[Adopted 9-4-1990 by Ord. No. 887-90]
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
An individual, corporation, company, association, society,
firm, partnership and joint stock company, as well as the state and
any political subdivision thereof.
A covered pit with open-jointed lining through which septic
tank effluent may seep into the surrounding soil.
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.
