Borough of Chester, NJ
Morris County
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Table of Contents
Table of Contents
A. 
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:
Borough of Chester
300 Main Street
Chester, New Jersey 07930
Business hours are: Monday through Friday
8:00 a.m. to 4:30 p.m.
B. 
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. 
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:
ADMINISTRATIVE AUTHORITY
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.
ANNUAL SERVICE CHARGE
The annual charge herein imposed for the use and services of the sewer system upon the owners of the buildings served thereby.
APPLICANT
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.
BASIC SERVICE UNIT
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.
BOROUGH
The Borough of Chester, in the County of Morris and State of New Jersey.
BUILDING
Any structure heretofore or hereafter constructed for human use, habitation or occupancy, either temporary or permanent.
BUILDING SEWER
The extension from the building drain to the branch connection at the public sewer or other place of disposal.
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND
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]
COMMERCIAL USER
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.
CONNECTION DATE
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.
CURB STOP
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.
CUSTOMER
Any person or party, who or which is the recipient of services from the Borough.
DOMESTIC SEWAGE
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.
A. 
Each single-family dwelling.
B. 
Duplexes on zero lot lines.
C. 
Each single unit in a multifamily structure, including apartments, condominiums and townhouses.
D. 
Each mobile home.
E. 
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.
EASEMENT
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.
ENGINEER
The consulting professional engineer appointed by the Borough.
EQUIVALENT CONNECTION (EC)
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.
A. 
Each commercial, industrial, professional or public user whose metered or estimated water consumption does not exceed 220 gpd.
B. 
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).
C. 
The Borough reserves the right to impose special conditions on all users or applicants whose actual or anticipated water consumption exceeds 220 gpd.
D. 
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.
FOOD ESTABLISHMENT
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]
FOOD SERVICE
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]
GARBAGE
The animal and vegetable waste from the preparation, cooking, and disposing of food and from the handling, storage, and sale of produce.
HOMEOWNERS ASSOCIATION
Any entity which owns and/or maintains the common areas of property of a multifamily development, or a business/industrial multiunit complex.
HOUSE CONNECTION
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.
INDUSTRIAL WASTE
The wastewater from industrial processes or other commercial and industrial operations which is distinct from or incompatible with domestic sewage.
INFILTRATION
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.
INFLOW
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.
LATERAL
The sewer pipe servicing a property of an individual owner connected to a Borough sewer main, and shall include sewer improvements.
MIXED USE
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]
NATURAL OUTLET
Any outlet, including storm sewers and sanitary sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
OFFICE
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]
OWNER
The person, corporation, partnership or entity which is the owner of record of the subject property needing sanitary sewer service.
PERSON
Any individual, firm, company, association, society, corporation, or group.
PH
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.
PPM
Parts per million.
PRIVATE SEWAGE DISPOSAL SYSTEM(S)
As herein referenced to, shall mean any on-site septic tank, cesspool, sewage disposal device or subsurface drainage system.
PUBLIC SANITARY SEWER 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.
PUBLIC SEWER
A common sewer controlled by the Borough.
RESIDENTIAL USER
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.
RETAIL
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]
SANITARY SYSTEM
A sewer that carries liquid and water carried sanitary wastes from residences, commercial buildings, industrial plants, and institutions.
SERVICE AREA
Those buildings or properties designated by the Borough Council as being within the area to be serviced by the sewer system.
SEWAGE
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.
SEWER
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.
SIGNIFICANT USER
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]
A. 
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]
SLUG
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.
SUSPENDED SOLIDS
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.
USER TYPE
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. 
Prohibitions.
(1) 
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) 
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) 
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. 
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. 
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. 
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. 
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) 
Any liquid or vapor having a temperature higher than 150° Fahrenheit, 65° Celsius, or in excess of that permitted by pretreatment standards.
(2) 
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) 
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) 
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) 
Any gasoline, benzene, naphtha, fuel oil, petroleum products or other flammable or explosive liquid, solid, or gas.
(6) 
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) 
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.
(8) 
Wastes containing chlorine demand, exceeding an average greater than 20 parts per million.[1]
[1]
Editor's Note: Former Subsections B(8) and B(9) were deleted 11-6-2006 by Ord. No. 2006-25, which ordinance also renumbered the remaining items in the subsection.
(9) 
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) 
Wastes containing sulfides exceeding two parts per million.
(11) 
Wastes containing any toxic or irritating substances which will create conditions hazardous to public health and safety.
(12) 
Wastes combining phenols or orthocreosols in excess of one-hundredth part per million.
(13) 
Wastes containing any substance which the Borough now or hereafter finds to be harmful.
(14) 
Wastes containing any noxious or malodorous gas or substance capable of creating a public nuisance.
(15) 
Wastes containing milk, brewery or distillery waste in any form.
(16) 
Any garbage, whether ground or unground. The installation and operation of any garbage grinder or garbage disposal within the service area is prohibited.
(17) 
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) 
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) 
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) 
Any waters or wastes not specifically identified herein which are prohibited by NJDEP regulations from being so discharged.
(21) 
Wastes from the preparation, cooking, or dispensing of food.
(22) 
Any residues from petroleum storage, refining, or processing, including, but not limited to, waste fuels, lubricants, solvents, or paints.
(23) 
Septage or wastes from septic tanks, cesspools, or other such sources of sanitary wastes.
(24) 
Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limits.
C. 
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) 
Chemical reaction, either directly or indirectly, with the materials of construction that impairs the strength or durability of any sewer structure.
(2) 
Mechanical action that will destroy or damage the sewer structure.
(3) 
Restricting hydraulic capacity of the sewer structure.
(4) 
Restricting normal inspection and maintenance of the sewer structure.
(5) 
Placing unusual demands of quantity or quality on the sewage treatment equipment or process, plant or sewers.
(6) 
Limiting the effectiveness of the sewer treatment process.
(7) 
Danger to public health and safety.
(8) 
Obnoxious conditions inimical to the public interest.
(9) 
Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions.
(10) 
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
(11) 
Washings from vehicles of any type.
D. 
Grease, oil and sand interceptors; maintenance of interceptors.
(1) 
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) 
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) 
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) 
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]
(b) 
Penalty. Violations of the provisions of this article shall be punishable pursuant to §§ 1-17 through 1-20 of Chapter 1, General Provisions, of the Borough Code. Each day that a violation exists shall be treated as a separate offense rather than a continuing violation.
(c) 
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) 
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) 
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) 
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) 
The grease trap shall be located close to the source of the wastewater, where the wastewater is still hot, to facilitate separation.
(c) 
A garbage grinder shall not be used when a grease trap is required.
(d) 
The following equation shall be used to determine the minimum size required for grease traps serving restaurants:
Q = (D) x (HR/2) x (6.25) where:
Q = size of grease traps in gallons
D = number of seats in dining area
HR = number of hours open per day
(e) 
The following equation shall be used to determine the minimum size required for grease traps serving cafeterias and institutional kitchens:
Q = (M) x (11.25) x (LF), where:
Q = size of grease traps in gallons
M = total number of meals served per day
LF = loading factor depending on type of facilities present:
1.0 with dish washing
0.5 without dish washing
(f) 
In no case shall a grease trap serving a restaurant, cafeteria, or institutional kitchen be smaller than 750 gallons in capacity.
E. 
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) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) 
Require control over the quantities and rates of discharge; or
(4) 
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. 
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. 
Installation of manholes.
[Amended 2-4-2002 by Ord. No. 2002-4]
(1) 
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) 
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. 
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. 
Service of notice to connect.
(1) 
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) 
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. 
Permit and inspections required for connection.
(1) 
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]
(2) 
Sewer permits shall be of five classes as defined herein:
[Amended 2-4-2002 by Ord. No. 2002-4]
(a) 
Residential uses;
(b) 
Office uses;
(c) 
Food service;
(d) 
Retail use; and
(e) 
Other uses.
(3) 
Applications.
(a) 
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) 
The purpose of this application procedure is to provide guidance through an informal review, to applicants concerning:
[1] 
The current status of water and/or sanitary sewer mains at or near the proposed project or development;
[2] 
The status of any future plans to extend utility services to the particular area, where applicable;
[3] 
The general construction requirements for extension(s) to the system(s);
[4] 
An indication of whether water and/or sanitary sewer mains serving the area are sufficient to accommodate the proposed project or development;
[5] 
Whether an amendment to the Boroughs wastewater management plan is necessary; and
[6] 
How the Borough utilities master plan correlates with the application.
(c) 
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) 
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] 
A completed application form, as provided by the Borough Clerk.
[2] 
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] 
A completed application for a NJDEP CP-1 construction permit, together with all necessary accompanying documents and endorsements as required.
[4] 
A copy of the resolution of the Planning Board or Zoning Board of Adjustment applicable to the development.
[5] 
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] 
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] 
CP-1 for sewer extension.
(e) 
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) 
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) 
Completeness of application. An application for service shall be certified as complete once the Borough determines all the checklist requirements have been met.
(h) 
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] 
As part of the technical review, the following determinations will be made by the Borough:
[a] 
The applicability of the Boroughs sewer allocation policy to the specific application;
[b] 
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] 
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] 
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:
[a] 
An allocation agreement with respect to the gallonage obtained;
[b] 
The requirements for on-tract improvements; and
[c] 
The requirements for off-tract improvements including terms of payment of impact fees and/or contribution of in-kind construction, if any.
(i) 
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] 
Grant design approval for the applicable improvements whether on or off-tract;
[2] 
Authorize the execution of a developer's agreement, setting forth the terms and conditions of approval;
[3] 
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] 
Authorize the endorsement and submittal of the NJDEP CP-1 applications and all other applicable or necessary permits.
(j) 
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) 
Preconstruction meeting. Applicants will be required to schedule and conduct a preconstruction meeting to outline and submit the following items:
[1] 
Provide notice to affected parties, including governmental entities and other utilities.
[2] 
Provide notice to affected property owners of commencement of construction activities.
[3] 
Present performance guaranties for permitted improvements.
[4] 
Provide evidence of insurance coverage, including naming the Borough, Borough consulting engineer, and the Borough Attorney as additional named insureds.
[5] 
Provide copies of related permits.
[6] 
Provide proposed construction schedule.
[7] 
Provide emergency contacts and phone numbers.
[8] 
Provide traffic management plan approved by appropriate state, county, and Borough agencies.
[9] 
Payment of any outstanding fees due and owing.
[10] 
Provide shop drawings of all utility improvement materials and equipment for review and approval by Borough.
[11] 
Identification of all prime contractors and subcontractors.
(l) 
Utilize improvements.
[1] 
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] 
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) 
Maintenance guaranties. The applicant shall be required to post maintenance guaranties with the Borough in accordance with these rules and regulations.
(n) 
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) 
Connection permit. The following conditions must be met prior to obtaining a connection permit to the Borough sanitary sewer system:
[1] 
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] 
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] 
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] 
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 1 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.
(4) 
Permit fees shall be as established in Chapter 127, Fees.
(5) 
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) 
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) 
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) 
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) 
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) 
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. 
Separate connections. A separate and independent house connection shall be provided for every building, semidetached building, and townhouse within the service area.
D. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
Testing requirements for all users except significant users.
(1) 
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. 
Testing requirements for significant users.
(1) 
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) 
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) 
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]
(a) 
The date, exact place, and time of sampling;
(b) 
The date the analyses were performed;
(c) 
The person(s) who performed the analysis;
(d) 
The analytical techniques or methods used; and
(e) 
The results of all required analyses.
(4) 
Samples and measurements taken as required shall be representative of the volume and nature of the monitored discharge.
(5) 
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) 
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. 
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) 
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) 
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) 
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. 
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. 
Maintenance.
(1) 
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) 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
Discontinuance of service. Sewer service may be discontinued for any of the following reasons:
(1) 
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) 
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) 
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) 
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) 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
Fees shall be payable quarterly. Each statement for user fees shall be due and payable within 30 days of receipt by the user.
E. 
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. 
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. 
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. 
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. 
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. 
Significant user surcharge.
[Amended 11-6-2006 by Ord. No. 2006-25; 12-5-2017 by Ord. No. 2017-09]
(1) 
Calculation of surcharge.
(a) 
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] 
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] 
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] 
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) 
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.
(2) 
Rates of surcharge. The rates of surcharge for each of the previously described constituents shall be as follows:
(a) 
For CBOD: $5.19 per pound.
(b) 
For TSS: $0.31 per pound.
(c) 
For O&G: $3.17 per pound.
(3) 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
Connections prohibited.
(1) 
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) 
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) 
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) 
The Construction Official shall issue a permit for said repair or reconstruction upon the applicant satisfying the provisions of this section.
(5) 
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. 
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. 
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. 
Enforcement officer. The Construction Official or its designee is hereby designated as the enforcement officer.
G. 
Penalties. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to those penalties set forth in Chapter 1, Article III (General Penalty), of the Chester Borough Code.