Township of Rochelle Park, NJ Sewers

Editor's Note: Ord. No. 775-98 enacting this article also superseded former Ch. 155, Sewers, Art. I, Regulation and Control, adopted 3-9-1931 by Ord. No. 105, as amended, and Art. II, Sewer User Charges, adopted 11-5-1979 by Ord. No. 427.

§ 155-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AUTHORITY: The Bergen County Sewer Authority that maintains the district sewer system with which the municipal sewer system shall connect.

BOARD OF HEALTH: The Board of Health of the Township of Rochelle Park or any officer, employee or agent designated by the Board of Health to act in a matter on behalf of the Board.

BOD (denoting "biochemical oxygen demand"): The quality of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C. expressed in parts per million by weight.

BUILDING CONNECTION: That part of the sewer system which begins five feet outside the inner face of the building wall and which receives sewage from the building drain and conveys it to the building sewer lateral.

BUILDING SEWER LATERAL: That part of the public sewer which runs from the sewer main to the curb or property line.

GARBAGE: Solid wastes from the preparation, cooking or dispensing of food and from the handling, storage or sale of produce.

GREASE INTERCEPTOR: A device installed in the drain line of dishwashing equipment and sinks, which mechanically skims grease particles from the wastewater so as to keep them from entering the sewer system.

GREASE TRAP: A device installed in the drain line of dishwashing equipment and sinks to entrap particles of grease to prevent them from entering the sewer system.

INDUSTRIAL WASTE: The liquid waste from industrial processes, as distinct from domestic sewage.

NATURAL OUTLET: An outlet into a stream, watercourse, pond, ditch, lake or other body of ground-, storm- or surface water.

PERSON: Any individual, firm, company, association, corporation, partnership, society or group, or any combination thereof.

pH: The logarithm to the base 10 of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

PLUMBING: The practice of installing, maintaining, extending, repairing and altering plumbing systems. It shall also mean the plumbing system as herein defined.

PLUMBING SUBCODE OFFICER: A person licensed and authorized to inspect plumbing pursuant to the provisions of P.L. 1975, c. 217, as amended, and N.J.A.C. 5:23, and who is in the employ of the Township.

PLUMBING SYSTEM: The system or network of facilities within or adjacent to any building, structure or conveyance (including piping materials, controls and fixtures, together with their venting systems and other appurtenances) up to the point of connection of such system to a public or private sewer, a public or private water supply for potable or nonpotable purposes, a natural outlet or any other point of discharge or supply.

RESTAURANT: As defined in § 185-97 of Chapter 185, Land Use and Development Regulations, an establishment where food and drink are prepared, served and consumed primarily within the principal building and including serving prepared food which is also intended for consumption off the premises, such as pizza parlors, bakeries and similar establishments; provided, however, that the term "restaurant" shall not be deemed to include what is commonly known as a "supermarket," "grocery store" or "delicatessen."

SEWAGE: Any liquid waste containing animal, chemical or vegetable matter in suspension or solution.

SEWAGE, DOMESTIC: Ordinary nonindustrial sewage (but not including stormwater, groundwater or surface water), for example, sewage discharging from toilets, washbowls, bathtubs and like sanitary conveniences installed in dwellings, apartment houses and hotels, office and commercial buildings and factories and institutions.

SEWAGE TREATMENT PLANT: Any arrangement of devices and structures used for treating sewage.

SEWER: A pipe or conduit used for carrying sewage.

SEWERAGE WORKS: All facilities for the collection, pumping and disposing of sewage.

SEWER, SANITARY: A sewer that has been designed to carry sewage and not stormwater, surface water and groundwater.

STORM SEWER or STORM DRAIN: A sewer, gutter, culvert, catch basin or like facility that has been designed to carry stormwater, surface water and groundwater and not domestic sewage or industrial wastes.

SUSPENDED SOLIDS: Solids that either float on the surface or are in suspension in water, sewage or other liquids and that are removable by laboratory filtering.

TOWNSHIP: The Township of Rochelle Park or any officer, employee or agent designated by the Township Committee to act in a matter on behalf of the township.

[1]

Editor's Note: See N.J.S.A. 52:27D-119 et seq.

§ 155-2 Connection to sanitary sewers.

Authorized persons to make connection. No person, other than a person authorized by the township, shall uncover, make any connection with or opening into, use, repair, alter or disturb any public sewer lateral and the appurtenances thereof.

Barricades and protective devices. Each person performing work on public property of the township for the purpose of installing or making connections to building sewer laterals shall cause the work to be adequately guarded with barricades, lights and other measures for the protection of the public. Streets, sidewalks, parkways, curbs and other public property disturbed in the course of the work shall be restored or replaced in a manner satisfactory to the township.

Pursuant to the provisions of N.J.S.A. 40A:60-8,[1] the Department of Public Works is hereby vested with the power, authority, right and privilege, and there is hereby imposed upon said Department the duty, to provide for the maintenance and operation of the public sanitary sewer line up to the main sewer line. Any work to be performed in connection with the maintenance of this area of the sanitary sewer system shall be performed by the Department of Public Works or other person authorized by the Township. The area of the sanitary sewer system between the main line and the property line which is described herein as the "building sewer lateral" shall be the responsibility of the owner of the property which is serviced by the lateral.

Amended 11-12-2003 by Ord. No. 900-03]

[1]

Editor's Note: See N.J.S.A. 40:69A-1 et seq.

§ 155-3 Use of sanitary and storm sewers.

Prohibited acts. No person shall:

(1)

Place or deposit or cause or permit to be placed or deposited in an unsanitary manner upon public or private property within the township or in any street or other area under the jurisdiction of the township any human or animal excrement, garbage, industrial waste, foul liquids or any other liquids or solid waste that is malodorous or unsanitary.

(2)

Discharge or cause or permit to be discharged to any natural outlet or storm sewer in the township or any street or other area under the jurisdiction of the township any domestic sewage, industrial waste or other polluted waters, except where suitable treatment has been provided in accordance with this chapter.

(3)

Uncover or cause or permit to be uncovered any portion of the public sewer or any storm drain or the connecting branches thereof or open any manhole or flush tank unless authorized, in writing, by the township to do so.

(4)

Open or cause or permit to be opened any public street or place for the purpose of making any sewer connection or make or cause to be made any connection with the public sewer or any building connection or other branch of the public sewer unless authorized, in writing, by the township to do so.

(5)

Make or cause to be made any excavation within four feet of any public sewer or blast any rock within 10 feet thereof unless authorized, in writing, by the township to do so.

(6)

Use or cause or permit to be used any metal, mechanical or electrical cutters, eels or snakes or any other sewer cleaning apparatus within the township without first having been authorized by the township to do so.

(7)

Breach, cut or remove or cause or permit to be broken, cut or removed any pipe of the public sewer unless authorized, in writing, by the township to do so.

(8)

Direct the discharge or cause or permit the direction of the discharge into any portion of the public sewer, directly or indirectly, of any clear drainage, such as the discharge from air-conditioning units, groundwater, surface water or rainwater from sidewalks, yards, areas, courts, roofs or any sump, cistern or tank overflow, combined sewers being hereby prohibited.

(9)

Discharge or cause or permit the discharge into any building connection, building sewer lateral or any portion of the public sewer, directly or indirectly, of any drainage or overflow from privies or other receptacles storing or designed to store organic wastes or any underground drains or channels unless the connection thereof to the building connection, building sewer lateral or public sewer shall have been authorized and approved, in writing, by the township.

(10)

Connect or cause or permit the connection with any portion of the public sewer, directly or indirectly, of any exhausts, boiler blowoffs, sediments, drips or any pipes carrying or constructed to carry acids, dyes, brine, germicides, greases, gasoline, naphtha, radioactive materials or any other substance detrimental to the sewers or their appurtenances or to the operation of the township or the authority sewer systems.

(11)

Throw or deposit or cause or permit to be thrown or deposited in any fixture, vessel, receptacle, inlet or opening connected, directly or indirectly, with any portion of the public sewer anything other than sewage. It is the intent hereby to prohibit any straw, garbage, wood, glass, plastic, grease, ashes, cinders, fabrics or tar or other viscous material or any other substance capable of causing obstruction from being introduced into the public sewers.

Discharge restriction. Except as hereinafter provided, no person shall discharge or cause or permit to be discharged any of the following described waters or wastes into any public sewer:

(1)

Any liquid which may contain more than 100 parts per million by weight of fat, oil or grease.

(2)

Any gasoline, benzine, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

(3)

Any liquid having a pH factor lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or a hazard to the structure, equipment and personnel of the township.

(4)

Any liquid containing a toxic or poisonous substance in a sufficient quantity so as to injure or interfere with any sewage treatment processes, to constitute a hazard to humans or animals or to create any hazard in the receiving waters of the sewage treatment plant.

(5)

Any liquid containing suspended solids of such character and quantity that unusual attention or expense is required to handle such matters at the sewage treatment plant.

(6)

Any noxious or malodorous gas or substance capable of creating a public nuisance.

Interceptors/traps.

(1)

Grease, oil and sand interceptors shall be provided when, in the opinion of the township, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for one-family-dwelling houses. All interceptors or traps shall be of a type and capacity approved by the Township Engineer and shall be located so as to be readily and easily accessible for cleaning and inspection.

(2)

Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of a substantial construction and watertight and shall be equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. All grease, oil and sand interceptors shall be maintained by the owners, at their expense, in continuously effective operation at all times.

All restaurants, as defined herein, within 90 days from adoption of this chapter, shall be required to install and maintain an approved grease interceptor or trap on all dishwashing equipment, sinks or any other areas where sewage is discharged into the township's sanitary sewer system. It shall be the responsibility of each owner to maintain the interceptor or trap to avoid grease entering the sewer system and to post and maintain a log adjacent to said interceptor or trap for each cleaning. Any designated representative of the Board of Health or the Department of Public Works shall have the right to inspect said equipment to ensure proper maintenance. Failure to properly maintain said equipment shall be a violation of this chapter. Further, the clearance and cleaning of any blockages in the sanitary sewer mains attributable to a specific restaurant owner shall be paid by the owner. Such charges shall include, but not be limited to, the full cost for township labor, including fringe benefits and equipment costs. Any property damage caused by sewer backups shall also be borne by the owner causing the blockages.

Any grease arising out of any cooking, grilling, frying or meat trimming shall be recycled, using a qualified firm equipped to handle such materials.

§ 155-4 Damages.

Destruction or tampering prohibited. No person shall break, damage, destroy, deface or tamper with any structure, appurtenance or equipment which is part of the township sewer system.

Liability. Any person who, by reason of a violation of the provisions of this chapter or any other improper use of the township sewer system or any of its branches, appurtenances or connections, shall cause damage to said township sewer system or to the system or facilities of the authority to which the township sewer system is connected shall be liable to the township for all costs and expenses that may be incurred by the township for the correction of any such damage. The township shall have the right to recover such costs and expenses and the cost and expense of prosecuting its claim from any such person by the appropriate action at law in a court of competent jurisdiction. The right of the township to be reimbursed for any costs and expenses incurred shall be an additional remedy, and such person shall also be subject to the penalties contained in this chapter for violation of its provisions.

§ 155-5 Administration and enforcement.

Jurisdiction. The Board of Health and the Department of Public Works and the Construction Code Officials shall have concurrent jurisdiction in the administration and enforcement of the provisions of this chapter.

Right of entry for inspections. The authorized officers, agents and employees of the township and of the Board of Health, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.

§ 155-6 Violations and penalties.

Any person who shall violate or fail to comply with any of the provisions of this chapter or who shall participate or assist in such violation or failure to comply or who, as owner, tenant or other person in occupancy, architect, contractor or agent, servant or employee, shall permit the commission of such violation or maintain such violation or shall suffer such violation to continue shall, upon conviction, be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both, in the discretion of the court before whom such conviction shall be had. Each day that such violation shall continue or is permitted or suffered to be continued or maintained shall constitute a separate offense.

§ 155-7 User charge and industrial cost recovery system.

Use of sewers. The use of all sanitary sewers of the Township of Rochelle Park shall be in compliance with the rules and regulations enacted by the Bergen County Utilities Authority.

Adoption of county standards. The Township of Rochelle Park hereby adopts and enacts the user charge system and industrial cost recovery system contained in the rules and regulations of the Bergen County Utilities Authority and authorizes their immediate implementation by the Township Collector-Treasurer.

Copies on file. Not fewer than three copies of the rules and regulations of the Bergen County Utilities Authority have been and are filed in the Office of the Clerk of the Township of Rochelle Park and are available for public inspection during normal business hours.

Cost of copies. Copies of the rules and regulations of the Bergen County Utilities Authority can be obtained from the Bergen County Utilities Authority for the cost of publication.

Article II Sewer Connection Fees

[Adopted 3-16-2005 by Ord. No. 922-05]

§ 155-8 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CONNECTION FEE: The charge imposed by the Township of Rochelle Park for each new connection with its sewer system or an existing connection where a new use or expanded use would increase the sewer flow.

DWELLING UNIT: A dwelling as defined in § 185-97 of this Code.

LIGHT MANUFACTURING AND INDUSTRIAL BUSINESS: Those uses allowed in the Rochelle Park Zoning Districts Industrial A and B.

RETAIL AND COMMERCIAL BUSINESS: Those uses as allowed in the Township of Rochelle Park Zoning Districts A, B, C, and BA-1.

SEWER UNIT: A number upon which the sewer connection or hookup fee shall be calculated. The sewer unit shall be a multiplier for the fee as set forth herein.

§ 155-9 Permit required.

No sewer connection shall be made without a permit therefor issued by the Building Department of the Township of Rochelle Park. The Department may make any regulations governing the manner and method of making such connections. No connection shall be covered until the same has been inspected and approved by the Department.

§ 155-10 Imposition of fee.

As a condition of every certificate of occupancy for new construction, renovation or expansion, there shall be imposed upon every applicant a sewer connection or hookup fee, which shall be in addition to any other fees imposed pursuant to local ordinance or state law.

The application for extension of new sewer connections or the alterations to existing sewer connections shall be accompanied by a diagram showing the relative elevation of the lowest plumbing fixture and the invert and diameter of the sanitary sewer where such connection is to be made.

Upon approval of such diagram by the Building Department and prior to the issuance of the permit for the installation of the plumbing system or any other work to be performed, the applicant shall pay a fee in accordance with the schedule contained herein.

§ 155-11 Fees.

The following fees shall be collected by the Building Department in furtherance of the within article:

Each sewerage unit shall be equal to $1,200.

There shall be imposed upon the following uses a sewerage unit value as defined therein:

(1)

For each dwelling unit: a sewerage unit value of one.

(2)

For restaurants, cocktail lounges and taverns: a sewerage unit of one for each 20 seats authorized for patrons.

(3)

For manufacturing and industrial uses, except as otherwise separately classified herein: a sewerage unit value of one for each 2,200 square feet of gross floor area. Additional information submitted or required to be submitted by the Construction Official/Zoning Officer/Township Engineer may result in an increase or decrease of the sewerage units imposed.

(4)

For all automatic car-washing businesses: one sewerage unit for each 10 cars served per day.

(5)

For all self-serve and nonautomatic car-washing businesses: one sewerage unit for each 20 cars served per day.

(6)

For all other commercial uses: one sewerage unit for each 2,200 square feet of gross floor area. But in no case shall the fee be less than $2,000.

The Township Committee shall annually, no later than May 1 of each calendar year, review the fee recommendations made by the Construction Official to the Sewer Connection Fee Ordinance for each of the classes of potential sewer users. The Township Committee shall, thereafter, by resolution, fix the sewer connection or hookup fee for the following year. If the Township Committee does not act upon those recommendations, the fees currently in place will continue until the next review period.

§ 155-12 Minimum fee, commercial connections.

In the event of a new connection for commercial premises as a result of a change of use, expansion of use or new use, where such use does not result in an increase in sewer load, and in such cases where there is no dwelling unit calculation as described herein, there shall be a minimum connection fee imposed in the amount of $2,000.

In the event that there is any change in use for any existing property, a review will be conducted and a sewer connection fee shall be assessed by making a comparison between the new use and the existing use. The connection fee shall be based upon the change in use or increase in flow as determined by the Building Department.

§ 155-13 Fee/uses not specifically listed.

A use not specifically described in this article shall be charged a fee under the category which most closely matches its operation from among those classes described in this article. The determination pursuant to this subjection shall be made by the Construction Official. The Construction Official shall consider any relevant factors in making this determination, including, without being limited to, review of surveys, engineering reports or technical data.

§ 155-14 Violations and penalties.

Any person who shall violate or fail to comply with any of the provisions of this article or who shall participate or assist in such violation or failure to comply or who, as owner, tenant or other person in occupancy, architect, contractor or agent, servant or employee, shall permit the commission of such violation or maintain such violation or shall suffer such violation to continue shall, upon conviction, be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both, in the discretion of the court before whom such conviction shall be had. Each day that such violation shall continue or is permitted or suffered to be continued or maintained shall constitute a separate offense.