[Editor's Note: See also § 2-29, Sewer Utility.]
[1]
Editor’s Note: Former subsection 12-1.1A, Water Utility,
containing portions of Ordinance No. 2809-11 was deleted by Ord. No.
2911-15.
[Ord. #1424, § 19; Ord. #1746; Ord. #2809-11]
A water department is hereby created and established in and
for the Township of Lyndhurst in the County of Bergen.
The department shall be under the supervision, management and
control of the township board of commissioners. Such supervision,
management and control is hereby assigned as follows:
[Ord. #1424, § 19; Ord. #1746; Ord. #2911-15; amended 12-12-2023 by Ord. No.
3185-23]
As used in this section:
Shall mean the American Water Works Association.
Shall mean a person, firm or corporation including an association
or combination of persons, firms or corporations, by which, or for
which, application is made to the water department for water service;
or which, according to the records of the water department or because
of ownership of property, is responsible for use of water and distribution
facilities at a location to which water is now or thereafter being
furnished by the township.
Shall mean a licensed vendor that contracts with the Township
of Lyndhurst to replace lead service lines.
Shall mean a valve installed at a water main to control the
flow of water in a water service connection.
Shall mean a valve with valve box to be installed on the
water service line between the curb and the sidewalk where such a
space exists, for ease of turn on and turn off during emergency repairs.
Shall mean the physical disconnecting of the water service
connection to the premises.
Shall mean any condition that does not allow access or exposure
to lead, in any form, to the extent that adverse human health effects
are possible
Shall mean all pipes other than supply pipes and service
pipes used for conveying water to or distributing water in the township.
Shall mean rates or prices to be charged for water based
upon the quantity consumed as measured by an approved water meter.
Shall mean a person or persons in actual possession of and
living in the building or dwelling unit.
Shall mean any person, firm, corporation or association,
owning any property or premises which is or prospectively can be supplied
with the township water, or its duly authorized agent.
Shall mean a building used for either business or residential
purposes or both, together with the land appurtenant thereto, and
such outbuildings as are used exclusively in connection therewith
or any part of a building with the land appurtenant thereto when sold
as a separate unit.
Shall mean a fire hydrant located on privately owned property
which private water main is supplied by the Township's water supply.
Shall mean piping extending from the water supply main in
the street to the premises for purposes of fire protection or fire
sprinklers.
Shall mean water mains not owned by the Township of Lyndhurst
supplying water to privately owned property including industrial complexes
which are connected to the Township owned water supply.
Shall mean a pipe extending from curb stop into privately
owned property for supplying water.
Shall mean a device for measuring the quantity of water passing
through a pipe at a given location.
Shall mean and consist of a connecting pipe between a street
main and between the adjacent curb and sidewalk, together with a main
corporation cock and a curb stop valve and valve box.
Shall mean water main pipes used for convoying and distributing
water throughout the Township of Lyndhurst.
Shall mean a duly licensed W-3 operator as determined by
the state department of health.
[Ord. #1424, § 19; Ord. #1746]
The water department reserves and has the right to suspend temporarily
water service under emergency conditions or to make repairs. Under
such conditions the consumers to be affected by such suspension shall
be notified so far as it is practicable to do so but the water department
shall assume no responsibility for damages or inconveniences resulting
from such suspension or be liable therefor.
[Ord. #1424, § 19; Ord. #1746; Ord. #2911-15]
The water shall be turned on and admitted into the premises
of consumers only by the water operator or someone under his direction,
and when the supply shall have been cut off for any purpose except
repairs not chargeable to the consumer, it shall not be turned on
again until all bills in arrears, and all other charges are paid,
including a fee of $10. The Township of Lyndhurst Water Department
shall not be required to shut off water services and the Lyndhurst
Water Department shall not maintain or repair any valves, mains, service
connections or apparatus located on or in private water mains.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1]
No person shall in any manner, without a permit from the water
department, connect or disconnect, tamper or interfere with any property
of the water department such as pipes or conduits, meters, hydrants,
valves, instruments or other accessories or property. Any person tampering
with a meter, service pipe connection or fire hydrant, or willfully
injuring any property of the township belonging to the water supply
system shall be punished by a fine of not less than $500 nor more
than $2,000, plus the cost of repair, or by imprisonment for any term
not exceeding 90 days or both.
[Ord. #1424, § 19; Ord. #1746; Ord. #2911-15]
a.
The water department shall have a right of access to any consumer's
premises and to all equipment and property of the water department
at reasonable times for the purpose of reading meters or inspecting,
repairing or replacing equipment used in connection with the supply
of water or for the removal of equipment or property.
b.
The consumer shall obtain from the water department all necessary
permissions from tenants or others needed for access to equipment
or property. Consumers shall not permit access to meters or other
water department property except by authorized employees of the water
department or other authorized state or local inspectors. If any meter
in excess of 5/8 inches is found to be out of order or if any meter
is in an inaccessible location the water operator shall immediately
notify the consumer to repair or relocate accessibility and if such
meter is not repaired or relocated by the owner within seven days
from the date of such notice the township water department is authorized
to shut off the water until necessary repairs or relocating are made.
The water meter shall be located at an outside wall of the structure.
c.
There shall be a fee of $125 for a water shut off for after hours
and weekends.
[Added 4-12-2022 by Ord. No. 3110-22]
[Ord. #1424, § 19; Ord. #1746; Ord. #2216, § 111]
a.
All water supplied to each consumer by the township, including temporary
service which can only be obtained upon the express approval of the
water department, shall be metered.
b.
A water meter shall be installed and a fee paid pursuant to Chapter
12-1.24a before water is made available for regular use.
[Ord. #1424, § 19; Ord. #1746; Ord. #2124, § 1;
Ord. #2216, § IV; Ord. #2279, § 1; Ord. #2474,
§ I; Ord. #2590, § I; Ord. #2659, § 1;
Ord. #2911-15]
a.
A consumer may test the accuracy of a meter at any time by drawing
water until the meter registers one or more cubic feet. Each cubic
foot of water equals approximately 7 1/2 gallons and weighs 62 1/2
pounds.
b.
Tests at the request of a consumer will be made for accuracy of water
meters by the water department upon payment of a fee based upon the
following schedule for such tests:
[Amended 4-12-2022 by Ord. No. 3110-22]
|
Meter Size
|
Test Fee
Effective 5-1-2022
|
Additional
|
|---|---|---|
|
5/8"
|
$75
| |
|
3/4" and 1"
|
$110
| |
|
1 1/2" and 2"
|
$200
| |
|
3" and greater
|
TBD at time of request
|
Flow tests of fire hydrants shall be done upon payment
of a fee of $350 per such test.
Requests for a fire Hydrant flow test on private property will
be conducted by the Lyndhurst Water Department at a cost of $350 per
fire hydrant.
The Lyndhurst Water Department assumes no responsibility for
the condition of the hydrant and any malfunction that may occur during
the test.
c.
All meters shall be tested periodically by the water department.
Meters having a size of three inches or greater will be tested annually
by the Township of Lyndhurst on site. All other meters will be tested
and replaced every 10 to 15 years as is necessary. All repairs and
replacements of the meters will be performed by the Township of Lyndhurst.
d.
Testing, replacement or repair of water meters may be ordered at
any time at the discretion of the water operator.
e.
No water meter shall be placed in service or remain in service if,
after test, it registers more than 102% or less than 98% of AWWA rating.
f.
In case of a disputed water bill which involves the accuracy of the
water meter, such meter shall be promptly tested. If an error in the
registration in excess of 2% is found to exist, then the water bill
will be adjusted accordingly, but the adjustment shall apply only
to the water used since the date of the water meter reading. Where
a meter has ceased to register altogether, water consumption may be
determined by the previous average registration while the water meter
was in working order or upon the best information available.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § I;
Ord. #2911-15]
a.
The location provided by a property owner for a meter shall be readily
accessible for reading and maintenance purposes and shall provide
adequate protection against damage to the meter. All meters hereafter
placed in buildings shall be located on an exterior wall of the structure,
or on the cellar floor as near as possible to the point of entrance
of the service, in a clean, safe, dry place, not subject to variation
in temperature, easily accessible for maintenance, installation or
disconnecting and for reading, and of a type suitable for the purpose
and location. When no suitable location for the meter can be obtained
in a building or when a building is distant from the street line or
curb line, the consumer may be required to provide a watertight pit,
chamber or vault for the meter near the property line. The consumer
shall take all proper precaution to protect the meter from injury,
frost and damage from hot water or steam. The owners of the premises
shall be liable for all damages or loss to the township from failure
to properly care for and protect the meters.
b.
Plumbing at the meter shall be arranged so that the water department
will not be required to do any pipe fittings but will only have to
connect the meter by means of unions already in place. The union connection
and any other piping required for installing the meter shall be installed
at the expense of the owner and shall remain as part of the permanent
piping of the building.
c.
A stopcock or gate valve shall be placed in the service line on the
street side of and near the meter, and a stopcock or gate valve on
the opposite thereof. A suitable check valve shall be placed between
the stopcock or gate valve and the meter if required by the water
department.
d.
The size and make of a given water meter shall be determined by the
owner or their representative.
e.
All new property owners in the township shall install a new outside
remote water meter reader at his expense and all work to be done by
a licensed plumber. All water meters and outside remote readers shall
be installed before final plumbing and occupancy approvals are issued.
[Ord. #1621; Ord. #1716; Ord. #1746; Ord. #1825, § 1;
Ord. #2026, § 1; Ord. #2123, § I; Ord. #2292,
§ I; Ord. #2379, § I; Ord. #2465, § 1;
Ord. #2590, § I; Ord. #2620, § I; Ord. #2659,
§ I; Ord. #2890-13; Ord. #2896-13; Ord. #2905-14; amended 11-13-2017 by Ord. No.
2979-17; 4-12-2022 by Ord. No. 3110-22; 11-21-2023 by Ord. No. 3179-23]
a.
Rates.
1.
Effective November 1, 2023, all the water taken or consumed through
the Township of Lyndhurst Water Utility shall be charged at a rate
of $4.75 per hundred cubic feet per each three-month period, provided
that the minimum charge to any one consumer shall not be less than
$38 for each three-month period, subject to the Township Board of
Commissioners making a change to the rate at any time by ordinance
or resolution.
Effective November 1, 2023, the minimum quarterly water charge
will include a minimum consumption charge of $15 per quarter or 3.158
hundred CF (at $4.75).
2.
Effective November 1, 2024, all the water taken or consumed through
the Township of Lyndhurst Water Utility shall be charged at a rate
of $5 per hundred cubic feet per each three-month period, provided
that the minimum charge to any one consumer shall not be less than
$39 for each three-month period, subject to the Township Board of
Commissioners making a change to the rate at any time by ordinance
or resolution.
Effective November 1, 2024, the minimum quarterly water charge
will include a minimum consumption charge of $16 per quarter or 3.200
hundred CF (at $5).
b.
In addition to the above charge for water taken or consumed, there
shall be levied an annual capital and maintenance charge, to be billed
quarterly, in accordance with the schedule set forth below. In consideration
for levying such service charge, the Township assumes full cost for
the maintenance and repair of any water mains (the piping system in
the public right-of-way) and water meters without any additional cost
to the consumer for maintenance and repair, but shall not include
meter replacement costs.
|
Minimum Charge for Maintenance and Repair (Quarterly-Residential)
| |
|---|---|
|
Meter Size
(inches)
|
Effective May 1, 2022
|
|
5/8
|
$23
|
|
3/4
|
$25
|
|
1
|
$33
|
|
1 1/2
|
$177
|
|
2
|
$281
|
|
3
|
$547
|
|
4
|
$848
|
|
6
|
$1,805
|
|
Note: the above quarterly minimum Maintenance and Repair charge
shall be added to the minimum quarterly water consumption charge,
$14, to determine the total minimum quarterly water charge (for example,
$37 for a 5/8" meter size).
|
c.
There shall be levied and collected annually by the collector of
taxes at the same time and in the same manner as the money raised
in the township for other purposes as are assessed, levied and collected,
a hydrant tax equal to $15 for each hydrant in the township which
tax shall be paid to the collector of taxes and be, by him, placed
to the credit of the water system.
[Ord. #1424, § 19; Ord. #1746; Ord. #2911-15]
Editor's Note: Ord. No. 3110-22 repealed prior § 12-1.11, Separate Meters for Lawn Sprinkler Systems. History includes Ord. #1424, § 19; Ord. #1746; Ord. #2911-15.
[Ord. #1600; Ord. #1746; Ord. #1846, § I; Ord.
#1855, §§ I, II; Ord. 2379, § II]
All bills for water shall be rendered four times each year for
all water consumed during the preceding three-month period and if
the same not be paid on or before the 30th day after the date stamped
on the bill interest equal to 18% per annum will be added. The three-month
period shall end on the first day of April, July, October and January
in each year. Any consumer objecting to a bill rendered must communicate
his objection in writing to the water department within 15 days after
the date of the bill and any complaint made thereafter the expiration
of the 15 days will not be considered. Where a water service connection
has been installed by the water department and has not been previously
paid for, the full cost of the service connection shall be paid for
by the owner when service is desired.
The water department shall determine if any previously installed
service connection is adequate for a new homeowner service, and if
not, a fee will be required for the installation of a new service.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1]
Complaints concerning the character of the service furnished
or the reading of meters or of bills rendered shall be made to the
water department in writing. A record of complaints will be maintained
by the water department to show the names and addresses of complainants,
dates and nature of complaints and the action taken thereon.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1]
a.
Only one house and its appurtenances will be supplied from a single
curb box and when the service pipe has been laid to the curb box in
front of any specified premises, it shall not be diverted therefrom
the supply any other premises even when the ownership may be the same.
b.
No cross connection or interconnection between the pipe lines or
other facilities of the water department and other pipe lines or facilities
supplied with water from other sources shall be permitted without
the consent of the director of public works and the water operator.
For any violation of the provisions of this section the supply of
water will be cut off.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1;
Ord. #2659, § 1; Ord. #2911-15]
a.
No person shall take the water from a public fire hydrant hose plug,
street washer or fountain pipe except for fire fighting purpose or
use by the fire department. No public fire hydrant shall be used for
sprinkling streets or lawns, flushing sewers or gutters, or for any
other purposes not connected with the fighting of the fire except
with the approval of the water operator. It shall be unlawful to cover,
hide or obstruct any fire hydrant with shrubs, fences, snow or objects.
Any person found violating this subsection shall be punished by a
fine up to $1,000.
b.
Private fire hydrants shall be inspected at least once a year and
a flow test shall be performed every five years. Inspection and flow
tests shall be done in accordance with the AWWA Installation, Field
Testing and Maintenance of Fire Hydrants (M17) manual. The Township
of Lyndhurst Fire Official shall have authority to enforce this testing
and flow test section.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1]
a.
No one except the water department employees shall tap the water
mains or the supply pipes and no one except the water operator or
some person under his direction shall turn the water on or off at
any curb box. No agent or employee of the water department shall have
the authority to bind it by any promise, agreement, or representation
which is in violation of the rules and regulations set forth herein
or any other rules and regulations hereinafter promulgated.
b.
Any person violating the provisions of this subsection shall, on
conviction of the first offense, be punished by a fine not exceeding
$500 or by imprisonment for any term not exceeding 90 days or both.
c.
The water department undertakes to use reasonable care and diligence
in providing a constant supply of water through its pipes, but it
does not undertake to render any special service or to maintain any
fixed or definite quantity or pressure. In the event of the occurrence
of any leak, break or failure in the water system or any accident
or injury connected with the system caused by the act of God, the
public enemy or by other cause without the fault and beyond the control
of the water department, the township shall not be liable for damages
resulting therefrom.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1]
The tampering with or interfering with, the operation of any
water meter will be regarded as an act of bad faith and the water
will be shut off for violation of this subsection and will not again
be turned on until the water therefor used shall be paid for besides
a fee of $10 for turning the water on or off and assurance satisfactory
to the water operator, be given that the act will not be repeated.
No person shall have or maintain a connection with the water main
unless his premises be supplied with an approved water meter. Violation
of this subsection not to exceed $500.
[Ord. #1424, § 19; Ord. #1476; Ord. #2344, § 1;
Ord. #2620, § 1; amended 12-12-2023 by Ord. No. 3185-23]
a.
Should a consumer for any reason wish to have water service discontinued,
the water department must be notified in writing at least two working
days in advance of the discontinuance of service, except in case of
emergency.
b.
Water service may be discontinued by the water department for any
of the following reasons without prior notice:
1.
Vacation of the premises.
2.
Neglect to make or renew advance deposits as required.
3.
Interference with or molesting any municipally owned pipe, meter,
valve, or other property.
4.
Refusal of access to the water department for purpose of inspection
or reading of meters or the removal, repair or replacement of meters
on any other property.
5.
Failure on the part of the consumer to maintain in proper working
order that portion of the water system for which the consumer is responsible.
6.
Where two or more consumers are supplied through a single service
line, any violation of the rules of the water departments with reference
to either or any of such consumers shall be deemed in violation as
to all, and the water department may take such action as is appropriate
in the case of a single consumer.
7.
Access must be gained a minimum of once a year for meter reading.
8.
Refusal of access to the Township or Contractor for purpose of inspecting
and replacing lead service pipes.
[Ord. #1424, § 19; Ord. #1746; Ord. #2474, § I;
Ord. #2620, § 1; Ord. #2911-15; amended 4-12-2022 by Ord. No. 3110-22]
Charges by the water department for discontinuance of water
services at the request or upon the fault of the consumer shall be
$500. No water account shall be made inactive until the discontinuance
of water service is completed, and the water meter removed.
Water supply shall be renewed when the reason for discontinuance
shall have been removed and upon payment of any unpaid charges due
from a consumer.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1]
The consumer's plumbing system starting at the curb box shall
conform to the requirements of the plumbing code of the township.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1]
The use of air conditioning systems utilizing water without
the provisions for recirculation is prohibited.
[Ord. #1424, § 19; Ord. #1746; Ord. #2474, § I;
Ord. #2620, § 1; Ord. #2659, § 1; Ord. #2911-15]
a.
An application shall be made in writing to the water department and
a prescribed fee paid before such connection with meter shall be installed.
Upon approval of the application and the payment of the fee the water
department shall install the new connection.
The applicant shall consult with the water department regarding
the size of a new water service connection.
b.
Water for construction purposes, except on a plot of ground or on
premises already supplied with metered water, shall be applied for
and such fees as may be prescribed shall be paid prior to the use
of any water. Water for building construction shall not be taken from
the fire hydrants of the township without written approval from the
water department. Water for construction purposes shall not be taken
directly from the curbstop but at a point at least 10 feet inside
the curb line. The consumer shall protect and be responsible for protecting
the curbstop and curb box from damage at all times.
c.
A flat rate, depending upon the type and size of construction shall
be made for water used in building construction with a charge of $20
per week for residential construction and $200 per week for commercial
construction or tank filling.
d.
A division of water may regulate the purpose for which the water
is used during construction, and may require the water to be metered.
e.
Only one service connection shall be supplied to a single building
or to a group of buildings occupied as a unit, provided however that
any business establishment occupying street level premises and having
a separate entrance thereto may be supplied with a separate service
connection. For the purpose of this section double houses having a
solid, vertical partition wall shall be considered as two separate
buildings. Water meters shall be located on an exterior wall of structure.
[Ord. #1424, § 19; Ord. #1746; Ord. #2216, § 1;
Ord. #2474, § 1; Ord. #2504, § I; Ord. #2512,
§ I; Ord. #2562, § 1; Ord. #2620, § 1;
Ord. #2659, § 1; Ord. #2727, § 1; Ord. #2911-15;
amended 11-13-2017 by Ord. No.
2979-17; 4-12-2022 by Ord. No. 3110-22; 11-21-2023 by Ord. No. 3179-23; 12-12-2023 by Ord. No. 3184-23]
a.
The township water department shall charge the fees set forth below
for the installation of new service lines to be installed by the water
department of the township:
|
Size
|
Short Tap w/out Excavation
|
Long Tap w/out Excavation
|
|---|---|---|
|
3/4"
|
$1,260
|
$1,440
|
|
1"
|
$1,500
|
$1,680
|
|
1 1/2"
|
$1,740
|
$1,920
|
|
2"
|
$1,980
|
$2,160
|
Water taps above two inches shall be the responsibility
of the contractor for the property owner who shall also be subject
to a reasonable inspection fee charged by the township engineer.
|
Size
|
Short Tap with Excavation
|
Long Tap with Excavation
|
|---|---|---|
|
3/4"
|
$4,455
|
$4,620
|
|
1"
|
$4,675
|
$4,840
|
|
1 1/2"
|
$4,895
|
$5,060
|
|
2"
|
$5,115
|
$5,280
|
Water taps on pipes greater than two inches shall be
the responsibility of the contractor for the property owner who shall
also be subject to a reasonable inspection and plan review fee charged
by the township engineer. An escrow account shall be established prior
to the commencement of work.
|
Water Meter Sizes and Costs
| ||||
|---|---|---|---|---|
|
Water Meter Size
|
Meter Only
|
Meter with couplings/flanges
|
With Wall Radio
|
With Wall Cellular
|
|
5/8" meter
|
$200
|
$290
|
Meter + $150
|
Meter + $225
|
|
3/4" meter
|
$270
|
$365
|
Meter + $150
|
Meter + $225
|
|
1" meter
|
$370
|
$470
|
Meter + $150
|
Meter + $225
|
|
1 1/2" meter
|
$880
|
$880
|
Meter + $150
|
Meter + $225
|
|
2" meter
|
$1,200
|
$1,200
|
Meter + $150
|
Meter + $225
|
|
3" meter
|
$3,300
|
$3,300
|
Meter + $150
|
Meter + $225
|
|
4" meter
|
$5,000
|
$5,000
|
Meter + $150
|
Meter + $225
|
|
6" meter
|
$7,300
|
$7,300
|
Meter + $150
|
Meter + $225
|
|
Radio Wall Unit Only
|
—
|
$150
|
—
|
—
|
|
Cellular Wall Unit Only
|
—
|
$225
|
—
|
—
|
|
*Price for 8" or larger will be quoted upon request.
| ||||
|
*The Lyndhurst Water Department will determine whether a wall
radio or cellular is needed.
| ||||
b.
Any cost above the listed prices shall be paid for by the customer
purchasing the meter. In addition to the charges in the schedule of
fees, the water department shall determine the cost incurred by the
township for removing and replacing of concrete and asphalt on state
highways, county roads, and municipal roads together with any special
equipment, which costs shall be paid by the owner of the premises
wherein the water service shall be installed. The water department
shall have the exclusive right to determine whether any previously
installed service connection is adequate for the new service. If not,
the water department may determine that a new service must be installed
and a fee be paid at the rate set forth hereinabove. The full cost
of any meter not listed herein shall be paid for by the customer.
c.
In newly developed areas where water service connections have been
installed by the developer, a fee shall be charged by the water department
for connecting the service, which fee shall be determined by resolution
of the board of commissioners.
d.
No hydrant where possible shall be moved or removed, at a property
owner's request until a fee to be determined by the water department
for such removal or new installation be paid for to the water department.
e.
Road Opening Permit. No road shall be opened for a sewer, gas, water
or any underground utility connection until after the expiration of
five years from the date that the township paved said road. In addition
to the above charges, the owner shall be charged the sum of $1,000
to open the road. The excavator is responsible for closing the road
and applying appropriate asphalt or concrete upon completion of the
work. The excavator shall pave the street from the center line of
trench 5 feet in both direction of the trench curb to curb. All backfill
shall be completed with quarry process or crushed stone compacted
every two feet depth with appropriate compacting equipment. The contractor
shall post with the township a performance and maintenance bond totaling
$5,000 which shall be refunded to the contractor one year after the
completion of the work provided that no maintenance and/ or repairs
were required to the site.
f.
Commercial meter maintenance fees. The owners of commercial property shall be charged a monthly maintenance fee based upon the following schedule. In addition to the water consumption fee, $4.75 per hundred CF stipulated in Subsection 12-1.10 a and b, commercial water users shall pay the following maintenance fee:
Effective May 1, 2022, the minimum quarterly water charge will
include a minimum consumption charge of $14 per quarter or 3.111 hundred
CF (at $4.75).
Effective November 1, 2023, the minimum quarterly water charge
will include a minimum consumption charge of $15 per quarter or 3.158
hundred CF (at $4.75).
Effective November 1, 2024, the minimum quarterly water charge
will include a minimum consumption charge of $16 per quarter or 3.200
hundred CF (at $5).
|
Minimum Charge for Maintenance and Repair (Quarterly-Commercial)
| |
|---|---|
|
Meter Size
(inches)
|
Effective May 1, 2022
|
|
5/8
|
$35
|
|
3/4
|
$50
|
|
1
|
$75
|
|
1 1/2
|
$171
|
|
2
|
$280
|
|
3
|
$468
|
|
4
|
$780
|
|
6
|
$1,549
|
|
8
|
$2,350
|
Note: The above quarterly minimum Maintenance and Repair
charge shall be added to the minimum quarterly water consumption charge.
The Township shall be responsible for the maintenance, repair
and replacement of all commercial meters. The monthly charge shall
be included in the periodic water bill to the property owner and shall
be a lien on the real property.
[Ord. #1424, § 19; Ord. #1746; Ord. #2427, § I;
Ord. #2620, § 1]
a.
The water department may refuse to connect to any consumer's piping
system or to supply water to a system, if such system has not been
designed or installed in accordance with the plumbing code of the
township or if any parts of the piping system have not been installed
at sufficient depth to prevent freezing.
b.
The water department shall not be responsible for any inadequacy
of water service, should the consumer make alterations, changes, or
additions to an existing system without notifying the water department
in advance of any proposed alterations, changes or additions.
c.
The owner of any property to be used for residential purposes, including
multi-family dwellings shall be required to replace the existing water
service pipe and water service connection and install a new water
service pipe and connection from the building to the water main located
in the street. This section shall not apply to existing residential
or multi-family uses but shall be effective upon new construction
or major renovation of existing buildings.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1;
Ord. #2911-15]
a.
The service pipe is to be kept in repair by the owner together with
the meters in excess of 5/8 inch, that there may be no leakage or
unnecessary waste. Where leaks exist the water operator will turn
off the water without notice, thought to be necessary, otherwise notice
will be given. If such leaks are not immediately repaired the water
will remain turned off until repairs are made.
b.
Commercial service pipes and private fire service shall be the responsibility
of the premises owners to make the necessary repairs to the pipes
from the water supply mains to the premises at the owner's expense.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1]
The application for a water connection herein provided for,
shall be taken in all cases to be a consent by the applicant, owner
or occupant to enter the premises for inspection of the meter, pipes
and appliances leading thereto by the water department or other agent
of the township.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1]
All service connections shall be laid in a trench not less than
3 1/2 feet deep from the main to the curb box and also from the
curb box to the foundation of the house or other structure. All service
connections and water boxes shall be placed so as to be free from
obstruction by vehicles, driveway, and trees. No service connection
or connections shall be laid from one house to another.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1]
When more than one occupant of a building is supplied with water
through a single service connection, the bill for the whole supply
furnished by such single connection will be made to the owner in one
amount and no partial payments therefor accepted. In case of non-payment
the water may be shut off notwithstanding one or more of the occupants
may have paid his proportionate share to the owner.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1]
No connection whatever shall be made with the service pipes
between the main and the meter; after violation service will be discontinued
to be renewed only upon the terms made by the commissioner of department
of public works and/or water operator.
[Ord. #1424, § 19; Ord. #1746; Ord. #2474, § I;
Ord. #2620, § 1; Ord. #2659, § 1; amended 4-12-2022 by Ord. No. 3110-22]
Private fire service. When in the judgment of the water department
it is practical, private fire service connections may be allowed for
hydrants, hose connections or fire sprinkler systems on private property.
(A valve shall be installed at the curb lines on all fire line services.)
The property owner shall pay a monthly charge to the township as follows:
|
Size of Service
|
Monthly Charge
|
|---|---|
|
2"
|
$14
|
|
4"
|
$55
|
|
6"
|
$125
|
|
8"
|
$212
|
|
10"
|
$312
|
|
12"
|
$437
|
The monthly charge shall be included in the periodic water bill
to the property owner and shall be a lien on the real property.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1]
a.
No company or person shall undertake the thawing of water service
pipes or mains by use of electric current without authorization and
supervision of the water department.
b.
The services of the water department inspector shall be paid for
at the rate of $50 per hour by the company or individual to whose
work he is assigned.
[Ord. #1679; Ord. #1746; Ord. #2216, § II; Ord.
#2620, § 1; Ord. #2911-15; amended 4-12-2022 by Ord. No. 3110-22]
a.
Meter Reader to Be Purchased by Water Department. No outside remote
water meter readers shall be installed on any building or structure
in the township unless the outside remote water meter reader shall
have been purchased from the township water department.
b.
Application for Purchase; Installation. Prior to the installation
of a remote water meter reader, the water consumer or licensed plumber
shall make application to the water department for the purchase of
an appropriate size outside remote water meter reader at a cost to
be determined by the water department. The remote outside water meter
reader may be installed by the purchaser for the building or structure
or a designated plumber on behalf of the water consumer provided that
before the operation of the outside remote water meter it be inspected
and accepted by the water department.
c.
Charges. After acceptance of the installed outside remote water meter
reader by the water department the remote water meter readers shall
be maintained by the water department at no charge to the water consumer.
d.
New Construction. No permits for water meter installations shall
be issued by the water department for new construction wherein a water
meter shall be necessary unless provisions are made for the installation
or new construction for outside remote water meter reader.
e.
Any damage
or removal of Township water meters or reading devices due to construction
or renovations to the property which cause the Water Department to
repair or replace a fee of $200 or cost of repair, whichever is greater,
shall be levied on the homeowner or property owner for the damage.
[Added 12-12-2023 by Ord. No. 3185-23]
[Added 12-12-2023 by Ord. No. 3185-23]
It is hereby established that the existence of lead service
lines and lead service pipes are prohibited in the Township of Lyndhurst.
[Added 12-12-2023 by Ord. No. 3185-23]
A property owner may be excluded from the mandatory lead service
line and pipe replacement requirement by providing to the Township
written proof from a licensed plumber that it does not have a lead
service pipe on its premises or property and/or that the lead service
pipe was previously removed and replaced.
[Added 12-12-2023 by Ord. No. 3185-23]
The owner of any premises serviced by a lead service line and
pipe is required to have the lead service pipe on their property replaced
in accordance with the following options:
a.
Participation in the Lead Service Line Replacement Program offered
by the Township at no cost to the owner and allowing contractors to
access their property to verify the existence of a lead service pipe
and to conduct the replacement; or
b.
Replacing the lead service pipe on their own and at their own expense.
If an owner selects this option, the owner is required to provide
the Township with proof that the lead service pipe has been replaced.
Proof must include at a minimum: a permit issued by the Township to
a licensed plumber authorized to do the work; an invoice from the
contractor who completed the work; a copy of the estimate along with
any report of the work completed, and an inspection report verifying
the removal.
[Added 12-12-2023 by Ord. No. 3185-23]
b.
Whenever the Contractor is unable to access premises to either identify
and/or replace a lead service pipe, then:
1.
The Township or contractor shall send by regular mail to the owner
of the premises as reflected on the tax rolls at the address stated
therein a notice that the Township or contractor has been unable to
gain access to the premises and requests that the owner communicate
with the Township or contractor within two weeks of the date of the
letter to set a reasonable date and time when such access can be achieved;
2.
At the same time, the Township shall post a copy of the letter on
the premises;
3.
If access is not achieved or arranged within 30 days of the transmittal
of the letter by the steps in paragraphs 1 and 2 above, the Township
or contractor shall send a second notice by regular mail; and
c.
If an owner of the premises does not participate in the Lead Service
Line Replacement Program or is inaccessible or otherwise denies access
to the property to enable the replacement of the lead service pipe
after notices in accordance with this section, then the Township may
proceed as follows:
1.
The Township may secure entrance to the property from the owner or
current occupant of the premises, and the Township shall incur no
liability from the owner. The contractor will provide the owner with
a Right of Entry form for completion. The Right of Entry form will
provide the contractor with access to the property to verify the existence
of a lead service pipe.
2.
If access is granted by the occupant of the premises, then the occupant
shall be held harmless and no liability shall incur to the Township,
contractor or occupant due to the replacement of the lead service
line by the Township or its contractor; and
3.
If access is denied by the current occupant or owner, then the Township
may commence procedures, including filing a court action, to conduct
the replacement of the lead service pipe at the owner's expense
or may seek a court order requiring the owner to replace the Lead
Service Pipe within 90 days, at owner's sole cost and expense.
[Added 12-12-2023 by Ord. No. 3185-23]
a.
Upon the sale or transfer of ownership of any premises, the owner must provide proof that the lead service pipe has been replaced (or that the property is excluded from the requirement pursuant to § 12-1.33.2) in order to secure a Certificate of Occupancy, Certificate of Code Compliance, and Smoke and Carbon Monoxide Detector Certificates.
b.
Upon the sale of any Township-owned property, within 90 days of the closing, the buyer is responsible for replacing the lead service pipe, by either participating in the Town's Lead Service Pipe Replacement Program or replacing the lead service line at its sole cost in accordance with § 12-1.33.3(b).
[Added 12-12-2023 by Ord. No. 3185-23]
In addition to the imposition of penalties pursuant to § 12-1.18 and § 12-1.19, if the lead service line replacement is not performed by the owner within 90 days after final notice by the Township, the owner shall be subject to a fine of at least $500 but not exceeding $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not to exceed 90 days or both and each and every day that any violation continues shall be deemed to be and shall be a separate offense separately punishable as aforesaid.
[Ord. #1424, § 19; Ord. #1746]
By reason of the long continued unprecedented droughts that
occur from time to time in this area of the state which result in
a dangerous lowering of the township's potable water supply and because
experience has demonstrated that appeals for voluntary aid in water
conservation are not as effective as necessary, the board of commissioners
find that the adoption of this section is necessary for the public
health and welfare and in public interest.
[Ord. #1424, § 19; Ord. #1746]
Whenever the average amount of water in the reservoirs supplying
the township in any one month falls 20% below the average amount of
water in storage for the corresponding months of the five year period
immediately preceding, the director of the department of public works
may, for the protection of health, safety and general welfare of the
citizens and residents of the township, proclaim the existence of
a water emergency and prescribe regulations to:
[Ord. #1424, § 19; Ord. #1746]
The proclamation of an emergency shall be conclusive of the
fact of the existence of such emergency and shall be binding upon
all persons and users upon the filing of the same in the office of
the township clerk and publication thereof at least once in the Commercial
Leader, a newspaper published and circulating in the township. The
regulations set forth in the proclamation and any subsequent regulations
made and published as aforesaid upon filing thereof in the office
of the township clerk shall be deemed to have the force and effect
of regulations adopted under the authority of this section, the same
as if specifically incorporated and set forth herein. Every owner,
lessee, tenant and occupant of any building or premises connected
with the municipal water shall, upon the proclamation and promulgation
of the regulations of this article, conform thereto and comply therewith
in the use of water and the maintenance of the water service connections
and equipment for the purpose thereof.
[Ord. #1424, § 19; Ord. #1746]
a.
Every owner of buildings and premises connected with the municipal
water supply shall:
b.
Every lessee, tenant and occupant of any building or premises connected
with the municipal water supply shall:
c.
Every owner and user of water shall, during the period of a water
emergency, be chargeable with notice of any waste of water due to
defective water service pipes, fixtures or connections and of the
regulations promulgated under the proclamation.
[Ord. #1424, § 19; Ord. #1746]
Whenever an owner shall fail or refuse to make repairs so as
to prevent the waste of water, then the township shall have the power
to make such repairs and to charge the cost thereof to the owner in
the same manner as other water charges are made, as by the statutes
and ordinances provided, or to shut off the water from such premises
until such repairs are made by the owner.
[Ord. #1424, § 19; Ord. #1746; Ord. #2620, § 1]
Any person, firm or corporation violating the provisions of
this section where no penalty has been set shall be punished by a
fine not less than $500 nor more than $2,000 or by imprisonment for
any term not exceeding 90 days or both and each and every day that
any violation continues shall be deemed to be and shall be a separate
offense separately punishable as aforesaid.
[Ord. #1631, § 1; Ord. #1836, § 1]
As used in this section:
Shall mean all waste other than waste generated by residential
dwellings, office buildings, retail sales, and nonprofit organizations.
[Ord. #1631, § 2; Ord. #1838, § I]
No person shall discharge or cause to be discharged into the
sanitary or storm sewer system of the township any commercial or industrial
waste unless and until a permit is obtained as hereinafter provided.
[Ord. #1631, § 3; Ord. #2216, § V; Ord.
#2427, § II; Ord. #2474, § I]
a.
Permits may be granted by the township to make connections with the
sewer system for the discharge of industrial or commercial waste consisting
of water, or other fluid that will not deposit a sediment or other
obstruction, and which will also conform to the rules and regulations,
now or hereafter established by the "Joint Meeting, North Arlington
and Lyndhurst and Passaic Valley Sewerage Commission," concerning
the receipt and the treatment of industrial or commercial waste. A
written application for such permit shall be made to the department
of public works upon forms provided for the purpose and the applicant
shall pay a fee of $50 to cover examination and processing thereof,
which application shall, among other things, state:
1.
The full name and address of the applicant. If the applicant be a
partnership, the full names and addresses of all the partners shall
be stated; if a corporation, that fact shall be stated.
2.
The nature of the business or industry of the applicant.
3.
The location and dimensions of the premises upon which the business
or industry is to be or is carried on, together with a simple plan
showing the several boundary lines of the property and the location
and dimensions of all buildings thereon.
4.
The character, chemical content, and physical and chemical properties
of the industrial or commercial waste proposed to be deposited in
the sewer system.
5.
The approximate quantity of industrial or commercial waste to be
deposited in the sewer system.
6.
The hours of each day, during which said industrial or commercial
waste will be deposited in the sewer system.
7.
Where practicable data indicating the hours of peak, minimum and
mean-flow of such industrial or commercial waste into the sewer systems,
which data may, and at the special request of the township, be submitted
in the form of a chart or graph.
8.
Such other or further information or data as the township may require.
b.
The township shall determine the terms and conditions, if any, for
the granting of the permit to deposit industrial or commercial waste
in the sewer system (should such applicant's application be approved
by it), and each and all of such terms and conditions shall be placed
on the written permit.
c.
Any changes in the quantity, character, chemical content, or in the
physical and chemical properties of the industrial or commercial waste
of any holder of a special permit granted under this section which
occur after a permit has been granted or which occur in the interval
between the filing of the application for a permit and the issuance
of same shall be forthwith reported in writing to the township.
d.
Permits may be granted by the township to make connections with the
sewer system for the discharge of residential waste consisting of
water, or other fluid that will not deposit a sediment or other obstruction,
and which will also conform to the rules and regulations, now or hereafter
established by the "Joint Meeting, North Arlington and Lyndhurst and
Passaic Valley Sewerage Commission," concerning the receipt and the
treatment of residential waste as well as each and all of the provisions
of this section, as well as the rules and regulations of the "Passaic
Valley Sewerage Commission" concerning the receipt and treatment of
residential waste. A written application for such permit shall be
made to the department of public works upon forms provided for the
purpose. The applicant shall pay a fee of $100 to cover examination
and processing thereof, which application shall, among other things
state:
1.
The full name and address of the applicant.
e.
The owner of any property to be used for residential purposes, including
multi-family dwellings shall be required to replace the existing sewer
lateral and construct and install a new sewer line from the building
and to connect same to the sewer main located in the street. This
section shall not apply to existing residential or multi-family uses
but shall be effective upon new construction or major renovation of
existing buildings.
[Ord. #1631, § 4]
Any person who is already depositing industrial or commercial waste into the sewer system of the township, shall within 30 days following written request from the board of commissioners, file with the department of public works a written application for a permit to continue to do so, which application shall contain the matters and things specified in subsection 12-3.3.
[Ord. #1631, § 5]
The granting of a permit by the board of commissioners to discharge
industrial or commercial waste into the sewer in any one or more instances
shall not be construed in such ways as to establish a precedent binding
upon the board of commissioners which will compel to grant future
applications for a permit to discharge the same or similar industrial
or commercial waste into the sewer system. Moreover, such permit,
when granted, shall not be deemed to be a continuing right to discharge
industrial or commercial waste into the sewer system, but instead
such permit may be modified or revoked at any time, in addition to
other causes for modification or revocation contained herein, by the
board of commissioners when it is determined by it that the terms
and conditions of the permit have been violated, or that the licensee's
deposits in the sewer system will overburden its capacity or impair
its operation to the detriment of other users of the sewer system.
In addition, such permit may be modified or revoked for any other
cause deemed good and sufficient therefor by the board of commissioners.
[Ord. #1631, § 6]
Where deemed necessary by the board of commissioners the discharge
of industrial or commercial waste into the sewer system, when permitted
by the board of commissioners as herein provided for, shall be by
a separate connection from that used for the discharge of domestic
waste.
[Ord. #1631, § 7; Ord. #1729, § 1; Ord.
#1826; Ord. #1836, § 2; Ord. #1856, § 1; Ord.
#2590, § I; Ord. #2620, § 1]
a.
As it is the township's goal to encourage the conservation of water
all users of the sanitary sewer system of the township shall pay a
rental fee for the discharge of waste in the sanitary sewer system.
Such fee shall be based on the total water discharge into the sanitary
sewer system, as determined by water meter readings and/or well meter
readings and/or sanitary sewer meters or other data as taken by or
supplied to the water department and shall be paid in accordance with
the following schedule:
|
Water Utility Users
| |
|---|---|
|
Up to 10,000 cubic feet per water utility user unit per 1/3
of a year
|
No charge
|
|
Over 10,000 cubic feet per water utility water user unit per
1/3 of a year
|
$2 per 100 cubic feet
|
Well users shall be billed at the rate of $0.50 per
100 cubic feet for the entire amount of water metered. Properties
with mixed residential and nonresidential users shall only be entitled
to the residential exemption if there is a separate meter for the
nonresidential user. Any user utilizing a meter for discharge into
the sanitary sewers shall be billed upon the metered discharge.
b.
Additional Fees. In addition to the fees prescribed in paragraph
a hereof the township shall charge such sewer fees as may be adopted
by resolution of the board of commissioners, as recommended by the
director of the department of public works, for services performed
by the employees of the township. All bills paid beyond the period
of 30 days after they are due shall be paid together with interest
at the rate of 18% per annum.
[Ord. #1631, § 8]
The owner of any property on which there is located a privately
owned water well, which is connected to a water system that is eventually
discharged into the sanitary sewer system of the township shall install
and maintain water meters on the wells for the computation of the
sewer rental fee for such property.
Such water meter shall be of a type and design approved by the
department of public works and shall be installed by the owner at
his own cost and expense within 30 days after the adoption of this
section.
[Ord. #1631, § 9; Ord. #1836, § 3]
a.
It shall be unlawful for any person or corporation to make an excavation
in or tear up the surface of any township roads, without a permit
in writing from the department of public works.
b.
Applicants shall specify on the permit the date on which the excavation
is to be made, the purpose of the opening, and the location. No openings
shall be made on Saturdays, Sundays, or holidays, unless an emergency
exists.
c.
The department of public works will furnish an inspector from the
time the road is to be opened, until the backfilling with approved
materials, has been completed.
d.
The permittee shall maintain safe crossing along the lines of the
opening and keep same properly guarded by suitable barricades and
warning signs during the day and by barricades and lights at night.
[Ord. #1631, § 10]
Every person discharging industrial or commercial waste into
the sewer system by virtue of a permit granted by the board of commissioners
for the purpose, as provided for herein, shall at all times, permit
the inspection of waste by the agents or employees of the township,
the "Joint Meeting, North Arlington, Lyndhurst and the Passaic Valley
Sewerage Commission," and, when ordered by the board of commissioners,
shall cause such wastes to be pretreated, so that same shall comply
with the terms of this section, the terms and conditions under which
the permit was granted, the rules and regulations of the "Joint Meeting,
North Arlington and Lyndhurst" and the rules and regulations of the
"Passaic Sewerage Commission." Refusal to permit inspection of waste
or refusal to obey an order to treat same shall be deemed a violation
of this section sufficient to cause a revocation of the permit.
[Ord. #1631, § 11]
Grease traps or other appliances may be necessary to protect
the sewer system from stoppage, shall be installed by the owners or
the occupants of any property at its or his expense when notified
by the board of commissioners in writing to make such installation.
Upon failure or neglect of any such owner or occupant to comply with
such notice in addition to the penalties hereinafter provided for
violations of this section, the permit of such person to discharge
industrial or commercial waste into the township sewer system may
be revoked by the board of commissioners.
[Ord. #1631, §§ 12, 13]
a.
Should the board of commissioners revoke a permit to discharge industrial
or commercial waste into the sewer system the discharge of such industrial
or commercial waste therein by the person affected by such revocation
shall be immediately discontinued and shall not thereafter be resumed.
Any person who discharges industrial or commercial waste into the
sewer system after such revocation shall, for each day on which such
discharge occurs, be deemed to be guilty of a separate violation of
this section and shall be separately punished for each such violation.
b.
Should the board of commissioners modify a permit to discharge industrial
or commercial waste into the sewer system the subsequent discharge
of industrial or commercial waste therein by the person affected by
such modification shall be in strict conformity with such modification
or modifications. Any person who discharges industrial or commercial
waste into the township sewer system after a modification of such
permit, in violation of the terms of such permit as modified, shall,
for each day on which such a discharge occurs, be deemed to be guilty
of a separate violation of this section and shall be separately punished
for each violation.
[Ord. #1631, § 14]
The right is reserved by the board of commissioners to stop
and prevent at any time the discharge into the sewers or laterals
of any industrial or commercial waste.
[Ord. #1631, § 15]
Disposal into the sewer system by any person shall not be permitted
unless the waste material is in compliance with standards promulgated
pursuant to the Federal Water Pollution Control Act of 1972 as amended
plus any more stringent standards promulgated by the State of New
Jersey, Township of Lyndhurst, Passaic Valley Sewerage Commission
and the Lyndhurst-North Arlington Joint Meeting.
[Ord. #1631, § 16]
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, uncontaminated
cooling water subject to the other provisions of this section or unpolluted
industrial process waters into the sanitary sewer system.
Stormwater and all other unpolluted drainage shall be discharged
into such sewers as are specifically designated as storm sewers, or
to a natural outlet approved by the township engineer or other designated
municipal authority. Uncontaminated cooling water or unpolluted industrial
process water shall be discharged into a storm sewer or natural outlet
upon the approval of the township engineer or other designated municipal
authority.
[Ord. #1631, § 17]
Except as hereinafter provided, no person shall discharge or
cause to be discharged, or allow to run, leak or escape into the aforementioned
sewer system, any of the following described materials, wastes or
substances, except such small quantities as may be presented in normal
household wastes:
a.
Any gasoline, benzene, naphtha, fuel oil or other explosive liquids,
solids, or gases.
b.
Any waters or wastes containing toxic or other poisonous substances
or gases in sufficient quantities, either singly or by interaction
with other wastes, to injure any sewage-treatment structure or equipment;
or which constitute a hazard to humans, or animals, or create a public
nuisance or interfere with the beneficiary uses of the receiving waters.
c.
Any waters or wastes having a corrosive property capable of causing
damage or hazard to structures, equipment or personnel of the sewerage
works.
d.
Solid or viscous substance in quantities or of such size and volume,
capable of causing obstruction to the flow in sewers, or other interference
with the proper operation of the sewage works such as, but not limited
to: ashes, bones, cinders, coffee grounds, construction materials,
containers, etc., either whole or shredded, dead animals, entrails,
feathers, fur, glass, hair and fleshings, leaves, mud, paper dishes,
cups, plastic, rags, sand, shavings, straw, unshredded vegetables,
vegetables in bulk, wax and wood.
e.
Any liquid or vapor having a temperature higher than 150° F.
and 65° C.
f.
Any waste or water which may contain petroleum hydrocarbons, such
as grease, oil and oil sludges from garages, repair shops, machine
shops, industrial establishments, in concentrations in excess of 100
mg. per liter. However, fats and greases such as those derived from
cooking and food processing may be discharged to sewers, provided
that the concentration and physical dispersion of the fats and greases
does not result in separation and the adherence to sewer structures
or appurtenances. If structures, or if such material cause blockage
in the sewer system, then the waste water carrying such materials
must be effectively treated by a process or device such as a grease
trap or interceptor before it is discharged into sewers.
g.
Any substances which may solidify or become viscous between 32°
and 150° F.
h.
Coal, tar, its derivatives and waste.
i.
Paints and waste products from paint manufacturing.
j.
Water or wastes having a pH lower than 4.5 or higher than 9.5 or
having any other corrosive property apt to cause damage or hazard
to structures, equipment of the sewer systems or personnel employed
in its operation.
k.
Any noxious or malodorous gas or substance capable of creating a
public nuisance.
l.
Any natural drainage, or recycled river, harbor or ocean waters.
[Ord. #1631, § 18]
The discharge of garbage or refuse, whether shredded or unshredded,
shall not be permitted into the sewer system, except that, properly
shredded garbage from household grinders will be accepted.
When, in the opinion of the township engineer, the solids in
an industrial waste require comminution before discharge to the system
not only must the necessary comminution facilities be approved for
adequacy, but also the operating results shall satisfactorily abate
the problem which such solids may tend to create in the water system.
[Ord. #1631, § 19]
Any physical connection to a public sewer, building sewer, or
to a private sewer connected to a public sewer, from vessels, tanks
or containers receiving any of the hereinbefore mentioned materials
and substances from which quantities of the aforesaid prohibited materials
or substances could accidentally be discharged directly or indirectly
into the aforementioned sewer system is prohibited. Precautions shall
be taken to prevent accidental spillage of any of the hereinbefore
mentioned material to floor drains, basins, downspouts, gutters, etc.,
from any manufacturing process or storage vessel.
[Ord. #1631, § 20]
The control of all odors emanating from a building sewer shall
at all times be the responsibility of the owner of the connection.
Such person shall take all necessary steps to eliminate undue odors,
at their source or to install means and methods, such as traps, drafts,
stacks, flap valves or other devices to prevent the discharge or development
of offensive odors within the sewers. The cost of such devices and
all attendant expenses shall be borne solely by the owners of the
premises.
[Ord. #1631, §§ 21, 22]
a.
Where determined necessary to insure compliance with the provisions
of this section the board of commissioners may require major contributing
industries to pretreat their waste material in accordance with pretreatment
standards promulgated by the Federal Government and any of the standard
developments of the State of New Jersey, Township of Lyndhurst, Passaic
Valley Sewerage Commission and the Lyndhurst-North Arlington Joint
Meeting.
b.
Industries requiring approval before discharge of wastes include
any industry producing waste with strong acid or alkaline reactions
or which will form deposits or cause damage to the sewers or to appurtenances
of sewage-treatment works. The process or processes employed in the
pre-treatment of such wastes shall in each case be satisfactory to
and shall have the written approval of the township engineer.
[Ord. #1631, § 23]
a.
When required by the township, the owners of any property served
by a building sewer carrying industrial wastes shall install a suitable
control manhole in the building sewer to facilitate observation, sampling,
and measurement of wastes. Such manhole, when required shall be accessible
and safely located and shall be constructed in accordance with plans
approved by the township. The manhole shall be installed by the owner
at his expense, and shall be maintained by him.
b.
All measurements, tests and analyses shall be taken by the township
of the characteristics of waters and wastes and shall be determined
in accordance with American Public Health Association Standard Methods
for the Examination of Water and Sewage, and shall be determined upon
suitable samples taken at the 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.
c.
The township and its duly authorized officers and employees 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 section.
d.
The township may assess the property owner for the reasonable costs
monitoring the discharge into the sanitary sewer system including
the costs of analyzing the discharge.
[Ord. #1631, § 24]
a.
Whenever it is claimed that the provisions of this section do not
apply, or that the true intent and meaning of the section has been
misconstrued, or that a decision of a township official made hereunder
has been an improper one, or for any other grievance arising hereunder,
the aggrieved claimant, may appeal the decision or the grievance in
writing to the board of commissioners, in which event the matter will
be set down for a special hearing, at which time all interested persons
shall present evidence relevant to the subject matter of the hearing.
Notice of the hearing in writing shall be given to the aggrieved claimant
at least 10 days in advance by mailing same to the claimant's last
post office address.
b.
The board of commissioners shall have the authority to modify any
of the provisions of this section where it finds there are practical
difficulties in the way of carrying out the strict letter of the section
or where the proofs indicate that the section is unreasonable, arbitrary,
discriminatory or confiscatory in its application to any user, provided
that the spirit of the section shall be observed, the public health,
safety and welfare secured and substantial justice done. The burden
of proof shall be on the user (aggrieved claimant).
c.
Appeals shall be made 45 days after the grievance arises or after
the rendering of a decision by the township official.
[Ord. #1631; Ord. #2616, § 1]
Any person who shall violate any of the provisions of this section
shall, upon conviction, be subject to a fine of not less than $150
and not more than $1,000 for each and every offense; or imprisonment
in the county jail of not more than 90 days; or to a period of community
service not exceeding 90 days at the discretion of the municipal court
judge. Each and every day in which a violation of any provision of
this section exists shall constitute a separate violation.
[Ord. #1987]
a.
Whenever used in the within subsection, the following terms shall
have the following meaning:
1.
Floatable oil shall mean oil, fat or grease in a physical state such
that it will separate by gravity from wastewater by treatment in an
approved pretreatment facility. A wastewater shall be considered free
of floatable fat if it is properly pretreated and the wastewater does
not interfere with the collection system.
2.
Natural outlet shall mean an outlet, including storm sewers and combined
sewer overflows, into a watercourse, pond, ditch, lake or other body
of surface or groundwater including the Passaic River or any of its
tributaries.
3.
Sanitary sewer shall mean a sewer that carries liquid and water-carried
wastes from residences, commercial buildings, industrial plants, and
institutions together with minor quantities of ground, storm and surface
waters that are not admitted intentionally.
4.
Sanitary waste shall mean waste derived principally from dwellings,
office buildings, and sanitary conveniences. When segregated from
industrial wastes, may come from industrial plants or commercial enterprises.
5.
Sewage shall mean the spent water of a community. The preferred term
is "wastewater."
6.
Sewer shall mean a pipe or conduit that carries wastewater or drainage
water.
7.
Storm drain (sometimes called storm sewer) shall mean a drain or
sewer for conveying water, groundwater, subsurface water, or unpolluted
water from any source.
8.
Strength of waste shall mean a measurement of suspended solids, and/or
biochemical oxygen demand and/or chemical oxygen demand, and/or any
other parameter determined by PVSC as a fair indicator of the relative
use, other than volumetric, of PVSC facilities by industrial wastes.
b.
It shall be unlawful to discharge into any natural outlet within
the municipality any waste water or other polluted waters, except
where suitable treatment has been provided and where a National Pollution
Discharge Elimination System permit has been obtained from the appropriate
governmental authority, where required.
c.
No person shall make connection on roof downspouts, foundation drains,
areaway drains, or other sources of surface runoff or groundwater
to a building sewer or drain, which in turn is connected directly
or indirectly to a public sanitary sewer unless approved by the municipality
for purpose of disposal of polluted surface drainage.
d.
The governing body shall appoint or designate some suitable person
to administer the within subsection.
e.
All users of the wastewater facilities shall comply with the requirements
of the written rules and regulations of the PVSC which have been adopted
and which from time to time shall have been adopted, which regulations
shall become effective upon filing of certified copies in the office
of the municipal clerk after the effective dates of the within subsection.[1]
[1]
Editor’s Note: This subsection was adopted by Ordinance
No. 1987 on April 15, 1986.
f.
Violations of any of the provisions of the within subsection or any
permit issued under the authority of the within subsection may result
in the termination of the permit and/or the termination of the authority
to discharge into the system.
g.
Any person violating any of the provisions of the within subsection
shall, upon conviction, be subject to a fine not to exceed $500 or
imprisonment not to exceed 90 days, or both. Each and every day in
which a violation of any provision of this subsection exists shall
constitute a separate violation.
h.
No ordinance heretofore adopted by the municipality shall be effected
by the within subsection except that if any provisions of the prior
ordinance is in conflict with the provisions of the within subsection,
the provisions of the within subsection shall control.
[Ord. #1651, § 1]
As used in this section:
Shall mean oil, fat or grease in a physical state such that
it will separate by gravity from wastewater by treatment in an approved
pretreatment facility. A wastewater shall be considered free of floatable
fat if it is properly pretreated and the wastewater does not interfere
with the collection system.
Shall mean a charge to industrial users based on its use
of PVSC facilities to repay the capital cost outlay of the federal
share given PVSC under the provisions of applicable federal law allocable
to the treatment of the wastes from the industrial user.
Shall mean any nongovernmental user of PVSC facilities identified
in the Standard Industrial Classification Manual 1972 as amended and
supplemented under Divisions A, B, D, E or I. A user may be excluded
if it is determined that it introduces primarily segregated sanitary
wastes.
Shall mean the liquid waste from an industrial process, as
distinct from sanitary waste. All wastes, except storm waters and
sanitary wastes.
Shall mean the wastewater from industrial processes, trade,
or business as distinct from domestic or sanitary wastes.
Shall mean an industrial user of PVSC facilities that:
Has a flow of 50,000 gallons or more per average work day;
Has in its waste, a toxic pollutant in toxic amounts; or
Is found by USEPA, NJDEP or PVSC to significant impact, either
singly or in combination with other contributing industries, in the
PVSC treatment works or upon the quality of the effluent from the
PVSC treatment works.
Shall mean an outlet, including storm sewers and combined
sewer overflows, into a watercourse, pond ditch, lake or other body
of surface or groundwater including the Passaic River or any of its
tributaries.
Shall mean New Jersey Department of Environmental Protection.
Shall mean National Pollution Discharge Elimination System.
Shall mean the reciprocal of the logarithm of the hydrogen
ion concentration. The concentration is the weight of hydrogen ions,
in grams, per liter of solution. Neutral water has a pH value of seven
(a hydrogen concentration of 10-7). Lower pH's are acid, higher pH's
are alkaline.
Shall mean treatment given to industrial waste, prior to
its discharge, directly or indirectly, to the PVSC facilities, by
the industry, in order to remove illegal and/or undesirable constituents
or to reduce the strength of the waste.
Shall mean a common sewer controlled by a governmental agency,
public utility or the municipality.
Shall mean Passaic Valley Sewerage Commissioners.
Shall mean a sewer that carries liquid and water-carried
wastes from residences, commercial buildings, industrial plants, and
institutions together with minor quantities of ground, storm and surface
waters that are not admitted intentionally.
Shall mean waste derived principally from dwellings, office
buildings, and sanitary conveniences. When segregated from industrial
wastes, may come from industrial plants or commercial enterprises.
Shall mean the spent water of a community. The preferred
term is "wastewater".
Shall mean a pipe or conduit that carries waste water or
drainage water.
Shall mean any discharge of water or wastewater which in
concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration or flows during normal
operation.
Shall mean a drain or sewer for conveying water, groundwater,
subsurface water, or unpolluted water from any source.
Shall mean a measurement of suspended solids, and/or biochemical
oxygen demand and/or chemical oxygen demand and/or any other parameter,
determined by PVSC as a fair indicator of the relative use, other
than volumetric, of PVSC facilities by industrial wastes.
Shall mean total suspended matter that either floats on the
surface of, is in suspension in water, wastewater, or other liquids
and that is removable by laboratory filtering as prescribed in "Standard
Methods for the Examination of Water and Wastewater" and referred
to as nonfilterable residue.
Shall mean and be defined by USEPA in 40 CFR 129 (38 F.R.
24342, 9-7-75) and any superseding revisions.
Shall mean water of quality equal to or better than the effluent
criteria in effect or water that would not cause violation of receiving
water quality standards and would not be benefited by discharge to
the sanitary sewers and wastewater treatment facilities provided.
Shall mean United States Environmental Protection Agency.
Shall mean a charge to users consisting of two parts. The
first part established by PVSC based on volume, and where applicable,
on strength or flow rate to pay for the use of the PVSC facilities.
The second part established by the municipality to pay for the use
of the local sewer system and to pay for administration of the billing
and collection of the funds.
Shall mean the spent water of a community. From the standpoint
of source, it may be a combination of the liquid and water-carried
wastes from residences, commercial buildings, industrial plants and
institutions, together with any groundwater, surface water, and storm
water that may be present.
Shall mean the structures, equipment, and processes required
to collect, carry away and treat domestic and industrial wastes and
dispose of the effluent.
Shall mean the PVSC facilities.
[Ord. #1651, § 2]
It shall be unlawful to discharge into any natural outlet within
the township any wastewater or other polluted waters, except where
suitable treatment has been provided and where a National Pollution
Discharge Elimination System permit has been obtained from the appropriate
governmental authority, where required.
[Ord. #1651, § 3]
No unauthorized person shall uncover, make any connections with
or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a permit from the appropriate municipal
official.
[Ord. #1651, § 4]
Application for sanitary connections for dwellings, groups of
dwellings or industrial or commercial establishments with only sanitary
waste shall be made directly to the township. A fee shall be paid
to the township to process the application as otherwise provided by
ordinances of the township. The board of commissioners shall designate
some suitable person to maintain a record of the number of sanitary
applications and connections that are added and removed from the system
and shall make an annual report to the Passaic Valley Sewerage Commissioners
no later than February 1 of each year. When a direct connection to
a PVSC sewer is requested by the applicant, the request shall first
be endorsed with the approval of the board of commissioners and then
submitted to the PVSC for their action.
[Ord. #1651, § 5]
a.
Each existing industrial user which is presently connected directly
or indirectly to the wastewater facilities of the township shall make
application for a permit no later than April 1, 1977, whether the
connection be for industrial waste or storm water. Applications for
future connections must be made and approved before a certificate
of occupancy may be issued. The application shall be made to the township
by the industry that generates the waste, however, the application
must be signed by the owner of the property whereon the industry is
located. After approval of the application by the township, the application
shall be forwarded to PVSC for classification and issuance of the
permit by PVSC.
b.
Any existing industrial user which proposes to make any change in
its facility or its processing, which significantly affects the quality
or the quantity of its discharge into the system, shall submit to
the township an industrial sewer waste revision application showing
the contemplated changes. Any new tenant or occupant of an existing
industrial user shall submit an industrial sewer waste revision application.
The application, if approved by the township, shall be sent to the
PVSC, accompanied by the written approval of the township. Existing
industrial users that have applied for permits may continue their
discharge until their application has been processed by PVSC, except
for any discharges which constitute prohibited waste as otherwise
provided in this section or unless notified by PVSC to cease and desist
their discharge. No certificate of occupancy shall be issued for an
industrial use until an industrial permit has been issued by the PVSC
and no person shall occupy any building or structure for the purpose
of a new industrial use until an industrial permit has been issued
by the PVSC.
[Ord. #1651, § 6]
Industrial users shall be classified by PVSC as follows:
a.
Category I.
1.
Class I-A permit shall not be issued to an industry defined as a
major industry and when issued shall allow the industry to discharge
with no modification or pretreatment of flow.
2.
Class I-B permit is one issued to an industry classified as a major
industry. This permit shall allow the industry to discharge with no
modifications or pretreatment of flow, however, PVSC may require the
installation of monitoring equipment.
b.
Category II.
1.
Class II-A permit shall allow an industry to discharge pretreated
wastes in accordance with standards established in the permit.
2.
Class II-B permit shall allow an industry to continue to discharge,
subject to change of characteristics of its waste by pretreatment
or other means in accordance with a schedule as established by the
PVSC in the permit.
c.
Category III. The permit is denied and the discharge of prohibited
materials must be halted or modified by a date established by the
PVSC and in accordance with conditions contained in the permit denial.
[Ord. #1651, § 7]
The PVSC classification of an application is subject to change
by PVSC upon written notification from PVSC to the applicant by certified
mail. Any change shall be accompanied by a detailed explanation of
the reasons for the change.
[Ord. #1651, § 8]
Any industry aggrieved by a permit classification by the PVSC
shall have a right to appeal to the PVSC. Such an administrative appeal
shall be taken within 30 days of notification by PVSC to the industry
of its decision. The notice of appeal shall be delivered personally
to the offices of PVSC at 600 Wilson Avenue, Newark, New Jersey or
shall be sent by certified mail, return receipt requested. The taking
of an appeal shall not stay the provisions of Class III denial. During
the time of appeal, however, the Class II permits shall be stayed,
however, the staying shall not release any industry from meeting any
requirements of any schedule set by the New Jersey Department of Environmental
Protection or the United States Environmental Protection Agency.
[Ord. #1651, § 9]
Upon the filing of an appeal the PVSC shall set the date and
time for a hearing before the commissioners. The applicant shall have
the right to present evidence, shall have the right to be represented
by counsel and shall have the right of cross examination. Upon the
conclusion of the hearing, the commissioners shall make findings of
fact and conclusions.
[Ord. #1651, § 10]
All applications for industrial permits shall be submitted on
forms to be supplied by PVSC and shall comply with the instructions
on the form.
[Ord. #1651, § 11]
All costs and expenses incidental to the installation and connection
of the building sewer shall be borne by the applicant, and the applicant
shall indemnify the township or PVSC from any loss or damage that
may be occasioned by the installation of the building sewer. All sewer
connections shall be in accordance with the requirements of the township
as otherwise provided by ordinance. In the case of the connection
into PVSC sewer the connection shall be in accordance with the conditions
contained in the approval of the PVSC.
[Ord. #1651, § 12]
No person shall make connection on roof downspouts, foundation
drains, areaway drains, or other sources of surface runoff or groundwater
to a building sewer or drain, which in turn is connected directly
or indirectly to a public sanitary sewer unless approved by the township
for purpose of disposal of polluted surface drainage.
[Ord. #1651, § 13]
In addition to the application for the permit as hereinabove
provided, each industrial user must complete an industrial survey
form which will be supplied by PVSC and, from time to time, shall
update the form when required by the PVSC.
[Ord. #1651, § 14]
Whenever an industry is classified as a major industry, it shall
install an approved, sealed, automatic monitoring system if required
by PVSC.
[Ord. #1651, § 15]
No uncontaminated water shall be discharged into the PVSC system
except with the prior written consent of the municipality and PVSC.
(There will be two separate provisions, one for municipalities with
separate systems and one for municipalities with combined systems.)
[Ord. #1651, § 16]
When pretreatment standards are adopted by the United States
Environmental Protection Agency for any given class of industries,
then any industry within that class must conform to the United States
Environmental Protection Agency timetable for adherence to pretreatment
requirements as well as all other applicable requirements promulgated
by the United States Environmental Protection Agency in accordance
with the provisions of the law. Additionally, such industries shall
comply with such more stringent standards necessitated by local conditions
as determined from time to time by the PVSC.
[Ord. #1651, § 17]
All industrial users shall provide immediate access to its facilities
at any time during normal working hours or at any other time that
there is a discharge into the PVSC system or into any waters under
the jurisdiction of the PVSC. Access shall be for the purpose of checking
the quality of the discharge, taking samples and making tests of the
discharge or for the purpose of permitting enforcement of this section.
The access shall be made available to the employees of PVSC, New Jersey
Department of Environmental Protection, United States Environmental
Agency and/or the municipality. All users shall provide access to
property and premises for inspection for the purpose of determining
if there is any violation of the terms or provisions of this section.
[Ord. #1651, § 18]
The following wastes are prohibited and may never be discharged
into waste water facilities of the township and PVSC:
a.
Wastes that may create a fire or explosion hazard in the sewer or
wastewater facility, such as gasoline, fuel oil, cleaning solvents,
etc.
b.
Wastes that may impair or cause to impair the hydraulic capacity
of the sewer system, such as ashes, sand, metal, precipitates, etc.
c.
Wastes that may create a hazard to people, the sewer system, the
treatment process, or the receiving water such as dangerous levels
of toxic materials.
d.
Wastes at a flow rate which is excessive over a relatively short
time period so that there is a treatment process upset and substantial
loss of treatment efficiency.
e.
Wastes below a pH of five unless the line is designed to accommodate
such waste.
f.
Any discharge of radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by PVSC in compliance
with applicable State or Federal regulations.
[Ord. #1651, § 19]
The following wastes may not be discharged without special permission
from the PVSC, upon a determination by the PVSC that the discharge
would not be detrimental to the system:
a.
Any discharge in excess of 150° F. (65° C.).
b.
Any discharge containing more than 100 mg/l of mineral oil or grease.
c.
Any discharge containing floatable oil or grease.
d.
Any discharge of heavy metals, or any other toxic materials in toxic
amounts, which amounts are to be established by PVSC.
e.
Any discharge quantities of flow or concentration which shall constitute
a "slug".
f.
Wastes with pH outside the limits of 5.0 to 9.0.
[Ord. #1651, § 20]
Each major industrial user shall construct or otherwise have
available a sampling point for sampling waste water before it enters
the municipal sewer system. Other industrial users may be required
to construct such sampling point, if ordered so to do by the municipality
or the PVSC.
[Ord. #1651, § 22]
No discharge into the wastewater facilities of PVSC shall be
permitted from any source which causes physical damage, interferes
with the treatment process, or results in a violation of effluent
limitations or other conditions contained in the National Pollution
Discharge Elimination System Permit to Discharge issued to the PVSC
by the United States Environmental Protection Agency.
[Ord. #1651, § 22]
When required by the township, USEPA, NJDEP, or the PVSC, the
owner of any property serviced by a building sewer carrying industrial
wastes shall install a suitable structure together with such necessary
meters and other appurtenances to the building sewer to facilitate
observation, sampling and measurement of the wastes. Such structure,
when required, shall be accessibly and safely located and shall be
constructed in accordance with plans approved by the governmental
agency requiring it. The structure shall be installed by the applicant
at his expense and shall be maintained by him so as to be safe and
accessible at all times.
[Ord. #1651, § 23]
All persons subject to subsections 12-3.1 through 12-4.29 shall be required to provide prior to December 31 of each year information to the township, PVSC or joint meeting as needed to determine compliance with this section. These requirements may include:
a.
Wastewaters discharge peak rate and volume over a specified time
period.
b.
Chemical analyses of wastewaters.
c.
Information on raw materials, processes and products affecting wastewater
volume and quality.
d.
Quantity and disposition of specific liquid, sludge, oil solvent
or other materials important to sewer use control.
e.
A plot plan of sewers of the user's property showing sewer and pretreatment
facility location.
f.
Details of wastewater pretreatment facilities.
g.
Details of systems to prevent and control the losses of materials
through spills to the municipal sewer.
[Ord. #1651, § 24]
All measurements, tests, and analyses of the characteristics
of waters and wastes to which reference is made in this section shall
be determined in accordance with the latest edition of "Standard Methods
for the Examination of Water and Wastewater," published by the American
Public Health Association, or other method or procedure as may be
approved by PVSC. Sampling methods, location, times, durations, and
frequencies are to be determined on an individual basis subject to
the approval of the municipality, and/or PVSC.
[Ord. #1651, § 25]
All users shall be required to comply with the requirement of
user charges regulations and industrial costs, recovery system regulations
to be adopted by the PVSC in accordance with the requirements of the
USEPA. The effective date for the implement of user costs regulations
and industrial costs recovery system regulations shall be established
by resolution of the PVSC. The effective date shall be certified by
the PVSC and the written certification shall be filed in the office
of the township clerk.
[Ord. #1651, § 26]
No person shall intentionally break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which
is part of the wastewater facilities.
[Ord. #1651, § 27]
The board of commissioners shall appoint or designate some suitable
person to administer this section.
[Ord. #1651, § 28]
All users of the wastewater facilities shall comply with the
requirements of the written rules and regulations of the PVSC which
have been adopted and which from time to time shall have been adopted,
which regulations shall become effective upon filing of certified
copies in the office of the township clerk after January 25, 1977.
[Ord. #1651, § 29]
a.
Violations of any of the provisions of this section or any permit
issued under the authority of this section may result in the termination
of the permit or the termination of the authority to discharge into
the system.
b.
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter III, Section 3-1.
c.
The superintendent of water and sewer shall be the enforcing authority
for the Township.
[Ord. #1651, § 30]
No ordinance heretofore adopted by the municipality shall be
affected by this section except that if any provisions of any prior
ordinance is in conflict with the provisions of this section, the
provisions of this section shall control.
