[Adopted 6-24-1994 as Ord. No. 18-1994]
The definitions set forth in this section shall be applicable to this
Article and shall not supersede, amend or alter other codes or enactments
of the Town of Dover. As used in this Article, the following terms shall have
the meanings indicated:
Entry into or upon any real estate or structure, including any part
thereof.
Capable of being reached without excavation.
The Town of Dover's Construction Official, with the assistance
of the town's Engineer, is hereby designated as the person responsible
for administering the provisions of this Article.
Liquid and waterborne waste derived principally from dwellings, business
buildings, institutions and the like, free from industrial wastes, and of
such character as to permit sanitary disposal without special treatment into
the public sewer or by means of a private sewage disposal system.
Liquid wastes from industrial processes as distinct from domestic.
Water, as herein defined, entering the sanitary sewer system, including
private sewer services connections, from the ground, through such means as,
but not limited to, defective pipes, pipe joints, connections or manhole walls.
"Infiltration" does not include, and is distinguished from, inflow.
A combination of infiltration and inflow water entering the sanitary
sewer lines, with no way of distinguishing the basic source, and which tends
to cause an overloading of the capacities of the sanitary sewer system.
Water discharged into the sanitary sewer system, including service
connections, from such means as, but not limited to, roof downspouts or leaders;
cellar, yard and area drains; sump pumps: foundation drains; cleanouts; cooling
water discharges; drains from springs and swampy areas; manhole covers; cross
connections from storm sewers; combined sewers; catch basins; stormwaters;
surface runoff; street wash waters; or drainage. "Inflow" does not include,
and is distinguished from, infiltration.
A person, firm or corporation having the responsibility, pursuant
to a written agreement with the owner, to maintain, repair or replace sanitary
sewer lines and/or discharges which cause infiltration or inflow as herein
defined.
Any individual, firm, partnership, corporation, estate, governmental
agency or any other legal entity and/or their legal representatives, agents,
heirs, successors or assigns.
All lines, pipes, tanks, conduits, structures or other devices designed
for the collection, transportation, storage, treatment or disposal of sewage,
whether owned by the town or other persons, and to which storm-, surface and
ground water are not intentionally admitted.
A schedule of remedial measures and times, including an enforceable
sequence of actions or operations, leading to compliance with this Article.
A combination of domestic or industrial wastewater which may include
chemical, house wastes, laundry wastes, human excreta, animal or vegetable
matter in suspension or solution and other solids in suspension or solution,
and which is discharged from a dwelling, building or other structure and permitted
to enter the sanitary sewer system for the purpose of treatment and disposal.
The system or facility for treating, neutralizing, stabilizing or
disposing of sewage. The term "wastewater treatment facility" also includes
appurtenances such as interceptors, collection lines, outfall and outlet sewers,
pumping stations and related equipment.
No person shall henceforth make or allow the continued connection of
roof downspouts or leaders, interior or exterior foundation drains, cleanouts,
sump pumps, cellar, yard and area drains, cooling water discharges, drains
from springs or swampy areas or other sources of surface, storm- or ground
water to a structure sewer or structure drain which is connected, either directly
or indirectly, to the sanitary sewer system, even though such connection may
have been allowable when made under then existing ordinances, rules, regulations
or standards.
A.
The Construction Code Official or his designated agent
may issue an order directing the owner or the lessee of the real estate or
structure to disconnect all private infiltration or inflow waters from the
sanitary sewer system. The order shall be effective not less than 30 days
from its date of issuance. The order may state a deadline for compliance,
but such deadline shall, in no event, be more than 90 days after issuance
of the order.
B.
Within 30 days after receipt of the order, the owner
or the lessee may request a review hearing before a Sewer Review Committee
consisting of the Town Clerk, Town Engineer and a Board of Alderman member
as appointed by the Mayor and Board of Aldermen. A request for a review hearing
will be made by filing a written request with the Town Clerk. The filing of
such request shall act as a stay of the order. The Committee shall meet within
10 business days of request for said hearing. After such hearing, the Committee
may affirm, set aside or modify such order, but the Committee shall have no
authority to set aside or modify the order unless convinced that no private
infiltration or inflow exists on the premises.
C.
The Town of Dover may order the termination of sanitary
sewer service to any real estate or structure if the owner or lessee has refused
to allow access and entry or has failed or refused to comply with the disconnect
order requiring that the private infiltration or inflow waters be prohibited
from entering the sanitary sewer system. The termination shall be effective
30 days after service upon the owner or lessee. Service of the order shall
be in person or by certified mail.
D.
Within 15 days after receipt of the termination order,
the owner or lessee may request a hearing by filing a written request therefor
with the Sewer Review Committee. The filing of such request shall act as a
stay of the termination order. The Committee shall meet within 10 business
days of the request for said hearing. After the hearing, the Committee may
affirm, set aside or modify the terms of the order. The decision of the Committee
entered after such a review hearing may be appealed de novo to the Mayor and
Board of Aldermen, upon the filing of a written appeal with the Town Clerk
within 10 days after said decision, and the Mayor and Board of Aldermen may
affirm, set aside or modify the order as issued or as modified.
Sanitary sewer service disconnected under the provisions of § 311-24 of this Article shall not be reconnected until the sources of infiltration or inflow have been disconnected. The cost of reconnection shall be the burden and responsibility of the owner or lessee.
In addition to or in lieu of termination of service and/or prosecution
in Municipal Court, the Construction Code Official may maintain a civil action
by injunction, in the name of the Town of Dover, to abate and temporarily
or permanently enjoin the continuation of the private infiltration and/or
inflow as a nuisance, in any court of competent jurisdiction.
A.
Access. Representatives of the Construction Code Official
shall have the right to make an inspection of any parcel of real estate and/or
structure for the purpose of determining compliance with this Article. Inspections
shall be done at a reasonable hour of the day.
B.
Notice. If the structure or real estate to be inspected
is occupied, the representative shall first present proper credentials and
request entry. If the structure or real estate is unoccupied, he shall first
make a reasonable effort to locate the owner or other person(s) having charge
or control of the structure of real estate and request entry.
C.
Administrative search warrants. If, after proper request,
entry or access is refused, the Construction Code Official may compel such
access by application to a court of competent jurisdiction for a search warrant
in compliance with the provisions of law.
A.
Upon confirmation by the Construction Code Official that a private infiltration or inflow source exists, the Construction Code Official shall issue a disconnect order to the owner and if known, the lessee, as set forth in § 311-24 hereof.
B.
The owner or lessee shall comply with the order by either
performing the work or having the work done by a licensed plumbing or sewer
contractor.
C.
All work shall be done in a workmanlike manner and shall
be performed in compliance with N.J.A.C. 5:23-3.15 et seq.
Notwithstanding any other provision of this Article, a person violating
any of the provisions of this Article or obstructing its enforcement shall
be deemed guilty of a misdemeanor and, upon conviction thereof in Municipal
Court, shall be subject to one or more of the following: a fine of not less
than $100 nor more than $1,000, a term of imprisonment not exceeding 90 days
or a period of community service not exceeding 90 days. Each and every day
the violation continues after the time period set forth in the notice or order
shall be deemed a separate and distinct violation.
This Article shall not be construed or interpreted as imposing upon
the Town of Dover or its officials or employees any liability or responsibility
for damages to any property or any representation or warranty that any system,
installation or portion thereof that is constructed or repaired under orders
and inspections required by this Article will function properly. In addition,
neither of its officials nor employees charged with the enforcement of this
Article, if acting in good faith and without malice in the discharge of their
duties, shall be personally liable for any damage that may occur to persons
or property as a result of performing or not performing any act required by
this Article.
Nothing in this Article shall be construed to conflict with state or
federal laws requiring persons causing or responsible for any release or threatened
release of a hazardous material to engage in remediation activities or pay
the costs thereof, or both.
