Township of Parsippany-Troy Hills, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills 10-28-1986 by Ord. No. 86:72 as Ch. XIII of the 1986 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Land use, subdivisions and site plans — See Ch. 225.
Individual sewage disposal systems — See Ch. 326.
[1]
Editor's Note: Municipal sewers are governed by N.J.S.A. 40:63-1 et seq. Individual sewerage disposal facilities are regulated by the State Individual Sewerage Disposal Systems Code.

§ 329-1 Authorization.

[Amended 12-20-2005 by Ord. No. 2005:31; 12-20-2005 by Ord. No. 2005:32; 12-20-2005 by Ord. No. 2005:33]
Any streets, highways, alleys and other public lands or places, within or without the Township, may be used and occupied for the construction and maintenance of the following public improvements, as authorized by N.J.S.A. 40A:26A-1 et seq.: main sewer, lateral sewer, intercepting sewer, system of sewers, sewer outlets, filtration beds, sewage treatment or disposal plants or works, sewage receptacles, pumping stations or any or all such improvements, and such other erections, works, establishments and fixtures as may be required to provide proper sewerage and drainage for the Township.

§ 329-2 Purpose.

[Amended 12-20-2005 by Ord. No. 2005:31]
In order to assure the proper disposal of sewage and waste waters and the proper operation and maintenance of the public sewers, sewage treatment plant and other sewage works within the Township and to provide an adequate record of sewers, drains, appurtenances and connections thereto, the following regulations are enacted by the Township under the authority of N.J.S.A. 40:26A-1 et seq.

§ 329-3 Establishment of Sewer Department.

[Amended 12-20-2005 by Ord. No. 2005:31]
The Division of Sewers in the Department of Municipal Utilities shall be known as the "Sewer Department."

§ 329-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ATTORNEY
The duly appointed attorney of the Township.
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 mg/l (milligrams per liter) by weight.
BUILDING DRAIN
That part of the lowest horizontal piping of a building sanitary system that receives the discharge from the sanitary waste pipes inside the walls of the building and conveys it to the property owner's connection, beginning five feet outside the inner face of the building wall.
CHLORINE DEMAND
The amount of chlorine which must be added to water or waste to produce a residual chlorine content of at least 0.1 mg/1 after a minimum contact time of 10 minutes.
CLERK
The duly appointed Township Clerk of the Township.
ENGINEER
The duly appointed Engineer of the Township or his authorized deputy, inspector, agent or representative.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
HEALTH OFFICER
The duly appointed Health Officer of the Township or his authorized deputy, inspector, agent or representative.
HOUSE CONNECTION
The pipe laid incidental to the original construction of a public sewer from the public sewer up to two feet inside the curbline of the street, highway or similar location, and there capped, having been provided and intended for extension and for use at some time thereafter as part of a property owner's connection.
INDIVIDUAL SEWAGE DISPOSAL FACILITY
Includes every privy, privy vault, septic tank, cesspool or any other facility located on the premises intended or used for the disposal of sewage.
LICENSED PLUMBER
Either an individual, partnership or corporation to whom the Office of Health has issued a license to practice plumbing in the Township during the period when such license is valid.
[Amended 12-20-2005 by Ord. No. 2005:31]
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter solution.
PRIVATE SEWER SYSTEM
A sanitary sewer system/works owned and operated by other than the Township.
PROPERLY SHREDDED GARBAGE
Garbage which has been shredded so that no garbage particles will be greater than 1/2 inch in any dimension.
PROPERTY OWNER'S CONNECTION
The extension from the building drain to the house connection.
PUBLIC SEWER SYSTEM
A sanitary sewer system/works owned or controlled by the Township.
SEWER
The pipe or conduit, together with manholes and other structures or equipment appurtenant thereto, provided to carry sewerage and waste liquids. Sewers shall further be classified as follows:
[Amended 12-20-2005 by Ord. No. 2005:32]
A. 
A trunk, main or lateral sewer up to and including the Y-branch or tee provided for connection thereto and to which all owners of abutting properties have equal rights and which is controlled by public authority. The public sewer shall include the house connection but does not include the property owner's connection.
B. 
A sewer which carries only sanitary sewerage and to which stormwater, subsoil drainage and cooling water are not intentionally admitted.
SEWERAGE
Waste water or water-carried wastes from residences, business buildings, institutions and industrial establishments. Sewerage shall be further classified as follows:
[Amended 12-20-2005 by Ord. No. 2005:32]
A. 
Includes the waste water from air-conditioning, industrial cooling, condensing and hydraulically powered equipment or similar apparatus.
B. 
The solid and liquid wastes from toilet and lavatory fixtures, kitchens, laundries, bathtubs, shower baths or equivalent plumbing fixtures as discharged from dwellings and business and industrial buildings.
C. 
Includes the water-carried wastes of any industrial process as distinct from domestic or sanitary sewerage. All substances carried in industrial wastes, whether dissolved, in suspension or mechanically carried by water, shall be considered as industrial wastes.
D. 
Solids that either float on the surface of or are in suspension in water, sewerage or other liquids and which are removable by filtering as prescribed in Standard Methods for the Examination of Water, Sewage and Industrial Waste, American Public Health Association.
SEWERAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage, including but not limited to compact sewerage treatment plants and municipal treatment plants.
SEWERAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage or waste water.
SEWER SUPERINTENDENT
The person duly designated to have supervision of the operation and maintenance of the Division of Sewers within the Department of Municipal Utilities.
STORM SEWER or STORM DRAIN
Pipeline carrying stormwater or subsoil drainage, including inlets and manholes.
[Added 12-20-2005 by Ord. No. 2005:32]
STORMWATER
Includes the runoff or discharge of rain and melted snow or other water from roofs, surfaces of public or private lands, swimming pools or elsewhere. Stormwater also shall include subsoil drainage.
[Added 12-20-2005 by Ord. No. 2005:32]
SUBSOIL DRAINAGE
Includes water from the soil percolating into subsoil drains and through foundation walls, basement floors or underground pipes.
[Added 12-20-2005 by Ord. No. 2005:32]
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.

§ 329-5 General requirements.

A. 
Use of public sewers required.
(1) 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the Township or in any area under the jurisdiction of the Township any human or animal excrement, garbage or other objectionable waste except in approved sanitary landfill areas as licensed by the State and Township Health Departments.
(2) 
It shall be unlawful to discharge to any natural outlet or storm sewer within the Township or in any area under the jurisdiction of the Township any sanitary sewerage, industrial wastes or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
B. 
Suitable connections to sewer required. The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose 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 or combined sewer 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.
C. 
Exemption from connections.
(1) 
The owners of all houses, buildings or properties required to connect to public sewers pursuant to Subsection B hereof may be exempted from such connection by the Township Council upon a showing by the property owner of a serious hardship. Factors to be considered in establishing a serious hardship include, but are not limited to, the following:
(a) 
Grossly disproportionate expense in effectuating a connection as compared to properties which have connected; and
(b) 
Unique topographical or geological conditions rendering connection contrary to the public interest.
(2) 
The Township Council shall act upon each request for an exemption following receipt of recommendations from the appropriate Township agencies and officials responsible for enforcing connection to the public sewers.

§ 329-6 Discharging wastes into sewers.

A. 
Prohibitions.
(1) 
No person shall discharge into any public sewer of the Township any waste, substance or waters other than such kinds or types of waters or water-carried wastes for the conveyance of which the particular public sewer is intended, designed or provided.
(2) 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, air-conditioning and refrigerating waste waters, or unpolluted industrial process waters to any sanitary sewer.
(3) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A(3), regarding discharge of stormwater and other unpolluted drainage or process water, was repealed 12-20-2005 by Ord. No. 2005:32 and 12-20-2005 by Ord. No. 2005:33.
(4) 
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(a) 
Any liquid or vapor having a temperature higher than 150º F.
(b) 
Any water or waste which may contain more than 100 parts per million by weight of fat, oil or grease.
(c) 
Any gasoline, benzene, naphtha, alcohol, tar, fuel oil or other flammable or explosive liquid, solid, gas or vapor.
(d) 
Any garbage except properly shredded garbage.
(e) 
Any ashes, cinders, stones, sand, mud, straw, shavings or sawdust, metal, sticks, coarse rubbish, glass, rags, feathers, plastics, waste rubber, animal guts or tissues, entrails, blood, hair, hides, wood, paunch manure or any other substance likely to damage, destroy or cause an obstruction to the flow in any sewer or which may interfere with the proper operation of the sewerage works.
(f) 
Any waters, sewerage or wastes having a pH lower than five or higher than nine or having any other corrosive or detrimental property capable of causing damage or hazard to the sewerage works or personnel.
(g) 
Any waters or wastes containing a toxic, poisonous or radioactive substance in sufficient quantity to injure or interfere with any sewerage treatment process or to constitute a hazard to humans, animals or marine life or create any hazard in the receiving waters. The following toxic or poisonous substances shall not be present in any appreciable quantity of industrial or commercial process discharges in excess of the following limits in mg/l (milligrams per liter) by weight:
[1] 
Cyanides: 1 mg/l.
[2] 
Copper, zinc, nickel, cadmium, iron, chromium, lead, tin, silver, mercury or other metals or the salts thereof: 5 mg/l.
[3] 
Radioactive wastes or materials may be discharged into a public sewer if Conditions I and II below are met and if either Condition III or IV is also met, provided that such discharges have also been approved by any and all local, state and federal regulatory agencies having jurisdiction:
[a] 
Condition I: Such wastes must be readily soluble or dispersible in water;
[b] 
Condition II: The gross quantity of all radioactive materials so discharged must not exceed one curie per year;
[c] 
Condition III: The daily quantity of any radioactive material, if diluted by the average daily volume of sewerage discharged into the system from the installation, must not exceed the maximum concentrations allowed by regulations of the United States Atomic Energy Commission;
[d] 
Condition IV: Daily quantities of radioactive materials up to the maximum permitted by the United States Atomic Energy Commission may be so discharged, provided that the total monthly quantities if diluted by the average monthly volume of sewerage discharged from the installation do not exceed the concentrations permissible under III above.
(h) 
Any noxious or malodorous gas, vapor or substance capable of creating a public or private nuisance.
(5) 
The admission in the public sewers of any waters or wastes having:
(a) 
A five-day biochemical oxygen demand greater than 1,000 milligrams per liter by weight; or
(b) 
Containing more than 1,000 milligrams per liter by weight of suspended solids;
(c) 
Containing any quantity of substances having the characteristics described in Subsection A(4); or
(d) 
Having a chlorine demand of more than 15 milligrams per liter by weight; or
(e) 
Having an average daily flow greater than 2% of the average daily sewerage flow of the Township; shall be subject to the review and approval of the Sewer Superintendent.
(6) 
Where necessary, in the opinion of the Sewer Superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:
(a) 
Reduce the biochemical oxygen demand to 1,000 milligrams per liter, the suspended solids to 1,000 milligrams per liter by weight and the chlorine demand to 15 milligrams per liter by weight; or
(b) 
Reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection A(4); or
(c) 
Control the quantities and rates of discharge of such waters or wastes.
(7) 
Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Sewer Superintendent and of any or all state regulatory agencies having jurisdiction, and no construction of such facilities shall be commenced until the approvals are obtained in writing.
B. 
Determination of exclusion of wastes. In determining whether any waste discharged or proposed to be discharged into any public sewer is to be excluded, consideration will be given to the quantity, time or times, rate and manner of discharge, dilution and character of the waste in question, the size of the sewer into which the waste is to be discharged, the probable quantity of sewerage or other wastes likely in the sewer and other pertinent facts. Minute quantities of a waste which would be objectionable in larger quantity may be accepted if sufficiently diluted when and as discharged or if the quantity discharged is small as compared with the flow in the receiving sewer; but any permission to discharge minute quantities of an otherwise excluded waste shall be revocable at any time by the Sewer Superintendent.
C. 
Pretreatment facilities.
(1) 
At all premises where wastes or substances specified to be excluded from public sewers by these regulations are present and liable to be discharged directly or indirectly into the sewers, suitable and sufficient piping layouts, oil, grease, sand and flammable waste traps or separators, screens, settling tanks, diluting devices, storage or regulating chambers, treatment, cooling or other equipment and devices shall be provided. These shall be maintained and properly operated by the owner of the premises or his agent at his expense to insure that no waste or substance is discharged in violation of the requirements of these regulations.
(2) 
Such facilities for pretreatment of wastes or waters discharged to public sewers shall be approved by the Sewer Superintendent and by any or all state regulatory agencies having jurisdiction. The Sewer Superintendent or state agencies may require of an owner installing pretreatment facilities plans, specifications and a description of the proposed facilities.
(3) 
On premises where any of the waste or substances as described in this subsection are present, the Sewer Superintendent may require the owner to provide, operate and maintain at the owner's expense a sampling well, flow measuring devices, manholes or other appurtenances all readily accessible on the building sewer or drain from the premises near the point where the sewer or drain connects to the public sewer. By means of such sampling well, flow measuring devices or other appurtenances, the owner, occupants of the premises, the Sewer Superintendent or any public officer having legal jurisdiction may secure samples of or examine the wastes being discharged into the public sewer for the purpose of determining compliance or noncompliance with the requirements of these regulations.
(4) 
The Sewer Superintendent or his duly authorized representative shall have the right to enter and inspect any part of the premises served by public sewers upon which there may be reason to believe that violations of the requirements of these regulations have occurred or are likely to occur for the purpose of ascertaining the facts as to such violation or suspected violation, obtaining samples of wastes or of inspecting flow measuring devices or treatment facilities provided to prevent prohibited discharges.
D. 
Measurements of sewerage. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with Standard Methods for the Examination of Water and Sewerage. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the house connection is connected.
E. 
Special agreements or arrangements.
(1) 
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Township and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Township for treatment subject to payment therefor by the industrial concern.
(2) 
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Township and any sewer district for treatment, subject to payment therefor by the sewer district.

§ 329-7 Discharge of effluents from private systems into public sewers.

No person shall discharge or cause to be discharged into any public sewer, either directly or indirectly, any overflow, effluent or cleanings from a septic tank, cesspool, subsurface drainage trench, bed or filter or other receptacle storing organic waste nor shall any overflow, effluent or cleanings from a septic tank, cesspool, subsurface drainage trench, bed or filter or other receptacle storing organic waste be deposited or treated in the Township sewerage treatment plant.

§ 329-8 Persons authorized to work on public sewers.

Connections, alterations or repairs to any public sewer or the manholes or other appurtenances of the sewer system in the Township shall not be made by any person without a permit issued by the Sewer Department. No unauthorized person shall open the cover of, enter or alter any manhole or other appurtenance of any public sewer; place or insert in any public sewer or its appurtenances any foreign material which the sewer or its appurtenances was not intended to receive; nor shall any person damage, destroy, uncover, deface or tamper in any way with any public sewer or its appurtenances.

§ 329-9 Property owner's connection permits.

A. 
Classes of permits; information required.
[Amended by Ord. No. 97:19]
(1) 
There shall be two classes of permit for sewers:
(a) 
Class A for residential and commercial service; and
(b) 
Class B for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the office of the Construction Official.
(2) 
The application shall state the location and character of the work to be performed; the person granted permission to perform such work; the time limit for completion of the work; the general character of the wastes which are or may be discharged into the sewer in question; and any other pertinent information or conditions. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Sewer Superintendent. A permit and inspection fee of $150 shall be paid to the Township Sewer Department at the time an application for a sewer connection permit is filed. This fee shall be in addition to the connection charge established by § 329-14 of this chapter.
B. 
Expenses to be borne by owner. All costs and expense incident to the installation and connection of the property owner's connection shall be borne by the owner. All property owner's connections shall be maintained by the owner of the property served.
C. 
Suspension of permit. Any person may be suspended or terminated by the Sewer Superintendent on written notice of the permittee for violation of the conditions thereof or for any violation of the requirements of these regulations or for other reasons in the public interest.

§ 329-10 Authorized personnel.

Those authorized to perform sewer work. Only the following person or persons shall construct, repair, alter or remove building drains, property owner's connections or make connections therefrom to a public sewer:
A. 
Regular forces of the Township or a contractor employed by the Township;
B. 
Any person who shall have been licensed by the Office of Health to perform work of this type during the period provided by the license and under the conditions of the license. Such persons shall be called "licensed drain layers"; however, it is not the intent of this section to restrict the usual work of licensed plumbers or others working in accordance with any local plumbing and building codes. Only licensed plumbers shall work on pipes within and not more than five feet outside the walls of any structure, provided that no connection to a public sewer shall be made by such persons without a permit from the Sewer Department irrespective of the distance of the public sewer to the structure in question. All drains shall be connected by licensed plumbers and others in conformity with the requirements of these regulations as to what may or may not be discharged into public sewers.
[Amended 12-20-2005 by Ord. No. 2005:31]

§ 329-11 Materials and workmanship.

The following requirements of this section shall apply to any person licensed to do sewer work and who has a sewer permit to do such sewer work as provided in §§ 329-9 and 329-10 of these regulations:
A. 
Old building sewers. Old building sewers may be used and connected to a public sewer when serving new buildings only when they are found on examination or test by the Sewer Superintendent to meet all requirements of this section. The Sewer Superintendent may require where indicated the uncovering of old sewers for inspection.
B. 
Separate property owner's connection. A separate and independent property owner's connection provided for every building unless authorized by special agreement with the Township Council.
C. 
Requirement for plumbing system. No building shall be connected to a public sewer unless the plumbing system of the building has a soil vent pipe extended to a point above the roof. The plumbing inspector may require that no running trap, main house trap or other device which might prevent the free flow of air throughout the whole course of the building sanitary system, building drain and the soil vent pipe will be allowed.
D. 
Requirements for property owner's connection. The property owner's connection shall be cast iron soil pipe; vitrified clay sewer pipe; good quality concrete pipe, asbestos-cement pipe; plastic pipe; or other suitable material approved by the Sewer Superintendent. All pipe materials shall conform with the latest standard specifications of the ASTM as approved by the Sewer Department. Any part of the property owner's connection that is located within 10 feet of a water service pipe shall be constructed of cast iron soil pipe with leaded joints. Water service and property owner's connections shall be laid in separate trenches. Cast iron pipe with leaded joints may be required by the Sewer Superintendent where the property owner's connection is exposed to damage by tree roots. If installed in filled or unstable ground, the property owner's connection shall be of cast iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the Sewer Superintendent. No property owner's connection shall be located within five feet of a cellar drain or groundwater drain unless pipe is of cast iron with leaded joints.
E. 
Size and slope of property owner's connection. The size and slope of the property owner's connection shall be subject to the approval of the Sewer Superintendent, but in no event shall the diameter be less than four inches. The slope of such four-inch pipe shall be not less than 1/8 inch per foot.
F. 
Below level drains. In all buildings where the building drain is too low to permit gravity flow to the public sewer, sewerage or other waste waters carried by such drain shall be lifted by approved artificial means and discharged to the property owner's connection through a cast iron force main. All building drains, whether force mains or gravity lines, shall be of cast iron soil pipe from the inner face of the building wall to the point of connection with the property owner's connection and shall be made gastight and watertight by a method approved by the Sewer Superintendent.
G. 
Approval of excavations. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Sewer Superintendent. Whenever possible, the property owner's connection shall be brought to the building at an elevation below the basement floor. No property owner's connection shall be laid parallel to or within three feet of any bearing wall which might thereby be weakened. The depth of the property owner's connection shall be sufficient to afford protection from frost, and in general such depth shall not be less than three feet below the finished ground surface at all points. All property owner's connections shall be laid at uniform grade and in straight alignment in so far as possible. Changes in direction shall be made only with properly curved pipe and fittings. Property owner's connections shall be laid on firm, undisturbed soil or a suitable foundation; they shall be located at a sufficient distance from other partial pipes to permit alterations or repairs to any such pipes or the sewer pipe without disturbing the other; they shall be well cleared inside after laying; and they shall conform to all reasonable requirements for good construction. Backfill placed over property owner's connections shall be done with hand tools to a depth of at least one foot over the pipe, using fine earth free from stones and rubbish. Backfill shall be well and carefully tamped over the sewer. The open ends of property owner's connections and building drains shall be kept closed or protected during construction and during periods when work is suspended in order to exclude from the public sewer all water or debris which might obstruct, damage or otherwise be detrimental to the public sewer or sewerage works. Abandoned property owner's connections or drains shall be likewise promptly closed and sealed off from any public sewer at the expense of the owner of the property.
H. 
Joints and connections. All joints and connections for or between property owner's connections building drains shall be made gastight and watertight to wit:
(1) 
Cast iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead, Federal Specification QQ-L-156, not less than one inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested and approved.
(2) 
All joints in vitrified clay pipe, concrete pipe, asbestos cement pipe, other approved pipe or between such pipes and metals shall be made with rubber or similar gaskets. Hot poured jointing materials or cement mortar shall not be approved.
(3) 
Any jointing materials other than those described in Subsection H(1) and (2) may be used only upon approval by the Sewer Superintendent.
(4) 
The connection of the property owner's connection into the public sewer shall be made at the Y-branch if such branch is available at a suitable location. If the public sewer is 12 inches in diameter or less and no properly located Y-branch is available, the owner shall, at his expense, install a Y-branch in the public sewer at the location specified by the Sewer Superintendent. Where the public sewer is greater than 12 inches in diameter and no properly located Y-branch is available, a neat hole may be cut into the public sewer to receive the house connection with entry in the downstream direction at any angle of about 45º. A forty-five-degree ell may be used to make such connection with the spigot end cut so as not to extend past the inner surface of the public sewer. Where street sewers are of asbestos cement sewer pipe, the connection may be made with a cast iron saddle in the event that no fitting is available on the street sewer. The invert of the house connection at the point of connection to twelve-inch diameter sewers or larger shall be connected to either match the center lines of such street sewers or be higher. A smooth, neat joint shall be made and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the Sewer Superintendent.
I. 
Notification of Sewer Superintendent. When the property owner's connection trench has been excavated, the property owner's connection repaired, altered or constructed and is ready for inspection and connection to the public sewer, the Sewer Superintendent shall be notified during regular working hours not less than 24 hours in advance of the time when the connection to the public sewer is planned. The connection of the property owner's connection to the public sewer shall be made under the supervision of the Sewer Superintendent, and a record of all the connections shall be kept by him. A written clearance to backfill shall be given the drain layer at this time. If any person constructs, installs, alters or repairs any property owner's connection or drain connecting with a public sewer in the Township in violation of this chapter or fails to give adequate notice to the Sewer Superintendent for an inspection of the work, the Sewer Superintendent may order all or any portion of the work to be uncovered for inspection and approval.
J. 
Riser openings. Sewer inspection riser openings for property owner's connections shall be placed at the end of the four-inch house connection line. The riser shall be of cast iron, at least four inches in diameter and shall be set up on a tee opening in the property owner's connection (Y-connection not permitted), the tee to be encased in concrete. The top of the riser shall be placed flush with the ground surface encased in a two-foot-square by one-foot-deep concrete collar block and shall be fitted with a brass screw cap.
K. 
Guarding of circulation. All excavations for sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard.
L. 
Maintenance of connections. The house connections shall be maintained by the Sewer Department. The property owner's connection shall be maintained by the property owner.
M. 
Implication of Township ownership. The installation of a public sewer system in any street, lane, road, etc., by the Township or by others shall not imply Township ownership or acceptance of such streets, lanes, roads, etc., unless and until they otherwise comply with Township requirements for acceptance, ownership and maintenance.
N. 
Violation. If any person, after proper order or direction from the Sewer Superintendent, fails to remedy any violation of this chapter or of any other article of these regulations, the Sewer Superintendent may disconnect the property owner's connection on the property where the violation exists from the public sewer and may collect the cost of making such disconnection from any person or persons responsible for, or willfully concerned in or who profited by such violation of the requirements of these regulations.

§ 329-12 Disposal of ground drainage and sewerage from subdivision developments.

[Amended 12-20-2005 by Ord. No. 2005:32; 12-20-2005 by Ord. No. 2005:33]
A. 
Plans for method of ground drainage and sewerage disposal. The developer of a property subdivision within the Township shall submit to the Sewer Superintendent and to any other local or state agency or officer having jurisdiction the proposed method of providing for sewerage disposal in the development. The method proposed shall be indicated on the tentative plat plan or separate plan showing gradient and datum lines, together with specifications or descriptive information so as to clearly indicate the functioning and construction of the layout. A performance bond in the amount of the construction costs estimate shall be posted by the developer with the Township Clerk guaranteeing satisfactory performance of the developer's work. No building permits shall be issued to any developer of subdivisions until the sewerage disposal layout has been approved by the Sewer Superintendent and by any other local or state agency or officer having jurisdiction and until agreement has been entered into.
B. 
Construction of sewer laterals. In cases where a developer of a property subdivision plans the construction of sewer laterals in the streets of the development, the developer shall furnish at the time the plans for such laterals as submitted for approval a maintenance bond, issued by a bonding company acceptable to the Sewer Superintendent and of a value of 5% of the estimated cost of the proposed sewers, but in no case for less than $1,000, guaranteeing for a term of one year the correction of any defects in the sewer system, including leaks or excessive infiltration in the street sewers, manholes and building sewers, upon written notice of such defects from the Sewer Superintendent.
C. 
Sewerage pumping stations. In cases where a developer of a property subdivision has received approval of Township Council for the construction of a sewerage pumping station in conjunction with a system of street sewers, the plans and specifications for such pumping stations shall be submitted to and approved by the Sewer Superintendent and by any state agency having jurisdiction prior to the construction of the pumping station.
D. 
Backfill with unapproved material prohibited. The installation of all sewer lines and their appurtenances shall not be backfilled with unapproved material. Sand material shall be used after approval for same is obtained and after written certification of approval for the installation of the sewer line and their appurtenances by the Sewer Superintendent or his authorized representative.
E. 
Position of riser openings. Sewer inspection riser openings for property owner's connections shall be placed at the end of the four-inch house connection line. The riser shall be of cast iron at least four inches in diameter and shall be set up on a tee opening in the property owner's connection (Y-connection not permitted), the tee to be encased in concrete. The top of the riser shall be placed flush with the ground surface encased in a two-foot-square by one-foot-deep concrete collar block and shall be fitted with a brass screw cap.

§ 329-13 Public sewers and connections.

A. 
Permit for use, etc. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance therefor without first obtaining a written permit from the Sewer Department.
B. 
Application to be made. Application for public sewer service must be made on forms prescribed by the Sewer Department and signed by the owner of the property or his authorized agent. Signing of the application signifies assent to all of the rules, regulations and schedules of public sewer fees, rentals and charges of the Sewer Department. The Township Council shall, as circumstances warrant, fix all public sewer fees, rentals and charges. The owner of each building connected to the public sewer system shall be responsible for the payment of bills rendered by the Sewer Department for sewer service. All sewer rentals, fees and other charges incurred in the installation of the laterals and house connection are a lien against the property until paid. All bills for sewer service will be rendered quarterly. The amount charged shall be due on the date of the rendering of the bill. If bills are not paid within 30 days from that date, interest at 8% will be added from the date the bill is rendered, and the Township shall take such steps for collection as are provided by the statutes.
C. 
House connections subsequent to original installation.
[Amended by Ord. No. 97:19]
(1) 
Any house connection made after the original installation of the public sewer, including the making of the tap to the public sewer and the excavation, backfilling and resurfacing of the trench from the public sewer to two feet inside the curbline, will be done by the Sewer Department at the expense of the applicant.
(2) 
Additional charges will be made for:
(a) 
Any house connection requiring more than eight feet depth or 25 feet of trench length in or across a road on a pro rata basis;
(b) 
For any fee imposed by the county or state in excess of $25; and
(c) 
Extra expense due to presence of rock.
D. 
Separate and independent house connection. A separate and independent house connection shall be provided for:
(1) 
Each building under one roof owned by one party and occupied as one business or residence; or
(2) 
A combination of buildings owned by one party in one common enclosure occupied by one family or business; or
(3) 
The one side of a building having a solid vertical partition wall making it capable of divided ownership. A building owned by one party containing more than one store, apartment or office may be supplied by one or more house connections at the discretion of the Engineer.
E. 
Cost of installation may be assessed as a lien. The cost of installing a public sewer system in any existing street, lane, road, etc., may be assessed in whole or part against property owners, including real estate developers, benefiting by such installation, except that where a sewer in excess of 10 inches in diameter is installed to provide for future extension, it shall be made by special agreement with the Township Council.
F. 
Connection.
[Amended by Ord. No. 87:53]
(1) 
When sewer is available, it will be mandatory for adjoining property owners to hook up within 90 days. Any septic tanks, cesspools and similar individual sewage disposal facilities which may be in existence at the time of connection shall be abandoned and filled with suitable material.
(2) 
The capacity charge shall become due and payable upon delivery of the certificate of occupancy or service.
G. 
Rate of infiltration. The rate of infiltration shall not exceed 10 gallons per inch diameter per mile per hour.
H. 
Changes shall be initiated by Township Council. Extensions to or changes in the existing public sewer system may be initiated by the Township Council, the Sewer Department, by petition from property owner or by application from a real estate developer. If such extension or change is deemed advisable by the Township Council, the Township Council will prescribe the terms and conditions under which such extension shall be made and shall require written acceptance thereof by the petitioners or applicant.

§ 329-14 Sewer connection fees.

[Amended by Ord. No. 96:29; Ord. No. 97:19; Ord. No. 98:6; Ord. No. 2000:30; Ord. No. 2001:08]
A. 
Single-family residential. The following sewer connection fees for a three-or-more-bedroom single-family residential use are hereby established for the following years:
[Amended 6-18-2002 by Ord. No. 2002:21; 2-25-2003 by Ord. No. 2003:05; 4-27-2004 by Ord. No. 2004:11; 1-11-2005 by Ord. No. 2004:38; 5-18-2010 by Ord. No. 2010:09; 9-20-2011 by Ord. No. 2011:17; 5-14-2013 by Ord. No. 2013:09; 9-26-2017 by Ord. No. 2017:23]
Year
Amount
2017
$4,496.15
2013
$4,099.24
2011
$4,231.74
2010
$4,366.46
2005
$1,696.62
2004
$3,773.00
2003
$3,593.00
2002
$3,505.00
2001
$3,381.00
2000
$3,263.00
1999
$3,512.00
B. 
Uses other than single-family residential. Sewer connection fees for other than three-or-more-bedroom single-family residential shall be based upon a computation for utilizing the above charge multiplied by the equivalent number of single-family units contributing the same flow to the system and in accordance with the following standards:
(1) 
Design flow rate for one single-family dwelling with three or more bedrooms is 300 gallons per day.
(2) 
The design flow rate for various types of establishments as set forth in Schedule A[1] shall be used to determine the equivalency factor for the type of establishments listed therein.
[1]
Editor's Note: Schedule A follows this section.
(3) 
In any case where the design flow cannot be reasonably established, using Schedule A as a guide, the Township shall determine the design flow by such means as are, in its opinion, fair and equitable.
(4) 
The following facilities are exempt from the charges imposed by this subsection:
(a) 
Churches and other places of worship;
(b) 
Facilities used solely by volunteer fire companies and volunteer ambulance/first aid squads;
(5) 
If an exempt facility is converted to a use other than one of those enumerated, the nonexempt use shall be subject to a connection fee according to Schedule A.
C. 
Calculation of fee. The sewer connection fee shall be calculated to reflect the actual cost of the physical connection plus an amount computed in the following manner to represent a fair payment toward the cost of the system:
(1) 
The amount representing all debt service, including but not limited to sinking funds, reserved funds, the principal and interest on bonds and the amount of any loans and the interest thereon, paid by the Township to defray the capital cost of developing the system as of the end of the immediately preceding budget year shall be added to all capital expenditures made by the Township not funded by a bond ordinance or debt for the development of the system as of the end of the immediately preceding budget year.
(2) 
Any gifts, contributions or subsidies to the Township received from, and not reimbursed or reimbursable to, any federal, state, county or municipal government or agency or any private person, and that portion of amounts paid to the Township by a public entity under a service agreement or service contract which is not repaid to the public entity by the Township shall then be subtracted.
(3) 
The remainder shall be divided by the total number of service units served by the Township at the end of the immediately preceding budget year, and the results shall then be apportioned to each new connector according to the number of service units attributed to that connector. In attributing service units to each connector, the estimated average daily flow of sewage for the connector shall be divided by the average daily flow of sewage to the average single-family residence of three or more bedrooms in the area served by the Township to produce the number or service units to be attributed.
D. 
Annual recomputing of fee. The sewer connection fee shall be recomputed annually at the end of each budget year, and a public hearing shall be held by the Township Council prior to its adoption. The revised connection fee may be imposed upon those who subsequently connect in that budget year to the system.
E. 
Payment required prior to connection. All sewer connection fees as outlined under this subsection shall be paid to the Parsippany-Troy Hills Township Utility prior to any connection being made to the Township's system and/or prior to the issuance of a certificate of occupancy.

§ 329-15 Schedule A: Criteria for Future Sewage Flow.

[Amended by Ord. No. 96:29; Ord. No. 97:19; Ord. No. 98:6; Ord. No. 2000:30; Ord. No. 2001:08; 5-14-2013 by Ord. No. 2013:09; 9-26-2017 by Ord. No. 2017:23]
Sewage flow for any given type of occupancy varies widely depending on the nature of the occupancy. The following chart lists values used to determine sewage flow for the types of occupancies shown:
Type of Establishment
Measurement Unit
Gallons per Day
House/Townhouse/
Apartment/Condo
  1 Bedroom
Dwelling
67.50
  2 Bedroom
Dwelling
101.25
  3 Bedroom
Dwelling
135
Office/shopping center
Square foot
0.1
Hotels
Bedroom
75
Motels
Bedroom
60
Mobile van campground
Site
100
Schools
  No cafeteria/showers
Student
10
  Cafeteria/showers
Student
20
Restaurants
  Average
Seat
35
  Fast-food
Seat
15
  Twenty-four-hour
Seat
50
Bars
Seat
20
Institutions
Bed
175
Nursing homes
Bed
125
Miscellaneous
  Picnic parks
Person
10
  Municipal buildings
Square feet
0.1
  Banquet halls
Person
20
  Assembly halls
Seat
3
  Nonresident clubs
Member
35
  Resident clubs
Member
75
  Firehouse/first aid
Member
35
  Laundromats
Machine
580
  Gas stations
    Service bays
Bay
50
    Fill positions
Fill position
125
    Mini markets
Square feet
0.1
Factory/warehouse
Employee
25

§ 329-16 Compact sewage treatment plants.

A. 
Construction to comply with established specifications. Whenever the Planning Board of the Township Council shall require the installation of a compact sewage treatment plant within any of the building zones of the Township to serve more than one owner or tenant, such compact sewage treatment plant shall be constructed according to specifications to be established and supplied by the Health Officer, Manager and Engineer.
B. 
Application. All applications to the New Jersey State Department of Health for the approval of such compact sewerage treatment plants shall be made in the name of and shall be processed by the Township, and the approval of the New Jersey State Department of Health shall be obtained by the Township.
C. 
Contract with Township. At or before the time of filing by the Township for such approval by the New Jersey State Department of Health, the applicant for site plan approval or tentative subdivision approval, referred to as "applicant" hereinafter, shall enter into a contract with the Township requiring the applicant to construct the compact sewerage treatment plant in accordance with the plans and specifications therefor and requiring the applicant to file a performance bond or guaranty in an amount equivalent to the reasonable cost of the proposed compact sewerage treatment plant and all of its necessary appurtenances. The reasonable cost is to be determined by the Engineer. The form and sufficiency of the bond shall be subject to the approval of the Attorney, and the term of the bond shall be for the life of the contract or any extension thereof between the Township and the applicant and shall be conditioned upon the applicant's full compliance with all Township ordinances and regulations governing the installation of the same and of the faithful performance of the terms of the agreement with the Township.
D. 
Bond. The contract referred to in Subsection C shall also require the applicant to file with the Township a maintenance bond in an amount equivalent to 25% of the actual cost of the compact sewerage treatment plant and all of its necessary appurtenances. This bond shall be approved as to form and sufficiency by the Attorney and shall be filed with the Township Council at the time that certification is made by the Engineer and the Health Officer that the compact sewerage treatment plant and all of its necessary appurtenances have been completely installed in accordance with the plans and specifications and are ready for operation. This maintenance bond shall be expressly conditioned upon the maintenance by the applicant of the compact sewerage treatment plant and all of its necessary appurtenances for a period of one year from the date that title to the compact sewerage treatment plant is transferred to the Township as hereinafter provided, and shall guarantee the remedying of any defects in the compact sewerage treatment plant which shall occur during the one-year period. The applicant shall also secure a warranty from the manufacturer of the compact sewerage treatment plant for the sole benefit of the Township to protect the Township against defective parts and operation, the warranty to be in effect for a period of five years from the date that title to the compact sewerage treatment plant is transferred to the Township as hereinafter provided.
E. 
Inspections. The installation of the compact sewerage treatment plant and all of its necessary appurtenances shall be inspected by the Engineer and the Health Officer and they may require appropriate field changes to be made during installation and prior to the transfer of title to the Township as hereinafter provided.
F. 
Title of sewerage treatment plant. The contract referred to in Subsection C shall also require the applicant to transfer title to the Township of the compact sewerage treatment plant and all of its necessary appurtenances, including a conveyance of the real property upon which the plant is constructed by a duly executed instrument of conveyance in proper form, as approved by the Attorney upon the certification in writing by the Engineer and the Health Officer to the Township Council that the compact sewerage treatment plant and all of its necessary appurtenances have been constructed in accordance with the plans and specifications therefor and are operating in a manner satisfactory to the Engineer and Health Officer. Such conveyance shall include an easement or right-of-way required by the Township to operate the compact sewerage treatment plant.
G. 
Minimum criteria. The following minimum criteria for design standards is established for compact sewerage treatment plants: 100 gallons per person per day in garden apartments as well as individual homes.
(1) 
The number of persons to be used in computation shall be as follows:
(a) 
Garden apartment.
[1] 
2.5 persons for one-bedroom apartment.
[2] 
3.5 persons for two-bedroom apartment.
[3] 
4.75 persons for three-bedroom apartment.
(b) 
Single-family residential dwelling: two persons per bedroom, plus 100 gallons per dwelling for automatic equipment per home.
H. 
Filtering. The Township requires filtering of effluent from compact sewerage treatment plant prior to its disposal into streams. The filter criteria for design shall comply with the rules and regulations of the New Jersey State Department of Health.

§ 329-17 Sewer rental fees.

A. 
Connection to Township sanitary sewer system. The sewer rental fees and charges for all facilities within the Township whose waste is being treated at the Township treatment plant without regard to the ownership of the transmission lines shall be as follows:
[Amended by Ord. No. 93:20; Ord. No. 94:12; Ord. No. 95:47; Ord. No. 99:40; Ord. No. 2000:45; 6-18-2002 by Ord. No. 2002:22; 4-29-2003 by Ord. No. 2003:08]
(1) 
Fees attributable to debt, billing and administrative charges. The minimum quarterly charge per unit attributable to debt service, administrative/billing cost is as follows:
[Amended 5-11-2004 by Ord. No. 2004:13; 5-9-2006 by Ord. No. 2006:06]
(a) 
Single-family and multifamily residential dwelling: $51 per quarter.
[Amended 12-18-2012 by Ord. No. 2012:48]
(b) 
Mixed uses. For each premises, building or facility used for both residential and professional or business uses, but serviced through a single meter: $51.
[Amended 12-18-2012 by Ord. No. 2012:48]
(c) 
Subsidized senior citizens housing projects. Each dwelling unit contained in a housing project limited to senior citizen residents which receives federal rent subsidies pursuant to Section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437 et seq., and is in compliance with the approval, authorization and requirements of the Public Housing and Development Authority of the Department of Community Affairs, pursuant to N.J.S.A. 55:16-1 et seq. and N.J.A.C. 5:13-1.1 et seq.: 50% of the minimum annual charge otherwise payable pursuant to Subsection A(1)(a) and (b) hereunder.
(d) 
All other uses, including professional, business, commercial, industrial and education: $5.14 per 1,000 gallons or part thereof, per quarter, as recorded by the user’s water meter.
[Amended 12-18-2012 by Ord. No. 2012:48]
(2) 
Fees attributable to operation and maintenance charges.
[Amended 5-11-2004 by Ord. No. 2004:13; 5-9-2006 by Ord. No. 2006:06]
(a) 
All users shall be subject to an additional fee attributable to operation and maintenance charges in the amount of $2.92 per 1,000 gallons of water or part thereof as recorded by the user's water meter(s).
(b) 
Any residential property (excluding any such property that qualifies as a mixed use property) which does not have a separate irrigation meter shall be granted a twenty-five-percent reduction in this rate, and any apartment complexes shall be granted a five-percent reduction in this rate.
(3) 
Water meters required. All users connected to the sanitary sewer system shall have a water meter(s) installed at the source of the water entering the system, shall provide access to the Township for purposes of reading the meter(s) and shall pay the applicable fees set forth in Subsection A(1)(a) and (b) above. Failure to install the required water meter(s) will result in a sewer bill based upon an average estimated daily flow for each category of use as set forth in § 329-15, Schedule A: Criteria for Future Sewage Flow.
(4) 
Annual review of charges. The Township shall review the user charges at least annually and shall revise the rates as necessary to ensure that adequate revenues are generated in order to pay the costs of operation and maintenance, including replacement costs, and that the system continues to provide for the proportional distribution of operating and maintenance costs among classes of users. The Township shall notify each user at least annually of the rate being charged to cover operation and maintenance charges, including replacement charges.
(5) 
Industrial cost recovery. Industrial users shall be subject to industrial cost recovery (ICR) charges to pay that portion of the federal grant for new facilities allocable to the treatment of wastes from such users.
(a) 
Industrial users shall include those industries as identified in the Standard Industrial Classification Manual, 1972, which contribute industrial wastes to the sanitary sewer system and shall not include those industries discharging wastes only from sanitary conveniences.
(b) 
The ICR program is applicable to the 12 MGD expansion to the sewage treatment plant and to the Troy Meadow intercepting sewer. The ICR period for these facilities shall be for a period of 30 years from October 4, 1976, to October 4, 2006.
(c) 
The fees for the acceptance and disposal of various waste materials and for testing at the Township wastewater treatment plant shall be as follows:
[Added 6-20-2006 by Ord. No. 2006:12[1]]
Type of Waste or Service
Range of Rate or Charge
Municipal sewage treatment plant sludge (domestic) less than 500,000 gallons/month
$0.07/gallon
Household domestic septage
$0.065 to $0.075/gallon
Contractual household domestic septage in excess of 50,000 gallons/month
$0.050 to $0.055/gallon
Contracted household domestic septage in excess of 300,000 gallons/month
$0.040/gallon
Contracted household domestic septage in excess of 500,000 gallons/month
$0.035/gallon
Sludge with volatile solids concentration as follows:
     Below 50%
$0.07 to $0.080/gallon
     Below 40%
$0.07 to $0.08/gallon
     Below 30%
$0.075 to $0.085/gallon
     Below 20%
$0.09 to $0.10/gallon
     Below 10%
$0.10 to $0.11/gallon
Leachate
$0.10 to $0.11/gallon
Leachate — contractual in excess of 5 million gallons/year
$0.02/gallon
Bagged bar-screen waste, domestic sewage
$5.00/bag
Laboratory fecal coliform testing
$8.00/test
Industrial process waste and high strength wastewater
See formula below
     [(CBOD5 concentration in mg/l divided by 250 mg/l) X 0.002/gallon] + $0.10/gallon
     Where cBOD5 = Carbonaceous five-day biochemical oxygen demand
Gray water
$0.02/gallon
[1] 
Gray water is domestic wastewater that does not contain human waste from toilets. The maximum parameters and limits are as follows:
Parameter
Maximum
Concentration
Ammonia nitrogen
20 mg/l
Total suspended solids
215 mg/l
CBOD5
200 mg/l
Oil and grease (total)
100 mg/l
[1]
Editor's Note: This ordinance also provided for the repeal of former Subsection A(5)(c) through (h).
(6) 
Water from treatment of fats, oils and grease. Fees attributable to treating the water produced from the treatment, filtering and/or dewatering of fats, oils and grease (FOG) at the Township Wastewater Treatment Plant site, excluding the treatment of FOG wastewater discharged to the Township Wastewater Treatment Plant but not treated, filtered and/or dewatered on the Township Wastewater Treatment Plant site:
[Added 4-19-2016 by Ord. No. 2016:06]
(a) 
At a rate of $0.01442 per gallon, provided the produced water conforms to the following parameters:
[1] 
Ammoniacal nitrogen (NH3-N) less than or equal to 20 milligrams per liter (mg/l); and
[2] 
Monthly billing concentration (MBC) less than or equal to 6,000 mg/l.
(b) 
If during any calendar month the monthly billing concentration exceeds 6,000 mg/l, a surcharge of $0.001236 per gallon will be assessed for each 1,000 mg/l or part thereof that exceeds 6,000 mg/l, provided the NH3-N concentration is less than or equal to 20 mg/l.
(c) 
If during any calendar month the NH3-N concentration exceeds 20 mg/l for any single sample, a surcharge of $0.09270 per pound of NH3-N will be assessed for all FOG wastewater discharged to the Township Wastewater Treatment Plant during that month.
(d) 
All charges in Subsection A(6)(a) through (c) above shall be increased annually by the greater of 3% or the Consumer Price Index (CPI) as determined by the U.S. Department of Labor, Bureau of Labor Statistics, for the New York-Northern New Jersey area.
B. 
Due date of fees. The fees hereinabove referred to shall become payable to the Township on the date the certificate of occupancy is issued in the case of single-family dwellings. In the case of multifamily dwellings, the owner shall make application and pay the sewer rental fees as the dwelling units are rented and prior to their being occupied.
C. 
Interest on late payments. Unpaid sewer rental fees shall be subject to the same interest rate for late payments as unpaid municipal taxes. Any sewer rental fees which are unpaid after 30 days from the date of the sewer rental bill shall be subject to interest for late payment.

§ 329-18 (Reserved) [1]

[1]
Editor's Note: Former §  329-18, Wastewater treatment plant fee schedule, as amended, was repealed 6-20-2006 by Ord. No. 2006:12. See now §  329-17A(5)(c).

§ 329-19 Protection from damage.

[Amended by Ord. No. 88:21]
No authorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of a private or public sewer system.

§ 329-20 Powers and authority of inspectors.

[Amended by Ord. No. 88:21]
The Manager, Engineer, Health Officer and other duly authorized employees of the Township bearing proper credentials and identifications shall be permitted to enter upon all properties for the purpose of inspection, observation, measurements, sampling and testing in accordance with this chapter.

§ 329-21 Violations.

[Amended by Ord. No. 88:21]
Any person found to be violating any provision of these regulations, except § 329-7, shall be served by the Township with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall within the period of time stated in such notice permanently cease all violations.

§ 329-22 Sludge composting regulations.

A. 
Short title. This section shall be known and cited as the "Sludge Composting Ordinance of the Township of Parsippany-Troy Hills."
B. 
Authority. This section is adopted pursuant to N.J.S.A. 26:3-31, Health and Vital Statistics, Local Boards of Health, General Powers and Duties.
C. 
Purpose. The provisions of this section are intended to protect public health by establishing standards for the efficient, environmentally sound siting, design, and operation of sludge composting facilities and the safe transport, storage and use of process-related materials.
D. 
Scope. This section shall apply to the review of any proposal to construct and operate any type of facility for the composting of sludge and/or the storing of compost-related materials and to the licensing of such a facility.
E. 
Definitions. The following words and terms, when used in this section, shall have the following meanings:
AUTHORIZED REPRESENTATIVE(S)
The Township Health Officer and/or the officer's designee.
BUFFER
An undeveloped, wooded or landscaped area of land used to visually, acoustically, or otherwise separate or screen property from adjacent sites.
BULKING AGENT
A material mixed with sludge to provide moisture control and porosity and enhance biodegradation.
COMPOST
A relatively stable, decomposed material resulting from the process known as "composting."
COMPOSTING
A process of accelerated organic matter, decomposition based on microbial activity and involving a spontaneous temperature increase.
CONDENSATE
Liquid that condenses from the air stream which passes through the composting materials.
CURING
The later, slower stage of composting during which some additional stabilization occurs but previous to which most of the readily biodegradable material has been decomposed.
FACILITY
Any building site or property which is used for the purpose of composting and/or for the storage of process-related materials.
GROUNDWATER
The supply of fresh water under the earth's surface.
LEACHATE
Water or any liquid which has passed through or been in contact with composting materials.
LICENSING AGENCY
The Parsippany-Troy Hills governing body acting as the Office of Health.
[Amended 12-20-2005 by Ord. No. 2005:31]
PATHOGEN
Any biological agent capable of causing diseases.
SENSITIVE RECEPTORS
Any individuals or groups which are particularly vulnerable to health-threatening conditions or buildings or sites which by their nature attract such individuals or groups.
SLUDGE
Any solid, semisolid or liquid waste generated from a wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant; in particular, the solid residue consisting of sewage solids combined with water and dissolved materials in varying amounts.
F. 
Licensing.
(1) 
Agency. The authority to issue a license for the construction and a license for the operation of a sludge composting facility shall lie with the Township Office of Health. However, no license to construct or operate such a facility shall be issued until the review and approval by other appropriate departments of the plan and specifications.
[Amended 12-20-2005 by Ord. No. 2005:31]
(2) 
Procedures.
(a) 
Construction license.
[1] 
Application. An applicant wishing to obtain a license to construct a sludge composting facility within the Township shall make application on forms prescribed by the Health Officer and obtained from the Township Clerk. The forms shall be submitted to the licensing agency with the prescribed fee and shall include the following information:
[a] 
Name of firm;
[b] 
Name, title and phone number of contact person;
[c] 
Permanent business address;
[d] 
If a partnership or joint venture of a partnership, the names and addresses of all partners; if a corporation, the names and addresses of all officers and all stockholders having more than 10% of the corporation's stock;
[e] 
Brief description of the proposed project;
[f] 
Description of the proposed site, including block and lot numbers, size of property and adjacent property owners;
[g] 
Proof that the applicant owns or controls the proposed site;
[h] 
A statement of the applicant's qualifications to construct and operate such a facility;
[i] 
Any other data which the Township may require.
[2] 
Submission of accompanying documents.
[a] 
Documents required. The applicant shall submit engineering designs and specifications, an environmental analysis document and a risk assessment to the licensing agency.
[b] 
Number of copies. The applicant shall submit 10 copies of the required accompanying documents as part of the application.
[3] 
Document guidelines.
[a] 
Engineering designs and specifications. The engineering documents submitted shall be prepared by a licensed New Jersey professional engineer and shall include but not be limited to:
[i] 
A plot plan depicting legal boundaries for which clear title is held by the applicant and/or the area leased indicating total acreage, block and lot numbers and zoning designations of the site and adjacent properties.
[ii] 
A detailed topographic map of the area depicting present site contours, all surface waters, streams, ditches, swales, and other water bodies on or adjacent to the site, surface drainage patterns, treelines, roads, and private and public water supplies.
[iii] 
A USDA Soil Conservation Service soil survey map, detailing the site and surrounding properties, and the appropriate soil properties information sheet. If less than total enclosure is to be provided for storage, composting or curing, or if the storage of leachate, condensate or runoff is planned, soil borings of the property shall be provided on the following basis:
Acreage
Minimum No. of Borings
1 to 10
4
10 to 50
8
50 to 100
14
Borings must be concentrated in areas of concern as defined by facility layout. Profiles shall be shown for each boring giving the depths of each soil classification, the elevation of any groundwater or aquifer encountered and the date each boring was taken.
[iv] 
A site plan of the facility layout on the property and drawings (including profile views) of all structures and enclosures, showing height, width, and bulk dimensions. Dimensions for unloading, storage (for bulking materials, sludge and compost), processing, composting, curing, and loading areas; pavement, floor and/or pad areas; and runoff wastewater and leachate control areas shall be included. Building setbacks, side and rear distances between the proposed structures and/or processing and treatment areas and other existing and/or proposed structures, streets, parking areas and site boundaries shall be indicated.
[v] 
Interior floor plans showing the layout, profile view and dimensions of the interior unloading, sorting, storage, processing and loading areas as well as auxiliary areas such as offices and employee facilities.
[vi] 
A description of the proposed process and operations at the facility, including but not limited to: detailed specifications of all process steps (delivery, storage, mixing, composting method, curing, screening, finishing, packaging); the mix ratio of bulking agent to sludge and the bulk weight and porosity of the mix; the period of time under which active composting is to take place, the temperature to be reached and maintained within that period, the rate of aeration afforded and the time frame for compost curing; detailed provisions for leachate, condensate and runoff collection, treatment and disposal; and methods and equipment to be employed for odor, noise, dust, litter, vermin and pathogen control; also, equipment specifications regarding make, model, manufacturer, processing capacity, reliability, efficiency and design and operation criteria related to the equipment's intended use; the number of equipment units proposed for the facility; past operating performance at other installations using the same methods; and the synchronization of equipment to insure a smooth, uninterrupted process flow (if applicable).
[vii] 
An identification of the source, quantity and physical-chemical characteristics of all sludges to be composted at the proposed facility, as well as of any bulking agent to be used, including:
[A] 
The type of processing carried out at the sewage treatment plant source prior to dewatering (e.g., lime stabilization, digestion, long-term storage);
[B] 
Dewatering processes, including the equipment or technique used, the chemical reagent(s) employed, and the solids achieved;
[C] 
The projected volume of the sludge to be directed to the facility by source, expressed on a dry-weight basis and volume at the percentage solids delivered, identifying the maximum, minimum and average delivery rates anticipated; and
[D] 
Physical-chemical analysis of the sludge from each source, in accordance with the Sludge Quality Assurance Regulations, N.J.A.C. 7:14-4.1 et seq. (additional testing may be required where conditions dictate), including a history of the sludge quality and the fluctuations of characteristics and constituents.
[viii] 
A comprehensive materials balance for every handling and processing step from sludge and bulking agent delivery scheduling to final product and residue removal from the site, identity and quantity all process pollutants at each step.
[ix] 
Provisions for the uninterrupted flow of materials and for alternate processing, storage and/or disposal in the event of facility overload, equipment malfunction, or market failure.
[x] 
A description of the on- and off-site transportation system, including:
[A] 
The number, type, and capacity of vehicles to be involved in hauling bulking agents, sludge, compost and process wastes to and from the site;
[B] 
The number of employee vehicles;
[C] 
Average and peak period trip frequency;
[D] 
Access roads and their characteristics, capacity, weight and height limitations, traffic density, and proximity to sensitive receptors;
[E] 
Entrance and exit points;
[F] 
Loading and unloading areas;
[G] 
Mechanisms to provide an even traffic flow onto and off the site;
[H] 
Means of controlling site access.
[xi] 
Identification, location and description of utilities to service the proposed facility, including but not limited to, water treatment, sanitary sewers, water supply, energy and waste disposal facilities.
[xii] 
A grading and landscaping plan delineating existing vegetation to be retained (including protective methods to be employed during clearing, grading and construction phases of the project) and new vegetation to be planted; information relating to vegetation type, sizes, location, purpose (such as buffer, screening or aesthetics) and schedules for planting; a soil erosion and sediment control plan prepared in conformance with the applicable District Soil Conservation Service requirements; detailed soil erosion and sediment control measures; cross-sectional views of all control devices.
[xiii] 
A description of health and safety equipment, procedures and training to be provided to protect the facility and the personnel during operations and in emergency situations.
[xiv] 
An operations and maintenance manual for the composting operation.
[b] 
Environmental analysis document. The following information must be provided in detail; however, where data has been provided in the engineering document, that document may be referenced:
[i] 
Project description. A detailed description of the project will be provided which will include but not be limited to the following:
[A] 
A site map(s) locating the project in a municipal and neighborhood setting and showing adjacent properties with ownership and lot and block numbers, vegetative buffers, surface water bodies, public institutions, community facilities, health care facilities, parks, residences, and public and private water supplies within a one-half-mile radius of the site, access routes and sensitive receptors along these routes.
[B] 
The purpose of and need for the project.
[C] 
A description of the system to be used.
[D] 
The reasons for selection of the system, including its suitability to the material to be composted.
[ii] 
Description of the environment.
[A] 
A description of the physical conditions of the site and the surrounding area, including, but not limited to: geological features; soils; surface and groundwaters; topography, including drainage patterns and floodway-flood hazard delineations; climate and air quality; ambient acoustics.
[B] 
A description of and location of community resources in the area to be affected, including, but not limited to: residential, educational, health care, cultural, religious, and recreational land uses; transportation network servicing the site (traffic flow patterns, volumes, impediments to traffic flow), any planned changes, alternate routes; police, fire and emergency services; public utilities.
[iii] 
Description of the project impact. An analysis of the potential impacts relating to health resulting from any and all phases of project construction, transportation, operation, storage and product use. This may involve effects upon water quality; air quality; increases in noise, odor or pathogen levels; or exposure of sensitive receptors to health-threatening conditions. Short- and long-term impacts shall be identified.
[iv] 
Methods of mitigating adverse impacts. A detailed description of mitigating measures and technology to be used to minimize the identified adverse impacts. This may include equipment, design, or procedures which will allow the facility to comply with applicable standards and regulations.
[v] 
Unavoidable adverse impacts. A discussion of the types and magnitudes of adverse impacts which cannot be reduced to acceptable levels, their implications and reasons why the project is being proposed despite these impacts.
[vi] 
Alternatives. A discussion of available alternatives to the project, including no action, other technologies, and alternate scale or site in relation to benefits, reliability, area needs, and relative risks. Justification for the project selection over these alternatives should be provided.
[c] 
Risk assessment. The applicant will evaluate the project for the potential health hazards identified in the environmental analysis. Based on existing data from similar operations, the applicant will assess the potential for disease or injury resulting from operation of the plant and/or use of the product. This assessment will include, but not be limited to, increased air levels of pathogens, contamination of water or soil, and potential for fire or for explosion in cases of dust generation.
[4] 
Public hearing.
[a] 
A public hearing will be held by the licensing agency within 45 days of submission of the accompanying documents identified in Subsection G(2)(a)[2].
[b] 
A copy of the accompanying documents will be made available for public review 30 days before the hearing.
[c] 
A ten-day period following the hearing will be allowed for additional comments to be presented in writing to the licensing agency.
[5] 
Decision on construction license.
[a] 
The licensing agency will either grant, deny or grant with conditions a construction license within 60 days following the close of the hearing.
[b] 
The sixty-day decision period may be extended for good reasons and at the consent of the licensing agency and the applicant.
[c] 
No construction shall be initiated until proof is given to the licensing agency that all conditions of a license have been complied with.
[6] 
Resubmission of application following denial. A resubmission of a denied application to construct a facility will require a repetition of the steps in Subsection G(2)(a)[1] through [5].
(b) 
Operating license.
[1] 
Application. Following completion of the construction phase, the applicant shall obtain from the Township Clerk forms for an operating license. These forms shall be completed and submitted to the licensing agency with the appropriate fee and shall include the following information:
[a] 
Name of firm;
[b] 
Name, title and phone number of contact person;
[c] 
Permanent business address;
[d] 
Name of facility;
[e] 
Location of facility, including block and lot number;
[f] 
A statement of compliance with all applicable regulations and standards;
[g] 
Any other information which the Township may require.
[2] 
Submission of accompanying documents. The applicant shall submit copies of all required permits from state and municipal agencies.
[3] 
Inspection. Within 21 days of the submission of the application for an operating license and all necessary accompanying documents, the Health Officer and Township Engineer shall make an inspection to ensure that all applicable provisions of this section have been complied with.
[4] 
Decision on operating license.
[a] 
The licensing agency shall have 45 days following the inspection to issue, deny or issue with conditions an operating license.
[b] 
Operations shall not commence under a conditional permit until it has been demonstrated by the applicant that the facility and/or operating procedures have been brought into compliance.
[5] 
Resubmission of application following denial. A resubmission of a denied application to operate a facility will require a repetition of the steps in Subsection G(2)(b)[1] through [4].
(c) 
Operating license renewal.
[1] 
Application. Six months prior to the license expiration date, the operator must obtain from the Township Clerk, fill out and submit to the licensing agency with the appropriate fee an operating license renewal application. This form must contain the following information:
[a] 
Name of firm;
[b] 
Name, title and phone number of contact person;
[c] 
Permanent business address;
[d] 
Location of facility, including block and lot number;
[e] 
A brief description of the facility's operating performance over the last licensing period, including any notices of violations or fines;
[f] 
A brief description of any process, operating or equipment modifications which are planned for the next licensing period;
[g] 
Any other information the Township may require. In the event that the application includes modifications to the facility or operations, the forms must be submitted nine months prior to the expiration date.
[2] 
Public hearing. A public hearing on the renewal application will be held within 30 days of its receipt. In the event that the application for renewal includes modifications to the facility or operations, a public hearing will be held within 45 days of receipt of the application. An additional ten-day period will be allowed for comments to be presented in writing.
[3] 
Decision on renewal. The licensing agency will either deny, issue or issue with conditions an operating license renewal within 30 days of the close of the public hearing. In the event that the application includes modifications to the facility or operations, the decision period will be extended to 60 days. Compliance or assurance of compliance with any conditions of the operating license must be provided at least 30 days prior to the effective date of the renewal.
[4] 
Resubmission of application following denial. Resubmission of a denied application for an operating license renewal will require a repetition of the steps in Subsection G(2)(c)[1] through [3].
(d) 
Modifications to facility or operations.
[1] 
Notification of licensing agency. The operator shall notify the licensing agency in writing of any changes planned in the facility's structure, equipment, process, materials, storage, transport, and/or disposal practices. No changes will be permitted without prior approval of the licensing agency.
[2] 
Data submission. The operator shall provide the licensing agency with whatever additional information it requires to properly evaluate the proposed changes.
[3] 
Public hearing. The licensing agency shall determine whether the proposed changes are significant enough to require a public hearing; if required, a hearing will be held within 45 days of the change notification. An additional 10 days will be permitted for the submission of written comments.
[4] 
Decision.
[a] 
The licensing agency will have 45 days following the notice of change to determine if such proposed changes may have a detrimental effect on the health and well-being of Township residents and to either deny, approve or require modifications to the proposed changes.
[b] 
If a hearing is required, the licensing agency will have 60 days following the close of the public hearing.
[5] 
Inspection. The authorized representative(s) of the licensing agency shall inspect all modifications to ensure their compliance with the requirements of this section.
G. 
Siting standards. The following standards must be considered in selecting a facility site:
(1) 
Sensitive receptors.
(a) 
Facilities shall be located a sufficient distance from areas, sites and buildings whose nature, use or users would be adversely affected by noise, odor or pathogens. These receptors include, but are not limited to, residences, places of worship, day-care centers, schools, youth clubs, parks, recreation sites, hospitals, nursing homes, convalescent homes, clinics, medical offices, retirement homes, senior citizen centers, senior citizen housing and cultural centers.
(b) 
Topography, vegetation, and wind direction shall be considered in determining sufficient distance from sensitive receptors.
(2) 
Buffers. Notwithstanding other provisions of this section, a minimum buffer of 150 feet shall be provided to separate the composting activities from adjacent properties.
(3) 
Hydrologic limitations.
(a) 
Surface water.
[1] 
Land on which unenclosed compost is to be stored must be located a minimum distance of 200 feet from surface water.
[2] 
Regardless of the nature of the facility, no composting operation may be sited in any floodplain area.
(b) 
Groundwater.
[1] 
Land on which unenclosed compost is to be stockpiled must be located a minimum distance of 300 feet from any private well and 1,500 feet from any public well.
[2] 
No unenclosed compost storage may be located over a sole source aquifer unless a double liner with a leak detection system between the liners is provided.
[3] 
No facility may be located in an area with a seasonably high water table less than 1.5 feet from the surface.
(4) 
Soils.
(a) 
Facilities shall be located, wherever possible, in areas of low soil permeability and high ion-exchange capacity.
(5) 
Accessibility.
(a) 
Facilities shall be located, where feasible, on sites close to the sludge source in order to minimize the risks involved in transport.
(b) 
Sites selected shall be accessible through routes which avoid residential streets and sensitive receptors to minimize the potential for exposure to pathogens.
H. 
Facility standards.
(1) 
Process system design and operation.
(a) 
The aeration and temperature of the system must be controlled to maximize the rate of biological decomposition, thus facilitating rapid processing of the sludge, avoiding dieoff, and minimizing the potential for backups or breaks in the system's flow. Plans for any facility must demonstrate that inhibitory temperatures (greater than 60º C.) will not be reached in more than 10% of the material, regardless of height, except during curing. Forced pressure aeration in conjunction with a temperature feedback system to control ventilation must be used unless another proposed control system can be shown to provide equivalent or superior results. The ventilation system must be capable of delivering adequate air during periods of peak demand.
(b) 
All materials being composted must achieve at least the minimum temperature for the period necessary to ensure pathogen kill (55º C. for three days).
(c) 
In order to minimize the potential impacts of noise, dust, odor, vectors and pathogens on the community's health and well-being, all portions of the facility must be enclosed to the maximum extent possible which will still permit proper functioning of the selected process.
(d) 
Equipment and/or methodology must be employed which will ensure that odors resulting from the presence or processing of composting-related materials will not pass beyond the site's boundaries.
(e) 
The facility design and operating plan must provide for the proper collection, analysis, treatment and disposal of all leachate, runoff and condensate. Wherever possible, production of such effluents must be minimized through proper design and operation of the facility. Acceptable treatment and disposal must be determined on the basis of periodic analyses once the facility is functioning, but a preliminary determination based on sludge analysis must be made as part of the application.
(f) 
Dust must be controlled on the site through proper design and/or operating controls.
(g) 
Negative pressure must be employed when accepting dewatered sludge at the facility storage or process area in order to minimize odor, dust and pathogen escape.
(h) 
Facilities will be permitted to accept delivery of materials Monday through Friday between 9:00 a.m. and 4:00 p.m. only, unless it can be demonstrated that there will be no negative impact on residences and other sensitive receptors either in the area of the facility or along access routes if these periods are expanded. The same restrictions shall apply to the pickup of compost.
(i) 
The facility shall make proper provisions to protect the health, safety and welfare of all its employees and of all persons visiting the site.
(j) 
All fire-fighting facilities shall be adequate to insure prompt and safe fire control. An emergency response program in the event of fire and/or explosion must be developed.
(k) 
An adequate number of properly trained personnel must be employed at all times.
(2) 
Storage. The storage of sludge, compost and bulking agents shall be in accordance with the following standards:
(a) 
Sludge.
[1] 
It is recommended that all sludge storage be totally enclosed. When stored unenclosed on site, sludge shall be in containers or tanks, aboveground and placed on an impervious surface which is designed to serve as a spill basin. Transfer of sludge from storage to processing shall be accomplished in a manner which precludes the release of any sludge to the environment.
[2] 
The storage area shall have the capacity to contain a sufficient supply of sludge to prevent any break in process flow if such a break would affect process efficiency. An alternate storage, treatment or disposal site for the sludge must be identified for use in the event of system malfunction. Sludge may not remain stored on the site in an unprocessed condition for any period that will lead to odor or other problems, and in no case may unstabilized sludge remain unprocessed for more than three days.
(b) 
Compost and bulking agents.
[1] 
It is recommended that all composted material and bulking agents stored on the site be totally enclosed. If the facility design does not provide for total enclosure, the following are required: an impermeable pad which does not permit runoff; a leachate collection, analysis, treatment and disposal plan; a roof and screening from roof to pad on at least three sides to minimize leachate and airborne particles.
[2] 
Unenclosed compost and bulking agent must be kept a minimum distance of 150 feet from property lines and may not be stockpiled on land lying within 200 feet of surface waters, 300 feet of a private well or 1,500 feet of a public well.
[3] 
Sufficient storage shall be provided for bulking agent(s) to ensure there will be no interruption of process flow.
[4] 
Sufficient storage shall be provided for the compost to cope with fluctuations in market demand.
(c) 
Buffer.
[1] 
The buffer zone surrounding the site shall contain a mix of trees and shrubs, including evergreens, to serve as a wind barrier, helping to prevent the dispersion of dust, pathogens and odors.
[2] 
A minimum six-foot fence shall be provided to limit site access.
I. 
Testing/monitoring.
(1) 
Sludge.
(a) 
The source(s) and monthly volume of the sludge must be stated, as well as its physical nature (liquid, thickened, dewatered) and the type(s) of stabilization used.
(b) 
Analytical data, including but not limited to the following, shall be provided: heavy metals, toxic organics, pesticides, petroleum hydrocarbons.
(c) 
Testing of sludge will continue on a monthly basis.
(2) 
Bulking agent.
(a) 
The nature, source and characteristics of the bulking agent must be provided, including a statement of any contamination which may be present, either naturally or as a result of processing or treatment.
(b) 
An analysis of the bulking agent for these contaminants will be provided where deemed appropriate by the licensing agency.
(c) 
Such analyses will be conducted periodically once a facility is on line, the frequency to be determined on a case-by-case basis.
(3) 
Compost.
(a) 
Compost will be analyzed for moisture, volatile solids, pH, N, phosphorous, soluable potash, carbon/nitrogen ratio and heavy metals, as well as for any other constituents which the licensing agency deems necessary based on the sludge and bulking agent analyses.
(b) 
Testing will be conducted monthly for the first year and quarterly thereafter if no significant fluctuations are indicated.
(4) 
Process oxygen and moisture levels, temperature and time.
(a) 
These factors will be monitored on a continual basis to ensure that minimum temperature and times are achieved, inhibitory temperatures and conditions are avoided, and process flow is uninterrupted.
(5) 
Air quality.
(a) 
A preconstruction evaluation of Aspergillus, hydrogen sulfide and total suspended particulate levels must be provided based on monitoring data from sampling stations located at the borders of the proposed site and at any sensitive receptors within 1,000 feet of the site. Such sampling must be conducted in both dry and rainy weather. One solid week of monitoring will be followed by two days (varying) per week for a total of 12 weeks. In addition, monitoring for volatile organics must be conducted if sludge analysis indicates a potential problem.
(b) 
Postconstruction monitoring will be required at the preconstruction sampling sites. The above monitoring process will be repeated once the facility is fully operational. Regardless of the initiation date, monitoring must occur for a minimum of 12 weeks. In addition, any stacks or vents in the process portion of the facility must be monitored. The need for and frequency of continued monitoring will be based on the analysis of pre- and post-construction monitoring results.
(6) 
Noise.
(a) 
Noise levels in the area of all sensitive receptors within 1/2 mile of the site and along access roads must be evaluated prior to facility construction.
(b) 
Monitoring of these sites will continue following facility construction to determine if there are significant increases in noise levels which may affect sensitive receptors. Such monitoring will be required for a period of six months after the facility is fully operational or at any time when changes in operations or transport may lead to increased noise levels.
(7) 
Groundwater.
(a) 
Preconstruction sampling will be conducted to determine existing water quality. Locations and numbers of sampling sites will be determined on a case-by-case basis. Water will be evaluated for nitrogen, heavy metals, total organic carbon, total suspended solids, total dissolved solids, total organohalides, and indicator organisms.
(b) 
Postconstruction monitoring for the same parameters will be conducted. The frequency of such monitoring will be determined on a case-by-case basis and will be based upon site hydrogeological conditions, facility design and other relevant factors.
(8) 
Surface water.
(a) 
Preconstruction sampling of adjacent or on-site surface waters will be conducted for the substances listed in Subsection J(7) above. Upsite and downsite samples will be taken where appropriate.
(b) 
Postconstruction monitoring will be conducted for the same substances. Frequency of sampling will depend upon hydrogeological conditions, facility design and any other relevant factors.
(9) 
Leachate, condensate and runoff.
(a) 
Tests for heavy materials, indicator organisms, suspended solids, BOD, and COD or TOC must be conducted on all effluents collected.
(b) 
These tests will be conducted on a monthly basis.
J. 
Disposal.
(1) 
Compost.
(a) 
Use restrictions. The facility must inform compost purchasers of the guidelines and restrictions which pertain to the use and application of sludge. These include:
[1] 
No application to crops for human consumption or to home lawns.
[2] 
Maintaining the required distance from surface waters and wells.
(b) 
Packaging and removal.
[1] 
Compost must be packaged in an enclosed area or in a manner which minimizes the generation of airborne particulates.
[2] 
Bags or other containers must be completely sealed before the compost is removed from the facility.
[3] 
No unpackaged compost may be sold for removal unless it can be demonstrated that the loading and transport of the compost will be accomplished in a manner which minimizes the generation of airborne particles or spillage.
(c) 
Unsold material.
[1] 
Provisions must be made for the storage or disposal of unsold compost in an environmentally sound manner at a facility licensed to accept such materials.
[2] 
At no time will the facility be permitted to accumulate unenclosed compost on site or to store the unsold compost in nondesignated storage enclosures without prior approval by the licensing agency.
[3] 
Removal of unsold compost from the facility must be accomplished according to the procedures in Subsection K(1)(b) above.
(2) 
Residuals. Residual materials which cannot be recycled through the composting process may not be stored on site and must be disposed of at a waste disposal facility which is licensed to accept such materials.
(3) 
Leachate, condensate and runoff. Following analysis to determine constituents, all water collected on site must be sent to an appropriate treatment plant for processing and disposal.
K. 
Recordkeeping/report submission. The following will be submitted to the Department of Health:
(1) 
Materials analysis. Sludge, bulking agent and composting analyses reports must be submitted on the following basis:
(a) 
Sludge: monthly;
(b) 
Bulking agents: determined on a case-by-case basis;
(c) 
Compost: monthly the first year, quarterly thereafter.
(2) 
Process measurements. Process reports on temperature, time, moisture and oxygen must be submitted monthly.
(3) 
Air quality. Postconstruction air monitoring data must be submitted on a weekly basis.
(4) 
Noise. Noise monitoring data will be submitted monthly for the first six months of the facility's operation. If noise levels are acceptable, reports will no longer be required until such time as changes in operations may lead to increased noise levels.
(5) 
Water quality. Postconstruction water monitoring data must be submitted monthly.
(6) 
Leachate. Condensate and runoff analysis reports must be submitted monthly.
(7) 
Users. User data reports must be submitted immediately if the compost is to be stored or applied on land within the community. Noncommunity users need not be reported.
L. 
Fees.
(1) 
License application.
(a) 
Construction. A one-thousand-dollar fee will be charged for the construction license application.
(b) 
Operation. A one-thousand-five-hundred-dollar fee will be charged for the operating license application.
(2) 
Consultant review. The applicant shall pay into an escrow fund an amount equal to 0.5% of the proposed facility cost. The municipality may use this fund to employ a qualified consultant to review and prepare a written evaluation of the applicant's submission and to provide expert testimony, if required. Excess funds shall he returned to the applicant following completion of the consultant's tasks.
(3) 
License fee. The yearly license fee shall be $1,500 payable upon issuance of the initial license and at twelve-month intervals thereafter. The license for the operation will be issued for a period of five years. The license may not be transferred without the consent of the licensing agency.
M. 
Enforcement.
(1) 
Inspection.
(a) 
The authorized representative(s) of the licensing agency shall be entitled to make reasonable inspections of the site prior to and during facility construction and operation to determine if the requirements of this section are being met.
(b) 
The authorized representative(s) shall inspect the completed facility prior to the issuance of an operating license as described in Subsection G(2)(b) and prior to implementation of modifications as described in Subsection G(2)(d)[5].
(c) 
The authorized representative(s) shall inspect the facility upon receipt of a complaint regarding the facility or whenever testing and/or monitoring results indicate a problem exists.
(2) 
Notice of violation. When the authorized representative(s) determines that the facility is operating in violation of this section, he or she shall notify the licensee in writing, either by certified mail or in person. The notice shall state the location of the operation and the subsection of this section which is being violated and shall contain an itemized list of the requirements necessary to effect compliance with this section. The notice shall also grant the licensee a compliance period, determined by the Health Officer, within which to correct any violation. Any licensee who fails to comply with the order within the time granted may have their license suspended or be fined until the order is complied with. The licensee may appeal any determination of violation to the Township Council by serving written notice of appeal upon the Township Clerk within five days from the date of service of the violation notice.
(3) 
Fines. If, after notification to correct by the Health Officer, the violation(s) are not corrected, a fine of up to $1,000 per day per violation will be imposed.
(4) 
Suspension of operating license. If it is found that the failure to correct violations is endangering the health and well-being of Township residents, the facility's operating license will be suspended until such time as the violations are corrected. The facility will be required to implement its provisions for alternate processing, storage and/or disposal as described in their engineering designs and specifications, Subsection G(2)(a)[3][a][ix], until the license is restored.