[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
Unless the context of usage indicates otherwise, the meanings of specific terms in this Article shall be as follows:
ACT
Shall mean the Federal Clean Water Act, as amended.
AIR INLET VENTS
Shall mean any opening in the sanitary sewer system that allows fresh air circulation to flow through the main sewer drain line and out the building venting system.
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
Shall mean the quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
BOROUGH
Shall mean the Borough of Cape May Point and its Water and Sewer Utility.
BUILDING SEWER
Shall mean the extension from a building wastewater plumbing facility to the public wastewater facility. The installation and maintenance of a "building sewer" is the sole responsibility of the owner, not the Utility.
CLEANOUT PIPE
Shall mean at the point that the building's sanitary sewer line empties into the Borough lateral (just inside the curbline), the Borough provides a vertical PVC pipe with screwed-on cap. This vertical pipe serves as a cleanout access for maintenance of the building's sanitary sewer line. The property owner is responsible for the replacement of the screwed-on cap should it become broken.
CMCMUA
Shall mean the Cape May County Municipal Utilities Authority.
COMBINED SEWER
Shall mean a sewer intended to receive both wastewater and storm or surface water.
COMMERCIAL USER (CLASS II)
Shall mean and include any property occupied by a nonresidential establishment not within the definition of an Industrial User (Class III) and which is connected to the wastewater facilities.
CURB TRAP
Shall mean a device, fitting or assembly of fittings installed in the building sewer line to prevent, circulation of air between the drainage system of the building and the municipal sewer system.
DAY
Shall mean the twenty-four-hour period beginning at 12:01 a.m.
EPA
Shall mean the United States Environmental Protection Agency.
EXTRAORDINARY EXPENSE
Shall mean those costs which are over and above normal operating and maintenance costs incurred as a result of actions of a person or persons.
GARBAGE
Shall mean the solid animal and vegetable wastes resulting from the domestic or commercial handling, storage, dispensing, marketing, preparation, cooking and serving of foods or food products.
INDUSTRIAL USER (CLASS III)
Shall mean any nonresidential user whose waste does not meet the restricted discharge requirements set forth in § 146-48 of this Article.
INTERFERENCE
Shall mean inhibition or disruption of any sewer system, wastewater treatment process, sludge disposal system or their operation which substantially contributes to a violation of applicable discharge permits.
LATERAL
Shall mean the extension between the Utility's main and the owner's building sewer inside the curb at a point of connection determined by the Superintendent. The Utility shall maintain the lateral from the main to the point inside the curb and where the owner's building sewer is connected.
NATURAL OUTLET
Shall mean any outlet into a watercourse, pond, ditch, lake or any other body of surface or ground water.
NJDEP
Shall mean the New Jersey Department of Environmental Protection.
NPDES
Shall mean the National Pollutant Discharge Elimination System permit program, whether administered by the EPA or by the State of New Jersey.
OWNER
Shall mean the person or persons who legally own, lease or occupy private property with wastewater facilities which discharge or will discharge to the wastewater facilities.
PERSON
Shall mean any individual, firm, company, association, society, partnership, corporation, municipality or other similar organization, agency or group.
pH
Shall mean the logarithm of the reciprocal of the hydrogen ion concentration, expressed in grams per liter, of solution, as determined by standard methods.
PRETREATMENT
Shall mean the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to discharge to the wastewater facilities.
PROPERLY SHREDDED GARBAGE
Shall mean garbage that has been shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in the wastewater sewers, with no particle greater than 1/2 inch in any dimension.
RESIDENTIAL USER (CLASS I)
Shall mean a premises used only for human residency, which does not have any commercial uses and which is connected to the wastewater facilities.
SANITARY WASTEWATER
Shall mean wastewater discharged from the sanitary conveniences of dwellings, office buildings, industrial plants or institutions.
SLUG
Shall mean the discharge of water, sewerage or industrial waste which, in concentration of any constituent or in quantity of flow, exceeds, for any period of duration longer than 15 minutes, more than five times the average twenty-four-hour flow or concentration under normal operating conditions.
STANDARD METHODS
Shall mean the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, Water Pollution Control Federation and American Water Works Association.
STATE
Shall mean the State of New Jersey.
STORM SEWER
Shall mean a sewer for conveying storm, surface and other permitted waters which is not intended to be transported to a treatment facility.
SUPERINTENDENT
Shall mean the person designated by the Board of Commissioners or by the Commissioner of the Department of Public Works, Parks and Public Property to supervise the Water and Sewer Utility.
SURFACE WATER
Shall mean water which occurs when the rate of precipitation exceeds the rate at which water may infiltrate into the soil.
SUSPENDED SOLIDS
Shall mean the total suspended matter that either floats on the surface of, or is in suspension in, water or wastewater as determined by standard methods.
TOXICS
Shall mean any of the pollutants designated by Federal regulations pursuant to Section 307(a)(1) of the Act.
UTILITY
Shall mean the Borough of Cape May Point Water and Sewer Utility.
WASTEWATER
Shall mean a combination of liquid and water-carried wastes from residences, commercial buildings, industries and institutions, together with any groundwater, surface water or stormwater or other infiltration that may be present.
WASTEWATER FACILITY
Shall mean the combination of the wastewater sewers, pumping stations, appurtenances and treatment facilities.
WASTEWATER SEWER
Shall mean the structures, processes, equipment and arrangements necessary to collect and transport wastewaters to the treatment facility.
WASTEWATER TREATMENT FACILITY
Shall mean the structures, processes, equipment and arrangements necessary to treat and discharge wastewater.
WPCF
Shall mean the Water Pollution Control Federation.
b. 
Word Usage. The word "shall" is mandatory: "may" is permissive.
[Amended 5-13-2021 by Ord. No. 04-2021]
The purpose of this Article is to provide for the maximum possible beneficial public use of the wastewater facilities through regulation of sewer construction, sewer use and wastewater discharges; to revise rates to allocate the costs thereof; and to provide procedures for complying with the requirements contained herein.
[Amended 5-13-2021 by Ord. No. 04-2021]
The definitions of terms used in this Article are found in § 146-22. The provisions of this Article shall apply to the discharge of all wastewater to facilities in the Borough. This Article provides for use of the wastewater facilities, regulation of sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment required, sewer construction plans, issuance of wastewater discharge permits, minimum sewer connection standards and conditions, rates to allocate costs of providing wastewater facilities and penalties and other procedures in cases of violation of this Article.
[Amended 5-13-2021 by Ord. No. 04-2021]
Except as otherwise provided herein, the Superintendent of the Water and Sewer Utility or his designee shall administer, implement and enforce the provisions of this Article.
[Amended 5-13-2021 by Ord. No. 04-2021]
Any person found in violation of this Article or of any requirement of a permit issued hereunder may be served with a written notice stating the nature of the violation and providing a reasonable time limit for compliance. Any such notice given shall be in writing and served in person or by registered or certified mail. The notice shall be sent to the last known address of the violator. Where the address is unknown, service may be made upon the owner of record of the property involved. If satisfactory action is not taken in the time allotted by the notice, § 146-27 of this Article shall be implemented.
[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
Violation of Discharge Regulations. Any person who continues to violate the discharge provisions of this Article beyond the time limit provided for in § 146-26 shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. Such person shall also be subject to disconnection from the wastewater facilities. In addition, if a violation causes an extraordinary expense to any operating component of the wastewater facilities, the person causing such violation shall be liable for the full amount of the extraordinary expense, plus any costs incurred by the entity pursuing enforcement of these provisions. If legally permissible, the Borough will transfer any such reimbursement to the person suffering the injury or incurring the expenses. Any person violating any other section of this Article shall likewise be subject, as applicable, to the aforesaid penalties and costs. Each day or portion thereof a violation continues shall constitute a separate violation.
b. 
Violation of Chapter Provisions.
1. 
Unless otherwise stated herein, any person who violates the provision of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
2. 
Unless otherwise provided, each calendar week that a violation continues shall be considered a separate violation.
3. 
In the event a violation causes extraordinary expenses to the operating component of the wastewater facilities, the person causing such violation shall be liable for the full amount of the extraordinary expense related thereto.
[Added 4-11-2024 by Ord. No. 09-2024]
Application for connection to the Borough sewage system shall be made in writing on a form supplied by the Water-Sewer Clerk and signed by the owner of the property for which the connection is being applied for or by his authorized agent. The information required to be provided by the applicant on the application form shall be applicable to all applications, unless specifically exempted therein.
[Amended 5-13-2021 by Ord. No. 04-2021]
All fees and charges payable under the provisions of this Article are due and payable to the Borough upon the receipt of notice of charges; unpaid charges shall become delinquent and shall be subject to penalty and interest charges.
[Amended 5-13-2021 by Ord. No. 04-2021]
In accordance with due process of law, borough personnel or contracted designees bearing proper credentials and identification shall be permitted to enter the property of any residential, commercial or industrial user of the wastewater sewer at any reasonable time for the purpose of inspection, observation, measurement and sampling of the wastewater discharge to ensure that discharge to the wastewater facilities is in accordance with the provisions of this Article.
[Amended 5-13-2021 by Ord. No. 04-2021]
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the wastewater facilities. Any person violating this provision shall, upon conviction, be subject to such penalties as the court, in accordance with law, shall impose. Further, any person violating this provision shall be responsible for the correction and repair of the damages incurred by a wastewater facility.
[Amended 5-13-2021 by Ord. No. 04-2021]
Any person, persons or businesses responsible in part or in whole for an accidental spill into the sewer system, onto public or personal property or into surrounding bodies of water shall immediately report each occurrence to the Superintendent and to the CMCMUA.
[Amended 5-13-2021 by Ord. No. 04-2021]
In the case of an accidental discharge or if for any reason a user does not comply, or will be unable to comply, with any prohibition or limitation in this Article, the user responsible for such discharge shall immediately telephone and notify the Superintendent and the CMCMUA of the incident. The notification shall include location of discharge, type of waste, concentration and volume. Furthermore, such user shall take immediate action to prevent interference with the wastewater treatment process and/or damage to the wastewater facilities. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the wastewater facilities or other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this Article or other applicable law.
[Amended 5-13-2021 by Ord. No. 04-2021]
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 of Cape May Point or in an area under the jurisdiction of said Borough any human or animal excrement, garbage or other objectionable waste.
[Amended 5-13-2021 by Ord. No. 04-2021]
It shall be unlawful to discharge without an NPDES permit to any natural outlet within the Borough of Cape May Point or in any area under its jurisdiction. Wastewater discharges to the wastewater facilities are not authorized unless in accordance with provisions of this Article.
[Amended 5-13-2021 by Ord. No. 04-2021]
Any person requesting connection to the wastewater facilities may only do so through the wastewater sewers owned by the Borough. No person may be permitted to directly discharge into the wastewater facilities owned by the Cape May County Municipal Utilities Authority (CMCMUA) unless prior written consent is received from the CMCMUA.
[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
Connection to Sewers Required. The owner of any house, building or structure or separate residential or commercial unit located on a lot which can be serviced by the Borough sewage collection system which is now in operation or which is constructed in the future in the Borough, shall connect the drainage of all sources of wastewater in his or her house, building or structure to the Borough wastewater sewer. Each dwelling unit shall have a separate connection to the sewer system.
b. 
The Borough shall provide and be responsible for all component parts of the connection from the curb stop to the main, including all labor, materials, excavating, restoration and paving costs. The required connection fee shall be deemed the payment for such installation as is specified in the connection application.
c. 
The Governing Body may, by resolution, exempt any premises from the requirements of connection with a public sewer if it finds that requiring the premises in question to connection would impose an unnecessary hardship upon the owner of the premises, provided that the exemption will not result in the creation of a nuisance or an unhealthy or unsanitary condition. Any exemption granted by the Governing Body shall expire one year from the date that it is granted. Exceptions may be renewed by the Governing Body from year to year.
d. 
Time Limit. Connections shall be made within 90 days after the service of notice as provided in paragraph e hereof.
e. 
Notice to Connect.
1. 
Notice Required. The Governing Body shall give at least 90 days' notice to the owner of property affected before proceeding to award a contract for the making of a connection or causing it to be made by the borough as provided in paragraph f.
2. 
Contents of Notice. A notice given under this section shall contain a description of the property affected sufficient to identify it and a statement that if the connection is not made within 60 days after service of the notice, the borough shall make it or cause it to be made at the owner's expense. No special form of notice shall be required.
3. 
Service of Notice. Notices under this section shall be served as follows:
(a) 
Upon owners resident in the Borough, personally or by leaving the notice at their usual place of residence with some member of the family above the age of 14 years.
(b) 
Upon owners not resident in the Borough, personally or by mailing the notice to the owners' last known post office address or by service upon an occupant of the property or an agent of the owner in charge of the property.
(c) 
Where service cannot be made under paragraph e3(a) or (b), the notice may be served by publishing it once in a newspaper circulating in the Borough. One published notice may relate to several different properties.
(d) 
Owners who are infants or of unsound mind or the beneficiaries of trusts shall be given notice by service upon their guardians or trustees. Where there is more than one owner of the same piece of property, service upon one owner shall be notice to all.
(e) 
Proof of service. Proof of service shall be filed with the Tax Collector of the Borough within 10 days after service is made.
(f) 
Defective notice. Failure to file proof of service, misstatement of the name of the property owner or similar errors or omissions in the giving of notice shall not invalidate any charge imposed for a sewer connection where an actual benefit to the property results.
f. 
Connection by Borough.
1. 
Failure to Connect After Notice. If any property owner fails to make the required connection with the sewer system within 60 days after being served with notice to do so, the Governing Body may cause the connection to be made by awarding one or more contracts to make it.
2. 
Contracts. Contracts for the making of sewer connections shall be awarded in the same manner and after the same advertising as any other municipal contract. In lieu of awarding separate contracts for the making of each connection, the Governing Body may award the contract for the making of all connections which the Borough may desire to have made within a period of one year or less.
g. 
Recovery of Costs.
1. 
Record of Costs. When any sewer connection is made by the Borough or under a contract awarded by the Governing Body, an accurate record of all expenses shall be kept. Where several properties are involved, the expenses shall be apportioned among them. Upon completion of the work, a sworn statement as to the expenses incurred shall be filed by the Municipal Clerk with the Governing Body. The Governing Body shall examine the statement and, if it is properly made, shall confirm it and file it with the Borough Tax Collector. The Tax Collector shall record the sewer connection charge in the same manner in which assessments are recorded.
2. 
Lien; Interest. Every sewer connection charge shall, from the time of its confirmation, be a first lien upon the property affected and shall bear interest and penalties and be collected and enforced in the same manner as assessments for local improvements.
3. 
Installment Payments. The Governing Body may, by resolution, provide for the payment of sewer connection charges in installments. In that event, they shall be payable, bear interest and be collected and enforced in the same manner as assessments for local improvements.
h. 
Abandoned Septic System. Any abandoned septic system must be pumped out and filled in with gravel or soil as outlined in N.J.A.C. 7:9A-12.8A. The Plumbing Subcode Inspector will provide oversight and final site approval. The property owner is responsible to fill the abandoned septic structure.
[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any wastewater sewer or a storm sewer without first obtaining a written permit from the Water-Sewer Clerk or Municipal Clerk.
b. 
For each newly installed four-inch lateral for each dwelling unit connection to the Borough sewage collection line shall be $1,500. The fees for all other size collections connections or greater depth are to be determined by specific site resolution of the Board of Commissioners. The property owner or property owner's agent must obtain the sewer connection permit prior to applying for the formal new home construction permit.
c. 
The owner shall be responsible for the corporation stops of the connection from the curb stops to the main, including all labor, material, excavating, restoration and paving costs. The installer must meet Borough standards.
d. 
It shall be the responsibility of the property owner to remove existing curb traps and air vents. The Water and Sewer Utility may notify property owners who appear to have existing curb traps and air vents. The property owner shall have 30 days from notification to correct the situation without penalty.
[Added 4-11-2024 by Ord. No. 09-2024]
Prior to the approval of any application for connection to the Borough's water/sewer system, completed applications shall be reviewed and approved by the Borough's Superintendent of the Water/Sewer Department. Approval of all submitted applications for connection to the Borough's Water/Sewer system, or required amendments to any submitted applications, shall be in the discretion of the Superintendent of the Water/Sewer Department. The Superintendent of the Borough's Water/Sewer Department shall also have discretion as to the method of supervisory review to be completed pursuant to this section.
[Added 4-11-2024 by Ord. No. 09-2024]
All installation contractors identified on the application form, as required by § 146-28, shall be licensed with the State of New Jersey, and insured in the required amounts set forth on the Borough's application form. Each installation contractor shall also be required to post a performance bond with the Borough of Cape May Point in the amount of $500,000.00 before the issuance of a permit to connect to the Borough’s water/sewer system can be provided.
[Added 4-11-2024 by Ord. No. 09-2024]
In the event that any connection to the Borough's water/sewer system occurs along a county roadway within the boundaries of the Borough of Cape May Point, the applicant, in addition to abiding by all other requirements of this chapter, shall be required to post an inspection fee in the amount of $1,000 per day to the Borough of Cape May Point.
[Amended 5-13-2021 by Ord. No. 04-2021; 10-28-2025 by Ord. No. 10-2025]
a. 
All existing building sanitary sewer lines and any other openings in that building's sanitary sewer system shall be kept sealed.
b. 
Where the existing building sanitary sewer line contains a curb trap or air inlet vents, these (curb trap and air inlet vent) must be removed and the removal void replaced with solid PVC pipe filler, appropriately sealed to code.
c. 
Where terra cotta or transite sanitary sewer pipe exists between the building and the Borough connection (cleanout pipe), these must be replaced in their entirety with PVC pipe with appropriate sealing to code.
d. 
Any modification to an existing building sanitary sewer line inside the Borough connection (cleanout pipe) made pursuant to the provisions of this chapter shall be performed by a New Jersey licensed plumber.
e. 
Any modification to an existing building sanitary sewer line inside the Borough connection (cleanout pipe) shall be installed in such a manner so as to avoid the creation of a hazard or impediment to pedestrian or vehicular traffic on the public right-of-way or a private driveway.
f. 
Joints for Sanitary Sewer Piping. Any modification of the building's sanitary sewer line to implement the requirements of this section requires joints by proper adapter fittings as specified in Section 4.3 of the National Standard Plumbing Code.
g. 
Permits Required. A permit shall be obtained for the inspection, removal or correction of the curb trap/air inlet vent system by the property owner or his agent from the Borough Construction Office. A fee of $35 shall be charged for each permit.
h. 
In the event of demolition or elevation, as defined in Section 146-19.A.1, the provisions of Section 146-19.A must be followed.
[Amended 5-13-2021 by Ord. No. 04-2021; 4-11-2024 by Ord. No. 09-2024]
a. 
No person shall connect roof, foundation, areaway, parking lot, roadway or other surface runoff or groundwater drains to any sewer which is connected to a wastewater treatment facility. In the event that a violation of this section is discovered by the Borough, the offending party shall be subject to a fine of $1,000 per violation.
b. 
All roof, foundation, areaway, parking lot, roadway or other surface runoff or groundwater drains shall discharge to natural outlets or storm sewers.
[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
The connection of a building sewer into a wastewater sewer shall conform to the requirements of the Construction Code and Plumbing Subcode or other applicable requirements of the Borough and/or the NJDEP. The connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved, in writing, by the Plumbing Subcode Official before installation.
b. 
The connection of a surface runoff or groundwater drain to a storm sewer or natural outlet designed to transport surface runoff or groundwater drainage shall conform to the requirements of the applicable Construction Code or other applicable requirements of the Borough.
[Amended 5-13-2021 by Ord. No. 04-2021]
The Borough shall not issue a permit for any connection to the wastewater sewers or wastewater treatment facilities unless there is sufficient capacity, not legally committed to other users, in the wastewater sewers and treatment facilities to convey and adequately treat the quantity of wastewater which the requested connection will add to the system.
[Amended 5-13-2021 by Ord. No. 04-2021; 4-11-2024 by Ord. No. 09-2024]
All discharges of stormwater, surface water, groundwater, roof runoff and subsurface drainage shall be made to storm sewers or natural outlets designed for such discharges. Any connection, drain or arrangement which will permit any such waters to enter any wastewater sewer shall be deemed to be a violation of this section and this Article. In the event that a violation of this section is discovered by the Borough, the offending party shall be subject to a fine of $1,000 per violation.
[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
No person shall discharge, or cause to be discharged, to any of the wastewater facilities any substances, materials, waters or wastes in such quantities or concentrations which will:
1. 
Create a fire or explosion hazard, including but not limited to gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas, including but not limited to any liquid having a flash point lower than two hundred thirty-five degrees Fahrenheit (235° F.), as determined by the Tagliabue closed-cup method.
2. 
Cause corrosive damage or hazard to structures, equipment or personnel of the wastewater facilities, but in no case discharge having a pH lower than five point five (5.5) or greater than nine point zero (9.0).
3. 
Cause obstruction to the flow in sewers or other interference with the operation of wastewater facilities due to accumulation of solid or viscous materials.
4. 
Contain fats, wax or grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between thirty-two degrees and one hundred fifty degrees Fahrenheit (32° and 150° F.).
5. 
Have a temperature higher than one hundred fifty degrees Fahrenheit (150° F.) or sixty-five degrees Celsius (65° C.).
6. 
Contain phenolic compounds over one parts per million, expressed as phenol.
7. 
Contain any radioactive substances.
8. 
Have a biochemical oxygen demand (five-day BOD) in excess of 350 milligrams per liter (mg/l).
9. 
Have a suspended solids content in excess of 300 milligrams per liter or containing suspended solids of such character of specific gravity that unusual attention or expense is required to handle or treat such materials.
10. 
Contain corrosive, toxic, deleterious or poisonous substances in sufficient quantity to cause injury, damage or hazard to personnel, structures or equipment or interfere with the wastewater facilities, including but not limited to any portion of the liquid or solids treatment or handling processes or that which will pass through the treatment facilities in such condition that they will not achieve State, Federal or other existing, pending or future requirements for the effluent discharge, including but not limited to the NPDES permit requirements imposed upon the CMCMUA.
11. 
Cause unusual volume or concentration of wastes being delivered in a slug manner, by which it is meant that the normal (i.e., twenty-four-hour average) concentration of loadings shall not be exceeded by more than a factor of four for any sixty-minute period.
12. 
Have an objectionable color which is not removable in the wastewater treatment facility.
13. 
Be discharged by tank trucks into manholes or appurtenances of the wastewater sewer system, including but not limited to septic tank wastes. These septic tank wastes will, however, be accepted directly at designated CMCMUA wastewater treatment facilities.
14. 
Contain noxious, malodorous gas or substances which are present in quantities that create a public nuisance or a hazard to public health.
15. 
Contain any garbage that has not been properly shredded.
16. 
Contain substances interfering with sludge management any substance which may cause the wastewater treatment facilities sludge to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the CMCMUA is pursuing a reuse and reclamation program. In no case shall a wastewater discharged to the wastewater facilities cause the wastewater treatment facilities to be in noncompliance with sludge use and disposal criteria, guidelines or regulations developed by the NJDEP, the United States Environmental Protection Agency or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or the "New Jersey Guidelines for the Utilization and Disposal of Municipal and Industrial Sludges and Septage."
b. 
If any wastewaters are discharged or are proposed to be discharged to the wastewater facilities, which consist of the substances or possess the characteristics enumerated above or which may be set forth by regulatory agencies now or in the future and which, in the judgment of the Borough and/or the CMCMUA, have a deleterious effect upon the wastewater facilities or constitute a public nuisance, the Borough may:
1. 
Reject the wastes;
2. 
Require pretreatment to an acceptable condition prior to discharge into the wastewater sewer system;
3. 
Require control over the quantities and rate of discharge; and/or
4. 
Take such other action as it may deem appropriate.
[Amended 5-13-2021 by Ord. No. 04-2021]
No person shall discharge or cause to be discharged to any wastewater facilities wastewaters containing substances and/or concentration of substances prohibited in § 146-48 through § 146-50, as indicated herein.
[Amended 5-13-2021 by Ord. No. 04-2021]
Should an industrial discharger (Class III) request connection to the wastewater facilities, the Borough shall:
a. 
Prior to authorizing such discharge, require that sufficient information be provided in order to evaluate the waste material proposed to be discharged to ascertain compliance with §§ 146-48 through 146-50of this Article.
b. 
If, in the opinion of the Borough and the CMCMUA, the waste is not in compliance with the requirements of §§ 146-48 through 146-50, the potential discharger will be required to provide adequate pretreatment facilities for the wastes in order to bring the material proposed for discharge into the wastewater facilities into full compliance, or the industrial discharger will be denied access to the wastewater facilities.
[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
If the Borough and/or the CMCMUA has reason to believe that any discharger is in violation of §§ 146-48 through 146-50, one or both of the following actions may be taken:
1. 
It may request additional information in an effort to evaluate the quality and quantity of the material discharges.
2. 
It may monitor the wastewater.
b. 
If the discharger is found to be in violation of §§ 146-48 through 146-50, the Borough shall require the installation of pretreatment facilities within a specified time to be determined by the Borough and/or the CMCMUA. If such facilities are not constructed and delivering a waste in compliance with the provisions of this Article within the specified time, the Borough may disconnect the discharge from the wastewater facilities according to provisions set forth in §§ 146-23 through 146-33.
c. 
The requirements of this section shall be applicable to all industrial discharges in existence prior to and after the adoption of this Article.
[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
Measurements, tests and analyses of the characteristics of wastewater to which reference is made in this Article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, or such alternate methods approved by the Borough in compliance with State and Federal law. Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis, subject to approval by the Borough and the CMCMUA. The discharger shall have the option to use, at his own expense, more complete sampling methods, locations, times and frequencies than specified by the Borough and the CMCMUA.
b. 
Measurements, tests and analyses of the characteristics of wastewater required by this Article shall be performed by a laboratory certified by the State of New Jersey.
c. 
When required by the Borough, the user shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastewater. Such manhole or other appurtenances, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Borough. The manhole shall be installed by the user at his expense and shall be maintained by him so as to be safe and accessible at all times.
[Amended 5-13-2021 by Ord. No. 04-2021]
Nothing in §§ 146-51 through 146-57 shall be construed as preventing any special agreement or arrangement between the Borough and any user of the wastewater facilities whereby wastewater of unusual BOD or suspended solids strength is accepted into the system, subject to any surcharge payments or user charges as may be applicable; provided, however, that such acceptance does not cause a violation of the NPDES discharge permit requirements for the wastewater treatment facility. The surcharge rates shall be in conformance with the then prevailing rates developed by the CMCMUA.
[Amended 5-13-2021 by Ord. No. 04-2021]
If the drainage or discharge from any person/owner causes a deposit, obstruction or damage to any of the wastewater facilities located within the Borough, the Borough or the CMCMUA, depending upon which of those entities has operating responsibility for the obstructed section of the wastewater facility, shall cause the deposit or obstruction to be promptly removed or shall cause the damage to be promptly repaired. The cost for such work, including materials, labor, supervision, permits and engineering and legal fees, shall be borne by the person/owner causing such deposit, obstruction or damage.
[Amended 5-13-2021 by Ord. No. 04-2021]
The Borough and the CMCMUA shall implement reasonable measures to ensure the confidentiality of the information provided by a Class III discharger, if so requested by the owner, in writing.
[Amended 5-13-2021 by Ord. No. 04-2021; 4-11-2024 by Ord. No. 09-2024]
a. 
Each dwelling unit shall be charged for direct or indirect connections or use of the Borough sewer system at the rate of $114 quarterly per equivalent dwelling unit.
b. 
For the purpose of paragraph a hereof, equivalent dwelling units shall be charged in accordance with the following schedule:[1]
Type of User
Number of Equivalent Dwelling Units
Single-family residence
1
Apartments or multifamily dwelling units (per unit)
1
Rooming house
2
Restaurant
2
Store
1
Office
1
Other business use
1
Large institutional rooming house on 1 1/2-inch meter
9
Large institutional rooming house on 2-inch meter
35
Park
15
[1]
Note: This chart shall also be applicable to water rates that are charged, as set forth in Article II of this Chapter 146 of the Borough of Cape May Point Municipal Code.
c. 
Excess Sewage Usage Charge. Sewage Usage Charges will consist of a "minimum sewer rate" of 6,500 gallons of water allowance per quarter. Beginning in the first quarter of 2022, in addition to the minimum sewer rate as set forth above, a charge will be made for each gallon of water use in excess of the minimum allowable usage of 6,500 gallons per quarter at the rate of $5.05 per 1,000 gallons or a fraction thereof used for all customers. Beginning on January 1, 2025, and reoccurring annually thereafter, the excess sewage usage charge shall increase by 2% per year in order to offset increased costs to the Borough.
d. 
Payment of Sewer Bills. Sewer user services charges furnished by the Water/Sewer Utility shall be sent out quarterly and shall be due and owing in full within 30 days of the mailing date thereof. Any sewer usage bill which is not paid in full within this 30 day period shall thereafter bear interest on the total amount owed on the account of 18% per annum. In the event that any account, including interest thereon, is not paid in full within one year from the date of the bill for the past due amount shall result in a municipal lien being placed against the property. The imposition of any such municipal lien shall be in addition to any other remedies the Borough shall have to collect the full amount, including interest, of the monies owed it for sewage usage charges.
e. 
Unpaid Arrearages. Unpaid arrearages carried past December 31 into the following year, will receive a flat rate surcharge of $25 per equivalent dwelling unit, in addition to the monthly penalty defined in § 146-59d.
f. 
Sewage Service Annual Percentage Increase. On the first of January beginning in 2025 and reoccurring annually thereafter, the minimum sewage usage charge for residential, commercial and industrial customers shall increase by 2% per year in order for the Borough to offset increased costs to the Borough.