[Adopted 1-4-1989 by Ord. No. 23-1988]
Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows:
AUTHORITY
The Atlantic County Utilities Authority.
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter or in satisfying the oxygen demand of other materials present during incubation for a given time and at a specified temperature. It shall be reported as the amount of oxygen, expressed in milligrams  per  liter, used in a period of five days at 20º C.
CHLORINE DEMAND (expressed in milligrams per liter)
The difference between the amount of chlorine added to wastewater and the amount of residual chlorine remaining at the end of a twenty-minute contract period.
COD (denoting "chemical oxygen demand")
The amount of oxygen required for the complete chemical oxidation of organics and oxidizable organics in a liquid.
COMBINED WASTE
A wastewater containing surface or storm water.
COMMERCIAL USER
Any mercantile, establishment or place of business discharging less than 25,000 gallons per day of sanitary waste or its equivalent to the (local) sewer system. See definition of "sanitary waste."
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria and such other additional pollutants as are now or may be in the future specified and controlled in the Authority's NPDES permit for its wastewater treatment plant where said plant has been designed and used to reduce or remove such pollutants.
COOLING WATER
The water discharged from any system of condensation, air conditioning, cooling, refrigeration or other sources. It shall contain no polluting substances which would produce BOD, SS, or toxic substances as limited in § 252-34 of these regulations.
COUNTY SEWER SYSTEM
All intercepting sewers, pumping stations, force mains, wastewater treatment plants and appurtenances thereto owned and operated by the Atlantic County Utilities Authority.
EFFLUENT
Wastewater, after some degree of treatment, flowing out of any treatment device or facility.
EQUIVALENT DWELLING UNIT (EDU)
A dwelling or structure normally occupied by a single family.
FORCE MAIN
A pipeline carrying flow under pressure.
GREASE or OIL
Any material which is extractable from an acidified sample of a waste by hexane or other designated solvent.
INCOMPATIBLE POLLUTANT
Any pollutant which is not a compatible pollutant as defined in this article.
INDUSTRIAL USER
A. 
Any nongovernmental, nonresidential user of the local sewer system which discharges more than the equivalent of 25,000 gallons per day of sanitary wastes and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under one of the following divisions:
B. 
Division A, Agriculture, Forestry and Fishing.
C. 
Division B, Mining.
D. 
Division D, Manufacturing.
E. 
Division E, Transportation, Communications, Electric, Gas and Sanitary Services.
F. 
Division I, Services.
G. 
Any nongovernmental user of the local sewer system which discharges wastewater containing incompatible pollutants subject to pretreatment standards.
H. 
Any nongovernmental user of the local sewer system which discharges wastewater containing pollutants which would interfere with or prohibit the treatment and/or disposal of waste sludges.
INDUSTRIAL WASTES
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. Section 1317(a), (b), or (c)].
[Amended 2-16-2005 by Ord. No. 2-2005]
INFILTRATION
Water entering the local sewer system from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow.
INFLOW
Water discharged into the local sewer system from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, stormwaters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, infiltration.
INFLUENT
Wastewater, raw or partly treated, flowing into any wastewater treatment device or facilities.
INTERCEPTING SEWER
An Authority-owned sewer which receives a flow from a local sewer.
LOCAL AUTHORITY
The Board of Commissioners of the City of Brigantine.
LOCAL SEWER
Any sewer or system of sewers which receives flow from a local sewer.
LOCAL SEWER SYSTEM
All intercepting sewers, force mains, pumping stations and appurtenances thereto owned and operated by the City of Brigantine.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone and the oceans pursuant to Section 402 of P.L. 92-500.
PERSON
Any individual, firm, company, partnership, corporation, association, group or society, and includes the State of New Jersey, and agencies, districts, commissions and political subdivisions created by or pursuant to state law.
pH
The logarithm of the reciprocal of the hydrogen ion concentration.
POLLUTANTS
May be so defined now or hereafter by appropriate local, state or federal agencies or by the Authority; or substances which may be present in wastewater, whether gaseous, liquid or solid, the amount of which may contain soluble or insoluble solids of organic or inorganic nature which may deplete the dissolved oxygen content of natural waters, contribute solids, contain oil, grease or floating solids which may cause unsightly appearance on the surface of such waters or contain materials detrimental to aquatic life.
PREMISES
Any parcel of real property, including land, improvements or appurtenances, and buildings, ground, etc.
PRETREATMENT
Application of physical, chemical and biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater into the County sewer system.
PRETREATMENT STANDARDS
All applicable federal rules and regulations implementing Section 307 of P.L. 92-500, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied.
PUMPING STATION
A facility in which wastewater is conveyed from a lower hydraulic elevation to a higher hydraulic elevation using mechanical or pneumatic devices.
REGULATORY AGENCY
Agencies, such as but not limited to the New Jersey Department of Environmental Protection, the United States Environmental Protection Agency and the United States Corps of Engineers, which have authority over the operation of the local sewer system.
RESERVED CAPACITY
Any portion of the county or local sewer system which has been exclusively reserved by and for a user through a formal, written agreement between the user and the Authority.
RESIDENTIAL USER
The owner or occupants of any residence, apartment, condominium, mobile home or other dwelling permanently connected to the local sewer system.
SANITARY WASTE
Wash water, culinary wastes and liquid waste containing only human excreta and similar matter, flowing in or from a building drainage system or sewer originating in a dwelling, business building, factory or institution. For the purposes of this article, sanitary waste shall be characterized as containing 250 milligrams per liter BOD and 250 milligrams per liter total suspended solids.
SEWER
A pipe or conduit, generally closed, for carrying wastewater.
SHREDDED GARBAGE
Garbage shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle having a dimension greater than 1/2 inch in any direction.
SS (denoting "suspended solids")
The laboratory determination of the dry weight expressed in milligrams per liter of solids that either float on the surface, are in suspension or are settleable and can be removed from wastewater by filtering through a Gooch crucible.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Amended 2-16-2005 by Ord. No. 2-2005]
SUPERINTENDENT
The Superintendent of the local sewer authority or his duly appointed deputy, agent or representative.
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid or solid, which, when discharged to the sewer system in sufficient quantities, may tend to interfere with any treatment process, constitute a hazard to recreation in the receiving waters of the effluent from the wastewater treatment plant, pose a hazard to men working in the sewer system or constitute a hazard to fish or animal life.
UNSHREDDED GARBAGE
Solid waste from the preparation, cooking and dispensing of food or food products and from the handling, storing and sale of produce.
USER
Any person discharging or permitting the discharge of wastewater to the local sewer system.
WASTEWATER
The water-carried domestic, human or animal wastes from residences, buildings, industrial establishments or other places, together with such groundwater infiltration, industrial and commercial wastes as may be present.
No person shall discharge, directly or indirectly, into the local sewer system any wastewater, the characteristics of which do not conform to the concentration limits prescribed herein, or discharge into the local sewer system any toxic substances or any other objectionable material or substances as specified under this article, except upon written approval by the Superintendent and upon such terms and conditions as may be established by the local authority in the acceptance of the wastewater.
No person shall discharge or permit the discharge or infiltration into the local sewer system any of the following:
A. 
Any liquid or vapor having a temperature higher than 150º F. (65º C.) or in excess of that permitted by pretreatment standards.
B. 
Any liquid containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter of solvent-soluble materials or containing substances which may solidify or become viscous at temperatures between 32º F. and 150º F. (0º C. and 65º C.)
C. 
Any wastewater that contains more than two parts per million by weight any of the following gases:
(1) 
Hydrogen sulfide.
(2) 
Sulfur dioxide.
(3) 
Oxides of nitrogen.
D. 
Any residues from petroleum storage, refining or processing, waste fuels, lubricants or solvents.
E. 
Any wastewater containing any liquids, solids or gases which, by reason of their nature or quantity, are, or may be, sufficient, either alone or by interaction with other substances, to create an explosive, flammable or combustible atmosphere in any part of the local sewer system. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the sewer system, be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter.
F. 
Any solid or viscous substance in quantities or of such size capable of causing obstruction to the flow in sewers, such as but not limited to mud, straw, metal, rags, glass, tar, plastics, wood and shavings.
G. 
Any solid or viscous substance in quantities of such size capable of causing an interference with the proper operation of the local sewer system, such as but not limited to ashes, cinders, sand, feathers, fleshings, entrails or paper or plastic containers, etc.
H. 
Any garbage that has not been properly shredded.
I. 
Any waste having a pH lower than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the local authority.
J. 
Any radioactive waste or isotope of such half-life or concentration as to be in excess of that permitted by appropriate regulatory agencies having control over their use or in such quantity as to cause damage or hazard to structures, equipment and personnel of the local authority.
K. 
Any waste containing noxious or malodorous solids, liquids or gases which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or are or may be sufficient to prevent entry into a sewer for its maintenance and repair.
L. 
Any material which exerts or causes:
(1) 
Unusual concentration of inert suspended solids (such as but not limited to Fuller's earth, lime slurries and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate).
(2) 
Excessive discoloration (such as but not limited to dye solutions and vegetable tanning solutions) which cannot be removed by the wastewater treatment plant.
(3) 
Unusual BOD, COD or chlorine requirements in such quantities as to constitute an unacceptable load on the wastewater treatment works.
(4) 
Any unusual concentration or flow of any given constituent which for any period of duration longer than 15 minutes exceeds more than five times the average twenty-four-hour concentrations or flow rates during normal operation.
No person shall dispose of wastes from septic tanks, cesspools or other sources of sanitary waste to the local sewer system without the written approval of the Superintendent.
Connections to the local sewer system shall be designed and constructed to conform to the requirements and/or procedures set forth in Water Pollution Control Federation Manual of Practice No. 9 and all applicable state and local building and plumbing codes. All such connections shall be made gastight and watertight and shall be subject to the inspection and approval of the Superintendent.
No person shall discharge to the local sewer system any liquid containing toxic solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, prevent the attainment of effluent limitations as imposed by regulatory agencies, preclude the selection of the most cost-effective alternative for wastewater treatment or sludge disposal or create any hazard in the effluent of the wastewater treatment plant or the receiving waters.
The concentration in wastewater of any of the following substances shall be limited to the stated maximum concentrations in order to be acceptable for discharge to the local sewer system:
Substance
Maximum Permissible Concentration
(milligrams/liter)
Arsenic (As)
4.0
Boron (Bo)
1.0
Chromium (total)
5.0
Chromium (hexavalent)
2.0
Copper (Cu)
1.0
Cyanide (total)
1.0
Iron (Fe)
15.0
Lead (Pb)
0.1
Nickel (Ni)
1.0
Zinc (Zn)
5.0
Cadmium (Cd)
2.0
Phenol
0.1
Mercury (Hg)
0.01
MBAS
10
Total solids
5,000
Silver (Ag)
0.05
When appropriate regulatory agencies prohibit, establish pretreatment standards or otherwise limit the discharge of any substance or pollutant, users will be required to reduce the discharge of the substances to the sewers to the levels prescribed by those agencies.
The admission into the local sewer system of any waters or wastes having the following characteristics shall be subject to the review and approval of the Superintendent:
A. 
A five-day BOD concentration greater than 300 parts per million.
B. 
A suspended solids concentration in excess of 300 parts per million, by weight.
C. 
Incompatible pollutants, as defined within this article.
D. 
Pollutants subject to pretreatment standards.
E. 
An average daily discharge in excess of 10,000 gallons.
Any person who contributes toxic or poisonous solids, liquids or gases, or any combination thereof, which cause an increase in the cost of managing the effluent of the Atlantic County System shall be responsible for paying those increased costs.
If wastewaters containing any substance described in §§ 252-18 through 252-28 of this article are discharged or proposed to be discharged into the local sewer system or to any sewer tributary thereto, the Superintendent may take any action necessary to:
A. 
Prohibit the discharge of such wastewater.
B. 
Require a discharger to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances in conformity with this article.
C. 
Require pretreatment, including storage facilities, or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate this article.
D. 
Require the person making, causing or allowing the discharge to pay any additional costs or expense incurred by the Authority for handling and treating excess loads imposed on the treatment system.
E. 
Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this article.
Where pretreatment or equalization of wastewater flows prior to discharge into the local sewer system is required, plans, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall first be submitted for review and approval. Such approval shall not exempt the discharge of such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the Superintendent.
If pretreatment or control of waste flows is required, such facilities shall be maintained continuously in satisfactory and effective operation by the owner or operator at his expense, subject to the requirements of this article and all other applicable codes, ordinances and laws.
A. 
Whenever it shall be necessary for the purposes of this article, the officers and agents of the City, upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of:
(1) 
Copying any records required to be kept under the provisions of this article.
(2) 
Inspecting any monitoring equipment or method.
(3) 
Sampling any discharge of wastewater.
B. 
The officers and agents of the City may enter upon the property at any hour under emergency circumstances.
Each industrial user shall provide protection from accidental discharge of prohibited materials or other regulated wastes. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own costs and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Superintendent for review and shall be approved by him before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify his facility as necessary to meet the requirements of this article.
If, for any reason, a facility or user does not comply with or will be unable to comply with any prohibition or limitation in this article, the facility responsible for such discharge shall immediately notify the Superintendent so that corrective action may be taken to protect the treatment system. In addition, a written report addressed to the Superintendent detailing the date, time and cause of the accidental discharge, the quantity and characteristics of the discharge and the corrective action taken to prevent future discharges shall be filed by the responsible industrial facility within five days of the occurrence of the noncomplying discharge.
Nothing under this article shall be construed to reduce in any manner the power of the Superintendent to refuse to accept any discharge if, in his opinion, there is not compliance with the provisions of any section of this article.
The local authority shall regularly use meters or devices or methods for determining waste quantities (volumes) directly or by differentials or otherwise and make tests and use other means for determining the quality and other characteristics of all sewerage, industrial wastes or other wastes discharged into the local sewer system.
All measurements, tests and analyses of the characteristics of sewerage and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, as prepared, approved and published jointly by the American Health Association, the American Water Works Association and the Water Pollution Control Federation or other reference source as specified by regulatory agency requirements such as Methods for Chemical Analysis of Water and Wastes, published by the United States Environmental Protection Agency. Sampling shall be carried out in accordance with customarily accepted methods such to reflect the effect of the constituents upon the local sewer system and to determine the existence of any hazards. Volume determination shall be conducted in accordance with sound engineering practice.
A. 
In determining the volume of wastewater contributed to the local sewer system by a user, the local authority shall utilize such methods (as determined by each City or MUA).
B. 
Industrial users.
(1) 
In determining the volume of wastewater contributed to the local sewer system by an industrial user, the local authority may use a representative value:
(a) 
The amount of water supplied to the premises as shown upon the water meter, if the premises are metered;
(b) 
The volume of wastewater discharged into the local sewer by the industry as determined by measurements made by the local authority;
(c) 
An allowance for each employee on the premises; or
(d) 
A figure determined by the local authority by any combination of the foregoing or any other equitable method.
(2) 
Measurements shall be made, whenever possible, at a common manhole into which all volumes from an industry are combined. Such manhole shall be constructed by the owner of such premises at his own expense, when directed by an order of the Superintendent. Whenever the installation of such a common manhole is impossible or impractical, the owner of such premises shall construct and maintain at his own expense, in lieu of the common manhole, two or more manholes as required by an order of the Superintendent, for accurate measurement of all volumes discharged from such premises into the manhole. When required, the measurements shall be taken at a point or points to be selected by the Superintendent.
[Amended 12-28-1992 by Ord. No. 28-1992]
A. 
The pollutant concentration of any wastewater shall be determined by the local authority from the representative samples taken by representatives of the local authority at a point of volume determination as provided for in § 252-38 of this article at any period or time or in such duration and in such a manner as the Superintendent may elect, or at any place or manner mutually agreed upon between the user and the Superintendent. The intent of any sampling procedure is to establish the pollutant concentration in the wastewater discharged during an average or typical day. This concentration may be derived, according to the best judgment of the Superintendent, by combining repeated subsamplings during one day, by combination of a series of such days or by combination of a number of a multiple series of such days.
B. 
Whenever the wastes discharged to a sewer might be expected to show appreciable periodic variation during the year, the local authority may average the results of two or more series of analyses taken to reflect these variations and thereby determine an average annual pollutant concentration.
A. 
In the event that the volume and/or pollutant concentration of the waste discharged to the local sewer system as determined under §§ 252-38 and 252-39 of this article is disputed by a user, a program of resampling and gauging with subsequent chemical determination may be instituted as follows:
(1) 
The user may submit a written request for resampling and gauging of the waste to the Superintendent. Upon receipt of such request, the local authority will conduct the necessary test at the user's expense. The user shall confer with representatives of the local authority in order that agreement may be reached as to the various factors which must be considered in a new sampling program; or
(2) 
The user may, at his own expense, employ a consultant or agency of recognized professional standing to conduct a resampling and reanalysis program, under the direction of the Superintendent and for a period of time to be specified by the Superintendent.
B. 
The results of the resampling and the reanalysis shall be considered to be the current analysis of the user's waste. In all cases, the determination of the local authority, whether or not modified after resampling and reanalysis, as provided for in this section, shall be final as regards volumes or pollutant concentrations.
A. 
The local authorities shall have unrestricted access at reasonable hours to all premises served by the local authority to inspect any aspect of the sewer system and to see that the requirements of the local authority regarding the use of the user's sewer connection are being observed.
B. 
Additionally, any owner of property which discharges industrial waste into the sanitary sewerage system shall, at the owner's expense, provide suitable facilities to enable samples of such waste to be collected for analysis and further permit the local authority to collect such samples from users within the City.
All industrial users connecting to or proposing to connect to or discharge into any part of the local sewer system must first obtain a discharge permit therefor. All existing industrial users connected to or discharging into any part of the local sewer system must obtain an industrial waste discharge permit within 90 days of the date of final adoption and promulgation of this article.
A. 
Users seeking an industrial waste discharge permit shall complete and file with the Superintendent an application on the form prescribed by the Superintendent and accompanied by the applicable fee. In support of this application, the user shall submit the following information:
(1) 
The name, address and SIC number of the applicant.
(2) 
The volume of wastewater to be discharged.
(3) 
The wastewater constituents and characteristics, including but not limited to those set forth in §§ 252-18 through 252-28 of this article, as determined by an analytical laboratory of recognized professional standing.
(4) 
The time and duration of discharge.
(5) 
The average and heavy-peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(6) 
The site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation.
(7) 
A description of activities, facilities and plant process on the premises, including all materials and types of materials which are, or could be, discharged.
(8) 
Each product produced by type, amount and rate of production.
(9) 
The number and type of employees and hours of work.
(10) 
Any other information as may be deemed by the Superintendent to properly determine the nature of the waste to be discharged.
B. 
The Superintendent will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Superintendent may issue an industrial waste discharge permit subject to terms and conditions provided herein.
Wastewater discharge permits shall be expressly subject to all provisions of this article and all other rules and regulations established by the Authority. The conditions of wastewater discharge permits shall be uniformly enforced in accordance with this article and applicable state and federal regulations. Permit conditions may include the following:
A. 
The average and maximum wastewater constituents and characteristics.
B. 
Limits on rate and time of discharge or requirements for flow regulations and equalization.
C. 
Requirements for installation of inspection and sampling facilities and specification for monitoring programs.
D. 
Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharges.
E. 
Daily average and daily maximum discharge rates, or other appropriate conditions when pollutants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge.
F. 
Compliance schedules.
G. 
Other conditions to ensure compliance with this article.
A. 
Permits shall be issued for a period of one year.
B. 
The terms and conditions of the permit may be subject to modification and change by the Superintendent during the life of the permit, as limitations or requirements as identified in §§ 252-18 through 252-28 are modified. A user shall be notified of proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
A. 
Permits are issued to a specific user for a specific operation. An industrial waste discharge permit shall not be reassigned or transferred subject to having his permit revoked.
B. 
Violations subjecting a user to possible revocation of his permit include, but are not limited to, the following:
(1) 
Failure of a user accurately to report the wastewater constituents and characteristics of his discharge.
(2) 
Failure of the user to report significant changes in operation or wastewater constituents and characteristics.
(3) 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
(4) 
Violation of conditions of the permit.
Whenever the Superintendent finds that any person has violated or is violating this article and the prohibitions, limitations or requirements contained herein, he may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed 30 days, for the satisfactory correction thereof.
Any discharge in violation of the substantive provisions of this article or an order of the local authority shall be considered a public nuisance. If any person discharges sewerage, industrial wastes or other wastes into the local sewer in violation of this article or any order of the local authority, the local authority's solicitor shall commence an action for appropriate legal and/or equitable relief in an appropriate court of this municipality or the municipality in which this local authority is located. In the event that such action is commenced by the local authority's solicitor, the prayer for relief shall include a claim for all costs of such action, including reasonable attorney fees. In the event that the local authority prevails in such legal action, such costs, including reasonable attorney's fees, shall be paid by the person against whom the proceeding has been commenced.
A. 
Any person who shall violate any provision of this article or fail to comply therewith shall severally, for each and every violation and noncompliance, forfeit and pay a penalty not to exceed $1,000 or be imprisoned for a term not to exceed 90 days, or both.
[Amended 12-28-1992 by Ord. No. 28-1992]
B. 
This imposition of the foregoing penalty shall not bar the right of the local authority to specifically enforce the provisions of this article.
C. 
Any violation of this article shall be considered a distinct and separate violation for each and every day that the violation continues.
A. 
Each user of the local sewer system shall be assessed a user charge in such an amount as necessary and appropriate to defray the costs of constructing, operating and maintaining the local sewer system and the annual charge imposed by the Atlantic County Sewerage Authority. The user charge system set forth below ensures that each user will pay its proportionate share of construction, operation and maintenance costs incurred by the operation of the local authority.
B. 
Such user charges are based upon estimated annual operating and capital costs due and owing by the City of Brigantine (local authority) and may be changed from time to time as the need generated by such costs may require. For the first year of operation, the aforementioned estimates shall be based upon the costs incurred by the local authority for constructing, operating and maintaining the existing sewer system during the three years preceding the enactment of this article.
A. 
Revenues derived from the collection of user charges shall be deposited to and disbursements associated with the operation and maintenance of the local sewer system shall be withdrawn from an account or accounts dedicated exclusively to these purposes.
B. 
Amalgamation of the local sewer system accounts with those for any other purpose, including public water supply, shall be contrary to the intent of this article.
When at the end of any fiscal year user charges have been collected in excess of those required to defray operating maintenance expenses, the surplus shall be applied to reduce user charges for the next fiscal year.
A. 
Residential users. Residential users shall be considered a user class, and as such all users will be considered as having like wastewater quality. Charges to residential users of the local sewer system shall be based upon the quantity of water, whether purchased from a public utility or obtained from a private source.
B. 
Commercial users. Commercial users shall be considered a user class, and as such all users will be considered as having like wastewater quality. Charges to commercial users of the local sewer system shall be based upon the quantity of water, whether purchased from a public utility or obtained from a private source.
C. 
Industrial users. Charges to industrial users of the local sewer system shall be based upon the characteristics of each individual industrial user. Rates shall be established by the quality-quantity-base-plus-surcharge approach.
A. 
No statement contained within this article shall be construed as prohibiting the collection of additional fees for initial sewer system connection, sewer expansions or extensions, dedicated (reserved) transport or treatment capacity in excess of current actual use, or pretreatment of industrial wastes.
B. 
The charges for service by the local authority to the customer for a sewer connection from the local authority main to the curbline shall be as set forth in Chapter 210, Mercantile Businesses, Article II, Fees Schedule.[1]
[Amended 12-28-1992 by Ord. No. 28-1992]
[1]
Editor's Note: See also § 252-8, Sewer connection charge; restoration of streets.
C. 
In addition to the charges scheduled above, there shall be an additional charge for restoration of streets where excavation is necessary for FABC paving as set forth in Chapter 210, Mercantile Businesses, Article II, Fees Schedule.
[Amended 12-28-1992 by Ord. No. 28-1992]
Each user shall, not less than once annually, be notified in writing of the computed user charge. The notification shall clearly identify the amount required for local collection and that imposed for treatment by the Atlantic County Sewerage Authority.
A. 
Residential user charges herein prescribed shall be for the (calendar/fiscal) year, (date) to (date) and shall be due and payable annually, on the (day) day of the (month) of each year.
B. 
Commercial and industrial user charges herein prescribed shall be due for three-month periods and shall be due and payable four times per year, with billings to be made on the first day of January, April, July and October of each year.
In the event of nonpayment of all or any portion of the user charges herein prescribed and provided as and when due, such unpaid amounts shall bear an interest penalty of the rate of 1% per month after 30 days from the date the amount became due.
The local authority shall, at least once annually, review and, if necessary, revise this article and associated user charges to ensure that revenues are sufficient to offset the total costs of operating and maintaining the local sewer system and maintain the proportionate distribution of costs among users or user classes.
A. 
Revenue derived from the collection of user charges shall be deposited to and disbursements associated with the operation and maintenance of the local sewer system shall be withdrawn from an account or accounts dedicated exclusively to these purposes.
B. 
When, at the end of any fiscal year, user charges dedicated to the Brigantine Water and Sewer Department have been collected in excess of those required, the surplus shall be applied to reduce the user charges as aforesaid for the next fiscal year.
C. 
Amalgamation of local sewer system accounts with those for any other purpose, including public water supply, shall be contrary to the intent of this article.
A. 
The aforesaid sewer connection charge shall be payable immediately after the same shall fall due.
B. 
Such sewer charges will be based upon estimated annual operating and capital costs, due and owing, by the City of Brigantine and may be changed from time to time as the need generated by such costs may require.
C. 
Each user shall, not less than once annually, be notified in writing of the computed user charge. The notification shall clearly identify the amount required for local collection and that imposed for treatment by the Atlantic County Utilities Authority.
A. 
The Brigantine Water and Sewer Department shall review the wastewater contributions of users, the total costs of operation and maintenance and its approved user charge system not less often than every two years. Upon biennial review of its system, the Brigantine Water and Sewer Department shall revise its charges to maintain the proportionate distribution of operation and maintenance costs and to generate sufficient revenue to pay the total operation and maintenance costs.
B. 
Each user which discharges any toxic pollutants causing increase in the cost of managing and effluent or the sludge shall pay for such increase in costs.
C. 
The cost of operation and maintenance for all flow not directly attributable to users (i.e., infiltration/inflow) shall be distributed among all users by the same method that the cost of operation and maintenance is distributed among users.