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Borough of Manasquan, NJ
Monmouth County
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Table of Contents
Table of Contents
General
[Ord. No. 1713-96 § 1]
The Water and Sewer Systems of the Borough of Manasquan are consolidated and shall be operated as one utility under the title of "Water and Sewer Utility."
Water and Sewer Rates
[Ord. No. 1713-96 § 2; Ord. No. 1777-98 § 2; Ord. No. 1918-03 § 1; Ord. No. 1969-05 § 1; Ord. No. 1990-06 § 1; Ord. No. 1999-07 § 1; Ord. No. 2061-09 § 1; Ord. No. 2077- 11 § 1; Ord. No. 2146-13 § 1; Ord. No. 2172-14; Ord. No. 2180-15; Ord. No. 2200-15 § 1; Ord. No. 2220-2016 § 1; Ord. No. 2272-18 § 1; amended 12-16-2019 by Ord. No. 2306-19[1]; 12-21-2020 by Ord. No. 2331-20]
a. 
The base water and sewer rate for each residential and nonresidential user shall be set by resolution annually. This charge represents the standby to serve or fixed charges incurred in the operation of the municipal water and sewer system. The fees shall be paid in equal quarterly installments.
A user shall be defined as follows:
1. 
Residential User:
(a) 
Each single-family residential dwelling.
(b) 
Multifamily residential dwellings.
Number of Units
Amount of Base Water and Sewer Service Rates
1 to 10
Full service rate for each unit
11 to 20
50% service rate for each unit
21 to 30
25% service rate for each unit
31 or over
10% service rate for each unit
2. 
Nonresidential User:
(a) 
Each nonresidential unit in sole occupancy of a structure.
(b) 
Each nonresidential unit in a multiunit structure.
(c) 
Each nonresidential unit being serviced by a common water service line.
(d) 
Each hotel or motel.
b. 
The following service rate shall be charged to residential and nonresidential users who are not connected to both the municipal water and sewer systems:
1. 
The base water service rate for each residential and nonresidential user shall be set by resolution annually. The fee shall be payable in equal quarterly installments.
2. 
The base sewer service rate for each residential and nonresidential user shall be set by resolution annually. The fee shall be payable in equal quarterly installments.
[1]
Editor's Note: This ordinance provided an effective date of 1-10-2020.
[Ord. No. 1713-96 § 3; Ord. No. 1777-98 § 3; Ord. No. 1918-03 § 2; Ord. No. 1969-05 § 2; Ord. No. 1990-06 § 2; Ord. No. 1999-07 § 2; Ord. No. 2061-09 § 2; Ord. No. 2077- 11 § 2; Ord. No. 2146-13 § 2; Ord. No. 2172-14; Ord. No. 2180-15; Ord. No. 2200-15 § 2; Ord. No. 2220-2016 § 2; Ord. No. 2272-18 § 2; amended 4-6-2020 by Ord. No. 2316-20; 12-21-2020 by Ord. No. 2331-20]
a. 
The charge for water and sewer usage shall be billed at a per-thousand-gallons-or-part-thereof rate. This rate shall be set by resolution annually.
b. 
The charge for water usage only shall be billed at per 1,000 gallons or part thereof. This rate shall be set by resolution annually.
c. 
The charge for sewer usage only shall be at per 1,000 gallons or part thereof. This rate shall be set by resolution annually.
d. 
Water and sewer usage shall be measured by the number of gallons of water shown on the water meter.
e. 
Any user found to be receiving water service that is not being metered shall be charged at the rate set by resolution annually.
[Ord. No. 1713-96 § 4]
a. 
Each residential or nonresidential user utilizing a common service line with other users shall be billed a base water and sewer service rate.
b. 
The common service line to users shall be metered and billed for water and sewer usage charges as provided in Section 22-3 above. This charge shall be divided by the number of users connected to the common service line, and the quotient shall be billed to each residential or nonresidential user.
c. 
Residential or nonresidential users utilizing a common service line shall be required to designate an association or entity to which the charges shall be billed; provided, however, that each user shall remain responsible for the payment of such charges. Further, each property or unit of occupancy shall be subject to a lien for unpaid water and sewer charges.
[Ord. No. 1713-96 § 5]
The charges established in Sections 22-2, 22-3 and 22-4 shall be reviewed annually by the Governing Body and be revised to reflect treatment, operation, maintenance and capital expenses incurred in the operation of the water and sewer systems.
[Ord. No. 1713-96 § 6; Ord. #2019-07 § 1; Ord. No. 2180-15]
a. 
Bulk water supplied for any special event or operation shall be billed at the rate as stated in Chapter 16, Fees.
b. 
Bulk water supplied for use during construction shall be billed as stated in Chapter 16, Fees per unit being built, rebuilt or rehabilitated. The property owner shall be required to display a sticker provided by the Water/Sewer Superintendent or Water/Sewer collector at the time of payment, which shall be affixed to the construction permit, and be displayed at all times.
[Ord. No. 1713-96 § 7; Ord. No. 1986-06 § 1; Ord. No. 2019-07 § 1; Ord. No. 2180-15]
a. 
The charges for water taps shall be as stated in Chapter 16, Fees.
b. 
A charge shall be as stated in Chapter 16, Fees will be made for each sewer connection.
[Ord. No. 2180-15]
The fee to cut and cap the water supply shall be as stated in Chapter 16, Fees.
[Ord. No. 1713-96 § 8]
The base water and sewer service rate shall be billed in advance on a quarterly basis. Water and sewer usage charges shall be billed on a quarterly basis in the quarter following the actual usage. All billings shall be due and payable within 30 days of the billing date. In the event that any billings are not paid within 30 days of the billing date, then the billings will be considered delinquent, and water service to the customer having a delinquent account may be discontinued. Interest shall accrue on all unpaid balances at the rate of 18% per annum from the date of the delinquency.
[Ord. No. 1713-96 § 9; Ord. No. 2019-07 § 1; Ord. No. 2180-15]
a. 
Charges shall be imposed for work performed in discontinuing water service for delinquent accounts during normal business hours between 7:00 a.m. and 3:00 p.m. on any weekday:
1. 
Turn off municipal water supply: See Chapter 16, Fees.
2. 
Turn off municipal water supply: See Chapter 16, Fees.
b. 
Charges shall be imposed for work performed in discontinuing water service for delinquent accounts before 7:00 a.m. or after 3:00 p.m. on any weekday, or on a Saturday, Sunday or any holiday celebrated by the Municipality:
1. 
Turn off municipal water supply: See Chapter 16, Fees.
2. 
Turn on municipal water supply: See Chapter 16, Fees.
c. 
Charges shall be imposed for each emergency call, service call or any other work performed before 7:00 a.m. or 3:00 p.m. on a weekday, or on a Saturday, Sunday or a holiday celebrated by the Municipality:
1. 
After hours call: See Chapter 16, Fees.
2. 
Turn off municipal water supply: See Chapter 16, Fees.
3. 
Turn on municipal water supply: See Chapter 16, Fees.
4. 
Emergency call for broken or leaking service whether or not service is disconnected - first service call: See Chapter 16, Fees.
5. 
Emergency call for broken or leaking service whether or not service is disconnected - second service call to the same property within a consecutive twelve-month period: See Chapter 16, Fees.
6. 
Emergency call for broken or leaking service whether or not service is disconnected - third service call to the same property within a consecutive twelve-month period: See Chapter 16, Fees.
7. 
Emergency call for broken or leaking service whether or not service is disconnected - fourth service call to the same property within a consecutive twelve-month period: See Chapter 16, Fees.
d. 
In the event there is an emergency or service call for broken or leaking service, whether or not service is disconnected, for four or more times to the same property within a consecutive twelve-month period, the water supply shall be discontinued until the condition is permanently corrected and the Municipality shall have the right to file a summons and complaint seeking penalties stated in Chapter 1, Section 1-5 of this chapter.
[Ord. No. 2019-07 § 1]
a. 
Water utilized for filling newly installed swimming pools shall be taken from the main service. An adjustment reducing the sewer portion of the bill shall be given upon receipt by the Water/Sewer Collector of a letter from the sales or installation company certifying the total capacity of the swimming pool.
b. 
Water utilized to fill existing swimming pools shall be taken from the main service. Prior to utilizing the water supply, the property owner shall contact the Water/Sewer Superintendent to obtain an auxiliary meter to be attached to an outside hose bib to be utilized to fill the swimming pool. An adjustment reducing the sewer portion of the bill shall be given based upon the auxiliary meter reading.
[Ord. No. 1713-96 § 10; Ord. No. 1727-97 § 1]
The following users receiving water and sewer service shall be exempt from paying rates and charges established under this section:
Borough of Manasquan
Manasquan First Aid Squad
Manasquan Hook & Ladder Company No. 1
Volunteer Engineer Co. No. 2
Manasquan Library
Manasquan/Brielle Little League
Squan Village Historical Society, Inc.
 
Sewer System Regulations
[Ord. No. 1713-96 § 11; Ord. No. 2019-07 § 1]
a. 
Application for sewer service for any premises shall be made in writing and signed by the property owner or an authorized agent on a form to be provided and filed with the Municipal Clerk. The owner shall agree, in the application, to comply with all ordinances, rules and regulations of the Municipality relating to the water and sewer system. Prior to the issuance of any permit, an applicant shall pay to the Municipal Clerk all fees for a sewer tap established in this chapter and all fees for a street opening permit established in Chapter 20 (Streets and Sidewalks).
b. 
Laterals from the main sewer line to the curb shall be constructed, maintained and repaired by and at the expense of the property owner. No construction, maintenance or repair work shall be performed on sewer laterals other than by a person, firm or corporation licensed as a plumber by the State of New Jersey and all work on sewer laterals between the main sewer line and the curb shall be subject to the supervision of the Water/Sewer Superintendent.
c. 
Prior to the Water/Sewer Superintendent authorizing any sewer tap, the property owner or an authorized agent shall submit to the Superintendent permits for the sewer connection and street opening.
d. 
All new buildings constructed shall be connected to a separate sewer line. Shared sewer lines with other buildings are prohibited, except where approved by the Water/Sewer Superintendent. The owner of any property permitted to maintain a shared sewer line shall provide evidence of a utility easement recorded in the County Clerk's office prior to the issuance of a construction permit.
e. 
Existing buildings and properties with a shared sewer line shall, upon application for a construction permit for any development in excess of 50% of the assessed value of the structure where the work is proposed, be required to construct a separate sewer line, except where approved by the Water/Sewer Superintendent. The owner of any property permitted to maintain a shared line shall provide evidence of a utility easement recorded in the County Clerk's office prior to the issuance of a construction permit.
[Ord. No. 1713-96 § 12]
Pipe and other materials used in the installation of sewer laterals shall comply with all applicable BOCA or National Plumbing Codes in effect at the time of the operation. In addition, if the sewer lateral is constructed of PVC or ABS plastic pipe, there shall be installed along the length of the lateral, from where it connects to the main in the street to just inside the wall where the service enters the structure, a single strand, plastic coated, 12 gauge wire, so that the line can be identified while underground.
[Ord. No. 1713 § 13]
No ditch in which a pipeline is laid shall be covered over until such time as the work has been inspected by and is satisfactory to the Sewer Superintendent, Plumbing Subcode Official or an authorized agent.
[Ord. No. 1713 § 14]
Prior to the replacement of any sewer lateral, the property owner or an authorized agent shall obtain a permit from the Municipal Clerk and pay all charges established in this section.
[Ord. No. 1713 § 15]
No house sewer lateral larger than four inches in size shall be permitted without special permission from the Sewer Superintendent.
[Ord. No. 1713-96 § 16]
The property owner receiving sewer service shall be responsible for the maintenance and repair of the sewer lateral between the main sewer line and the building or unit receiving the sewer service. In the event that the Sewer Superintendent shall determine that there is a break or malfunction in the sewer lateral line, the Superintendent shall cause the property owner to be notified of such condition. The property owner shall be responsible to carry out repairs to the sewer lateral line within 24 hours of receiving notice from the Superintendent. If the Superintendent is unable to contact the property owner within 12 hours of the break or disruption in the sewer lateral line or should the property owner fail to correct the condition within the time period set forth above, the Superintendent shall be authorized to carry out such emergency repairs and services. In the event that the Superintendent shall determine that the break or malfunction is major in nature and constitutes an immediate problem adversely affecting the health, safety and welfare of the community, the time periods for notification to the property owner shall be suspended and the Superintendent shall be authorized to carry out such emergency repairs and services. In the event emergency repairs and services are carried out by the Superintendent, the actual cost of repairs shall be assessed as a charge against the property and shall be due and payable within 30 days of the time when a written bill is served upon the property owner at the address listed in the assessment records of the Borough. In the event the charge is not paid within the thirty-day period, it shall be subject to interest and service shall be subject to disconnection as set forth in Section 22-2 of this chapter.
[Ord. No. 1713-96 § 17]
No person shall discharge or cause to be discharged any of the following described waters, liquids or waste in any portion of the sewer system:
a. 
Any liquid or vapor having a temperature higher than 150° F.
b. 
Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease.
c. 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
d. 
Any garbage or trash, except discharges from a refuse disposal unit.
e. 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
f. 
Any waters or waste having a pH lower than 5.3 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of sewage works. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
g. 
Any waters or waste containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewer treatment process or constitute a hazard to humans or animals or create a hazard in receiving waters of the sewage treatment plant.
h. 
Any waters or wastes containing suspended solids of such a character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plan.
i. 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
j. 
Any storm run-off or drainage, including such run-off or drainage entering the sewer system through broken, missing, improperly connected or disconnected sewer clean-out or plug.
[Ord. No. 1713-96 § 18]
No cellar drains, area drains, roof leaders, sump pumps or down spouts shall be connected to the sewer system. In addition, the use of a mushroom cap for the purpose of sewer venting shall be prohibited, unless the cap is at least three feet above ground and the cap is secured at all times. All elbow vents must be located at least three feet above ground level.
[Ord. No. 1713-96 § 19]
In addition to the penalties stated in Chapter 1, Section 1-5, other remedies will include:
a. 
Any person who shall violate any provision of Sections 22-11 through 22-18 may, at the discretion of the Sewer Superintendent, be subject to discontinuation of water service until the violation has been corrected.
Water System Regulations
[Ord. No. 1713-96 § 20; Ord. No. 2019-07 § 1]
a. 
All applications for the connection of the municipal water system to any premises must be made in writing upon a form furnished and provided for the purpose by the Municipal Clerk. The form must be signed by the owner of the property, or his agent, and must be filed with the Municipal Clerk. The property owner shall, in the application, agree to comply with all ordinances, rules and regulations of the municipality relative to its water system. Prior to a permit being issued, an applicant shall pay the Municipal Clerk all fees for a water tap established in this chapter and all fees for a street opening permit established in Chapter 20 (Streets and Sidewalks). All service pipes shall be installed by the authorized plumber under the supervision of the Water/Sewer Superintendent. No street shall be excavated or opened for the purpose of installing, repairing or renewing any service pipe unless an application shall be first made in writing to the Municipal Clerk and a permit is issued by the Municipal Clerk for the work under the provisions of Chapter 20 (Streets and Sidewalks).
b. 
All new buildings shall be connected to a separate water line. Shared water lines with other buildings are prohibited, except where approved by the Water/Sewer Superintendent. The owner of any property permitted to maintain a shared water line shall provide evidence of a utility easement recorded in the County Clerk's office prior to the issuance of a construction permit.
c. 
Existing buildings and properties with a shared water line shall, upon application for a construction permit for any development in excess of 50% of the assessed value of the structure where the work is proposed, be required to construct a separate water line, except where approved by the Water/Sewer Superintendent. The owner of any property permitted to maintain a shared water line shall provide evidence of a utility easement recorded in the county clerk's office prior to the issuance of a construction permit.
[Ord. No. 1713-96 § 21]
A property owner or an authorized agent shall submit permits for a water connection and street opening permit issued by the Municipal Clerk prior to the Water Superintendent authorizing a tap of the water main.
[Ord. No. 1713-96 § 22]
No person shall be permitted to tap into any water distribution pipe or in any fashion make a connection to the water distribution system without the prior approval of the Water Superintendent.
[Ord. No. 1713-96 § 23]
The pipe and other material to be used in the installation and service lines shall comply with all applicable BOCA Codes or National Plumbing Codes in effect at the time of installation. In addition, if the water service is installed using either PVC or ABS plastic pipe, the installer shall attach to the service with a bolt, on or near the top of the curbstop, to either the meter or the first shut off valve inside the structure, a single strand, plastic coated, 12 gauge wire. Any new construction or replacement of service from the curb to a structure or structures where there are two or more users shall, at the owner's discretion, install either a separate curbstop with an individual service line into each unit or a manifold at the point inside the structure where the service line separates.
[Ord. No. 1713-96 § 24]
It shall be lawful for the Water Superintendent, Municipal Engineer, or any agents of the Municipality to enter upon any land for the purpose of making any and all necessary surveys and examinations and, at all reasonable hours, to enter any structure where water is furnished for the purpose of inspecting the water service pipes, fixtures and connections.
[Ord. No. 1713-96 § 25]
The entire control of such service pipe from the water main, including the stopcock at the curb, shall remain with the municipality, and no person other than the Water Superintendent or a plumber licensed by the State of New Jersey shall be allowed to open or close the curb stops.
[Ord. No. 1713-96 § 26]
The property owner shall be responsible for construction, maintenance and repair of the water service pipe between its connection with the water main line and its connection with the unit receiving water service. All work on the service pipes between the water main line and the curb shall be subject to the supervision of the Water Superintendent. In the event that the Superintendent shall determine that there is a break or malfunction in the water service pipe, the Superintendent shall cause the property owner to be notified of such condition. The property owner shall be responsible to carry out repairs to the water service pipe within five days of receiving notice from the Superintendent. In the event the Superintendent is unable to contact the property owner within 48 hours of the break or disruption in the water service pipe or should the property owner fail to correct the condition within the time period set forth, the Superintendent shall be authorized to carry out such emergency repairs and services. In the event that the Superintendent shall determine that the break or malfunction is major in nature and constitutes an immediate problem adversely affecting the health, safety and welfare of the community, the time periods for notification to the property owner and completion of repairs by the property owner shall be suspended and the Superintendent shall be authorized to carry out such emergency repairs and services. In the event emergency repairs and services are carried out by the Superintendent, the actual cost of repairs shall be assessed as a charge against the property and shall be due and payable within 30 days of the time when a written bill is served upon the property owner at the address listed in the assessment records of the Municipality. In the event the charge is not paid within the thirty-day period, it shall be subject to interest and service and shall be subject to disconnection as set forth in Sections 22-2 through 22-10 of this chapter.
[Ord. No. 1713-96 § 27]
The water supply to any premises shall not be turned on by anyone without first obtaining permission from the Water/Sewer Collector.
[Ord. No. 1713-96 § 28]
Service pipes from the curbstop to a structure must be installed at least 3 1/2 feet underground. A stopcock must be installed at the curb to allow the water service line to be opened or closed at the curbstop.
[Ord. No. 1713-96 § 29]
When the replacement of any service line installed prior to the passage of Section 22-20 through Section 22-36 is required, the property owner shall comply with all regulations previously stated, as in the case of a new connection.
[Ord. No. 1713-96 § 30]
No person or persons shall permit water to be left running without having first received a special permit from the Water Superintendent.
[Ord. No. 1713-96 § 31]
If any person other than the Water Superintendent or a duly authorized agent of the Municipality shall open or close the curb stops, valves or hydrants in any public or private street main or service pipe, such person shall be subject to a fine or imprisonment as established in Section 22-37.
[Ord. No. 1713-96 § 32; Ord. No. 2180-15]
All fire hydrant connections for the use of water for pile driving, jetty work or the like shall be charged at the rate as stated in Chapter 16, Fees per eight hour day for each connection, payable in advance to the Chief Financial Officer.
[Ord. No. 1713-96 § 33]
Permission for the use of water from fire hydrants for any other purpose shall be obtained from the Governing Body or Water Superintendent, and meters shall be installed to register the quantity of water used, all to be paid for by the user. The prevailing rates for metered water shall be applied.
[Ord. No. 1713-96 § 34; Ord. No. 2019-07 § 1]
a. 
All water users shall keep water pipes, fixtures, the service pipe to the main and the curbbox and stopcock in good repair, and shall, at the expense of the user, protect the same from frost, freezing or from wasting water.
b. 
The curbbox shall be kept accessible at all times, and shall not be buried or covered by concrete, pavers, grass or any other surface or material that will prevent access to the curbbox.
[Ord. No. 1713-96 § 35]
It shall be lawful for the Municipality or its duly authorized agent or agents, at any and all times after first giving proper notice, to shut off the supply of water to any consumer or consumers for the purpose of making extensions, additions or repairs to the distribution system.
[Ord. No. 1713-96 § 36]
No water supply service to any premises shall be turned on until such time as all charges for water and sewer service, including the current year, shall have been paid in full.
[Ord. No. 1713-96 § 37]
Any person shall violate any provision of Sections 23-20 through 23-36 may, at the discretion of the Water Superintendent, be subject to discontinuation of water service until the violation has been corrected. Any person, firm or corporation that shall be convicted of a violation of a provision of Sections 23-20 through 23-36 shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day that a violation exists shall constitute a separate violation.
 
Drought Restrictions
[Ord. No. 1713-96 § 38]
The Governing Body shall have the authority to proclaim the existence of a water emergency and prescribe regulations as follows:
a. 
Prohibit the use of water from the municipal water supply for any purpose not necessary to the health, safety and welfare of the public.
b. 
Allocate and prorate the available water supply.
c. 
Prevent waste for the duration of such emergency.
[Ord. No. 1713-96 § 39]
The proclamation of an emergency shall be conclusive on all persons and users upon the filing of the proclamation in the Office of the Municipal Clerk and the publication at least once in an official newspaper of the Borough.
[Ord. No. 1713-96 § 40]
The regulations set forth in the proclamation and any subsequent regulations made and published as aforesaid, upon filing thereof in the Office of the Municipal Clerk, shall become part hereof the same as if specifically incorporated and set forth herein.
[Ord. No. 1713-96 § 41]
Every user shall, upon the proclamation of an emergency, become bound and shall conform and comply in the use of water and the maintenance of the water service connections and equipment.
[Ord. No. 1713-96 § 42]
During the continuance of any water emergency, as determined by a resolution of the Governing Body, restrictions as to the watering of lawns, shrubbery, gardens, other vegetation and any other nonessential use from the municipal water supply shall be determined at the time of the proclamation of the emergency. These restrictions may be added to, or relaxed at any time during the emergency, by resolution of the Governing Body. Persons watering lawns, shrubbery, gardens or other vegetation from privately owned wells may continue to do so during such water emergency, providing their well and well water distribution system has been inspected by the Water Department and a permit issued by the Water Department. No private well or well water distribution system shall, in any way, be connected to the municipal water supply or to any system connected to the municipal water supply.
[Ord. No. 1713-96 § 43]
Every lessee, tenant and occupant of any building or premises connected with the municipal water supply shall immediately notify the owner or his agent of any defective water service pipes, fixtures or connections whereby water is being wasted and every lessee, tenant and occupant of any such building or premises shall notify the Water Department or Police Department of any waste occurring by reason of defective water service pipes, fixtures or connections.
[Ord. No. 1713-96 § 44]
Every property owner, lessee, tenant, occupant or other person, firm or corporation in charge of any building or premises connected with the municipal water supply shall admit thereto the authorized agents and employees of the municipality for the purpose of inspecting the water service pipes, fixtures and connections.
[Ord. No. 1713-96 § 45]
Every property owner and water user during a period of a water emergency shall be upon notice of any waste of water due to defective service pipes, fixtures or connections and of the regulations promulgated under the proclamation. It shall be the duty of the property owner to forthwith make or cause to be made repairs necessary to prevent such waste.
[Ord. No. 1713-96 § 46]
All users of water from the municipal water supply by and under any contract, ordinance or statute are bound by the provisions hereof and of the regulations promulgated under any proclamation pursuant hereto.
[Ord. No. 1713-96 § 47]
Whenever a property owner shall fail or refuse to make repairs so as to prevent the waste of water, the Municipality shall have the right to make such repairs and charge the cost thereto to the property owner in the same manner as other water charges are made, as by the statutes and ordinances provided.
[Ord. No. 1713-96 § 37]
Any person shall violate any provision of Sections 22-38 through 22-47 may, at the discretion of the Water Superintendent, be subject to discontinuation of water service until the violation has been corrected. Any person, firm or corporation that shall be convicted of a violation of a provision of Sections 22-38 through 22-47 shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day that a violation exists shall constitute a separate violation.
Meters
[Ord. No. 1713-96 § 49]
All users shall be equipped with water meters and remote reading sensors.
[Ord. No. 1713-96 § 50]
a. 
Each structure or building having a separate water service shall be separately metered. A property owner may request that additional water service lines be supplied to the premises at the property owner's expense.
b. 
In the event that the owner of the premises fails to install a water meter and remote reading sensor within the time period established in Sections 22-49 through 22-60, water usage shall be billed at the prevailing rate for unmetered water.
c. 
No water meters will be supplied for subtractive water metering purposes.
[Ord. No. 1713-96 § 51]
a. 
All water meters shall be: located within the structure receiving the water supply; protected from the elements; located as close as possible to the stop and waste valve where the service enters the building; and located in a suitable and readily accessible area to permit meter reading and service to the meter. A suitable stopcock shall be installed on each side of the water meter. The stopcock must be a type that is arranged to be locked when it is closed. The location of the water meters shall be approved by the Water Superintendent, or his designated agents, prior to its installation. The Superintendent shall have the discretion to allow the meter to be located in other locations requested by the property owner or occupant receiving water service; provided, however, that the property owner or occupant shall be responsible for repair or replacement costs of the meter because of the deviation from the location prescribed herein.
b. 
Remote Reading Sensor Location. The user shall provide a suitable and readily accessible place on the exterior of the building or structure for the installation of a remote reading sensor. In no event shall a remote reading device be installed inside of a fence, in an area where animals are kept, behind any large shrubbery, or in any other location that would prohibit the meter reader to access it. The location of the remote reading sensor shall be approved by the Superintendent prior to its installation.
[Ord. No. 1713-96 § 52]
a. 
Meters measuring the quantity of water consumed and remote reading senors shall be made available by the Water Department; and shall remain the property of the Borough. The property owner shall pay for all meter repairs or replacement costs, along with repairs or replacement costs of the remote sensor, due to the negligence of the property owner or occupant of the property receiving water service. The Superintendent shall be charged with the responsibility of determining whether damage to the water meter or remote sensor was caused by the negligence of the property owner or occupant of the property receiving water service.
b. 
When any structure containing a water meter and remote sensor is to be demolished or substantially altered, the property owner or a designated agent shall deliver to the Water Department both the meter and remove, for storage. Contractors, plumbers and homeowners shall be liable for the cost of replacement for any meter or remote that is lost or damaged during construction.
[Ord. No. 1713-96 § 53; Ord. No. 2217-2016 § 1; Ord. No. 2268-18 § 1]
a. 
The property owner of any premises connected to the municipal water system shall, at the expense of the property owner, install a water meter and remote reading sensor to be supplied by the Water Department. The water meter and remote shall be installed within 10 days of the date on which it is supplied or made available to the owner or user. In the case of a new water service to a building or structure constructed after the adoption of Sections 22-49 through 22-60, a Certificate of Occupancy shall not be issued until a water meter and remote sensor have been installed. All work in connection with the installation of the water meter must be accomplished by either the property owner or a licensed plumber and shall be inspected by the Water Superintendent.
b. 
In the event the property owner of the premises connected to the municipal water supply fails to install a water meter and remote within the time period as provided in Sections 22-49 through 22-60, the Borough shall have the right to install a water meter and remote and charge all expenses in connection therewith against the property receiving the water supply. The installation charges shall be determined by the Water Superintendent and shall include, but not be limited to, all labor and material costs in connection with the installation.
c. 
Effective December 31, 2016 through December 31, 2018, any property owner utilizing a water meter that predates the water meters which were supplied by HD Supply Waterworks, LTD pursuant to a contract entered into with the Borough of Manasquan on June 1, 2016 shall be required to pay a fee of $500 to the Borough of Manasquan for reading of said water meter. Said fee shall be assessed only one time during the period of December 31, 2016 through December 31, 2018.
d. 
Effective January 1, 2019, any property owners utilizing a water meter that predates the water meters which were supplied by HD Supply Waterworks, LTD pursuant to a contract entered into with the Borough of Manasquan on June 1, 2016 shall be required to pay a fee of $500 to the Borough of Manasquan for reading of said water meter each time meter is read for quarterly billing.
[Ord. No. 1713-96 § 54]
The property owner of any premises where a meter is installed shall be held responsible for its care and protection from freezing, hot water or from any other damage thereto. The property owner shall also be responsible for the remote reading sensors and the wires from it to the meter, and shall protect the same from being lost, broken or otherwise damaged. The property owner or user shall notify the Water Superintendent of any damage to or of the nonworking of the meter or remote as soon as the property owner has knowledge of this condition.
[Ord. No. 1713-96 § 55]
No bypass of a water meter shall be permitted. Any property owner determined to be bypassing a water meter shall be charged the prevailing rate for unmetered water for the entire quarter, and shall be subject to disconnection of water service.
[Ord. No. 1713-96 § 56; amended 6-26-2023 by Ord. No. 2403-23]
Repairs to water meters and remote reading sensors shall be made by the Water Department; provided, however, that if proper protection has not been provided, all expenses incurred by the Department for repairing or replacing the meter and remote reading sensor shall be charged to the user or property owner of the premises where such meter and remote reading sensor are located, in accordance with Chapter 16 Fees, Section 22-56.
[Ord. No. 1713-96 § 57]
Where water is furnished by metered measurement, the quantity recorded by the meter shall be conclusive on both the user and the Borough, except where the meter has been found to be registering incorrectly or has ceased to register. In such case or cases, the quantity may be determined by the average registration of another meter for a period of 30 days, or by the same meter for a period of 30 days after it has been repaired and tested, during a similar use period. The period of similar use or the previous corresponding period shall be determined by the Office of the Collector of Water and Sewer Rates.
[Ordinance No. 2180-15; Ord. No. 2268-18 § 2]
a. 
The fee for a meter reading for final balance due as well as a fee for reading a meter not the subject of an installation pursuant to a contract entered into between HD Supply Waterworks, LTD and the Borough of Manasquan dated June 1, 2016 shall be as stated in Chapter 16- Fees.[1]
[1]
Editor's Note: See also Section 22-53, paragraph c.
[Ord. No. 1713-96 § 58; Ord. No. 2217-2016 § 3; Ord. No. 2268-18 § 3]
The Water Department shall, at the request of any property owner or user, test the meter. A meter shall be considered to be functioning correctly if it reads a flow within 2% of absolute correctness. If the water meter is determined to be recording a flow in excess of the water actually delivered, the water charge shall be adjusted; provided, however, that the adjustment shall be for a maximum of one year's water charges. If the meter is found to be recording correctly, the appropriate owner or user shall pay a test fee of $200.
[Ord. No. 1713-96 § 59]
Complaints relating to water service shall be made in writing to the Water/Sewer Collector. The Water Department shall make a record of such complaint, except in the case of a billing complaint, giving the name and address of the complainants, the date, the nature of the complaint and the remedy.
[Ord. No. 1713-96 § 60]
No person, other than an employee of the Water Department or its authorized agents, shall, without the prior authorization of the Water Superintendent remove, replace or in any manner interfere with a meter attached to a water pipe, used or intended to be used to supply water to any premises. This applies whether the meter is set inside or outside of a building.
[Ord. No. 1713-96 § 37]
Any person shall violate any provision of Sections 22-49 through 22-60 may, at the discretion of the Water Superintendent, be subject to discontinuation of water service until the violation has been corrected. Any person, firm or corporation that shall be convicted of a violation of a provision of Sections 22-49 through 22-60 shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day that a violation exists shall constitute a separate violation.
[Ord. No. 2026-08]
The purpose of this section is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Manasquan, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2026-08]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Manasquan or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political, subdivision of this State subject to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2026-08]
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Manasquan is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
[Ord. No. 2026-08]
a. 
Waterline flushing and discharges from potable water sources.
b. 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
c. 
Air-conditioning condensate (excluding contact and non-contact cooling water).
d. 
Incidental irrigation water (including landscape and lawn watering runoff).
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
f. 
Residential car washing water, and residential swimming pool discharges.
g. 
Sidewalk, driveway and street wash water.
h. 
Flows from firefighting activities.
i. 
Flows from rinsing of the following equipment with clean water:
1. 
Beach maintenance equipment immediately following their use for their intended purposes; and
2. 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
3. 
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. No. 2026-08]
This section shall be enforced by the Police Department, Zoning Officer, Code Enforcement Officer or the Sewer System Operator (C-4) of the Borough of Manasquan.
[Ord. No. 2026-08]
Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and as same may be amended from time to time. Each and every day a violation of this section shall exist shall constitute a separate violation.
[Ord. No. 2026-08]
The purpose of this section is to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2026-08]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Manasquan, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJO141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Manasquan or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2026-08]
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Manasquan any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Ord. No. 2026-08]
This section shall be enforced by the Police Department, Zoning Officer and Code Enforcement Officer of the Borough of Manasquan.
[Ord. No. 2026-08]
Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and as same may be amended from time to time. Each and every day a violation of this section shall exist shall constitute a separate violation.
[Ord. No. 2073-10; Ord. No. 2090-11]
The scope and purpose of this section is to aid in the prevention of sanitary sewer blockages and obstructions due to contributions and accumulation of fats, oils, and greases into the sanitary sewer system of the Borough of Manasquan from nonresidential food preparation and service facilities.
[Ord. No. 2073-10; Ord. No. 2090-11]
As used in this section:
EATING AND DRINKING FOOD ESTABLISHMENT
Shall mean any nonresidential facility connected to the Borough sanitary sewer system primarily or regularly engaged in the activity of preparing, serving or otherwise making available for consumption foodstuffs, including ice cream, or one that uses one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing and any other food preparation activity that produces a hot, nondrinkable food product in or on a receptacle that requires washing.
GREASE
Shall mean an organic foodstuff component and/or by-product from the preparation thereof, which is viscous at room temperature and non-water soluble, and commonly referred to as fat, oil or grease.
GREASE TRAP
Shall mean a device for intercepting, separating and retaining waterborne grease prior to the wastewater exiting the device and entering the sanitary sewer system.
SANITARY SEWER SYSTEM
Shall mean and refer to the sanitary system of the Borough of Manasquan.
SEASONAL EATING AND DRINKING FOOD ESTABLISHMENT
Shall mean any eating and drinking food establishment that operates six months or less in any calendar year.
[Ord. No. 2073-10; Ord. No. 2090-11]
a. 
Installation. All eating and drinking food establishments shall install a grease interceptor capable of preventing discernible accumulations of grease in the sanitary sewer system of the Borough and/or connecting wastewater lines from said establishment. The specifications, installation and repair of all grease interceptors shall be approved by the Plumbing Subcode Official of the Borough.
b. 
Maintenance/Records. Eating and drinking food establishments shall establish a grease interceptor maintenance schedule based upon the size and nature of the individual operation. That schedule shall be of sufficient frequency to prevent the interceptor from becoming overloaded with grease and solids and shall prevent the discharge of grease and solids into the downstream piping and sanitary sewer system. In any event, an eating and drinking food establishment shall clean its grease interceptor(s) and properly dispose of any grease removed therefrom at least once every three calendar months. Eating and drinking food establishments shall maintain records of said actions for a period of at least three years for the purpose of inspection thereof by the Borough. These records shall be subject to inspection by the Borough Code Enforcement Officer and/or the Borough Public Works Department. Seasonal eating and drinking food establishments shall be subject to all of the requirements of an eating and drinking food establishment except that the seasonal eating and drinking food establishment shall clean its grease interceptor(s) and properly dispose of any grease two times during the seasonal operation.
c. 
Annual Inspection/Report. On or before April 1st of each calendar year, an eating and drinking food establishment shall provide to the Borough Plumbing Subcode Official an annual inspection report of its grease interceptor(s) and connecting wastewater lines to ensure that grease is being adequately removed from the wastewater being discharged into the sewer system. The inspection shall be performed by a licensed plumber or cleaning service that specializes in grease interceptor cleaning, and a report provided to both the eating and drinking food establishment and to the Borough Plumbing Subcode Official within three weeks of said inspection. This inspection report shall contain observations with regard to the efficiency of the grease interceptor, the amount of grease found in the connecting wastewater lines, the percentage of grease being removed from wastewater that is discharged into the sanitary sewer system and the maintenance and efficiency of the grease interceptor (with particular attention given to whether the grease interceptor needs replacement or increased capacity).
d. 
Prohibited. The use of enzymes, emulsifiers, or similar chemicals in grease interceptors shall be prohibited.
[Ord. No. 2073-10; Ord. No. 2090-11]
Grease Interceptors shall meet the specifications of Chapter 6 of the current National Standard Plumbing Code/N.J.A.C. 5:23-3.15.
[Ord. No. 2073-10; Ord. No. 2090-11]
a. 
Generally. In consideration for continued use of its sanitary sewer system, The Borough of Manasquan shall reserve the right to periodically conduct routine inspections of the grease interceptor(s) of any eating and drinking food establishment during regular business hours. During such inspections, the Borough shall have the right to inspect (i) any food preparation areas (ii) any records maintained pursuant to this section (iii) all grease interceptors which shall be opened upon request, and (iv) all wastewater lines from the establishment to the sanitary sewer system, which may be accomplished by use of a line camera.
b. 
Inspection Fee for New Grease Interceptor Installations. The inspection fee for new grease interceptor is established in subsection 14-1.2b2(b).
c. 
Blockage. Whenever the Borough of Manasquan discovers a blockage of the sanitary sewer system caused by grease, the Borough shall have the right to conduct an inspection of any eating and drinking food establishment connected to the main in which said blockage is found, without regard to any prior or recent inspection(s) thereof.
d. 
Violation Discovered. If during an inspection, the Borough discovers a violation of this section, the Borough shall notify the owner and/or operator of the eating and drinking food establishment of the nature of said violation as soon as reasonably possible and, in its discretion, issue a notice to the owner and/or operator for the correction of said violation within seven calendar days thereof. If said violation is not corrected within such time the Borough shall issue a summons in accordance with said penalty provision. The owner and/or operator of the eating and drinking food establishment shall be subject to additional fees for any borough labor associated with correcting a blockage.
[Ord. No. 2073-10; Ord. No. 2090-11]
a. 
Fine for Noncompliance. Any retail food establishment that violates any of the provisions of this section is subject to penalties as established by the General Penalty Provisions (Section 1-5) of the Borough Ordinances.
b. 
Posting of Bond. For any retail food establishment that has plead guilty or been found guilty of a violation of this section, the Borough may require the posting of a bond by the retail food establishment as a guarantee against future violations of this section. The amount of the bond shall be calculated based on the anticipated cost of correcting a sanitary sewer blockage/obstruction due to a build up of fats, oils and grease. Any bond posted pursuant to this section shall remain in effect for two years. Upon the lapse of two years with no violations of this section, the retail food establishment shall be entitled to a refund of the bond unless the Borough has instituted proceedings for the forfeiture of the bond. Forfeiture of the bond shall occur if the retail food establishment is found guilty of a violation of this section and the retail food establishment has not paid any and all fees for Borough labor associated with correcting the blockage.
[Ord. No. 2073-10; Ord. No. 2090-11]
a. 
Generally. Except as where otherwise provided, the Code Enforcement Officer of the Borough, his/her designated representative(s), including the Borough of Manasquan Department of Public Works shall have the authority to enforce the terms of this section and to perform all duties described herein on behalf of the Borough of Manasquan.
b. 
Related Authorities. Nothing contained herein shall limit the authority of the Superintendent of Public Works, the Code Enforcement Officer and others so designated to enter the premises of any eating and drinking food establishment at all reasonable hours for the purposes of inspecting any water or sewer connection or service equipment, nor limit the authority of the Borough to assess penalties for any discharge of grease into the sanitary sewer system in violation of the Borough's Revised General Ordinances.