[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.
ADMINISTRATIVE AUTHORITY
AUTHORITY
BOARD OF HEALTH
BOD (denoting "biochemical oxygen demand")
BOROUGH
BUILDING CONNECTION
BUILDING SEWER LATERAL
DEPARTMENT OF PUBLIC WORKS
FOOD ESTABLISHMENT
GARBAGE
GREASE INTERCEPTOR
GREASE TRAP
INDUSTRIAL WASTE
NATURAL OUTLET
PERSON
pH
PLUMBING
PLUMBING SUBCODE OFFICER
PLUMBING SYSTEM
RESIDENTIAL USES
SEWAGE
SEWAGE, DOMESTIC
SEWAGE TREATMENT PLANT
SEWER
SEWERAGE FACILITIES
SEWER, SANITARY
STORM SEWER or STORM DRAIN
SUSPENDED SOLIDS
Definitions. As used in this article, the following terms shall have
the meanings indicated:
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]
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]
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.
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.
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.
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.
That part of the public sewer which runs from the sewer main
to the curb or property line.
The department which oversees the Borough roadways and sanitary
sewer lines.
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.
Solid wastes from the preparation, cooking or dispensing
of food and from the handling, storage or sale of produce.
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.
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.
The liquid waste from industrial processes, as distinct from
domestic sewage.
Any outlet into a stream, watercourse, pond, ditch, lake
or other body of groundwater, stormwater or surface water.
Any individual, firm, company, association, corporation,
partnership, society or group, or any combination thereof.
The logarithm to the base 10 of the reciprocal of the weight
of hydrogen ions in grams per liter of solution.
The practice of installing, maintaining, extending, repairing
and altering plumbing systems. It shall also mean the plumbing system
as herein defined.
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.
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.
Family dwelling unit.
Any liquid waste containing animal, chemical or vegetable
matter in suspension or solution.
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.
Any arrangement of devices and structures used for treating
sewage.
A pipe or conduit used for carrying sewage.
All facilities for the collection, pumping and disposing
of sewage.
[1]A sewer that has been designed to carry sewage and not stormwater,
surface water and groundwater.
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.
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.
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]
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]
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.