[HISTORY: Adopted by the Board of Health
of the Township of Hillsborough 3-7-1994. Amendments noted where applicable.]
The HTMUA[1] and Valley Road Sewerage Company, in operating their respective
sanitary sewer systems within the Township of Hillsborough, must contend
with the impact of heavy rainfall and its potential for creating surcharge
conditions upon their systems. The condition is exacerbated by the
gallonage added to the sewer system by sump pumps, floor drains, roof
drains, related apparatus and the infiltration of other than normal
sanitary sewage improperly connected to their sewerage systems. It
is in the best interest of the Township, through its Board of Health
and Municipal Utilities Authority, to establish an approach to encourage
and require that such improper connections be dismantled. The excess
infiltration of water has the potential of overloading the carrying
capacity of the sanitary sewer systems, which may result in the discharge
of raw sewage to the surface and ground waters of the Township, causing
a serious public health hazard.
[1]
Editor's Note: Hillsborough Township Municipal
Utilities Authority.
The purpose of this chapter, generally, is to
promote compliance with the Rules and Regulations of the Hillsborough
Township Municipal Utilities Authority and, specifically, to require
that all such improper connections into its system be removed. It
is the further purpose of the chapter to ensure that infiltration
of nonsanitary sewage be minimized to all sewage disposal systems
operating within the Township of Hillsborough.
As used in this chapter, the following terms
shall have the meanings indicated:
The Rules and Regulations Governing the Operations of the
Township of Hillsborough Municipal Utilities Authority, adopted on
June 28, 1989, and as same may be lawfully amended.
The normal water-carrying household and toilet waste from
residences, business buildings, institutions, commercial and industrial
establishments, including those set forth in Section 1.14 of the Rules
and Regulations.
All facilities and appurtenances connected with the collection
system, trunk system and laterals, including those set forth in Section
1.17 of the Rules and Regulations.
No person shall violate the Rules and Regulations
of the Hillsborough Township Municipal Utilities Authority, when applicable.
No person shall connect any sump pump, floor
drain, roof drain and/or any related apparatus to any sanitary sewer
line. The record title owner shall be responsible under this section
and shall be presumed to have caused any such connection.
No person shall permit, allow or suffer or cause
the infiltration of water or any other substance which is not normal
sanitary sewage as defined hereinabove into the Hillsborough Township
Municipal Utilities Authority system or any other system operated
within the Township. The record title owner shall be responsible under
this section and shall be presumed to have caused any such infiltration.
[Amended 8-9-2016 by Ord.
No. 2016-12]
A.
For public safety, health and welfare, property owners shall be permitted
to connect all sump pump, floor drain, roof drain and related apparatus
discharge piping to the nearest storm sewers, provided that:
B.
If the storm sewer is not available, the sump pump, floor drain,
roof drain and/or related apparatus discharge piping shall be directed
to the nearest ditches or contained on the owner's property so
that it does not adversely affect neighboring land. Pipe extensions
shall not be directed toward adjoining properties nor shall pipe extensions
discharge water onto adjoining properties.
C.
In all other cases, the sump pump, floor drain, roof drain and/or
related apparatus discharge piping shall end on a splash block at
the foundation of the building.
D.
Sump pump, floor drain, roof drain and/or related apparatus discharge
piping shall no longer be permitted to discharge to any public streets
or roadways. Existing discharges to public streets or roadways deemed
by the Assistant Township Engineer to be causing an unsafe condition,
such as ponding of water or icing, shall be removed as directed by
the Assistant Township Engineer.
E.
Assistance and guidance with respect to layout and the location of
proper discharge points may be obtained through the Hillsborough Township
Engineering and Construction Departments.
A.
Reasonable basis to inspect. Before any inspection is made of the suspected premises, the Board of Health shall have a reasonable basis to suspect that a violation of §§ 341-4 through 341-6 of this chapter has occurred. Such a reasonable basis shall exist whenever a petition supported by reasonable facts is filed with the Board of Health by the Hillsborough Township Municipal Utilities Authority and/or whenever the Sanitary Inspector of the Board of Health or any other person duly authorized by the Board of Health to enforce the terms and conditions of this chapter so determines, based on reasonable facts in that official's possession.
B.
Property owner consent.
(1)
Upon satisfaction of Subsection A hereinabove, the Sanitary Inspector of the Board of Health or other duly authorized representative shall visit the premises in question and request permission to inspect the premises for a violation of §§ 341-4 through 341-6 of this chapter. If such permission is granted, entry shall not be made until the property owner has signed a written consent form to be supplied by the Board of Health. Once written permission is obtained, the Board of Health representative shall inspect the premises to determine if such violations of §§ 341-4 through 341-6 do exist. The premises shall be made available and accessible for such inspection by the property owner between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday; provided, however, that the inspections may be made at other times, with the property owner's consent, if one of the following conditions exists:
(a)
The premises are not available during the foregoing
hours for inspection;
(b)
There is reason to believe that violations are
occurring on the premises which can only be fully determined and proved
by inspection during other than the prescribed hours;
(c)
There is reason to believe that a violation
exists of the character which is an immediate threat to health or
safety, requiring inspection without delay;
(2)
Emergency inspections may be authorized if the Sanitary
Inspector or any other duly authorized person has reason to believe
that a condition exists which poses an immediate threat to life, health
or safety.
C.
Search or access warrants. In the event written consent cannot be obtained, the Sanitary Inspector or any other duly authorized person may, upon affidavit, apply to the Judge of the Municipal Court of the Township of Hillsborough for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a violation of §§ 341-4 through 341-6 of this chapter may exist on the premises. If the Judge of the Municipal Court of the Township of Hillsborough is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to an inspection of that part of the premises on which the suspected violation of §§ 341-4 through 341-6 of this chapter may exist.
D.
Issuance of a warrant. If the inspection reveals infiltration
of other than normal sanitary sewage, for example, stormwater improperly
connected to the sanitary sewerage system, a warning and notice of
abatement shall be provided to the property owner. A disconnect shall
be effected by the property owner within 14 days of issuance of the
warning.
E.
Reinspection. If, upon reinspection of the premises
with written consent or via a search warrant, the chapter violation
has not been abated, the Sanitary Inspector or any other duly authorized
person shall issue a summons for violation of this chapter.
B.
For the purposes of assessing penalties, the continuation
of a particular violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate violation.
C.
The imposition of a penalty, as provided hereinabove,
shall be in addition to any injunctive or remedial relief which is
authorized under the laws of the State of New Jersey with the same
force and effect as though provided for herein.
[Amended 11-7-1977]