Borough of Pennington, NJ
Mercer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Pennington 9-7-1982 by Ord. No. 345. Amendments noted where applicable.]
GENERAL REFERENCES
Regional Sewerage Authority — See Ch. 6, Art. I.
Water and Sewer Utility — See Ch. 53.
Site plan review — See Ch. 163.
Subdivision of land — See Ch. 181.
Sewer rates — See Ch. 206, Art. I.

§ 159-1 Definitions and word usage.

§ 159-2 Creation of Sewer Department; Superintendent.

§ 159-3 Financing of Sewer Department; salaries of employees.

§ 159-4 Deposit of objectionable waste prohibited.

§ 159-5 Maintenance of privies and cesspools prohibited.

§ 159-6 Connection to public sanitary sewer required.

§ 159-7 Filling of private sewage disposal facilities.

§ 159-8 Prohibited pollutants.

§ 159-9 Permit for connection to public sewer.

§ 159-10 Supplemental application information; inspections; fees and costs.

§ 159-11 Additional permits.

§ 159-12 Revocation of permit.

§ 159-13 Separate connections required for each building.

§ 159-13.1 Exterior grease interceptors.

§ 159-13.2 When interceptor required.

§ 159-13.3 Compliance.

§ 159-13.4 Interceptor capacity.

§ 159-13.5 Design specifications.

§ 159-13.6 Interceptor operation, maintenance and inspection.

§ 159-14 Use of existing building sewers.

§ 159-15 House connections.

§ 159-16 Inspection pipe or lamphole required for certain ground conditions.

§ 159-17 Inspection prior to backfilling.

§ 159-18 Responsibility for house connection.

§ 159-19 Certain surface water and groundwater conductors prohibited; tests for illicit connections.

§ 159-20 Protection against backflow from sanitary sewer; required equipment.

§ 159-21 Measuring devices.

§ 159-22 Temporary use of sewer system.

§ 159-23 House connections in approved subdivisions.

§ 159-24 Installation of soil pipe prior to formal notice.

§ 159-25 Discontinuance of cesspools and septic tanks.

§ 159-26 Information required for issuance of connection permit; insurance.

§ 159-27 Deadline for filling in of septic system; permit; inspection fee.

§ 159-28 Sewer extensions.

§ 159-29 Discontinuance of sewer service.

§ 159-30 Restoration of service; fee; reimbursement for costs incurred by Borough.

§ 159-31 Notification of existence of vacant building.

§ 159-32 Notification of razing of building.

§ 159-33 Right of entry.

§ 159-34 Notice of violation.

§ 159-35 Violations and penalties.

§ 159-36 Liens.

§ 159-37 Illicit connections.

§ 159-38 Improper disposal of substances into the storm sewer system.

§ 159-39 Sump pumps.

§ 159-1 Definitions and word usage.

A. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCEPTED LABORATORY PROCEDURES
Generally, the laboratory routine described in the most recent edition of Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation in a specified time (five days) and at a specified temperature (20°) in accordance with accepted laboratory procedures.
BOROUGH
The Borough of Pennington.
BOROUGH ENGINEER
The Engineer as duly appointed by the Borough Council.
BUILDING CONNECTION
See "house connection".
COMMERCIAL BUILDING
A building used for services, trade or storage of goods, exclusive of industrial buildings, office buildings, laboratories and dwellings.
DEPARTMENT
The Sewer Department of the Borough of Pennington.
DISSOLVED OXYGEN (DO)
The amount of oxygen in solution in water (or sewage) as determined by accepted laboratory procedures.
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations.
[Added 7-10-2006 by Ord. No. 2006-10]
EXTERIOR GREASE INTERCEPTOR or INTERCEPTOR
A watertight receptacle utilized by non-single-family generators of liquid waste to intercept, collect and restrict the passage of grease, oil and food particles into the sewer to which the receptacle is directly or indirectly connected and to separate and retain grease and food particles from the wastewater discharged by a facility.
[Added 6-7-2004 by Ord. No. 2004-4]
FOOD ESTABLISHMENT OR FACILITY
Any establishment or facility engaged in preparing, processing or serving food for a commercial or institutional purpose in a manner likely to result in the discharge of grease, fats or oils to the sewer system, including but not limited to a restaurant, cafeteria, institutional kitchen or other establishment or facility which a) is involved in the preparation of food by means of cooking (frying, grilling, sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, poaching, searing, barbecuing or the like) and b) washes skillets, pots, pans, bowls, dishes, plates or other equipment or utensils in water discharged to the sewer system.
[Added 5-1-2006 by Ord. No. 2006-3]
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of food products.
GREASE AND OIL
Any material, but particularly biological lipids and mineral hydrocarbons, recovered as a substance soluble in an organic extracting solvent using an appropriate analytical method approved under 40 CFR 136. It also includes other material extracted by the solvent from an acidified sample and not volatilized during the extraction procedure, as defined in federal regulations.
[Added 6-7-2004 by Ord. No. 2004-4]
GROUNDWATER
Water that is found underground in the cracks and spaces in soil, sand and rock.
[Added 10-10-2006 by Ord. No. 2006-8]
HOUSE CONNECTION OR BUILDING SEWER
The entire pipe for conveying sanitary sewage or industrial wastes from a building to the sanitary sewer in the street or easement; generally, comprised of the soil pipe and service lateral.
ILLICIT CONNECTION
Any physical or nonphysical connection that discharges domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Pennington, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
[Added 7-10-2006 by Ord. No. 2006-10]
INDUSTRIAL BUILDING
A building, including dairy and dairy bar, used for the manufacturing or processing of goods, materials and/or equipment.
INDUSTRIAL WASTE
Nondomestic waste, including but not limited to pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act [33 U.S.C. § 1317(a), (b), or (c)], as may hereafter be amended from time to time.
[Amended 7-10-2006 by Ord. No. 2006-10]
INSPECTION
The representative of the borough duly authorized to inspect the construction, operation and/or maintenance of a sewer system or any part thereof.
MUNICIPAL SANITARY SEWER OR SANITARY SEWER
The pipe in the street or easement of the borough, used for the conveying of sanitary sewage and industrial wastes for treatment and disposal.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough or other public body and is designed and used for collecting and conveying stormwater.
[Added 7-10-2006 by Ord. No. 2006-10; amended 10-10-2006 by Ord. No. 2006-8]
NJPDES PERMIT
A permit issued by the New Jersey Department of Environmental Protection to implement the rules governing the New Jersey Pollutant Discharge Elimination System (NJPDES) at N.J.A.C. 7:14A.
[Added 7-10-2006 by Ord. No. 2006-10]
NONCONTACT COOLING WATER
Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Noncontact cooling water may, however, contain algaecides or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
[Added 7-10-2006 by Ord. No. 2006-10]
PERSON
Any person, firm or partnership, corporation, association, club, society or any other form of association or organization, both singular and plural, subject to the jurisdiction of the Borough.
[Amended 7-10-2006 by Ord. No. 2006-11; 10-10-2006 by Ord. No. 2006-8]
pH
The symbol designating the negative reciprocal of the logarithm of hydrogen ion concentration.
PLUMBING INSPECTOR
The person duly authorized by the Mayor and Council, through the Sewer Department, Board of Health, Building Department or Borough Engineer, to inspect the house connections and any of the plumbing in the properties connected to the sewer to ensure compliance with the provisions of this chapter, agreement or code relating to the construction, installation, maintenance and use of the sewerage system and the fluids contributed to the sewerage system. (It is not intended that this inspector must hold a license or certificate as Plumbing Inspector, the term being used only to designate a function for use in the implementation of this chapter.)
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than noncontact cooling water.
[Added 7-10-2006 by Ord. No. 2006-10]
SANITARY SEWAGE
Waterborne wastes discharged from various sinks, tubs, basins, lavatories, toilets, showers and all other plumbing fixtures, but not stormwater, surface water runoff or drainage of either surface water or groundwater, and shall be construed to mean and include any of the following:
(1) 
Domestic sewage or waterborne wastes from private dwellings.
(2) 
Fluid wastes discharging from the sanitary conveniences of multiple dwellings (apartment houses, hotels and motels), office buildings, commercial and industrial establishments and institutions.
SANITARY SEWER SYSTEM
A system of conveyances (including pipes, manholes, inverted siphons and pumping stations) that is owned or operated by the Borough or other public body and is designed and used for collecting sanitary wastes and conveying them to a treatment facility.
[Added 10-10-2006 by Ord. No. 2006-8]
SEEPAGE PIT
A chamber or tank constructed below grade for the purpose of recharging water into the ground. The chamber may be preformed of composite materials or built to suit. The chamber shall hold at least 50 gallons and shall have a perforated bottom and perforated sides.
[Added 10-10-2006 by Ord. No. 2006-8]
SERVICE LATERAL
The pipe starting with the connection to the sanitary sewer in the street or easement and ending at the curbline or edge of the easement, or such other point in the right-of-way, to which the soil pipe is or may be connected.
SEWAGE TREATMENT PLANT
An arrangement of devices and structures by means of which sanitary sewage and industrial waste is treated in order to remove or alter its objectionable constituents in order to render it less offensive and acceptable for discharge into the receiving waters.[1]
SOIL PIPE OR SOIL LINE
The pipe installed from the house or building and connecting to the service lateral at the curbline, outside boundary of an easement or such other point in the right-of-way to which it is or may be connected to the service lateral, to be installed and maintained at the expense of the property owner.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the surface of the land, is transmitted to the subsurface and is captured by storm sewers or other drainage facilities.
[Added 7-10-2006 by Ord. No. 2006-10; amended 10-10-2006 by Ord. No. 2006-8]
SUMP PIT
A space into which a sump pump is installed, designed to provide sufficient depth and volume for proper performance of the pump.
[Added 10-10-2006 by Ord. No. 2006-8]
SUMP PUMP
A pump, with related valves, pipe and fittings, installed for the purpose of evacuating water, usually from a basement area.
[Added 10-10-2006 by Ord. No. 2006-8]
SUMP PUMP DISCHARGE
The end of the pipe from the sump pump where water becomes unconfined and reverts to gravity flow.
[Added 10-10-2006 by Ord. No. 2006-8]
SUPERINTENDENT
The Superintendent of the Sewer Department of the Borough of Pennington or authorized deputy, agent or representative.
SUSPENDED SOLIDS
The floating solids in a sample of sewage or water as determined by an acceptable laboratory procedure.
[1]
Editor's Note: The former definition of "sewerage system," which immediately followed, was repealed 10-10-2006 by Ord. No. 2006-8. See now the definition of "sanitary sewer system."
B. 
Word usage. "Shall" is mandatory; "may" is permissive.

§ 159-2 Creation of Sewer Department; Superintendent.

There is hereby created the Sewer Department of the borough. The Sewer Department shall operate under the supervision and direction of the Superintendent of the Sewer Department. The Sewer Department shall consist of such additional employees as may, from time to time, be deemed necessary by the Mayor and Council.

§ 159-3 Financing of Sewer Department; salaries of employees.

The operation of the Sewer Department shall be financed by an appropriation in the general budget under the item heading "Sewer System." An appropriation for salaries and wages shall be provided in the general budget, and the Superintendent of the Sewer Department, together with other departmental employees, shall receive such compensation as determined by the Mayor and Council as in the case of other municipal employees.

§ 159-4 Deposit of objectionable waste prohibited.

It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the Borough of Pennington, or in any area under the jurisdiction of said borough, any human or animal excrement, garbage or other objectionable waste, including industrial waste.

§ 159-5 Maintenance of privies and cesspools prohibited.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

§ 159-6 Connection to public sanitary sewer required.

[Amended 9-4-1984 by Ord. No. 379]
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the borough and abutting on any street, alley or right-of-way in which there is located a public sanitary sewer of the borough, is required at the owner's expense to connect directly with the proper public sewer in accordance with the provisions of this chapter within 270 days after the date of official notice to do so.

§ 159-7 Filling of private sewage disposal facilities.

At such time as a public sewer becomes available to a property and a connection is made to the public sewer in compliance with this chapter, then any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with a suitable material as provided in § 159-15 and in accordance with applicable state laws and sanitary codes.

§ 159-8 Prohibited pollutants.

The following pollutants may not be introduced into the public sewer system:
A. 
Pollutants which create a fire or explosion hazard in the system.
B. 
Pollutants which will cause corrosive structural damage to the system, but in no case having a pH less than 5.0 or greater than 9.0.
[Amended 6-7-2004 by Ord. No. 2004-4]
C. 
Solid or viscous pollutants in amounts that will cause obstruction to the flow in sewers or other interference with the operation of the system.
D. 
Any liquid containing grease, fats or oils (whether emulsified or not) in excess of 500 mg/l (milligrams per liter), or containing substances which may solidify or become viscous at temperatures between 32° and 150° F. (0° and 65° C.).
[Added 6-7-2004 by Ord. No. 2004-4[1]; amended 5-1-2006 by Ord. No. 2006-3]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections D and E as Subsections E and F, respectively.
E. 
Any pollutant including oxygen-demanding pollutants (BOD, etc.) released in a discharge of such volume or strength as to cause interference with the system.
F. 
Heat which will raise the temperature of the sewage to such a degree as to adversely affect the sewerage structures and/or the sewage treatment processes.

§ 159-9 Permit for connection to public sewer.

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent. The owner or the owner's agent shall make application on a form furnished by the Borough Clerk or Superintendent of Sewers.

§ 159-10 Supplemental application information; inspections; fees and costs.

A. 
The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent.
B. 
One inspection will be made under each permit. Where reinspections are necessary due to faulty work, covering of work prior to inspection, inadequate materials, tools or labor required for tests, improper notification or any act of negligence on the part of the person making the installation, the applicant shall apply in writing for a reinspection under the same terms and conditions as applied to the original permit, and including payment of the fee fixed herein.
C. 
A permit fee of $60 (or such other amount as fixed by ordinance) shall be paid at the time the application is filed. Where the processing of an application involves special engineering studies, there shall be an additional charge to reimburse the borough for its actual costs, which shall be paid before issuance of the permit. As provided in § 159-1A, definition of "soil pipe," and § 159-15 all costs for the installation of the soil pipe and its connection to the sewer system shall be borne by the owner. The owner shall indemnify the borough from any loss or damage that may directly or indirectly be occasioned by the installation.

§ 159-11 Additional permits.

The issuance of a permit for the making of a connection shall not relieve the owner or agent, or any person presuming to act under the authority of such permit, from obtaining any additional permits required by law, ordinance or regulation, for the openings of streets or roads, the construction of buildings or the like.

§ 159-12 Revocation of permit.

A permit may be revoked at any time by the Superintendent, in writing, for any violation of this chapter or for violation of any condition upon which the permit was issued or for a refusal to allow inspection by any employee, officer or duly authorized representative of the borough.

§ 159-13 Separate connections required for each building.

A separate house connection or building sewer shall be provided for each building. In instances where a single building sewer is to be provided for multiple-unit dwellings, commercial buildings or industries, or for conveying large rates of flow, an application for a special permit shall be made to the Sewer Department for such connection. Any permit granted may be subject to such special conditions as, in the opinion of the Sewer Department, are required to protect the integrity of the sewer system and its operation. The application for a special permit shall be accompanied by drawings and descriptive matter showing the location of all soil lines and connections to said house connections or building sewer.

§ 159-13.1 Exterior grease interceptors.

[Added 6-7-2004 by Ord. No. 2004-4; amended 5-1-2006 by Ord. No. 2006-3]
Except as otherwise provided in this chapter, the owners of properties in which any food establishment or facility is located shall install and maintain one or more exterior grease interceptors to prevent prohibited discharges of grease, fat or oil into the sewer system. The interceptor or interceptors when required shall be connected to all sinks, dishwashers, drains and other fixtures as needed to ensure that all liquid waste from the property likely to contain grease, fat or oil is discharged through an interceptor. Each such interceptor, alone or in combination with one or more other interceptors, shall be sized and installed to prevent discharge of grease, fat or oil into the sewer system in excess of 500 milligrams per liter (mg/l) total concentration.

§ 159-13.2 When interceptor required.

[Added 6-7-2004 by Ord. No. 2004-4; amended 5-1-2006 by Ord. No. 2006-3; 10-5-2015 by Ord. No. 2015-9]
The owner of a property containing a food establishment or facility which opens for business after October 1, 2015, may elect to defer installation of one or more exterior grease interceptors otherwise required by this chapter, provided that deferring the installation of the exterior grease interceptor may continue only for as long as the owner demonstrates to the reasonable satisfaction of the Borough, based on the testing of wastewater as prescribed herein, that the food establishment or facility does not discharge grease, fat or oil in excess of the maximum concentration permitted by § 159-8D of the Code. The testing of wastewater shall comply with the following standards and procedures.
A. 
The owner, at the owner's sole expense, shall install and maintain a suitable monitoring system which shall permit observation, sampling and measurement of wastes being discharged from affected buildings on the property. The monitoring system shall consist of either an exterior control manhole in the sewer conveying wastewater from the building or a grease interceptor inside the building with a spout or faucet or other means of access on its effluent pipe, each configured and equipped as set forth in this chapter. The elected monitoring system shall:
(1) 
Be installed downstream of all fixtures discharging grease or oil and upstream of the building sewer;
(2) 
Include waste piping connected to all sinks, dishwashers, drains and other fixtures as needed to effect the complete segregation of fixtures receiving grease or oil so that only the waste from these fixtures is monitored by the system;
(3) 
Be accessible and safely located; and
(4) 
Together with all related waste piping and system modifications, be constructed in accordance with plans approved by the Borough Plumbing Subcode Official or the Borough Engineer, as appropriate.
B. 
The owner shall, at the owner's sole expense, contract with a laboratory certified by the New Jersey Department of Environmental Protection to obtain suitable samples from the monitoring system to determine the concentration of grease and oil in the monitored wastewater under representative operating conditions. The laboratory shall test the sampled wastewater in compliance with EPA Method 1664A HEM or such other testing protocol as may hereafter be approved by the Department of Environmental Protection for this purpose. The sampling and testing shall be performed at least quarterly. The owner shall promptly submit full details and results of such sampling and testing to the Borough Department of Health and shall maintain copies on the premises. Sampling and testing information shall include for each sample the date, exact location, method, volume and time of sampling, the name of the person(s) taking the sample, the date or dates of analysis of the sample, the name of the person(s) performing the analysis, the analytical techniques or methods used, and the results of the analysis. When the results of tested samples in three consecutive quarters indicate no more than 20% of the maximum concentration permitted by § 159-8D of the Code, the owner may petition the Borough, in writing, to reduce laboratory testing to two tests per calendar year on a schedule approved by the Borough. Any change in ownership of the business or building, a change in the product produced by the business, any indication between tests that the discharge of grease or oil has increased, or a single test with a result in excess of 20% of the maximum amount permitted by the Code shall require the immediate reinstitution of quarterly testing.
C. 
The sampling of wastewater shall be performed when the establishment or facility is in full operation and shall be of sufficient frequency during an ordinary day and week to permit reliable measurement of whether maximum permissible concentrations of grease, fat and oil have been exceeded. It shall be unlawful to add water to the monitored wastewater for the purpose of diluting wastes. The Borough reserves the right to conduct its own sampling and testing at the owner's expense. For this purpose, the owner or the operator of the food establishment or facility, as appropriate, shall afford the Borough and its authorized representatives immediate, full and safe access to the monitoring system, upon request, without prior notice.
D. 
Upon a determination by the Borough, based on the described sampling and testing, that the owner has failed to demonstrate that the food establishment or facility is not discharging grease, fat or oil in excess of the maximum concentration permitted by § 159-8D of the Code, the Borough shall notify the property owner that installation of one or more exterior grease interceptors is required. The notice shall provide a deadline for completing the installation as set forth in § 159-13.3 of the Code.
E. 
All engineering, laboratory and other professional fees incurred by the Borough in connection with approvals required by this chapter or in connection with implementation of the sampling and testing procedures set forth herein shall be promptly reimbursed to the Borough by the owner.

§ 159-13.3 Compliance.

[Added 6-7-2004 by Ord. No. 2004-4; amended 5-1-2006 by Ord. No. 2006-3]
A. 
Except as provided below, owners of properties required to install and maintain one or more exterior grease interceptors pursuant to this chapter shall install such interceptors upon notice by the Borough as follows:
(1) 
Within 180 days of such notice, if the property in question is then equipped with an undersized exterior grease interceptor.
(2) 
Within 360 days of such notice, if the property is not then equipped with an exterior grease interceptor.
B. 
Owners of properties which as the result of new construction or other modifications of the property or use of the property will be required to install and maintain one or more exterior grease interceptors shall as conditions precedent for the issuance of a sewer permit:
(1) 
Submit plans demonstrating to the reasonable satisfaction of the Borough that the design, installation and proposed operation of the interceptor or interceptors will comply with the specifications in this chapter; and
(2) 
Post a guarantee satisfactory to the Borough ensuring that the interceptor or interceptors will be installed as proposed.
C. 
An owner electing to defer installation of an exterior grease interceptor by the installation of a monitoring system and the testing of wastewater, as provided in § 159-13.2, shall install such system and commence prescribed testing within 60 days of notice by the Borough that installation of one or more grease interceptors is required. If prior to October 1, 2015, such owner received notice by the Borough that installation of an exterior grease interceptor is required, the Borough shall issue a second notice to the owner, again requiring installation of an exterior grease interceptor. The owner receiving such second notice shall have 60 days thereafter to install a monitoring system if the owner so elects. Otherwise, within 60 days of the second notice or within the time remaining following the earlier notice under Subsection A(2), above, whichever is greater, the owner shall install the exterior grease interceptor. If at any time after installation of a monitoring system the Borough notifies the owner that installation of an exterior grease interceptor is required as provided herein, the installation of the interceptor shall be completed within 120 days of that notice.
[Amended 10-5-2015 by Ord. No. 2015-9]
D. 
Any requests for time extensions shall be submitted in writing to the Borough at least 30 days in advance of the compliance date. The written request shall include the reasons for the owner's failure or inability to comply with the compliance date, the additional time needed to complete the remaining work and the steps to be taken to avoid future delays. The Borough shall determine the date for compliance.

§ 159-13.4 Interceptor capacity.

[Added 6-7-2004 by Ord. No. 2004-4]
A. 
Exterior grease interceptors.
(1) 
Exterior grease interceptors for restaurants and other dining facilities shall be sized in accordance with the following formula but in no case shall be less than one-thousand-gallon liquid capacity:
Interceptor size (liquid capacity) = number of seats x number of hours open divided by 2 x 10.0.
(2) 
This sizing formula is intended as a guide in determining grease interceptor sizes and shall be considered the minimum sanitary sewer protection against prohibited grease or oil discharge. In approving a design for a grease interceptor, the Borough does not accept liability for the failure of a system to adequately limit concentrations of grease or oil or to prevent prohibited discharges of grease or oil. It shall be the responsibility of the owner to ensure at all times that the appropriate level of treatment and maintenance is provided to comply with this chapter.
B. 
The following documentation shall be submitted to substantiate the calculation of capacity for grease interceptors used in connection with restaurant and dining facilities:
(1) 
Dining area seating capacity.
(2) 
Number of meals served during the peak hour.
(3) 
Number of meals served daily.
(4) 
Daily hours of kitchen operation/wastewater discharge.
(5) 
Daily and peak wastewater flow rates to be discharged to the interceptor.
(6) 
Interceptor influent temperature.
C. 
The design and capacity of grease interceptors and appurtenances for applications other than restaurant and dining facilities shall be sized to prevent discharge of grease or oil in violation of this chapter. Sizing for satisfactory operation is the responsibility of the property owner. Supporting documentation, design calculations and construction drawings shall be signed and sealed by a professional engineer licensed to practice in the State of New Jersey.

§ 159-13.5 Design specifications.

[Added 6-7-2004 by Ord. No. 2004-4]
A. 
The design of all individual exterior grease interceptors shall comply with the following requirements:
(1) 
Interceptor structures shall be watertight, precast or poured-in-place concrete construction with a liquid depth not exceeding six feet. The ratio of liquid depth to width shall be approximately 1 to 1.5. The interceptor structure and appurtenances shall be designed to withstand vehicle loads unless otherwise protected.
(2) 
A partition wall dividing the interceptor into approximately 2/3 and 1/3 of total volume shall be provided. The larger compartment shall be located at the inlet end.
(3) 
Inlet, outlet and intermediate baffles shall be provided to promote separation of grease or oil from water. Baffles shall terminate 12 inches above the interceptor floor to provide for solids accumulation.
(4) 
There shall be not less than four inches of clearance between the maximum water level and the underside of the top slab for venting.
(5) 
Access manholes 30 inches in diameter shall be provided over the inlet and outlet baffles to permit cleaning and inspection and shall be accessible from grade. Manholes shall be provided with gastight and watertight covers. Smaller cleanout ports or access openings shall be provided to access intermediate baffles.
(6) 
An observation and sampling manhole shall be provided immediately downstream of the interceptor outlet.
(7) 
Exterior grease interceptors shall not be located within Borough rights-of-way or beyond the limits of the property being served by the interceptor except upon a determination by Borough Council in an individual case that locating the interceptor within the boundaries of the property being served is not practicable, by reason of the extent of building coverage on the property, the nature of topographical or subsoil conditions, environmental constraints or the presence of other factors which would cause strict application of the prohibition to frustrate the public interest. Applications for exceptions shall be heard by Borough Council upon written notice to all owners of property within 200 feet of the applicant's property. The notice shall describe with particularity the subject of the application and shall specify the date, time and location of the hearing. The notice shall be provided by applicant at its sole expense and shall be mailed to affected property owners by registered mail or certified mail, return receipt requested, at least 10 days prior to the hearing.
[Amended 2-7-2005 by Ord. No. 2005-2]
B. 
Design calculations and drawings shall indicate the following:
(1) 
Calculation of interceptor liquid volume.
(2) 
Dimensions of interceptor structure, including liquid volume and relationship of water depth to length and width.
(3) 
Baffle and partition configuration.
(4) 
Location and size of access manholes and cleanouts.
(5) 
Horizontal and vertical location of upstream and downstream interceptor piping from the building to the point of connection with the Borough sewer.
(6) 
Interceptor location(s) with respect to property lines and vehicle access.
C. 
Design calculations and drawings shall be approved by the Borough prior to construction.

§ 159-13.6 Interceptor operation, maintenance and inspection.

[Added 6-7-2004 by Ord. No. 2004-4]
A. 
Except for food preparation byproducts and/or wash water waste fat, grease and oil shall be removed to the greatest extent possible upstream of grease interceptors and disposed of in accordance with all applicable regulations.
B. 
None of the following agents shall be placed directly into a grease interceptor or into any drain that leads to an interceptor:
(1) 
Emulsifiers, de-emulsifiers, surface active agents, enzymes, degreasers or any type of product that will liquefy grease interceptor wastes;
(2) 
Any substance that may cause excessive foaming in Borough sanitary sewers; or
(3) 
Any substance capable of passing the solid or semisolid contents of the grease interceptor to the receiving sewer.
C. 
The influent to interceptors shall not exceed 140° F. The temperature at the closest point of measurement upstream of the grease interceptor shall be considered equivalent to the temperature of the influent.
D. 
Toilets, urinals and other similar fixtures shall not discharge through a grease interceptor.
E. 
All exterior grease interceptors shall be maintained by the owner at the owner's expense to ensure at all times that discharge of grease or oil from the property, establishment or facility does not violate this chapter. Maintenance shall include all steps necessary to achieve the intended purpose and maximum recovery of all contents, including floating materials, wastewater, bottom sludge and solids on a periodic basis. Interceptors shall be serviced at a frequency required to limit grease accumulation to not more than 25% of the volume between the bottom of the interceptor and the outlet pipe invert or more frequently as required by the Department of Health to prevent discharge of grease or oil into the sewer system. The initial service interval shall not exceed six months. The removal and hauling of grease and oil shall be performed by a licensed waste disposal or rendering firm. The owner shal1 maintain accurate manifests and logs of the dates of cleaning and the means of disposal of grease and oil. These records shall be subject to inspection by the Department of Health and the Superintendent of Public Works.
[Amended 2-6-2017 by Ord. No. 2017-2]
F. 
If the exterior grease interceptor discharge exceeds the maximum permissible concentration, the Borough may require the owner, upon notice pursuant to § 159-34, to increase the grease interceptor maintenance frequency and/or repair, replace or upgrade the interceptor at the owner's expense. The owner shall install a manhole immediately downstream of the grease interceptor to permit observation, sampling and measurement of the discharge of grease and oil.
G. 
An authorized representative of the Department of Health and the Superintendent of Public Works bearing proper credentials and identification shall be permitted to enter and inspect all properties having exterior grease interceptors upon reasonable notice. This right of inspection shall include the right to measure, observe, monitor, sample, test, record, review and make copies of all pertinent documents.
[Amended 2-6-2017 by Ord. No. 2017-2]

§ 159-14 Use of existing building sewers.

[Amended 12-6-1999 by Ord. No. 99-14]
Existing building sewers may be used in connection with new buildings only when they conform to all requirements of this chapter and to the provisions of the Plumbing Subcode of the Uniform Construction Codes of the State of New Jersey and such other recognized standards, insofar as these regulations or standards apply to the materials, fixtures, pipe, fittings, interconnection, venting and physical installation (excluding, however, those provisions for personnel qualifications, licensing and enforcement, which matters are the responsibility of the owner), in order that all of the liquid waste, which should be discharged into the sewerage system, is so discharged and that none of the surface water runoff, groundwater and other drainage which should not be discharged into the sewerage system be prevented from reaching the sewerage system either directly or indirectly so that the integrity of the sewerage system will be preserved and the public health be protected. If or where differences between the provisions of this chapter and any other standards occur, the provisions of this chapter shall be satisfied.

§ 159-15 House connections.

A. 
House connections for sewer services shall be in a separate trench and, unless otherwise specifically approved, shall be at least five feet from a water service or a surface water or groundwater conduit of any nature, such as drains for downspouts, cellar drains or footing drains.
B. 
Pipes for house connections shall be four inches in diameter or greater, as required, and shall be one of the following materials:
(1) 
Cast-iron pipe (American National Standard Institute ANSI A21.6 or A21.8). Joints shall be push-on type rubber gasket joining (ANSI A21.11) or bell-and-spigot joint (caulked lead joint ANSI A21.6 or A21.8).
(2) 
Cast-iron soil pipe, extra heavy (ASTM A 74). Joints shall be caulked, lead joint.
(3) 
Asbestos cement pipe (ASTM C644-Class 2400). Joints shall be coupling-type with rubber ring (ASTM C-644 and ASTM D-1869).
(4) 
Vitrified clay pipe, extra strength (ASTM C-700). Joints shall be compression joints (ASTM D-425).
(5) 
Polyvinyl chloride, PVC Schedule 40 (ASTM D-1785). Joints shall be socket-type (ASTM D-2467).
C. 
The borough will supply the required flexible coupling for connecting the four-inch soil pipe to the existing five-inch asbestos cement service lateral.
D. 
A tee placed vertically and capped (cast iron or of the same material as the soil pipe) shall be installed at the end of the existing service lateral and extend through the flexible coupling into the five-inch service lateral.
E. 
A cleanout, consisting of a cast-iron tee or a sweep tee of the same material as the soil pipe, with additional fittings and lengths of pipe in order to terminate at the surface of the ground, shall be installed approximately five feet but not more than 10 feet from the building. A similar cleanout shall be installed at intervals no greater than 75 feet on soil pipes more than 75 feet long. At all changes in direction of the soil pipe, a similar cleanout shall be installed.
F. 
Within six months after the soil pipes have been disconnected from the existing subsurface disposal facilities and connected to the public sewer system, the contents of these septic tanks and/or cesspools shall be substantially removed and satisfactorily disposed of and the voids created by their removal filled and tamped with granular material.
G. 
The fill material shall be trap rock siliceous sand and gravel and shall be substantially free of limestone, clay, organic or other deleterious materials. The material shall meet the following gradations:
Sieve Size
Percentage Passing
1 1/2 inches
100
1 inch
100 - 80
3/4 inch
95 - 70
3/8 inch
80 - 40
No. 4
70 - 25
No. 10
60 - 15
No. 40
20 - 0
H. 
However, if completely surrounded by the above granular material, large pieces of concrete, shale or other local field stone or rock can be used for filling the void.
I. 
Where the property has been subdivided subsequent to the construction of the sewer or the property owner chooses not to use the five-inch service lateral installed for the property, the owner, at his or her own expense, shall arrange for and have installed a connection to the sewer. Such connection shall receive prior approval and be subject to inspection by the representative of the Sewer Department.
J. 
If a parcel of land is subdivided, the owner shall provide, at his or her own expense, any sewer extension, connection of the service lateral and all other sewer accessories, including manholes in accordance with the requirements of the ordinances and the standards of the borough. The owner shall submit plans and specifications for the work to the Borough Clerk for review and approval by the borough's consulting engineer and the Superintendent of Sewers. If any opening (hole) in an existing sewer is proposed (needed or required) for a service lateral, it shall be made with a saw or drill, not with a chisel, and the service lateral shall be secured tightly, without leaks, to the sewer pipe with an approved gasketted clamp. If any damage to the sewer occurs when making the sewer connection, it shall be repaired at the owner's expense and to the satisfaction of the borough.

§ 159-16 Inspection pipe or lamphole required for certain ground conditions.

Where ground conditions indicate the groundwater level to be at the same elevation or above the house connection, an inspection pipe or lamphole shall be installed, if required, by the Sewer Department.

§ 159-17 Inspection prior to backfilling.

Prior to backfilling of any trench for a soil line, it shall be inspected by the Superintendent, Engineer, Plumbing Inspector or other duly authorized inspector. If all or any part is covered before being so inspected, it shall be uncovered for inspection at the cost and expense of the owner. The request for inspection shall be made at least 48 hours before the inspection is required.

§ 159-18 Responsibility for house connection.

[Amended 4-13-2015 by Ord. No. 2015-3]
Unless otherwise approved by the Superintendent, the house connection shall be installed at a gradient of not less than 1/4 inch to a foot and shall be laid in a straight line. The property owner shall install and maintain and bear the entire cost and expense of the soil pipe or soil line. The owner shall keep it in good repair and protect it from damage which might permit entry of any liquids or solids not originating in the building which it serves. The owner shall not be responsible for repair or maintenance of the service lateral, except the owner shall be held liable for any damage or extra costs to the sewer system, or Sewer Department, as a result of damage to or obstruction of the service lateral or sewer system caused by tampering or other act or neglect of the property owner or other user of the property, including without limitation tampering or other act or neglect in the maintenance or use of the owner's soil pipe or soil line. All leaks or breaks in the service connection shall be reported promptly to the Sewer Department and repaired. Repairs shall be subject to the same requirements and same inspection as provided for new house connections.

§ 159-19 Certain surface water and groundwater conductors prohibited; tests for illicit connections.

[Amended 12-2-1996 by Ord. No. 96-18]
No connection shall be made to the sanitary sewer system, or any part thereof, which will permit any surface water runoff or groundwater to enter the system. Direct or indirect connections of roof leaders, footing drains, cellar drains, area drains, swimming pools, motor homes and sump pumps are specific among the many types of surface water and groundwater conductors which are prohibited. The borough reserves the right to use whatever tests are available to determine the existence of illicit connections to the sewer system, as well as the right to inspect properties in order to enforce these prohibitions. If a test is used (such as one using smoke), which might cause some discomfort if an illicit connection exists, it shall be recognized that any discomfort, or other effect of the test, is of less value and importance than the effects of such illicit connections on the health, comfort and welfare of the resident of the borough, and, consequently, there shall be no cause for action against the borough in law or equity.

§ 159-20 Protection against backflow from sanitary sewer; required equipment.

The owner of each house connection shall be responsible for and make such provisions as he or she deems necessary to protect the premises against backflow of sewage from the sanitary sewer. Sufficient check valves and appurtenant equipment shall be installed and maintained by the owner as deemed necessary. All such appurtenances and equipment shall be the sole responsibility of the owner, and the borough assumes no responsibility for its installation and operation nor for damage caused by sewage backflow.

§ 159-21 Measuring devices.

A means of measuring, indicating or recording as determined by the borough shall be installed on the building sewer where rates of flow cannot be otherwise established. Such measuring devices shall be approved by the borough before they are installed. They shall be supplied, properly installed, maintained and operated at the owner's expense and kept available for inspection and observation by authorized representatives of the borough at all times. Where the water supply is not metered and a special measuring device is either technically or economically not feasible, or where an installed measuring device is temporarily inoperable, the quantity of water used and the rate of usage, or both, may be estimated by such parameters (the capacity and time of operation of the well pump, the number of water outlets in the building or such other reasonable means) as may be acceptable to the borough.

§ 159-22 Temporary use of sewer system.

Persons desiring to make temporary use of the sewer system for construction and other purposes shall make application for such service to the Sewer Department and, if permission is granted, shall comply with all the requirements of this chapter and such other conditions established for such special or temporary use, paying such charges as established therefor.

§ 159-23 House connections in approved subdivisions.

House connections in subdivisions approved by the Borough Planning Board shall conform with Chapter 181, Subdivision of Land, and the requirements of this chapter.

§ 159-24 Installation of soil pipe prior to formal notice.

A property owner may elect to install the soil pipe from the terminus of the service lateral to the building(s) prior to being given formal notice to do so by the borough, provided that any such early installation shall not result in an actual connection of the building to the sewer system. Prior to making any such installation, the property owner shall obtain a permit and pay an initial permit fee of $30. Any such early soil pipe installation shall be done in accordance with the terms and conditions of this chapter. Upon the borough giving the property owner notice to hook up to the system, the property owner shall pay a fee of $30 and obtain a connection permit allowing him or her to make the final connection to the sewer system. This final connection shall be done in accordance with the terms and conditions of this chapter.

§ 159-25 Discontinuance of cesspools and septic tanks.

Upon the property being connected to the borough sanitary sewer system, the property owner shall discontinue the use of the cesspool, septic tank or other similar subsurface private sanitary facility and shall take whatever steps are necessary and directed by the State of New Jersey Health Code to provide for:
A. 
The safety of persons on the surface in or about the discontinued facilities.
B. 
Prevention of contamination or pollution of the subsurface or percolating waters of the Borough of Pennington and the prevention of disease and otherwise ensuring the health, safety and welfare of the residents of the Borough of Pennington.

§ 159-26 Information required for issuance of connection permit; insurance.

[Added 1-3-1983 by Ord. No. 346]
Prior to issuing any connection permit, the party requesting the permit shall supply the Borough Clerk with the following information:
A. 
Name and address of the contractor.
B. 
Written proof of the following insurance:
(1) 
Workers' compensation, where applicable.
(2) 
Comprehensive general liability for bodily injury and property damages, including certification that underground hazards are specifically covered, in an amount not less than $500,000.
(3) 
Comprehensive automobile liability in the amount of $500,000 combined single limit. At least 15 days prior to the expiration of termination date of any of the above policies, the contractor shall deliver to the borough proof of renewal or replacement of the policy.

§ 159-27 Deadline for filling in of septic system; permit; inspection fee.

[Added 8-1-1983 by Ord. No. 357]
Within six months of connecting to the borough sanitary sewer system, the property owner shall cause the old septic tank or cesspool to be filled in accordance with the standards prescribed for such activity by the State of New Jersey Department of Health. Prior to actually filling in the old system, the property owner shall obtain a permit to do so and shall pay an inspection fee to the borough of $15.

§ 159-28 Sewer extensions.

A. 
All extensions of the sewer system shall be by and at the expense of the person making the extension. The applicant for the extension shall submit complete plans and specifications, prepared by a qualified licensed professional engineer, of the extension that is contemplated, along with an application for a sewer extension permit. All costs and expenses incident to the sewer extension shall be borne by the owner, who shall reimburse the borough for the actual costs incident thereto. In addition, there shall be paid the fee provided for in § 159-10 for each house connection.
B. 
No construction work shall be started until the permit is issued. No sewer extension shall be made having a pipe less than eight inches in diameter, and no backfill shall be placed until the work has been inspected by the Superintendent, engineer or authorized inspector.
C. 
Upon completion of construction, as-built or record drawings shall be filed with the Sewer Department.
D. 
All extensions of the sewer system shall be approved by the Mayor and Council prior to issuance of a permit. If the laws, rules and regulations of the New Jersey Department of Environmental Protection require approval of such sewer extensions, this approval shall be obtained by and at the expense of the person making the sewer extension. If construction has not begun, any permit for a sewer extension shall expire at the end of six months from the date of issue. Such permit may be extended by the Mayor and Council for an additional six months if it appears such an extension is in the best interest of the borough.

§ 159-29 Discontinuance of sewer service.

Sewer service may be discontinued for any of the following reasons:
A. 
For the use of the house connection to convey waste or other substances which adversely affect, or may adversely affect, any part of the sewerage system, the treatment and/or handling of the sewage and/or sludge derived therefrom or the waters receiving the effluent after treatment.
B. 
For the discharge of sewage or liquid waste at a rate greater than approved for the connection, if the sewerage system, or any part thereof, cannot safely or properly handle it.
C. 
For failure to maintain the house connection in good order, or for tampering with it, or disturbing the earth adjacent to it, so that prohibited or otherwise deleterious substances can directly or indirectly enter the sewerage system.
D. 
Refusal of access to a property to an inspector bearing proper credentials and identification for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter.
E. 
Nonpayment of charges, fees or reimbursement to the borough of costs, as may have been agreed upon or otherwise required.

§ 159-30 Restoration of service; fee; reimbursement for costs incurred by Borough.

Upon discontinuance of sewer service for any reason set forth in § 159-29, or by reason of request of the owner, service shall be restored upon application thereof and payment of a fee of $60 upon filing of the application for restoration. The owner shall reimburse the borough for all costs incurred by the discontinuance and resumption of the service.

§ 159-31 Notification of existence of vacant building.

Whenever a building having a house connection has been vacant for 60 days, the Sewer Department shall, within 10 days after the expiration of said sixty-day period, be notified that the building has been vacant for such period so that use of the sewer service by that building connection will be discontinued and necessary maintenance thereof be provided for its protection.

§ 159-32 Notification of razing of building.

At least 48 hours before any building having a house connection is razed or abandoned, the Sewer Department shall be so notified and furnished with an adequate description of the ways, means or methods of abandoning and sealing of the house connection(s) thereto. Unless otherwise provided for and approved, the house connection shall be severed, plugged, capped and/or sealed at the curb or easement line. All costs of cutting, plugging, capping and sealing shall be at the expense of the owner.

§ 159-33 Right of entry.

[Amended 12-2-1996 by Ord. No. 96-18]
The Superintendent, Plumbing Inspector and other duly authorized employees of the borough, bearing proper credentials and identification and during normal business hours, unless a time more convenient is requested by the property owner, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter.

§ 159-34 Notice of violation.

Any person who violates any provision of this chapter shall be served by the borough with written notice, stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

§ 159-35 Violations and penalties.

A. 
Any person who continues any violation beyond the time limit provided for in said notice described in § 159-34 above, shall, upon conviction thereof, be punished by a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service no exceeding 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation continues.
[Amended 12-6-1999 by Ord. No. 99-14]
B. 
Any person who violates any provision of this chapter shall be liable to the borough for any expense, loss or damage incurred by the borough by reason of such violation.

§ 159-36 Liens.

All charges, prices, costs, expenses, rents, interest or penalties, or any of them, as established herein, shall be and remain a lien upon the premises served by such sewer connection, the same as all other taxes and municipal charges upon real estate under the laws of the State of New Jersey, for the collection of taxes and other municipal liens upon real estate.

§ 159-37 Illicit connections.

[Added 7-10-2006 by Ord. No. 2006-10]
A. 
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater).
B. 
The Borough reserves the right to use whatever tests are available to determine the existence of illicit connections. It also reserves the right to inspect properties in order to enforce these prohibitions. If a test is used which might cause some discomfort if an illicit connection exists, it shall be recognized that any discomfort, or other effect of the test, is of less value and importance than the effects of such illicit connection on the health, comfort and welfare of the residents of the Borough and, consequently, there shall be no cause for action against the Borough in law or in equity.
C. 
Any person found to have made or caused any such discharge or to have constructed or permitted any illicit connection shall be punished by a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days, or by a period of community service not exceeding 90 days, or by any combination thereof, except the minimum fine shall be $100 per day for each day an unlawful discharge continues beyond the time limit provided for in the notice served by the Borough pursuant to § 159-34 of this chapter. Each day a violation continues shall be deemed a separate offense. In addition, any person who makes or causes such discharges or constructs or permits any illicit connection shall be liable to the Borough for expense, loss or damage incurred by the Borough as a result of such violation, as provided in § 159-35B of this chapter.

§ 159-38 Improper disposal of substances into the storm sewer system.

[Added 7-10-2006 by Ord. No. 2006-11]
A. 
Except as further set forth herein, no person shall spill, dump, dispose of or otherwise discharge fluids or substances other than stormwater in or into the municipal separate storm sewer system, and no person shall handle, store, dispose of or otherwise discharge fluids or substances in such a manner as to cause the discharge of such fluids or substances, other than stormwater, in or into the municipal separate storm sewer system.
B. 
Discharges of the following fluids and substances into the municipal separate storm sewer system are not prohibited:
(1) 
Discharge from waterlines and other potable water sources;
(2) 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps otherwise permitted by this chapter foundation or footing drains, rising groundwaters);
(3) 
Air-conditioning condensate (excluding contact and noncontact cooling water);
(4) 
Irrigation water (including landscape and lawn watering runoff);
(5) 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows;
(6) 
Residential car washing water, and residential swimming pool discharges;
(7) 
Sidewalk, driveway and street wash water;
(8) 
Flows from fire-fighting activities.
C. 
Any person found to have made or caused a prohibited discharge into the municipal separate storm sewer system shall be punished by a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days, or by a period of community service not exceeding 90 days, or a combination thereof, except the minimum fine shall be $100 per day for each day a prohibited discharge continues beyond the time limit provided for in the notice served by the Borough pursuant to § 159-34 of this chapter. Each day a violation continues shall be deemed a separate offense. In addition, any person who makes or causes such discharges shall be liable to the Borough for consequent expense, loss or damage incurred by the Borough as provided in § 159-35B of this chapter.

§ 159-39 Sump pumps.

[Added 10-10-2006 by Ord. No. 2006-8]
A. 
All residential and commercial structures having a storage or habitable area below grade may install there a sump pit and a sump pump upon approval by the Borough plumbing subcode official. All sump pumps shall be installed and inspected in compliance with the plumbing and building codes[1] of the Borough and the requirements of this section. All necessary permits must be obtained and fees paid before installation commences.
[1]
Editor's Note: See Ch. 83, Construction Codes, Uniform.
B. 
A sump pump must discharge through permanent, rigid piping. The sump pump discharge shall be located no less than 10 feet from the building, unless the Borough Engineer determines in advance in a particular case that compliance with this requirement is not practicable and for this reason approves, in writing, an alternative location.
C. 
A sump pump shall not discharge water, either directly or indirectly: into the sanitary sewer system; onto any public right-of-way (sidewalk or roads), unless approved in advance and in writing by the Borough Engineer; or into the municipal separate stormwater sewer system, unless also approved in advance and in writing by the Borough Engineer. In connection with any such advance approvals, the Borough Engineer may require that water be routed to a seepage pit with only the overflow discharging to the public right-of-way or municipal separate stormwater sewer system.
D. 
In connection with required approvals by the Borough Engineer, the person requesting the approval shall deposit funds in escrow with the Borough sufficient to cover the fees and expenses of the Engineer relating to the approval. All approvals by the Borough Engineer shall contain a statement of reasons, and true copies thereof shall be kept on file with the Borough Clerk.
E. 
The Borough reserves the right to use whatever tests are available to determine the existence of illicit connections. It also reserves the right to inspect properties in order to enforce these prohibitions. If a test is used which might cause some discomfort if an illicit connection exists, it shall be recognized that any discomfort, or other effect of the test, is of less value and importance than the effects of such illicit connection on the health, comfort and welfare of the residents of the Borough, and, consequently, there shall be no cause for action against the Borough in law or in equity.
F. 
Any owner or occupant of a property found to have caused or permitted a discharge or to have constructed, installed or permitted the construction or installation of a sump pump in violation of this chapter shall be subject to the fines and penalties set forth in § 159-35, except the minimum fine shall be $100 per day for each day a violation continues beginning on the 14th day from service of notice of the violation. Each day a violation continues shall be deemed a separate offense. In addition, any person who violates this chapter shall be liable to the Borough for expense, loss or damage incurred by the Borough as a result of the violation, as provided in § 159-35B of this chapter.