Township of Lacey, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Lacey 7-3-1974 as Ch. 132 of the 1974 Code. (This legislation was originally enacted 4-4-1973.) Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 55.
Municipal Utilities Authority — See Ch. 73.
Sewage disposal systems — See Ch. 400.
Water supply and sewerage facilities — See Ch. 412.
[Amended 5-2-2005 by Ord. No. 2005-1]
A. 
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter 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.
BUILDING
Any building or structure heretofore or hereafter constructed, designed or used for use or occupancy by persons, be it temporary or permanent.
(1) 
Where used with respect to a building constructed prior to the date of initial operation of any sewer available to service said building, the 90th day next ensuing the date of initial operation of such sewer as part of the sewage treatment or collection systems owned or operated by the Lacey Municipal Utilities Authority.
(2) 
When used with respect to a building constructed subsequent to the date of such initial operation, the 90th day next ensuing the date of completion of construction or date of occupancy of such building, whichever date shall first occur.
SEWER
Any sewer or main designed or used for collection or disposal of sanitary sewage or wastewater and located in any public street in the township.
B. 
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
Waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Any physical or nonphysical connection that discharges domestic sewage, noncontact cooling water, process wastewater or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Township of Lacey, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
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)
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 Township of Lacey or other public body and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
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.
NONCONTACT COOLING WATER
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. Noncontact cooling water may, however, contain algaecides or biocides to control fouling of equipment such as heat exchangers and/or corrosion inhibitors.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
PROCESS WASTEWATER
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, byproduct or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than noncontact cooling water.
STORMWATER
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.
[Amended 4-5-1978]
A. 
The owner of any building adjoining any public street in the Township of Lacey in which a sewer is now or may hereafter be constructed shall connect such building and all sanitary facilities therein to said sewer, except as provided for in Subsections B, D and G of this section.
B. 
Buildings set back in excess of 200 feet from the center line of an existing street upon which the property fronts or abuts shall not be required to connect to the sewer line, provided that the existing septic disposal system is functioning properly and without creating a nuisance or a health hazard.
C. 
On lots where there are two buildings, each building shall be separately connected to the sewer line with its own lateral. Y-braces for the purpose of connecting one or more buildings on the same lot to the sewer line shall not be permitted.
D. 
Existing buildings used and occupied as single-family dwellings, which are below the level of the sewer line and for which a pitch of 1/4 inch to one foot to the sewer line cannot be obtained, shall not be required to connect to the sewer line, provided that the existing septic disposal system is functioning properly and not creating a nuisance or a health hazard.
E. 
All new buildings adjoining any public street in the Township of Lacey in which a sewer is now or may hereafter be constructed shall be required to connect to the sewer line regardless of the distance between the building and the sewer line.
F. 
When connection to the sewer line is completed, existing metal septic tanks and cesspools shall be pumped out and be filled with clean earth or sand; however, septic tanks and leaching tanks constructed of concrete shall be exempted from this requirement.
G. 
Appeals for other hardship exemptions may be made in writing to the Board of Health and shall be supported by engineering and/or technical data. After a review of the appeal request, the Board of Health shall conduct a public hearing on the matter and render a decision to grant or deny the request for an exemption.
[Amended 7-18-1978]
Every connection required by this chapter shall be made in accordance with the ordinances of the Lacey Township Board of Health, as well as the rules and regulations of the Lacey Municipal Utilities Authority and the State Uniform Construction Code. All soil pipes shall not be less than four inches in diameter, and every connection required by this chapter shall be made in a manner so as to discharge into said sewer all sanitary sewage or waste originating in the building and, in all other respects, shall be as required by the ordinances of the Lacey Township Board of Health, the rules and regulations of the Lacey Municipal Utilities Authority and the State Uniform Construction Code.
Upon the availability of any sewer to serve buildings on any property in the township, each owner of property affected thereby shall be notified of that fact by the Board of Health of the Township of Lacey and shall be directed in said notice to connect each building on said property with said sewer in accordance with the terms of this chapter.
All notices shall be addressed to the owners of said property as the names of said owners appear in the last tax duplicate of the Township of Lacey; shall describe the property by lot and block designation as the same appears on the Tax Map of the Township of Lacey, and by the street address if a street address exists; and shall state that, by order of the Department of Health of the Township of Lacey, the owner is required to connect each building on said property with a sewer in accordance with the terms of this chapter on or before the connection date with respect to such building, or if such connection date shall have passed, within 30 days of service of such notice as hereinafter provided, and said notice shall also describe the penalty which may be imposed hereunder for failure to comply with said notice and order in accordance with the terms of this chapter. Said notice may be served on the owner personally or by leaving it at his usual place of abode with a member of his family above the age of 18 years. Said notice may also be served within or without the limits of the Township of Lacey by mailing the same by certified mail to the last known post office address of said owner as the same appears on the last tax duplicate of the Township of Lacey.
Any person who shall not comply with any order issued in accordance with the provisions hereof within 30 days of notice hereof by proper officer of the Board of Health of the Township of Lacey as hereinabove described shall, upon complaint filed by said officer in the Municipal Court having jurisdiction, or upon complaint by any other officer, and upon conviction for the same, be subject to the following penalties:
A. 
A fine of $25.
B. 
An additional fine of $10 for each day of delay after the expiration of the 30 days for which a violation of such order or notice shall continue, as prescribed in N.J.S.A. 26:3-31d.
In addition to the penalties hereinabove provided, if the owner of any property in the Township of Lacey shall fail or refuse to make any connection or installation required by this chapter within the time or times herein provided, the Board of Health of the Township of Lacey may proceed to make such connection or installation or cause the same to be made and charge and assess the cost thereof against such property in the same manner as ad valorem taxes are assessed.
[Added 12-18-1980 by Ord. No. 31-80]
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, sump pump discharge, uncontaminated cooling water or unpolluted industrial process waters to any public sanitary sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet.
[Amended 5-2-2005 by Ord. No. 2005-1]
C. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas; or any liquid, solid or gas, which, by interaction with other substances, may cause fire or explosion.
(2) 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two milligrams per liter as CN in the wastes as discharged to the public sewer.
(3) 
Any waters or wastes having a pH lower than five point five (5.5) or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
(4) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metals, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(5) 
Any septic tank waste into manholes of the system without written consent of the Lacey Municipal Utilities Authority.
D. 
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Authority that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. Any person who proposes to discharge any of the following described substances, materials, waters or wastes into the sewers shall first contact the Lacey Municipal Utilities Authority and obtain their approval for the same. In forming its opinion as to the acceptability of these wastes, the Lacey Municipal Utilities Authority shall give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:
(1) 
Liquid or vapor.
(a) 
Any liquid or vapor having a temperature higher than 150º F. (65º C.).
(b) 
Any liquid or vapor having a flash point lower than 235º F., as determined by the Tagliabur (Tag) closed cup method.
(2) 
Any soluble oils or any water or waste containing fats, wax, 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 (32º and 150º F.) [zero degrees and sixty-five degrees centigrade (0º and 65º C.)].
(3) 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horse power or greater shall be subject to the review and approval of the Authority.
(4) 
Any waters or wastes containing strong acid, iron, pickling wastes or concentrated plating solutions, whether neutralized or not.
(5) 
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Lacey Municipal Utilities Authority for such materials.
(6) 
Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Authority as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
(7) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Authority in compliance with applicable state or federal regulations.
(8) 
Any waters or wastes having a pH in excess of nine point zero (9.0).
(9) 
Materials which exert or cause:
(a) 
Unusual concentrations of inert suspended solids, such as but not limited to fuller's earth, lime slurries and lime residues, or of dissolved solids, such as but not limited to sodium chloride and sodium sulfate.
(b) 
Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions.
(c) 
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities which, in the opinion of the Lacey Municipal Utilities Authority, constitute a significant load on the sewage treatment works.
(d) 
Unusual volume of flow or concentration of wastes constituting slugs, as defined herein.
(10) 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable 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.
E. 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated above and which, in the judgment of the Lacey Municipal Utilities Authority, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life, public health or safety or constitute a public nuisance, the Lacey Municipal Utilities Authority may:
(1) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) 
Require control over the quantities and rates of discharge; and/or
(4) 
Require payment to cover the added cost of handling and treating the wastes.
If the Authority permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Lacey Municipal Utilities Authority and the Ocean County Utilities Authority and subject to the requirements of all applicable codes, ordinances and laws.
F. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Lacey Municipal Utilities Authority, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Lacey Municipal Utilities Authority and shall be located so as to be readily and easily accessible for cleaning and inspection.
G. 
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
H. 
When required by the Lacey Municipal Utilities Authority, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control structure, together with such necessary meters and other appurtenances in the building sewer as shall, in the opinion of the Lacey Municipal Utilities Authority, facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Lacey Municipal Utilities Authority. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible to authorized personnel at all times.
I. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter 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, and shall be determined at the control structure provided or upon suitable samples taken at said control structure. In the event that no special structure has been required, the control structure shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.
J. 
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Lacey Municipal Utilities Authority and any owner of property upon application made and a finding by the Lacey Municipal Utilities Authority that such special agreement or arrangement would be in the best interest of the township.
[Added 12-18-1980 by Ord. No. 31-80]
A. 
No person shall connect or allow to be connected into any part of the sewer system located with the Township of Lacey any drain or drain leader or gutter designed to collect precipitation, ground- or surface waters.
B. 
No person shall connect or allow to be connected into the sewer system in the Township of Lacey any residence, commercial buildings, institutions, factories or industrial establishments without first obtaining a permit therefor from the Lacey Municipal Utilities Authority and payment of the required fee to the Lacey Municipal Utilities Authority.
[Added 12-18-1980 by Ord. No. 31-80]
Applications for connection to the sewer system shall be made to the Lacey Municipal Utilities Authority of the Township of Lacey on forms provided by the Lacey Municipal Utilities Authority. The connection fee as set forth in the user charge system shall accompany the application.
[Added 12-18-1980 by Ord. No. 31-80]
A. 
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 Township of Lacey or in any area under the jurisdiction of the township any human or animal excrement, garbage or other objectionable waste without the approval of the Township Committee, Lacey Township Board of Health and the Lacey Municipal Utilities Authority.
B. 
It shall be unlawful to discharge to any natural outlet within the Township of Lacey or in any area under the jurisdiction of the township any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage on any lot within the township that abuts a street, alley or right-of-way in which there is located a public sanitary sewer line.
D. 
The owner of each house, building or property used for human occupancy, employment, recreation or other purposes, situated within the township and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the township, is hereby required, at his expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so.
[Added 12-18-1980 by Ord. No. 31-80]
A. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Lacey Municipal Utilities Authority.
B. 
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Lacey Municipal Utilities Authority for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
C. 
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
D. 
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes or other applicable rules or regulations of the township. Any deviation from the prescribed procedure and material must be approved by the township before installation.
E. 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the township.
[Added 12-18-1980 by Ord. No. 31-80; amended 5-2-2005 by Ord. No. 2005-1]
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
[Added 5-2-2005 by Ord. No. 2005-1]
A. 
The purpose of this section is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Township of Lacey, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of Lacey any domestic sewage, noncontact cooling water, process wastewater or other industrial waste (other than stormwater).
C. 
This section shall be enforced by the Lacey Township Police Department and the Lacey Township Code Enforcement Officer.
D. 
The following shall apply to persons violating or failing to comply with this section:
(1) 
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge; except that, in the Pinelands Area, the maximum penalty shall be $500 for each offense, as provided in N.J.S.A. 13:18A-24. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
(2) 
The violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.