[HISTORY: Adopted by the Township Committee of the Township
of Hazlet 9-2-2008 by Ord. No. 1438-08. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See
Ch. 505.
A.
Establishment; control. A Department of Sewer Utility (the "Department")
is hereby created in and for the Township, which Department shall
be under the control and supervision of the Township. The Township
Committee shall appoint a Director of Sewer Utility (the "Director").
The Director shall serve at the pleasure of the Township Committee.
The Township Committee may remove or replace such Director.
B.
In the event that the position of Director of the Department becomes
or remains vacant through removal, resignation, retirement or otherwise,
then in that event, the Director of the Department of Public Works
of the Township shall assume all duties and obligation of the office
of Director. The Director shall perform all duties and functions,
and shall be accountable to the Municipal Administrator, as set forth
in the general ordinances of the Township, which pertain generally
to the administrative procedures of the Township.
It is the purpose of this chapter to empower the Township of
Hazlet, through the Department, to perform all such reasonable and
necessary functions in connection with providing sewage collection,
disposal and treatment as afforded to the Township by the provisions
of N.J.S.A. 40A:26A-1 et seq., without limitation, and to cooperate
and do all things necessary to assist the Township in the collection
of fees therefor. The provisions of this chapter are subject to the
ability of the Township to provide sewage service to the extent permitted
by law, and in accordance with the terms and conditions of any existing
contracts that are legally binding upon the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
The party contracting for sewer service to a property as
hereinafter classified.
Residential classes.
Single-family residential dwellings, comprised of a building
under one roof owned by one or more parties, and occupied by a single-family
residential unit.
Multifamily residential dwellings, being:
A "duplex" or "double house" having a solid vertical partition
wall, making it capable of divided ownership;
A building owned by one party or more than one party consisting
of more than one apartment and using in common one hall and one entrance;
A building owned by one party or more than one party having
a number of apartments and one or more means of entrance.
Commercial, industrial and institutional uses.
Combination residential and commercial, industrial, and institutional
uses.
The duly appointed Director of the Department of Sewer Utility
or in the absence of such Director, the Director of the Department
of Public Works of the Township.
The duly appointed operational administrator of the Sewer
Utility and in particular shall be understood to be the Township agent,
servant or employee in charge of the day-to-day operation, installation
and maintenance of the sanitary sewer facilities heretofore operated
by the HTSA and as may hereafter be necessary in connection with any
additional facilities hereafter constituting part of the Township's
sewage system. Such operator shall be properly licensed and qualified
by the State of New Jersey to perform the necessary functions attendant
to this position.
Any connection, cross connection, bypass, valve, pipeline,
or any like device which permits or may permit any flow of wastes
from any source into the sewage system operated by this utility.
The water-carried wastes created in and carried, or to be
carried, away from residences, hotels, apartments, schools, hospitals,
commercial establishments, office complexes, industrial establishments,
or any other public or private building, together with such surface
or groundwater and industrial wastes as may be present.
The plants, structures and other real and personal property
acquired, constructed or operated, or to be acquired, constructed
or operated by the Sewer Utility, including sewers, conduits, pipelines,
mains, pumping and ventilating stations, plants and works, connections,
outfalls, compensating reservoirs, and any and all other plants, structures,
conveyances, and other real and personal property, and rights therein,
and appurtenances necessary or useful and convenient for the collection,
or disposal in a sanitary manner of any sewage, liquid or solid wastes,
night soil or industrial wastes.
The sanitary sewer utility of the Township, operated by the
Department acting pursuant to the direction of the Township through
its elected and appointed officials, and performing all functions
pertaining to the collection of sewage heretofore performed by HTSA,
and as may hereafter be necessary in connection with any additional
facilities hereafter constituting part of the Township's sewage
system.
The Township Committee of the Township of Hazlet is hereby empowered
to adopt, by resolution, such portions of the current rules regulating
the Township of Hazlet Sewer Utility as it deems proper and necessary
in order to enable the Department to perform the purposes enumerated
herein and any additional rules. In addition, the Township is hereby
empowered to retain the professional services of such sanitarian,
engineer, or other expert as the Township shall determine to be necessary
for the purpose of establishing appropriate rules and regulations
affecting the installation, maintenance, repair and control of plumbing
and drainage of buildings and the connection thereof to the facilities
of the Sewer Utility. These rules and regulations may be adopted by
the Township by resolution and may by reference incorporate other
codes, statutes and/or regulations as appropriate.
There is hereby established a transition period of 120 days
duration, during which time the Director of the Department shall assume
the operation of the Sewer Utility functions heretofore carried out
by the Hazlet Township Sewerage Authority. During such transition
time, which may be extended by resolution of the Township for such
reasonable time as it deems proper and just, the Director of such
Department shall utilize the rules and procedures as established by
the HTSA which, pursuant to the provisions of N.J.S.A. 40:49-5.1,
are annexed to this chapter and three copies of which have been placed
on file upon the introduction of this chapter and are now filed in
the Office of the Clerk of the Township of Hazlet, and which will
remain on file there for the use and examination of the public, except
where such rules and procedures are inconsistent with the provisions
of this chapter.
To the extent not specifically set forth herein, the Township
Committee of the Township of Hazlet specifically reserves unto itself
all those certain powers, rights and responsibilities as set forth
at length in N.J.S.A. 40A:26A-1 et seq.; which provisions may be deemed
by the Township necessary for the operation of the Sewer Utility.
The Township, through the Department or otherwise, shall have
a right of access to any customer's premises and to all equipment
and property of the Township at reasonable times for the purpose of
reading meters, inspecting, repairing or replacing equipment used
in connection with the supplying of sewer services, or for the removal
of equipment or property. The customer shall obtain for the Township
all necessary permission from tenants or others for access to equipment
or property. Customers shall not permit access to meters or other
Township property except by authorized employees of the Township or
other authorized state or local inspectors.
Any person, firm or corporation violating the provisions of
this chapter or any succeeding ordinances or resolutions pertaining
to the subject matter of this chapter which might be enacted or adopted
shall be punished by a fine not exceeding $1,250, or by imprisonment
for a period not to exceed 90 days, or both. Each and every day that
any violation continues shall be deemed to be and shall be a separate
offense, separately punishable as aforesaid.
All connection, user, and other fees and charges set forth in
this chapter shall draw the same interest from the time that they
became due as taxes upon real estate in the Township and shall be
a lien upon the premises connected until paid. The Township shall
have the same remedies for the collection thereof, with interest,
cost and penalties as it has for all collection of taxes upon real
property.
Each contractor or other person performing work on Township
public property for the purpose of installing sanitary sewer connections
shall post a bond acceptable to the Township. All work shall be adequately
guarded with barricades, lights and other measures for protection
to the public from hazard. Streets, sidewalks, curbs and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Township.
No person shall uncover, make any connection with or opening
into, use, alter or disturb any public sewer or appurtenance thereto
without first obtaining a written permit from the Director.
A.
Sewer service connections shall be made upon written application
to the Director on forms furnished by the Director and signed by the
owner of the property or by a duly authorized agent.
B.
No application for service will be accepted for installation between
December 15 and April 15, unless the property owner agrees to pay
the additional cost that may be incurred because of adverse weather
conditions during this period.
C.
All inspection fees for the connection into the sewer system shall
be paid by the applicant pursuant to the rate schedule in place at
the time of the application.
Approval of an application for a sewer connection can only be
made if it has been determined that a sewer main approved by the Township
exists in front of the applicant's property or in the public
right-of-way. The main shall extend the length of the applicant's
property and if it does not so extend, it shall be extended at the
applicant's expense in accordance with Township specifications.
No person or persons shall in any manner, without permission,
connect or disconnect or tamper or interfere with any property of
the Township such as pipes or conduits, meters, valves, instruments
or other accessories or property.
A.
The Department may refuse to connect to any customer's piping
system or to supply sewer services to a system if said system has
not been designed or installed in accordance with the applicable regulations
or if any parts of the piping system have not been installed at sufficient
depth to prevent freezing.
B.
The Township shall not be responsible for any inadequacy of sewer
service should the customer make alterations, changes or additions
to an existing system without notifying the Director in advance of
any proposed alterations, changes or additions. In case of defective
service, the customer shall not interfere with meters or other property
of the Township, but shall immediately notify the office of the Director.
Complaints concerning the character of the service furnished
or the reading of meters or bills rendered shall be made at the Department
office to the Director, in writing. A record of such complaints will
be maintained by the Department to show the names and addresses of
the complainants, dates and nature of the complaints and the action
taken thereon.
The existing publicly owned and operated sanitary sewer system
of the Township, previously operated by the HTSA, shall be operated
by the Township as a sewer utility of the Township of Hazlet. Such
sewer utility shall hereafter be referred to as the Sewer Utility,
which shall be operated by the Department, under the control of the
Director.
All future revenue and the accounting therefor from said Sewer
Utility shall be on a dedicated utility basis in conformance with
the provisions of N.J.S.A. 40A:4-33, 34 and 35. All monies derived
from the operation of said Sewer Utility and any other monies applicable
to its support shall be segregated and kept in a separate fund which
shall be known as the "Sewer Utility Fund," and all disbursements
for the operation and maintenance of said Sewer Utility shall be taken
from said Sewer Utilities Fund.
The dedicated budget of the Sewer Utility shall include appropriations
for operating expenses, capital improvements, debt service, and for
the portion of all other deferred charges and statutory expenses as
may be required.
The owners of all houses, buildings and properties constructed
after the enactment of this chapter, situated within the Township,
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 Township, are hereby required at their expense to connect all
sanitary and other plumbing facilities directly with the proper public
sewer, in accordance with all the pertinent ordinances or the Township,
prior to the issuance of a certificate of occupancy.
The owners of all houses, buildings and properties existing
at the time of the enactment of this chapter, and having approved
private sanitary sewer facilities, will be required at their expense
to connect all available sanitary and other plumbing facilities directly
with the proper public sewer where such connections are considered
necessary in accordance with the rules, regulations and ordinances
of the Township and of the County Board of Health. Such connectors
shall be made in accordance with all of the pertinent ordinances of
the Township within 180 days of the date of the official notice to
do so.
A.
Sump pumps. It is a violation for any person or user of this system
to connect or discharge, by any means, into the system, any materials,
chemicals or drainage other than sanitary sewage. The Director shall
serve notice to such persons or users to remove such discharge immediately.
B.
Broken lines. The Director shall also serve notice to a user of the
Sewer Utility having broken service lines that cause infiltration
into the system to repair same no later than 10 days from the said
service of notice pertaining to such violation.
The Township Committee is hereby authorized to establish, from
time to time, the charges and fees for sewer and incidental services
to be provided by the Sewer Utility. The schedule of charges shall
be, and the same are, hereby fixed and established for the collection,
disposal and treatment of sanitary sewage material collected in public
sanitary sewers located within the Township, to be charged to all
customers of the Sewer Utility and properties served by the public
sewage collection system located within the Township of Hazlet, as
set forth in Exhibit A annexed hereto and made part hereof,[1] same being the charges currently in effect for the HTSA.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
