There is hereby established a Water and Sewer Utility Department within the Borough of Harvey Cedars for the operation of water and sewer services and the charging of rates and establishing rules and regulations governing the providing of water and sewer service in the Borough of Harvey Cedars.
[Ord. No. 2009-09]
COMMERCIAL USER
Shall include, but not be limited to, the following: motel, hotel, rooming house, lodging house, restaurant, tavern, soda fountain, governmental unit or agency, professional office, marina, boat yard, school, house of worship, or other nonprofit organization, hospital, nursing home, rest or convalescent home, and Laundromat.
FAMILY OR DWELLING UNIT
A detached residence designed for or occupied by one family only, or in the case of a commercial structure, designed for or occupied by one commercial establishment. In the event a structure contains more than one single housekeeping unit or commercial establishment, the rates herein provided shall be determined by multiplying the number of such units by the minimum or base rate.
MAJOR RENOVATION
Any repair, reconstruction, rehabilitation addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the assessed value of the structure either before the improvement is started or if the structure has been damaged and is being restored before the damage occurred. Substantial improvement is commenced when the first alteration of any structural part of the building is begun.
Prior to any connection of any property to the borough water system, there shall be paid a water connection fee of $700 payable to the borough at the time of application. All water taps made and services installed must be metered.
[Ord. No. 2016-18]
Each residential and commercial service within the borough shall have installed by the Public Works Department a water meter. The cost of the water meter shall be charged to the property owner in accordance with the size of the water service at the property as follows:
¾ inch line
$275
1 inch line
$375
1 ½” line
$675
2 inches line
$2,500
Meters may be purchased and installed by the property owner in accordance with and authority of the Public Works Department and its policies and procedures.
Each residential and commercial service shall have a meter pit installed in the borough right-of-way or easement at the property owner’s expense.
If a property has a meter pit which is not located as required above and is in good condition, the property may use the pit as located, but shall relocate the meter in conformance with this ordinance upon sale of the property.
If the property owner fails to comply with the installation or repair of their water meter pit, it shall be the duty of the Department of Public Works to arrange for installation or repair of said meter pit, which may include the hiring of an outside contractor at prevailing wage. All costs incurred for said services and materials shall be charged to the homeowner and shall be collected and enforced by the Borough according to law.
In addition to the abovementioned costs, an administrative fee of $500 shall be charged to the homeowner and shall be collected and enforced according to law.
[Ord. No. 2016-18; Ord. No. 2020-04; Ord. No. 2020-14; Ord. No. 2022-06; amended 6-19-2023 by Ord. No. 2023-10]
a. 
Residential and Commercial Customers. All residential, commercial, industrial, institutional and governmental users shall be charged a base rate per dwelling unit and on gallons used. The maximum dwelling units per property shall be fixed at three.
1. 
Quarterly base rate of $95 per dwelling unit
2. 
Rate schedule (based on gallons used per meter):
Gallons Used
Rate Per 1,000 Gallons
0 – 14,000
$1.70
14,001 – 25,000
$1.85
25,001 – 50,000
$3.35
50,001 – 150,000
$4.80
150,001 – 300,000
$6.90
Over 300,000
$8
b. 
Service Charges.
1. 
A service charge of $50 shall be made each time the water is turned on, and a like charge when the water is turned off for nonpayment of bills, carelessness, leaks, or to repair a meter box or curb stop.
2. 
In the event the Public Works Department is called upon to turn off or turn on water service to any property after 3:30 p.m. and prior to 7:00 a.m. between Monday through Friday, or on Saturday, Sunday or holiday, there shall be a service charge of $200.
3. 
Final meter readings for property resale, or any other purpose, shall be processed in a timely manner at no charge. After the initial final read, any repeated requests for the same property shall have a service charge of $50 per request included in the final read bill.
4. 
A service charge of $50 shall be applied to any cut and cap, or disconnection of water service prior to demolition, or for any other purpose. The water connection will be locked by the Department of Public Works until a reconnect is requested. Reconnects will be done at no additional charge.
5. 
Requests for bulk water purchase from the Borough for commercial or other reasons shall be billed a flat service fee of $250 plus the water charge based on gallons used per the rate schedule in paragraph a of this section. Bulk purchases are prohibited in the months of June, July and August.
a. 
Frozen Pipes. Any property owner, tenant or other person in charge of any property who permits water pipes to freeze and thereby causes a loss of water shall be liable to the borough for all loss of water at the rates fixed by this section.
b. 
Curb Boxes, Meters and Meter Pits. All curb boxes, meters and meter pits are and shall remain the property of the borough and shall not be tampered with. It is the property owner’s responsibility to keep meter pits and curb boxes in good condition and up to grade. The property owner shall be charged for all expenses incurred by the borough for any repair.
c. 
Tampering. No person, other than an employee or agent of the Borough of Harvey Cedars Water and Sewer Utility Department, shall remove, replace or, in any manner, interfere or tamper with a meter attached to a water pipe used or intended to be used to supply water. Any plumbing configuration intended to bypass the meter is prohibited and shall be considered theft of service, as well as a violation of this section.
No municipal water shall be used for the pumping of piling or other construction except when circumstances would render the installation of piling impossible and in that event, the property owner may apply to the board of commissioners or its designee for relief from this prohibition. Any relief granted hereunder shall be at the sole discretion of the board of commissioners or its designee and shall be metered and billed per gallon usage as per the water rate schedule set hereinabove.
[Ord. No. 2009-09]
Each person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 3, § 3-9.
It is determined by this governing body that it is in the best interest of the borough to become part of the district of the Ocean County Sewerage Authority established pursuant to the provisions of Chapter 14A of Title 40 of the New Jersey Statutes as an aid in obtaining relief from pollution or threatened pollution of waters in or bordering the State of New Jersey from causes arising within the County of Ocean and consequent conditions affecting the public health.
A certified copy of this section together with a certified copy of a resolution of Ocean County Sewerage Authority approving this section, shall be filed in the office of the Secretary of State.
Pursuant to the Sewerage Authorities Laws, constituting Chapter 138 of the Pamphlet Laws of 1946, of the State of New Jersey, approved April 23, 1946, the Authority was created by virtue of a resolution duly adopted by the board of Chosen Freeholders of the County of Ocean, and is a public body politic and corporate of the State of New Jersey, organized and existing under the law, established as an instrumentality exercising public and essential governmental functions to provide for the public health and welfare, with all necessary or proper powers to acquire, construct, maintain, operate and use sewerage facilities for the relief of the waters in, bordering or entering the district (as defined in the agreement) from pollution or threatened pollution and for improvement of conditions affecting the public health.
The authority is ready to design, finance, construct, maintain, operate and use sewerage facilities for the relief of the waters in, bordering or entering the district as defined in the agreement, from pollution or threatened pollution and for improvement of conditions affecting the public health; and put in operation a regional sewerage system; and pursuant to said Chapter 138, an agreement and supplement thereto with the authority for the disposal of sewage from the borough have been submitted to the borough and it appears after due consideration that it is in the best interest of the borough to enter into an agreement and supplement thereto as approved by the borough attorney.
That the borough has ascertained and does hereby determine that it is situate within the district as defined in the agreement of the Ocean County Sewerage Authority, that it can advantageously use the regional sewerage system of the authority, and that it will be economical and in other respects advantageous to it to have waste water, sewage and other wastes treated and disposed of by the Ocean County Sewerage Authority on and pursuant to the terms of an agreement about to be executed between the borough and the Ocean County Sewerage Authority and any supplements or amendments thereto.
That the borough shall enter into an agreement and any supplements or amendments thereto in a form approved by the borough attorney under the corporate seal of the borough which shall be affixed and attested by the borough clerk, and to deliver same.
Unless the context specifically indicates otherwise, the meaning of the terms used in this section shall be as follows:
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in milligrams per liter by weight.
COMBINED SEWER
A sewer in which both surface runoff and sewage are received.
GARBAGE
Solid wastes from the preparation, cooking and disposing of foods and from the handling, storage and sale of produce.
INDUSTRIAL COST RECOVERY
The recovery from the industrial users of the treatment works, of the grant amount allocable to the treatment of waste from such users as defined in the Federal regulations.
INDUSTRIAL WASTES
The liquid wastes from industrial and laboratory processes as distinct from sanitary sewage.
INFILTRATION
The water entering the sewer system from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.
INFLOW
The water discharged into the sewer system from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, surface drains, manhole covers, storm sewers or catch basins.
OCEAN COUNTY SEWERAGE AUTHORITY
The sewerage authority created, pursuant to N.J.R.S. 40:14A-1 et seq., of the revised statutes of the State of New Jersey, to provide sewage collection and treatment service to the municipalities of the County of Ocean.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution, and indicates the degree of acidity or alkalinity of a substance.
PRIVATE SEWAGE DISPOSAL SYSTEM
As herein referred to, any septic tanks, cesspools, sewage disposal devices or subsurface drainage system.
PUBLIC SEWER
A sanitary sewer in which all owners of abutting properties have equal right and which is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and in which storm, surface and ground waters are not permitted.
SEWAGE
A combination of the water carried wastes from any buildings or structures.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SLUG
Any discharge of water, sewage or industrial waste which in concentration of any given 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 concentration during normal operation.
STORM SEWER or STORM DRAIN
A sewer which carries storm and surface waters and drainage.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
USER CHARGE
The charge levied on users of the treatment works for the cost of operation and maintenance (including replacements) of such works as defined in the Federal regulations.
WATERCOURSE
A channel in which a flow of water occurs, either continually or intermittently.
The purposes of this section are as follows:
a. 
To establish control and restrictions upon the use of public sewers as set forth in Subsection 7-5.3.
b. 
To impose a user charge on all domestic, commercial, industrial, institutional and governmental users of the sewer system of the borough which sewage, contributed to and flowing therein, is conveyed and treated by the aforementioned OCSA, as set forth in Subsection 7-5.4.
a. 
No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, swimming pool or pond water, cooling water or unpolluted industrial process waters to any sanitary sewer. All new sewer extensions or connections shall be properly designed and constructed in order to avoid the creation of infiltration and inflow sources within the sanitary sewer system.
b. 
Except as hereinafter provided, or limited, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
1. 
Any liquid or vapor having a temperature higher than 150º F. or 65º C.
2. 
Any garbage that has not been properly shredded.
3. 
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 interferences with the proper operation of the sewage works.
4. 
Mineral acidity, pH not less than 5.5.
5. 
Caustic alkalinity, pH not greater than 9.5.
6. 
Must not contain any explosive or flammable substance and no gases or vapors, either free or occluded in concentration, toxic or dangerous to humans, animals or aquatic life in streams or to the sewer system.
7. 
No excessive amount of grease or oil, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32º Fahrenheit and 150º Fahrenheit.
8. 
Insoluble substances shall not exceed a daily average of 225 mb/1 (milligrams per liter).
9. 
Chlorine demand shall not exceed an average greater than 20 parts per million.
10. 
Five-day biochemical oxygen demand (BOD) shall not exceed a daily average greater than 250 mg/l (milligrams per liter).
11. 
Wastes shall not contain sulfides exceeding two parts per million.
12. 
Wastes must not contain any toxic or irritating substances which will create conditions hazardous to public health and safety.
13. 
Wastes must contain no poisons in sufficient quantities to endanger man or interfere with biological processes.
14. 
Wastes must not contain phenols and/or orthocreosols in excess of 0.01 parts per million.
15. 
Wastes must not contain any noxious or malodorous gas or substance which either singularly or through interaction with other wastes or substances found in wastewater treatment processes are capable of creating a public nuisance, hazard to life, or preventing entry into any portion of the system for operational duties, maintenance, or repair.
16. 
Wastes must not contain gasoline, naphtha, petroleum products or any substance which may create an explosion hazard in the system or which, in any way may be injurious to personnel or the system.
17. 
Wastes must not contain oils, fats or grease, except as may result from household, hotel or restaurant operation.
18. 
Milk, brewery or distillery waste in any form shall be prohibited.
19. 
Wastes are prohibited which contain any radioactive substances or isotopes.
20. 
Wastes are prohibited which contain or cause excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). Color shall be considered excessive when visible following 1:1 dilution with domestic sewage.
21. 
Unusual volumes of flow or concentration of wastes, constituting slugs as defined herein, are prohibited.
22. 
Materials or liquids removed from septic tanks or cesspools are prohibited. Such wastes, however, will be accepted directly at the OCSA wastewater treatment facilities at charges and during times prescribed by the OCSA.
23. 
Total nitrogen, composed of organic nitrogen and ammonia nitrogen shall not exceed 40 mg/l (milligrams per liter). Ammonia nitrogen concentrations shall not exceed 25 mg/l (milligrams per liter).
24. 
Following discharge to the public sewer, any waste which results in the presence of residual chlorine in the public sewer is prohibited.
25. 
Any liquid having a flash point lower than 235º Fahrenheit as determined by the Tagliabue (Tag.) closed cup method.
26. 
Waters or wastes are prohibited which contain substances which are not compatible to treatment or reduction by the sewage treatment process employed or are compatible to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
27. 
And in addition, any waste or substance shall be prohibited which shall cause or result in:
(a) 
Chemical reaction, either directly or indirectly, with the materials of construction, to impair the strength or durability of any sewer structure.
(b) 
Mechanical action that will destroy or damage the sewer structure.
(c) 
Restriction of hydraulic capacity of sewer structures.
(d) 
Restriction of normal inspection or maintenance of sewer structure.
(e) 
Danger to public health and safety.
(f) 
Obnoxious conditions inimical to the public interest.
c. 
The admission into the public sewers of any waters or wastes containing any quantity of substances having the characteristics described in Subsections 7-5.1 and 7-5.2 shall be prohibited unless approved by the borough and the OCSA. Where necessary, the owner shall provide at his expense such preliminary treatment as may be necessary, as determined by the borough and the OCSA, to reduce the quality of such wastes to these limits. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the borough, the OCSA, and of the Department of Environmental Protection of the State of New Jersey, and no construction of such facilities shall be commenced until the approvals are obtained in writing.
d. 
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
e. 
No statement contained in this subsection shall be construed as preventing any special agreement or arrangement between the borough, the OCSA, and any person whereby a waste with high BOD or suspended solids values, or a high chlorine demand may be accepted by the borough and the OCSA for collection and treatment, subject to payment therefore by such person.
[Ord. No. 2009-09; Ord. No. 2022-06; amended 6-19-2023 by Ord. No. 2023-10]
a. 
Residential and Commercial Customers. All residential, commercial, industrial, institutional and governmental users shall be charged a base rate per dwelling unit and on gallons used.
1. 
Quarterly base rate of $85 per dwelling unit.
2. 
Rate schedule (based on gallons used per meter):
Single Unit
$1.90 per thousand gallons over 50,000 gallons
Duplex
$1.90 per thousand gallons over 100,000 gallons
Triplex
$1.90 per thousand gallons over 150,000 gallons
Quad
$1.90 per thousand gallons over 200,000 gallons
b. 
Connection Fee. Prior to any connection of any property to the borough sewer system, there shall be paid a sewer connection fee of $100 for new connections to the sanitary sewerage system payable to the borough at the time of application.
Each person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 3, § 3-9.
The Ocean County Sewerage Authority is now constructing and establishing and has constructed and established, for the residents of the Borough of Harvey Cedars, a comprehensive wastewater treatment to service the residents of the Borough of Harvey Cedars.
The Borough of Harvey Cedars has constructed and established a comprehensive wastewater collection system throughout the Borough of Harvey Cedars, which is connected with the Ocean County Sewerage Authority’s interceptor lines designed in order to prevent pollution of waters in and around the Borough of Harvey Cedars.
The Board of Commissioners deems it advisable and necessary that all buildings located on streets in which a sewer is constructed or to be constructed hereafter be connected with the borough’s sewerage system.
As used in this section:
BUILDING
Any structure erected or fixed upon or in the soil or designed as permanent use in the position in which it is so fixed, provided the purpose of use is that of habitation, trade, retail and commercial establishments, religion or education, or any building or structure owned or used by the United States Government and the State of New Jersey.
SEWER
Any sewer or main designed or used for collection or disposal of sanitary sewerage and located in any public street within the borough.
All buildings located on streets within the borough in which sewers are now or shall be constructed by the Ocean County Sewerage Authority in the Borough of Harvey Cedars shall be required to be connected with the sewerage system constructed and being constructed and established by the Ocean County Sewerage Authority and the Borough of Harvey Cedars within the Borough of Harvey Cedars when the same shall have been completed and placed in operation and such connection can be lawfully made pursuant to Chapter 63, Title 40 of the New Jersey Revised Statutes.
The connections shall be made in the manner and under the conditions provided in regulations and ordinances adopted by the Ocean County Sewerage Authority and the board of commissioners of the borough, respectively.
Notice is hereby given to the owners of all properties effected thereby to have such building connected with the borough’s waste-water collection system within 10 months when same shall have been completed and placed in operation by the approval of the Ocean County Sewerage Authority.
Notice is also hereby given to the owners of all properties affected thereby to have their existing cesspool or septic tank filled and closed within 10 months from the date their building is connected with the borough’s wastewater collection system in a manner and under the conditions as provided by the board of commissioners of the borough, their inspector, or duly authorized agent.
The board of commissioners of the borough is hereby empowered to carry out the mandate of this ordinance for and on behalf of the Ocean County Sewerage Authority pursuant to Ordinance No. 77-2, shown as § 7-5 of this chapter.
Any person violating any of the provisions of this section shall be subject, upon conviction, to the penalties stated in Chapter 3, § 3-9.
Each house must have a separate sewer service pipe from the dwelling to the sewer collection system.
The pipe to be used for all sewer service shall be one of the following:
a. 
PVC Sewer Pipe. All pipe shall be best quality unplasticized polyvinyl chloride (PVC) sewer pipe, with joints providing flexibility and watertightness under service conditions. Pipe shall be in accordance with ASTM Specification D3034-73, and shall meet the requirements for extra strength minimum of SDR-35 section of the above noted ASTM Specifications. Lengths of pipe shall not exceed 12 1/2 feet. Joints shall be of the bell- and-spigot type with rubber ring seal. The bell shall consist of an integral wall section with a solid cross-section rubber ring, and ring groove so designed to prevent ring displacement. All jointing shall be in accordance with the manufacturer’s recommendations.
Connections to building drains shall be made utilizing approved adapters, if required.
b. 
Cast-iron Sewer Pipe. All cast-iron sewer pipe shall be extra-heavy soil pipe meeting the specifications of the Cast Iron Soil Pipe Institute. All pipe shall be furnished in nominal five-foot lengths. All extra-heavy cast-iron soil pipe and fittings shall receive a foundry coal tar dip on both interior and exterior surfaces. Joints shall be of the compression rubber gasket type. All jointing shall be in accordance with the manufacturer’s recommendations.
Connections to building drains shall be made utilizing approved adapters, if required. Connections to existing PVC building sewers installed to within 10 feet of the property line shall be made utilizing approved adapters.
After the pipes are laid and properly caulked or connected, backfills shall be made and carefully tamped to grade. Before the pipe is connected, the same shall be approved by the borough inspector or duly authorized agent.
The depth of the sewer service shall be a minimum of 26 inches below grade line.
Each person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 3, § 3-9.
The usage of water for the sprinkling of lawns and gardens during the peak season of June 1st through September 30 will be restricted as follows:
a. 
Wednesday, Friday, Sunday – Odd numbered house addresses.
b. 
Tuesday, Thursday, Saturday – Even numbered house addresses.
c. 
No watering on Mondays.
d. 
Hours 6:00 a.m. – 9:00 a.m., 7:00 p.m. – 10:00 p.m.
e. 
The laying of sod from June 1 through August 31 is prohibited.
f. 
All hoses shall be used with nozzles.
g. 
All automatic irrigation and sprinkler systems shall be equipped with rain sensors.
h. 
The use of potable water bubbler systems for the prevention of freezing of water near pilings, bulkheads and docks is prohibited.
Any person violating any part of this section shall be subject to a fine not exceeding $500.
[Ord. No. 2009-09; Ord. No. 2010-11]
a. 
Meter readings shall be completed on a quarterly basis for billing purposes.
b. 
Water and sewer utility bills shall be sent by the borough on a quarterly basis for each year in March, June, September and December.
c. 
Payments are due by the 25th of the month on which the bill is sent out. Grace periods and interest rates shall be established by resolution each year.
No interest or penalties shall be charged on delinquent water and sewer utility accounts for governmental entities, including federal, state and local political subdivision accounts, including county government accounts, Board of Education accounts and local government accounts.
d. 
Billing for multi-family/use units with separate owners sharing a single meter shall be calculated according to the rate schedules hereinabove, divided by the number of said units equally, and sent to each owner.
e. 
All service and miscellaneous charges shall be due 30 days from the billing date.