Township of Morris, NJ Article I Basic Requirements

[Adopted 4-13-1961 by Ord. No. 8-61 (Ch. 71, Art. I, of the 1969 Code)]

§ 410-1 Definitions; word usage.

A. Unless the context specifically indicates otherwise, the meanings of the terms used in this article shall be as follows:

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.

BRANCH CONNECTION

A tee or wye attached to or built in a public sewer to receive a building sewer.

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil and waste pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

BUILDING SEWER

The extension from the building drain to the branch connection at the public sewer or other place of disposal.

COLLECTOR OF SEWER FEES

The Collector of Sewer Fees as appointed by the Township Committee of the Township of Morris or his authorized deputy, agent or representative.

COMBINED SEWER

A sewer in which both surface runoff and sewage are received.

ENGINEERING INSPECTOR

A representative under the Township Engineer with the duties of inspecting construction projects and activities.[1]

GARBAGE

Solid wastes from the preparation, cooking and disposing of foods and from the handling, storage and sale of produce.[2]

HEALTH OFFICER

The Health Officer appointed by the Board of Health of the Township of Morris.

INDUSTRIAL WASTES

The liquid wastes from industrial and laboratory processes as distinct from sanitary sewage.

OPERATOR

The operator of the sewage treatment plant duly appointed by the Morris Township Committee.

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.

PLUMBING INSPECTOR

The duly appointed Plumbing Inspector of the Township of Morris.

PRIVATE SEWAGE DISPOSAL SYSTEM

As herein referred to, any septic tanks, cesspools, sewage disposal devices or subsurface drainage system.

PUBLIC SEWER

A sanitary sewer in which all owners of abutting properties have equal right and which is controlled by public authority.

SANITARY SEWER

A sewer which carries sewage and in which stormwater, surface water and groundwater are not permitted.

SEWAGE

A combination of the water-carried wastes from any buildings or structures.

SEWAGE TREATMENT PLANT

Any arrangement of devices and structures used for treating sewage.

SEWAGE WORKS

All facilities for collecting, pumping, treating and disposing of sewage.

SEWER

A pipe or conduit for carrying sewage.

SEWER CHAIRPERSON

The Chairperson of the Sanitary Sewer Standing Committee as appointed by the Morris Township Committee, or his authorized agent or representative.[3]

STORM SEWER or STORM DRAIN

A sewer which carries stormwaters and surface waters and drainage.[4]

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.

TOWNSHIP ATTORNEY

The duly appointed Attorney of the Township of Morris.

TOWNSHIP ENGINEER

The Engineer as duly appointed by the Morris Township Committee.

WATERCOURSE

A channel in which a flow of water occurs, either continually or intermittently.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[2] Editor's Note: The original definition of "Foreman," which immediately preceded this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). In addition, the original definition of "Sewer Inspector," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[4] Editor's Note: The original definition of "Superintendent," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. "Shall" is mandatory; "may" is permissive.

§ 410-2 Toilet facilities and sewage connection required; exemptions.

[Amended 11-9-1995 by Ord. No. 34-95]

A. The owners of all houses or buildings designed or intended for human occupancy are hereby required, at their expense, to install suitable toilet facilities therein and to connect such facilities directly with any available public sewer in accordance with the provisions of this article. A sewer shall be considered available if it is an active sewer and is located within 100 feet of the owner's property or a usable right-of-way. Such connection shall be made within 90 days after date of official notice from the Township of Morris, except where an exemption or deferral has been granted by the Township Committee.

B. A deferral may be granted for a period not to exceed five years where and as long as the following conditions are met:

(1) The existing individual sewage disposal system was constructed after April 2, 2012, or the owner can prove that the existing system meets the design requirements of N.J.A.C. 7:9A, Standards for Individual Subsurface Sewage Disposal Systems, and is operating satisfactorily.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) The existing individual sewage disposal system is pumped and inspected not less than once every three years.

(3) The owner, prior to selling, renting or transferring title to the property, shall have the home or building connected.

(4) The owner pays the connection fee required by this article at the time of application for the deferral.

(5) The owner pays the capital and debt service portions of the annual sewer service charge each year.

C. An exemption may be granted where access to an otherwise available sewer would require extraordinary expenditure, result in peculiar and exceptional practical difficulties, result in adverse environmental impact or cause exceptional and undue hardship. If an exemption is granted, the sewer shall be deemed unavailable.

D. The owner of property for which exemption is sought must demonstrate full compliance with the requirements of Subsections A and B above. An exemption granted pursuant to this section shall remain in effect only for such period of time as the conditions listed in Subsections A and B above are complied with. The inability or failure to maintain compliance with conditions listed in Subsections A and B above shall result in the automatic revocation of the exemption.

E. Application for either deferral or exemption shall be made to the Township Committee of the Township of Morris within 60 days of receipt of official notice requiring connection to the public sewer facility.

F. Except in the cases where a deferral or an exemption has been granted, the annual sewer service charge for the use of the sewer shall begin 90 days after the date of the official notice set forth above. In those cases where a deferral has been granted, the annual sewer service charge shall commence upon the expiration of the deferral period. In those cases where an exemption has been granted, the annual sewer service charge shall commence 90 days after revocation of the exemption.

§ 410-3 Building sewers and connections.

A. 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 Engineering Inspector in the manner hereinafter set forth.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Building sewer permits shall be of two classes:

[Amended 6-8-1961 by Ord. No. 19-61; 9-11-1985 by Ord. No. 29-85; 6-17-2015 by Ord. No. 20-15; 4-20-2016 by Ord. No. 06-16]

(1) For residential service, the fee for which shall be $6,000 per dwelling unit.

(2) For service to establishments producing commercial, public building or industrial wastes and/or laboratory wastes, the fee for which shall be based on historic water usage or flows based on N.J.A.C. 7:14A-23.3 (projected flow criteria), as amended, and the fee shall be calculated by using a ratio of $900/100 gallons of daily flow to calculate the connection fee, but no less than $6,000.

C. The owner or his agent shall make application on a form furnished by the Township. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Engineering Inspector or required by state law.

[Amended 6-17-2015 by Ord. No. 20-15]

D. Permits will expire four weeks after date of issue but will be subject to renewal for a further period of four weeks.

E. Where the building sewer has been extended by the Township from main or lateral to the curb or property line, the following rules shall apply:

(1) The applicant, after securing the building sewer permit, shall notify the Engineering Inspector when the excavation is made and the pipe is installed and connected. No backfill is to be placed without the written permission of the Engineering Inspector.

[Amended 6-17-2015 by Ord. No. 20-15]

F. Where the building sewer has not been extended by the Township from main or lateral to the curb or property line, the following rules shall apply:

(1) The applicant shall secure a building sewer permit and pay the required fee. The applicant shall do all of the excavation required, supply all of the materials and do all of the work and shall notify the Engineering Inspector 24 hours before the excavation is ready for the installation of the branch connection; after the inspection by the Engineering Inspector, the work shall be completed by the applicant. The street opening fee, backfilling and repaving shall be as required under Chapter 439, Article V, Street Openings.

[Amended 6-11-1965 by Ord. No. 13-65; 6-17-2015 by Ord. No. 20-15]

G. The joint made between the building sewer and the building drain shall be secure and watertight. Standard fittings, approved by the Engineering Inspector and/or the Plumbing Inspector, shall be used for this joint.

[Amended 6-17-2015 by Ord. No. 20-15]

H. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard.

I. It shall be the duty of the Engineering Inspector, when notified to inspect the installation of any branch connection or building sewer, to determine whether the same complies with all the provisions hereof and any other ordinances, the enforcement of which is within his jurisdiction. When he is satisfied that the installation complies with the aforesaid requirements, he shall evidence his written approval on the permit.

[Amended 6-17-2015 by Ord. No. 20-15]

J. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Township of Morris from any loss or damage that may indirectly or directly be occasioned by the installation of the building sewer. In order to guarantee and protect the Township of Morris for any loss or damage that may indirectly or directly occur by the installation of said building sewer from the main to the curb or property line or the excavation for the installation of any branch connection or any other work, the owner or his agent shall post with the Township of Morris a performance bond in the amount of $5,000 to guarantee the payment of any damage which may occur to the property of the Township of Morris; such performance bond shall be written by a surety company authorized to do business in the State of New Jersey and approved by the Township Committee of the Township of Morris and shall be posted with the Township of Morris prior to the issuance of the building sewer permit.

[Amended 9-14-1961 by Ord. No. 30-61]

K. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and the rear building is an accessory use as established under Chapter 95, Zoning, and while both buildings remain under the same ownership.

L. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Engineering Inspector and/or Plumbing Inspector, to meet all the requirements of this article.

[Amended 6-17-2015 by Ord. No. 20-15]

M. In all buildings in which any building sanitary drain is too low to permit gravity flow to the public sewer, sewage carried by such drain shall be lifted by a submersible grinder pump installation as manufactured by the Environment/One Corporation of Schenectady, New York, or Barnes Pumps, Inc., of Mansfield, Ohio, or approved equal. The grinder pump installation shall be installed, owned and operated by the building owner in conformance with the Township standard details and specifications for this type of facility. The pump installation shall be capable of performing satisfactorily under the actual conditions to be encountered for the building being served. A simplex or duplex grinder pump system shall be installed as required. The design of the proposed grinder pump installation shall be approved by the Township prior to issuing any permit to construct the same.

[Amended 9-11-1991 by Ord. No. 30-91]

§ 410-4 Meters and measuring devices.

All meters or other measuring devices installed or required to be used under the provisions of this article shall be under the control of the Township and of a type specified by the Township and shall be installed by the owner at the owner's expense. The owner of the property upon which any such measuring device is installed shall be responsible for its maintenance and safekeeping, and all repairs thereto shall be made at the owner's cost, whether such repairs are made necessary by ordinary wear and tear or other causes. Costs for such repairs, if made by the Township, shall be due and payable at the same time, collected in the same manner and be subject to the same penalties as are the charges for sewer use.

§ 410-5 Tampering with system equipment.

No person shall break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the Township of Morris sewage disposal system.

§ 410-6 Use restrictions.

A. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, swimming pool or pond water, cooling water or unpolluted industrial process waters to any sanitary sewer.

B. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

[Amended 12-10-1975 by Ord. No. 34-75]

(1) Any liquid or vapor having a temperature higher than 150° F.;

(2) Any garbage, including such kitchen wastes as have been ground or chopped by mechanical devices or appliances;[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

(4) Mineral acidity, pH not less than 5.5;

(5) Caustic alkalinity, pH not greater than 10.0;

(6) Must not contain any explosive or flammable substance and no gases or vapors, either free or occluded in concentration, toxic or dangerous to humans, animals or aquatic life in streams or to the sewer system;

(7) No excessive amount of grease or oil that will solidify or become viscous at temperatures between 32° F. and 150° F.;

(8) Suspended solids shall not exceed a daily average of 250 milligrams per liter, unless authorized otherwise under the Township Industrial Pretreatment Program;

[Amended 7-18-2001 by Ord. No. 17-01[2]]

[2] Editor's Note: This ordinance also repealed original §§ 71-6B(9) of the 1969 Code, pertaining to total solids, 71-6B(10) of the 1969 Code, pertaining to chlorine demand, and 71-6B(16) of the 1969 Code, prohibiting phenols and/or orthocreosols in excess of certain quantities.

(9) Five-day biochemical oxygen demand (BOD) shall not exceed a daily average of 250 milligrams per liter, unless authorized otherwise under the Township Industrial Pretreatment Program;

[Amended 7-18-2001 by Ord. No. 17-01]

(10) Shall not contain sulfides in any measurable concentration;

[Amended 4-13-1977 by Ord. No. 15-77]

(11) Must not contain any toxic or irritating substances which will create conditions hazardous to public health and safety;

(12) Oils, fats and grease (vegetable and/or mineral based) in concentrations in excess of 100 milligrams per liter;

[Amended 7-18-2001 by Ord. No. 17-01[3]]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(13) Must contain no poisons in sufficient quantities to endanger man or interfere with biological processes;

(14) Must not contain any substance which the municipality now or hereafter finds to be harmful;

(15) Any noxious or malodorous gas or substance capable of creating a public nuisance;

(16) Gasoline, naphtha, petroleum products or any substance which may create an explosion hazard in the system;[4]

[4] Editor's Note: Original § 71-6B(19) of the 1969 Code, pertaining to oils, fats and grease, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(17) Surface water or rainwater from yards, areas, courts, cellars, drains or roofs;

(18) Rubbish;[5]

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(19) Milk, brewery or distillery waste in any form;

(20) Any color that cannot be removed from the wastes by the existing treatment system or process; and

(21) In addition, any waste or substance which shall cause or result in:

(a) Chemical reaction, either directly or indirectly, with the materials of construction, to impair the strength or durability of any sewer structure.

(b) Mechanical action that will destroy or damage the sewer structure.

(c) Restriction of hydraulic capacity of sewer structures.

(d) Restriction of normal inspection or maintenance of sewer structure.

(e) Placing of unusual demands of quantity or quality on the sewage treatment equipment or process, plant or sewers.

(f) Limitation of effectiveness of the sewage treatment process.

(g) Danger to public health and safety.

(h) Obnoxious conditions inimical to the public interest.

C. Grease, oil and sand interceptors shall be provided when necessary, in the opinion of the Engineering Inspector, for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients. All interceptors shall be equal to those manufactured by the Josam Manufacturing Company and shall be of the 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. Grease and oil interceptors shall be constructed of impervious materials 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 gastight and watertight.[6]

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

E. The admission into the public sewers of any waters or wastes containing any quantity of substances having the characteristics described in Subsection B, or having an average daily flow greater than 2% of the average daily sewage flow of the Township of Morris, shall be prohibited unless approved by the Township Committee. Where necessary, the owner shall provide at his expense such preliminary treatment as may be necessary, as determined by the Township Engineer, to reduce the quality and quantity of such wastes to these limits. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Township Engineer and of the Department of Health of the State of New Jersey, and no construction of such facilities shall be commenced until said approvals are obtained in writing.

[Amended 12-10-1975 by Ord. No. 34-75]

F. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

G. All industrial users and any other users contributing more than 25,000 gallons per day shall, when required by the Township Engineer, install, operate and maintain an acceptable flow-metering device and report readings of said device to the Township upon request.

[Amended 12-10-1975 by Ord. No. 34-75; 7-18-2001 by Ord. No. 17-01]

H. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in Subsections B and E shall be determined in accordance with the latest edition of the Standard Methods for the Examination of Water and Wastewater and shall be determined at the control manhole 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.[7]

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

I. The maintenance of the building sewer, whether constructed by the Township or otherwise, and building drain shall be the responsibility of the owner of the property served. Property owners are responsible for maintenance and repairs of individual service connections from the sewer main to the building foundation.[8]

[8] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

J. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Township and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Township for treatment at an additional charge, provided that the Township has been advised in writing, by a qualified consulting sanitary engineer retained by the Township at the expense of the industrial applicant, that the industrial waste of the applicant can be adequately treated by the then-existing sewage treatment plant and at what additional cost to the applicant for the treatment.

K. The disposal into the sewer system of any pollutant by any person is unlawful except in compliance with federal standards promulgated pursuant to the Federal Water Pollution Control Act Amendments of 1972 (FWPCAA) and any more stringent state and local standards.

[Added 8-11-1976 by Ord. No. 23-76]

L. The Township of Morris shall have authority to ensure compliance of major contributing industries with federal pretreatment standards that have been or will be promulgated and any other applicable requirements promulgated by the Environmental Protection Agency in accordance with Section 307 of FWPCAA.

[Added 8-11-1976 by Ord. No. 23-76]

M. When deemed necessary by the Township of Morris, all major contributing industries, other industries and any and all other users shall file a periodic report on the constituents and characteristics of their wastewaters.

[Added 8-11-1976 by Ord. No. 23-76]

N. In addition to all other remedies and penalties set forth herein for the enforcement of this article, the Township of Morris shall have the right, upon the commission of any violation of the terms of this article, to terminate the disposal authorization of such person causing any such violation.

[Added 8-11-1976 by Ord. No. 23-76]

§ 410-7 Sewer extensions.

A. All extensions of the public sewer lines shall be by and at the expense of the person making the extension. He shall submit complete plans and specifications, prepared by a qualified licensed professional engineer, of the extension that is contemplated to the Sewer Chairperson. If the extension is deemed acceptable, the applicant shall be required to file for a NJDEP sewer extension permit and receive said permit prior to commencement of construction of the extension.

[Amended 6-17-2015 by Ord. No. 20-15]

B. When the Sewer Chairperson is satisfied that all of the requirements of the Township of Morris have been met, and when approval of the NJDEP has been obtained, he will issue a permit for said sewer extension.

[Amended 6-17-2015 by Ord. No. 20-15]

C. The applicant shall proceed with the construction of the sewer extension as shown on the approved plans, and all of his work shall be subject to the inspection and approval of the Township Engineer. No work shall be covered or backfilled without the approval of the Township Engineer.

D. In addition to the sewer extension permit fee provided for in this section, the applicant or the user of the sewer shall secure a building sewer permit for each connection to the extension and shall pay the fee provided for under § 410-3B.

E. Any permit for a sewer extension shall expire at the end of six months from the date of issue. Such permit may be extended by the Sewer Chairperson for an additional six months if in his opinion such an extension is in the interest of the Township.

§ 410-8 Right of entry for inspections.

The Sewer Chairperson and other duly authorized employees of the Township bearing proper credentials and identification shall be permitted to enter in and upon all buildings, structures and properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.

§ 410-9 Violations and penalties.

[Amended 6-17-2015 by Ord. No. 20-15]

Each and every person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be punishable as provided in § 1-3, General penalty, of this Code. Each day that a violation is permitted to exist shall constitute a separate offense.