A.
To prevent the introduction of pollutants into the Borough's
wastewater collection and treatment system which will interfere with
its operation, contaminate the biosolids generated at the wastewater
treatment plant, or will otherwise be incompatible with the system.
B.
To prevent the introduction of pollutants into the Borough's
wastewater collection and treatment system which will be inadequately
treated and thus will pass through the system into the receiving waters
or the atmosphere.
C.
To protect the environment, the general public and Borough personnel
against the hazards associated with discharges of toxic or otherwise
incompatible pollutants into the sewer system.
D.
To improve the opportunity to recycle and reclaim industrial wastewaters
and biosolids from the wastewater treatment system.
E.
To provide for equitable distribution of the cost for the development
and implementation of the Borough of Wildwood Crest Sanitary Sewer
Rules, Regulations and Standards and other improvements to the wastewater
collection and treatment system.
F.
To help assure the Borough and Cape May County MUA joint compliance
with the New Jersey Pollutant Discharge Elimination System (NJPDES)
permit, biosolids use and disposal requirements, the Clean Water Act,
the General Pretreatment Regulations, and any other state or federal
laws which with the Borough and Cape May County MUA must comply.
A.
The Borough of Wildwood Crest Sanitary Sewer Rules, Regulations and
Standards, (alternately referred to as "Rules, Regulations and Standards")
three copies of which are on file in the Office of the Borough Clerk
of the Borough being marked and dated July 15, 2020, is hereby adopted
as the Borough of Wildwood Crest Sanitary Sewer Rules, Regulations
and Standards, and each and all of the rules, regulations, provisions,
penalties, conditions and terms of the Borough of Wildwood Crest Sanitary
Sewer Rules, Regulations and Standards are hereby referred to, adopted
and made a part hereof as if fully set out in this chapter.
B.
The Borough of Wildwood Crest Sanitary Sewer Rules, Regulations and
Standards shall apply to persons located both within and outside the
Borough's political jurisdiction, including those in one of the
contributing municipalities, who are users or significant indirect
users of the collection system serviced by the Borough. Except as
otherwise provided herein, the provisions of the Borough of Wildwood
Crest Sanitary Sewer Rules, Regulations and Standards shall be administered
and implemented by the Borough.
C.
Nothing contained in the Borough of Wildwood Crest Sanitary Sewer
Rules, Regulations and Standards shall be construed as preventing
any special agreement or arrangement between the Borough and any users
within the Borough or one of the contributing municipalities, allowing
a waste of unusual strength or character to be accepted by the Borough
through special agreements in writing, executed prior to such acceptance,
containing safeguards, limitations, and conditions acceptable to the
Borough or the CMCMUA. Any such agreement or arrangement shall not
allow a discharge that exceeds Categorical Standards.
The applications and application procedures shall be found in
the Borough of Wildwood Crest Sanitary Sewer Rules, Regulations and
Standards.
A.
Transfer of service to new owners for existing connections.
(1)
No transfer of service will be granted by the Borough until the owner
has paid all charges due by the owner at any premises now or heretofore
occupied by the owner.
(2)
As sewer charges are municipal liens, all charges will be submitted
by the Borough prior to the date of settlement and verified in written
form to the title company or whatever authorized agent is processing
the transfer of the property. The title company shall be obligated
to clear all sewer charges outstanding on the property. In the event
that charges are not paid at settlement, those charges shall remain
on the account as a lien against the property.
(3)
All search requests shall be presented to the Borough in writing
at least 14 calendar days before the proposed settlement date.
(4)
The Borough shall charge a search fee on each account investigated.
Failure on the part of the party requesting the search (title company
or the proper authorized agent) to pay the search fees at settlement
or within 20 days of presentation of the account information, whichever
is shorter, will result in the discontinuance of Borough lien information
to the requesting party.
(5)
No search fees will be charged for information in areas in which
there is no existing sewer service.
B.
Service to new owners in newly constructed dwellings. No certificate of authority approval will be given to the Construction Official for issuance of a certificate of occupancy until the Borough has verified that the sewer main connection has been installed in accordance with the Borough procedures, the water meter is operational, and the connection fees have been paid. The initial billing date of a newly constructed home/EDU will be according to Article VI of this chapter.
C.
Landlord-tenant responsibility. All charges for sewer are a lien
against the property and therefore the responsibility of the owner.
Therefore, all bills will be sent to the property owner and not the
tenant.
D.
Mandatory connection.
(1)
Whenever a sewer main either exists or is made available to an improved
property a connection shall be made by the property owner within 30
days from the date after notice to such owner is provided by the Borough
of Wildwood Crest. Mandatory connection and payment of the fees shall
be paid in accordance with the fee schedule within the above specified
time.
(2)
For the purpose of this section, "exists" or "made available" shall
mean the availability of a gravity main in any public road or public
easement fronting any of the sides of a building lot or within property
line of any point of their property. It is the owner's responsibility
to pay for all expenses associated with extending and maintaining
the public sewer main, as necessary, to connect their facility to
the sewer up to the property line, in accordance with the Borough's
standards.
E.
Connection fees and time of connection.
(1)
The fees for the right to connect directly or indirectly to the Borough's
sanitary sewerage system shall include a connection fee as well as
fees for application, administrative action, review, and inspection
of work in keeping with the Borough's Sanitary Rules, Regulations
and Standards. The owner is responsible for payment of all fees.
(2)
No unauthorized persons shall uncover, make any connections with
or opening into, use, alter, or disturb the Borough's wastewater
collection system or any appurtenance thereof without first paying
a connection fee and complying with the Borough's connection
procedures.
(3)
In cases of condominium ownership, each unit, whether residential
or other than residential, shall be considered as separate entities
for connection fee purposes.
(4)
Any connection must be made within 12 months of the date the connection
fee is paid unless a special exemption is provided by the Borough
of Wildwood Crest. The sewer connection permit will become void at
that time, but can be renewed for additional periods of one month
each upon payment of any increase in the amount of the connection
fee over the fee paid at the time of issuance of the original sewer
connection permit and compliance with any change in the regulations
governing connections.
(5)
The Borough reserves the right to adjust both the number of EDUs
estimated and connection fee charged based on the actual consumption
figures obtained for a one-year period after the initial connection
to the Borough's sewer system. The Borough is under no obligation
to refund connection fee monies due to lower than anticipated wastewater
flows.
F.
Discontinuance of service by owners. Sewer service will not be considered
a service subject to discontinuation. Discontinuation of service can
only be authorized by the Borough. Requests for discontinuance of
sewer service will be considered only in cases of demolition, fire,
flooding, or by order of the Board of Health for abandonment to the
building serviced for health reasons. The property owner will be responsible
for the payment of all fees as established by the Borough until a
written request for discontinuance is received. The owner will be
responsible to hire a plumber to cap the applicable lines.
G.
Turnoff without authority. The owner shall not turn off or disconnect
or remove the water/sewage meter or permit its disconnection or removal
without the written consent of the Borough.
H.
Due to emergency. As necessity may arise in the event of breakdown,
emergency, or for any other unavoidable cause, the Borough shall have
the right to cut off the sewer service temporarily in order to make
necessary repairs, connections, etc., but the Borough will use reasonable
and practicable measures to notify the owner of such discontinuance
of service. In such case, the Borough shall not be liable for any
damage or inconvenience experienced by the owner; or any claim against
it at any time for interruption in service. When the service is to
be temporarily interrupted, notice will be given when practicable,
to all owners affected by the temporary interruption of service, stating
the probable duration of the interruption, and the purpose of the
interruption.
I.
Reserve capacity. The Borough shall have the right to reserve sufficient
capacity in its facilities to adequately collect sewage from all existing
and contracted owners. The Borough may further restrict or regulate
the quantity of wastewater discharge by the owner in case of scarcity
of capacity, or whenever the public welfare may so require.
J.
Responsibility for service.
(1)
It is agreed by the parties receiving service that the Borough does
not assume any liability as insurer of property or person, and that
the Borough does not guarantee any special service, capacity, or facility,
other than is permitted by the ordinary and changing operating conditions
of the Borough, as the same exists from day to day. It is agreed by
the parties receiving service that the Borough shall be free and exempt
from any and all claims for injury to any persons or property by reason
of failure to provide collection or treatment capacity.
(2)
In all contracts for general or special sewer service, it is expressly
understood and agreed that no claims will be made against the Borough
for damage to life or property, by reason of the breaking of any service
pipe or appliance within the owner's premises, nor for any damage
done due to the failure of the sewerage capacity for any cause beyond
the Borough's control.
(3)
No service will be furnished to any premises where any possibility
exists of the mingling of stormwater and sanitary waste; nor will
the Borough permit its mains or service pipes to be connected in any
way to any piping, tank, vat or other apparatus containing liquids,
chemical, or any other matter which may flow back into the Borough's
service pipes or mains, and consequently endanger the treatment process.
K.
Complaints. Complaints with respect to the character of the service
furnished, or the reading of the meters or of the bills rendered,
must be made at the Borough's office either orally, or in writing.
L.
Reasonable access. The properly identified authorized agents of the
Borough shall have the right of access to the premises served, at
all reasonable hours, for the purposes of reading meters, examining
fixtures and pipes, observing the manner of use and discharge of water,
and for any other purpose which is proper and necessary in the conduct
of the Borough's business.
M.
No oral agreements. No agent or employee of the Borough has authorization
to bind it by any promise, agreement or representation not provided
for in these rules.
N.
Prohibited actions.
(1)
No person shall place, shall discharge or shall permit to be placed
or to be discharged upon public or private property any wastewater.
(2)
It shall be unlawful to discharge without an NJDES permit to any
natural outlet within the Borough or in any area under its jurisdiction.
Wastewater discharges to the wastewater facilities are not authorized
unless in accordance with the provisions of this chapter.
(3)
Except as provided in this chapter, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for the disposal of wastewater.
(4)
No privy vault, cesspool, sinkhole, septic tank or similar receptacle
shall be used or shall be maintained upon any improved property that
has been connected to the wastewater collection system. Every such
privy vault, cesspool, sinkhole, septic tank or similar receptacle
in existence shall be abandoned and shall be cleansed and shall be
filled, at the expense of the owner of such improved property; and
any such privy vault, cesspool, sinkhole, septic tank or similar receptacle
not so abandoned and not cleansed and filled shall constitute a nuisance,
and such nuisance may be abated, as provided by law, at the expense
of the owner of such improved property.
(5)
It shall be unlawful for any person to place, deposit or permit to
be deposited in any unsanitary manner on public or private property
within the Borough or in any area under the jurisdiction of the Borough
any human or animal excrement, garbage or other objectionable waste.
(6)
No private wastewater disposal system shall be permitted in the geographic
areas of the Borough which have wastewater sewers provided.
