[Adopted 11-5-1979 as §§ 23-1 to 23-9 and 23-16 of the 1979 Revised General Ordinances]
No person shall connect any building or premises with any public sanitary sewer without having first obtained a written permit from the Superintendent-Water Engineer in the Division of Water and Sewers of the Department of Public Works authorizing such connection to be made. All applications for sewer connections shall be made in duplicate on forms provided for that purpose.
[Amended by Ord. No. 30-1987; Ord. No. 20-1996; Ord. No. 14-2001; 12-1-2014 by Ord. No. 18-2014; 10-9-2017 by Ord. No. 21-2017]
A.
Prior to the issuance of a sewer connection permit, the applicant shall pay to the Township a sewer connection fee as hereinafter provided:
[Amended 12-6-2021 by Ord. No. 45-2021]
(2)
For purposes of this section, each individual residential dwelling unit shall be deemed to constitute a single connection unit. In the case of any other types of structures or uses, the Township Engineer shall determine the number of units, or fraction thereof, to be connected or added to an existing connection by dividing the proposed total average sewer demand for the structure by the annual average daily flow of 300 gallons per unit; $3,203.41 per unit. The minimum number of connection units shall be one.
(3)
For the reconstruction of an existing sewer connection where there is no change in the average daily flow, the connection fee shall be $104.
(4)
The Township shall provide for a property's past sewer usage by calculating the average sewer usage based on the property's prior annual sewer billings over the past three calendar years. This amount shall be deducted from the proposed regular demand for the structure to calculate the number of connection units.
B.
The fee shall, pursuant to N.J.S.A 40A:26A-11, be recalculated at the end of each budget year and may be reset by ordinance of the Township Council after public hearing, on a yearly basis. The sewer connection fee is based upon the usage of a single-family dwelling unit or equivalent discharge. The sewer connection fee shall be payable in full to the Township of Livingston at the time a building sewer connection permit is issued for connection to the municipal sewer system of the Township of Livingston.
A.
It shall be the duty of the Superintendent-Water Engineer to issue permits for the laying of sanitary sewer laterals and the construction of connections therewith, to inspect and supervise the installation of such sanitary sewer laterals and connections and to regulate and control the use of the same.
B.
The Superintendent-Water Engineer shall record upon maps and keep on file data concerning the location, size and depth of each trunkline, lateral or connection now in existence or which may hereafter be laid or constructed. He shall keep a duplicate copy of each application received or permit issued for the construction or installation of any trunk sewer, lateral sewer or connection.
C.
The Superintendent-Water Engineer shall file with the collector, on or before the 10th day of each month, a report in writing of all permits for connections with the sanitary sewer issued by him during the preceding month. Said report shall contain the name of the owner of the premises in connection with which such permit shall have been issued and the lot and block number of said premises and the date of the issuance of the same.
All public sanitary sewers, sewer connections and repairs to any such sewer or connection shall be constructed and made under the direction and supervision of the Superintendent-Water Engineer, or by such person or persons as the Township Council may from time to time appoint or employ for that purpose.
[Amended 8-18-2014 by Ord. No. 17-2014]
A.
Connection required. The owner of each and every property upon which there is erected, or upon which there shall hereafter be erected, any dwelling house, store or other building containing a toilet, sink, bathtub, washbowl or other receptacle for the receipt and discharge of refuse water or sewage, abutting any street in which there shall be constructed a public sanitary sewer or sewers, shall connect said toilet, sink, bathtub, washbowl or other receptacle in said building with said sanitary sewer. Such connection shall be accomplished on or before the expiration of 90 days following the date the sanitary sewer line becomes available and operational or the effective date of this article, whichever should occur later.
B.
Failed systems. The Township Engineer may require the said owner to make such connection at an earlier date if the septic tank or cesspool on the lands of the said owner shall be deemed by him to be operating in an unsatisfactory manner, or if the effluent from the same is not being absorbed by the soil, or is being discharged upon the surface of the ground or in or upon the neighboring lands, street, open ditches or public or private drains leading to any watercourse.
C.
Separate connections. Each building or structure shall be separately and independently connected with said sanitary sewer.
D.
Required connection of septic systems to sanitary sewers in adopted sewer service areas. In areas where public sanitary sewers are not physically available and operational, but are intended to be the means of wastewater management according to the adopted Water Quality Management Plan applicable to an area, interim use of individual subsurface sewage disposal systems (ISSDSs) by existing and proposed development is allowed. However, at such time as the sanitary sewers are made available and operational, connection of buildings or structures served by ISSDSs to the sewers is required in accordance with this article.
(1) ADOPTED SEWER SERVICE AREA INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM or ISSDS
Definitions. As used in this section, the following terms shall have the meanings indicated:
The area designated in the applicable adopted Water Quality Management Plan, as updated by modifications adopted in accordance with the Water Quality Management Planning Rules at N.J.A.C. 7:15, within which wastewater that is generated is to be conveyed to the wastewater treatment facility associated with the sewer service area.
A system for the disposal of less than or equal to 2,000 gallons per day of sanitary sewage into the ground. Typically such systems are designed and constructed to treat sanitary sewage in a manner that will retain most of the settleable solids in a septic tank and discharge the liquid effluent to a disposal field, but similar designs are also included (for example, those that include seepage tanks or pits for effluent disposal and cesspools that may have been constructed prior to current codes).
(2)
Connection required. Except as otherwise provided in this article, an owner of a building or structure equipped with an ISSDS located on a property abutting any street or sewerage easement in which a gravity sanitary sewer line is operational and available shall promptly connect thereto in a manner complying with this Chapter 251, and cause all sewage on such premises to be discharged into said sanitary sewer, provided that the building or structure is located within the adopted sewer service area of the wastewater treatment facility to which the sanitary sewer line is connected, and discontinue use of the ISSDS.
(3)
Exceptions. This article shall not apply to buildings or structures for which a sanitary sewer line is considered not to be available in accordance with N.J.A.C. 7:9A-1.6(e), as amended or supplemented, or is not operational in accordance with a valid treatment works approval. Sanitary sewers which are considered not available or not operational for the purpose of this article include:
(a)
Those connections to the sanitary sewer line that cannot be accomplished without requiring the installation of a pumping station; blasting of bedrock; the acquisition of an easement or right-of-way to cross an adjoining property; or the crossing of a watercourse, railway, major highway or other significant obstacle;
(b)
Where the sanitary sewer line is located 100 feet or more from the building or structure to be served;
(c)
Where the sanitary sewer has received a Stage II "construction only" treatment works approval in accordance with N.J.A.C. 7:14A-22.9 and has not yet received a Stage III treatment works approval, which is an approval to operate the treatment works in accordance with N.J.A.C. 7:14A-22.10, until such time as the Stage III treatment works approval is approved; or
(d)
Where the sanitary sewer line or receiving sewage treatment plant is subject to a sewer connection ban in accordance with N.J.A.C. 7:14A-22.17, until such time as the sewer connection ban is lifted.
(4)
Pumping and filling of septic tank upon connection to sanitary sewer. Upon connecting to the sanitary sewer, the ISSDS shall be pumped and all its contents removed by a licensed septic cleaner. The lid of the septic tank and/or cesspool shall then be broken or removed and the tank and/or cesspool backfilled with clean fill.
The Superintendent-Water Engineer, with the approval of the Township Council, may order more than one sewer connection for business, industrial, multifamily or other structures with large or unusual sewer conditions, where, in the opinion of said Superintendent-Water Engineer, one sewer connection will not be sufficient, or will interfere with the proper operation of the sewerage system.
A.
No permit for a connection with the public sanitary sewer shall be issued unless the house sewer shall have been constructed in accordance with the provisions of other Township ordinances.
B.
Where a permit is applied for a sewer connection through which industrial waste or waste of a harmful or unusual nature may be introduced into the sewerage system, or the sewerage treatment plant, the Superintendent-Water Engineer shall not issue the permit until he shall analyze or cause to be analyzed such waste. Such analysis shall be made in cooperation with and to the satisfaction of the operator of the treatment plant, and the permit shall not be issued without the consent of said operator. The cost of any required analysis shall be borne by the owner or occupant.
C.
Upon notice in writing to the owner or occupant of any structure emitting such waste, the Township Council may order said owner or occupant to construct a satisfactory pretreatment plant to remove the harmful ingredients of such waste. If the owner or occupant fails to do so, the Township Council may disconnect all connections with the sewerage system, in addition to all other remedies provided by this article.
D.
The owner or occupant of any lot or parcel of land shall maintain all sanitary sewer lines connected to any structure on such lot or parcel of land from the curbline to its terminus at such structure.
No person shall connect, or cause or permit to be connected, any floor drain, surface drain, subsoil drain or leader pipe with the house sewer, or to use the sewer connection or any pipe or drain connected therewith for the purpose of receiving and discharging drainage of any kind other than from plumbing fixtures.
[Amended by Ord. No. 6-1990]
The amount of such rent for the use of the sanitary sewerage work shall be determined by the amount of water consumed in said building or, where there is no building or other improvement on the real property, the lot, and the reading of the water meter or meters heretofore or hereafter installed in any such building or lot shall constitute the measure of the sewage flow from said house, tenement building or lot for the use of which rental is payable. Any separate water meter or meters heretofore or hereafter installed to measure the consumption of water for external purposes only shall not be considered in the measure of the sewage flow from said house, tenement building or lot. Such separate water meter shall be installed in such a manner as to directly measure the consumption of water for external purposes. Where water passes through both meters, the owner of said building or lot shall not be entitled to a dedication for the duplicate metering of water consumption.
[Added 8-18-2014 by Ord. No. 17-2014]
A.
Purpose. The purpose of this section is to help protect public health and safety, water quality and general welfare by requiring the proper operation and maintenance of individual subsurface sewage disposal systems (ISSDSs) in the Township of Livingston.
B.
Background. ISSDSs that are not properly maintained can contaminate both groundwater and surface water, creating health risks to humans and impairing natural ecosystems. Regularly pumping out the accumulated solids and liquids from an ISSDS before they interfere with proper function is the single most effective means to maintain an ISSDS in good working order and to extend its effective life. Therefore, regular pump outs are a key means to protect the surrounding environment as well as public health and welfare from the effects of a failed system.
C.
Applicability. This section is applicable to all ISSDSs, both existing and newly installed, within the Township of Livingston.
D. ACTING AUTHORITY INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM or ISSDS LICENSED HEALTH OFFICER LICENSED ISSDS INSTALLER LICENSED PROFESSIONAL ENGINEER MAINTENANCE NJDEP-REGISTERED ISSDS SERVICE PROVIDER OWNER PROPERTY (1) (2) REGISTERED ENVIRONMENTAL HEALTH SPECIALIST SANITARY SEWAGE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The Township Council of the Township of Livingston or its designee.
A system for the disposal of less than or equal to 2,000 gallons per day of sanitary sewage into the ground. Such systems are generally designed and constructed to treat sanitary sewage in a manner that will retain most of the settleable solids in a tank and discharge the liquid effluent to a disposal field. Existing systems with other designs (some no longer permitted to be used), such as cesspools or those that dispose of effluent through seepage pits, are also included. This term refers to both systems that serve an individual residence as well as onsite subsurface sewage disposal systems serving a property other than a single-family home (such as commercial buildings, food establishments, commercial/residential mixed uses, and systems serving multiple units) with an engineering flow of less than or equal to 2,000 gallons per day, including but not limited to those systems identified in N.J.A.C. 7:9A-1.8(a)2.
An individual granted a license by the Public Health Licensing and Examination Board of the New Jersey Department of Health and Senior Services.
An industry professional that meets a set of established criteria and is deemed qualified to construct, install or alter individual subsurface sewage disposal systems by the Acting Authority or its designee.
An engineer licensed by the New Jersey State Board of Professional Engineers and Land Surveyors to practice the profession of engineering.
Pumping out by a qualified service provider, as determined by the Acting Authority, the accumulated solids and liquids retained in an ISSDS, as well as servicing as necessary to restore an ISSDS to good working order.
An industry professional that has completed the Onsite Wastewater Treatment System Professionals Voluntary Registration Form and filed it with the Department's Bureau of Nonpoint Pollution Control.
Any person or other entity that has legal title to property.
Either of the following that is served by an ISSDS:
A single lot as defined by municipal lot and block; or
The combined area contained within the legal boundaries of two or more contiguous lots where, for any part of each of those lots, there is a shared pecuniary, possessory or other substantial common interest by one or more persons (such as common ownership and/or operation or a common plan of development or sale).
An individual granted a license by the Public Health Licensing and Examination Board of the New Jersey Department of Health and Senior Services.
Any wastes, including wastes from humans, households, commercial establishments, and/or equivalent water-carried wastes of human origin from industries that are discharged to an ISSDS.
E.
Inventory records. The Township of Livingston shall maintain a database identifying each ISSDS in active use within the Township. The database shall include for each ISSDS the parcel block and lot and address of the property where the ISSDS is located, name and address of the property owner, a description of system size, type and location on the property and the pump-out status according to the required pump-out schedule set forth in Subsection F. Owners of properties served by ISSDSs are required to cooperate in the initial development and continuing update of the database as set forth below and in Subsection F. Upon adoption of this section property owners with an ISSDS must register their system with the Township Engineer.
F.
Routine ISSDS maintenance.
(1)
The owner of a property served by an ISSDS must cause the ISSDS to be pumped out by an ISSDS service provider in accordance with the applicable schedule. Documentation of compliance shall be submitted within 30 days to the Township Engineer in the form of a receipt from the ISSDS service provider for the service indicating the property location, service type(s) provided and date of service.
(b)
In lieu of a pump out, the property owner may submit a septic system inspection report to the Township Engineer on a form provided by the Acting Authority indicating that the system is not in need of pumping and is in good working order. In this case, the pump-out schedule will be shifted forward by one year. Said form shall be prepared, completed, and certified by one of the following:
(2)
Modifications to term of scheduled maintenance. The Acting Authority may, on its own motion, upon notice and opportunity to the property owner for a hearing, or upon application for a modified schedule by a property owner, alter the time period for scheduled maintenance. The Acting Authority may consider the factors, including but not limited to those listed below, in determining that a different pumping schedule applies:
(a)
Size of the ISSDS relative to the wastewater generated by the structure(s) served (i.e., small number of users relative to system design may warrant a longer period while a large number of users relative to system design may warrant a shorter period).
(b)
ISSDSs that are cesspools.
(c)
Unusual type and/or intensity of sewage generation, such as dining establishments, pet grooming, hair salons, etc.
(3)
Notification of requirement for scheduled maintenance.
(a)
An initial notice of requirement for initial pump out and the pump-out schedule applicable thereafter shall be mailed by the Acting Authority to owners of properties served by ISSDSs. Except as provided in Subsection F(3)(b), the initial scheduled pump out is required to be conducted within 90 days of the date set forth in the initial notification.
(b)
Property owners shall be exempt from the initial pump-out requirement, provided that documentation is submitted to the Township Engineer that confirms a pump out was completed no more than 18 months prior to receiving the initial notification. In this case, the initial required maintenance will commence three years from the date of the documented pump out.
[Amended 8-18-2014 by Ord. No. 17-2014]
The violation of any provision set forth above shall be punished by a fine not to exceed $2,000 or by imprisonment for a term not exceeding 90 days, or both, or by a period of community service not exceeding 90 days; provided, however, that when the maximum penalty fixed by an applicable state statute is less, by force or said statute or by judicial construction, than any penalty fixed in the Code of the Township of Livingston, then limitations of such state statute shall be applicable.
