[HISTORY: Adopted by the Borough Council
of the Borough of Mountain Lakes 6-23-1980 as Ch. X of the 1980 Code.
Amendments noted where applicable.]
A.
There is hereby established in the Borough a public
sanitary sewer system which shall be known and designated as the "Mountain
Lakes Sanitary Sewer System."
B.
The sewer system shall be operated by the Borough
as a municipal public utility, as defined in and subject to the provisions
of Title 40A of the New Jersey Statutes. All fees and charges received
by the Borough in connection therewith shall be kept in a fund separate
from other Borough revenues, to be used only for the purposes of the
municipal public utility.
C.
The Mountain Lakes Sanitary Sewer System shall include
all public sanitary sewer facilities which the Borough may from time
to time construct, acquire and/or maintain for the purpose of the
collection, treatment and disposal of sewage generated within the
Borough or, by special arrangement from time to time, in areas immediately
adjacent to the Borough.
In order to assure the proper disposal of sewage
and wastewaters and the proper operation and maintenance of the public
sewers, sewage treatment plant and other sewerage works within the
Borough and to provide an adequate record of sewers, drains, appurtenances
and connections thereto, the following regulations are enacted by
the Borough under the authority of N.J.S.A. 40:63-7.[1]
[1]
Editor's Note: N.J.S.A. 40:63-7 was repealed
by Chapter 53 of the Laws of 1991. See now N.J.S.A. 40A:26A-1 et seq.
Unless the context specifically indicates otherwise,
the meanings of the terms used in this chapter shall be as follows:
The duly appointed attorney to the Borough.
The Board of Health of the Borough.
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.
Both the building drain and property owner's connection.
The amount of chlorine which shall be added to water or waste
to produce a residual chlorine content of at least 0.1 mg/l after
a minimum contact time of 10 minutes.
The person duly designated to have supervision of the operation
and maintenance of the Borough sewerage works.
The duly appointed Engineer of the Borough or his authorized
deputy, inspector, agent or representative.
The duly appointed senior sanitation official of the Borough
or his authorized deputy, inspector, agent or his representative.
Any privy, privy vault, septic tank, cesspool or any other
facility located on the premises, intended or used for the disposal
of sewage.
Either an individual, partnership or corporation to whom
the Board of Health of the State of New Jersey or of the Borough has
issued a license to practice plumbing.
The duly appointed Borough Manager of the Borough.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
The negative logarithm of the hydrogen ion concentration
in grams per liter.
The duly appointed Plumbing Code Enforcement Official of
the Borough.
A sanitary sewer system/works owned and operated by other
than the Borough.
A sanitary sewer system/works owned and/or controlled by
the Borough.
Wastewater or water-carried wastes from residences, business
buildings, institutions and industrial establishments. Sewage shall
be further classified as follows:
COOLING WATERThe wastewater from air conditioning, industrial cooling, condensing and hydraulically powered equipment or similar apparatus.
DOMESTIC OR SANITARY SEWAGEThe solid and liquid wastes from toilet and lavatory fixtures, kitchens, laundries, bath tubs, shower baths, or equivalent plumbing fixtures as discharged from dwellings, business and industrial buildings.
GARBAGESolid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
INDUSTRIAL SEWAGE OR WASTESThe water-carried wastes of any industrial process as distinct from domestic or sanitary sewage. All substances carried in industrial wastes, whether dissolved, in suspension or mechanically carried by water, shall be considered as industrial wastes.
PROPERLY SHREDDED GARBAGEGarbage which has been shredded so that no garbage particles will be greater than 1/2 inch in any dimension.
STORMWATERThe 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 as defined in this section.
SUBSOIL DRAINAGEWater from the soil percolating into subsoil drains and through foundation walls, basement floors or underground pipes.
Any arrangement or devices and structures used for treating
sewage.
The pipe or conduit, together with manholes and other structures
or equipment appurtenant thereto, provided to carry sewage and waste
liquids. Sewers shall be further classified as follows:
BUILDING DRAINThat 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 no more than five feet outside the inner face of the building wall.
HOUSE CONNECTIONThe pipe laid incidental to the original construction of a public sewer from such public sewer up to the right-of-way and there capped, having been provided and intended for extension and for use at some time thereafter in conjunction with the property owner's connection.
PROPERTY OWNER'S CONNECTIONThe extension from the building drain to the house connection.
PUBLIC SEWERA 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.
SANITARY SEWERA sewer which carries only domestic and sanitary sewage and to which stormwater, subsoil drainage and cooling water are not intentionally admitted.
STORM SEWER or STORM DRAINA pipeline carrying stormwater or subsoil drainage.
All facilities for collecting, pumping, treating and disposing
of sewage or wastewater.
Solids that either float on the surface of, or are in suspension
in, water, sewage 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."
A channel in which a flow of water occurs either continuously
or intermittently.
A.
Use of public sewers required.
(1)
No person shall place, deposit, or permit to be deposited
in any unsanitary manner upon public or private property within the
Borough, or in any area under the jurisdiction of the Borough, any
human excrement, garbage or other objectionable waste, except in approved
sanitary landfill areas as licensed by the state.
(2)
It shall be unlawful to discharge to any natural outlet
or storm sewer within the Borough, or in any area under the jurisdiction
of the Borough, any sanitary sewage, industrial wastes or other polluted
waters, except where suitable treatment has been provided in accordance
with subsequent provisions of this chapter.
B.
Suitable connection to sewer required.
(1)
The owners of all houses, buildings or properties
used for human occupancy, employment, recreation or other purpose,
situated within the Borough 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 sewer, are hereby required at their expense to install suitable
toilet facilities therein, and to connect such facilities directly
with the public sewer in accordance with the provisions of this chapter,
within 120 days after the date of official notice to do so.
(2)
All existing individual sewage disposal facilities
shall be pumped and filled with natural fill (sand, earth, gravel,
and/or rock) within 90 days after such connection. This work shall
be covered by the sewer permit issued by the Plumbing Subcode Official
and noted with the locations of filled-in facilities.
C.
Exceptions. Exceptions to these time constraints may
be granted by the Borough Council upon appeal by the owner of an individual
sewage disposal facility. Such appeal shall be made in accordance
with procedures established by the Manager.
A.
Connection to septic tank. Where a public or private sewer system is not available under the provision of Subsection B, the house service connection shall be connected to a septic tank or other individual sewage disposal facility complying with the provisions of this section.
B.
Permit required. Before commencement of construction
of an individual sewage disposal facility, the owner shall first obtain
a written permit signed by the Health Officer, or such other person
designated by the Manager. The application for such permit shall be
made on a form, furnished by the Borough, which the applicant shall
supplement by any plans, specifications and other information as are
deemed necessary by the Health Officer, or such other person designated
by the Manager. Such permit and inspection fees, and other charges
as the Board of Health may fix from time to time, shall be paid at
the time the application is filed, or otherwise as required.
C.
Inspection by Health Officer. A permit for an individual
sewage disposal facility shall not become effective until the installation
is completed to the satisfaction of the Health Officer. He shall be
allowed to inspect the work at any stage of construction, and, in
any event, the applicant for the permit shall notify the Health Officer,
or such other person designated by the Manager, when the work is ready
for final inspection and before any underground portions are covered.
The inspection shall be made within 48 hours, excluding Saturdays,
Sundays and legal holidays, of the receipt of such notice by the Health
Officer.
D.
Compliance with the health codes. The type, capacity,
location and layout of an individual sewage disposal facility shall
comply with all requirements of the health and sanitary codes of the
Borough, as amended, and of the Board of Health of the State of New
Jersey. No permit shall be issued for any individual sewage disposal
facility employing subsurface soil absorption facilities where the
percolation test does not meet the requirements of the Board of Health.
No septic tank or cesspool shall be permitted to discharge to any
public or private sewer system or natural outlet.
E.
Abandonment of individual sewage disposal facility. At such time as a public or private sewer system becomes available to a property served by an individual sewage disposal facility, as provided in § 191-4B, a direct connection shall be made to the public or private sewer system in compliance with this chapter, and any septic tanks, cesspools and similar individual sewage disposal facilities shall be abandoned and filled with suitable material.
F.
Maintenance of individual facility.
(1)
The owner shall operate and maintain the individual
sewage disposal facility in a sanitary manner at all times, at no
expense to the Borough.
(2)
No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by the Health Officer, the Board of Health or any other regulatory
body having jurisdiction.
A.
Prohibitions.
(1)
No person shall discharge into any public sewer of
the Borough 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 wastewaters,
or unpolluted industrial process waters into any sanitary sewer.
(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, sewage or wastes having a pH lower
than 5.0 or higher than 9.0 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 sewage 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: one mg/l.
[2]
Copper, zinc, nickel, cadmium, iron, chrome,
lead, tin, silver, mercury or other metals or the salts thereof: five
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 shall be readily soluble
or dispersible in water.
[b]
Condition II: The gross quantity of all radioactive
materials so discharged shall not exceed one curie per year.
[c]
Condition III: The daily quantity of any radioactive
material, if diluted by the average daily volume of sewage discharged
into the system from the installation, shall not exceed the maximum
concentrations allowed by regulations of the United States Nuclear
Regulatory Commission.
[d]
Condition IV: Daily quantities of radioactive
materials up to the maximum permitted by the United States Nuclear
Regulatory Commission may be so discharged, provided that the total
monthly quantities, if diluted by the average monthly volume of sewage
discharged from the installation, do not exceed the concentrations
permissible under Condition III above.
(h)
Any noxious or malodorous gas, vapor or substance
capable of creating a public or private nuisance.
(5)
The admission into the public sewers of any of the
following waters or wastes shall be subject to the review and approval
of the Health Officer:
(a)
Having a five-day BOD greater than 300 milligrams
per liter by weight; or
(b)
Containing more than 350 milligrams per liter
by weight of suspended solids; or
(c)
Containing any quantity of substances having the characteristics described in Subsection A(4) of this section; 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 sewage flow of the Borough.
(6)
Where necessary in the opinion of the Health Officer,
the owner shall provide, at his expense, such preliminary treatment
as may be necessary to:
(a)
Reduce the BOD to 300 milligrams per liter by
weight, the suspended solids to 350 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) of this subsection; 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 Health Officer and of any or all state regulatory
agencies having jurisdiction, and no construction of such facilities
shall be commenced until all 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 shall be excluded, consideration shall 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 shall be discharged, the probable quantity of sewage 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
Health Officer.
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 ensure 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 Health Officer
and by any or all state regulatory agencies having jurisdiction. The
Health Officer or state agencies may require of an owner installing
pretreatment facilities plans, specifications and a description of
the facilities which are proposed.
(3)
On premises where any of the wastes or substances as described in Subsection A are present, the Health Officer may require the owner to provide, operate and maintain at his own expense a sampling well or wells, 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 sampling well or wells, flow measuring devices or other appurtenances, the owner, occupants of the premises, the Health Officer or any other 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 Health Officer, or his duly authorized representative,
shall have the right to enter and inspect any part of the premises
served by the 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, or of obtaining samples
of wastes, or of inspecting flow measuring devices or treatment facilities
provided to prevent prohibited discharges.
D.
Standards for measurement. 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 Sewage. 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.
Exception for special arrangement. No statement contained
in this section shall be construed as preventing any special agreement
or arrangement between the Borough, the Township of Parsippany-Troy
Hills, and any industrial concern whereby an individual waste of unusual
strength or character may be accepted by the Borough for treatment
subject to payment therefor by the industrial concern.
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 into any public sewer.
A.
Connections, alterations, or repairs to any public
sewer or the manholes or other appurtenances of the sewer system in
the Borough shall not be made by any person without a permit issued
by the Department of Public Works.
B.
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 were not intended to receive;
nor shall any person damage, destroy, uncover, deface or tamper in
any way with any public sewer or its appurtenances. Any person violating
this provision of these regulations shall be subject to arrest under
a charge of disorderly conduct.
A.
Persons authorized to work on public sewers. Only
the following person or persons shall construct, repair, alter or
remove building drains and property owner's connections, or make connection
therefrom to a public sewer:
(1)
Regular employees of the Borough or a contractor,
employed by the Borough, holding a State of New Jersey plumbing license
or to whom the Board of Health has issued a license to practice plumbing
in the Borough.
(2)
Any person holding a State of New Jersey plumbing
license or who has been licensed by the Board of Health to practice
plumbing in the Borough during the period of the license and under
conditions of the license, provided that no connection to a public
sewer shall be made by such person without a sewer permit issued by
the Plumbing Subcode Official.
B.
Regulations for licensed plumbers. The following regulations
shall apply to licensed plumbers who perform work in conformance with
this chapter:
(1)
Each licensed plumber who constructs building sewers
shall file with the Board of Health, prior to issuance of any sewer
permit, a performance guaranty bond in the amount of $25,000, in form
and with surety satisfactory to the Board of Health, which bond shall
be a blanket guaranty applicable to any and all building sewer work
to be performed by that licensed plumber in the Borough, and which
bond shall remain in full force and effect for at least 13 months
from the date of any permit to be issued thereunder. In lieu of the
$25,000 blanket guaranty bond hereinabove required, a licensed plumber
may, at his option, provide an individual bond, in the amount of $2,000,
for each sewer permit issued, each of which individual bonds shall
remain in full force and effect for at least 13 months. Such surety
shall include:
(a)
That the licensee shall indemnify the Borough
for any negligence or omission of the licensee or his agent, while
operating under the license.
(b)
That the licensee shall reimburse the Borough
for any expense to the Borough arising from any injury or damage to
any sewer or other property of the Borough or by reason of any violation
by the licensee or his agent of any requirement of these regulations.
(c)
That the licensee shall faithfully execute all
work required under the license, as granted.
(d)
That the licensee shall restore that portion
of any street or public place in which the licensee may have made
an excavation incidental to his work to as good condition as it was
prior to the work and also shall maintain the street or public place
in like good condition to the satisfaction of the Borough for a period
of six months after the restoration.
(e)
That the licensee shall reimburse the Borough
or the County of Morris or State of New Jersey for the expense of
repairs to any street or public place made necessary by reason of
any excavation made by the licensee.
(f)
That the licensee shall comply with all rules,
regulations, laws, or ordinances relative to work in public streets
and public places.
(g)
The word "agents," as used in this subsection,
shall be construed to include employees and subcontractors.
(2)
Each licensed plumber who constructs building sewers
shall file with the Board of Health certificates of public liability
and automobile insurance in the amount of $200,000, $500,000 and property
damage insurance in the amount of $100,000, which shall remain in
full force for at least one year from the date of each filing. The
Borough shall be included as an assured, or, in lieu thereof, the
licensed plumber shall file with the Board of Health an owners' protective
liability and property damage insurance policy in the same limits
as aforementioned. Coverages required by this subsection shall extend
to the acts or omissions of the licensed plumber, his employees, agents
or subcontractors.
(3)
Each licensed plumber who constructs building sewers
shall file with the Board of Health a certificate or policy covering
workers' compensation insurance, which shall remain in full force
for at least 13 months from the date of filing.
(4)
All insurance coverage required by this chapter shall
be, by its terms, noncancellable except upon 10 days' advance notice
to the Borough.
B.
Application requirements.
(1)
The application shall state:
(a)
The location and character of the work to be
performed.
(b)
The person requesting permission to perform
such work.
(c)
The time limit for completion of the work.
(d)
The general character of the wastes which are
or may be discharged into the sewer in question.
(e)
Any other pertinent information or conditions.
(2)
The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Board of Health. As to each house connection for which a connection charge is imposed by § 191-13C, a permit and inspection fee as provided in § 111-3C shall be paid to the Borough at the time the application is filed.
C.
Costs to be borne by owner. All costs and expenses
incident to the installation and connection of the property owner's
connection shall be borne by the owner. The property owner's connection
shall be maintained by the owner of the property served.
D.
Permit and license required. No person, other than those working for or under the direction of the Plumbing Subcode Official, shall excavate, construct, install, lay, repair, alter or remove any property owner's connection, or any appurtenance thereof, within the Borough if such sewer is connected or discharged, or is intended at some future time to be connected or discharged, directly or indirectly into any public sewer of the Borough, until the person has a permit secured by the owner of the property in question, or his agent, for doing such work, and further provided that the person has been granted a license to perform the work by the Board of Health under the stipulations and requirements of § 191-9 of these regulations.
E.
Suspension of permit. Any permit may be suspended
or terminated by the Plumbing Subcode Official, on written notice
to the permittee, for violation of the conditions thereof, for any
violation of the requirements of these regulations, or for other reasons
in the public interest.
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 §§ 191-9 and 191-10 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 Plumbing Subcode
Official to meet all requirements of this section. The Plumbing Subcode
Official may require, where indicated, the uncovering of old sewers
for inspection, which shall be at the expense of the property owner.
B.
Property owner's connection. A separate and independent
property owner's connection shall be provided for every building,
unless authorized by special agreement with the Board of Health.
C.
Plumbing system requirement for connection to public
sewer. 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 Subcode Official 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 such vent pipe, shall be allowed.
D.
Pipe materials to be in conformance with Plumbing
Code. All pipe material shall be in conformance with the Plumbing
Code of the Borough. The water service and the property owner's connection
shall be laid in separate trenches. 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 Plumbing Subcode
Official.
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 Plumbing Subcode Official, 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, sewage
or other wastewaters 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. The building drain, whether a force
main or a gravity line, 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 all joints, including that with the property
owner's connection, shall be made gastight and watertight by a method
approved by the Plumbing Subcode Official.
G.
Excavations. All excavations required for the installation
of a building sewer shall be open trench work, unless otherwise approved
by the Plumbing Subcode Official. 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 within three feet of any bearing wall, which might
thereby be weakened. The recommended depth of the property owner's
connection shall be sufficient to afford protection from frost. In
general, such depth shall not be less than three feet below the finished
ground surface at all points. The property owner's connection shall
be laid at uniform grade and in straight alignment insofar as possible.
Changes in direction shall be made only with properly curved pipe
and fittings. Cleanouts, i.e. access ports, shall be constructed at
all changes in horizontal direction greater than 45º. When a
building sewer is more than 50 feet in length, cleanouts shall be
installed at intervals of no more than 75 feet. Cleanouts shall be
placed at an angle of 45º and shall be supported in an approved
manner. All cleanouts shall extend to the surface of the ground and
shall be of cast-iron construction four inches in diameter with brass
ferrule and screw-type brass plug. A cleanout shall be provided within
five feet of the building structure, unless an approved cleanout exists
inside the building, but under no circumstances shall there be less
than one cleanout between the building and the house connection. All
cleanouts shall be readily accessible at all times. The property owner's
connection shall be laid on firm, undisturbed soil or a suitable foundation.
It shall be located at a sufficient distance from other parallel pipes
to permit alterations or repairs to any such pipes or the sewer pipe
without disturbing the other. It shall be well cleaned inside after
laying and it shall conform to all reasonable requirements for good
construction. Backfill placed over the property owner's connection
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
the property owner's connection 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 sewage 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.
Property owner's connection; procedure for installation.
When the property owner's connection trench has been excavated, the
property owner's connection has been repaired, altered or constructed,
and the installation is ready for inspection and connection to the
public sewer, the Plumbing Subcode Official 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 Plumbing Subcode Official, and a record
of all connections shall be kept by him. A written clearance to backfill
shall be given the licensed plumber 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 Borough in violation of any
section of these regulations or fails to give adequate notice to the
Plumbing Subcode Official for an inspection of the work, the Plumbing
Subcode Official may order all or any portion of the work to be uncovered
for inspection and approval.
I.
Sewer inspection riser; requirements. A sewer inspection
riser opening for a property owner's connection 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. A Y-connection
shall not be permitted. The top of the riser shall be placed above
or flush with the ground surface and shall be fitted with a brass
screw cap.
J.
Safety precautions required. All excavation for sewer
installations shall be adequately guarded with barricades and lights
so as to protect the public from hazard.
K.
Maintenance of sewer connections. The house connection
shall be maintained by the Department of Public Works. The property
owner's connection shall be maintained by the property owner.
L.
Implication of Borough ownership. The installation
of a public sewer system in any street, lane or road by the Borough
or by others shall not imply Borough ownership or acceptance of such
streets, lanes or roads unless and until they otherwise comply with
Borough requirements for acceptance, ownership and maintenance.
M.
Remedy of violation. If any person, after proper order
or direction from the Plumbing Subcode Official, fails to remedy any
violation of this section or any other provision of these regulations,
the Borough 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 responsible
for, or willfully concerned in, or who profited by such violation
of the requirements of these regulations.
A.
Submission of plan for ground drainage and sewage
disposal.
(1)
The developer of a property subdivision within the
Borough shall submit to the Borough Engineer, and to any other local
or state agency or officer having jurisdiction, the proposed method
of providing for ground drainage and sewage disposal in the development.
The method proposed shall be indicated on the tentative plat plan
or on a 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.
(2)
A performance bond in the amount of the construction
costs estimate shall be posted by the developer with the Borough Clerk
guaranteeing satisfactory performance of the developer's work. No
construction permits shall be issued to any developer of subdivisions
until the ground drainage and sewage disposal layout have been approved
by the Engineer and by any other local or state agency or office having
jurisdiction, and until a sewer agreement has been entered into.
B.
Sewer laterals; performance bond required. 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 are submitted
for approval, a maintenance bond issued by a bonding company acceptable
to the Borough Council 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 Engineer.
C.
Submission of pumping station plans. In cases where
a developer of a property subdivision has received approval of the
Borough Council for the construction of a sewage 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
Engineer, and by any state agency having jurisdiction, prior to the
construction of the pumping station.
D.
Backfill material; approval required. 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
Engineer or his authorized representative.
A.
Permit required for connection. No unauthorized person
shall uncover, make any connections with or opening into, use, alter
or disturb any public sewer or appurtenance thereof without first
obtaining a written permit from the Department of Public Works.
B.
Application to be made. Application for public sewer
service shall be made to the Department of Public Works 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 schedule of public sewer fees, rentals and charges of the Department
of Public Works.
C.
House connections.
[Amended by Ord. No. 3-88]
(1)
Cost of subsequent installations to be borne by owner.
A connection charge, as provided in § 111-3C shall be paid
for each house connection. Payment shall be made by the owner of the
building to be connected prior to issuance of a permit therefor. This
charge shall not be applicable to the first connection of any building
existing or under construction on March 1, 1976, and located within
the service area of the sewer project, as the same is identified on
plans of the "Water Pollution Control Project EPA No. 340471-01, Sanitary
Sewer System, Borough of Mountain Lakes," prepared by Anderson and
Ballis Associates, Inc., and on file at the Borough Hall.
(2)
Required. A separate and independent house connection
shall be provided for:
(a)
Each building under one roof owned by one party
and occupied as one business or residence.
(b)
A combination of buildings owned by one party
in one common enclosure occupied by one family or business.
(c)
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 Department of Public Works.
(3)
Connection fee, per unit. The connection fee provided
in § 111-3C(4) shall be per unit, calculated as follows:
(a)
Residential. A "unit" shall be each individual
residential dwelling unit, whether in single or multiple-unit structures,
including single-family houses, townhouses, condominiums and any other
family unit.
(b)
Commercial. For each individual business unit,
whether in single- or multiple-unit structures, a "unit" shall be
a residential equivalency unit (REU). The number of REUs shall be
computed using whichever of the following criteria produces the greater:
D.
Public sewer installation costs; assessments. The
cost of installing a public sewer system in any existing thoroughfare,
including street, lane or road, 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, the cost shall
be determined by special agreement with the Borough Council.
E.
Rate of infiltration. The rate of infiltration shall
not exceed 10 gallons per inch diameter per mile per hour.
F.
Extensions or changes in existing system. Extension
to or changes in the existing public sewer system may be initiated
by the Borough Council, by the Department of Public Works, by petition
from a property owner, or by application from a real estate developer.
If such extension or change is deemed advisable by the Borough Council,
the Borough Council shall prescribe the terms and conditions under
which such extension shall be made and shall require written acceptance
thereof by the petitioners or applicant.
A.
Rates to be fixed by Borough ordinance. The Borough
Council shall, from time to time as circumstances warrant, fix all
public sewer fees, rentals and charges by ordinance.
B.
Responsibility for payment of fees; procedure for
billing and collection. The owner of each building connected to the
public sewer system shall be responsible for the payment of bills
rendered by the Department of Public Works for sewer service. All
sewer rentals, fees, and other charges incurred in the installation
of the laterals and house connection shall be a lien against the property
until paid.
C.
Service charges for sewerage facilities. The owner
of the property in the Borough shall pay a service charge for use,
maintenance and operation of the sewerage facilities of the Borough,
and of the sewage treatment facilities of the Township of Parsippany-Troy
Hill, in accordance with the following provisions:
[Amended by Ord. No. 5-83]
(1)
The service charge for each property connected to
the system shall be based upon the water consumption for that property,
as recorded by the water utility servicing it. The charge for domestic
service shall be computed annually, according to water consumption
for the calendar year ending September 30. The charge for commercial
or industrial service shall be computed quarterly, according to water
consumption for each calendar quarter ending December 31, March 31,
June 30, and September 30.
(2)
Rates shall be as provided in § 111-3C.
D.
Schedule for payment.
[Added by Ord. No. 11-82]
(1)
The service charges hereinabove established shall
become due and payable according to the following schedule:
[Amended 12-11-2017 by Ord. No. 09-17]
(a)
Domestic service, in equal quarterly installments
in accordance with a schedule to be established by the Borough Manager.
(b)
Commercial or industrial service, on a quarterly
basis in accordance with a schedule established by the Borough Manager,
in the actual amount levied for the immediately preceding calendar
quarter.
(2)
If prompt payment is not made when due, late charges,
as provided in § 111-3C, shall be added to any bill upon
expiration of a period of 30 days from the date of billing, and a
further late charge shall also be added to any such bill at the expiration
of each thirty-day period thereafter during which the bill has remained
unpaid.
[Amended 4-11-2016 by Ord. No. 02-2016]
E.
Establishment of rates for water system other than
that of the Borough. The service charge for any property served by
a water supply system other than that of the Borough shall be established
by one of the following methods:
(1)
By resolution of the Borough Council, based upon typical
water consumption of properties of a similar use and occupancy; or
(2)
Upon request of any property owner, or where a meter
is already installed, by measurement of actual water consumption,
using an adequate meter where available, otherwise to be installed
or provided at the property owner's expense.
F.
Wastes not discharged into Borough system. Whenever
a property, upon which a sewerage service is imposed, uses water for
an industrial or commercial purpose such that the water used is not
discharged into the sewerage system of the Borough, upon approval
by the Borough, the quantity of water used and not discharged into
the system shall be excluded in determining the sewerage service charge
of the property. The quantity of water used and not discharged into
the system shall be measured by a device or meter approved by the
Borough and installed without cost to the Borough, or by other means
approved by the Borough. The sewerage service charge based upon service
shall be computed at the rates provided for, less the quantity not
discharged into the system. When practicable, the Manager may approve
the metering of discharge into the sewerage system only, and the computing
of charges in that manner.
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance, or equipment which is part of a public sewer system.
Any person violating this provision shall be subject to immediate
arrest under charge of disorderly conduct.
The Manager, Engineer, Health Officer and other
duly authorized representatives of the Borough bearing proper credentials
and identification shall be permitted to enter upon all properties
for the purpose of inspection, observation, measurements, sampling,
and testing in accordance with the provisions of this chapter.
A.
Any person found to be violating any provision of these regulations except §§ 191-6 and 191-7 shall be served by the Borough 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.
B.
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Article III of Chapter 1 of the Revised General Ordinances of the Borough of Mountain Lakes. Each day that any violation of these regulations continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate offense for the purpose of applying the penalty provided in this section.
[Amended 4-24-2006 by Ord. No. 05-06]
