[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong 8-6-2003 by 13-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 24.
Sewer utility — See Ch. 47.
Uniform construction codes — See Ch. 93.
Site plan review — See Ch. 191.
Subdivision of land — See Ch. 209.
Zoning — See Ch. 242.
Plumbing standards — See Ch. 266.
Sanitary code — See Ch. 274.
Sewage disposal systems — See Ch. 278.
The intent and purpose of this chapter are as follows:
A. 
To require the use of public sewers.
B. 
To prohibit the discharge of sewage and waste into the sewerage system in excess of its carrying capacity.
C. 
To prohibit or regulate the discharge of sewage industrial wastes which may cause maintenance and/or operating difficulties of the sewers or other structures and equipment appurtenant to the sewerage system.
D. 
To require the treatment before introduction to the sewerage system of such wastes as may otherwise impair the strength and/or durability of structures appurtenant to the system by direct or indirect chemical action or which may adversely affect normal treatment processes at sewage treatment plants.
E. 
To establish the characteristics of the sewage and industrial wastes.
F. 
To establish the design standards, materials and methods of construction for connecting to the public sewer.
G. 
To establish the fees for connection to the public sewer.
A. 
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
ACCESSORY STRUCTURE
A subordinate structure or building, the purpose of which is customarily incidental to that of the main building and is on the same lot. Accessory structure, or residential accessory structure, shall include, but not be limited to, such structures as detached garages, boathouses or any separate structure with sanitary facilities to be connected to the municipal sewer system.
BIOCHEMICAL OXYGEN DEMAND
The quantity 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.
BOROUGH
The Borough of Hopatcong, New Jersey.
BOROUGH ATTORNEY
The duly appointed Attorney of the Borough.
BUILDING DRAIN
That part of the lowest horizontal piping of drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the buildings and conveys it to the building sewer, beginning three feet outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the building sewer lateral or other place of disposal.
BUILDING SEWER LATERAL
That part of the sewer system extending between the public sewer main and the curb line of the equivalent dwelling unit (EDU).
CLEANOUT
The cleanout shall be located at the theoretical curbline of any property and a public or private street or any easement and shall be the point of connection of any property serviced by a gravity sewer line to the municipal sewer system. The Borough shall be responsible for the maintenance of the building sewer lateral from the sewer line to the cleanout, and the property owner shall be responsible for the sewer lateral from the cleanout to the structure connected to the municipal sewer system.
COMMERCIAL PROPERTIES
All properties containing one or more commercial uses or a mixture of one or more commercial uses and one or more residential uses.
[Added 12-6-2006 by Ord. No. 39-2006]
EDU ("equivalent dwelling unit" or otherwise referred to herein as “service unit”)
A unit of measure which estimates sewage flow generated equivalent to that generated by a single-family residential dwelling unit. For the purpose of this chapter, an equivalent dwelling unit (EDU) shall be deemed to be a sewage flow of 200 gallons per day (gpd).
[Added 12-6-2006 by Ord. No. 39-2006]
FLAMMABLE LIQUID
Pollutants which create a fire or explosion hazard in the local sewerage system or the MSA Regional Sewerage Treatment Works, including but not limited to waste streams with a closed cup flashpoint of less than 140º F. or 60º C. using the test methods specified in 40 CFR 261.21.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
GREASE INTERCEPTOR
A receptacle designed to collect and retain grease and fatty substances normally found in kitchen or similar wastes. It is installed in the drainage system between the kitchen or other point of production of the waste and the building sewer.
GRINDER PUMPS
A part of a building sewer that shreds and conditions sewerage and discharges under pressure into either a low head pressure system or into a gravity system at a higher elevation than the discharge point. The grinder pump shall be the point of connection of the property to the municipal sewer system.
[Amended 9-21-2016 by Ord. No. 23-2016]
INDIVIDUAL WATER SOFTENER
Any public or private water unit designed to filter, treat, separate or soften private or domestic water supplies.
INDUSTRIAL WASTE
The liquid wastes from industrial processes as distinct form sanitary sewage.
INITIATION FOR INTERCEPTOR
A receptacle designed and constructed to intercept or separate and prevent the passage of oil, grease, sand or similar materials into the drainage system to which it is directly or indirectly connected.
LOCAL SEWERAGE SYSTEM
System of sewer and appurtenances including sewer mains, pumping stations, grinder pumps, building sewer laterals and cleanouts owned and operated by the Borough of Hopatcong for the collection, transportation and pumping of sewage and industrial wastes to the MSA Regional
[Amended 8-3-2005 by Ord. No. 26-2005]
MOTEL and ROOMING HOME
Any property containing multiple rooms for rent by the day, week or month primarily for sleeping accommodations for transient residential use without complete kitchen and living facilities. Motels and rooming homes shall be considered commercial properties under this chapter.
[Amended 12-6-2006 by Ord. No. 39-2006]
MSA
The Musconetcong Regional Sewerage Authority.
MSA REGIONAL SEWERAGE TREATMENT WORKS
All facilities owned and operated by the MSA for collecting, conveying, pumping, treatment and disposing of sewage.
NATURAL OUTLET
Any outlet which discharges water directly or indirectly into a watercourse, pond, ditch, lake or other body of surface or ground water.[1]
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLUMBING INSPECTOR
A person licensed and authorized to inspect plumbing pursuant to the provisions of N.J.S.A. 26:1A-38 to 26:1A-44 and N.J.S.A. 26:3-20 and in the employment of the Borough of Hopatcong.
PUBLIC PROPERTIES
Any building or property belonging to the Borough of Hopatcong, Board of Education of the Borough of Hopatcong, County of Sussex, State of New Jersey or any political subdivision or agency of any of the foregoing.
PUBLIC SEWER
A sewer in which all owners of abutting properties have certain rights and which is controlled by public authority.
RESIDENTIAL PROPERTIES
All single-family homes and apartments, townhouses, condominiums, and co-op properties containing more than one single-family dwelling.
[Added 12-6-2006 by Ord. No. 39-2006]
SAND INTERCEPTOR
An interceptor designed primarily for sand.
SANITARY SEWAGE (domestic or home sewage)
Wastewater, water-carried culinary wastes and liquid waste containing human excrement and other matter, flowing in or from a building drainage system or sewer originating in a building, factory or institution.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SERVICE CHARGE
The annual charge imposed by the Borough of Hopatcong for the use of the municipal sewer system. Such charge shall be calculated on an EDU basis and shall be sufficient to satisfy all of the financial obligations of the Borough's sewer utility on an annual basis.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWER
A pipe or conduit for carrying sewage.
STORM SEWER or STORM DRAIN
A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
STRUCTURE
A building containing one or more residential units, nonresidential units, or a mixture thereof.
[Added 12-6-2006 by Ord. No. 39-2006]
SUPERVISOR OF WATER AND SEWER
A representative of the Borough of Hopatcong duly appointed for the position of Supervisor of Water and Sewer and/or its designated representatives.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
WASTEWATER TREATMENT SYSTEM
All of the component facilities of the Musconetcong Sewerage Authority and the Hopatcong Sewer System for the collection, conveyance, treatment and discharge of sewage effluent.
WATERCOURSE
A man-made or naturally occurring channel in which a flow of water occurs, either continuously or intermittently.
[1]
Editor's Note: The former definition of “nonresidential,” which immediately followed this definition, was repealed 12-6-2006 by Ord. No. 39-2006.
B. 
Word usage.
(1) 
"May" will be considered permissive.
(2) 
"Shall" will be considered mandatory.
A. 
It shall be unlawful for any person to place or deposit in an unsanitary manner, upon public or private property within the Borough of Hopatcong, or in any area under the jurisdiction of said Borough, any human or animal excrement, garbage or other noxious waste.
B. 
It shall be unlawful to discharge to any natural outlet within the Borough, or in any area under the jurisdiction of said Borough, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with the Sanitary Code of the Borough.[1]
[1]
Editor's Note: See Ch. 274, Sanitary Code.
C. 
The owner of each house connection shall be responsible for and make such provisions as he deems necessary to protect his premises against backflow of sewage from the sanitary sewer. Sufficient check valve and appurtenant equipment shall be installed and maintained by owner as he deems necessary. All such appurtenances and equipment shall be the sole responsibility of the owner, and the Borough assumes no responsibility for its installation and operation nor for damage caused by sewerage backflow.
D. 
It shall be unlawful for any person, without legal authority to do so, to disturb, alter, tamper with, injure, change, obstruct access to or to interfere with any part of the local sewage system.
[Added 8-3-2005 by Ord. No. 26-2005]
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, swimming pool water, sump pump discharges, once through cooling water or unpolluted industrial process waters to any sanitary sewer. However, the Borough encourages those property owners with water softeners to develop and use alternate means of disposal of individual water softener discharges in order to avoid the discharge of water softeners into the municipal sewer system where it is practical to do so.
B. 
Stormwater and all other unpolluted processed water or drainage shall be discharged to such sewers as are specifically designated as storm drains or storm sewers or to a natural outlet. Industrial cooling water once through or unpolluted process waters may be discharged, upon approval of the Municipal Engineer, to a storm drain or natural outlet.
C. 
No person shall discharge or cause to be discharged to any public sewer:
(1) 
Gasoline, benzene, naphtha, fuel oil, lubricating oils and greases, flammable or explosive liquids, gases, paint and lacquers, tars, plastics and other viscous substances.
(2) 
Shredded garbage.
(3) 
Abrasive, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics or woods.
(4) 
Solid or viscous substances which are capable of causing obstructions in sewers or interference with the proper functioning of the treatment processes.
(5) 
Any liquid or vapor having a temperature higher than 110º F.
(6) 
Any waters or wastes which may contain more than 10 parts per million by weight of fat, oil or grease.
(7) 
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle the materials at the sewage treatment plant.
(8) 
Wastes containing viable pathogenic bacteria other than those normal to domestic sewage.
(9) 
All wastes containing corrosive matters or toxic or poisonous substances in sufficient quantity to injure or interfere with the sewage treatment process or create any hazard to humans, animals, sewers, structures, equipment or personnel of the sewage treatment works or to create any hazard in the receiving waters of the sewage treatment plant.
(10) 
Any noxious, toxic, corrosive or malodorous solids, liquids or gases which, either singly or by interaction with other substances, are capable of creating a public nuisance and hazard to life or preventing entry into sewers for their maintenance and repair.
(11) 
Any radioactive isotopes and antibiotic wastes.
(12) 
All waters, wastes or deleterious substances which shall be excluded from discharge to intercepting or trunk sewers of the MSA as defined by existing or future regulations of the MSA and existing or future agreements between the Borough and the MSA.
(13) 
Any waters, wastes or deleterious substances which require pretreatment or dilution before introduction to intercepting or trunk sewers of the MSA as defined by existing or future agreements between the Borough and the MSA.
(14) 
Any water or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
(15) 
Any waters or wastes having a five-day biochemical oxygen demand greater than 300 parts per million by weight.
(16) 
Any waters or wastes containing more than 350 parts per million, by weight, of suspended solids.
(17) 
Any waters or wastes containing levels of total phosphorous as P greater than 6.0 parts per million.
D. 
The following concentrations of additional substances will govern the acceptance of sewage by the MSA:
Substance
Maximum Allowable Parts per Million
Total iron
1.0
Copper
1.0
Chromium (hexavalent)
0.05
Cyanides
0.20
Phenols
0.005
Free mineral acid
None
Acetylene generation sludge
None
E. 
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(1) 
When required by the Borough, the owner of any property served by a building sewer carrying industrial wastes shall install a control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Borough. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
(2) 
Where necessary in the opinion of the Borough, the owner shall provide, at his expense, such preliminary treatment as may be required to reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight; or reduce objectionable characteristics or constituents to within the acceptable limits provided for in Subsection C above; or control the quantities and rates of discharge of such waters or wastes.
(3) 
Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Borough, MSA and the New Jersey Department of Environmental Protection (NJDEP). Under no circumstances can any construction of such facilities commence until said approvals/permits are obtained in writing.
F. 
No statement contained in this section shall be construed as prohibiting any special arrangement between the Borough and any persons whereby an industrial waste of unusual strength or character may be admitted to the sewerage system, whether before or after pretreatment, provided that there is no impairment of the functioning of the sewerage system or any sewerage treatment plant by reason of the administration of such wastes.
(1) 
The Borough may, on a routine basis, randomly grab discharge samples from individual generators, and once a particular discharge is found to exceed the maximum limits specified previously, the qualitative surcharge will be imposed. Additionally, a minimum frequency of quarterly grab sampling will be conducted by the Borough for determining any excessive constituents or characteristics, and the additional charges for the same shall be reflected and payable by the owner or occupant in his quarterly sewer billing.
(2) 
Any violation of the aforementioned standards set forth above shall permit the Borough to issue a cease and desist notification of that discharge. The Borough may thereafter proceed by all appropriate methods in enforcement of such cease and desist notification.
G. 
All measurements, tests and analysis of the characteristics of waters or wastes to which reference is made herein shall be determined by a New Jersey Department of Environmental Protection (NJDEP) certified laboratory for water and wastewater analysis and in accordance with the latest edition of Standard Methods for the Examination of Water and Sewage. Samples will be collected at the most representative point of collection deemed by the Borough.
H. 
In no event shall the achievement of any acceptable limits as pertains to this section be accomplished by any form of dilution.
I. 
It shall be unlawful to discharge any industrial waste into the municipal sewer system without the prior written consent of both the MSA and the Borough. The MSA and the Borough shall both have the right to limit the quantity and quality of any industrial discharge into the municipal sewer system and require pretreatment of any such discharge at the sole expense of the property owner. If permitted to be discharged into the municipal sewer system, all industrial wastes shall be pretreated to a domestic equivalent standard and shall comply with all federal and state regulations governing same.
J. 
The Borough hereby establishes the following program to ensure the elimination of sources of groundwater, surface water and shredded garbage discharges into the local sewage system.
[Added 8-3-2005 by Ord. No. 27-2005]
(1) 
Any person who permits or has permitted on his or her property any connection of a sump pump, roof drain, area drain or garbage shredder to the local sewage system shall cause said restricted discharge to be immediately disconnected from the local sewage system at said person’s sole cost and expense.
(2) 
After said person has disconnected his or her garbage shredder, said shredder shall remain disconnected and shall not thereafter be reconnected to the local sewage system.
(3) 
After said person has disconnected his or her sump pump, roof drain or area drain from the local sewage system, said person shall be permitted to continue to utilize on his or her property said pump or drain system in accordance with the following requirements:
(a) 
The pump shall have a permanent piping installation to direct flow at least ten feet from a building structure and at a location which will minimize infiltration to the building foundation and/or local sewage system.
(b) 
The pump or drain discharge pipe shall not discharge water, either directly or indirectly, to a public right-of-way, easement or public property without permission from the Borough Engineer. Said Engineer, when evaluating a request to redirect flow from a pump or a drain, shall require the submittal of the following information:
[1] 
A written proposal noting thereon how the flow is intended to be redirected to discharge to a storm sewer or the gutter line of a street so that icing or street erosion conditions will not occur.
[2] 
A sketch submitted showing the connection of the pump or drain line to a storm sewer; submission of any street opening permit required, if work is to be done in the Borough right-of way.
(c) 
The new pump or drain connection shall not discharge water onto any adjacent property.
(d) 
No pump or drain connection shall be made to the local sewage system.
K. 
Prior to the transfer of title of any real property containing a building connected to the local sewage system, the owner shall obtain a certificate of compliance from the Construction Code Official, or his designee, that the property is in compliance with the provisions of this section. The property owner shall apply for the certificate on a form provided by the Borough. The fee for said inspection shall be $50 which shall be paid by the property owner prior to said inspection. The Construction Code Official, or his designee, shall inspect the property and shall issue the certificate if said property is found to be in compliance with the provisions of this section.
[Added 8-3-2005 by Ord. No. 27-2005]
L. 
The Borough shall have the right at any time upon reasonable cause to inspect any structure connected to the local sewage system for any prohibited discharge into the local sewage system.
[Added 8-3-2005 by Ord. No. 27-2005]
M. 
Grease traps.
[Added 6-4-2014 by Ord. No. 11-2014]
(1) 
Grease, oil and sand interceptors shall be provided as follows:
(a) 
Grease interceptors shall not be required for residential users.
(b) 
The requirements of this section shall apply to both new and existing facilities generating fats, oils, or greases as a result of food manufacturing, processing, preparation, or food service. These facilities include but are not limited to restaurants, food manufacturers, food processors, hospitals, hotels and motels, prisons, nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption.
(c) 
No user may intentionally or unintentionally allow the direct or indirect discharge of any fats, oils, or greases of animal or vegetable origin into the municipal sanitary sewer system in quantities above 100 ppm or in such amounts as to cause interference with the collection and treatment system, or as to cause pollutants to pass through the treatment works into the environment.
(2) 
Installation and maintenance requirements.
(a) 
Installations.
[1] 
New facilities. Food processing or food service facilities which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include a food service facility, where such facility did not previously exist, shall be required to design, install, operate and maintain a grease interceptor in accordance with locally adopted plumbing codes or other applicable ordinances. Unless otherwise approved, grease interceptors shall be located a minimum of 20 feet from any potential hot water discharges. Grease interceptors shall be installed and inspected prior to issuance of a certificate of occupancy.
[2] 
Existing facilities. Existing grease interceptors must be operated and maintained in accordance with the manufacturer's recommendations and in accordance with these model standards, unless specified in writing and approved by the municipal sanitary sewer system.
[3] 
All grease interceptor waste shall be properly disposed of at a facility in accordance with federal, state, or local regulation.
(b) 
Cleaning and maintenance.
[1] 
Grease interceptors shall be maintained in an efficient operating condition at all times.
[2] 
Each grease interceptor when cleaned shall be fully evacuated.
(c) 
Self-cleaning; hydro-mechanical grease interceptors only.
[1] 
Grease interceptor self-cleaning operators must receive approval from the municipal sanitary sewer system to remove grease from their own grease hydro-mechanical grease interceptors. The following conditions shall apply:
[a] 
The grease interceptor is no more than 100 GPM size;
[b] 
Proper on-site material disposal methods are implemented (e.g., absorb liquid into solid form and dispose into trash);
[c] 
The local solid waste authority allows such practices;
[d] 
Grease waste is placed in a leakproof, sealable container(s) located on the premises and in an area for the transporter to pump out; and
[e] 
Detailed records on these activities are maintained.
[2] 
Grease interceptor self-cleaning operators must submit a completed self-cleaning request to the municipal sanitary sewer system for approval. The written request shall include the following information:
[a] 
Business name and street address;
[b] 
Grease interceptor operator name, title, and phone number;
[c] 
Description of maintenance frequency, method of disposal, method of cleaning and size (in gallons) of the grease interceptor; and
[d] 
Signed statement that the operator will maintain records of waste disposal and produce them for compliance inspections.
[3] 
Self-cleaners must adhere to all the requirements, procedures and detailed recordkeeping outlined in their approved application, to ensure compliance with this subsection. A maintenance log shall be kept by self-cleaning operators that indicates, at a minimum, the following information:
[a] 
Date the grease trap/interceptor was serviced;
[b] 
Name of the person or company servicing the grease trap/interceptor;
[c] 
Waste disposal method used;
[d] 
Gallons of grease removed and disposed of;
[e] 
Waste oil added to grease interceptor waste; and
[f] 
Signature of the operator after each cleaning that certifies that all grease was removed, disposed of properly, grease trap/interceptor was thoroughly cleaned, and that all parts were replaced and in operable condition.
[4] 
Violations incurred by grease interceptors self-cleaners will be subject to enforcement action including fines and/or removal from the self-cleaner program.
(d) 
Cleaning schedules.
[1] 
Grease interceptors shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the grease interceptor; to ensure the discharge is in compliance with local discharge limits; and to ensure no visible grease is observed in discharge.
[2] 
Grease interceptors shall be completely evacuated a minimum of every 30 days, or more frequently when:
[a] 
Twenty-five percent or more of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases;
[b] 
The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels established by the municipal sanitary sewer system; or
[c] 
If there is a history of noncompliance.
[3] 
Any person who owns or operates a grease interceptor may submit to the municipal sanitary sewer system a request in writing for an exception to the thirty-day cleaning frequency of their grease interceptor, The municipal sanitary sewer system may grant an extension for required cleaning frequency on a case-by-case basis when:
[a] 
The grease interceptor owner/operator has demonstrated the specific interceptor will produce an effluent, based on defensible analytical results, in consistent compliance with established local discharge limits such as BOD, TSS, FOG, or other parameters as determined by the municipal sanitary sewer system, or
[b] 
Less than 25% of the wetted height of the grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials; sediment, oils or greases.
[4] 
In any event, a grease interceptor shall be fully evacuated, cleaned, and inspected at least once every 90 days.
(e) 
Manifest requirements.
[1] 
Each pump-out of a grease interceptor must be accompanied by a manifest to be used for recordkeeping purposes.
[2] 
Persons who generate, collect and transport grease waste shall maintain a record of each individual collection and deposit. Such records shall be in the form of a manifest. The manifest shall include:
[a] 
Name, address, telephone, and commission registration number of transporter;
[b] 
Name, signature, address, and phone number of the person who generated the waste and the date collected;
[c] 
Type and amount(s) of waste collected or transported;
[d] 
Name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste;
[e] 
Date and place where the waste was deposited;
[f] 
Identification (permit or site registration number, location, and operator) of the facility where the waste was deposited;
[g] 
Name and signature of facility on-site representative acknowledging receipt of the waste and the amount of waste received;
[h] 
The volume of the grease waste received; and
[i] 
A consecutive numerical tracking number to assist transporters, waste generators, and regulating authorities in tracking the volume of grease transported.
[3] 
Manifests shall be divided into five parts and records shall be maintained as follows:
[a] 
One part of the manifest shall have the generator and transporter information completed and be given to the generator at the time of waste pickup.
[b] 
The remaining four parts of the manifest shall have all required information completely filled out and signed by the appropriate party before distribution of the manifest.
[c] 
One part of the manifest shall go to the receiving facility.
[d] 
One part shall go to the transporter, who shall retain a copy of all manifests showing the collection and disposition of waste.
[e] 
One copy of the manifest shall be returned by the transporter to the person who generated the wastes within 15 days after the waste is received at the disposal or processing facility.
[f] 
One part of the manifest shall go to the local authority.
[g] 
Copies of manifests returned to the waste generator shall be retained for five years and be readily available for review by the municipal sanitary sewer system.
[h] 
Alternative treatment.
(f) 
Bioremediation. Bioremediation media shall only be used with approved fog disposal systems ASME A112.14.4.
(3) 
Compliance and penalties. All tests to determine oil and grease, TSS, BOD, COD, pH, and other pollutant levels shall use appropriate tests which have been approved by the Environmental Protection Agency which are defined in Title 40, Code of Federal Regulations, Part 136. Testing shall be open to inspection by the municipal sanitary sewer system, and shall meet the municipal sanitary sewer system's approval.
[Amended 3-4-2015 by Ord. No. 3-2015]
(4) 
Prohibited practices. No person shall introduce, or cause, permit, or suffer the introduction of any surfactant, solvent or emulsifier into a grease interceptor. Surfactants, solvents, and emulsifiers are materials which allow the grease to pass from the grease interceptor into the collection system, and include but are not limited to enzymes, diesel, kerosene, turpentine, and other solvents.
(5) 
Compliance monitoring.
[Amended 9-21-2016 by Ord. No. 23-2016]
(a) 
Right of entry. The municipal sanitary sewer supervisor shall have the right to enter the premises of any user or potential user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the municipal sanitary sewer supervisor ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
[1] 
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the municipal sanitary sewer supervisor will be permitted to enter without delay for the purposes of performing specific responsibilities.
[2] 
The municipal sanitary sewer supervisor shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
[3] 
The municipal sanitary sewer supervisor may require the user to install monitoring equipment as necessary such as FOG sensing and alarm devices complying with PDT G102. The facility's monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense.
[4] 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the municipal sanitary sewer supervisor and shall not be replaced. The costs of clearing such access shall be borne by the user.
[5] 
Unreasonable delays in allowing the municipal sanitary sewer supervisor access to the user's premises shall be a violation of this subsection.
(b) 
Search warrants. If the municipal sanitary sewer supervisor has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this subsection, then the municipal sanitary sewer supervisor may seek issuance of a search warrant.
[1]
Editor's Note: The title of this section was amended 6-4-2014 by Ord. No. 11-2014 to include "grease traps."
A. 
All commercial properties and public properties within the Borough shall have a water meter to measure the use of water regardless of whether the property receives water from the municipal water system, a private water company, a well or some other source. The installation of the water meter shall be at the sole cost and expense of the property owners. The type and location of the meter shall be as directed by the Borough.
[Amended 12-6-2006 by Ord. No. 39-2006]
B. 
Any owner or occupant who fails to install a functioning meter within 30 days of the owner's or occupant's receipt of written notice from the Borough to so install a meter shall also be charged a service charge of $50.00 per day for each day after 30 days in which the meter is not installed in addition to all other applicable fees.
C. 
In order to allow for the maximum number of connections to the municipal sewer system, the system shall be limited to only residential users and those nonresidential users generating less than 1,000 gallons of sewage per day based upon water consumption records for the user, excluding any building or structure owned or operated by the Borough or the Board of Education. If no water consumption records are available, the estimated amount of water consumption, as determined by the Borough Engineer using sound engineering principles, shall be controlling. In nonresidential structures containing more than one unit, the one-thousand-gallons-per-day limitation established herein shall be multiplied by the number of units in the building to determine the limitation established by this section. However, in no event shall any nonresidential property discharge more than 2,500 gallons of sewage per day into the municipal sewer system. The aforesaid limitation shall be determined based upon the average daily use of the nonresidential property as measured on a quarterly basis. If water records indicate that more than 2,500 gallons per day of sewage is being discharged into the municipal sewer system by any nonresidential property, the property owner shall be required to establish such water conservation measures as shall be necessary to reduce the daily flow of sewage from the property to 2,500 gallons per day or less. For purposes of determining the amount of sewage flow into the municipal sewer system based upon water meter records, it shall be presumed that 80% of the metered water flow enters the municipal sewer system.
[Amended 3-15-2006 by Ord. No. 4-2006]
The Supervisor of Water and Sewer and other duly authorized employees, agents and consultants of the Borough bearing proper credentials and identification shall be permitted to enter on all properties for the purpose of inspection, observation, measurements, sampling and testing in accordance with the provisions of this chapter. Duly authorized employees, agents and consultants of the MSA shall have the same authority hereunder as Borough employees.
The annual sewer use charge for all sewage discharged into the MSA Regional Sewerage Treatment Works shall be based upon the MSA charges prorated per equivalent dwelling unit (EDU) and the Borough's sewer use fees. There shall be a separate sewer use charge for each service unit served by the wastewater treatment system according to the number and type of service units attributable to the subject real property. In determining service units relative to each parcel of land, the service unit mentioned herein shall be otherwise known and designated as an "equivalent dwelling unit" (EDU). The definition of the term "EDU" as is set forth in § 186-2 hereof shall be controlling.
[Amended 7-21-2004 by Ord. No. 26-2004; 12-21-2005 by Ord. No. 42-2005; 7-5-2007 by Ord. No. 13-2007; 4-17-2019 by Ord. No. 2-2019]
A. 
Sewer service charges shall be billed quarterly on March 1, June 1, September 1, and December 1 of each year, and shall be due within 30 days. In the event that any payment is not made within 15 days of its due date, a late penalty of $25 shall be added.
B. 
In the event that a bill for sewer service charges is not paid within 30 days of the bill date, the account shall be considered delinquent and interest shall be charged at the maximum rate permitted for nonpayment of real property taxes pursuant to N.J.S.A. 54:4-67. Unpaid sewer service charges shall be a lien on the premises and shall be enforceable in the manner provided for real property tax liens pursuant to N.J.S.A. 54:5-1 et. seq.
C. 
Sewer related service fees shall be billed at the time the service is provided and are due within 30 days. Any delinquency in payment for sewer related service fees shall be subject to the same terms, conditions and penalties as set forth in Subsection B for sewer service charges.
[Amended 12-21-2005 by Ord. No. 43-2005; 12-6-2006 by Ord. No. 39-2006; 12-20-2006 by Ord. No. 43-2006; 12-17-2008 by Ord. No. 28-2008; 9-21-2016 by Ord. No. 23-2016; 4-17-2019 by Ord. No. 2-2019; 11-26-2019 by Ord. No. 26-2019]
The annual rate shall be as follows:
A. 
Effective September 1, 2023, the annual sewer rate shall be $1,080 per equivalent dwelling unit (EDU), paid in quarterly installments of $270.
[Amended 4-21-2021 by Ord. No. 10-2021; 8-16-2023 by Ord. No. 19-2023]
B. 
Commercial and public properties shall be billed one EDU for each structure connected to the municipal sewer system. Commercial and public properties shall be billed a surcharge as measured by water consumption as set forth in Subsections C and D. Commercial structures with a master meter shall be billed one EDU plus the surcharge regardless of the number of tenants. Structures without a master meter shall be billed one EDU plus a surcharge for each meter.
[Amended 2-19-2020 by Ord. No. 1-2020]
C. 
In addition to the charge in Subsection B, commercial and public properties shall be billed a surcharge per quarter for use in excess of 10,950 gallons as measured by the water meter servicing the building pursuant to Subsection D.
D. 
The surcharge rate referenced in Subsection C shall be:
Surcharge Rate
Effective Date
$21.92 per 1,000 gallons
January 1, 2020
$24.66 per 1,000 gallons
January 1, 2021
$27.40 per 1,000 gallons
January 1, 2022
E. 
A customer may apply to the Borough to install a meter on the sewer line at their own expense. The property owner is responsible for all maintenance, repair and replacement of the meter. An annual calibration of the meter at the property owner's cost is required. The meter, construction, and reporting details must be approved by the Borough Engineer.
F. 
All single-family residential property, including houses, townhomes, condominiums and co-ops, shall be charged one EDU.
G. 
For residential lots containing more than one single-family residential structure, each single family residential structure on the property shall be charged one EDU.
H. 
For multifamily residential structures and apartments, each unit containing one bedroom shall be billed 0.50 of an EDU and each unit containing two or more bedrooms shall be billed one EDU.
I. 
All mixed-use properties with commercial and residential uses on one lot shall be billed one EDU for each commercial structure plus the surcharge in Subsection D and the number of EDUs indicated by Subsections E, F and G for the residential structures or uses.
J. 
The property owner is responsible to maintain and repair the building sewer lateral and cleanouts from the property line to the structure. If the user fails to make repairs after notice from the Sewer Department, the Borough may make the repairs with the cost billed to the property owner.
K. 
In the event that a structure receiving sanitary sewer service is destroyed or demolished, the owner may apply to the Borough to discontinue sewer service to the property. The fee for the application shall be $150. The property owner shall cap the sewer service line, which shall be Inspected and approved by the Borough Engineer. The quarterly service charge will continue to the end of the quarter in which the final approval is given. The property owner shall obtain all permits required by any other sections of this Code.
In the event that any property containing a structure or structures receiving sanitary sewer service shall be demolished or otherwise removed from the property site, the owner of said property may apply to the Borough to discontinue sewer service to said property. The property owner shall pay a permit fee of $150 for the discontinuance of sanitary sewer service to any such property. The property owner shall also be responsible to cap the sewer service line, which had provided sanitary sewer service to the property, which capping shall be inspected and approved by the Borough. The quarterly service charge for sanitary sewer service to any such property being disconnected from the municipal sewer system shall continue in effect through the end of the quarter in which the Borough issues its final approval of the disconnection of the property from the municipal sewer system. Nothing in this section shall relieve the property owner from obtaining any and all permits required by any other provision of this Code.
[Amended 3-15-2006 by Ord. No. 5-2006; 7-5-2006 by Ord. No. 25-2006; 1-5-2011 by Ord. No. 28-2010; 4-15-2015 by Ord. No. 6-2015]
Each property owner whose property is connected to the municipal sewer system on or after January 1, 2011, shall pay a one-time connection fee of $6,083 per EDU. Thereafter, a connection fee shall be established annually.
A. 
The procedure for determination of connection fees shall be as follows:
(1) 
The amount representing all debt service, including principal and interest paid by the sewer utility for capital improvements, including a pro rata portion of the annual service charge paid by the Borough to the MSA, shall be calculated as of the end of the immediately preceding calendar year.
(2) 
An equivalent dwelling unit (EDU) shall be defined as a single-family residential dwelling unit. The wastewater flow generated from a single-family residential dwelling unit shall be assigned a value of 1.00 EDU and the rate flow in gallons is 200 gallons per day.
(3) 
The number of equivalent dwelling units (EDU), as of the end of the immediately preceding calendar year, serviced by the utility shall be calculated by dividing the average daily wastewater flow, contributed by its users, by the rate of flow assigned to 1.00 EDU.
(4) 
The connection fee for the subsequent calendar year shall be calculated for a single EDU by dividing the debt service, defined under Subsection A(1) by the total number of EDU's, defined under Subsection A(3) above.
(5) 
The connection fee for a single-family residential dwelling unit shall be that for 1.00 EDU.
(6) 
For connectors, other than single-family residential dwelling units, the number of EDU's attributed to that connector shall be calculated by dividing the estimated average daily flow of sewage for the connector by the average daily flow of sewage from an average single-family residential dwelling unit, as defined herein.
(7) 
The estimated average daily flow of sewage for the connector shall be based upon metered water usage for the prior two years. If metered water usage is not available, sewage flow shall be estimated (based upon sound engineering criteria and judgment) by the Borough Engineer.
(8) 
The connection fee for connector, other than single-family residential dwelling units, shall be calculated by multiplying the unit price (cost per EDU), as defined under Subsection A(4), by the number of EDU's attributed to the connector, as defined under Subsection A(6).
B. 
The connection fee of $6,083 per EDU provided hereinabove shall be due and payable prior to the issuance of a certificate of occupancy. Cases where a certificate of occupancy is not required, payment shall be made prior to activation of service. Nothing in this section shall be construed to grant the property owner an automatic extension of a sewerage allocation permit pursuant to § 186-29 of this chapter. Any property owner paying a connection fee is required to comply with all provisions of § 186-29 of this chapter regarding the extension of any sewerage allocation permit beyond a one-year period for which the permit is granted.
[Amended 9-21-2016 by Ord. No. 23-2016]
C. 
Properties undergoing redevelopment shall receive a credit for existing EDUs, provided that the annual sewer user fees remain current. Failure to pay the sewer user fees shall be a discontinuance of sewer service.
[Added 9-21-2016 by Ord. No. 23-2016]
Where the Borough has jurisdiction and has provided for the installation of a sanitary sewer collection and transmission system through any public or private street, roadway, highway or easement (public sewer system), all owners of any developed real property, including, but not limited to, residential, commercial or otherwise, lying on or adjacent to said public or private street, roadway, highway or easement where said main and/or lateral exists, shall, after receiving notice from the Borough as provided for in this chapter, disconnect from and cease utilization of any existing on-site individual sewage disposal system. The owner shall cause any on-site sewage collection and transmission facilities to be connected to the above-referenced public sewer system. The disconnection of the property from the on-site sewage disposal system shall be done in a manner that is in compliance with the ordinances, rules and regulations of Borough Health and Construction Code Departments, as well as any and all other federal, state, country or local laws and regulations which may be applicable.
A. 
Whenever a sewer main and/or lateral is installed in any public or private street, roadway, highway or easement, all owners of any property, including, but not limited to, residential, commercial or otherwise, lying on or adjacent to said public or private street, roadway, highway or easement shall connect to the sewer main and/or lateral within 90 days after service of notice of availability of sewer service provided by the Borough, in writing, which shall be served upon the owner of the property personally or by leaving it at his usual place of abode with a member of his family above the age of 18 years or by mailing such notice by first class mail to the owner’s last known post office address as shown on the tax records of the Borough.
[Amended 9-21-2005 by Ord. No. 32-2005]
B. 
Should the owner of any property fail or neglect to connect to the public sewer system pursuant to Subsection A above, the owner of the property shall be subject to the penalties provided for in this chapter unless the property owner receives an extension of time to connect to the municipal sewer system from the Borough.
[Amended 5-19-2004 by Ord. No. 18-2004; 9-21-2005 by Ord. No. 32-2005]
C. 
The disconnection of an existing individual on-site sewage disposal system shall be done in the following manner and prior to final approval of the connection of the property to the public sewer system:
(1) 
All septic tanks and seepage pits shall have the contents removed or properly disposed of in a manner approved the Borough Health and Construction Code Departments.
(2) 
The Borough Health and Construction Code Departments, upon notification by the property owner, will provide for an official inspection of the abandonment and filling of the septic tanks and seepage pits.
(3) 
All septic tanks and seepage pits shall be closed and abandoned in accordance with all applicable rules, regulations and codes in effect in the Borough.
(4) 
After the official inspection of the pumping and cleaning of the septic system, the filling and the compacting shall commence until all voids have been completely filled and a soil density equal to or greater than that of the surrounding soil has been achieved.
(5) 
Any property owner abandoning an individual septic system may apply to the Borough to utilize said system, or any component thereof, for an alternate drainage use. The property owner shall provide such information as the Borough shall require in order to determine whether or not to allow the proposed alternate use. No proposed alternate use shall be allowed unless approved by the Construction Official and Health Officer of the Borough, or their designees.
[Amended 12-20-2006 by Ord. No. 42-2006]
D. 
The provisions of this chapter shall be enforceable by the Borough through its respective designee(s), which shall include, but not be limited to, the Health Officer and the Supervisor of Water and Sewer.
A. 
The diameter of the building sewer and building sewer lateral shall not be less than three inches. The slope of such pipes shall not be less than 1/4 inch per foot. Where necessary, in the opinion of the Plumbing Inspector, if the above sizes and slope are not adequate, he shall have the right to require a larger diameter pipe or an increased slope that is adequate.
B. 
Whenever possible, the building sewer shall be brought to the building at an elevation not exceeding that of the existing building drain. If the building sewer is brought to the existing building at a lower elevation than the existing building drain, suitable fittings and cleanouts shall be installed, subject to inspection and approval of the Plumbing Inspector. No building sewer shall be laid parallel and within three feet of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost but in no event less than 24 inches deep. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings and shall be subject to the approval of the Plumbing Inspector. Cleanouts shall be installed at all changes of directions, or within 40 feet of any change of direction and every 75 feet of straight run.
C. 
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.
D. 
Building sewers and building sewer laterals shall be constructed only of materials approved for use under the Plumbing Code.[1]
[1]
Editor's Note: See Ch. 266, Plumbing Standards.
E. 
Grease, oil and sand interceptors shall be provided as follows:
(1) 
Grease, oil and sand interceptors shall be provided whenever required by the Plumbing Code.
(2) 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Borough, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Borough and shall be located as to be readily and easily accessible for cleaning and inspection.
(3) 
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which shall be gastight and watertight.
F. 
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
G. 
All building drains outside of the building being connected to the municipal sewer system shall be installed and tested pursuant to the Plumbing Code. Before any portion of the building drain outside of the house is connected to the building sewer, the owner shall prove to the satisfaction of the Borough that the building drain is clean and conforms in every respect to the requirements of this chapter. Before any portion of the building sewer is connected to the building sewer lateral, the Plumbing Inspector shall be satisfied that the building sewer is in good order and conforms in the requirements for construction thereof.
H. 
Where there is no existing building sewer or building sewer lateral available that connects to a public sewer, the property owner shall, prior to the issuance of a certificate of occupancy, apply to the Borough for a building sewer permit for the installation of a building sewer lateral and/or building sewer for connection to the public sewer.
I. 
Maintenance of the public sewer and the building sewer lateral from the public sewer line to the cleanout shall be performed by the Borough.
J. 
The building sewer laterals may not be installed or the public street disturbed therefor by any person or concern who is not a responsible contractor. Such contractor shall provide the Borough with satisfactory evidence of his capacity to perform the work.
K. 
The connection of the building sewer lateral in to the public sewer shall be made at the Y-branch, if such branch is available at suitable location. If no Y-branch is available, the owner shall install a saddle on the sewer main, of such type as approved by the Borough.
L. 
Each sewer pipe shall be laid so as to have a continuous bearing on the bedding material, true to line and grade and in such manner as to form a close concentric joint with the adjoining pipe and to prevent sudden offsets of the flow line. As the work progresses, the interior of the pipe shall be cleared of all dirt and superfluous materials of every description. A suitable swab or drag shall be kept in the pipe and pulled forward past each joint immediately after the joining has been completed. Trenches shall be kept free from water, and pipe shall not be laid when the condition of the trench or the weather is unsuitable for such work. At times when work is not in progress, open ends of pipe and fittings shall be securely and satisfactorily closed so that no trench water, earth or other substance will enter the pipe or fittings.
M. 
Excavations for building sewers and building sewer laterals.
(1) 
Excavation for building sewers and building sewer laterals shall follow lines parallel to and equidistant from the location of the pipe centerline. Trenches shall be excavated to the depths and widths required to accommodate the construction of the sewers. Excavation shall not be carried below the approved grade. Any excavation made below grade for any reason shall be backfilled with the granular material specified hereinafter. Excavation in trenches in rock shall extend to a depth of six inches below the outside bottom of the pipe barrel and brought to required elevation with granular bedding material.
(2) 
Excavation and trenches in earth shall extend a depth of four inches below the outside bottom of the pipe barrel and shall be brought to required elevation with granular bedding material. Where unsatisfactory foundation material is found in earth trenches, such material shall be removed to the extent directed by the Plumbing Subcode Official.
(3) 
In backfilling trenches, loose fine earth, free from clods, stones larger than two inches in greatest dimension and debris, shall be used to a depth of two feet over the top of the pipe. Pursuant to the Plumbing Code,[2] the backfill material shall be carefully tamped under the pipe haunches, on the side and above the pipe in layers not more than six inches deep before compaction. The remainder of the trench shall contain not more than 20% stone by volume, and no one stone shall be more than six inches in its greatest dimension. This material shall be thoroughly tamped in layers not to exceed 10 inches in thickness after compaction. Backfilling and compaction up to two feet over the pipe shall be done by hand. Puddling of trench backfill will not be permitted. Compaction of each layer of backfill shall be to a density at least equal to that of the surrounding earth and to a degree which will prevent settlement of restored or proposed future pavement. The surface shall be mounded over and left in a uniform and neat condition satisfactory to the Borough.
[2]
Editor's Note: See Ch. 266, Plumbing Standards.
(4) 
Excavated materials shall be piled in compact heaps, so placed as to cause the least possible inconvenience to the public. Extreme care shall be taken to prevent any dirt, stones or other undesirable material from entering the public sewer system through the building sewer during these operations.
N. 
Safety precautions.
(1) 
Blasting operations for excavation will be subject to the approval of the Borough and shall conform to the requirements of all laws, ordinances and regulations having jurisdiction over such work.
(2) 
Trenches shall be protected by such sheeting, shoring, bracing and the like as may be required to perform the excavations for safety, including the protection of persons, structures, utilities, etc., and to conform to existing laws.
(3) 
All excavations for building sewer laterals shall be adequately guarded with barricades and lights so as to protect the public from hazard. Sidewalks and other public property disturbed in the course of installing building sewers shall be backfilled within 48 hours from the beginning of excavation.
O. 
Prior to backfilling any trenches or covering any new sewer pipe, the applicant for the building sewer permit shall notify the Borough when the building sewer is ready for inspection and connection to the building sewer lateral. The connection to the public sewer shall be made under the supervision of the Borough representative.
P. 
Building sewers and building sewer laterals shall be subject to all tests set forth in the Plumbing Subcode of the Uniform Construction Code.[3]
[3]
Editor's Note: See Ch. 93, Construction Codes, Uniform.
Q. 
No person shall discharge or cause to be discharged any waters or wastes through any building sewer during construction of the building sewer without written approval of the Borough.
R. 
Prior to final approval and acceptance of the building sewer, a plan showing the location, depths, elevations or other information as required by the Borough shall be furnished and placed on file at the Sewer Department's office by the applicant.
S. 
No person shall discharge or cause to be discharged any waters or wastes through any building sewer prior to final approval and acceptance by the Borough without written approval of the Borough.
T. 
Restoration of pavements. All sidewalk and roadway pavements and curbs directly or indirectly affected, disturbed or damaged in connection with the construction of building sewers shall be restored in accordance with Borough standards to a condition at least equal to that which existed prior to the start of the installation work. Pavements and curbs so restored shall be of the same type as that existing and shall match and line up with existing adjacent construction to the satisfaction of the Supervisor of Water and Sewer, Borough Engineer or their representatives.
[Added 12-20-2006 by Ord. No. 41-2006; 9-21-2016 by Ord. No. 23-2016]
A. 
Except as specified below, the Borough of Hopatcong shall own and maintain any grinder pump installed by it which is utilized to connect any property in the Borough to a low head pressure sewer line. Maintenance shall not include the cost of electricity to operate said grinder pump, which shall be the responsibility of the property owner.
B. 
In the event of any malfunction of the grinder pump, the property owner shall promptly notify the Borough thereof so that the Borough may repair the grinder pump. If the Borough's inspection of the grinder pump should reveal that the malfunction of the grinder pump was caused by any misuse of the grinder pump by the property owner, or the discharge of any prohibited waste, the Borough shall repair or replace the grinder pump, and after which, ownership and future maintenance of the grinder pump shall immediately be the responsibility of the property owner.
C. 
Any property granted permission to connect to the municipal sewer system pursuant to § 186-25 hereof requiring a household sewage grinder pump shall comply with the following:
(1) 
Full maintenance and ownership of a new sewage grinder pump shall immediately be the responsibility of the property owner.
(2) 
The owner of the property to be connected to the municipal sewer system shall be required to purchase the grinder pump and necessary appurtenances for the connection of the property to the municipal sewer system.
(3) 
The property owner shall be solely responsible for obtaining all necessary permits to connect said property to the municipal sewer system.
(4) 
Grinder pump installation, inspection and payment.
(a) 
The owner of the property being connected to the municipal sewer system shall be solely responsible for all costs and expenses for the installation and testing of said household sewage grinder pump and the restoration of the property.
(b) 
The grinder pump shall be installed in accordance with standard specifications prepared by the Borough Engineer.
(c) 
The Borough Engineer or his designee shall inspect and approve the installation of said household sewage grinder pump in accordance with the Borough's standard specification.
(d) 
The property owner shall pay an escrow to the Borough of $1,500 to pay for the Borough's expenses in reviewing and approving the plans and construction. In the event that the escrow is depleted and the balance is not paid within 30 days of billing by the Borough, the escrow balance shall be added to the next sewer installment bill and shall be billed to the property owner as part of the sewer bill.
D. 
Transfer of property ownership shall immediately transfer all future maintenance and ownership of grinder pump(s) to the new property owner.
E. 
The Borough will be responsible to maintain existing grinder pumps up to the service life of the initial pumps installed prior to June 30, 2019. Upon failure of a grinder pump after June 30, 2019, the Borough will replace the failed pump, at which time the ownership and future maintenance of the grinder pump will be the responsibility of the property owner. The Borough extends no warranty on the pump extended to the property owner. The Borough will continue to own and maintain the sewer distribution systems within existing easements.
It shall be unlawful to make any connection to the municipal sewer without first obtaining appropriate permits from the Borough, as provided in the Uniform Construction Code Act, the governing provisions of the New Jersey Administrative Code (NJAC) from the closure and abandonment of individual subsurface sewage (septic) systems and in accordance with this chapter.
No person, partnership, corporation or other entity shall make or attempt to make any connection between the municipal sewer and any property without complying with the following:
A. 
Provide the Clerk of the Borough or anyone else designated by the Borough Council with proof of public liability insurance for personal injuries and property damage arising out of the work authorized by permits in amounts not less than $100,000 for property damage arising out of one accident and $300,000 for personal injuries to all persons arising out of any one accident. Proof of such liability insurance shall be made by posting a certificate of an insurance company duly authorized to do business in the State of News Jersey, evidencing such coverage for a period of not less than six months from the date the application for a permit is filed and not less than six months from the time such person has commenced any work in order to make a house connection.
B. 
Post a fifteen-thousand-dollar surety bond plus a one-thousand-dollar cash bond with the Borough Clerk, Treasurer or any person designated by the Borough Council.
C. 
Repairs and restoration; time limits on bonds.
(1) 
Such bonds shall be posted in order to insure that any damage to public property within the Borough arising out of the work performed by anyone making connections shall be repaired and restored within a reasonable time from the date of such damage and not later than a time limit determined to be reasonable by the Plumbing Subcode Official of the Borough or such other official or consultant thereto designated by the Borough Council, by resolution. The surety bond and cash bond shall be released three months after the work performed to make the connection is completed and is approved by the Borough Plumbing Inspector, provided that all restoration and repair of any damage to public property is completed in the opinion of the Plumbing Inspector of the Borough or such other official or consultant thereto designated by the Borough Council.
(2) 
If all restoration work with respect to all damage to public property is not completed within a reasonable time as determined above, the Borough Council may, by resolution, authorize the use of the cash deposit to restore the damage or proceed against the surety bond to use the proceeds thereof to restore the damage, or both, as the Borough Council shall determine in its discretion and judgment.
Any person, partnership, corporation or other entity engaged in the business of making connections to the municipal sewer in the Borough shall be required to post only one fifteen-thousand-dollar surety bond and one one-thousand-dollar cash bond, regardless of the number of connections to be made by said entity. However, notwithstanding § 186-16C above, the surety bond and the cash bond shall remain on deposit with the Borough for so long as the entity engaged in the business of making connection to the municipal sewer system continues to make said connections. In the event that a portion or all of the surety bond or any cash bond is used in the manner described above, no additional permits shall be issued to such entity until both bonds are fully replenished.
No permit or permits shall be issued for connections or any peripheral work to the municipal sewer where the entity applying for such permit shall fail to post the required bonds, except where the resident owner of a single-family dwelling obtains all permits, does all the work and assumes all responsibility for the scheduling of the necessary inspections personally. Said resident owner shall not be required to post the surety bond of $15,000 but shall post the one-thousand-dollar cash bond.
Any entity engaged in making connections pursuant to any permit issued by the Borough shall stop work under any permit issued in the event that their certificate of insurance expires. No work shall again be commenced by said entity under any such permit until their insurance required under this chapter is renewed for a period prior to the time any connection made by such entity is approved by the Plumbing Inspector of the Borough.
The municipal sewer system shall primarily be for the use of properties developed with a residential or nonresidential structure as of June 30, 2003. First priority to connect to the municipal sewer system shall be for the aforesaid developed properties. The Borough may allow for the connection of properties vacant as of June 30, 2003, as they are developed subsequent to June 30, 2003, if sufficient sewage treatment capacity exists or is reasonably anticipated to exist after the connection of existing develop properties. The determination of excess sewage capacity in the municipal sewer system shall be determined by the Borough Engineer utilizing actual sewage flow records and sound engineering criteria and principles. In addition to any sewer connection charge then in effect under the provisions of this chapter, the property owner shall also pay for all costs of connecting the property to the municipal sewer system, including all costs of installing any sewer lateral to provide sewer service to the property. The Borough shall be guided in determining which undeveloped properties shall be allowed to connect to the municipal sewer system by the following criteria in the order listed:
A. 
The amount of sewage allocation available from the MSA.
B. 
The presence and extent of any public health hazard.
C. 
The current and future usage of existing public properties within the Borough's sewer service area.
D. 
The current and future usage of existing and proposed housing units comprising a part of the Borough's COAH housing obligation within the Borough's sewer service area.
E. 
The Borough's need for an easement from the property owner for any sewer main or sewer system appurtenance.
F. 
The current and future usage of existing nonresidential properties within the Borough's sewer service area.
G. 
The current and future usage of existing residential properties within the Borough's sewer service area.
H. 
The amount of sewage gallonage requested as a percentage of the total unused allocation of the Borough of Hopatcong.
I. 
The reasonableness of the total gallonage requested by the property owner.
J. 
The proposed use of the unimproved properties.
K. 
The Borough's Master Plan for the sewer service area.
L. 
Availability of alternate sewage disposal methods and the estimated cost thereof to the property owner.
M. 
The nature and type of effluent to be generated by the property owner.
N. 
Any other matter that may affect the general health and welfare of the residents of the Borough of Hopatcong and the overall reasonable development of the vacant or unused lands of the Borough of Hopatcong.
An owner of an unimproved property may apply for a sewer allocation permit on forms prescribed by the Borough as follows:
A. 
The name and address of the applicant.
B. 
The address of the property and the tax lot and block designation.
C. 
The dimensions and total area of the property.
D. 
For single-family residential dwellings to be constructed, the total square foot area of the dwelling and the number of bedrooms.
E. 
For multifamily residential dwellings to be constructed, a preliminary sketch plan showing the number of units and the number of proposed bedrooms in the units to be constructed.
F. 
For all nonresidential uses, a preliminary site plan shall be submitted with the application showing the total square footage of the proposed building and the proposed use of the building.
G. 
For all properties other than single-family residential dwellings, a certification by the property owner's engineer as to the number of gallons per day of sewage that will be generated by the property expressed in EDU's and the method of calculation and schedules used in computing said amount shall be submitted as part of the application.
H. 
The number of EDU's required by any property shall be calculated in accordance with § 186-2 hereof.
I. 
Any other information deemed necessary by the Borough or its designated agent.
Each property owner filing for a sewer allocation permit shall pay the following permits fees.
A. 
Single-family residential dwellings: $50.
B. 
Multifamily residential dwellings: $100.
C. 
Nonresidential properties: $100.
D. 
All nonprofit properties: $50.
E. 
All properties owned by Hopatcong Borough or Hopatcong Board of Education: exempt.
For all properties requiring eight or more EDU's, the applicant shall also submit an escrow fee of $500 per project with the application to offset the Borough's costs in evaluating and processing the application. In the event that the entire escrow is not utilized by the Borough in processing the application, any unused escrow shall be returned to the applicant within 90 days of the processing of the application. In the event that additional funds are necessary to complete the review of the application, the applicant will be required to replenish the escrow account in an amount sufficient to cover said costs.
Upon the receipt of said application and required fee, the Borough Engineer shall review said application and determine whether or not there is sufficient gallonage available to authorize a sewer allocation permit to the property owner. In the event that the application is approved, a sewer allocation permit will be issued by the Borough for the number of EDU's, or part thereof, set forth in the application in accordance with § 186-12 hereof. The Borough shall issue written notice to the property owner of the approval of the sewer allocation permit. In the event that the application is denied, written notice thereof shall be provided to the property owner by the Borough.
In the event of a denial of a sewer allocation permit, the property owner may request a hearing by filing a written request with the governing body within 10 days of the date of notice of denial of the application. The governing body shall then hold a hearing within 45 days from the date of the request. The applicant shall bear all costs and professional fees incurred relative to the hearing and, if required, shall post an escrow fee prior to the hearing. The governing body shall render it decision within 30 days of the hearing.
Upon approval and prior to the issuance of a sewer allocation permit, the property owner shall pay to the Borough a nonrefundable allocation reservation fee of $350 per EDU for any unimproved property. Fractional portions of EDU's shall be paid proportionately. No sewer allocation permit shall be issued unless all application permit fees and escrow fees have been paid in full and all real property taxes for the property are current. The property owner shall pay the allocation permit fee within 90 days of notification by the Borough of the granting of the allocation or the allocation shall lapse.
Approval of a sewer allocation permit shall not authorize the property owner to connect to the Borough's municipal sewer system. The property owner must secure a connection permit from the Borough and pay all applicable fee and charges.
A. 
Except as provided in Subsection B below, all sewer allocation permits granted to unimproved properties shall expire one year from the date of issuance by the Borough or one year from the issuance of a notice to the property owner that the sewer line to which the property is to be connected is ready for use, which ever occurs last. The Borough Council may grant extensions of a sewer allocation permit for a period not exceeding one year at a time based upon the original expiration date at the Borough's discretion. As a condition for approval of the extension of a sewer allocation permit, the property owner shall pay the annual user charge for the one-year period based upon the number of EDU's reserved for the property owner in the sewer allocation permit. Except as provided in Subsection C below, the property owner shall receive no credit or other benefit for the payment of the sewer user charge other than the extension of the sewer allocation permit. The property owner shall connect the property to the municipal sewer system prior to the expiration of the sewer allocation permit or any extension thereof. Failure to do so shall result in the expiration of the sewer allocation permit. Upon expiration of a sewer allocation permit, the sewage allocation shall revert to the Borough.
B. 
For all unimproved properties for which preliminary subdivision or site plan approval has been granted by the Planning Board and which will consist of multiple subdivided lots or multiple building or building unit connections to be made to the municipal sewer system, the property owner shall have the right to renew its initial sewer allocation permit for two consecutive one-year periods by notifying the Borough, in writing, of its intent to so renew its sewer allocation permit prior to the expiration of the permit and by paying the required fee set forth in Subsection A above for extensions of sewer allocation permits. For all multiple subdivided lots or multiple building or building unit connections to be made to the municipal sewer system, as each lot, building or building unit is connected, the Borough shall deduct from the sewer allocation permit the number of gallons required for each such connection based upon the number of EDU's attributable to each such connection. For all properties comprising a part of the Borough's COAH housing obligation, the property owner shall have the right to review its initial sewer allocation permit for four consecutive one-year periods by notifying the Borough, in writing, of its intent to so renew its sewer allocation permit prior to the expiration of the permit and by paying the required fee set forth in Subsection A above for extensions of sewer allocation permits. For all multiple subdivided lots or multiple building or building unit connections to be made to the municipal sewer system, as each lot, building or build unit is connected, the Borough shall deduct from the sewer allocation permit the number of gallons required for each such connection based upon the number of EDU's attributable to each such connection.
C. 
Upon the completion of any property to the municipal sewer system, the Borough shall credit a portion of the sewer allocation permit fee against the actual sewer user fee to be billed by the Borough to the property owner upon connection of the property to the municipal sewer system. The credit shall be determined by dividing the sewer allocation permit fee paid on an EDU basis by 12 and crediting to the property owner said amount multiplied by the number of months remaining, rounded to the nearest month, on the sewer allocation permit subsequent to the month in which the building or unit is connected to the municipal sewer system. For purposes of this section, the word "connection" shall be defined to mean the date on which the Borough issues a final approval under the Uniform Construction Code of the work required to connect the property to the municipal sewer system.
The Borough shall have the right to repurchase sewage allocation permits from property owners under the following conditions:
A. 
The Borough reserves the right to repurchase any unused sewer allocation reservation permits in the event there are emergency requests for sewage by other property owners within the Borough and insufficient capacity to handle the emergency requests.
B. 
The Borough may also elect at its sole option to repurchase any unused sewage permits. This repurchase shall be accomplished by giving written notice to the permit holder stating the Borough's intention to repurchase three months from the date of notice. The permit holder may request a hearing before the Borough Council in which he may provide testimony concerning the status of his project and his reasons why the permit should not be repurchased. The criteria for repurchasing sewage allocation permits by the Borough shall include the following (the order below does not constitute a priority for repurchasing):
(1) 
Inaction or unnecessary delay by the permit holder with regard to obtaining the necessary land use and other permits to proceed with the project.
(2) 
The number of applications and amount of gallonage requests pending.
(3) 
Whether the property owner has made all of its payments for the allocation in a timely manner.
(4) 
Whether a project generally benefiting the Borough requires a sewage allocation.
(5) 
Whether the applicant has obtained NJDEP approval that restricts the Borough's ability to repurchase allocation.
C. 
The repurchase of any unused sewer allocation permits by the Borough shall be at cost and without interest.
[Added 9-21-2016 by Ord. No. 23-2016[1]]
A. 
For purposes of enforcing the provisions of § 186-4 of this chapter, which prohibits certain discharges into a sanitary sewer system through a building sewer, Borough representatives may at reasonable times inspect any building sewer and connections therewith. At a minimum, an inspection shall be made at the transfer of title. In the event that access to any part of a building sewer is refused by the owner or occupant of any buildings, the Borough representative who is refused access shall immediately report the refusal and any reason given therefor to the Borough Council for appropriate action, including compulsory process if necessary.
B. 
Whenever a violation of § 186-4 of this chapter is found, the owner of the property shall be notified in writing thereof and shall be ordered to disconnect any improper pipes or other facilities within 30 days after the receipt of such notice.
C. 
Should an inspection made subsequent to the expiration of the thirty-day period indicate noncompliance with the order, a report shall be filed with the Borough Council, which may institute a proceeding for violation of this section.
[1]
Editor's Note: This ordinance also provided for the redesignation of former §§ 186-31 and 186-32 as §§ 186-32 and 186-33, respectively.
The governing body shall have the authority to relax or waive in whole, or In part, any provision of this chapter to address any emergency situation regarding the municipal sewer system or when the Governing Body deems it to be in the best interest of the Borough to so relax or waive any such provision of this chapter.
Any person violating any provision of this chapter shall, upon conviction, be punishable by a fine not exceeding $1,250 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 chapter and each day that such offense shall continue shall be deemed to be separate and distinct offenses.