[Adopted 6-15-1993 by Ord. No. 93-19]
A.
Establishment; control. A Department of Sewer Utility
("Department") is hereby created in and for the Borough of East Rutherford,
which Department shall be under the control and supervision of the
borough. The Mayor shall, upon the advice and consent of the Borough
Council, appoint a Director of Sewer Utility ("Director"). The Director
shall serve at the pleasure of the Mayor. The Mayor may, with or without
cause, remove or replace such Director.
B.
Director. In the event that the position of Director
of the Department becomes or remains vacant through removal, resignation,
retirement or otherwise, then in that event, the Borough Clerk of
the Borough of East Rutherford shall assume all duties and obligations
of the office of Director. The Director shall perform all duties and
functions and shall be accountable to the Mayor and Council, as set
forth in the general ordinances of the borough which pertain generally
to the administrative procedures of the borough.[1]
[1]
Editor's Note: See Part I, Administrative
Provisions, of the Code of the Borough of East Rutherford.
It is the purpose of this article to empower
the Borough of East Rutherford through the Sewer Utility to perform
all such reasonable and necessary functions in connection with the
providing of sewage disposal and treatment as afforded to the borough
by the provisions of N.J.S.A. 40:63-1 et seq., without limitation,
and the collection of fees therefor. The provisions of this article
are subject to the ability of the Borough of East Rutherford to provide
sewage service to the extent permitted by law and in accordance with
the terms and conditions of any existing contracts which are legally
binding upon the Borough of East Rutherford.
As used in this article, the following terms
shall have the meanings indicated:
The party contracting for sewer service to a property as
hereinafter classified.
Residential classes.
Single-family residential dwellings comprised
of a building under one roof owned by one or more parties and occupied
by a single-family residential unit.
Multifamily residential dwellings, being:
A "duplex" or "double house" having a solid,
vertical partition wall, making it capable of divided ownership.
A building owned by one party or more than one
party consisting of more than one apartment and using in common one
hall and one entrance.
A building owned by one party or more than one
party having a number of apartments and one or more means of entrance.
Commercial, industrial and institutional uses.
Combination residential and commercial, industrial
and institutional uses.
The duly appointed Director of the Department of Sewer or,
in the absence of such director, the Borough Clerk of the Borough
of East Rutherford.
The duly appointed operational administrator of the Sewer
Utility and in particular shall be understood to be the borough agent,
servant or employee in charge of the day-to-day operation, installation
and maintenance of the sanitary sewer facilities heretofore operated
by the East Rutherford Sewerage Authority. Such operator shall be
properly licensed and qualified by the State of New Jersey to perform
the necessary functions attendant to this position.
Any connection, cross-connection, bypass, valve, pipeline
or any like device which permits or may permit any flow of wastes
from any source into the sewage system operated by this utility.
The water-carried wastes created in and carried, or to be
carried, away from residences, hotels, apartments, schools, hospitals
industrial establishments or any other public or private building,
together with such surface or groundwater and industrial wastes as
may be present.
The plants, structures and other real and personal property
acquired, constructed or operated or to be acquired, constructed or
operated by the Sewer Utility, including sewers, conduits, pipelines,
mains, pumping and ventilating stations, sewage treatment or disposal
systems, plants and works, connections, 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;
The Department of Sewer of the borough acting pursuant to
the direction of the borough through its elected officials and performing
all functions pertaining to the treatment of sewage heretofore performed
by the East Rutherford Sewerage Authority.
The duly appointed employee of the borough authorized to
collect fees and charges and to process applications for sewer service.
The Borough Council of the Borough of East Rutherford
is hereby empowered to adopt by resolution such portions of the current
rules regulating the East Rutherford Sewerage Authority as it deems
proper and necessary in order to enable the Department to perform
the purposes enumerated herein and any additional rules. In addition,
the borough is hereby empowered to retain the professional services
of such sanitarian, engineer or other expert as the borough shall
determine to be necessary for the purpose of establishing appropriate
rules and regulations affecting the installation, maintenance, repair
and control of plumbing and drainage of buildings and the connection
thereof to the facilities of the Sewer Utility. These rules and regulations
may be adopted by the borough by resolution and by reference if appropriate.
There is hereby established a transition period
of 120 days' duration, during which time the Director of the Department
shall assume the operation of the Sewer Utility functions heretofore
carried out by the East Rutherford Sewerage Authority. During such
transition time, which may be extended by resolution of the borough
for such reasonable time as it deems proper and just, the Director
of the Department shall utilize the rules and procedures as established
by the East Rutherford Sewerage Authority which, pursuant to the provisions
of N.J.S.A. 40:49-5.1, are annexed to this article and which have
been and are now filed in the office of the Clerk of the borough and
which will remain on file there for the use and examination of the
public, except where such rules and procedures are inconsistent with
the provisions of this article.
To the extent not specifically set forth herein,
the Mayor and Council of the Borough of East Rutherford specifically
reserves unto itself all those certain powers, rights and responsibilities
as set forth at length in N.J.S.A. 40:63-1 et seq. and N.J.S.A. 40:62-7
et seq., which provisions may be deemed by the borough necessary for
the operation of the Municipal Sewer Utility created hereby.
The borough, through the Department, shall have
a right of access to any customer's premises and to all equipment
and property of the borough at reasonable times for the purpose of
reading meters, inspecting, repairing or replacing equipment used
in connection with the supplying of sewer services or for the removal
of equipment or property. The customer shall obtain for the Department
all necessary permission from tenants or others for access to equipment
or property. Customers shall not permit access to meters or other
Department property, except by authorized employees of the Department
or other authorized state or local inspectors.
Any person, firm or corporation violating the
provisions of this article, or any succeeding ordinances or resolutions
pertaining to the subject matter of this article which might be enacted
or adopted, shall be punished by a fine not exceeding $1,000 or by
imprisonment for a period not to exceed 90 days, or both. Each and
every day that any violation continues shall be deemed to be and shall
be a separate offense, separately punishable as aforesaid.
All connection, user and other fees and charges
set forth in this article shall draw the same interest from the time
that they became due as taxes upon real estate in the borough and
shall be a lien upon the premises connected until paid. The borough
shall have the same remedies for the collection thereof, with interest,
cost and penalties as it has for all collection of taxes upon real
estate.
Each contractor or other person performing work
on borough public property for the purpose of installing sanitary
sewer connections shall post a bond acceptable to the borough. All
work shall be adequately guarded with barricades, lights and other
measures for protection to the public from hazard. Streets, sidewalks,
curbs and other public property disturbed in the course of the work
shall be restored in a manner satisfactory to the borough.
No person shall uncover, make any connection
with or opening into, use, alter or disturb any public sewer or appurtenance
thereto without first obtaining a written permit from the Director.
A.
Sewer service connections shall be made upon written
application to the Director on forms furnished by the Director and
signed by the owner of the property or by a duly authorized agent.
B.
No application for service will be accepted for installation
between December 15 and April 15, unless the property owner agrees
to pay the additional cost that may be incurred because of adverse
weather conditions during this period.
Approval of an application for a sewer connection
can only be made if it has been determined that a sewer main approved
by the Sewer Utility exists in front of the applicant's property or
in the public right-of-way. The main shall extend the length of the
applicant's property, and if it does not so extend, it shall be extended
at the applicant's expense in accordance with Sewer Utility specifications.
No person or persons shall in any manner, without
permission, connect or disconnect or tamper or interfere with any
property of the Sewer Utility of the Borough of East Rutherford such
as pipes or conduits, meters, valves, instruments or other accessories
or property.
A.
The Department may refuse to connect to any customer's
piping system or to supply sewer services to a system if said system
has not been designed or installed in accordance with the applicable
regulations or if any parts of the piping system have not been installed
at sufficient depth to prevent freezing.
B.
The borough shall not be responsible for any inadequacy
of sewer service should the customer make alterations, changes or
additions to an existing system without notifying the Department Director
in advance of any proposed alterations, changes or additions. In case
of defective service, the customer shall not interfere with meters
or other property of the Department, but shall immediately notify
the office of the Director.
Complaints concerning the character of the service
furnished or the reading of meters or bills rendered shall be made
at the Department office to the Collector or the Director of the Department
in writing. A record of such complaints will be maintained by the
Department to show the names and addresses of the complainants, dates
and nature of the complaints and the action taken thereon.
The existing publicly owned and operated sanitary
sewer system of the borough, previously operated by the East Rutherford
Sewerage Authority, is hereby declared to be a utility of the Borough
of East Rutherford. Such utility shall hereafter be referred to as
the "Sewer Utility," which shall be operated by the Department of
Sewer Utility (Department), under the control of the Director of such
Department.
All future revenue and accounting therefor from
said Sewer Utility shall be on a dedicated utility basis in conformance
with the provisions of N.J.S.A. 40A:4-35. All moneys derived from
the operation of said Sewer Utility and any other moneys applicable
to its support shall be segregated and kept in a separate fund which
shall be known as the "Sewer Utility Fund," and all disbursements
for the operation and maintenance of said Sewer Utility shall be taken
from said Sewer Utility Fund.
The dedicated budget of this Sewer Utility shall
include appropriations for operating expenses, capital improvements,
debt service and for the portion of all other deferred charges and
statutory expenses as may be required.
The owners of all houses, buildings and properties
constructed after the enactment of this article, situated within the
Borough of East Rutherford 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
sanitary sewer of the borough, are hereby required at their expense
to connect all sanitary and other plumbing facilities directly with
the proper public sewer, in accordance with all of the pertinent ordinances
of the borough, prior to the issuance of a certificate of occupancy.
The owners of all houses, buildings and properties
existing at the time of the enactment of this article and having approved
private sanitary sewer facilities will be required at their expense
to connect all sanitary and other plumbing facilities directly with
the proper public sewer where such connections are considered necessary
in accordance with the rules, regulations and ordinances of the borough
and of the County Board of Health. Such connectors shall be made in
accordance with all of the pertinent ordinances of the borough within
180 days of the date of official notice to do so.
A.
Sump pumps. It is a violation for any person or user
of this system to connect or discharge, by any means, into the system
any materials, chemicals or drainage other than sanitary sewage. The
Director shall serve notice to such persons or users to remove such
discharge immediately.
B.
Broken lines. The Director shall also serve notice
to a user of the utility having broken service lines that cause infiltration
into the system to repair the same no later than 14 days from said
service of notice pertaining to such violation.
The Borough Council is hereby authorized to
establish from time to time the charges and fees for sewer and incidental
services to be provided by the Sewer Utility. The schedule of charges
shall be and the same are hereby fixed and established for the collection,
disposal and treatment of sanitary sewage material collected in public
sanitary sewers located within the Borough of East Rutherford to be
charged to all customers of the Sewer Utility and properties served
by the public sewage collection system located within the Borough
of East Rutherford, set charges as set forth in Exhibit B, annexed
hereto and made part hereof, the same being the charge currently in
effect for the Authority.[1]
