[Adopted 3-23-1982]
[Amended 11-10-2004 by Ord. No. 2004-17; 11-10-2004 by Ord. No. 2004-20]
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this chapter clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory. The definitions below are the
same as or based on corresponding definitions in the New Jersey Pollutant
Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A 1.2.
Any building or structure designed for temporary or permanent
use or occupancy by persons and which is connected, directly or indirectly,
with the system.
All waste other than waste generated by residential dwellings,
office buildings, retail sales and service establishments, churches
or similar uses.
Each building designed or used for anything other than residential
use, without regard to the number of house connections from such building
to the system.
Waste and wastewater from humans or household operations.
Any physical or nonphysical connection that discharges domestic
sewage, noncontact cooling water, process wastewater or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Township of South Hackensack, unless that discharge
is authorized under a NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical
connections may include, but are not limited to, leaks, flows or overflows
into the municipal separate storm sewer system.
Nondomestic waste, including, but not limited to, those pollutants
regulated under Section 307(a), (b) or (c) of the Federal Clean Water
Act [33 U.S.C. § 1317(a), (b), or (c)].
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels or storm drains) that is owned or operated
by the Township of South Hackensack or other public body and is designed
and used for collecting and conveying stormwater.
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules at N.J.A.C. 7:14A
Water used to reduce temperature for the purpose of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat) or finished product. Noncontact
cooling water may, however, contain algaecides or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontact cooling water.
Each building or each part thereof designated for or used
as a residence or abode by a single family without regard to the number
of house connections from such building to the system. Each single
family using said building shall be considered a separate "residential
user."
The charge herein imposed for the use, services and availability
of the system upon the owners of the buildings served or which could
be served thereby.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities or is conveyed by snow removal equipment.
The sanitary sewerage system constructed, owned or operated
by the Township or such system constructed, owned or operated by another
municipality the use of which has been provided by this Township,
either of which serves for the collection and disposal of sanitary
sewage and other wastes.
[Amended 8-10-2000 by Ord. No. 10-00]
No person shall discharge or cause to be discharged
into the sanitary sewer system of the Township of South Hackensack
any commercial or industrial waste unless and until the necessary
permit is obtained and the fee paid therefor.
A.
Permits may be granted by the Plumbing Subcode Official
to make connections with the sewer system for the discharge of industrial
or commercial waste consisting of water or other fluid that will not
deposit a sediment or other obstruction, and which will also conform
to the rules and regulations, now or hereafter established by the
Township of South Hackensack and the Bergen County Utilities Authority,
concerning the receipt and the treatment of industrial or commercial
waste, as well as each and all of the provisions of this Article,
as well as the rules and regulations now or hereafter established
by the Bergen County Utilities Authority, concerning the receipt and
the treatment of industrial or commercial waste. A written application
for such permit shall be made to the Plumbing Subcode Official upon
forms provided for that purpose, and the applicant shall pay the fee
established by ordinance to cover examination and processing thereof,
which application shall, among other things, state:
(1)
The full name and address of the applicant; if the
applicant is a partnership, the full names and addresses of all the
partners shall be stated; if a corporation, that fact shall be stated.
(2)
The nature of the business or industry of the applicant.
(3)
The location and dimensions of the premises upon which
the business or industry is to be or is carried on, together with
a simple plot plan showing the several boundary lines of the property
and the location and dimensions of all buildings thereon.
(4)
The character, chemical content and physical and chemical
properties of the industrial or commercial waste proposed to be deposited
in the sewer system.
(5)
The approximate quantity of industrial or commercial
waste to be deposited in said system per day.
(6)
The hours of each day during which said industrial
or commercial waste will be deposited in said sewer system.
(7)
Where practicable, data indicating the hours of peak,
minimum and mean flow of such industrial or commercial waste into
said sewer systems.
(8)
Such other or further information or data as the Plumbing
Subcode Official may from time to time require.
B.
The Plumbing Subcode Official shall determine the
terms and conditions, if any, for the granting of said permit to deposit
industrial or commercial waste in said sewer system (should such applicant's
application be approved by it), and each and all of such terms and
conditions shall be placed on a written permit to be issued.
C.
Any significant changes in the quantity, character,
chemical content or in the physical or chemical properties of the
industrial or commercial waste of any holder of a special permit granted
under this Article which occur after a permit has been granted or
which occur in the interval between the filing of the application
for a permit and the issuance of same shall be forthwith reported
in writing to the Plumbing Subcode Official.
Any person, firm or corporation which is at the effective date of this Article already depositing industrial or commercial wastes into the sewer system of the Township of South Hackensack shall, within 30 days following written request from the Plumbing Subcode Official, file with said Official a written application for a permit to continue to do so, which application shall contain the matters and things specified in § 180-8 hereof.
The granting of a permit by the Plumbing Subcode
Official to discharge industrial or commercial waste into said sewer
system in any one or more instances shall not be construed in such
ways as to establish a precedent binding upon said Plumbing Subcode
Official which will compel him or her to grant future applications
for a permit to discharge the same or similar industrial or commercial
waste into said sewer system, but instead such permit may be modified
or revoked at any time in addition to any causes for modification
or revocation contained herein by the Plumbing Subcode Official when
it is determined by it that the terms and conditions of said permit
have been violated or that the licensee's deposits in said sewer system
will overburden its capacity or impair its operation to the detriment
of other users of said sewer system. In addition, such permit may
be modified or revoked for any other cause deemed good and sufficient
therefor by said Plumbing Subcode Official. Except under emergency
conditions, no permit will be revoked without a hearing into the facts
concerning the situation leading to the proposed action.
[Amended 3-17-1983; 3-31-1989; 6-26-1989; 3-21-1996 by Ord. No. 96-1(a)]
A.
All users of the sanitary sewer system of the Township which, for the purpose of this article of this chapter, includes the facilities of other municipalities the use of which is provided by this Township under a contract with another municipality, shall pay a fee for the discharge of wastes in that sanitary sewer system. Excepted from this fee, however, shall be single users under intermunicipal contracts, the terms of which provide otherwise. Said fee shall be based either upon the total cubic feet of water consumed upon the particular premises of the user as determined by water meter readings and/or well meter readings or upon the total cubic feet of waste deposited into the system as determined by a sanitary sewer meter if the user provides the same and maintains it in accordance with the reasonable regulations of the Superintendent of Public Works to assure its accuracy or by such other means as hereinafter provided. Such fee shall be paid in accordance with the schedule provided in Chapter 108, entitled "Fees."
[Amended 12-19-1996 by Ord. No. 96-14; 8-10-2000 by Ord. No. 10-00]
B.
The fee for all users, including residential, commercial
and well users, shall be calculated and billed annually and shall
be payable to the Tax Collector in four quarterly installments due
on February 1, May 1, August 1, and November 1, at the place where
real property taxes are paid; the failure to bill for such charges
shall not relieve the owner of any property subject to this charge
from the obligation to pay such charges as provided herein. The Tax
Collector shall charge upon any delinquent account of such sewer user
charge interest and penalties at the same rate and in the same amounts
as may then be charged against delinquent accounts of municipal taxes
pursuant to N.J.S.A. 54:4-67 and the resolutions of the Township Committee
adopted pursuant thereto, if required, as though those accounts for
sewer user charges were separate accounts of municipal taxes. At such
time as the Tax Collector may hereafter choose, all accounts of sewer
user charges levied under this chapter may be added to the account
for municipal taxes charges against the respective property and, at
such time as all of such accounts are so merged, the Collector may
thereafter add delinquencies in accounts for sewer user charges to
municipal tax accounts for the same property and treat delinquencies
in both cumulatively for the purpose of calculating interest and penalties
under N.J.S.A. 54:4-67.
[Amended 4-12-2001 by Ord. No. 6-01]
C.
Timing or scheduling of biochemical oxygen demand
and total suspended solids sampling/testing. The surcharge for biochemical
oxygen demand and suspended solids in industrial users will be based
upon a minimum of one sample per quarter or the average of all samples
of that quarter. Based on those results, the Township shall allocate
to the user any or all surcharges billed by the Bergen County Utility
Authority or other entity treating the effluent.
[Added 6-23-2000 by Ord. No. 4-00]
D.
Testing procedures. All measurements, tests and analyses
of the characteristics of waters and wastes, to which reference is
made above, shall be determined in accordance with the latest edition
of "Standard Methods for the Examination of Water and Sewage" published
by the American Public Health Association or its equivalent, and shall
be determined at the control manhole designated by the Municipal Engineer
and upon notice to the industrial user or, at the option of the Township,
upon suitable samples taken at another location. The Township can
share information or samples with an industrial user in the spirit
of cooperation. 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 building sewer
is connected.
[Added 6-23-2000 by Ord. No. 4-00]
E.
In the event that any fee charged shall remain unpaid
for a period of 30 days from the date it shall become due, the deposits
or said wastes into the sewer system shall be discontinued. All bills
paid beyond the period of 10 days after they are due shall be paid,
together with interest, at the same rate as due upon real property
in the Township of South Hackensack and shall be a lien upon lands
and buildings thereon until paid. The Township shall have the same
remedies for the collection thereof with interests, costs and penalties
as it has by law for the collection of taxes on the real property.
[Amended 3-17-1983; 12-19-1996 by Ord. No.
96-14]
The owner of a property on which there is located
a privately owned water well which is connected to a water system
that is eventually discharged into a sanitary sewer system of the
Township must install and maintain a sanitary sewer meter at the point
of discharge into the sanitary sewer system of the Township for the
computation of the sewer rental fee for such property. Such meter
shall be of type and design approved by the Department of Public Works
and shall be installed by the owner at his or her own cost and expense
on or before June 30, 1983.
Should the Plumbing Subcode Official revoke
a permit to discharge industrial or commercial waste into the sewer
system, the discharge of such industrial or commercial waste therein
by the person, firm or corporation affected by such revocation shall
be immediately discontinued and shall not thereafter be resumed. Any
person, firm or corporation who or which discharges industrial or
commercial waste into the sewer system after such revocation shall,
for each day on which such discharge occurs, be deemed to be guilty
of a separate violation of this Article and shall be separately punished
for each such violation.
Should the Plumbing Subcode Official modify
a permit to discharge industrial or commercial waste into the sewer
system, the subsequent discharge of industrial or commercial waste
therein by the person, firm or corporation affected by such modification
shall be in strict conformity with such modification or modifications.
Any person, firm or corporation who or which discharges industrial
or commercial waste into the Township sewer system after modification
of such permit in violation of the terms of such permit as modified
shall, for each day on which such a discharge occurs, be deemed to
be guilty of a separate violation of this article and shall be separately
punished for each such violation.
The right is reserved by the Plumbing Subcode
Official to stop and prevent at any time the discharge into the sewers
or laterals of any industrial or commercial waste.
Disposal into the sewer system by any person
shall not be permitted unless the waste material is in compliance
with standards promulgated pursuant to the Federal Water Pollution
Act of 1972, as amended, plus any more stringent standards promulgated
by the State of New Jersey, Township of South Hackensack and the Bergen
County Utilities Authority.
[Amended 11-10-2004 by Ord. No. 2004-17]
The spilling, dumping or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by the Township of South Hackensack is prohibited. The spilling,
dumping or disposal of materials other than stormwater in such a manner
as to cause the discharge of pollutants to the municipal separate
storm sewer system is also prohibited.
[Added 11-10-2004 by Ord. No. 2004-17]
The following are exceptions to prohibited discharges:
A.
Water line flushing and discharges from potable water
sources.
B.
Uncontaminated ground water (e.g., infiltration, crawl
space or basement sump pumps, foundation or footing drains, rising
ground waters).
C.
Air-conditioning condensate (excluding contact and
noncontact cooling water).
D.
Irrigation water (including landscape and lawn watering
runoff).
E.
Flows from springs, riparian habitats and wetlands,
water reservoir discharges and diverted stream flows.
F.
Residential car washing water and residential swimming
pool discharges.
G.
Sidewalk, driveway and street wash water.
H.
Flows from fire-fighting activities.
I.
Flows from rinsing of the following equipment with
clean water:
(1)
Equipment used in the application of salt and
de icing materials immediately following salt and de icing material
applications. Prior to rinsing with clean water, all residual salt
and de icing materials must be removed from equipment and vehicles
to the maximum extent practicable using dry cleaning methods (e.g.,
shoveling and sweeping). Recovered materials are to be returned to
storage for reuse or properly discarded.
(2)
Rinsing of equipment, as noted in the above
situation, is limited to exterior, undercarriage and exposed parts
and does not apply to engines or other enclosed machinery.
The control of all odors emanating from a building
sewer shall at all times be the responsibility of the owner of the
connection. Such person, firm or corporation shall take all necessary
steps to eliminate undue odors at their source or to install means
and methods, such as traps, drafts, stacks, flap valves or other devices,
to prevent the discharge of development of offensive odors within
the sewers. The cost of such devices and all attendant expenses shall
be borne solely by the owners of the premises.
Whenever it is claimed that the provisions of
this Article do not apply or that the true intent and meaning of the
Article has been misconstrued or that a decision of the Township official
made hereunder has been an improper one, or for any other grievance
arising hereunder, the aggrieved claimant may appeal the decision
or the grievance in writing to the Township Committee, in which event
the matter will be set down for a special hearing, at which time all
interested persons shall present evidence relevant to the subject
matter of such hearing. Notice of said hearing in writing shall be
given to the aggrieved claimant at least 10 days in advance by mailing
same to the claimant's last post office address. Appeals shall be
made 45 days after the grievance arises or after the rendering of
a decision by the Township official.
[Amended 12-19-1996 by Ord. No. 96-14; 2-14-2008 by Ord. No.
2008-02]
Any person firm, or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punished
by a fine not exceeding $2,000, imprisonment for a term not exceeding
90 days, a period of community service not exceeding 90 days, or any
combination thereof. Each day the same is violated shall be deemed
and taken to be a separate and distinct offense.
