A.Â
There is hereby established in the Borough a public
sewage disposal system which shall be known and designated as "Chester
Borough Public Sewer System." The Chester Borough Public Sewer System
shall include all public sewer facilities which the Borough may from
time to time construct, acquire, and/or maintain for the purposes
of collection, treatment, and disposal of sewage within the Borough.
All correspondence and administrative business are carried out at
the official office of the Borough, which is as follows:
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Borough of Chester
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300 Main Street
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Chester, New Jersey 07930
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Business hours are: Monday through Friday
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8:00 a.m. to 4:30 p.m.
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B.Â
Operation. The said sewer system shall be operated
by the Borough as a municipal public utility as defined in, and subject
to, the provisions of Title 40 and 40A of the New Jersey Statutes,
and all fees and charges received by the Borough in connection therewith
shall be kept in a fund separate from other Borough resources, to
be used for the purposes of such municipal utility.
C.Â
Service area. The service area of the Chester Borough
Sewer System shall be identified by the tax map lot reference in a
resolution of the Mayor and Council. The service area may, from time
to time, be expanded or modified by resolution of the Mayor and Council.
[Amended 2-4-2002 by Ord. No. 2002-4]
As used in this article, the following words
shall have the following meanings, unless a different meaning clearly
appears from the context:
Any department and/or person within the municipal government
of the Borough of Chester authorized by the Mayor of Chester Borough
to enforce this article.
The annual charge herein imposed for the use and services
of the sewer system upon the owners of the buildings served thereby.
The property owner or property owners; or, if owned by a
corporation, a corporate officer duly authorized to act on behalf
of the corporation; or, if owned by a partnership, the partner(s)
authorized to bind the partnership; or an authorized agent of the
owner, certified to the Borough as such; making application for permission
following review and approval of plans and specifications to connect
to the Borough sanitary sewer system.
A standard for the measurement of the use of, and/or access to, the sewer system, by classification of sewer user, for the purpose of determining the annual service charge, annual use rate, and any other charges applicable to users of the sewer system. The number of units assigned to each classification of sewer user is set forth in § 192-33.
The Borough of Chester, in the County of Morris and State
of New Jersey.
Any structure heretofore or hereafter constructed for human
use, habitation or occupancy, either temporary or permanent.
The extension from the building drain to the branch connection
at the public sewer or other place of disposal.
The quantity of oxygen utilization in the carbonaceous biochemical
oxidation of organic matter under standard laboratory procedure in
five days at 20º Celsius, expressed in milligrams per liter.
[Amended 11-6-2006 by Ord. No. 2006-25]
Each individual building or each part thereof designed to
be used or used by one or more professional business, industrial,
governmental, public, private, religious or charitable users, without
regard to the number of house connections from such buildings to the
sewer system.
When used with respect to a building constructed prior to
the date of the initial operation of the Borough sanitary sewerage
treatment and disposal system, and with respect to a sewer available
to serve said building, shall mean the 120th day next ensuing after
the date of initial operation. When used with respect to a building
constructed after the date of initial operation of the Borough sanitary
sewerage treatment and disposal system, and with respect to a sewer
available to serve said building, shall mean the actual date when
the building was joined to the Borough sanitary sewerage treatment
and disposal system prior to the issuance of a certificate of occupancy
for that building.
The valve or shut-off device on a service line, under the
jurisdiction of the Borough, which can be used to discontinue the
flow of water to the property.
Any person or party, who or which is the recipient of services
from the Borough.
The normal waterborne fluid wastes from residential dwellings,
commercial establishments, institutions and industries, including
the wastes from kitchens, bathrooms, water closets, lavatories and
laundries or other facilities normally associated with personal uses
of residential dwellings.
Each single-family dwelling.
Duplexes on zero lot lines.
Each single unit in a multifamily structure,
including apartments, condominiums and townhouses.
Each mobile home.
For the purpose of these regulations, the sanitary
wastewater generated shall be based upon estimated average usage of
220 gallons per day (gpd) for each dwelling unit.
A right, as a right-of-way, afforded the Borough to make
limited use of a customer's or owner's real property for the installation,
repair and/or replacement of water and/or sanitary sewer facilities.
The consulting professional engineer appointed by the Borough.
A building or structure or any portion of a building or structure
not being used as a dwelling unit, but having a demand on the water
and/or sanitary sewer system equal to that of a single-family dwelling
unit as determined in this chapter.
Each commercial, industrial, professional or
public user whose metered or estimated water consumption does not
exceed 220 gpd.
Where a commercial, industrial, professional
institutional or public user exceeds 220 gpd of water consumption,
then each 220 gallons or portion thereof shall be considered one equivalent
connection (EC).
The Borough reserves the right to impose special
conditions on all users or applicants whose actual or anticipated
water consumption exceeds 220 gpd.
The amount of gallons in an equivalent connection
may from time to time, be reduced, expanded or modified by resolution
of the Mayor and Council.
Those establishments primarily engaged in activities of preparing,
serving or otherwise making available foodstuffs for sale and consumption
and that use one or more of the following preparation activities:
cooking by frying (all methods); baking (all methods); grilling; sauteing;
rotisserie cooking; broiling (all methods); boiling; blanching; roasting;
toasting; or poaching. Also included are infrared heating; searing;
barbecuing; and any other food preparation activity that produces
hot food product. Food establishments shall be synonymous with restaurants,
cafeterias, and institutional kitchens.
[Added 10-21-2003 by Ord. No. 2003-18]
A building or parts thereof used for the preparation, serving
or consumption of food, beverage, or other products used to prepare
a food or beverage.
[Added 2-4-2002 by Ord. No. 2002-4]
The animal and vegetable waste from the preparation, cooking,
and disposing of food and from the handling, storage, and sale of
produce.
Any entity which owns and/or maintains the common areas of
property of a multifamily development, or a business/industrial multiunit
complex.
That part of the lowest horizontal piping of a sewer system
which receives the discharge from waste and other sewer pipes inside
the walls of the building and conveys it to the public sewer.
The wastewater from industrial processes or other commercial
and industrial operations which is distinct from or incompatible with
domestic sewage.
The water entering the sanitary sewer system from the ground,
through such means as, but not limited to, defective pipes, pipe joints,
connections or manhole walls.
The water discharged into the sanitary sewer system from
such sources as, but not limited to, roof leaders, cellars, yard and
area drains, foundation drains, cooling water discharges, surface
drains, manhole covers, storm sewers or catch basins.
The sewer pipe servicing a property of an individual owner
connected to a Borough sewer main, and shall include sewer improvements.
A building with more than one usage type. The wastewater
strength factor for a mixed use shall be the weighted average of the
factors for the usage types within the building based on the floor
areas of the different usage types. (Lobbies, hallways, bathrooms,
utility rooms, stairways, elevators, store rooms, receiving docks
and other areas serving areas of multiple usage types shall be excluded
from the determination, unless in the judgment of the administrative
authority, such areas are integral to and predominantly serve a single
usage type found within the building.) When a portion of a building
may be different usage types either simultaneously or alternatively,
the administrative authority shall consider such portion to be the
usage type with the higher wastewater capacity allocation factor.
[Added 2-4-2002 by Ord. No. 2002-4]
Any outlet, including storm sewers and sanitary sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
A building used for commercial office space by one or more
businesses that do not regularly receive customers in that office.
An office may not include any type of laboratory, food preparation
facility, appliance used for any kind of automatic washing or plumbing
fixture other than sinks, toilets and urinals located in rest room
facilities, lunch rooms or janitor closets.
[Added 2-4-2002 by Ord. No. 2002-4]
The person, corporation, partnership or entity which is the
owner of record of the subject property needing sanitary sewer service.
Any individual, firm, company, association, society, corporation,
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution, and indicates the degree of acidity
or alkalinity of a substance.
Parts per million.
As herein referenced to, shall mean any on-site septic tank,
cesspool, sewage disposal device or subsurface drainage system.
A sewer that carries liquid and water carried sanitary wastes
from residences, commercial buildings, industrial plants, institutions,
and shall mean the Borough owned and operated sewer pipe or conduit
including all mains and laterals, which carry sewage and in which
storm, surface and groundwaters are not permitted, and which shall
be located in public rights-of-way or easements acquired by the Borough.
Laterals under the public sanitary sewer system extend from the main
to the sideline of the public right-of-way or easement within which
it is located.
A common sewer controlled by the Borough.
A building, or each part thereof, designed for or used as
a residence or abode by a single family, without regard to the number
of house connections from such building to the system.
Buildings or parts thereof used in a retail or professional
trade or business in which products (including prepackaged foods)
are sold or services are provided on the premises to customers. Retail
shall not be used for consumption of any food sold on the premises.
Retail may not include any type of laboratory, food-preparation facility,
appliance used for any kind of automatic washing or plumbing fixture
other than sinks, toilets and urinals located in rest rooms or janitor
closets.
[Added 2-4-2002 by Ord. No. 2002-4]
A sewer that carries liquid and water carried sanitary wastes
from residences, commercial buildings, industrial plants, and institutions.
Those buildings or properties designated by the Borough Council
as being within the area to be serviced by the sewer system.
The spent water of a community, also termed "wastewater."
From the standpoint of source, it may be a combination of the liquid
and water carried wastes from residences, commercial buildings, industrial
plants, and institutions, together with any groundwater, surface water,
and/or stormwater that may be present.
Any conduit or pipe designated or used for collection or
disposal of sewage, and shall include all facilities, sewer mains
and appurtenances used in the collection, treatment and disposal of
sewage.
A wastewater-generating user(s) on a single lot or in a building
which is not a single-family detached residence (and secondary buildings,
if any), or all parts thereof, or all customers therein, and which
connect(s) to the sewer system with a single lateral connection which
generate(s) 45,625 gallons or more of sewage for one of the four most
recent billing quarters. The term "significant user" may apply to
other designations, such as commercial user. The following users are
specifically exempt from the testing requirements of the significant
user sampling program: noncommercial buildings used exclusively for
municipal services, religious purposes and low- or moderate-income
public housing, such as Chester Area Senior Housing (CASH).
[Amended 8-20-2001 by Ord. No. 2001-18; 5-5-2003 by Ord. No. 2003-4; 6-21-2005 by Ord. No. 2005-11]
The significant user designation may be removed by resolution
of the governing body, if the user has generated less than 45,625
gallons of sewage per quarter, for each of the most recent four consecutive
billing quarters, as confirmed by the Borough’s wastewater treatment
plant operator or consultant. If such a user subsequently generates
45,625 gallons of sewage or more in any subsequent quarter, the user
shall again be designated as a significant user by the Borough’s
wastewater treatment plant operator or consultant, without further
action by the governing body.
[Added 2-6-2018 by Ord.
No. 2018-01]
Any discharge of water, sewage, or industrial waste which,
in concentration of any given constituent or in quantity of flow,
exceeds, for any period of duration longer than 15 minutes, more than
five times the average twenty-four-hour concentration of flows during
normal operation.
Solids that either float on the surface of, or are in suspension
in, water, sewage, or other liquids and which are removable by laboratory
filtering.
The usage category of the occupant of a building or part
thereof. Usage types shall be residential, office, retail, food service,
mixed use and all other usage.
[Added 2-4-2002 by Ord. No. 2002-4]
A.Â
Prohibitions.
(1)Â
Within the service area, it shall be unlawful for
any person to place, deposit, or permit to be deposited, in any unsanitary
manner upon public or private property, any human or animal excrement,
garbage, or other objectionable waste.
(2)Â
Within the service area, it shall be unlawful to discharge
to any natural outlet or storm sewer any sewerage, wastewater, or
other polluted waters, except where suitable treatment has been provided
in accordance with provisions of this article.
(3)Â
Within the service area, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, package
plant, or other facility intended for, or used for, the disposal of
sewage or wastewater.
B.Â
Connection and use of public sewers required. The
owners of all houses, buildings, or properties used for human occupancy,
employment, recreation, or other purposes, situated within the service
area and abutting on any street, alley or right-of-way in which there
is now located or may, in the future, be located, a public sanitary
sewer of the Borough of Chester, are hereby required, at the owner's
expense, to install suitable toilet facilities therein and to connect
such facilities directly with the public sewer in accordance with
provisions of this article within 120 days after the date of official
notice to do so. No connection shall be made to the system trunk unless
authorized in writing by the administrative authority and a permit
has been issued therefor.
C.Â
Abandonment of private facilities. At such time as
the public sewer becomes available to a property and a connection
is made to the sewer, any septic tanks, cesspools, and similar private
sewage disposal facilities shall be abandoned and filled within 180
days with a suitable material approved by the Chester Borough Board
of Health.
A.Â
Prohibited water discharges. No person shall discharge or cause to be discharged any unpolluted waters, such as storm water, surface water, groundwater, roof runoff, subsurface drainage, swimming pool or pond water, cooling water, foundation or basement sump pump water, or unpolluted industrial process water into any sanitary sewer. Unpolluted waters shall be discharged to such sewers as are specifically designated as storm drains or to a natural outlet approved by the Borough, the administrative authority, or the regulatory board or agency having jurisdiction thereof. The prohibited conduct under this subsection is more fully addressed in § 192-34.2, below, which supplements this subsection.
[Amended 3-18-2014 by Ord. No. 2014-2]
B.Â
Specific prohibitions. No person shall discharge,
cause to be discharged, or permit the discharge of any of the following
described waters or wastes to any public sewers, storm drains, or
natural outlets:
(1)Â
Any liquid or vapor having a temperature higher than
150° Fahrenheit, 65° Celsius, or in excess of that permitted
by pretreatment standards.
(2)Â
Solid or viscous substances in quantities or of such
size as to be capable of causing obstruction to the flow in sewers
or other interference with the proper operation of the sewerage works,
such as but not limited to ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings, entrails and paper
dishes, cups, milk, containers, etc., either whole or ground.
(3)Â
Any waters or wastes having a pH lower than 5.5, or
such other more stringent requirements as may be lawfully imposed
by the Environmental Protection Agency, the Department of Environmental
Protection, or such other governmental authorities having jurisdiction
over the sewer system, or having any other corrosive property capable
of causing damage or hazard to the structure(s), equipment and/or
personnel of the sewer system.
(4)Â
Any waters or wastes having a pH higher than 9.5,
or such other more stringent requirements as may be lawfully imposed
by the Environmental Protection Agency, the Department of Environmental
Protection, or such other governmental authorities having jurisdiction
over the sewer system, or having any other corrosive property capable
of causing damage or hazard to the structure(s), equipment and/or
personnel of the sewer system.
(5)Â
Any gasoline, benzene, naphtha, fuel oil, petroleum
products or other flammable or explosive liquid, solid, or gas.
(6)Â
Any liquid containing oils, fats, wax, or grease (whether
emulsified or not) in excess of 100 mg/L of solvent soluble materials,
or containing substances which may solidify or become viscous at temperatures
between 32 and 150° F. (0° and 65° C.).
(7)Â
Any waters containing toxic or poisonous solids, liquids,
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any waste treatment process,
constitute a hazard to humans or animals, create a public nuisance,
or create a hazard in the receiving waters of the sewer plant.
(9)Â
Wastes containing five-day BOD exceeding an average
greater than 500 parts per million and the BOD by the dichromate method
exceeding an average greater than 700 parts per million.
(10)Â
Wastes containing sulfides exceeding two parts
per million.
(11)Â
Wastes containing any toxic or irritating substances
which will create conditions hazardous to public health and safety.
(12)Â
Wastes combining phenols or orthocreosols in
excess of one-hundredth part per million.
(13)Â
Wastes containing any substance which the Borough
now or hereafter finds to be harmful.
(14)Â
Wastes containing any noxious or malodorous
gas or substance capable of creating a public nuisance.
(15)Â
Wastes containing milk, brewery or distillery
waste in any form.
(16)Â
Any garbage, whether ground or unground. The
installation and operation of any garbage grinder or garbage disposal
within the service area is prohibited.
(17)Â
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the administrative
authority in compliance with applicable state or federal regulations.
(18)Â
Wastes containing unusual concentrations of
inert suspended solids, such as but not limited to fuller's earth,
lime slurries and lime residues, or of dissolved solids, such as but
not limited to sodium chloride and sodium sulfate.
(19)Â
Wastes containing substances which are not amenable
to treatment or reduction by the sewage treatment processes employed,
or are amenable to treatment only to such degree that the sewage treatment
plant effluent cannot meet the requirements of other agencies having
jurisdiction over the discharge.
(20)Â
Any waters or wastes not specifically identified
herein which are prohibited by NJDEP regulations from being so discharged.
(21)Â
Wastes from the preparation, cooking, or dispensing
of food.
(22)Â
Any residues from petroleum storage, refining,
or processing, including, but not limited to, waste fuels, lubricants,
solvents, or paints.
(23)Â
Septage or wastes from septic tanks, cesspools,
or other such sources of sanitary wastes.
(24)Â
Any water added for the purpose of diluting
wastes which would otherwise exceed applicable maximum concentration
limits.
C.Â
Additional prohibited discharges. In addition to those waters and wastes specifically enumerated in Subsection B, the discharge of any waste or substance into any sewer which shall cause or result in the following shall be prohibited:
(1)Â
Chemical reaction, either directly or indirectly,
with the materials of construction that impairs the strength or durability
of any sewer structure.
(2)Â
Mechanical action that will destroy or damage the
sewer structure.
(3)Â
Restricting hydraulic capacity of the sewer structure.
(4)Â
Restricting normal inspection and maintenance of the
sewer structure.
(5)Â
Placing unusual demands of quantity or quality on
the sewage treatment equipment or process, plant or sewers.
(6)Â
Limiting the effectiveness of the sewer treatment
process.
(7)Â
Danger to public health and safety.
(8)Â
Obnoxious conditions inimical to the public interest.
(9)Â
Excessive discoloration, such as but not limited to
dye wastes and vegetable tanning solutions.
(10)Â
Unusual volume of flow or concentration of wastes
constituting slugs as defined herein.
(11)Â
Washings from vehicles of any type.
D.Â
Grease, oil and sand interceptors; maintenance of
interceptors.
(1)Â
Grease interceptors shall be installed by all property
owners of premises wherein a food establishment is located or the
operator of all food establishments at the owner/operator's expense
upon notification by the Borough in writing to make such installation
in accordance with this chapter. All interceptors shall be of a type
and capacity required to remove the grease, oil, or sand and shall
be located as to be readily and easily accessible for cleaning and
inspection.
[Amended 10-21-2003 by Ord. No. 2003-18]
(2)Â
Grease and oil interceptors shall be constructed of
impervious material capable of withstanding abrupt and extreme changes
in temperature. They shall be of substantial construction, watertight,
and equipped with easily removable covers which, when bolted in place,
shall be gas-tight and watertight.
(3)Â
Where installed, all grease, oil and sand interceptors
shall be cleaned and maintained continuously, by the owner of the
premises served, at the owner's or operator's expense to provide efficient
operation at all times. Records of such periodic cleaning and maintenance
shall be forwarded to the administrative authority to confirm compliance.
Interceptors installed in accordance with applicable sections of the
plumbing subcode of the Uniform Construction Code shall be subject
to regular inspection by the administrative authority.
[Amended 10-21-2003 by Ord. No. 2003-18]
(a)Â
Inspection fees. All food establishments shall pay an inspection fee annually as established in Chapter 127, Fees, by January 15 of each year, and such fee per each additional inspection as be required by the administrative authority within 30 days of each such additional inspection.
[Amended 11-6-2006 by Ord. No. 2006-25]
(c)Â
In the event that the Borough’s administrative
authority determines that the property owner/operator of premises
wherein a food establishment is located fails to timely comply with
the grease interceptor inspection and maintenance requirements set
forth hereinabove, the Borough administrative authority may order
cleaning of any grease interceptor at the expense of the property
owner/operator.
[Added 11-6-2006 by Ord. No. 2006-25]
(d)Â
Annual inspection. If at the time of the annual
inspection by the administrative authority it is determined that cleaning
is required to permit a full and complete inspection of any grease,
oil and/or sand interceptor, the administrative authority is hereby
authorized to undertake such necessary cleaning, at the property owner/operator’s
sole cost and expense. All costs and expenses related to such necessary
cleaning shall be paid by the property owner/operator within 30 days.
[Added 4-17-2007 by Ord. No. 2007-6]
(4)Â
In addition to grease traps located immediately after
plumbing fixtures which are sized and installed in accordance with
applicable plumbing code of the Uniform Construction Code, restaurants,
cafeterias, institutional kitchens, and other installations discharging
large quantities of grease, shall utilize an additional grease trap
in accordance with the following standards:
(a)Â
The grease trap shall be installed in a separate
line serving that part of the plumbing system into which the grease
shall be discharged.
(b)Â
The grease trap shall be located close to the
source of the wastewater, where the wastewater is still hot, to facilitate
separation.
(c)Â
A garbage grinder shall not be used when a grease
trap is required.
(d)Â
The following equation shall be used to determine
the minimum size required for grease traps serving restaurants:
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Q = (D) x (HR/2) x (6.25) where:
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Q = size of grease traps in gallons
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D = number of seats in dining area
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HR = number of hours open per day
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(e)Â
The following equation shall be used to determine
the minimum size required for grease traps serving cafeterias and
institutional kitchens:
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Q = (M) x (11.25) x (LF), where:
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Q = size of grease traps in gallons
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M = total number of meals served per day
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LF = loading factor depending on type of facilities
present:
|
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1.0 with dish washing
|
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0.5 without dish washing
|
(f)Â
In no case shall a grease trap serving a restaurant,
cafeteria, or institutional kitchen be smaller than 750 gallons in
capacity.
E.Â
Options of administrative authority on deleterious discharges. If any water or wastes are discharged or are proposed to be discharged into the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsections B or C of this section, and which, in the judgment of the administrative authority may have deleterious effect upon the sewage works, processes equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the administrative authority may:
(1)Â
Reject the wastes;
(2)Â
Require pretreatment to an acceptable condition for
discharge to the public sewers;
(3)Â
Require control over the quantities and rates of discharge;
or
(4)Â
Require payment to cover the added cost of handling and treating the wastes not covered by existing charges under the provisions of § 192-33. Where necessary, the owner of the premises served shall provide, at his expense, such preliminary treatment as may be necessary as determined by the administrative authority and/or the Borough Engineer to improve the quality and/or reduce the quantity of such waste to these limits. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the administrative authority, the Borough Engineer, and of the Department of Environmental Protection of the State of New Jersey, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
F.Â
Maintenance of preliminary treatment facilities. Where
preliminary treatment facilities are provided for any waters or wastes,
they shall be maintained continuously for satisfactory and effective
operation by the owner of the premises served at his expense.
G.Â
Installation of manholes.
[Amended 2-4-2002 by Ord. No. 2002-4]
(1)Â
Where necessary in the opinion of the administrative
authority the Borough Engineer, Borough Consultant or authorized representative,
the owner of any building sewer shall install a suitable control manhole
in the building sewer to facilitate observation, sampling and measurement
of the wastes. Such manholes, when required, shall be accessible and
safely located, and shall be constructed in accordance with plans
approved by the administrative authority, the Borough Engineer, Borough
Consultant or authorized representative. The manhole(s) shall be installed
by the owner of the premises served at his own expense and shall be
maintained by him so as to be safe and accessible at all times.
(2)Â
If the owner of any property in the Borough shall fail to make the installation required by this subsection within the time required, the Borough may proceed to make such connection or installation or cause the same to be made and charge and assess the cost thereof against such property, or revoke the certificate of occupancy for such building and issue a violation pursuant to § 192-30 and assess the penalty provided.
H.Â
Analysis of waters. All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in Subsection B and C, shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Sewage and shall be determined at the control manhole provided for in Subsection G or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewerage works and to determine the existence of hazards to life, limb and property. The particular analysis involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, CBOD and suspended solids analyses will be obtained from twenty-four-hour composites of all outfalls, and the pH will be determined from the periodic grab samples.
[Amended 2-4-2002 by Ord. No. 2002-4; 11-6-2006 by Ord. No.
2006-25]
A.Â
Service of notice to connect.
(1)Â
At those times deemed appropriate, the Borough shall
give notice to the owner of each property within the service area
that connection of the building(s) located on the property to the
sewer system is required. Such notice shall be addressed to the owner
of said property as the name of said owner appears on the last tax
duplicate of the Borough, shall describe property by lot and block
designation as the same appears on the tax map of the Borough and
by the street address if a street address exists, and shall state
that by order of the Borough the owner is required to connect each
building on said property to the sewer system in accordance with the
terms of this section on or before the connection date stated in the
notice with respect to such building. All costs and expenses incidental
to the installation or connection of the building sewer shall be borne
by the owner of the building.
(2)Â
If the owner of any property in the Borough shall
fail to make the installation required by this section within the
time herein required, the Borough may proceed to make such connection
or installation or cause the same to be made and charge and assess
the cost thereof against such property or revoke the certificate of
occupancy for such building.
B.Â
Permit and inspections required for connection.
(1)Â
Within the service area, it shall be unlawful to install any building sewer or to make any connection to the public sewer without first obtaining a building sewer permit; and such installations and connections shall be made under the direction and supervision of the plumbing inspector in the manner hereinafter set forth. A building sewer permit must be obtained before a building permit will be issued with respect to new construction or upon change of building use as defined in § 192-34.1.
[Amended 2-4-2002 by Ord. No. 2002-4]
(3)Â
Applications.
(a)Â
The owner or his agent shall make application
to the Borough on a form furnished by the Borough for such permit.
The permit application shall be supplemented by any plans, specifications,
or other information, and shall be accompanied by the appropriate
application fee, permit fees, inspection fees and performance guaranties.
(b)Â
The purpose of this application procedure is
to provide guidance through an informal review, to applicants concerning:
[1]Â
The current status of water and/or sanitary
sewer mains at or near the proposed project or development;
[2]Â
The status of any future plans to extend utility
services to the particular area, where applicable;
[3]Â
The general construction requirements for extension(s)
to the system(s);
[4]Â
An indication of whether water and/or sanitary
sewer mains serving the area are sufficient to accommodate the proposed
project or development;
[5]Â
Whether an amendment to the Boroughs wastewater
management plan is necessary; and
[6]Â
How the Borough utilities master plan correlates
with the application.
(c)Â
Where the processing of any application involves
special engineering studies or review, there shall be an additional
charge to reimburse the Borough for its actual costs, which shall
be paid before issuance of a permit. A permit may be revoked at any
time for any violation of this section, for violation of any condition
upon which the permit was issued, or for a refusal to allow inspection
by the plumbing inspector, the Borough, the administrative authority,
or any duly authorized officer or employee of the Borough. The issuance
of a permit for connection shall not relieve the owner, his agent,
or anyone presuming to act under the authority of such permit, from
obtaining any additional permits required by law, ordinance, or regulation
for the opening of streets or roads, the construction of buildings,
etc.
(d)Â
Application content: checklist. An application
for final approval of the designs and specifications for water or
sewer improvements shall consist of the following documents, which
shall constitute the application checklist.
[1]Â
A completed application form, as provided by
the Borough Clerk.
[2]Â
Four copies of plans and specifications for
sanitary sewer utilities, signed and sealed by a licensed professional
engineer. Field verification of exact locations of Borough facilities
including elevations are the responsibility of the applicant with
the cooperation of the Borough.
[3]Â
A completed application for a NJDEP CP-1 construction
permit, together with all necessary accompanying documents and endorsements
as required.
[4]Â
A copy of the resolution of the Planning Board
or Zoning Board of Adjustment applicable to the development.
[5]Â
Materials submitted with the initial application
shall further indicate any changes made subsequent to the application
for service, including any changes in supply of water and/or discharges
to the sewer system. Further, it shall specify an estimated time schedule
for completion of the development project.
[6]Â
Copies of approvals from NJDEP, Division of
Water Resources, the Fresh Water Wetlands Regulation Element; NJDOT;
and such other governmental entity having jurisdiction over the project.
[7]Â
CP-1 for sewer extension.
(e)Â
Application fees. The appropriate fee(s) for
an application as outlined in this chapter, together with applicable
permit fees, inspection fees and performance guaranties, shall accompany
each such application. The application fee shall cover all costs of
processing such application including, but not limited to administration,
advertising, transcription, etc., and is not reimbursable.
(f)Â
Application fee: escrow deposit. The application shall be accompanied by an escrow deposit for professional review fees and other applicable fees, as set forth in the Land Use Ordinances of The Borough of Chester § 163-28A through D which is incorporated herein by reference, permit fees, inspection fees and performance guaranties. The application will be considered for informal conceptual review. All professional review fees, including any and all interest, shall be paid as a condition of final approval. Any unexpended balances on escrow deposits, if any, shall be returned to the applicant. Professional review fees in excess of the escrow deposit shall be paid by the applicant as a condition of final approval.
(g)Â
Completeness of application. An application
for service shall be certified as complete once the Borough determines
all the checklist requirements have been met.
(h)Â
Professional and staff review. Prior to rendering
a determination with respect to final approval, there shall be a professional
and staff review of each application which shall consist of (1) a
technical review by the Borough Engineer; (2) a legal review by the
Borough Attorney; and (3) a review by such other experts or consultants
as may be necessitated by the particular project.
[1]Â
As part of the technical review, the following
determinations will be made by the Borough:
[a]Â
The applicability of the Boroughs
sewer allocation policy to the specific application;
[b]Â
Review of the plans and designs
of on-tract improvements as to technical sufficiency; acceptability
of the plans and designs of common use facilities to be conveyed to
the Borough as to technical sufficiency; and
[c]Â
Review for necessity of off-tract
improvements and requirements, if any, for the applicant with regard
to construction and/or contribution of funds towards the construction
of off-tract improvements, as set forth in the Boroughs rules and
regulations.
[2]Â
The legal review may include the preparation
of a developer's agreement setting forth all the terms, duties and
obligations of the developer and the Borough, respectively. Said agreement
shall include provisions setting forth without limitation:
(i)Â
Approval of application. The Borough will thereupon
consider the application and advise the applicant of its decision.
The Borough shall prescribe the terms and conditions upon which the
application will be granted and will require written acceptance or
guarantee of such terms and conditions by the applicant, in the form
of a contract, which must further be confirmed by the Mayor and Council.
Unless otherwise stipulated, all work pertaining to the extension
of or changes in the sewer mains will be done in accordance with this
chapter at the expense of the applicant. Upon completion of the review
of the application, the Borough may approve the application pursuant
to resolution. In its resolution of approval, the Borough, without
limitation, shall:
[1]Â
Grant design approval for the applicable improvements
whether on or off-tract;
[2]Â
Authorize the execution of a developer's agreement,
setting forth the terms and conditions of approval;
[3]Â
Authorize the execution of other applicable
agreements, including agreements for the installation and cost of
on-tract and off-tract improvements (if separate from the developer's
agreement); and
[4]Â
Authorize the endorsement and submittal of the
NJDEP CP-1 applications and all other applicable or necessary permits.
(j)Â
Performance guaranty. As a condition for final
approval, the applicant shall agree to post a performance guaranty
with the Borough with respect to the installation of on-tract and/or
off-tract water and sanitary sewer improvements, permit fees, inspection
fees and performance guaranties.
(k)Â
Preconstruction meeting. Applicants will be
required to schedule and conduct a preconstruction meeting to outline
and submit the following items:
[1]Â
Provide notice to affected parties, including
governmental entities and other utilities.
[2]Â
Provide notice to affected property owners of
commencement of construction activities.
[3]Â
Present performance guaranties for permitted
improvements.
[4]Â
Provide evidence of insurance coverage, including
naming the Borough, Borough consulting engineer, and the Borough Attorney
as additional named insureds.
[5]Â
Provide copies of related permits.
[6]Â
Provide proposed construction schedule.
[7]Â
Provide emergency contacts and phone numbers.
[8]Â
Provide traffic management plan approved by
appropriate state, county, and Borough agencies.
[9]Â
Payment of any outstanding fees due and owing.
[10]Â
Provide shop drawings of all utility
improvement materials and equipment for review and approval by Borough.
[11]Â
Identification of all prime contractors
and subcontractors.
(l)Â
Utilize improvements.
[1]Â
An applicant shall apply in writing to the Borough
for the final inspection, and acceptance of permitted improvements,
and release of any performance guaranties posted in conjunction with
the construction of those improvements. Upon a determination by the
Borough that the improvements constructed are satisfactory, as evidenced
by the presentation of an engineer's certification for the project,
and that there has been full compliance by the developer with the
rules and regulations of the Borough and terms and conditions of the
developer's and other applicable agreements, the Borough will grant
approval to connect to the sanitary sewer systems.
[2]Â
Approvals to connect to the system shall expire
in 12 months from the date of issuance, and shall be subject to compliance
with federal and state statutes and regulations governing such approvals.
The Borough may specify a period shorter than 12 months upon terms
and conditions as it deems appropriate or desirable and in accordance
with sound utility management practices. The connection approvals
shall not be binding on the Borough in the event that a responsible
regulatory agency should impose restrictions upon capacity.
(m)Â
Maintenance guaranties. The applicant shall
be required to post maintenance guaranties with the Borough in accordance
with these rules and regulations.
(n)Â
Payment of outstanding charges, fees and/or
arrears. Certification for water and/or sanitary sewer service shall
not be authorized by the Borough, nor shall the Borough forward any
permit applications to the NJDEP until all charges, fees, escrow deposits,
liens or other arrears, due in connection with the project or development
have been paid, and any maintenance guaranties have been paid or posted
by the applicant, together with all permit fees, inspection fees and
performance guaranties.
(o)Â
Connection permit. The following conditions
must be met prior to obtaining a connection permit to the Borough
sanitary sewer system:
[1]Â
The appropriate connection fee(s) must be submitted
to the Borough together with the cost of related equipment if supplied
and/or installed by the Borough. Connection fees shall be due and
payable to the Borough upon issuance of a building permit by the Borough
construction code official. Applicants for service shall pay the connection
fee in effect at the time the building permit is issued.
[2]Â
The issued connection permit shall constitute
a contract between the Borough and the owner, obliging the owner to
pay to the Borough from the date of issue of the certificate of occupancy
for the structure, the quarterly rates for water and/or sanitary sewer
service as established herein. The Borough reserves its legal and
statutory rights to assert all remedies against the owner of the property,
as well as the customer, in cases where the customer is a party other
than the owner, to receive payment for services rendered.
[3]Â
Connection permits shall be valid for one year
from date of issuance by Borough, may be renewed. Upon renewal of
permits, applicants shall pay any difference between the connection
fee paid at the time of issuance or last renewal and the connection
fee in effect at the time a renewal of the permit is sought.
[4]Â
The Borough shall have the right to enter into
an installment payment agreement for sanitary sewer connection fees
with owners/occupants of residential properties, upon a showing of
good cause. Where approved by the Borough, said connection fee(s)
shall be payable in quarterly installments over not more than five
years at an annual rate of interest which shall be the prime rate
utilized by Citibank on the date of the execution of said agreement
plus an additional 4% per annum, and furthermore shall be assessed
an additional charge in the amount of 1Â 1/2% per month on each
delinquent installment. The debt for unpaid connection fees and the
interest thereon shall be secured by a recordable combination promissory
note and mortgage, in addition to the available statutory remedies
in the nature of municipal property tax liens, upon default of the
obligations of the owner under said agreement. This option is not
available to residential and/or commercial developers of approved
subdivisions.
(5)Â
Permits will expire 90 days after the date of issue,
but will be subject to renewal for an additional 90 days upon the
repayment of the issuance fee.
(6)Â
In the case of a nonresidential building, the Borough
Engineer shall determine the estimated occupancy and estimated daily
water consumption, in gallons, of the building for the purpose of
calculating the connection fee.
(7)Â
Two inspections will be made under each permit, the
first prior to backfilling and the second upon completion of all work.
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 including payment of the fee fixed
herein.
(8)Â
It shall be the duty of the plumbing inspector, when
notified, to inspect the installation of any building sewer to determine
whether the same complies with all the provisions hereof any other
ordinances of the Borough, the enforcement of which is within his
jurisdiction. When the plumbing inspector is satisfied that the installation
complies with the aforesaid requirements, he shall evidence his written
approval on the permit.
(9)Â
Where the building sewer has been extended by the
Borough from the main or lateral to the curb or property line, the
applicant, after securing the sewer permit, shall notify the plumbing
inspector, within 48 hours after the excavation is made and the pipe
is installed and connected, that an inspection is sought. No backfilling
is to be placed prior to inspection by the plumbing inspector.
(10)Â
Where the building sewer has not been extended
by the Borough from the main or lateral to the curb or property line,
the applicant, after securing the sewer permit, shall do all the excavation
required and shall notify the plumbing inspector 24 hours before the
excavation is ready for the installation of the branch connection.
Street opening fees, backfilling, and repaving shall be as required
under the Borough ordinances at the expense of the applicant; and
the applicant shall post a performance bond for the completion thereof
if the work is not done by the Borough in an amount to be determined
by the Borough Engineer.
C.Â
Separate connections. A separate and independent house
connection shall be provided for every building, semidetached building,
and townhouse within the service area.
D.Â
Liability of Borough. The owner of any premises to
which the sewer connection is to be made shall indemnify the Borough
against any claims, liability, loss, or damage that may directly or
indirectly be occasioned by the making thereof.
E.Â
Guarding of excavation. All excavations for sewer
connections shall be adequately guarded with barricades, lights and
any other necessary devices to protect the public from hazard by,
and at the expense of the applicant.
F.Â
Connection specifications. Every connection required
by this section shall be made in accordance with the requirements
of the National Standard Plumbing Code; and every connection required
by this section shall be made in a manner to discharge into said sewer
all sewage originating in the building. Sewer service connections
shall be made into existing lateral sewers. In new construction the
flow lines shall be at least four inches above the basement floor
on the sewer side, except in connection with slab foundations it shall
be eight inches above the footings. On all units a house trap shall
be provided which shall be properly vented to the atmosphere. Old
building sewers may be used in connection with existing buildings
or new buildings only when they are found, upon examination and testing
by the plumbing inspector, to meet all the requirements of this section.
G.Â
Pump or ejector required for certain installations.
In all buildings in which any building drain is too low to permit
gravity flow to the public water sewer, sewage carried by such drain
shall be lifted by a pump or ejector as approved by the plumbing inspector
and discharged into the building sewer.
H.Â
Cleanouts. Cleanouts shall be constructed every 80
feet and at any change in horizontal direction or vertical grade.
Cleanouts shall be constructed on each service connection in back
of the curb and shall consist of PVC Schedule 40 sewer pipe or other
such material as approved by the plumbing inspector.
I.Â
Vertical rise. Any vertical rise in a sewer pipe,
from the main to a structure or from a structure to the main, in excess
of five feet shall be encased in concrete.
J.Â
Backflow prevention. A reduced pressure backflow prevention
valve or device, approved by the plumbing inspector, shall be installed
on each service connection from the Borough water supply system to
buildings with a flushometer toilet or toilets; to mortuaries; to
hospitals and nursing homes; and to any other premises where and upon
which the plumbing inspector determines that an actual or potential
hazard exists to the Borough water supply system from sewage effluent
or other substance by virtue of the nature or use of the premises.
Any such backflow prevention valve or device shall be installed in
a location and manner approved by the plumbing inspector and shall,
at all times, be maintained by the owner of the premises in proper
and satisfactory repair and operating condition.
K.Â
Street and/or sidewalk replacement. All street and
sidewalk material removed or damaged by excavation(s) required in
connection with the construction of said house connection shall be
replaced in accordance with Borough ordinances at the applicant's
expense.
A.Â
Inspections. The administrative authority, by its
duly authorized employees, or employees of NJDEP, U.S. EPA or other
governmental authorities, bearing proper credentials and identification,
and at reasonable hours, shall be permitted to peaceably enter all
properties and premises within the service area for the purpose of
inspection, observation, sampling, and testing pertinent to determine
compliance with all of the provisions of this article.
[Amended 11-6-2006 by Ord. No. 2006-25]
B.Â
Testing requirements for all users except significant
users.
(1)Â
The administrative authority may use any method of
testing to determine compliance with all of the provisions of this
article, including, but not limited to, instantaneous grab samples,
sequential samples, or composite samples. Sequential or composite
samples may be taken over a twenty-four-hour period or any other time
span deemed necessary by the administrative authority to meet the
requirements of a specific situation. The administrative authority
may request information concerning activities or processes which have
a direct bearing on the kind and source of discharge to the wastewater
collection system.
C.Â
Testing requirements for significant users.
(1)Â
Laboratory analyses of wastewater samples shall be
performed in accordance with EPA Guidelines Establishing Test Procedures
for the Analysis of Pollutants (40 CFM, Part 136), published in the
Federal Register, Vol. 41, No. 232, 12-1-1976, and subsequent revisions.
Analysis of those pollutants not covered by the publications referred
to therein shall be performed in accordance with procedures approved
by the administrative authority.
(2)Â
Measurements, tests, and analyses of the characteristics
of wastewater which are required under this section shall be performed
by a qualified laboratory approved by and at the direction of the
administrative authority, and the cost of the required work shall
be borne by the significant user.
[Amended 2-4-2002 by Ord. No. 2002-4]
(3)Â
For each measurement of a sample taken pursuant to
the requirements, the administrative authority shall maintain a record
of the following information:
[Amended 2-4-2002 by Ord. No. 2002-4]
(4)Â
Samples and measurements taken as required shall be
representative of the volume and nature of the monitored discharge.
(5)Â
Wastes shall be analyzed by the administrative authority
for the purpose of determining surcharges. The frequency of the sampling
and analysis shall be based on the volume and quality of wastes discharged
as well as other factors which the administrative authority deems
appropriate.
[Amended 2-4-2002 by Ord. No. 2002-4]
(6)Â
The administrative authority may analyze wastes for
parameters not included herein but which could be significant to the
operation of the Boroughs treatment plant.
[Amended 2-4-2002 by Ord. No. 2002-4]
D.Â
All grease and oil interceptors shall be inspected
by the administrative authority, at least once annually. Owners and/or
operators of grease and oil interceptors shall:
[Added 11-6-2006 by Ord. No. 2006-25[1]]
(1)Â
Provide the administrative authority with copies of
its records of periodic cleaning and maintenance every six months,
on February 1 and July 1 of each year.
(2)Â
Cause its grease and oil interceptors to be emptied
and cleaned immediately prior to each inspection, of which it receives
advance notice from the administrative authority.
(3)Â
Receive notice of any inspection by the administrative
authority requiring a grease and/or oil interceptor to be emptied
and cleaned prior to inspection.
[1]
Editor's Note: This ordinance also renumbered
former Subsections D and E as E and F, respectively.
E.Â
Indemnification. While performing any necessary inspection
or testing on private property in accordance with this section, the
administrative authority shall observe all applicable safety rules,
and the property owner and/or occupant shall be indemnified and held
harmless for any injury, death, loss, damage, or liability claims
resulting from the inspection or testing, except as such may be caused
by the negligence or failure of the owner and/or occupant to maintain
safe conditions or to have caused the injury, death, loss, damage,
or liability claim.
F.Â
Maintenance.
(1)Â
The administrative authority, by its duly authorized
employees bearing proper credentials and identification, and at reasonable
hours, shall be permitted to peaceably enter all properties for the
purpose of maintaining any portion of the sewer system that lies within
any easement upon the property and which it is the duty of the Borough
to maintain.
(2)Â
The maintenance of the building sewer (whether constructed
by the Borough or otherwise) and the building drain shall be the responsibility
of the owner of the property served. Such owner's maintenance responsibility
shall extend from the cleanout nearest the back of the curb through
the building(s).
A.Â
Imposition of fine and/or imprisonment. A violation
of any of the provisions of this article, including a failure to comply
with any order made hereunder, shall be punishable by a fine not to
exceed $2,000, or by imprisonment for a term not exceeding 90 days,
or both. The imposition of one penalty for any violation shall not
excuse the violation or permit it to continue; and all violators shall
be required to correct or remedy such violation(s) or defect(s) within
a reasonable time. When not otherwise specified, each day that prohibited
conditions are maintained shall constitute a separate offense. The
application of the foregoing penalty shall not be held to prevent
the enforced removal of the prohibited conditions.
[Amended 11-6-2006 by Ord. No. 2006-25]
B.Â
Notice. Any person found to be violating any section
shall be served by the administrative authority with written notice
stating the nature of the violation and providing a reasonable time
limit for satisfactory correction thereof. Notice may be served personally
upon the alleged violator or by certified mail, return receipt requested.
The alleged violator shall, within a period of time stated in said
notice, permanently cease all violations. Failure to comply with a
written notice of violation shall constitute a separate violation
of this article.
C.Â
Threat to public health. Where the alleged violation
or condition existing on the premises is of such a nature as to constitute
a threat to the public health, safety, or welfare unless abated without
delay, the administrative authority may either abate the condition
immediately or order the owner, operator, occupant, or tenant to correct
the violation or condition within a period of time not to exceed 48
hours, and upon the failure to do so, the administrative authority
shall abate the condition immediately thereafter.
D.Â
Liability for damages. Any person who violates any
provision of the article shall be liable to the Borough for any expense,
loss, or damage incurred by reason of such violation, including any
inspection, cleaning, repair and/or abatement costs.
[Amended 11-6-2006 by Ord. No. 2006-25]
E.Â
Tampering and vandalism. No person shall maliciously,
willfully, or negligently break, damage, destroy, uncover, deface,
or tamper with any structure, appurtenance, or equipment which is
part of the sewer system of the Borough.
F.Â
Persons liable. Owners and operators shall have all
of the duties and responsibilities as prescribed in this article,
and no owner or operator shall be relieved from any such duty and
responsibility, nor be entitled to defend against any charge of violation
hereof, by reason of the fact that an occupant or tenant is responsible
therefor and in violation hereof. Tenants or occupants shall not be
relieved from any such duty and responsibility nor be entitled to
defend against such charge of violation hereof, by reason of the fact
that the owner or operator is responsible therefor and in violation
hereof.
G.Â
Prosecution. Violations of any provisions of this
article may be prosecuted by the service of a summons by the administrative
authority upon the violator, commanding such violator to appear in
the Municipal Court of the Borough.
A.Â
Discontinuance of service. Sewer service may be discontinued
for any of the following reasons:
(1)Â
For the use of the house connection to convey waste
or other substances which adversely affect, or may adversely affect,
any part of the sewer system, the treatment and/or handling of the
sewage and/or sludge derived therefrom, or the waters receiving the
effluent after treatment;
(2)Â
For the discharge of sewage or liquid waste at a rate
greater than approved for the connection, if the sewer system or any
part thereof cannot safely or properly handle it;
(3)Â
For failure to maintain the house connection in good
order, or for tampering with or disturbing the earth adjacent to it,
so that prohibited or otherwise deleterious substances can directly
or indirectly enter the sewer system;
(4)Â
For refusing to allow an inspector bearing proper
credentials and identification to access the property for the purpose
of inspection, observation, measurement, sampling, or testing, in
accordance with the provisions of this article; or
(5)Â
For the nonpayment of any charges, fees, or reimbursement
to the Borough of any costs, as the same may have been agreed upon
or otherwise required.
B.Â
Restoration of service cost. Upon discontinuance of
sewer system service for any reason set forth above, or by reason
or request of the owner, service shall be restored upon application
therefor and payment by the applicant or owner of a fee to the Borough.
Said fee shall be paid upon filing of the application for restoration
of service, and the fee shall be equal to the total of all costs incurred
by the Borough for the discontinuance and resumption of service, plus
10% representing administrative fees.
C.Â
Preparation prior to abandoning house connection.
At least 48 hours before any building having a house connection is
razed or abandoned, the Borough 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) thereof. Unless otherwise provided
for and approved, the house connection(s) 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.
D.Â
Promulgation of additional rules and regulations.
The Borough, through the Borough Council or such other department
or division as may be charged with supervision and control of the
sewer system, shall promulgate such other rules and regulations as
may be reasonably required for the efficient operation, maintenance
and usage of the sewer system.
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 the sewer system,
the same as all other taxes and municipal charges upon real estate
under the laws of the State of New Jersey. The Borough shall have
the same remedy for the collection thereof as it has now (or may hereafter
have under the laws of the State of New Jersey) for the collection
of taxes and other municipal liens upon real estate in the Borough.
A.Â
Rates established. There be and there is hereby established rates or charges for the use and service of the sewer system of the Borough. Such rates or charges shall be based upon the amount of water consumed by a user as shown by the water meter readings for each quarter of each calendar year. All users of the system shall be charged for each of the four quarters of the calendar year the rates hereinafter set out based on the water meter readings for each quarter, as shown in the schedule established in Chapter 127, Fees, of the Borough Code.
B.Â
The minimum fee shall be charged to any property owner
and/or user in the service area during any billing quarter in which,
as to that property owner/user, there is either (1) no usage of the
system or (2) the usage of the system by that property owner/user
results in a billable amount that is less than the minimum quarterly
fee. The minimum fee shall be the minimum quarterly rate for all users
including the users for less than a quarterly period.
C.Â
The minimum quarterly fee and the per gallon fee may
be modified from time to time by resolution of the Mayor of the Council
and shall be subject to increase or decrease.
D.Â
Fees shall be payable quarterly. Each statement for
user fees shall be due and payable within 30 days of receipt by the
user.
E.Â
In all cases in which users of said system are not
supplied with water from the municipal system, users, at the user's
expense, shall install and maintain in accordance with standards set
forth by the authority and in compliance with any applicable plumbing
code regulations a remote-read water meter upon the user's water source.
Any lot or lots within the service area containing more than one building
and/or unit serviced by the system and which service is charged on
the basis of the actual volume of wastewater generated by that user,
shall provide one water meter for each building.
F.Â
Lien. Charges for unpaid sewerage service shall constitute a lien upon the real estate for which such service is supplied, in accordance with § 192-32.
G.Â
Person responsible for payment. The rates and charges
herein established shall be collected from the owners, occupants and
users of the premises within said Borough from and after the effective
date of this chapter.
H.Â
Compliance with regulations. All sewer pipes and connections
shall comply with and be installed in accordance with the provisions
of the requirements of the BOCA Basic Building Code, published by
the Building Officials and Code Administrators International, 4051
W. Flossmoor Road, Country Club Hills, Illinois 60477. Provided, however,
that if any of these provisions are in conflict with any existing
Borough ordinance, the Borough ordinance shall prevail.
I.Â
Service connections. A service connection charge (tap-in
fee) shall be paid before any sewer connection is completed. Before
such connection is made, a permit must be secured and 24 hours' notice
given to the Superintendent of Public Works. All such connections
shall be made and all shall be made and all such work done at the
expense of the applicant who shall also furnish materials necessary
for such work, all such connections shall be made under the supervision
of the Superintendent of Public Works and no connection shall be covered
until the work has been inspected by him. Applications for such connections
shall be made to the Borough Clerk, and the permit fee be paid. Such
fee shall be that which is set forth from time to time by the Borough
Council.
J.Â
Significant user surcharge.
[Amended 11-6-2006 by Ord. No. 2006-25; 12-5-2017 by Ord. No. 2017-09]
(1)Â
Calculation of surcharge.
(a)Â
The surcharge for treating wastewater with constituent concentrations
in excess of the applicable thresholds shall be computed as follows,
based on twenty-four-hour composite sampling performed quarterly by
the Borough and the weighted average of the four most recent quarters:
[1]Â
Carbonaceous biochemical oxygen demand (CBOD): CBOD concentration
(milligrams per liter, or mg/L) minus CBOD threshold (250 mg/L) times
8.345 times (flow in millions of gallons per day) times CBOD surcharge
rate.
[2]Â
Total suspended solids (TSS): TSS concentration (milligrams
per liter, or mg/L) minus TSS threshold (250 mg/L) times 8.345 times
(flow in millions of gallons per day) times TSS surcharge rate.
[3]Â
Oil and grease (O&G): O&G concentration (milligrams
per liter, or mg/L) minus O&G threshold (50 mg/L) times 8.345
times (flow in millions of gallons per day) times O&G surcharge
rate.
(b)Â
Any computation yielding a negative value shall be disregarded.
The charge for the billing period shall be computed by adding together
the daily surcharges and then multiplying this total by the number
of days in the billing period.
(3)Â
Revision of rates. The rates of surcharge shall be reviewed annually
by the Borough to determine whether or not they are sufficient to
defray the fixed charges, amortization costs and annual cost of operation
of the wastewater treatment.
K.Â
Significant user credit. All significant users after
the effective date of this chapter shall have the interior supply
plumbing so configured that the supply line to any water consumption
device which does not discharge into the system is separated from
all other water supply lines and provision made for the installation
of a secondary meter measuring the amount of water flowing to other
than the system. The secondary meter shall be read quarterly, and
a credit shall be given on the sewer charge for that quarter for the
amount of water which has passed to other than the system. No credit
shall be allowed hereunder in the event that the water flowing through
said secondary meter ultimately is disposed of in the system.
A.Â
Execution of agreement regarding sewer and water systems.
The Borough Mayor is hereby authorized pursuant to the provisions
of N.J.S.A. 40:63-1, 40A:12-3 and 5 and 40:55D-53 and otherwise to
execute an agreement entitled "Developer's Agreement Regarding Sewer
and Water Systems," a copy of which is on file with the Clerk of the
Borough of Chester and available for inspection.
B.Â
Issuance of bonds to fund sewage treatment plant.
The treasurer is hereby directed to take steps to forthwith provide
for the preparation of an ordinance of the Borough of Chester to issue
bonds in sufficient amount to provide the sum of $400,000 to fund
acquisition of said sewage treatment plant.
C.Â
Extension of sewer lines and services to downtown
area of Borough. The Borough of Chester through the Borough Engineer,
Borough Auditor, Borough Attorney, and Borough bond counsel shall
forthwith take steps to design, estimate costs of construction, bond
for construction, acquire property, contract for construction, and
take all steps necessary to forthwith extend sewer lines and services
to the "downtown" area of the Borough as a local improvement.
[Added 2-4-2002 by Ord. No. 2002-4]
A.Â
In the case of a change in the type of building or
building use on an existing lot within the sewer service area, the
applicant must receive approval from the governing body confirming
the allocated sewer capacity and available capacity for the intended
change in use. The allocated capacity will be determined based on
the number of equivalent connections assigned to the property upon
the establishment of the Borough sewer utility. The governing body
will assign the number of equivalent connections for any lot and block
not assigned a capacity upon the establishment of the Borough sewer
utility, based upon existing use and standard and recorded flow valued.
Once the original allocation is obtained, any change in use shall
require a recalculation of the allocated capacity based on wastewater
strength of the proposed discharge. The following ratios should be
applied depending on the potential use:
|
Use
|
Factor
|
|---|---|
|
Residential
|
1.0
|
|
Office
|
1.4
|
|
Food Service
|
2.0
|
|
Retail
|
1.4
|
|
Other
|
2.0
|
B.Â
For other use, a factor of 2.0 shall be applied unless
the applicant can prove that the factor to be applied should be reduced
subject to approval by the administrative authority. In no event shall
the applicable factor be reduced to less than 1.4.
C.Â
Flow calculations, as it pertains to changes in building
use, shall apply to current NJDEP standards (N.J.A.C. 7A:14-23.3(a)
Projected Flow Criteria). The allocated capacity and calculated flows
will be utilized to determine building size and capacity.
[Added 3-18-2014 by Ord. No. 2014-2]
A.Â
Legislative intent. The Mayor and Council of the Borough of Chester
hereby declare their intent to prevent any groundwaters, surface waters,
and any other non-sanitary-sewerage water from entering the Chester
Sanitary Sewer System by means of sump pumps, storm drains, gutters,
downspouts, or any other devices and to provide specific penalties
for the violation of same.
B.Â
Duties of Construction Official. Whenever it is necessary for a property
owner to obtain any building permit, zoning permit, certificate of
occupancy or a continued certificate of occupancy and/or there is
a transfer of any ownership of any residence or commercial building
or structure, the Construction Official shall, within 10 days, excluding
weekends or holidays, of receipt of any permit or certificate application,
inspect or caused to be inspected by a subcode official the subject
premises in order to determine whether any sump pumps, storm drains,
gutters, downspouts, or other mechanical devices are discharging any
waters into the sanitary sewer system. In the event that the Construction
Official or the designated subcode official determines that there
is such discharge, no permit or certificate shall be issued to the
owner or possessor of said property until said condition is removed.
Upon the inspection of such building or structure, the Construction
Official or the designated subcode official shall file an appropriate
affidavit indicating that said inspection has been made, and he/she
shall file same with the Borough Clerk.
C.Â
Connections prohibited.
(1)Â
No person shall connect a sump pump, storm drain, gutter, downspout,
or any other mechanical or nonmechanical device which shall discharge
non-sanitary-sewage waters into the sanitary sewer system of the Borough
of Chester.
(2)Â
No commercial building shall be constructed unless all roof
leaders are connected directly to a storm drain system or a dry well,
and in no event shall they be connected to the sanitary sewer system
of the Borough of Chester.
(3)Â
In the event any owner of property applies for a building permit
to enlarge an existing building or to construct an additional building
on his property, then in that event, prior to a certificate of occupancy
being issued, all roof drains on the property that are presently connected
to the sanitary sewer system must be disconnected and connected to
either a dry well and/or the storm drain system of the municipality.
(4)Â
The Construction Official shall issue a permit for said repair
or reconstruction upon the applicant satisfying the provisions of
this section.
(5)Â
Upon completion of the work the Construction Official, or his
designee, shall reinspect the work in order to determine whether or
not the conditions of this section have been fulfilled.
D.Â
Violations. In the event that the owner of real property in the Borough
of Chester violates any subsection of this section, the Construction
Official shall be empowered to give notice to the property owner of
the violation of same, and the same shall be corrected within 30 days
of receipt thereof. In the event that the property owner fails to
comply with the order of the Construction Official, the property owner
shall be determined to be in violation of this section.
E.Â
Right to enter upon lands. For the purpose of administering and enforcing
this section, the Borough Construction Official, or its designee,
shall have the right to enter into and upon any lands for which an
application has been filed and may examine and inspect such lands,
buildings and structures located thereon.
F.Â
Enforcement officer. The Construction Official or its designee is
hereby designated as the enforcement officer.
