Borough of Washington, NJ Article III Sewer Use

§ 70-7 Applicability.

No person shall make any direct or indirect connection to or use of the system or the storm sewers of the Borough of Washington without complying with the requirements of this chapter.

§ 70-8 Rules and regulations.

The Borough Council may, upon recommendation of the Borough Manager, by resolution, promulgate such rules and regulations as it deems reasonably necessary to secure the proper enforcement of this chapter and the proper administration and operation of the system.

§ 70-9 Connections required; sewer connection permit.

A. All new dwellings and other buildings or structures required or permitted to install sanitary facilities shall connect to the system. All existing dwellings or other buildings or structures currently relying on on-site septic tanks or other private waste disposal systems need not connect to the system unless the Mayor and Council determine, after notice and hearing, that public health, safety and welfare require connection to the system. In the event that the owner fails to connect within 180 days after being notified in writing by the Borough to do so, the Borough may make such on-premises connection and assess the costs thereof against the owner in accordance with law and in accordance with the procedures as set forth hereinafter.

B. Prior to connecting to the system, the owner or system user shall obtain a permit to do so from the Borough Manager, shall comply with all regulations applicable to connections and pay all fees in connection therewith.

C. All connections to the system must be designed and constructed in accordance with Borough standards, good engineering practices and applicable law.

D. Applications for a permit to connect into, directly or indirectly, the system shall be obtained from and submitted to the Director of Public Works.

E. The applicant shall state the location of the proposed tap, the street address of the property which is to be served by the connection and the estimated number of EDUs it shall serve. For purposes of this article, EDUs shall be as defined in this chapter[1] and shall be estimated by the applicant subject to review and approval by the Borough.

[1] Editor's Note: See § 70-28, Establishment of sewer service charge; review of charges.

F. Applications shall be reviewed by the Director of Public Works who, at his/her discretion, may require the approval of the Borough and/or Sanitary Engineer or the Supervisor of Sanitation prior to authorization for a permit.

G. Upon receipt of the proper permits, including a street opening permit, the applicant may proceed but must notify the appropriate Borough official so that a Borough representative is present to make or supervise the making of the tap into the system.

§ 70-10 Costs to be borne by owner; maintenance and responsibility.

A. All costs and expenses incident to the installation and connection of the service connection to the system shall be borne by the owner. The system user may pay these costs on behalf of the owner.

B. The maintenance of the service connection shall be the responsibility of the owner but may be performed by the system user.

C. The owner shall indemnify the Borough from any loss or damage that may, directly or indirectly, be occasioned by the installation and connection of the service connection to the system or arising from any improper use thereof by the system user.

§ 70-11 Failure of owner to install facilities or make connection; work done by Borough; charges.

A. If after the expiration of 180 days from the date of official notification the owner of any property affected by the provisions of this chapter has failed to connect to the system and/or to make such connection as required herein, after receiving official notice requiring such action as hereinbefore provided, the Borough may, upon 30 days' written notice to the owner or owner's agent, cause such installation or connection to be made under the direction and supervision of the Manager or his/her designee or award one or more contracts for the making of such improvements to any persons who are licensed plumbers in the State of New Jersey authorized to perform work on sanitary sewers.

B. When any such connection shall be made by the Borough, a true and accurate account of the cost and expense shall be kept and apportioned to the property or properties thereby connected, and a true statement of such costs shall be forthwith filed by the officer of the municipality in charge of such connection or installation with the Clerk of the governing body. The governing body shall examine the same and, if properly made, shall confirm it and file such statement with the officer of the municipality charged with the duty of collecting taxes. Said officer shall record the connection or installation charge in the same book in which said officer records sidewalk and other assessments.

C. Each such connection or installation charge shall be a first lien or charge against the property benefited therefrom. Interest upon the amount so charged shall accrue as provided by N.J.S.A. 40A:26A-12. Liens levied in accordance with this section shall be enforceable in the manner provided for real property tax liens in Chapter 5 of Title 54 of the Revised New Jersey Statutes.

§ 70-12 Permitted wastes.

Except as permitted elsewhere in this chapter, the system shall be used only for the discharge of domestic wastewater, such as fluid refuse from sinks, bath and house laundry tubs, showers, baths and urinals, wastes from toilets and such other waste as the Mayor and Council shall from time to time authorize by ordinance to enter said sewer system.

§ 70-13 Appeals.

A. Any system user shall have the right to appeal to the Mayor and Council any decision or action taken pursuant to this chapter, provided that the system user shall file a written appeal within 45 days of the decision or action.

B. All appeals shall be commenced by filing a written notice of appeal filed with the Clerk within the time specified herein. A hearing shall be held by the Mayor and Council within 45 days of the filing of the appeal. A final decision shall be made within 45 days of the conclusion of the hearing or adjourned hearing. No appeal will be considered unless at least 75% of any charges appealed from have been paid by the system user. In the event that the party appealing is not the owner, the consent of the owner shall be affixed to the written notice of appeal.

C. The party appealing shall bear the burden of proof.

D. Any engineering, legal, auditing or services provided by Borough professionals or outside vendors incurred by the Borough to evaluate such appeal shall be the responsibility of the party appealing, and the Borough may request, as a condition of hearing the appeal, that the party appealing deposit in escrow a reasonable amount necessary to cover said fees or costs. The Manager may waive the escrow requirement if he or she determines that minimal or no professional fees will be incurred by the Borough as a result of the appeal.

E. Once a system user files an appeal, that system user shall not be permitted to file another appeal of the same type for the same property within a one-year period from the filing of the first appeal unless there is a change of circumstances.

§ 70-14 Powers of Mayor and Council.

A. The right is reserved by the Mayor and Council to stop and prevent at any time the discharge into the system of any wastewater which may damage or adversely affect the system or which is not in conformity with the requirements and standards now or hereafter made by the Mayor and Council concerning the receipt and the treatment of wastewater, and the Mayor and Council may at any time, without notice and without recourse, in the event of any emergency affecting public health, safety, and, in other cases, upon notice and hearing, sever the connection and cause removal of any sewer or drain into or through which there is a discharge.

B. New sewers and connections to the system shall be properly designed and constructed in conformity with standards now or hereafter established by the Borough.