[Adopted by Ord. No. 670 (Sec. 17-12 of the 1997 Revised General Ordinances)]
[Amended by Ord. No. 850-90; Ord. No. 887-91]
Unless the context of usage indicates otherwise, the meaning
of specific terms in this article shall be as follows:
The Federal Clean Water Act, as amended.
The quantity of oxygen used in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20°C., expressed in milligrams per liter.
The extension from a building wastewater plumbing facility
to the public wastewater facility. The installation and maintenance
of a building sewer is the sole responsibility of the owner, not the
Utility.
The City of Cape May and its Water and Sewer Utility.
The Cape May County Municipal Utilities Authority.
A sewer intended to receive both wastewater and stormwater
or surface water.
Includes any property occupied by a nonresidential establishment
not within the definition of an "industry user (Class III)," and which
is connected to the wastewater facilities.
The twenty-four-hour period beginning at 12:01 a.m.
The United States Environmental Protection Agency.
Those costs which are over and above normal operating and
maintenance costs incurred as a result of actions of a person or persons.
The solid animal and vegetable wastes resulting from the
domestic or commercial handling, storage, dispensing, marketing, preparation,
cooking, and serving of foods or food products.
Any nonresidential user whose waste does not meet the restricted discharge requirements set forth in § 510-11B of this article.
Inhibition or disruption of any sewer system, wastewater
treatment process, sludge disposal system, or their operation, which
substantially contributes to a violation of applicable discharge permits.
The extension between the Utility's main and the owners building
sewer inside the curb at a point of connection determined by Superintendent.
The Utility shall maintain the lateral from the main to the point
inside the curb where the owner's building sewer is connected.
Any outlet into a watercourse, pond, ditch, lake, or any
other body of surface or groundwater.
The New Jersey Department of Environmental Protection.
National Pollutant Discharge Elimination System permit program,
whether administered by the EPA or by the State of New Jersey.
The person or persons who legally own, lease, or occupy private
property with wastewater facilities which discharge, or will discharge,
to the wastewater facilities.
The logarithm of the reciprocal of the hydrogen ion concentration
expressed in grams per liter of solution as determined by Standard
Methods.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to discharge to the wastewater facilities.
Garbage that has been shredded to such a degree that all
particles will be carried freely under flow conditions normally prevailing
in the wastewater sewers, with no particle greater than 1/2 inch in
any dimension.
Premises used only for human residency, which does not have
any commercial use, and which is connected to the wastewater facilities.
Wastewater discharged from the sanitary conveniences of dwellings,
office buildings, industrial plants, or institutions.
The discharge of water, sewerage, or industrial waste which
in concentration of any constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour flow or concentration under normal operating
conditions.
The latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the American Public Health Association,
Water Pollution Control Federation and American Water Works Association.
The State of New Jersey.
A sewer for conveying stormwater, surface water, and other
permitted waters, which is not intended to be transported to a treatment
facility.
The person designated by the City Manager to supervise the
Water and Sewer Utility.
Water which occurs when the rate of precipitation exceeds
the rate at which water may infiltrate into the soil.
The total suspended matter that either floats on the surface
of or is in suspension in water or wastewater as determined by Standard
Methods.
Any of the pollutants designated by federal regulations pursuant
to Section 307(a)(1) of the Act.
The City of Cape May Water and Sewer Utility.
A combination of liquid and water-carried wastes from residences,
commercial buildings, industries, and institutions, together with
any groundwater, surface water, or stormwater or other infiltration
that may be present.
The combination of the wastewater sewers, pumping stations,
appurtenances and treatment facilities.
The structures, processes, equipment and arrangements necessary
to collect and transport wastewaters to the treatment facility.
The structures, processes, equipment and arrangements necessary
to treat and discharge wastewater.
The Water Pollution Control Federation.
A.
Purpose. The purpose of this article is to provide for the maximum
possible beneficial public use of the wastewater facilities through
regulation of sewer construction, sewer use and wastewater discharges;
revise rates to allocate the costs thereof; and to provide procedures
for complying with the requirements contained herein.
B.
Scope. The definitions of terms used in this article are found in § 510-1. The provisions of this article shall apply to the discharge of all wastewater to facilities in the City. This article provides for use of the wastewater facilities, regulation of sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment required, sewer construction plans, issuance of wastewater discharge permits, minimum sewer connection standards and conditions, rates to allocate costs of providing wastewater facilities, and penalties and other procedures in cases of violation of this article.
C.
Administration. Except as otherwise provided herein, the Superintendent
of the Water and Sewer Utility, or his designee, shall administer,
implement and enforce the provisions of this article.
D.
Notice of violation. Any person found in violation of this article, or any requirement of a permit issued hereunder, may be served with a written notice stating the nature of the violation and providing a reasonable time limit for compliance. Any such notice given shall be in writing and served in person or by registered or certified mail. The notice shall be sent to the last known address of the violator. Where the address is unknown, service may be made upon the owner of record of the property involved. If satisfactory action is not taken in the time allotted by the notice, Subsection E below shall be implemented.
E.
Violations and penalties.
(1)
Any person who continues to violate the discharge provisions of this article beyond the time limit provided for in Subsection D, above, shall, upon conviction thereof by the court authorized by law to hear and determine the matter, be fined such sum not exceeding $500 and/or be imprisoned for a term not to exceed 90 days, as such court in its discretion may impose. Such person shall also be subject to disconnection from the wastewater facilities. In addition, if a violation causes an extraordinary expense to any operating component of the wastewater facilities, the person causing such violation shall be liable for the full amount of the extraordinary expense plus any costs incurred by the entity pursuing enforcement of these provisions. The City will transfer any such reimbursement to the person suffering the injury or incurring the expenses. Any person violating any other section of this article shall, likewise, be subject, as applicable, to the aforesaid penalties and costs.
F.
Fines and charges.
(1)
All fines collected under this article shall be payable to the City
and shall be used for the sole purpose of constructing, operating
or maintaining the wastewater facilities or the retirement of debt
incurred for same.
(2)
All fees and charges payable under the provisions of this article
are due and payable to the City upon the receipt of notice of charges;
unpaid charges shall become delinquent and shall be subject to penalty
and interest charges.
G.
Inspections. In accordance with due process of law, City personnel,
or contracted designees bearing proper credentials and identification,
shall be permitted to enter the property of any residential, commercial,
or industrial user of the wastewater sewer at any reasonable time
for the purpose of inspection, observation, measurement, and sampling
of the wastewater discharge to ensure that discharge to the wastewater
facilities is in accordance with the provisions of this article.
H.
Vandalism. No person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance or equipment which is part of the wastewater facilities.
Any person violating this provision shall, upon conviction, be subject
to such penalties as the court, in accordance with law, shall impose.
Further, any person violating this provision shall be responsible
for the correction and repair of the damages incurred by a wastewater
facility.
I.
Accidental spills. Any person, persons, or businesses responsible
in part or in whole for an accidental spill into the sewer system,
onto public or personal property, or into surrounding bodies of water
shall immediately report each occurrence to the Superintendent. If
the Superintendent is not available at the time of the accidental
spill, the responsible person shall make two notifications; the first
being immediately to the Cape May Police Department, and the second
being to the Superintendent of the Utility prior to 12:00 noon on
the next regular workday following the spill.
J.
Reporting. In the case of an accidental discharge, or, if for any
reason a user does not comply, or will be unable to comply, with any
prohibition or limitation in this sewer use chapter, the user responsible
for such discharge shall immediately telephone and notify the Superintendent
and the CMCMUA of the incident. The notification shall include location
of discharge, type of waste, concentration and volume. Furthermore,
such user shall take immediate action to prevent interference with
the wastewater treatment process and/or damage to the wastewater facilities.
Such notification shall not relieve the user of any expense, loss,
damage, or other liability which may be incurred as a result of damage
to the wastewater facilities or other damage to persons or property;
nor shall such notification relieve the user of any fines, civil penalties,
or other liability which may be imposed by this article or other applicable
law.
A.
Waste disposal. It shall be unlawful for any person to place, deposit,
or permit to be deposited in any unsanitary manner on public or private
property within the City of Cape May or in any area under the jurisdiction
of the City any human or animal excrement, garbage, or other objectionable
waste.
B.
Wastewater discharges. It shall be unlawful to discharge without
an NPDES permit to any natural outlet within the City of Cape May
or in any area under its jurisdiction. Wastewater discharges to the
wastewater facilities are not authorized unless in accordance with
provisions of this article.
C.
Wastewater disposal. Except as provided in this article, it shall
be unlawful to construct or maintain any privy, privy vault, septic
tank, cesspool, or other facility intended or used for the disposal
of wastewater.
D.
Connection to wastewater sewer. Any person requesting connection
to the wastewater facilities may only do so through the wastewater
sewers owned by the City. No person may be permitted to directly discharge
into the wastewater facilities owned by the Cape May County Municipal
Utilities Authority (CMCMUA) unless prior written consent is received
from the CMCMUA.
No private wastewater disposal system shall be permitted in
the geographic areas of the City which have wastewater sewers provided.
[Amended by Ord. No. 969-92]
A.
Connection permit.
(1)
No unauthorized person shall uncover, make any connections with or
opening into, use, alter, or disturb any wastewater sewer or a storm
sewer without first obtaining a written permit from the Superintendent.
(2)
There shall be three classes of permits for connections to the wastewater
facilities: Class I residential, Class II commercial, and Class III
industrial. In all cases, the owner shall make application for a permit
to connect to the wastewater facilities. The permit application shall
be supplemented by wastewater information required to administer this
article. A permit and inspection fee shall be paid to the City at
the time the application is filed.
(3)
(Reserved)
[Repealed 2-17-2009 by Ord. No. 190-2009]
B.
Sewer connection and installation fees. Before any connection with a sewer main is made, an application for a permit must be filed with the City in such form as may be prescribed by the Superintendent. The Superintendent or his designated representative will approve or reject the application within 30 days of receipt of the application. No permit may be issued before any and all necessary fees and assurances are received from the applicant. It is the responsibility of the applicant to secure any and all permits that may be required by any city, county, state or federal government agency, or authority prior to the issuance of a City of Cape May utility connection permit. As set forth in Subsections B and C below, there are two fees, the sum of which must be paid prior to the issuance of a sewer connection permit in the City of Cape May.
(1)
Permits and connection fees. Before any connection with a sewer main is made, an application for a permit must be filed with the City in such form as may be prescribed by the Superintendent. The Superintendent or his designated representative will approve or reject the application within 30 days of receipt of the application. No permit may be issued before any and all necessary fees and assurances are receipted from the applicant. It is the responsibility of the applicant to secure any and all permits that may be required by any city, county, state, or federal government agency, or authority prior to the issuance of a City of Cape May utility construction permit. As set forth in Subsection B(1)(a) and (b) below, there are two fees, the sum of which must be paid prior to the issuance of a sewer connection permit in the City of Cape May.
(a)
Sewer unit connection fees. The sewer unit connection fees are calculated to cover the pro rata share of each new "unit" being connected to the sewer system for the capital investment in the sewer collection system. A typical single-family dwelling is considered one residential unit for the purpose of this section. The number of units for commercial, industrial or other sewer connections shall be determined by the Superintendent in accordance with established schedules promulgated by the State of New Jersey and this article. The sewer unit connection fees are in addition to the water service installation fee set forth in Subsection B(1)(b) below.
(b)
Service installation fees. The sewer service installation fees are calculated to cover the cost of materials and labor to actually tap the sewer main under the street, install the sewer service pipe (lateral) from the main to a point near the curb, and other installation parts. The sewer service installation fees are in addition to the sewer unit connection fees set forth in Subsection B(1)(a) above.
(2)
Amount of sewer fees. The following sewer connection and installation
fees shall be paid to the City by a customer prior to any connection
to the City water system:
|
Size of Sewer Lateral
|
Sewer Connection Fee Per Unit
|
Sewer Service Installation Fee
|
|---|---|---|
|
Residential unit
|
$1,500
|
(See below)
|
|
Commercial 1st unit
|
$1,500
|
(See below)
|
|
Commercial 2nd unit
|
$750
|
(See below)
|
|
Commercial 3rd unit
|
$750
|
(See below)
|
|
Commercial 4th unit
|
$750
|
(See below)
|
|
Commercial each:
| ||
|
Additional unit
|
$375
|
(See below)
|
|
Industrial unit
|
$875
|
(See below)
|
|
4-inch sewer tap and lateral
|
$1,531
| |
|
6-inch sewer tap and lateral
|
$3,500
| |
C.
Existing building sewers. Existing building sewers may be used for
connection of new buildings only when they are found, on examination
and test by the Utility, to meet the requirements of this article.
D.
Building sewer design. The size, slope, alignment, construction materials,
trench excavation and backfill methods, pipe placement, jointing and
testing methods used in the construction and installation of a building
sewer shall conform to the building and plumbing code or other applicable
requirements of the NJDEP or the City.
E.
Building sewer elevation. Whenever practicable, the building sewer
shall be brought to a building at an elevation below the basement
floor. In buildings in which any building drain is too low to permit
gravity flow to the wastewater sewer, wastewater carried by such building
drain shall be lifted by an approved means and discharged to a building
sewer draining to the sewer.
F.
Conformance to applicable codes.
[Amended 10-18-2005 by Ord. No. 48-2005[1]]
(1)
The connection of a building sewer into a wastewater sewer shall
conform to the requirements of the building and plumbing code or other
applicable requirements of the City and/or the NJDEP.
(2)
The connections shall be made gastight and watertight and verified
by proper testing. Any deviation from the prescribed procedures and
materials must be approved in writing by the City Plumbing Subcode
Official before installation.
G.
Excavation guards and property restoration. Excavations for building
sewer installation shall be adequately guarded with barricades and
lights so as to protect the public from hazard. Streets, sidewalks,
parkways, and other public property disturbed in the course of the
work shall be restored in a mariner satisfactory to the City.
H.
Protection of capacity for existing users. The City shall not issue
a permit for any class of connection to the wastewater sewers or wastewater
treatment facilities unless there is sufficient capacity, not legally
committed to other users, in the wastewater sewers and treatment facilities
to convey and adequately treat the quantity of wastewater which the
requested connection will add to the system.
[Amended 10-18-2005 by Ord. No. 48.2005][1]
A.
Restricted discharges.
(1)
No person shall discharge or cause to be discharged to any of the
wastewater facilities any substances, materials, waters, or wastes
in such quantities or concentrations which will:
(a)
Create a fire or explosion hazard, including, but not limited
to, gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid, or gas; including but not limited to any liquid having
a flash point lower than 235° F. as determined by the Tagliabue
closed cup method.
(b)
Cause corrosive damage or hazard to structures, equipment, or
personnel of the wastewater facilities, but in no case discharges
having a pH lower than 5.5 or greater than 9.0.
(c)
Cause obstruction to the flow in sewers, or other interference
with the operation of wastewater facilities due to accumulation of
solid or viscous materials.
(d)
Contain fats, wax or grease, or oils, whether emulsified or
not, in excess of 100 mg/l or containing substances which may solidify
or become viscous at temperature between 32° F. and 150° F.
(2)
Have a temperature higher than 150° F. and 65° C.
(3)
Contain phenolic compounds over 1.0 part per million, expressed as
phenol.
(4)
Contain any radioactive substances.
(5)
Have a biochemical oxygen demand (five-day BOD) in excess of 350
milligrams per liter (mg/l).
(6)
Have a suspended solids content in excess of 300 mg/l, or containing
suspended solids of such character of specific gravity that unusual
attention or expense is required to handle or treat such materials.
(7)
Contain corrosive, toxic, deleterious, or poisonous substances in
sufficient quantity to cause injury, damage or hazard to personnel,
structures or equipment, or interfere with the wastewater facilities,
including but not limited to any portion of the liquid or solids treatment
or handling process, or that which will pass through the treatment
facilities in such condition that they will not achieve state, federal
or other existing, pending, or future requirements for the effluent
discharge, including but not limited to the NPDES permit requirements
imposed upon the Cape May County Municipal Utilities Authority.
(8)
Cause unusual volume or concentration of wastes being delivered in
a "slug" manner by which it is meant that the normal (i.e., twenty-four-hour
average) concentration of loadings shall not be exceeded by more than
a factor of 4.0 for any sixty-minute period.
(9)
Have an objectionable color which is not removable in the wastewater
treatment facility.
(10)
Be discharged by tank trucks into manholes or appurtenances
of the wastewater sewer system, including but not limited to septic
tank wastes. These septic tank wastes will, however, be accepted directly
at designated CMCMUA wastewater treatment facilities.
(11)
Contain noxious, malodorous gas or substances which are present
in quantities that create a public nuisance or a hazard to public
health.
(12)
Contain any garbage that has not been properly shredded.
(13)
Contain substances interfering with sludge management: any substance
which may cause the wastewater treatment facilities' sludge to be
unsuitable for reclamation and reuse or to interfere with reclamation
process where the CMCMUA is pursuing a reuse and reclamation program.
In no case shall a wastewater discharged to the wastewater facilities
cause the wastewater treatment facilities to be in noncompliance with
sludge use and disposal criteria, guidelines or regulations developed
by the NJDEP, the USEPA, or any criteria, guidelines, or regulations
affecting sludge use or disposal developed pursuant to the Solid Waste
Disposal Act, the Clean Air Act, the Toxic Substances Control Act,
or the New Jersey Guidelines for the Utilization and Disposal of Municipal
and Industrial Sludges and Septage.
B.
If any wastewaters are discharged or are proposed to be discharged
to the wastewater facilities which consist of the substances or possess
the characteristics enumerated above, or which may be set forth by
regulatory agencies now or in the future, and which, in the judgment
of the City or the Cape May County Municipal Utilities Authority,
have a deleterious effect upon the wastewater facilities or constitute
a public nuisance, the City may:
C.
Water conservation. In an effort to conserve water resources, no
discharger shall be permitted to dilute their waste to avoid violation
of this article.
[1]
Editor's Note: This ordinance deleted former Subsection A,
pertaining to restricted connections, and redesignated former Subsections
B and C as Subsections A and B, respectively.
