City of Summit, NJ
Union County
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Table of Contents
Table of Contents
Editor's Note: The Sewer Use Charges and Delinquent Interest Rates are established annually by Ordinance. For further information, inquire at the office of the City Clerk.
[Ord. No. 01-2504 § 1]
The sanitary sewer system is composed of gravity mains, force mains, pumping stations, access manholes, and other related components, the installation and maintenance of which shall be the responsibility of the City, except as may be provided by developers agreement or other form of contract for service, maintenance or installation. The installation and maintenance of connections to the sewer system defined herein as "curb connections," "house laterals", and house plumbing systems" shall be the responsibility of the property owner. The City reserves unto itself the sole and exclusive right of ownership of and access to the sanitary sewer system. The system, its components and all connections thereto shall not be modified or altered in any way without specific approval from the City.
[Ord. No. 00-2440 § 1; Ord. No. 01-2504 § 1]
a. 
Application to Connect; Form. Before any building or premises shall be connected with a public sewer, the owner or lessee thereof shall obtain a written permit from the Department of Community Services authorizing such connection to be made. Every application for a sewer connection shall be made on the form provided for that purpose.
b. 
Permit to Repair. No person shall repair any sewer connection without first obtaining a permit therefor and complying with the provisions of this chapter.
c. 
Permit Fees. Permits as herein defined shall only be issued by the Department of Community Services upon approval by the City Engineer and upon payment of the following fees:
1. 
Where the property shall have been previously assessed for the making of such connection at the curb, an inspection fee of seventy-five ($75.00) dollars shall be charged.
2. 
Where an owner or lessee has laid a sewer and made the necessary connections to the existing connection at the curb, in accordance with the provisions of this section, there shall be an inspection fee of seventy-five ($75.00) dollars for each connection.
3. 
Where a connection has been made by the City and is into the curb of any street, and has not been assessed, there shall be a charge of five hundred ($500.00) dollars.
4. 
The permit obtained from the State or County Highway Department under subsection 25-1.6 shall be delivered to the Department of Community Services at the time of making application for the sewer connections, together with an inspection fee of seventy-five ($75.00) dollars.
[Ord. No. 00-2440 § 1; Ord. No. 01-2504 § 1]
a. 
Supervision Required. All public sewers, sewer connections and drains and all repairs to any sewer, connection or drain shall be constructed and made under the direction and supervision of the City Engineer.
b. 
Permit Required.
1. 
No portion of the sewerage system or drains or its connection branches shall be uncovered, nor shall any manhole or flush tank be opened, without a permit to do so, issued by the Department of Community Services.
2. 
No highway or public ground shall be opened for the purpose of making any sewer connection; nor shall any pipe of the sewerage system be broken, cut, or removed, nor any connection be made, unless a permit from the City has been obtained, subject to the approval and supervision of the City Engineer or other authorized inspector of sewers.
3. 
No grease trap or interceptor required by this section shall be installed, modified, or removed from a building or premises without a permit approved by the City Engineer, the Board of Health, and the Plumbing Subcode Official.
c. 
Use of Public Sewers. No person shall discharge or cause to be discharged any storm water, surface water, ground water (except as set forth below), roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer, except as may be provided in subsection 25-2.3.
d. 
Discharge Restrictions. Except as hereinafter provided, no person shall discharge or cause or permit to be discharged any of the following described waters or wastes into any public sewer;
1. 
Any liquid which may contain more than one hundred (100) parts per million by weight of fat, oil or grease.
2. 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
3. 
Any liquid having a pH factor lower than six point zero (6.0) or higher than nine point zero (9.0) or having any other corrosive property capable of causing damage or a hazard to the structure, equipment and personnel of the City or the Joint Meeting of Essex and Union Counties.
4. 
Any liquid containing a toxic or poisonous substance in a sufficient quantity so as to injure or interfere with any sewage treatment processes, to constitute a hazard to humans or animals or to create any hazard in the receiving waters of the sewage treatment plant.
5. 
Any liquid containing suspended solids of such character and quantity that unusual attention or expense is required to handle such matters at the sewage treatment plant.
6. 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
e. 
Interceptors and Traps.
1. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Department of Community Services or of the Board of Health, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients. All interceptors or traps shall be of a type and capacity approved by the Department of Community Services and shall be located so as to be readily and easily accessible for cleaning and inspection.
2. 
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of a substantial construction and watertight and shall be equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. All grease, oil and land interceptors shall be maintained by the owners, at their expense, in continuously effective operation at all times.
f. 
Inspection and Approval Required. No sanitary sewer connected with the sewerage system shall be connected with any privy vault or cesspool or underground drain, or with any channel conveying water or filth, except such soil pipes and other plumbing works as shall have been duly inspected and approved by the City Engineer or other authorized inspector of sewers.
g. 
Prevention of Detrimental Discharge; Severing Connection. The Department of Community Services may at any time, in its discretion, stop and prevent the discharge into the sewerage system of any substance deemed by it likely to damage the sewerage system, or to interfere with its normal operation, or to obstruct the flow, or to hinder any process of sewage purification. In its discretion, without notice and without recourse, the Department of Community Services may sever the connection and cause the removal of any tributary sewer or drain through which such detrimental substances are discharged. All costs associated with severing a sewer connection shall be borne by the property owner, either as a direct payment to the City or in the form of a lien as approved by the Common Council.
h. 
Plans; Application for Approval. Before any sewerage work or drainage is done or commenced in or upon any property to be connected with the sewer system, and before any alterations or additions are made to old sewerage or drainage work, plans and description of the proposed work shall be filed in duplicate with the Engineering Division of the Department of Community Services, accompanied by an application for approval of the plan, and for the issuance of a permit to do the work. The plans, descriptions and specifications shall conform to all provisions of this chapter and to all the rules and regulations that are or may hereafter be made concerning this work.
i. 
Permit Required; Fee. No work may be commenced until the plans are filed and a permit is issued by the Department of Community Services. The permit shall be valid for a period of sixty (60) days after issuance, and shall become void after the expiration of this period of time. For each permit, the fee shall be in accordance with this section, and shall be paid to the City for its use in defraying the cost of inspection and tests.
[Ord. No. 01-2504 § 1]
a. 
Commercial-type kitchens are those where foods are prepared for public consumption on or off the premises.
b. 
Any grease arising out of any cooking, grilling, frying or meat trimming shall be recycled using a qualified firm equipped to handle such materials. The owner shall keep an accurate record of such recycling and make that record available to authorized representatives of the City.
c. 
The owner of every location containing any commercial-type kitchen shall be required to install and maintain an approved grease interceptor or trap on all sinks discharging into the City sanitary sewer system. The design, location, installation, and permitting for the interceptor or trap shall conform to the regulations of the New Jersey Uniform Construction Code.
d. 
It shall be the responsibility of each such owner to regularly clean and maintain the interceptor or trap to prevent grease from entering the sewer system, and to post and maintain a log adjacent to said interceptor or trap for each cleaning.
e. 
Any designated representative of the Department of Community Services or of the Board of Health shall have the right to inspect said equipment to ensure proper maintenance.
f. 
Failure to properly maintain this equipment shall be a violation of this section and shall be subject to the penalty provisions. In addition to any penalties imposed for a violation of the ordinance, the following costs shall also be imposed.
1. 
The costs for clearing and cleaning any blockages in the sanitary sewer mains that are attributable to a commercial-type kitchen shall be paid by the owner.
2. 
Such charges shall include, but not be limited to, the full cost for labor, including fringe benefits, equipment costs, and surcharges, if any, whether those costs were incurred by City employees or by a contractor hired by the City, or both.
3. 
Any property damage arising out of a sewer blockage caused by the commercial-type kitchen shall also be borne by the owner of the premises causing the blockage.
[Ord. No. 00-2440 § 1; Ord. No. 01-2504 § 1]
a. 
Before granting a permit in accordance with this section, the City may require the applicant to furnish a bond with one (1) or more sureties acceptable to the City. The bond shall be conditioned that:
1. 
The applicant shall indemnify and save harmless the City, the Council, and the officers, employees and officials of the City, from all suits and actions of every name and description brought against the City or any officer, employee or official of the City for or on account of any injury or damage received or sustained by any person in consequence of, or resulting from, any work performed by the applicant, his/her servants, agents or contractors or subcontractors, or from any improper materials used in the work, or from any negligence in guarding the work, or from any act or omission of the applicant, his/her servants, agents, contractors or subcontractors.
2. 
The applicant shall faithfully perform or cause to be performed the work in all respects and shall replace and restore that portion of any street in which the applicant, his or her servants or agents, contractors or subcontractors shall make any excavation, to as good condition, of which the City Engineer shall be the judge, as that in which the same was before the work was performed, and shall also keep and maintain the street in like good condition to the satisfaction of the City Engineer for the period of one (1) year.
3. 
The City Engineer may within that year, with or without notices to the applicant, repair the street or cause it to be repaired, and that the cost thereof shall be paid forthwith by the applicant upon demand, or charged against any bond or escrow on file.
4. 
The applicant shall comply in all respects with the rules and regulations established by the City Engineer relative to the work, and shall pay all fines imposed upon him for violation of this chapter or of any such rule or regulation.
b. 
The bond shall be in the sum of one thousand ($1,000.00) dollars for one (1) connection, or such other sum as the City Engineer may determine adequate for the number, location, and types of connections. Applications for more than one (1) connection shall show that all connections are to be made within sixty (60) days from date of application.
[Ord. No. 00-2440 § 1; Ord. No. 01-2504 § 1]
a. 
Connection by Licensed Plumber; Supervision. The owner or lessee of every property on which there is erected, or on which there shall hereafter be erected any dwelling house, store or other building, containing a toilet, sink, bathtub, washbowl, or other receptacle for the receipt and discharge of refuse, water or sewerage, abutting on any street in which there shall have been constructed a sanitary sewer or sewers, shall connect such toilet, sink, bathtub, washbowl or other receptacle in the building with the sewer. All such connections shall be constructed and made by a plumber licensed by the State of New Jersey, or such other contractor as may be authorized by the City Engineer to make the connection, at the expense of the owner or lessee of the property connected, and under the supervision of the City Engineer or Plumbing Subcode Official.
b. 
Types of Sewers and Connections. Sewers under streets or under a right-of-way for sewer purposes required by the City shall be known as "main" or "lateral" sewers as the case may be. Sewer connections from a main or lateral sewer to the curbline shall be known as "curb connections." Sewers from the curbline to the exterior end of the iron pipe outside a building shall be known as "house laterals." All pipes within a building and to a maximum of five (5') feet outside thereof shall be known as the "house plumbing system."
[Ord. No. 00-2440 § 1; Ord. No. 01-2504 § 1]
Where any work to be done in accordance with the provisions of this section shall necessitate the opening of a State or County road or highway, the owner or lessee shall prior to his/her making application to the Department of Community Services as herein provided, obtain the necessary permit for the work from the appropriate Union County department or from the State Department of Transportation.
[Ord. No. 00-2440 § 1; Ord. No. 01-2504 § 1]
Where there is a main or lateral sewer in the street but no curb connection, the owner or lessee shall engage a plumber licensed by the State of New Jersey or other contractor approved by the City Engineer to carry the connection to the curb. The licensed plumber or other approved contractor shall open the street and connect with the "T" or "Y" in the main sewer or lateral sewer, or at such place as the City Engineer may designate. The licensed plumber or other approved contractor shall connect to the "T" or "Y" branch, or make his own connection to the main or lateral sewer with a cast iron "M.T." connection. All aforesaid work by the licensed plumber or other approved contractor shall be done under the supervision of the City Engineer. The licensed plumber or other approved contractor shall not commence to refill any openings or excavations until all of the work with respect to the connection to the main or lateral sewer to the curb has been approved by the City Engineer.
[Ord. No. 00-2440 § 1; Ord. No. 01-2504 § 1]
All curb connections shall be constructed and made of four (4") inch extra-heavy, cast iron soil pipe and jointed with oakum and lead or such other pipe and materials as the City Engineer may approve. Trenches shall be back-filled by hand and well tamped and not puddled, and no openings shall be made by tunneling.
[Ord. No. 00-2440 § 1; Ord. No. 01-2504 § 1]
All applicants, and their servants, agents, or employees shall adequately protect any openings or excavations so as to avoid injury or damage, and shall keep adequately lighted any such excavation or opening during the nighttime.
[Ord. No. 00-2440 § 1; Ord. No. 01-2504 § 1]
The Director of the Department of Community Services may revoke all permits granted under this section for sufficient cause after hearing. No person shall have the right to demand or claim any damages from the City by reason of such revocation.
[Ord. No. 00-2440 § 1; Ord. No. 01-2504 § 1; Ord. No. 09-2867 § 1]
a. 
Fee Schedule; New Construction. In addition to the sewer permit fees set forth in this section, all new construction in the City shall be subject to the following sewer fee schedule:
Single family residential units of all types
$2,300.00
Office use per gross floor area
$1.43/sq. ft.
Commercial use per gross floor area
$1.43/sq. ft.
Hotels per bedroom
$862.60
Motels per bedroom
$690.00
Restaurants per seat
$690.00
Bars, counter restaurants, etc. per seat
$230.00
Permit fees for uses not specifically enumerated shall be determined by the City Engineer using New Jersey Department of Environmental flow rate standards, if available, and a fee rate of eleven dollars and fifty ($11.50) cents per gallon of sewage generated per day.
On properties that previously contained a building with a sewer connection, the sewer fee shall be reduced to give credit for the actual size or type of existing building(s) that previously existed on the site. The credit shall be calculated using the table in subsection 25-1.11a. To receive a credit, the building must have existed on the site within five (5) years of the issuance of a Certificate of Occupancy for the new building(s).
b. 
Certificate of Occupancy. Prior to the issuance of a Certificate of Occupancy, and upon request from the Construction Official, the City Engineer shall certify that all sewer permit fees have been paid in full to the City.
[Ord. No. 00-2440 § 1; Ord. No. 01-2504 § 1]
a. 
Illegal, improper, defective, or other similar sewer connections or openings are a threat to the health, safety, and welfare of residents or occupants of buildings and structures, and to the general public.
1. 
The Department of Community Services is authorized to order the proper and safe correction of any illegal, improper, defective, or otherwise unsafe connections to the sanitary sewer system that the Department finds or that the Department confirms after receiving reports or referrals from other sources.
2. 
The Department may also refer any defective, hazardous, or otherwise improper sewer condition or usage to the Joint Meeting of Essex and Union Counties, or the New Jersey Department of Environmental Protection, or any other such agency with jurisdiction over the improper or hazardous condition or use.
b. 
Upon receipt of notice to correct any such condition, the owner of the property shall make the necessary corrections after first obtaining a permit from the Department of Community Services.
1. 
If there is imminent danger that requires immediate repair, the work may be done without first obtaining a permit, provided that all such work is done under the supervision of the City Engineer.
2. 
If the City Engineer is not available to immediately inspect the work, the contractor shall make the necessary repair and then adequately and properly secure and safeguard the area for the City Engineer's inspection.
3. 
The owner or contractor shall apply for the permit on the next business day.
[Ord. No. 00-2440 § 1; Ord. No. 01-2504 § 1]
Any person violating any provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5, and for any costs incurred by the City in correcting any hazardous condition. The costs incurred by the City shall include an administrative surcharge of fifteen (15%) percent of the labor and material costs.
[1983 Code Part VI T.50 Preamble; Ord. No. 00-2440 § 2]
On January 22, 1963, a directive was issued to the Joint Meeting by the Department of Health of the State of New Jersey under the provisions of N.J.S.A. 58:12-2 ordering the Joint Meeting to improve its sewage treatment facilities in order that the sewage received therein be cared for, treated and disposed of, and the effluent discharged into the Arthur Kill in a manner approved by the State Department of Health; and, the aforesaid directive was amended in certain details on March 21, 1967. The Federal Clean Water Act Amendments of 1977, P.L. 95-217, as amended, the N.J. Water Pollution Control Act, N.J.S.A. 58:10A-1 and the N.J. Pretreatment Act, N.J.A.C. 58:11-49, 1972 have resulted in an unprecedented program of cleaning up our Nation's waters. The Joint Meeting has already made and will continue to make a substantial financial investment in its wastewater treatment system to achieve the goals of the Act. The Joint Meeting seeks to provide for the use of its treatment works by industries and others served by it without damage to the physical facilities, without impairment of their normal function of collecting, treating and discharging domestic wastewater, and without the discharge by the Joint Meeting treatment facilities of pollutants which would violate the discharge allowed under its New Jersey Pollutant Discharge Elimination System (NJPDES) permit, rules of the system conveying and treating its waste, and the applicable rules of all governmental authorities with jurisdiction over such discharges.
The Joint Meeting is a partnership of municipalities consisting of the City of East Orange, the Township of Hillside, the Town of Irvington, the Township of Maplewood, the Township of Millburn, the City of Newark, the Borough of Roselle Park, the Township of South Orange Village, the City of Summit, the Township of Union and the Township of West Orange, operating under an agreement between them dated June 1, 1926 under the authority of N.J.S.A. 40:63-68, et seq., which agreement was thereafter amended and supplemented, the last supplemental contract having been entered into on October 19, 1967; and since the date of the last mentioned supplemental contract, the United States of America, through Environmental Protection Agency (EPA), and the State of New Jersey, through the Department of Environmental Protection (DEP) have made grants to the Joint Meeting to help defray part of the cost of construction of the necessary treatment facilities that will result in the treatment of sewage in accordance with the requirements of the respective EPA and DEP.
In order to be eligible to receive the specified funds for under the grants, certain conditions are required to be met.
Special Grant Condition Number 7 of the Federal Grant requires adoption of pretreatment requirements (Sewer Use Ordinance) by all municipalities contributing wastes to the treatment facilities; and the Joint Meeting has requested its contributing municipalities to adopt a uniform ordinance for the purposes aforesaid; and the Joint Meeting has adopted and will continue to adopt from time to time Rules and Regulations governing the use of its sewers and treatment facilities.
[1983 Code Part VI T.50 § 1; Ord. No. 00-2440 § 2]
That the Rules and Regulations of the Joint Meeting adopted on December 20, 1984 and as same are modified from time to time are hereby adopted as if fully set forth herein as Rules and Regulations governing the municipal sewer facilities as well as the Joint Meeting facilities.
[1983 Code Part VI T.50 § 2; Ord. No. 00-2440 § 2]
a. 
Whenever the Joint Meeting finds that any person (as defined in the rules and regulations) has violated or is violating this section, or any prohibition, limitation or requirement contained herein, the Joint Meeting may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty (30) days, for the satisfactory correction thereof. If the violation is not corrected by timely compliance, the Joint Meeting may order any person who causes or allows an unauthorized discharge to show cause before the Joint Meeting and City of Summit why service should not be terminated. A notice shall be served on the offending party specifying the time and place of a hearing to be held by the Joint Meeting and City of Summit regarding the violation, and directing the offending party to show cause before the Joint Meeting and City of Summit why an order should not be made directing the termination of service. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing.
The Joint Meeting and City of Summit may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee to:
1. 
Issue in the name of the Joint Meeting and City of Summit notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
2. 
Take the evidence;
3. 
Transmit a report of the evidence and hearing, including transcripts/records and other evidence, together with recommendations to the Joint Meeting and City of Summit for action hereof.
At any public hearing, testimony taken before the Joint Meeting and City of Summit or any person designated by it, must be under oath and recorded either by the hearing officer in a summary manner or stenographically. In the latter case, the transcript, so recorded, will be made available to any member of the public upon payment of the usual charges therefor. After the Joint Meeting and City of Summit have reviewed the evidence, they may issue an order to the party responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances are properly operated, and such further orders and directives as are necessary and appropriate.
Any discharge in violation of the substantive provisions of this chapter or an Order of the Joint Meeting shall be considered grounds for legal action. If any person discharges sewage, industrial wastes or other wastes into the treatment facilities contrary to the substantive provisions of this chapter or any Order of the Joint Meeting, the Executive Director of the Joint Meeting shall commence an action for injunctive relief and appropriate legal damages in the Superior Court of the respective County.
b. 
The Joint Meeting and/or City of Summit may suspend the wastewater treatment service (and/or the Non-domestic Wastewater Discharge Permit) when such suspension is necessary, in the opinion of the Joint Meeting and/or City of Summit, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the Joint Meeting and/or City of Summit to violate any condition of its NJPDES Permit.
Any person notified of a suspension of the wastewater treatment service (and/or the Non-domestic Wastewater Discharge Permit) shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Joint Meeting and/or City of Summit shall take such steps as are deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Joint Meeting and/or City of Summit shall reinstate (the Non-domestic Wastewater Discharge Permit and/or) the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the discharger describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Joint Meeting and/or City of Summit within fifteen (15) days of the date of occurrence.
[1983 Code Part VI T.50 § 3; Ord. No. 00-2440 § 2]
Any person who is found to have violated an Order of the Joint Meeting City of Summit or who willfully or negligently fails to comply with any provision of this section, and the orders, rules and regulations issued hereunder shall be subject to a fine of not more than one thousand ($1,000.00) dollars or imprisonment not to exceed ninety (90) days, or both for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Joint Meeting and City of Summit may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person(s) found to have violated this section, or the orders, rules and regulations issued hereunder. In addition, also, the penalties previously provided herein, the Joint Meeting and its tributary municipalities may recover reasonable costs expended to rectify damages to its treatment facilities and tributary sewers as well as to rectify treatment process problems caused as a result of violations of this section.
a. 
Flotables shall mean persistent inert synthetic non-biodegradable or natural materials such as, but not limited to, tampon applicators, cotton swabs, straws, prophylactics, panty lines, disposable diapers, cigarette filters, etc.
[1983 Code Part VI T.50 §§ 4, 5, 6; Ord. No. 00-2440 § 2]
a. 
If any provision, paragraph, word, section, or article of this ordinance is invalidated by any Court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect.
b. 
All ordinances and parts of ordinances inconsistent or conflicting with any part of this section are hereby repealed to the extent of such inconsistence or conflict.
c. 
This section shall take effect upon final passage and publication as provided by law.
[Ord. No. 1676, Preamble; Ord. No. 00-2440 § 3]
On January 22, 1963, a directive was issued to the Joint Meeting by the Department of Health of the State of New Jersey under the provisions of N.J.S.A. 58:12-2 ordering the Joint Meeting to improve its sewage treatment works in order that the sewage received therein shall be cared for, treated and disposed of, and the effluent discharged into the Arthur Kill in a manner approved by the State Department of Health; and the aforesaid directive was amended in certain details on March 21, 1967. The Joint Meeting is a partnership of municipalities consisting of the City of East Orange, the Township of Hillside, the Town of Irvington, the Township of Maplewood, the Township of Millburn, the City of Newark, the Borough of Roselle Park, the Village of South Orange, the City of Summit, the Township of Union and the Town of West Orange, operating under an agreement between them dated June 1, 1926 under the authority of R.S. 40:63-68, et seq., which agreement was thereafter amended and supplemented, the last supplemental contract having been entered into on October 19, 1967. Since the date of the last mentioned supplemental contract, the United States of America, through the Environmental Protection Agency (EPA), and the State of New Jersey, through the Department of Environmental Protection (DEP) have made grants to the Joint Meeting to help defray part of the cost of construction of the necessary treatment facilities that will result in the treatment of sewage in accordance with the requirements of the respective EPA and DEP. In order to be eligible to receive the specified funds provided for under the grants, certain conditions are required to be met.
Special Grant Condition Number 7 of the Federal Grant requires adoption of pretreatment requirements (Sewer Use Ordinance) by all municipalities contributing wastes to the treatment facilities. The Joint Meeting has requested its contributing municipalities to adopt a uniform ordinance for the purposes aforesaid.
[Ord. No. 1676 Art. I §§ 1-24; Ord. No. 00-2440 § 3]
As used in this section:
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20° C.) degrees Centigrade, expressed in milligrams per liter.
CHEMICAL OXYGEN DEMAND (COD)
Shall mean the measure of the organic matter present in the sewage as determined by the dichromatic reflux method and expressed in milligrams per liter (ppm).
CHLORINE DEMAND
Shall mean the amount of chlorine expressed in milligrams per liter, or parts per million by weight, which will complete the normal reactions with all chemicals and materials in the sewage leaving an excess of zero point one (0.1) milligram per liter, (zero point one (0.1) parts per million by weight), after thirty (30) minutes contact time at room temperature of approximately seventy (70° F.) degrees Fahrenheit.
FLOATABLE OIL
Shall mean oil, fat, or grease in a physical state which will separate by gravity from wastewater through treatment in an approved pretreatment facility. A wastewater shall be considered free of "floatable oil" if it is properly pretreated in such a manner that the discharged wastewater does not interfere with the wastewater facilities.
GREASE or FATS
Shall mean any material which is extractable from an acidified sample of a waste by hexane or other designated solvent.
HEAVY METALS
Shall mean the electro-negative metals with a density greater than five (5) grams per cubic centimeter, including but not limited to lead, chromium, mercury, nickel, and zinc, plus the non-metallic element arsenic.
INDUSTRIAL WASTES
Shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
JOINT MEETING
Shall mean the municipalities of the City of East Orange, the Township of Hillside, the Town of Irvington, the Township of Maplewood, the Township of Millburn, the City of Newark, the Borough of Roselle Park, the Village of South Orange, the City of Summit, the Township of Union and the Town of West Orange, organized in Joint Meeting pursuant to 40:63-68, et seq., of the Revised Statutes of the State of New Jersey under the terms of a contract dated June 1, 1926, as supplemented, in the matter of an outlet sewer and treatment plant for the municipalities, and, when the context requires, shall mean the Executive Director or his authorized deputy, agent, or representative.
JOINT SEWER
Shall mean and include the joint outlet or trunk sewer constructed by the several municipalities under a contract dated March 15, 1901; the Supplementary Joint Trunk Sewer and Sewage Disposal Plant constructed under a contract between the member municipalities dated June 1, 1926, and contract dated March 9, 1931; or shall mean any trunk sewer therefore or thereafter constructed and maintained by the Joint Meeting.
MAJOR INDUSTRY
Shall mean an industrial user of Municipal or Joint Meeting wastewater facilities that: (a) has a flow of fifty thousand (50,000) gallons or more per work day; (b) has in its waste toxic substance injurious to the treatment process or sewer system; (c) is found by USEPA, NJDEP, Joint Meeting or Municipality to have a significant impact, either singly or in combination with other contributing industries, on Municipal or Joint Meeting wastewater facilities or upon the quality of effluent from these wastewater facilities; or (d) has a detrimental effect upon human health or welfare.
NJDEP
Refers to the State of New Jersey Department of Environmental Protection, or successor agency.
NON-STATIONARY SOURCE
Shall mean any mobile vehicle, piece of equipment or appurtenance thereof that is utilized in the discharge of waste or wastewater to any sewer or natural outlet. The term includes, but is not limited to, tank trucks and dump trucks as well as associated equipment and appurtenances. Fixed, permanent or semi-permanent equipment is excluded from the category of non-stationary source, and is regulated elsewhere in this chapter.
NPDES
Shall mean National Pollutant Discharge Elimination System.
PERSON
Shall mean any individual, firm, company, partnership, society, association, corporation (public or private), or group, including heirs, executors, administrators or assigns.
PETROLEUM HYDROCARBONS
Shall mean that portion of the total extractable grease or fats, which is not retained on an activated alumina absorption column after elutriating with hexane.
pH
Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PRETREATMENT
Shall mean treatment given to waste by other than residential users prior to its direct or indirect discharge to Municipal or Joint Meeting wastewater facilities to remove illegal and/or undesirable waste constituents, or to reduce the strength of waste prior to discharge to publicly owned wastewater facilities.
SANITARY SEWER
Shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
SEWAGE
Shall mean a combination of the water-carrier wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and stormwaters as may be present.
SEWAGE WORKS
Shall mean all facilities for collecting, pumping, treating, and disposing of sewage.
SEWER
Shall mean a pipe or conduit for carrying sewage.
SLUG
Shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.
SUSPENDED SOLIDS
Shall mean 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.
USEPA
Refers to the United States Environmental Protection Agency, or successor agency.
[Ord. No. 1676 Art. III §§ 1-4; Ord. No. 00-2440 § 3]
a. 
Connections or building sewers shall, wherever possible, be made to local sewers and not to Joint Meeting main lines or trunk sewers. No municipality or person shall make any direct connection with the Joint Sewer without having first obtained a written permit from the Joint Meeting and from the City of Summit.
b. 
Each permit to connect with the Joint Sewer, if and when issued, will require that the applicant for such permit agrees that it or he will carefully make the connection with the Joint Sewer in the manner prescribed by the rules and regulations of the Joint Meeting; that it or he will indemnify and save harmless the Joint Meeting from all accidents and damages caused by any negligence in protecting his work or any imperfect or inadequate work done by virtue of such permit; that it or he will faithfully comply with the ordinances of the municipality and that he will replace and restore the sidewalk, pavement or street surface over any opening he may have made, the work to be subject to the inspection and approval of the Joint Meeting.
c. 
Connections with the Joint Sewer shall be made only by a plumber licensed in the municipality where the connection is to be made or by some other person duly authorized by the Joint Meeting. Connections shall be made with suitable materials approved by the Joint Meeting. All work included in the construction of connections with the Joint Sewer or relating thereto shall be done to the satisfaction of the Joint Meeting, and the person or persons doing the work shall accept as final all decisions of the Joint Meeting as to the fitness of all materials furnished or work done and shall immediately replace all work rejected.
d. 
Connections shall be such as to provide flexibility and water tight joints. A manhole shall be provided if required. Connections shall include a cast iron hub set and sealed in the main sewer. No connections shall be covered until inspected by the Joint Meeting. No top connections will be permitted.
[Ord. No. 1676 Art. III § 5; Ord. No. 2215 § 1; Ord. No. 00-2440 § 3]
a. 
No person shall discharge or cause to be discharged any storm water, surface water, ground water (except as set forth below), to runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
1. 
Direct or indirect discharges of ground water to the Joint Meeting Wastewater Treatment Facilities shall only be permitted under the following circumstances:
(a) 
The proposed discharger or applicant has filed an application for and has been issued a Non-Domestic Wastewater Discharge Permit ("Permit") by the Joint Meeting.
(b) 
For long-term, continuous discharges, the municipality where the site remediation project of the applicant is located or, at the election of the municipality, the proposed discharger or applicant ("Municipality/ Applicant") will be required to identify and eliminate two (2) gallons of infiltration/ inflow to the Joint Meeting Wastewater Treatment Facilities for each gallon of ground water to be delivered into the Joint Meeting Wastewater Treatment Facilities on a daily average over the life of the remediation project discharge (2 to 1 offset).
(1) 
The location(s) of the remedial work to be performed by the Municipality/Applicant shall be identified by the municipality and agreed to by the Joint Meeting, through the use of Phase III Sewer System Evaluation Report, prepared by Hazen and Sawyer, dated August, 1983, and as supplemented, which was previously distributed by Joint Meeting to each member municipality in the Joint Meeting service area, or such other report as may be available in the case of non-member municipalities.
(2) 
The remedial work to be performed by the Municipality/Applicant shall be completed within a time period that shall not exceed one-half (1/2) of the time frame of the remediation project discharge estimated by the municipality and the Joint Meeting. In the event that extraordinary, unforeseen circumstances occur that will affect the ability of the Municipality/Applicant to meet the time period previously agreed upon by the parties for completion of the infiltration/inflow remedial work, the Municipality/Applicant may seek an extension of the time period through the filing of a written request not less than sixty (60) days before a previously defined and agreed upon milestone, fully describing the extraordinary, unforeseen circumstances and specifying the additional time necessary to complete the remedial work as a result thereof. Such requests for extensions will be considered by the Joint Meeting on a case-by-case basis, and an extension of time shall not be unreasonably withheld.
(3) 
An applicant may not discharge ground water to the Joint Meeting Wastewater Treatment Facilities until it has obtained a Permit and an agreement is reached between the Joint Meeting and the municipality and/or the applicant upon the terms of the remediation work to be performed to satisfy the 2 to 1 offset policy set forth in this regulation.
(4) 
At intervals to be mutually agreed upon by the Municipality/Applicant and the Joint Meeting, the Municipality/Applicant shall be required to demonstrate, in written progress reports, to the satisfaction of the Joint Meeting that the Municipality/Applicant is making definable progress in performing the remedial work so as to be able to complete the work within the time frame established in accordance with paragraph a(1), (2) above.
(5) 
The Engineer of the municipality where the remedial work has been performed will be required to submit to Joint Meeting a certification stating that the remedial work has been completed and such certification must be submitted within one (1) week of the date of the completion of the work.
(6) 
After the time that the location(s) of the remedial work is identified by the Municipality and agreed to by the Joint Meeting, but prior to the initiation of the remedial work, the Municipality/Applicant will be required to submit proof to the Joint Meeting that a Performance Bond in the amount of one hundred (100%) percent of the value of the remedial work and naming the Joint Meeting as a co-obligee has been issued to ensure that such work is completely performed.
b. 
1. 
For short-term, batch discharges, the Municipality/Applicant will be required to identify and eliminate two (2) gallons of infiltration/inflow into the Joint Meeting Wastewater Treatment Facilities for each gallon of ground water to be delivered to the Joint Meeting Treatment Works on a daily average over the life of the remediation project discharge (2 to 1 offset); or
2. 
The material to be discharged from the site of the remediation project may be delivered in tanker vehicles to the Joint Meeting Wastewater Treatment Facilities in Elizabeth, New Jersey for direct discharge at a rate of three ($.03) cents per gallon, for example, one hundred fifty ($150.00) dollars per five thousand (5,000) gallon trailer, to compensate Joint Meeting for the costs to sample, monitor and process the discharge. The use of this option will be at the reasonable discretion of the Joint Meeting in order to avoid the arrival of a number of trailers that will adversely impact the performance of treatment operations by the Joint Meeting.
c. 
In the event the 2 to 1 offset option is selected with respect to short-term, batch discharges, then the following procedures shall apply:
1. 
The location(s) of the remedial work to be performed by the Municipality/Applicant shall be identified by the municipality and agreed to by the Joint Meeting, through the use of the Phase III Sewer System Evaluation Report, prepared by Hazen and Sawyer dated August, 1983, and as supplemented, which was previously distributed by Joint Meeting to each member municipality in the Joint Meeting service area, or such other report as may be available in the case of nonmember municipalities.
2. 
The remedial work to be performed by the Municipality/Applicant shall be completed within a time period that shall not exceed one-half (1/2) of the time frame of the remediation project discharge estimated by the proposed discharger or applicant and approved by the municipality and the Joint Meeting. In the event that extraordinary, unforeseen circumstances occur that will affect the ability of the Municipality/Applicant to meet the time period previously agreed upon by the parties for completion of the infiltration/inflow remedial or, the Municipality/Applicant may seek an extension of the time period through the filing of a written request not less than sixty (60) days before a previously defined and agreed upon milestone, fully describing the extraordinary, unforeseen circumstances and specifying the additional time necessary to complete the remedial work as a result thereof. Such requests for extensions will be considered by the Joint Meeting on a case-by-case basis, and an extension of time shall not be unreasonably withheld.
3. 
An applicant may not discharge ground water to the Joint Meeting Wastewater Treatment Facilities until it has obtained a permit and an agreement is reached between the Joint Meeting and the municipality and/or the applicant upon the terms of the remediation work to be performed to satisfy the 2 to 1 offset policy set forth in this regulation should this option be selected with respect to a short-term, batch discharge.
4. 
At intervals to be mutually agreed upon by the Municipality/Applicant and the Joint Meeting, the Municipality/Applicant shall be required to demonstrate in written progress reports, to the satisfaction of the Joint Meeting, that the Municipality/Applicant is making definable progress in performing the remedial work so as to be able to complete the work within the time frame established in accordance with paragraph c, 2 above.
5. 
The Engineer of the municipality where the remedial work has been performed will be required to submit to the Joint Meeting a certification stating that the remedial work has been completed and such certification must be submitted within one (1) week of the date of the completion of the work.
6. 
After the time that the location(s) of the remedial work is identified by the Municipality and agreed to by the Joint Meeting, but prior to the initiation of the remedial work, the Municipality Applicant will be required to submit proof to the Joint Meeting that a Performance Bond in the amount of one hundred (100%) percent of the value of the remedial work and naming the Joint Meeting as a co-obligee has been issued to ensure that such work is completely performed.
d. 
The ground water to be discharged to the Joint Meeting Wastewater Treatment Facilities pursuant to a permit will be, at all times, subject to analyses by the Joint Meeting, at the sole cost of the applicant, to ensure that the proposed discharge shall meet the quality limits as set forth in these Sewer Use Rules and Regulations. At any time during the period of the discharge of ground water to the Joint Meeting, a failure by the applicant to meet such quality limits shall be the basis for a revocation of the Permit and a discontinuation of the discharge, and/or such enforcement measures as are authorized by law to be taken by the Joint Meeting.
e. 
The proposed discharger of applicant shall be obligated to institute pretreatment measures prior to the direct or indirect discharge of ground water to the Joint Meeting in the event the ground water fails to meet the parameters and acceptance of the discharge set forth in the Sewer Use Rules and Regulations.
f. 
Credits for future discharges of ground water through the removal of infiltration/inflow pursuant to the above provisions may be accumulated or "banked"; however, such credits may only be transferred in accordance with ownership of the site identified as the source of ground water at the time of the performance of the remediation work.
[Ord. No. 1676 Art. IV; Ord. No. 00-2440 § 3]
As a pre-condition for the right to discharge waste in any form into the sewers and wastewater facilities of the Municipality or Joint Meeting, all industrial users shall provide immediate access to their facilities at any time during which there is a discharge to the wastewater facilities. Access shall also be provided for the purpose of checking the quality of the discharge, taking samples, and making tests of the discharge, or for the purpose of permitting the enforcement of this section, and shall be made available to the Municipality, Joint Meeting, NJDEP and USEPA. All users shall provide access to property and premises for inspection to determine if there are any violations of the terms or provisions of this section.
[Ord. No. 1676 Art. V; Ord. No. 00-2440 § 3]
As a pre-condition for the right to discharge waste in any form into the sewers and wastewater facilities of the Municipality or the Joint Meeting, all persons subject to this section shall be required to provide information to the Municipality, Joint Meeting, NJDEP and USEPA, as needed, to determine compliance with this section. This information may include:
a. 
Wastewater discharge rate and volume over a specific time period;
b. 
Chemical analysis of wastewater;
c. 
Information on raw materials, processes, and products affecting wastewater volume and quality;
d. 
Quantity and disposition of specified liquid, sludge, oil, solvent, or other materials important to sewer use control;
e. 
A plot plan of sewers on the user's property showing sewer and pretreatment facility location;
f. 
Details of wastewater pretreatment facilities;
g. 
Details of systems designed to prevent and/or control the loss of spilled materials to the sanitary sewer (i.e. spill prevention plan).
h. 
Any other information required by the Municipality or Joint Meeting.
[Ord. No. 1676 Art. VI; Ord. No. 00-2440 § 3]
All measurements, tests, and analyses of the characteristics of wastewater, 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 jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, or other methods or procedure that may be acceptable to the governmental authority requiring the measurements, tests, or analyses. Sampling method, location, time, duration, and frequency shall be determined on an individual basis by the governmental authority requiring the sampling.
[Ord. No. 1676 Art. VII; Ord. No. 00-2440 § 3]
All users of the wastewater facilities shall comply with the requirements of the written rules and regulations of the Municipality and Joint Meeting, which regulations shall become effective upon the filing of certified copies in the Office of the City Clerk after November 22, 1977.
[Ord. No. 1676 Art. VIII; Ord. No. 00-2440 § 3]
It shall be unlawful to discharge any wastewater or other polluting material into any natural outlet within the Municipality, except where suitable treatment has been provided and where an NPDES permit has been obtained from the appropriate governmental authority where required.
[Ord. No. 1676 Art. IX; Ord. No. 00-2440 § 3]
No person shall maliciously, intentionally, or negligently break, damage, destroy, uncover, deface, or tamper with, any structure, appurtenance, or equipment that is part of the wastewater facilities of the Municipality of Joint Meeting.
[Ord. No. 1676 Art. X; Ord. No. 00-2440 § 3]
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 termination of the authority to discharge to the public wastewater facilities.
b. 
Any person violating any of the provisions of this section shall, upon conviction, be subject to a fine not to exceed five hundred ($500.00) dollars or imprisonment not to exceed ninety (90) days or both. Each and every day during which a violation of any provision of this section exists shall constitute a separate violation. Notwithstanding the aforesaid provisions, all violators shall be liable in a civil action for damages for any expense, loss, or damage suffered by the Municipality of Joint Meeting as a result of the violation or violations.
[Ord. No. 1676 Art. XI; Ord. No. 00-2440 § 3]
If any portion of this section shall be declared unconstitutional, invalid, or inoperable by a court of competent jurisdiction, the remaining portions thereof shall continue in full force and effect.
[1983 Code Part VI T.43 § 1]
The municipal sewer system consisting of main sewers, sanitary sewers, lateral sewers, sewage treatment or disposal plants, pumping stations and any and all improvements, erections, works, establishments and fixtures to provide proper sanitary sewerage for the City of Summit and controlled and managed by the City, whether owned or controlled by it, is hereby created and established as a municipal public utility for all of the purposes of the Local Bond Law of New Jersey and the Local Budget Law of New Jersey.
[1983 Code Part VI T.43 § 2]
The municipal public utility is hereby found and determined to be a utility, enterprise or purpose authorized to be undertaken by the City and from which it may receive rates, rentals or other charges for or in connection with or the use of services of such municipal public utility which shall be held, used and applied in accordance with the provisions of the Local Bond Law and the Local Budget Law and any other applicable laws.
[Ord. No. 1174 § 5]
The following fees are payable to the City Engineer or the City Clerk:
a. 
Done by City: $500.00.
b. 
Done by Owner: $50.00.
[Ord. No. 2356 §§ 1—3; Ord. No. 2387 §§ 1—3; Ord. No. 00-2426 §§ 1—3; Ord. No. 01-2466 §§ 1—3; Ord. No. 02-2517 §§ 1—3; Ord. No. 03-2556 §§ 1—3; Ord. No. 04-2592 §§ 1—3; Ord. No. 05-2648 §§ 1—3; Ord. No. 06-2704 § 1; Ord. No. 07-2756 § 1—3; Ord. No. 08-2795; Ord. No. 09-2852 §§ 1—3; Ord. No. 10-2890 §§ 1, 2; Ord. No. 11-2956; Ord. No. 12-2971; Ord. No. 12-2978 §§ 1—3; Ord. No. 13-3025; Ord. No. 14-3062; Ord. No. 2015-1388; Ord. No. 2016-3118; Ord. No. 2017-3133 §§ 1-5; Ord. No. 2018-3163]
a. 
Sewer Charges shall be set annually by Resolution of the Common Council by March 1 for the within calendar year except that Sewer Charges for calendar year 2018 shall be set by May 8, 2018. Sewer Charges shall include the interest rates, per annum, to be charged on delinquent Sewer User Charges.
b. 
Sewer User Charges shall be due and payable by June 15 of each calendar year.
c. 
That the Tax Collector is hereby authorized to process the cancellation of domestic sewer user fee delinquencies and/or refunds of less than ten ($10.00) dollars pursuant to N.J.S.A. 40A:5-17.1.
d. 
Delinquent domestic and industrial sewer charges are a lienable charge and subject to the Tax Sale Laws in accordance with N.J.S.A. 54:5-1 et seq.