A. 
The following article shall be and is hereby declared to be the Sewer Use Ordinance of the Borough of Franklin regarding the use of its local sewerage system and the nature of wastes to be discharged into the local sewerage system.
B. 
This article is adopted in accordance with the requirements of the Federal Water Pollution Control Act Amendments of 1972, P.L. 92-500, and Clean Water Act of 1977, P.L. 95-217; more specifically, the requirements contained in Subpart E of 40 CFR Part 35.935-16 as well as the intermunicipal agreement dated February 11, 1981, executed between the Borough of Franklin and the Sussex County Municipal Utilities Authority.
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen, expressed in milligrams per liter (mg/l), utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20º C. The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Wastewater; ASTM Standards, Part 23, Water; Atmospheric Analysis (1972); EPA Methods for Chemical Analysis of Water and Wastewater (1971).
BUILDING DRAIN
That part of the lowest piping of a drainage system within a building which receives the discharge from soil, waste and other drainage pipes, excluding sump pumps, inside the walls of the building or structures and conveys it to the building sewer.
BUILDING SEWER
That part of horizontal drainage system beginning outside the face of the building or structure wall which receives the discharge from the building drain and conveys it to a service lateral of a street sewer.
CHLORINE DEMAND
The difference between the amount of chlorine added to water, sewage or industrial wastes and the amount of residual chlorine remaining at the end of a twenty-minute contact period at room temperature, as set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater.
COD (denoting CHEMICAL OXYGEN DEMAND)
The quantity of oxygen required to chemically oxidize material waste by dichromate acid solution expressed in milligrams per liter (mg/l). Measurement shall be as set forth in the latest edition of Standard Methods for Examination of Waste and Wastewater.
COMPANY
Any private corporation formed under the laws of the State of New Jersey or any other state.
CONNECTION UNIT
Each individual building or structure, whether constructed as a detached unit or as one of a pair or row, which is designated or adaptable to separate ownership or occupancy.
ENGINEER
The Borough's Engineer who is engaged at the time to serve the Borough for the design, inspection of, construction and operation of the local sewerage system.
GARBAGE
Solid wastes resulting from preparation, cooking and dispensing of food and from handling, storage and sale of produce.
GOVERNMENT
The United States of America or any department or agency thereof.
HEALTH DEPARTMENT
The Health Department of the County of Sussex.
IMPROVED PROPERTY
Any property within a sewered area upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, as defined in the 1972 Edition of the Standard Industrial Classification Manual, as distinct from sanitary sewage.
INFILTRATION
The water entering the local sewerage system from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.
INFLOW
The water discharged into the sewer system from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, surface drains, manhole covers, storm sewers or catch basins.
INTERCEPTOR SEWER
A sewer of the SCMUA which carries wastewater and to which stormwaters, surface waters and groundwaters are not intentionally admitted.
LOCAL COLLECTION SYSTEM or LOCAL SEWERAGE SYSTEM
The sanitary sewerage system of the Borough which is or may be connected to the SCMUA sewerage system, including any extension or enlargements of such systems.
MAIN
The Borough-owned piping and appurtenances in or along public highways and streets or along privately owned rights-of-way used for the collection of domestic sewage or industrial wastes from its users and to which stormwater, surface water and groundwater are not intentionally admitted.
mg/l
Milligrams per liter.
pH
The logarithm of reciprocal of the weight of hydrogen ions, expressed in grams per liter of solution, and indicates the degree of acidity or alkalinity of a substance or wastewater.
ppm
Parts per million.
PRETREATMENT
Any sewage treatment process or processes that are required to produce a discharge to the SCMUA sewerage system or local sewerage system that will conform to any standards promulgated by the United States Environmental Protection Agency or the New Jersey State Department of Environmental Protection or other standards in effect at the time.
SCMUA SEWERAGE SYSTEM or SYSTEM
The facilities and all other sewers, conduits, mains, pump lines, pumping and ventilating stations, sewage treatment and disposal systems, plants and works, connections and outfalls, and all other plants, structures, equipment, boats, conveyances and other real and tangible personal property, and all renewals or replacements of any of the foregoing acquired, constructed or operated or to be acquired, constructed or operated by the Sussex County Municipal Utilities Authority (SCMUA).
SANITARY SEWAGE
The liquid wastes discharged from residences, buildings, institutions, industrial establishments, together with such groundwater infiltration, surface water admixtures or other wastes as may be present, but from which industrial wastes have been excluded.
SERVICE AREA
The area of the Borough of Franklin which discharges sewage to the SCMUA wastewater treatment facility.
SERVICE LATERAL
That part of the local sewerage system from the street sewer to a point approximately one foot beyond the curbline or paved portion of the road.
SEWAGE or WASTEWATER
Industrial wastes and sanitary sewage discharged from residences, buildings, institutions, industrial establishments or other places, together with such groundwater infiltration, storm water, surface waters, admixtures or other wastes as may be inadvertently present.
SLUG
The discharge of any wastewater which in concentration of any given 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 concentration or flows during normal operation.
SURCHARGE
The additional charge that will be levied against a user discharging wastewater whose BOD, suspended solids or chlorine concentrations are in excess of the allowable limit set forth in § 213-13 or which contain constituents in concentrations for which the SCMUA sewerage system has determined an additional charge is required for their treatment. Surcharges will be assessed pursuant to the user charges set forth in § 213-20 of this article.
SERVICE CONTRACT
The intermunicipal agreement between the Sussex County Municipal Utilities Authority and the Borough of Franklin dated February 11, 1981, and any amendment thereto.
SUSPENDED SOLIDS
All solids that either float on the surface of or are in suspension in water, wastewater or other liquids and which are removable by laboratory filtration. The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Wastewater; ASTM Standards, Part 23, Water; Atmospheric Analysis (1972); EPA Methods for Chemical Analysis of Water and Wastes (1971).
SUSSEX COUNTY MUNICIPAL UTILITIES AUTHORITY or SCMUA
The authority created by virtue of a resolution duly adopted by the Board of Chosen Freeholders of the County of Sussex, New Jersey, on August 10, 1971, pursuant to the Municipal and County Utilities Authorities Law.
[1]
USER
The person applying for sewage service at one household or business, whether owner or tenant.
WASTEWATER TREATMENT PLANT
The SCMUA wastewater treatment facility and any necessary or desirable renewals, replacements, alterations, extensions, enlargements or betterments thereof, whether located on said site or elsewhere, used for treating sewage.
[1]
Editor's Note: See N.J.S.A. 40:14B-1 et seq.
A. 
Unless specifically exempted by the Borough, each user must be connected to the local sewerage system within 180 days of notice to a property owner. Said connection will be at such point and at the elevation designated therefor in the plans approved by the Borough for the construction of the sewer project, or at such other location for said point and at such elevation as may be requested by such user and accepted and agreed to by the Borough and be substituted in lieu of such point. Every such connection at such a point or substituted location shall be made by the user at its own cost and expense.
B. 
Sewage service connections will be made upon written application signed at the Borough office by the property owner or his duly authorized agent. Blank forms for all applications will be furnished by the Borough and all applications must receive the approval of the Public Works Committee before connection is made.
[Amended 3-8-2016 by Ord. No. 6-2016]
C. 
Applications for connections will be accepted, subject to there being a portion of the local sewerage system in streets or rights-of-way abutting the premises to be served.
D. 
When a prospective customer has made application for a new connection, it is assumed by the Borough that the piping and fixtures to be installed on the applicant's premises will be maintained in good condition and the Borough will not be liable in any event for any accident, breaks or leakage arising in any way in connection with the supply of sewage service.
E. 
Industrial and commercial establishments making application for a sewer connection and sanitary sewage service, in addition to making written application for such service, shall furnish a detailed description of the type and size of buildings, the nature of the business to be conducted in each structure, the number and type of fixtures to be served, the type, volume and chemical characteristics of the waste to be discharged. Such applicants shall also furnish to the Franklin Public Works Committee, Board of Health and the SCMUA two copies each of plans showing:
[Amended 3-8-2016 by Ord. No. 6-2016]
(1) 
The boundaries of the property.
(2) 
The location within the property of the structures to be served.
(3) 
The location and profile with respect to finished grade of the service.
(4) 
Details of the proposed connection(s) to the sewage system, and arrangement and details of required meter and sampling installations, if required.
F. 
Sewer service charges are payable to the Borough of Franklin, Public Works Committee, in accordance with a schedule of fees to be enacted by the Borough and § 213-20 of this article.
[Amended 3-8-2016 by Ord. No. 6-2016]
A. 
No person shall discharge, deposit, cause or allow to be discharged or deposited into the local sewer system any of the following:
(1) 
Stormwater, surface water, groundwater, roof runoff, swimming pool water, subsurface drainage or foundation or basement sump drainage;
(2) 
Oils, tar, grease, combustible gases and liquids, insoluble solids of any kind or other substances which would impair, impede, affect, interfere with or endanger the local and SCMUA sewerage systems;
(3) 
Gasoline, benzene, naphtha, paints, lacquers, fuel oil or other flammable or explosive liquid, solid or gas which by reason of its nature or quality may cause fire or explosion or which, in any way, may be injurious to personnel or the local and SCMUA sewerage systems;
(4) 
Substances of such a nature as to form noxious or malodorous gases or substances which either singularly or through interaction with other wastes or substances found in wastewater treatment processes create a public nuisance, hazard to life or prevent entry into any portion of the local or SCMUA sewerage systems for operational duties, maintenance or repair;
(5) 
Solids or viscous substances in quantities or of such size capable of causing obstruction of the flow in the local or SCMUA sewerage systems or other interference with the proper operation of the same; such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, hair, fleshings, offal, entrails, paper products, etc.
(6) 
Garbage.
(7) 
Septage and sludge.
(8) 
Any pollutant in amount exceeding standards promulgated by the EPA or any subsequent federal legislation of the EPA pursuant to Section 307(a) of the Clean Water Act of 1977, including but not limited to those listed in Table 1, Table 2 and Table 3 below, and those chemical elements or compounds, phenols or other tastes or odor-producing substances, or any other substances normally not found in unpolluted waters which are not susceptible to treatment or which may interfere with the biological processes or efficiency or which will pass through the treatment plant.
(9) 
Any other pollutant, including oxygen demanding pollutants (BOD, COD, etc.) released in a discharge of such volume or strength that will cause interference with the treatment works, create a hazardous environment or endanger personnel.
B. 
No person shall discharge or permit to be discharged the following described substances:
(1) 
Any liquid or vapor having a temperature higher than 150º F. (65º C.) or any discharge that will cause the temperature of influent to the treatment plant to exceed 104º F. (40º C.).
(2) 
Any wastewater containing fats, wax, 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 32º F. and 150º F. (Oº C. and 65º C.).
(3) 
Any wastewater containing phenolic compounds over 1.0 mg/l, expressed as phenol.
(4) 
Any wastewater having a pH less than 5.5 or greater than 9.5 or found to be corrosive.
(5) 
Any wastewater containing radioactive substances in excess of those permitted by N.J.A.C. 7:28-6.5.
(6) 
Any wastewater having a flash point lower than 235º F. (113º C.) as determined by the TAG or Pensky-Martins closed cup method, as applicable.
(7) 
Any wastewater with a biochemical oxygen demand (BOD) in excess of 350 mg/l.
(8) 
Wastewater having a noticeable color which is not removable in the treatment plant.
(9) 
Any wastewater with a suspended solids content in excess of 350 mg/l or containing suspended solids of such character or quantity that unusual attention or expense is required to handle or treat such materials.
(10) 
Any wastewater containing ammonia nitrogen concentrations exceeding 25 mg/l.
(11) 
Any wastewater containing corrosive, toxic or poisonous substances in sufficient quantity and/or concentration to cause injury, damage or hazard to personnel, structures or equipment, or interfere with the local or SCMUA sewerage systems or treatment plant, or any portion of the liquid or solids treatment or handling processes, or that will pass through the treatment plant in such condition that it will not achieve state, federal or other existing requirements for the effluent or for the receiving waters. The following chemicals are specifically mentioned: arsenic and arsenicals; cyanides; copper and copper salts; chromium, mercury and mercurials; nickel and nickel compounds; silver and silver compounds; zinc and zinc compounds; toxic dyes (organic or mineral); cresols, alcohols, aldehydes; chlorinated hydrocarbons; chlorine in excess of 100 mg/l; iodine; fluorine; bromine; all strong oxidizing agents such as peroxides, chromates, dichromates, permanganates, etc.; compounds producing hydrogen sulphide or any other toxic, inflammable or explosive gases, either upon acidification, alkalization, reduction or oxidation; strong reducing agents such as nitrates, sulfites, sulphides; strong acids or strong alkalis.
(12) 
Any unusual volume of flow or concentration of wastewater constituting slugs, as defined herein.
(13) 
Any wastewater containing substances which are not amenable to treatment or reduction by the treatment plant processes employed, or which are amenable to treatment only to such degree that the treated effluent cannot meet the requirements of other agencies having jurisdiction over the discharge to the receiving waters.
(14) 
Any wastewater containing substances interfering with sludge management; any substance which may cause the treatment plant's sludge to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a wastewater discharged to the local sewerage system cause the treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Federal Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Federal Clean Air Act, the Toxic Substances Control Act[1] or the New Jersey Guidelines for the Utilization and Disposal of Municipal and Industrial Sludges and Septage.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq., 42 U.S.C.A. § 7401 et seq., and 15 U.S.C. § 2601 et seq., respectively.
C. 
Limitations on pollutants.
(1) 
In order for the local sewerage system to operate properly and to avoid any detrimental effects, particularly in the sewer system and pump stations, no person may discharge into the sewerage system wastewater which contains any total or dissolved sulfides exceeding the following concentrations:
(a) 
0.2 ppm where the person's connection to the sewerage system is a gravity sewer line;
(b) 
0.4 ppm where the person's connection to the sewerage system is a pressure or force main.
(2) 
Table 1 presents the maximum concentrations of certain pollutants allowable in wastewater discharges to the local sewerage system by any user. Dilution of any wastewater discharge for the purpose of satisfying these requirements shall be considered a violation of this article.
(3) 
The limits on certain pesticides, benzidine and PCB's in Table 1 are in conformance with the Final Toxic Effluent Standards published in the Federal Register (40 CFR 129).
(4) 
Upon the effective date of the categorical pretreatment standard for a particular industrial subcategory, the standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed herein.
(5) 
State requirements and limitations on discharges shall apply in any case where they are more stringent than categorical pretreatment standards promulgated by the EPA or those in this article.
(6) 
No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations for adequate treatment, to achieve compliance with the limitations contained in the categorical pretreatment standards or to achieve compliance with any pretreatment standards developed by the Authority.
Table 1
Maximum Permissible Concentration (mg/l)
Pollutant
1-Day Maximum
30-Day Average
Aldrin
*
*
Dieldrin
*
*
DDE
*
*
DDD
*
*
DDT
*
*
PCB
*
*
Endrin
  (Manufacturer,
  existing source)
.0075
.0015
  (Formulator)
*
*
  (Manufacturer,
  new source)
.005
.001
Toxaphene
  (Manufacturer,
  existing source)
.0075
.0015
  (Formulator)
*
*
  (Manufacturer,
  new source)
.005
.001
Benzidine
  (Manufacturer)
.050
.010
  (Dye applicators)
.025
.010
NOTES:
* Prohibited from discharge
Table 2
Toxic Pollutants Subject to Federal Effluent Standards
CAS No.*
Pollutant
83329
acenaphthene
208968
acenaphthylene
107028
acrolein
79061
acrylamide
07131
acrylonitrile
309002
aldrin
1321115
aminobenzoic acid
61825
amitrole
71410
amyl alcohols
62533
aniline
142041
aniline hydrochloride
100663
anisole
120127
anthracene
7440360
antimony (total)
7440382
arsenic (total)
2465272
auramine
56553
1, 2 - benzanthracene
71432
benzene
92875
benzidine
205992
3, 4 - benzofluoranthene
207089
11, 12 - benzofluoranthene
191242
1, 12 - benzoperylene
50328
3, 4 - benzopyrene (benzo (a)pyrene)
98077
benzothrichloride
100469
benzylamine
7440417
beryllium (total)
319846
alpha BHC
319857
beta BHC
58899
gamma BHC (Lindane)
319868
delta BHC
111911
bis (2 - chloroethoxy) methane
111444
bis (2 - chloroethyl) ether
39638329
bis (2 - chloroisopropyl) ether
75252
bromoform (tribromoethane)
101553
4 - bromophenyl phenyl ether
7440439
cadmium (total)
56235
carbon tetrachloride (tetrachloromethane)
57749
chlordane (technical mixture and metabolites)
95512
2 - chloroaniline
108429
3 - chloroaniline
106478
4 - chloroaniline
108907
chlorobenzene
124481
chlorodibromomethane
110753
2 - chloroethyl vinyl ether (mixed)
67663
chloroform (trichloromethane)
91587
2 - chloronaphthalene
88733
2 - chloronitrobenzene
100005
4 - chloronitrobenzene
25167800
2 - chlorophenol
7005723
4 - chlorophenyl phenyl ether
126998
chloroprene
7440473
chromium (total)
218019
chrysene
532821
chrysolidine
7440508
copper (total)
98828
cumene
57125
cyanide (total)
72548
p,p1 - DDD (p,p1 - TDE)
72559
p,p1 - DDE (p,p1 - DDX)
50293
p,p1 - DDT
53703
1, 2: 5, 6 - dibenzanthracene
608275
2, 3 - dichloroaniline
554007
2, 4 - dichloroaniline
95829
2, 5 - dichloroaniline
95761
3, 4 - dichloroaniline
626437
3, 5 - dichloroaniline
95501
1, 2 - dichlorobenzene
541731
1, 2 - dichlorobenzene
106467
1, 4 - dichlorobenzene
91941
3, 31 - dichlorobenzidine
75274
dichlorobromoethane
75343
1, 1 - dichloroethane
107062
1, 2 - dichloroethane
156592
1, 2 - dichloroethylene (trans)
75092
dichloromethane (methylene chloride)
120832
2, 4 - dichlorophenol
78875
1, 2 - dichloropropane
542756
1, 3 - dichloropropene
60571
dieldrine
84662
diethyl phthalate
117817
di (2 - thylhexyl) phthalate
85687
butyl benzyl phthalate
131113
dimethyl phthalate
84742
di - n - butyl phthalate
117840
di - n - octyl phthalate
119904
3,31- dimethoxybenzidine
121697
dimethylaniline
119937
3,31 - dimethylbenzidine
57147
1, 1 - dimethylhydrazine
105679
2, 4 - dimethylphenol
534521
4, 6 - dinitrol - o - cresol
51285
2, 4 - dinitrophenol
121142
2, 4 - dinitroltoleune
606202
2, 6 - dinitrotoluene
123911
1, 4 - dioxane (1, 4 - diethylene dioxide)
122394
diphenylamine
122667
1, 2 - diphenylhydrazine
959988
endosulfan - I
33213659
endosulfan - II
1031078
endosulfan sulfate
72208
endrin
7421934
endrin aldehyde
53494705
endrin ketone
100414
ethylbenzene
106934
ethylene dibromide
151564
ethyleneimine (Aziridine)
206440
fluoranthene
86737
fluorene
76448
heptachlor
1024573
heptachlor epoxide
118741
hexachlorobenzene
87683
hexachlorobutadiene
77474
hexachlorocyclopentadiene
67721
hexachloroethane
302012
hydrazine
193395
indeno (1,2, 3-C, D) pyrene
78591
isophorone
7439921
lead (total)
7439976
mercury (total)
101144
4,4' - methylene bis (2 - chloraniline)
101789
4,4' - methylene dianiline
108101
methylisobutyl ketone
91203
naphthalene
123327
alpha naphthylamine
91598
beta naphthylamine
7440020
nickel (total)
98953
nitrobenzene
88755
2 - nitrophenol
100027
4 - nitrophenol
1321126
nitrotoluene
100618
N - methylaniline
62759
N - nitrosodimethylamine
621647
N - nitrosodi - n - propylamine
86306
N - nitrosodiphenylamine
59507
parachlorometacresol
PCB - 1016 (Aroclor 1016)
PCB - 1221 (Aroclor 1221)
59507
parachlorometacresol
PCB - 1016 (Aroclor 1016)
PCB - 1221 (Aroclor 1221)
11097691
PCB - 1232 (Aroclor 1242)
PCB - 1242 (Aroclor 1242)
PCB - 1248 (Aroclor 1248)
PCB - 1254 (Aroclor 1254)
PCB - 1260 (Aroclor 1260)
87865
pentachlorophenol
85018
phenanthrene
108952
phenol
95545
1, 2 - phenylenediamine
108452
1, 3 - phenylenediamine
106503
1, 4 - phenylenediamine
129000
pyrene
7782492
selenium (total)
7440224
silver (total)
842079
sudan I (solvent yellow 14)
1746016
2, 3, 7, 8 - tetrachlorodibenzo-p-dioxin (TCDD)
79345
1, 1, 2, 2 - tectrachloroethane
1 7184
tetrachloroethylene
7440280
thallium (total)
62566
thiourea
108883
totluene
104154
toluene sulfonic acids
26915128
toluidines
8001352
toxaphene
120821
1, 2, 4 - trichlorobenzene
71556
1, 1, 1 - trichloroethane
79005
1, 1, 2 - trichlorothane
79016
trichloroethylen
88062
2, 4, 6 - trichlorophenol
1300716
xylenols
1300738
xylidines
7440666
zinc (total)
NOTES:
* Chemical Abstracts Service number
Table 3
Pollutants That are Inhibitory to Biological Treatment Processes
CAS No.
Inorganic Pollutants
14213979
Borate (Boron)
7440473
Chromium
7439965
Manganese
7440622
Vanadium
Organic Pollutants
107186
Allyl alcohol
57067
Allyl isothiocyanate
141435
2 - Aminoethanol (mono ethanolamine)
538283
Benzyl thiuronium chloride
4170303
Crotonaldehyde
97234
Dichlorophen
591355
3, 5 - dichlorophenol
138896
Dimethylparanitorsoaniline
86566
N,N - dimethyl-1-naphthylamine
593851
Guanidine carbonate
124094
Hxamethylenediamine
148243
8 - hydorxyquinoline
556616
Methyl isothiaocyanate
867447
Methyl thiuronium suphate
107197
Propargyl alcohol
83341
Skatole
128041
Sodium dimethyl dithiocarbamate
137428
Sodium methyl dithiocarbamate
137268
Tetramethyl thiuram disulphide
97745
Tetramethyl thiuram monosulphide
79196
Thiosemicarbazide
D. 
If any wastewaters are discharged or are proposed to be discharged into the local collection sewerage system which contain the substances or possess the characteristics in excess of the concentration of limitations specified in Section 3.01 and which, in the judgment of the Borough or the Sussex County Municipal Utilities Authority, may have a deleterious effect upon the local sewerage system or the SCMUA sewerage system, receiving waters, life or constitute a public nuisance, the Borough or the Sussex County Municipal Utilities Authority will exercise one or more of the following:
(1) 
Reject the wastes.
(2) 
Require pretreatment to an acceptable condition for discharge to the SCMUA sewerage system or the local collection sewerage system.
(3) 
Require control over the quantities and rates of discharge.
(4) 
Charge a surcharge for those quantities over and above the maximum levels defined herein pursuant to § 213-20C(6) of this chapter and/or the service contract between the SCMUA and the Borough.
A. 
Pretreatment will be required for all industrial wastes discharged by major industries as defined in Title 40 of the Code of Federal Regulations for which pretreatment standards or other requirements have been promulgated by the United States Environmental Protection Agency in accordance with Section 307 of the Federal Water Pollution Control Act, Amendments of 1972; for any discharge requirements developed by the New Jersey State Department of Environmental Protection; or which, in the judgment of the Borough, may have deleterious effect upon the local sewerage system, receiving water or life; or which, in the judgment of the Sussex County Municipal Utilities Authority, may have a deleterious effect upon the SCMUA sewerage system.
B. 
If the SCMUA requires the pretreatment or flow equalization of industrial wastes which are to be discharged into the SCMUA sewerage system or the local collection sewerage system, such facilities shall require review and approval by the SCMUA prior to their construction.
C. 
Where pretreatment or flow-equalization facilities are required for any industrial wastes discharged into the SCMUA sewerage system, they shall be continuously maintained in satisfactory and effective operation by the person at his expense.
D. 
In such instances where it is agreed that the industrial waste will be received following preliminary treatment, drawings and specifications shall be submitted for approval, showing all pertinent details of the construction proposed to accomplish the pretreatment, to include details of the indicator-recorder-register type of flow meter, and housing to be used, to meter the flow of industrial wastes, and also details of the control manhole to be constructed on the industrial wastes connection within the sidewalk area. The control manhole shall be provided with adequate access manhole covers of approved type, through which access shall be possible to Borough and SCMUA personnel at all times, and include a sampling location. Drawings, specifications, reports, etc., shall be submitted in duplicate to each agency and shall be prepared by a registered professional engineer in the State of New Jersey who shall possess expertise in industrial waste treatment and disposal design.
A. 
All persons desiring to discharge industrial wastes must file with the Borough and SCMUA a complete physical and chemical analysis of the wastes proposed to be discharged into the SCMUA sewerage system and the local collection sewerage system. This information shall be filed in accordance with the instructions outlined in EPA Form 5700-22A (7-73) National Pollutant Discharge Elimination System, Application for Permit to discharge Wastewater, Supplementary Instructions - for Standard Form A - Municipal.
B. 
All industries, as defined in § 213-14 of this article, and any other industries or businesses not included in § 213-14, but which are deemed necessary by the Borough or the SCMUA, which are discharging industrial wastes into the SCMUA sewerage system or the local collection sewerage system, shall semiannually file with the Borough and the SCMUA a report on the constituents and characteristics of their industrial waste [EPA Form 7500-22A (7-73), page IV-1]. Each industry shall maintain a permanent record of all reports and data furnished to the Borough and the SCMUA.
C. 
Any industry which is connected to the local collection sewerage system and is discharging industrial wastes thereto, which shall change its method of operation so as to alter the type of wastes previously discharged, shall notify the Borough and the SCMUA at least 15 days prior to such change, in order that representatives of the Borough and/or SCMUA can sample and determine whether or not the new waste can be accepted in both the SCMUA sewerage system and the local collection system.
D. 
Representatives of the SCMUA, State of New Jersey Department of Environmental Protection, Federal Environmental Protection Agency and the Borough shall have the right to enter onto all properties of the contributing industry for the purpose of inspection, observation, measurement, sampling and testing. A user which discharges wastewater in excess of 50,000 gallons per day at any time during the year or has been required to provide pretreatment of wastes under § 213-14 of this article is required to install a suitable control manhole with the necessary metering and sampling equipment on the building sewer on its site to facilitate inspection, observation, measurement, sampling and testing of wastes.
E. 
Such manhole shall be readily accessible and safely located and shall be constructed in accordance with plans approved by the Borough and the SCMUA. The manhole shall be determined in accordance with the analytical methods described in Title 40 Code of Federal Regulations and shall be determined at the control manhole provided for above.
[Amended 1-29-2000 by Ord. No. 1-2000; 6-13-2000 by Ord. No. 8-2000]
A. 
This article shall be enforced by the Franklin Borough Public Works Committee personnel and/or the Franklin Borough Construction Code Official and/or Health Officer. Suspected violators shall be issued a summons and are subject to the penalties provided below.
[Amended 3-8-2016 by Ord. No. 6-2016]
B. 
Any person violating any provision of this article, upon conviction, shall be subject to a penalty as provided for in § 1-15A of the Code of the Borough of Franklin.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the local sewerage system. The Borough will take appropriate action against any person violating this provision.
A. 
The Borough will make connections to the mains of its local sewerage system and, where said system is located in streets, will furnish, install and maintain all service laterals, all of which service laterals shall remain the sole property of the Borough and shall not be trespassed on or interfered with in any respect. Where the Borough's local sewerage system is located in a right-of-way, the Borough will make the connection between the service lateral and the mains of the Borough's system and install the service lateral.
B. 
The Borough reserves the right to determine the size and kind of the service lateral. New building sewers of all sizes (minimum four-inch pipe) shall be constructed of heavy duty cast-iron soil pipe, or P.V.C. Schedule 40, and all installations shall be in accordance with the standards and requirements of the New Jersey State Plumbing Code, as adopted by the Borough and, as modified in this article, the stricter provisions shall prevail. The building sewer shall be furnished, installed and maintained by the owner of the property and shall be laid in a straight line, if practical, from the end of the Borough-constructed service lateral to the structure to be served and shall be at least two feet below the surface of the ground at all times when final grading of the property has been completed and shall be laid with a minimum grade of 1/4 inch per foot. Changes in direction shall only be made with suitable pipe fittings of the same material as the building sewer. Cleanouts shall be provided immediately outside the building being served at all changes in direction and at every 75 feet of building sewer, measured from the building. The building sewer and connection to the service lateral to be installed by the owner or a licensed plumber and maintained by the owner shall be inspected and approved by the Borough's agent prior to backfilling the trench. Any construction not approved shall be immediately removed and reconstructed in an approved manner. All building sewers shall be properly constructed in order to avoid the creation of infiltration and/or inflow sources within the Borough's system.
C. 
No building sewer shall be laid within three feet of any open excavation, service lateral, vault or meter pit.
D. 
Where the renewal of the service lateral is found to be necessary, the Borough will renew the service in the location as previously used. If the property owner or user, for his own convenience, desires the new service lateral at some other location and agrees to pay all expenses of such relocation and cutting and disconnecting the old service lateral, the Borough will lay the new service lateral at the location desired.
E. 
All connections, building sewers and fixtures furnished by the user shall be maintained by him in good order, and all piping and connections furnished and owned by the Borough and on the property of the customer shall be protected properly and cared for by the user. All leaks in the building sewer or any other pipe or fixture in or upon the premises served must be repaired immediately by the owner or occupant of the premises. The user shall be responsible for notifying the Borough of the party engaged by the user to do any maintenance work to the customer's building sewer, prior to work being commenced, and the party shall not backfill any trench until the work has been inspected and approved by the Borough's agent. Any work not acceptable shall be immediately removed and replaced by work which is acceptable.
F. 
The Borough shall in no way be responsible for maintaining any portion of the building sewer owned by the user or, due to blockages in any portion of the building sewer owned by the user, for damage done by sewage escaping therefrom; or for lines or fixtures on the user's property; and the user shall at all times comply with applicable Borough regulations with respect thereto and make changes therein required by reason of relocation of main or otherwise.
G. 
A building sewer shall not serve more than one structure; however, any of the properties classified below may, upon proper application of the owner, be supplied by two or more service laterals, each of which, for billing purposes, shall be considered as being one user account:
(1) 
An industrial, commercial or manufacturing establishment.
(2) 
A building separated from adjacent buildings by a party-wall or party-walls and comprising apartments or stores or offices, or any combination thereof.
(3) 
A detached building comprising apartments or stores or offices, or any combination thereof.
H. 
Building sewers to public buildings, churches, commercial establishments and industrial establishments shall be installed to conform to detailed plans and specifications submitted to the Borough by the applicant, and only after review and approval of those plans and specifications by the Borough.
I. 
Where the trench bottom is soft and yielding, the Borough reserves the right to require that the building sewer be laid in partial or total concrete encasement. Junctions of two different types of pipe shall be made with adapters manufactured in accordance with the New Jersey State Plumbing Code for the purpose of making the transition between the specific types and grades of pipe being used.
J. 
If it is found there is infiltration or inflow caused by a broken pipe, open joints or some other problem with the user's piping, it shall be reported and repaired immediately by the user or owner.
K. 
Prior to approving an application for a connection involving the acceptance of industrial wastes, the applicant shall submit complete data with respect to the following:
(1) 
Average, maximum and minimum rates of flow to be expected daily and seasonally.
(2) 
Flow diagram, showing points of application of chemicals, type and quantity of each chemical used per day and per shift, a schedule of operations, expected chemical characteristics of the untreated wastes and the point or points of connection to the sewage system. The Borough may require the separation of, and separate points of connection for, domestic sewage and industrial wastes from each industrial establishment.
L. 
Under no circumstances will any of the following be connected to the sanitary sewers, either directly or indirectly:
(1) 
Floor drain, area drain or yard drain, except floor drains are permitted in food service establishments and public rest rooms.
(2) 
Rain conductor or downspout or sump pumps.
(3) 
Grease pit unless pit is cleaned by methods not using sewers.
(4) 
Air-conditioning equipment.
(5) 
Stormwater inlets or catch basins.
(6) 
Drains from equipment or manufacturing unless specifically authorized under the provisions of this article.
(7) 
Garbage grinders.
M. 
Wastes containing any substances or possessing the characteristics listed in § 213-13 will not be accepted.
N. 
When, in the opinion of the Borough, grease, oil and sand interceptors or oil reclaimers are required, they shall be provided and maintained, at the expense of the owner, in continuously efficient operating condition. Grease and oil interceptors shall be constructed of impervious materials, capable of withstanding abrupt and extreme changes in temperature. They shall be watertight, substantially constructed and equipped with readily removable access covers. Where deemed necessary, cold water sprays shall be installed. The design and pertinent data shall be submitted to the Borough for review and approval, prior to construction or installation. Separators must be constructed entirely on the property of the owner.[1]
[1]
Editor's Note: See also § 213-22.
O. 
Industries permitted to connect to the local sewerage system, even though not initially being required to provide pretreatment in accordance with § 213-14, may be required by the Borough or SCMUA to provide a control manhole or meter, as described in §§ 213-14 and 213-18.
P. 
Where the owner or industry provides its own water supply entirely separate from that supplied by the Public Works Committee or provides from its own sources a portion of the water consumed on the premises which eventually finds its way into the sewage system of the Borough, all aforementioned provisions will apply. This does not relieve the owner from the requirement to furnish, install and maintain a meter of the indicator-register-record type to measure the discharge of industrial waste as provided herein. All costs of furnishing, installing and maintaining the industrial waste flow meter shall be borne by the owner.
[Amended 3-8-2016 by Ord. No. 6-2016]
Q. 
Each industry discharging industrial waste into the sewer system of the Borough shall provide facilities and means whereby the waste being discharged may be inspected by designated representatives of the Borough for the purpose of determining the character, concentration and rate flow. Such determinations by the Borough shall be binding for the purpose of computing user charges. Samples may be collected and evaluated pursuant to standard methods of analysis for the purpose of determining the quality and quantity of such industrial waste.
R. 
Each industry discharging industrial waste into the sewer system of the Borough shall adopt a schedule of discharges of such waste, which schedule is subject to the approval of the Borough to the end that peak concentration of sewage flows shall be minimized giving due consideration to the capacities of the sewer system and to the necessities of factory production.
S. 
In the event that a change in a previously approved industrial waste discharged by an industry interferes with the efficiency of the operation of the sewer system of the Borough or with the disposal of sewage flowing therein, or increases the cost of the operation of such system, then such industry shall be required by the Borough to:
(1) 
Reduce its peak discharge.
(2) 
Construct equalizing tankage.
(3) 
Partially pretreat the wastes.
(4) 
Eliminate troublesome wastes.
(5) 
Use any approved means to produce industrial waste of a quality acceptable to the Borough before such waste can be discharged into the sewage system of the Borough.
T. 
In the event that any industry fails to conform to these regulations, which failure causes damage of any sort to the Borough or the SCMUA treatment plant or their respective employees or representatives, the Borough shall determine the extent of the damage and bill the industry accordingly. If such bill is not paid within five calendar days from the date of the bill, legal action may be instituted to enforce collection; the charge shall become a lien upon the property or the Borough may resort to termination of the connection after giving 24 hours notice. The Borough reserves the right to cancel service upon 90 days' written notice, in the event of repeated failure to comply with the rules and regulations of the Borough.
U. 
Connection to, alterations to or repairs to any public sewer or the manholes or other appurtenances of the local sewerage system shall not be made by any persons without a permit issued by the Borough.
V. 
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 said sewer or its appurtenances was not intended to receive; nor shall any person damage, destroy, uncover, deface or tamper in any way with any public sewer or its appurtenances. Any person violating this provision of these regulations shall be subject to arrest under a charge of disorderly conduct.
W. 
Permits.
(1) 
There shall be two classes of connection permits for sewers:
(a) 
Class A for residential and commercial service.
(b) 
Class B for service to establishments producing industrial wastes.
(2) 
Property owners or their duly authorized agents shall obtain the permit by making application on the appropriate form furnished by the Borough. The application shall state the location and character of the work to be performed, the person granted permission to perform such work, the time limit for completion of the work, the general character of the wastes which are or may be discharged into the sewer in question and any other pertinent information or conditions. The permit application shall be supplemented by any plans, specifications or other information considered to be pertinent by the Borough. A permit and inspection fee shall be paid to the Borough at the time the application is filed.
X. 
No person, other than those working for and under the direction of the Borough, 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 discharges or is intended at some future time to be connected or discharged, directly or indirectly, into any public sewer of the Borough, until said person has a permit secured by the owner of the property to do such work.
Y. 
Any permit may be suspended or terminated by the Borough on written notice to the party to which the permit was issued for violation of requirements of these regulations or for other reasons in the public interest.
Z. 
The following requirements of this article shall apply to any person who has a connection permit to do so such sewer work as provided in § 213-18 of this article:
(1) 
No building shall be connected to a public sewer unless the plumbing system of said building has a soil vent pipe extended to a point above the roof. The plumbing inspector may require that no running trap, main house trap or other device, which might prevent free flow of air throughout the whole course of the building sanitary system, building drain and said soil vent pipe, will be allowed.
(2) 
The property owner's trench excavations, installations and connection to the public sewer shall be in accordance with the relevant provisions of the New Jersey State Plumbing Code which has been adopted and enforced by the Borough. The provisions of this code define the material and workmanship and installation techniques approved for the installation and connections to the public sanitary sewer system, as amended by the specific requirements of this article.
(3) 
In all buildings where the building drain is too low to permit gravity flow to the public sewer, sewage or other permitted waste carried by such drain shall be lifted by approved sump or ejector pumps in accordance with the New Jersey State Plumbing Code and discharged to the property owner's service lateral through a heavy-duty cast-iron soil pipe or PVC Schedule 80 force main.
(4) 
When the property owner's building sewer trench has been excavated, the property owner's building sewer repaired, altered or constructed and connected to the public sewer and the same is ready for inspection, the Borough's agent shall be notified within 24 hours of the making of such connection and prior to backfilling, during the regular working hours of 8:30 a.m. through 4:30 p.m. and excluding weekends and holidays. Connection to the Borough's system shall not be made until a notice to connect has been issued to the property owner by the Borough. A written clearance to backfill shall be given when the entire building sewer has been tested by the owner with water to a pressure of not less than 10 feet of head for a period of not less than 15 minutes. Said testing shall be made at the time of the inspection by the Borough's agent. No leakage shall be permitted. If the person shall not provide the notice of inspection requirement of this article, the Borough's agent may order all or any portion of said work to be uncovered for inspection and approval. All building sewers, drains and plumbing fixtures must conform to all other applicable provisions of the New Jersey State Plumbing Code.
AA. 
Exemptions to the required hookup to the public local sewerage system may be granted when the following circumstances exist:
(1) 
Where a public or private sanitary sewer system is not available, a septic tank or other individual sewage disposal system may be allowed subject to application to and approval by the Public Works Committee. At such time as a public or private sewer system becomes available to a property served by an individual sewage disposal system, a direct connection shall be made to said system in accordance with the requirements of this article, within 180 days of availability.
[Amended 3-8-2016 by Ord. No. 6-2016]
(2) 
Where the use to be served is not within 200 feet of the sanitary sewer main, provided that any existing sewage facility is adequate and not contrary to any rule or regulation of the County Health Department or State Department of Health. Any failure of the existing on-site sewage system, subsequent to the granting of the exemption, must be resolved to the satisfaction of the County Health Department and the Public Works Committee in order for an exemption to remain in effect.
[Amended 3-8-2016 by Ord. No. 6-2016]
(3) 
Where by reason of unusual property elevations or characteristic not contemplated in the sewer system design, the mandated connection would cause undue hardship to the property owner or user, provided that any existing sewage facility is adequate and not contrary to any rule or regulation of the County Health Department or State Department of Health.
A. 
Plans and specification for construction of sanitary sewerage systems by developers or other persons shall be submitted to the Borough and the SCMUA for approval. Said plans and specifications shall be prepared by a licensed professional engineer (signed and sealed) and shall conform with all requirements of the NJDEP for the design and construction of sanitary sewerage systems. All new sewers shall be properly designed and constructed in order to avoid the creation of infiltration and inflow sources within the sanitary sewer system.
B. 
Approval by the Borough for construction of said sanitary sewerage systems shall not be provided until the following are obtained:
(1) 
Approval by Borough Planning Board.
(2) 
Approval by Borough Engineer.
(3) 
Approval by SCMUA.
(4) 
Receipt of NJDEP construction permit.
(5) 
Maintenance and/or other bonds, as required by the Borough.
C. 
In the event construction conditions require field changes, a written request for approval of such changes, stating reasons for such changes, must first be submitted to and approved in writing by the Borough and the SCMUA.
D. 
The person constructing said sewer system shall supervise and direct the work efficiently and safely.
E. 
Leakage tests shall be performed by the contractor and approved by the Borough prior to the connection of new sewer lines to the Borough's mains. Connections to building sewers shall not be made until notice to connect is provided by the Borough.
F. 
Following completion of construction of any sewers, the developer shall submit to the Borough certified as-built plans of the system constructed.
G. 
Said new sewer system shall be operated and maintained by the developer in accordance with good practice, until ownership of the new sewer system is conveyed to the Borough, at which time operation and maintenance shall be performed by the Borough. Ownership of the new sewer system shall be conveyed to the Borough after 24 months of operation of the new system.
A. 
The following charges and fees for connection to and the use of the local sewerage system and the SCMUA sewage treatment plant are hereby fixed and/or prescribed and the Borough shall charge the same to the user and the user shall pay such to the Borough on a quarterly basis. For purposes of this article, the quarterly periods shall be calendar quarter.
B. 
The charges and rents shall draw interest and be a lien upon the premises until paid, and the Borough may exercise the remedies for the collection thereof with interest, costs and penalties provided in N.J.S.A. 40A:26A-12 and as it has by law for the collection of taxes upon real estate. Charges for sewer use shall be a lien upon the premises as provided by statute.
C. 
The owner of each premises will be held responsible for the sewer charges of their tenant since the sewer charge is a lien on the property as stated in § 213-20B of this article.
D. 
If a bill remains unpaid for a period of over 30 days after presentation, it shall be classed as delinquent, and upon five days' notice to the property owner, service may be discontinued. If service is thus discontinued, it will not be restored until all unpaid bills, statutory interest and all reconnection charges, in accordance with Subsection F of this section are paid.
E. 
No abatement will be made for leaks or for water wasted by damaged fixtures.
F. 
Applicants for a new connection or the enlargement or modification of an existing connection to the Borough of Franklin’s sewer line shall pay a connection charge for each service lateral or connection to the Borough’s sewer system as provided for in Chapter 119, Fees, of the Code of the Borough of Franklin. The connection charge shall be calculated based on the equivalent single-family dwelling unit (EDU) system as reflected in the chart below. In the event of the enlargement or modification of an existing connection, the applicant shall be responsible for paying a connection fee based on the difference between the new estimated EDUs and the number of EDUs that the applicant or its predecessor had previously paid for. The estimate for the new EDUs shall be prepared by the applicant’s engineer and must be approved by the Public Works Committee. In the event the engineer’s estimate, as approved by the Public Works Committee, results in a reduction in the number of EDUs, there shall be no refund or reduction in the connection fee previously paid by the applicant or its predecessors.
[Amended 6-15-1994 by Ord. No. 7-94; 6-10-2008 by Ord. No. 7-2008; 3-8-2016 by Ord. No. 6-2016]
G. 
All annual costs for debt services operation maintenance and replacements attributable to the SCMUA and Borough systems will be divided among the users and expressed as a fee which is billed to the user. The method for determining this charge will be based on an equivalent single-family dwelling unit (EDU) system. The unit system will distribute the proportional share of operational costs of the Borough and SCMUA systems among all the users of the system. The unit assignments are shown below.
[Amended 3-23-2004 by Ord. No. 3-2004; 9-14-2004 by Ord. No. 11-2004]
Schedule of Equivalent Dwelling Units
(For purposes of this chapter, an equivalent dwelling unit (EDU)
equals 250 gallons per day)
Type
Number of Equivalent Dwelling Units
1.
Residential dwelling units, including single-family homes, duplex units, townhouses,condominiums, apartments
1 per each individual dwelling unit
2.
Motel, hotel, rooming or lodging houses (without restaurant) for each room designated for occupancy
1/3 per room
3.
Industrial, commercial, service or office enterprise, including office buildings
The anticipated use in gallons shall be calculated at the rate of .10 per square foot. The number of gallons shall then be converted to EDUs.
4.
Stores and shopping centers
The anticipated use in gallons shall be calculated at the rate of .10 per square foot. The number of gallons shall then be converted to EDUs.
5.
Factories and/or warehouses, without cafeteria
With 10 or fewer employees or occupants
1
Plus, for each person in excess of 10
1/10
6.
Factories and/or warehouses, with cafeteria
With 10 or fewer employees or occupants
1 1/5
Plus, for each person in excess of 10
1/8
7.
Full-service restaurant (per seat)
Bar/cocktail lounge (per seat)
Fast-food restaurant (per seat)
1/8
1/10
1/15
8.
Municipal buildings
With 20 or fewer employees or occupants
1
Plus, for each person in excess of 20
1/20
9.
Hospitals (per bed)
1/2
10.
Barbershops and beauty salons (per chair)
1/2
11.
Houses of worship
1
Plus, for multiple uses (per each use)
1
12.
School
Each group of 20 students or part thereof
1
13.
Fire company, First Aid squad or nonprofit club or organization
1
Plus, for each multiple use such as:
Bar
1
Kitchen facility
1
14.
Boarding homes, nursing homes, rest or convalescent homes
1
1/2
Plus, for each bed
15.
Laundromat
Per each single-load machine
1/2
16.
Recreational clubs and facilities (including health and swim clubs), excluding facilities owned and operated by a homeowners' or condominium association of which the membership is solely comprised of property owners and residents of the association. To the extent membership is extended to the general public or nonproperty owners/residents, this provision shall apply.
1
Plus, per member
1/10
17.
Age-restricted residential unit, provided that age restriction is contained in the deed or other appropriate document(s) in the chain of title for the units.
1-bedroom (110 gallons per day)
.44
2-bedroom (170 gallons per day)
.68
3-bedroom (225 gallons per day)
.90
This subsection concerning age-restricted residential units shall only apply to the calculation of sewer and water connection fees, and shall not apply to sewer and water use charges.
Miscellaneous Provisions
1.
When multiple uses or enterprises exist within a single user or on a single property, separate unit user charges shall be applied to each applicable type or use contained therein, as set forth in the above schedule.
2.
The Borough reserves the right to modify the number of EDU's assigned to any user, based on actual discharge volume. The Borough shall require all property owners connecting to the Borough's sewer system that are served by a private water supply, including, but not limited to, private wells, to install a water meter to monitor water usage. Residential dwelling units using a private water source shall be exempt from the water meter installation requirement contained in this section.
3.
Unoccupied units will be assessed the monthly charge.
4.
To the extent a proposed use is not addressed by one of the above-referenced categories, the Borough reserves the right to utilize the New Jersey Department of Environmental Protection regulations, including those found in N.J.A.C. 7:14A-23.3 et seq., as same may be amended from time to time, as the basis for calculating the estimated sewer flows.
H. 
A surcharge may be imposed on a user of the Borough's system when a user's sewage volume, quality or other characteristics are not in compliance with the Borough or SCMUA rules and regulations, and said noncompliance causes an increase in cost to the Borough and/or SCMUA for managing all sewage and sludges affected by said noncomplying discharge. Such surcharge shall be equal to the increase in cost to the Borough and/or SCMUA for the treatment of all sewage and sludges affected by the noncomplying sewage discharge.
I. 
Laboratory analyses will be performed, if deemed necessary, on composite samples of a user's sewage flow to determine its biological and chemical composition. The results of those analyses will be used to determine a user's surcharge, if any. The standard laboratory procedures shall be those found in the latest edition of Standard Methods for the Examination of Water and Wastewater. The costs for these analyses shall be paid by the user.
J. 
In cases where the BOD of the sewage, in the opinion of the Borough, does not represent the true character of the oxygen demand, the Borough reserves the right to use chemical oxygen demand ("COD") instead of BOD.
K. 
The fee for the closing of a sewer line or lateral to a building shall be as set forth in Chapter 119, Fees. Upon the closing of a sewer line or a lateral to a building, the property owner shall be responsible for paying a new connection fee as provided for in § 213-20F in the event that the connection is reopened or a new connection is made to an existing or replacement building or structure. However, in the event that the sewer line is temporarily closed in order to accommodate construction on the lot and block where the sewer connection previously existed, a new sewer connection fee will not be charged, except to the extent of an enlargement or modification of the sewer connection.
[Amended 6-10-2008 by Ord. No. 7-2008]
L. 
The fee for reopening any sewer line or lateral to a building shall be as set forth in Chapter 119, Fees. Upon the closing of a sewer line or a lateral to a building, the property owner shall be responsible for paying a new connection fee as provided for in § 213-20F in the event that the connection is reopened or a new connection is made to an existing or replacement building or structure. However, in the event that the sewer line is temporarily closed in order to accommodate construction on the lot and block where the sewer connection previously existed, a new sewer connection fee will not be charged, except to the extent of an enlargement or modification of the sewer connection.
[Amended 6-10-2008 by Ord. No. 7-2008]
M. 
The monthly charge for each equivalent dwelling unit (EDU) shall be as set forth in Chapter 119, Fees, effective January 1, 1986.
A. 
Failure on the part of the Borough or any user in any instance or under any circumstances to observe or fully perform any obligation assumed by or imposed upon it by the foregoing section or by law shall not make the Borough liable in damages to any user or relieve any user from making any payment to the Borough or fully performing any other obligation required of it, but such user may have and pursue any and all other remedies provided by law for compelling performance by the Borough of said obligation assumed by or imposed upon the Borough.
B. 
Acceptance by the Borough into the local system of sewage or other wastes in volume or at a rate or with characteristics exceeding or violating any limit or restriction provided for by or pursuant to this article in one or more instances or under one or more circumstances shall not constitute a waiver of such limit or restriction or of any of the provisions of this article and shall not in any way obligate the Borough thereafter to accept or make provisions for sewage or wastes delivered into the system in a volume or at a rate or with characteristics exceeding or violating any such limit or restriction in any other instance or under any other circumstance.
C. 
Whenever, under the terms of this article, the Borough is authorized to give its written consent, the Borough, in its discretion, may give or refuse such written consent and, if given, may restrict, limit or condition such consent in such manner as it shall deem advisable.
D. 
The Borough reserves the right to amend this article or to adopt additional ordinances from time to time as it shall deem necessary for the operation, maintenance and protection of the local sewerage system, for meeting revised standards of influent or effluent quality of any regulatory agencies having jurisdiction in this regard or for any other reason the Borough deems is desirable or necessary for performing its functions. Any such amendments or additions shall become effective within 15 days of their issuance by the Borough or as may be specifically required by any federal or state regulatory agency having jurisdiction.
E. 
References herein to laws, regulations, forms and other official documents shall be deemed to include amendments or modifications hereinafter adopted or promulgated.
F. 
At such time as a public or private sewer system becomes available to a property presently served by an individual sewage disposal system, a direct connection shall be made to the public or private sewer system in compliance with § 213-18 of this article, and any septic tanks, cesspools and similar waste facilities shall be abandoned and dismantled and filled with suitable material under the direction of and subject to inspection by the Borough's agent.
G. 
No provision of this article is intended to negate any provision of any other Borough ordinance as they may pertain to the installation of any sanitary sewerage facilities due to land subdivision or any other major construction project.
[Added 9-28-1999 by Ord. No. 5-99]
A. 
General requirements.
(1) 
Grease interceptors shall be installed on the waste piping for all connections to the Borough sewer system from commercial establishments, including but not limited to restaurants, delicatessens, food preparation and kitchen areas of supermarkets, department stores, motels, hotels and institutions such as schools, hospitals and assisted living institutions and any other connections which, in the opinion of the Borough Public Works Committee, could cause a detrimental effect on the sewer system if a grease interceptor is not installed and properly maintained.
[Amended 3-8-2016 by Ord. No. 6-2016]
(2) 
When the Borough determines that a grease interceptor is necessary for a new connection to the Borough sewer system, the property owner, lessee or person occupying the property shall furnish and install an outdoor, buried grease interceptor as approved by the Public Works Committee. The grease interceptor must be installed prior to issuance of an approval to connect to the Borough sewer collection system. The Public Works Committee may also require the installation of a Board-approved outdoor, buried grease interceptor for existing connections to the Borough sewer system where the Borough has determined that the wastewater discharged from the connection is causing an accumulation of grease or having other deleterious impact on the Borough sewer collection system.
[Amended 3-8-2016 by Ord. No. 6-2016]
(3) 
Grease interceptors shall be sized, designed and constructed in accordance with procedures stipulated in the United States Environmental Protection Agency Design Manual for On-Site Wastewater Treatment and Disposal Systems dated 1980, or latest revision, for outdoor interceptors, and the Plumbing and Drainage Institute Standard PI-G1O1 - Testing and Rating Procedure for Grease Interceptors with Appendix of Sizing and Installation Data, latest revision, for indoor interceptors.
(4) 
Grease interceptors shall be sized based on the design flow tributary to the interceptor as outlined in the above standards. Interior interceptors shall be equipped with devices to control the rate of water flow through the interceptors so as not to exceed the rated design flow of the interceptors and shall have a grease retention capacity of not less than two pounds for each gallon per minute (GPM) of design flow. The size of interior grease interceptors shall be limited to no greater than 50 pounds of grease.
(5) 
Food waste grinders and commercial dishwashers shall not discharge through a grease interceptor. Fixtures discharging to grease interceptors shall be individually trapped and vented except as permitted otherwise by the National Plumbing Code.
B. 
Approval and permits. Grease interceptors shall not be installed without having obtained the prior approval of the Public Works Committee and a Plumbing Subcode permit from the Borough Construction Office. All applications for installation of a grease interceptor shall include the complete sizing basis which includes all information deemed necessary by the Borough, including but not limited to the following:
[Amended 3-8-2016 by Ord. No. 6-2016]
(1) 
Number and size of fixtures to be connected to the grease interceptor.
(2) 
Flow rates for fixtures to be connected to the grease interceptor.
(3) 
Number of seats for restaurants, cafeterias and similar eateries.
(4) 
Maximum population/capacity for institutional facilities.
(5) 
Drawing (in the form of a riser diagram for new installations) showing the relationship of the grease interceptor to the remainder of the waste piping system.
(6) 
Such other information as the Borough may deem necessary to make a proper evaluation of the application.
C. 
Maintenance schedule and records.
(1) 
Cleaning and maintenance schedule.
(a) 
Any property owner, lessee or person occupying any building in which a grease interceptor is installed shall be required to clean and maintain the interceptors on a regular schedule as determined by the Borough at such time as the plumbing permits for grease interceptors are issued. In the event a cleaning and maintenance schedule is not provided to the applicant at the time the plumbing permits are secured, the schedule for cleaning and maintenance for currently existing grease traps shall apply, as set forth below.
(b) 
Grease interceptors in operation at the time of adoption of this section shall, at a minimum, comply with the following cleaning schedule:
[1] 
Interior grease interceptors: once per month.
[2] 
Exterior grease interceptors: once per six months.
(c) 
The Borough reserves the right to alter the above-stated cleaning frequencies on a case-by-case basis if necessary to ensure that excessive grease accumulations are not occurring in the Borough sewer system.
(2) 
Recordkeeping.
(a) 
Property owners, lessees or persons occupying buildings in which interior grease interceptors are installed shall maintain a cleaning/maintenance log on the premises which documents the dates on which grease is removed from the interceptors.
(b) 
A log shall also be maintained which shows the date on which accumulated grease is removed from the building site to an ultimate disposal location by a renderer or other licensed septage/sludge transportation service. The logs for ultimate disposal of grease may be in the form of invoices from the renderer or transportation service. The logs shall show the date, amount of grease removed from the site for disposal and the name of the firm which performed the grease removal. Grease removal log sheets shall be maintained for all locations where grease interceptors are installed, whether they are interior or exterior units.
D. 
Inspections.
(1) 
Any property owner, lessee or person occupying any property in which a grease interceptor is required by the Borough to be installed shall allow Franklin Borough Public Works Committee's personnel, as well as the Borough Health and/or Construction Official, to access the grease interceptor at any reasonable time as is necessary for the purpose of inspection or observation. The propose of the inspection is to determine that the equipment is functioning properly and is being maintained in such a manner that it does not discharge grease in concentrations in excess of those permitted by these ordinances or the SCMUA regulations or any state of federal regulations, codes or statutes. At the time of the inspection, all log books for the grease interceptor(s) shall be made available to the Franklin Borough personnel.
[Amended 3-8-2016 by Ord. No. 6-2016]
(2) 
The property owner, lessee or person occupying the property shall provide the Borough personnel with such tools, equipment and labor as is necessary to open the interceptor access cover in the presence of the Borough personnel in order to conduct the required inspection.
E. 
Enforcement and penalties.
(1) 
This section shall be enforced by the Borough Construction Code Official and/or Health Officer. Suspected violators shall be issued a summons and are subject to the penalties provided below.
(2) 
Any person violating any provision of this section, upon conviction, shall be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each violation of any of the provisions of this section and each day that such offense shall continue shall be deemed to be a separate and distinct offense.
[1]
Editor's Note: See also § 213-18N.