[Adopted 9-4-1990 by Ord. No. 887-90]
As used in this article, the following terms shall have the meanings indicated:
CESSPOOL
A covered pit with open-jointed lining into which untreated sewage is discharged, the liquid portion of which is disposed by leaching it into the surrounding soil, the solids or sludge being retained within the pit.
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
A system for disposal of sanitary sewage into the disposal ground which is designed and constructed to treat sanitary sewage in a manner that will retain most of the settleable solids in a septic tank and to discharge the liquid effluent to a seepage pit.
PERSON
An individual, corporation, company, association, society, firm, partnership and joint stock company, as well as the state and any political subdivision thereof.
SEEPAGE PIT
A covered pit with open-jointed lining through which septic tank effluent may seep into the surrounding soil.
SEPTIC TANK
A watertight receptacle which receives the discharge of sanitary sewage from a building, sewer or part thereof and is designed and constructed so as to permit settling of settleable solids from the liquid, partial digestion of the organic matter and discharge of the liquid portion into a seepage pit.
A. 
The Borough of Caldwell adopts the New Jersey Department of Environmental Protection regulations set forth under N.J.A.C. 7:9A et seq. and incorporates those regulations in this article without setting them forth at length.
B. 
Sewer connections required. In addition to complying with the express regulations of the New Jersey Department of Environmental Protection, the owner of any residential or commercial building or property used for human occupancy, employment, recreation or any other purpose, situated within the Borough of Caldwell and abutting on or having a permanent right to access to any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer connected to the Borough wastewater treatment plant or the wastewater treatment plant of another municipality, is hereby required, at his/her expense, to install suitable toilet facilities therein and to connect these facilities directly with the proper public sewer in accordance with the provisions of this article within 90 days hereof.
C. 
Individual subsurface sewage systems prohibited. Except as expressly allowed by the New Jersey Department of Environmental Protection regulations and this article, it shall be unlawful to discharge to any natural outlet within the Borough or in or upon any areas under the jurisdiction of the Borough any sewage or other polluted water. These prohibitions are expressly applicable to, but not limited to, septic tanks and cesspools.
A. 
If, after the passage of this article, the owner of any buildings and properties affected thereby, who has obtained all necessary building and occupancy permits, fails to make the required connections or installations, the Borough Construction Code Official shall cause such connections or installations to be made under his direction and supervision. Pursuant to his powers of direction and supervision, the Construction Code Official may award one or more contracts to outside construction professionals for the making of such improvements.
B. 
Before proceeding to make any such connection or installation or awarding any contract for the making thereof, the Borough Construction Code Official shall cause notice of such contemplated connection or installation to be given to the owner of any buildings or properties affected thereby. The notice shall contain a description of the property or building affected, sufficiently definite in terms to identify it, as well as a description of the required connection or installation, and notice that unless the connection or installation shall be completed within 30 days after the service thereof, the article will proceed to make such connection or cause the same to be done.
C. 
The notice may be served upon the owner or owners resident in the municipality in person or by leaving it at their usual place of residence with a member of their family above the age of 14 years, or if any such owner shall not reside in the municipality, such notice may be served upon him personally or be mailed to his last known post office address or it may be served upon the occupant of the property or upon the agent of the owner in charge thereof. Notice to infant owners or owners of unsound mind shall be served upon their guardians. When lands are held in trust, service shall be made upon the trustee. When properties are held by two or more joint tenants, tenants in common or tenants by the entirety, service upon one shall be sufficient, and it shall be deemed and taken as notice to all.
D. 
If the owner of any such property is unknown, or service cannot, for any reason, be made as above-directed, notice shall be published at least once, not less than 30 days before the making of such connection by the municipality, in a newspaper circulating in the municipality.
E. 
When any such connection or toilet installation shall be made, a true and accurate account of the cost and expense shall be kept and apportioned to the property or properties thereby connected, and a true statement of such costs under oath shall be forthwith filed by the Borough Construction Code Official with the Clerk of the Borough. The Clerk of the Borough shall examine the same and, if properly made, confirm it and file such statement with the Borough Tax Assessor. The Borough Tax Assessor shall record the connection and installation charge in the same book in which he records other assessments.
F. 
Every such connection or installation charge shall bear interest and penalties from the same time and at the same rate as assessments for local improvements in the Borough, and from the time of confirmation shall be a first and paramount lien against the respective property or properties so connected with the wastewater treatment plant or other municipal sewer system to the same extent as assessments for local improvements, and shall be collected and enforced in the same manner. The Borough Construction Code Official is hereby charged with the same duties in regard to the collection and enforcement of sewer connections or toilet installations as with the enforcement and collection of other Borough assessments.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person violating any of the provisions of this article shall be subject to fine not exceeding $2,000, imprisonment for a term not exceeding 90 days, period of community service not exceeding 90 days, or a combination thereof.