[Adopted 4-25-2000 by Ord. No. 00-11]
The purpose of this article is to require and facilitate compliance with Article IV, Prohibited Connections and Discharges, of this chapter of the Code of the Township of Ewing and with the Rules and Regulations of the Ewing-Lawrence Sewerage Authority (hereinafter, ELSA) and the State of New Jersey Department of Environmental Protection so as to require that improper connections into the ELSA sanitary sewer system (the sanitary sewer system) be removed. It is the further purpose of the article to ensure that infiltration and inflow of groundwater and stormwater into the sanitary sewer system be minimized.
As used in this article, the following terms shall have the meanings indicated:
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil and water and other drainage pipes inside the walls of a building and conveys it to the building sewer beginning three feet outside the building wall.
BUILDING SEWER
That part of the drainage system which extends from the end of the building drain and conveys its discharge to a sanitary sewer system and includes a building lateral.
CLEANOUT
A capped opening in a sewer line, inside or outside a building, or structure, which opening is used for the purpose of cleaning or unclogging the sewer line in any direction.
DRAIN
Any pipe or conduit which carries waste or waterborne wastes in a building plumbing system and is connected to a point of discharge.
DRAINAGE SYSTEM
All the piping within public or private premises which conveys sewage to a point of disposal.
RULES AND REGULATIONS
The Ewing Lawrence Sewage Authority Wastewater Pretreatment Program Rules and Regulations adopted on July 15, 1996, and as same may be lawfully amended from time to time.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface waters and groundwaters are not intentionally admitted.
SANITARY SEWERAGE SYSTEM
The plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by the Ewing Lawrence Sewerage Authority (hereinafter, ELSA) for the purposes of the ELSA, including sewers, conduits, pipelines, mains, pumping and ventilating stations, sewage treatment or disposal systems, plants and works, connections and outfalls, compensating reservoirs, and other plants, structures, boats, conveyances and other real and personal property and rights therein, and appurtenances necessary or useful and convenient for the collection, treatment, purification or disposal in a sanitary manner of any sewage, liquid or solid wastes, night soil or industrial wastes.
SEWAGE
Liquid containing human waste (including fecal matter) and/or animal, vegetable or chemical waste matter in suspension or solution.
SEWER
A pipe or other conduit for carrying sewage, and includes trunklines, mains, building drains, building sewers and drainage systems.
SEWER LINE
A sewer.
WASTE
Any liquid or liquidborne material or residue intended to be discarded that remains after any activity or process, but not including sewage.
A. 
Sump pumps, floor drains, roof and yard drains, cellar and foundation drains and related apparatus. No person or entity shall allow, cause, suffer or permit any sump pump, floor drain, roof drain, yard drain, cellar or foundation drain, and/or any related apparatus to discharge or to divert to any sanitary sewer or as prohibited by Chapter 300 of the Code of the Township of Ewing, as amended from time to time. The record title owner shall be responsible under this article and shall be presumed to have allowed, caused, suffered or permitted any such connection.
B. 
Cleanouts. No person or entity shall allow, cause, suffer or permit or use a cleanout for discharge of stormwater, surface water or groundwater, basement drainage or any other substance prohibited by ELSA rules and regulations.
C. 
Infiltration and inflow into sanitary sewer. No person or entity shall allow, cause, suffer or permit the infiltration of water, inflow of stormwater or any other substance which is not sewage as defined herein into any sewer or into the Township's sanitary sewerage system or any other sanitary sewerage system operated within the Township. The record title owner shall be responsible under this article and shall be presumed to have allowed, caused, suffered or permitted any such infiltration.
A. 
Cleanout connections are designed exclusively for cleaning building sewer lines and clearing blockages in the building sewer of a dwelling or other building, and their use for drainage of groundwater or any other substance is prohibited.
B. 
The following requirements shall apply to cleanouts and floor drains:
(1) 
Cleanouts and floor drains. The owner of any dwelling or building with a cleanout or a floor drain shall be required to take the following remedial action:
(a) 
Raise the cleanout to at least one foot above floor level unless to do so would cause a safety hazard. Any such extension shall be of solid pipe, without perforations or holes, and shall be installed in as permanent a manner as possible. If joints are threaded, they must be tightened to the fullest extent consistent with professional workmanship. Under no circumstances are such extensions to be left loose so that they may be easily removed. Capping of the extensions shall be consistent with the applicable National Standard Plumbing Code and with industry practice. Cleanout caps must be tightly secured at all times.
(b) 
Any below-grade floor drain which is connected to a sewer line shall be permanently sealed.
(2) 
Inspection and approval. The foregoing remedial action shall be subject to inspection and approval by a representative of the ELSA or the Ewing Township Construction Official.
All new residential and commercial buildings that have basements shall have a sump pump discharge connection installed during construction. The sump pump discharge connection shall be installed through the basement foundation to the public storm sewer. The sump pump connection shall be at least two-inch diameter, Schedule 40 PVC pipe and shall be capped or piped to the sump pump if a sump pump is installed.
Any person or entity currently in violation of this new section shall not be prosecuted pursuant to the terms herein within a six-month period of time commencing upon the date of adoption of this article.
Nothing herein shall be deemed to exempt any homeowner or contractor from compliance with, nor shall this article be deemed a waiver of, any other applicable statute, regulation or ordinance. Nothing herein shall exempt any homeowner or contractor from compliance with applicable building codes and fees.
A. 
Right of entry. Agents and employees of the Township and ELSA shall have the right to enter any building and premises connected to any public sewer, whenever necessary to examine the same, to take samples of the effluent therefrom for laboratory analysis, or to do any work therein or thereon, provided that such entry shall be at reasonable times and upon reasonable notice, if notice is feasible, to the owner or occupant thereof. No person shall refuse, deny or interfere with such entry; ELSA, its agents, servants and employees shall be deemed agents of the Township of Ewing for the purposes of entry pursuant to N.J.S.A. 40A:26A-19 and this article.
B. 
Inspections. Dwellings and other buildings shall be subject to inspections of their sump pumps; roof, yard, cellar and foundation drains; sewer cleanouts and other related apparatus. Said inspections shall be ordered and conducted by the ELSA or its designee, the Township Construction Official or the Township Health Official, as deemed necessary in the interest of the public health, safety and welfare, and/or in the interest of the proper functioning of the sanitary sewer system.
A. 
For public safety, health and welfare, and in conformance with federal, state and local law and regulation, property owners shall connect all sump pumps, floor drains, roof, yard, cellar or foundation drains, and related apparatus discharge piping to the:
(1) 
Nearest public Township of Ewing storm sewer, provided the discharge piping is installed underground;
(2) 
To a location on the owner's property at least 10 feet from a building structure and at a location which will avoid infiltration to the building foundation and/or sanitary sewer system;
(3) 
To a dry well installed on the owner's property; or
(4) 
To a drainage ditch or stream, provided it will not cause flooding, ice hazard, nuisance or have an adverse effect on adjoining property.
B. 
If the storm sewer or other acceptable discharge location is not available, the sump pump, floor, roof, cellar or yard drain and/or other related apparatus discharge piping may be connected underground to the street, provided there is more than 0.5% street slope. In existing roadways, a road opening permit shall be required.
C. 
Sump pump or drainage piping within the building or dwelling shall be rigid type pipe with permanent connections which shall penetrate the outside of the building or dwelling structure and shall otherwise be in conformance with all building and plumbing codes, as amended from time to time.
D. 
New discharge piping shall be installed underground.
E. 
Underground discharge piping may be of the rigid or flexible type.
F. 
Assistance and guidance with respect to layout and the location of proper discharge points may be obtained from ELSA.
G. 
To the extent that this article conflicts with federal, state or local construction or plumbing codes, the federal, state or local code shall control.
[Added 6-13-2000 by Ord. No. 00-15]
A. 
Reimbursement. Partial or full reimbursement for the cost of compliance with this article shall be provided to owners who receive and comply with a disconnect order as described in Subsection C below. Such reimbursement shall be in the amount and subject to the terms set forth in Subsection E below.
B. 
Procedure for reimbursement. Upon verification by the Township Construction Official or the Ewing-Lawrence Sewerage Authority (ELSA) that a violation of this article, prohibiting private property infiltration or inflow connection, exists, the Township Construction Official or ELSA shall issue a disconnection order to the owner of the property. The owner shall comply with the order by making the necessary corrections, by having the work done by a licensed plumber or other competent contractor, or by requesting the ELSA to undertake the work. Any work done by the ELSA shall be at no cost to the owner. Any work not performed by the ELSA shall be preapproved by the ELSA. All work shall be done in a workmanlike manner and shall comply with the all applicable construction, building, electrical and plumbing codes; this article; and all applicable regulations of the ELSA. After the owner completes the work, the Township Construction Official or the ELSA shall reinspect the premises to verify compliance with the disconnect order and verify that there are no other violations.
C. 
Disconnect order. The Township Construction Official or ELSA may issue an order directing the owner of a premises to comply with this article. The order shall be effective not less than 90 days from its date of issuance. The order may state a deadline for compliance, but such deadline shall not be more than six months after issuance. If the owner requests that the work be undertaken by ELSA within 30 days of receipt of the disconnect order, the owner will not be subject to any penalties.
D. 
Termination of service. The Ewing-Lawrence Sewerage Authority may terminate sanitary sewerage service to any premises the owner of which refuses to comply with an order to disconnect a stormwater inflow source from the sanitary sewer system.
E. 
Amount of reimbursement.
(1) 
Upon verification of compliance with the order, the Township or ELSA shall pay to the owner or the owner's assignee, on voucher, as reimbursement for the expense of compliance, an amount equal to the actual cost to labor and/or materials but not to exceed the following maximum amount per source, except that work performed by the owner shall not be reimbursed for labor.
Source Description
Maximum Amount
Sump pump or sump pit
$2,000 each
Yard drain (driveway, area, patio, etc.)
$1,500 each
Roof drain
$500 each
Cellar or foundation drain
$2,500 each
Building sewer repair or replacement
$15 per linear foot, not to exceed $1,000
Sewer cleanout
$250
(2) 
Acceptance of reimbursement or agreement to have the work performed by ELSA or its contractor shall constitute a consent by the person accepting such agreement or payment for a reinspection of the premises by ELSA within one year following payment for purpose of verifying continued compliance. Such reinspection shall be done at a convenient time and on a reasonable notice. Such acceptance of reimbursement or agreement to have the work performed by ELSA or its contractor shall also constitute on agreement that the owner, and his or her tenants and assigns, shall not thereafter cause, permit, suffer or allow any apparatus as prohibited in this article be utilized on the property, and failing to abide by such agreement shall be subject to reimbursing the Township or ELSA for all payments and costs in addition to penalties as provided in the Code of the Township of Ewing.
A. 
For the purposes of assessing penalties, the continuation of a particular violation for each successive day shall constitute a separate offense, and the persons or persons or entity or entities causing, allowing, suffering or permitting the continuation of the violation may be punished as provided above for each separate violation.
B. 
The imposition of a penalty as provided herein shall be in addition to any injunctive or remedial relief which is authorized under the laws of the State of New Jersey with the same force and effect as though provided for herein.
C. 
Nothing herein shall limit the ability of the ELSA or the Township to apply to a court of competent jurisdiction for a warrant to gain entry to a premises.