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Borough of Westwood, NJ
Bergen County
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Table of Contents
Table of Contents
[Adopted 11-26-2002 by Ord. No. 02-18]
A. 
Word usage. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein unless the content specifically indicates otherwise. When not inconsistent with the context, words used in the present tense shall include the future, words in the plural number shall include the singular, words in the singular number shall include the plural and words in the masculine gender shall include the feminine. The word "shall," as used herein, is mandatory, and the word "may" is permissive.
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVE AUTHORITY
Any officer, employee or agent designated by the Board of Health, Department of Public Works and/or Plumbing Subcode Official.
[Amended 10-17-2023 by Ord. No. 23-32]
AUTHORITY
The Bergen County Utilities Authority that maintains the district sewer system with which the Borough sewer system shall connect.
[Amended 1-18-2011 by Ord. No. 11-04]
BOARD OF HEALTH
The Board of Health of the Borough of Westwood and any officer, employee or agent designated by the Board of Health to act in a matter on behalf of the Board.
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in parts per million by weight.
BOROUGH
The Borough of Westwood or any officer, employee or agent designated by the Borough Council to act in a matter on behalf of the Borough.
BUILDING CONNECTION
That part of the sewer system which begins five feet outside the inner face of the building wall and which receives sewage from the building drain and conveys it to the building sewer lateral.
BUILDING SEWER LATERAL
That part of the public sewer which runs from the sewer main to the curb or property line.
DEPARTMENT OF PUBLIC WORKS
The department which oversees the Borough roadways and sanitary sewer lines.
FOOD ESTABLISHMENT
Any fixed restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; industrial feeding establishment; private, public or nonprofit organization, institution, or group preparing, storing or serving food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market; or any similar place in which food or drink is prepared for retail sale or service on the premises; and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public, with or without charge.
GARBAGE
Solid wastes from the preparation, cooking or dispensing of food and from the handling, storage or sale of produce.
GREASE INTERCEPTOR
A device installed in the drain line of dishwashing equipment and sinks, which mechanically skims grease particles from the wastewater so as to keep them from entering the sewer system.
GREASE TRAP
A device installed in the drain line of dishwashing equipment and sinks to entrap particles of grease to prevent them from entering the sewer system.
INDUSTRIAL WASTE
The liquid waste from industrial processes, as distinct from domestic sewage.
NATURAL OUTLET
Any outlet into a stream, watercourse, pond, ditch, lake or other body of groundwater, stormwater or surface water.
PERSON
Any individual, firm, company, association, corporation, partnership, society or group, or any combination thereof.
pH
The logarithm to the base 10 of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLUMBING
The practice of installing, maintaining, extending, repairing and altering plumbing systems. It shall also mean the plumbing system as herein defined.
PLUMBING SUBCODE OFFICER
A person licensed and authorized to inspect plumbing pursuant to the provisions of N.J.A.C. 5:23 and who is in the employ of the Borough.
PLUMBING SYSTEM
The system or network of facilities within or adjacent to any building, structure or conveyance (including piping materials, controls and fixtures, together with their venting systems and other appurtenances) up to the point of connection of such system to a public or private sewer, a public or private water supply for potable or nonpotable purposes, a natural outlet or any other point of discharge or supply.
RESIDENTIAL USES
Family dwelling unit.
SEWAGE
Any liquid waste containing animal, chemical or vegetable matter in suspension or solution.
SEWAGE, DOMESTIC
Ordinary nonindustrial sewage (but not including stormwater, groundwater and surface water), for example, sewage discharging from toilets, washbowls, bathtubs and like sanitary conveniences installed in dwellings, apartment houses and hotels, office and commercial buildings and factories and institutions.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWER
A pipe or conduit used for carrying sewage.
SEWERAGE FACILITIES
All facilities for the collection, pumping and disposing of sewage.
[1]
SEWER, SANITARY
A sewer that has been designed to carry sewage and not stormwater, surface water and groundwater.
STORM SEWER or STORM DRAIN
A sewer, gutter, culvert, catch basin or like facility that has been designed to carry stormwater, surface water and groundwater and not domestic sewage or industrial wastes.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and that are removable by laboratory filtering.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Authorized persons to make connections. No person, other than a person authorized by the Borough, shall uncover, make any connection with or opening into, use, repair, alter or disturb any public sewer lateral and the appurtenances thereof.
B. 
Barricades and protective devices. Each person performing work on public property of the Borough for the purpose of installing or making connections to building sewer laterals shall cause the work to be adequately guarded with barricades, lights and other measures for the protection of the public. Streets, sidewalks, parkways, curbs and other public property disturbed in the course of the work shall be restored or replaced in a manner satisfactory to the Borough.
C. 
Maintenance of sanitary sewer system. Pursuant to the provisions of N.J.A.C. 5:21-6.1, the Department of Public Works is hereby vested with the power, authority, right and privilege, and there is hereby imposed upon said Department the duty, to provide for the maintenance and operation of the public sanitary sewer system. Maintenance of the public sewer and all work performed on the sewer system between the main line and the property line, including the installation of building sewer laterals, shall be performed by the administrative authority or other person authorized by the Borough.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Prohibited acts. No person shall:
(1) 
Place or deposit or cause or permit to be placed or deposited in an unsanitary manner upon public or private property within the Borough or in any street or other area under the jurisdiction of the Borough any human or animal excrement, garbage, industrial waste, foul liquids or any other liquids or solid waste that is malodorous or unsanitary.
(2) 
Discharge or cause or permit to be discharged to any natural outlet or storm sewer in the Borough or any street or other area under the jurisdiction of the Borough any domestic sewage, industrial waste or other polluted waters, except where suitable treatment has been provided in accordance with this article.
(3) 
Uncover or cause or permit to be uncovered any portion of the public sewer or any storm drain or the connection branches thereof or open any manhole or flush tank unless authorized, in writing, by the Borough to do so.
(4) 
Open or cause or permit to be opened any public street or place for the purpose of making any sewer connection or make or cause to be made any connection with the public sewer or any building connection or any other branch of the public sewer unless authorized, in writing, by the Borough to do so.
(5) 
Make or cause or permit to be made any excavation within four feet of any public sewer or blast any rock within 10 feet thereof unless authorized, in writing, by the Borough to do so.
(6) 
Use or cause or permit to be used any metal, mechanical or electrical cutters, eels or snakes or any other sewer-cleaning apparatus within the Borough without first having been authorized by the Department of Public Works to do so.
(7) 
Breach, cut or remove or cause or permit to be broken, cut or removed any pipe of the public sewer unless authorized, in writing, by the Borough to do so.
(8) 
Direct the discharge or cause or permit the direction of the discharge into any portion of the public sewer, directly or indirectly, of any clear drainage, such as the discharge from air-conditioning units, groundwater, surface water or rainwater from sidewalks, yards, areas, courts, roofs or any sump, cistern or tank overflow, combined sewers being hereby prohibited.
(9) 
Discharge or cause or permit the discharge into any building connection, building sewer lateral or any portion of the public sewer, directly or indirectly, of any drainage or overflow from privies or other receptacles storing or designed to store organic wastes or any underground drains or channels unless the connection thereof to the building connection, building sewer lateral or public sewer shall have been authorized and approved, in writing, by the Department of Public Works.
(10) 
Connect or cause or permit the connection with any portion of the public sewer, directly or indirectly, of any exhausts, boiler blowoffs, sediments, drips or any pipes carrying or constructed to carry acids, dyes, brine, germicides, greases, gasoline, naphtha, radioactive materials or any other substance detrimental to the sewers or their appurtenances or to the operation of the Borough or the Authority sewer systems.
(11) 
Throw or deposit or cause or permit to be thrown or deposited in any fixture, vessel, receptacle, inlet or opening connected, directly or indirectly, with any portion of the public sewer anything other than sewage. It is the intent hereby to prohibit any straw, garbage, wood, glass, plastic, grease, ashes, cinders, fabrics or tar or other viscous material or any other substance capable of causing obstructions from being introduced into the public sewers.
B. 
Discharge restrictions. Except as hereinafter provided, no person shall discharge or cause or permit to be discharged any of the following described waters or wastes into any public sewer:
(1) 
Any liquid which may contain more than 100 parts per million, by weight, of fat, oil or grease.
(2) 
Any gasoline, benzine, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(3) 
Any liquid having a pH factor lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or a hazard to the structure, equipment and personnel of the Borough or the Authority.
(4) 
Any liquid containing a toxic or poisonous substance in a sufficient quantity so as to injure or interfere with any sewage treatment processes, to constitute a hazard to humans or animals or to create any hazard in the receiving waters of the sewage treatment plant.
(5) 
Any liquid containing suspended solids of such character and quantity that unusual attention or expense is required to handle such matters at the sewage treatment plant.
(6) 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
C. 
Interceptors/traps.
(1) 
Grease, oil and sand interceptors shall be provided when, in the opinion of the administrative authority, they are necessary for the proper handling of liquid wastes containing fats, oil, and grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for all residential uses. All interceptors or traps shall be of a type and capacity approved by the administrative authority and shall be located so as to be readily and easily accessible for cleaning and inspection.
[Amended 10-17-2023 by Ord. No. 23-32]
(2) 
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of a substantial construction and watertight and shall be equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. All grease, oil and sand interceptors shall be maintained by the owners, at their expense, in continuously effective operation at all times.
D. 
All food establishments, as defined herein, that produces, prepares, processes, handles, and/or serves food that contains grease or produces grease as a by-product as part of its retail business and/or business activity, shall be required to install and maintain an approved grease interceptor on all dishwashing equipment and three-compartment sinks discharging into the Borough's sanitary sewer system. It shall be the responsibility of each owner to maintain the interceptor to avoid grease entering the sewer system. The administrative authority has the right to inspect said equipment to ensure proper maintenance. Failure to properly maintain said equipment shall be a violation of this article. Further, the clearance and cleaning of any blockages in the sanitary sewer mains attributable to a specific food establishment owner shall be paid by the owner. Such charges shall include, but not be limited to, the full cost for Borough labor, including fringe benefits, and equipment costs. Any property damage caused by sewer backups shall also be borne by the owner causing the blockages.
[Amended 1-18-2011 by Ord. No. 11-04; 10-17-2023 by Ord. No. 23-32]
E. 
Food waste, including fat, oil and grease, cannot be discarded into a slop sink, floor drain, toilet, or any other plumbing fixture not connected to a grease interceptor.
[Added 5-16-2023 by Ord. No. 23-9[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection E as Subsection G.
F. 
Cleaning of grease interceptor shall be performed at a frequency necessary to ensure proper maintenance and function with complete removal of all contents, including floating materials, wastewater, bottom sludge and solids.
[Added 5-16-2023 by Ord. No. 23-9]
G. 
Disposal of waste material from the grease interceptor shall be discarded in accordance with all applicable federal, state, county and local laws, rules, code provisions and/or regulations. Contents of the grease interceptor shall be disposed by a private waste hauler firm hired by establishment, with written documentation of waste hauler name, address, phone number, dates waste removed and volume in gallons, type of grease (yellow or brown), and such records shall be maintained on premises for a period of not less than 24 months and made available to the administrative authority upon request. In no event shall the waste material removed from the grease interceptor be returned to any private or public portion of the Borough's sanitary sewer system.
[Amended 5-16-2023 by Ord. No. 23-9]
H. 
A maintenance log shall be kept up-to-date and include the time, date and signature of person performing the maintenance/cleaning as described in Subsection G above. Such log shall be maintained on premises for a period of not less than 24 months and made available to the administrative authority upon request.
[Added 5-16-2023 by Ord. No. 23-9]
[Added 5-16-2023 by Ord. No. 23-9]
A. 
All food establishments, as defined herein, that produce, prepare, process, handle, and/or serve food that contains grease or produce grease as a by-product as part of its retail business and/or business activity must employ, at their own cost and expense, a licensed plumber to conduct an annual inspection of their grease interceptor and connecting wastewater lines to ensure that waste fat, oil and grease are being adequately removed from the wastewater before being discharged into the sanitary wastewater system, and that wastewater temperature does not exceed 140° F. max. The licensed plumber shall provide a formal inspection report to the food establishment. The inspection report shall include, but not be limited to, the maintenance and efficiency of the grease interceptor, amount of oil and grease found in connecting wastewater lines, percentage of oil and grease being removed from wastewater being discharged into the sanitary wastewater system, and the temperature of the wastewater.
[Amended 10-17-2023 by Ord. No. 23-32]
B. 
A formal inspection report by a licensed plumber is required for the issuance of an annual health license by the Health Department for all food establishments that produce, serve, handle and/or prepare oil, fat and/or grease in the course of business.
A. 
Destruction or tampering prohibited. No person shall break, damage, destroy, deface or tamper with any structure, appurtenance or equipment which is part of the Borough sewer system.
B. 
Liability. Any person who, by reason of a violation of the provisions of this article or any other improper use of the Borough sewer system or any of its branches, appurtenances or connections, shall cause damage to said Borough sewer system or to the system or facilities of the Authority to which the Borough sewer system is connected shall be liable to the Borough for all costs and expenses that may be incurred by the Borough for the correction of any such damage. The Borough shall have the right to recover such costs and expenses and the cost and expense of prosecuting its claim from any such person by the appropriate action at law in a court of competent jurisdiction. The right of the Borough to be reimbursed for any costs and expenses incurred shall be an additional remedy, and such person shall also be subject to the penalties contained in this article for violation of its provisions.
A. 
Jurisdiction. The administrative authority shall have concurrent jurisdiction in the administration and enforcement of the provisions of this article.
B. 
Right of entry for inspections. The administrative authority, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provision of this article.
[Amended 5-16-2023 by Ord. No. 23-9]
A. 
When the discharge from a food establishment causes an obstruction, damage, or any other impairment to the treatment works, or causes any expense, fine, penalty, or damage of any nature whatsoever to the Borough, the administrative authority shall invoice the owner/user of same incurred by the Borough. If the invoice is not paid within seven says of receipt, the administrative authority shall notify the Borough Attorney to take any and all actions as shall be appropriate to seek reimbursement.
B. 
An inspection fee shall be imposed for all inspections performed by an administrative authority as a result of a complaint and/or violation against a food establishment and/or manufacturer, distributor or processor, in the amount of $100.
C. 
For each reinspection carried out pursuant to an unresolved complaint and/or violation, a fee of $100 shall be imposed.
D. 
Any person who violates any section of this article is subject to the following fines:
(1) 
First offense: up to $250 per day until the violation is corrected, plus reimbursement of costs and damages;
(2) 
Second offense: up to $500 per day until the violation is corrected, plus reimbursement of costs and damages; and
(3) 
Third or more offenses: $1,000 per day until the violation is corrected, plus reimbursement of costs and damages. In addition, the Borough may terminate/close the user's ability/access to the Borough sanitary sewer system.
A. 
Use of sewers. The use of all sanitary sewers of the Borough of Westwood shall be in compliance with the rules and regulations enacted by the Bergen County Utilities Authority.
B. 
Adoption of county standards. The Borough of Westwood hereby adopts and enacts the user charge system and industrial cost recovery system contained in the rules and regulations of the Bergen County Utilities Authority and authorizes their immediate implementation by the Borough Collector-Treasurer.
C. 
Copies on file. Not fewer than three copies of the rules and regulations of the Bergen County Utilities Authority have been and are filed in the office of the Clerk of the Borough of Westwood and are available for public inspection during normal business hours.
D. 
Cost of copies. Copies of the rules and regulations of the Bergen County Utilities Authority can be obtained from the Bergen County Utilities Authority for the cost of publication.
[1]
Editor's Note: See also Art. I, Rules and Regulations of Bergen County Utilities Authority, of this chapter.