Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Elmwood Park, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[1969 Code § 66-1]
The Superintendent of Public Works, under the direction of the Public Works Committee of the Borough, shall have full charge of all public sewers and drains or conduits within the Borough, and all connections therewith shall be constructed, made and kept in repair under the supervision of the Superintendent of Public Works, subject only to revision by the Mayor and Borough Council.
[1969 Code § 66-2]
The Superintendent of Public Works shall have power to stop and prevent the discharge of sewage from any premises within the Borough into any public street, watercourse or any public place, or into any cesspool, drain or private sewer, and may direct that proper connections be made with the public sewer for the removal of sewage from any premises whenever it may seem to the Superintendent or Public Works Committee that the public interests will be served thereby.
[1969 Code § 66-3]
No connection, except for sewage, shall be made with either lateral or main sewer.
[1969 Code § 66-4]
All cesspools upon properties connected with sewers shall, immediately after such connection is made, be abolished and the vaults cleaned and filled up in the manner required by the Board of Health.
[1969 Code § 66-5]
All connections of private sewers shall be made only by the Superintendent of Public Works or under his supervision.
[1969 Code § 66-6; Ord. No. 77-4]
If any person desires to construct or install at his, her or its own expense any lateral sewer to be connected to the main sewer, or water line to be connected to the water main, such work shall be done under the supervision of the Superintendent of Public Works and before proceeding with such work, said person or persons or corporation shall perform the following acts:
a. 
Said person shall submit to the Plumbing Subcode Official and the Superintendent of Public Works plans for the construction and/or installation of any lateral sewer to be connected to the main sewer or water line to be connected to the water main; and prior to the issuance of any permit required as hereinafter set forth, shall deliver a bond to the Borough of Elmwood Park in a sum to be determined by the Mayor and Borough Council specifically indemnifying and saving harmless the Borough of Elmwood Park against all damages and costs from any injury which may have accrued to any persons or property by reason of any negligence or carelessness on said person or persons or corporations part during the progress of said work, or by reason of any injury or obstruction which said person or persons or corporation may do or cause to be done to any of the sewers, drains, or water mains of the Borough in any manner whatsoever.
b. 
Prior to the commencement of any construction or installation, but subsequent to the submission of the plans and bond as heretofore set forth, said person shall make application for a permit to the Borough Clerk evidencing the submission of plans and bond and further guaranteeing that said person shall replace and restore all streets and settling of pavement and any such opening immediately upon completion of the water and/or sewer connection and with the same or comparable materials as that existing prior to said opening and shall maintain same in good condition for a space of six months to the satisfaction of the Superintendent of Public Works and the Borough Engineer and all openings made as hereinbefore provided shall be closed within 48 hours after commencement of work. During the period when the street or pavement are open, the person, persons, or corporation themselves or their agents, servants or employees, shall insure that the street or pavement opening shall be adequately and safely protected to prevent injury or harm to any persons or property.
[1969 Code § 66-7; Ord. No. 77-4]
All pipes and materials used in connection with the construction and/or installation of any sewer lateral to be connected to the main sewer or water line to be connected to the water main shall conform with specifications on file in the office of the Borough Clerk as to the type of pipe to be used in connection with the construction and/or installation. Specifications shall be supplied to the Borough by the Borough Engineer and subject to his review on an annual basis.
[1969 Code § 66-8]
The streets, roads and avenues shall be opened in such manner and the material excavated shall be so deposited that the public will be subjected to as little inconvenience as possible, and so as to provide for the free flow of water along the gutters.
[1969 Code § 66-9; Ord. No. 05-25 § 1; Ord. No. 06-1 § 1]
The sum of $200 shall be paid to the Department of Public Works at the time of granting of said permits as set forth in subsection 25-1.6 to connect each dwelling unit. Dwelling unit shall be defined as individual connection to the main sanitary sewer collection system.
[1969 Code § 66-10; Ord. No. 77-4; Ord. No. 05-25 § 1; Ord. No. 06-1 § 1]
In addition to the permit fees outlined in subsection 25-1.9, there shall be a separate charge in the nature of a connection fee or tapping fee for each connection, per living unit, of any property, to the sewage system. Such charge shall be in addition to the actual costs of connection, which shall be borne by the property owner or occupant.
Each owner of real estate whose property is hereafter connected with the main sanitary sewer collection system shall pay the sum of $1,000 per living unit. This connection fee is within that allowed by N.J.S.A. 40A:26A-11.
[1969 Code § 66-11]
In addition to the charges aforementioned, each owner of real estate whose property is located upon a County or State road within the municipality, such property owner shall be required to pay all costs and charges required by the State or County for the opening of any of the streets, roads or avenues, and also all costs and charges required by the State or County for the replacement and restoration of all such streets, roads and avenues.
[Ord. No. 06-1 § 2]
a. 
Upon conviction, the penalty for the first offense shall not exceed $2,000.
b. 
Upon conviction, the penalty for the second offense shall not exceed $4,000.
[1969 Code § 66-12]
As used in this section:
HOUSE SEWER
Shall mean that portion of the sanitary sewer system of any building which extends from a point of five feet beyond the inside face of the wall of the building to its connection with the public sewer.
[Ord. No. 77-4]
All outside house sewer piping shall conform to specifications on file in the office of the Borough Clerk or as supplied by the Borough Engineer.
[1969 Code § 66-17; Ord. No. 77-3; Ord. No. 85-19]
As used in this section:
FLOTABLE 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 flotable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
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.
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.
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.
SEWAGE
Shall mean the spent water of a community. The preferred term is "wastewater."
SEWER
Shall mean a pipe or conduit that carries wastewater or drainage water.
STORM DRAIN (SOMETIMES CALLED "STORM SEWER")
Shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
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.
[1969 Code § 66-18; Ord. No. 77-3; Ord. No. 85-19]
It shall be unlawful to discharge into any natural outlet within the Borough 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.
[1969 Code § 66-19; Ord. No. 77-3; Ord. No. 85-19]
No person shall make connection on roof downspouts, foundation drains, areaway drains, or other sources of surface runoff of groundwater to a building sewer or drain, which in turn is connected directly or indirectly to a public sanitary sewer unless approved by the Borough for purpose of disposal of polluted surface drainage.
[1969 Code § 66-20; Ord. No. 77-3; Ord. No. 85-19]
The Governing Body shall appoint or designate some suitable person to administer this section.
[1969 Code § 66-21; Ord. No. 77-3; Ord. No. 85-19]
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 Borough Clerk.
[1969 Code § 66-22; Ord. No. 77-3; Ord. No. 85-19]
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 and/or the termination of the authority to discharge into the system.
[1969 Code § 66-23; Ord. No. 77-3; Ord. No. 85-19]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each and every day in which a violation of any provision of this section exists shall constitute a separate violation.
[Ord. No. 93-20 § 1]
As used in this section:
INTERCEPTOR
Shall mean a device designed and installed so as to separate and retain harmful, hazardous or undesirable matter from normal wastes which permitting normal sewage or liquid waste to discharge into the sanitary sewer system by gravity of the Borough of Elmwood Park.
[Ord. No. 93-20 § 2; Ord. No. 94-11]
Interceptors are required to be installed in each facility, business or commercial establishment generating liquid waste containing grease, oil, flammable waste, sand, solids, and other ingredients harmful to the building of a sanitary sewer drainage system, or a public sanitary sewer or sanitary sewerage treatment plant or process. All food establishments, dry cleaners, laundries are specifically mandated to have interceptors. Residential premises are exempt from this requirement.
[Ord. No. 93-20 § 2]
The type and size of each interceptor shall be in compliance with the Uniform Construction Code regulation N.J.A.C. 5:23 et seq. as amended. The appropriate construction permit shall be obtained before the installation of any device pursuant to and in accordance with this section.
[Ord. No. 93-20 § 2]
Each interceptor shall be so installed that it is readily accessible for inspection by the appropriate municipal department responsible for the enforcement of this section.
[Ord. No. 93-20 § 2]
Interceptors shall be maintained in an efficient operating condition by periodic removal of accumulated grease, scum, oil or other floating substance and solids deposited in the interceptor. In any event, periodic removal shall be no less often than every six months and a written record must be kept of each and every such maintenance procedure.
[Ord. No. 93-20 § 3]
a. 
The Plumbing Subcode Official and the Board of Health are hereby designated to administer the provisions of this section and are hereinafter referred to as the "enforcement officers."
b. 
An inspection shall be made of each premises required to have an interceptor on a quarterly basis by the enforcement officers. This inspection shall review the operation and maintenance records required to be kept by the owner in addition to inspecting that the unit is operational. There shall be an annual fee established for this inspection payable to the Borough Construction Department at the beginning of each calendar year in the sum of $50 per inspection.
c. 
Whenever the enforcement officer determines that there is a violation of any provision of this section, he shall give notice of such violation to the person, persons or entities responsible therefore under this section. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be properly and sufficiently served if a copy thereof is sent by registered or certified mail to the last known address of the person or entity upon which the same is served, as shown by the most recent tax lists of the municipality, or a copy thereof handed to such person or persons or a copy thereof left at the usual place of abode or office of such person or entities. Notice shall be given as aforesaid within or without the municipality. The notice shall also state that unless the violation is abated, removed, cured, prevented, cessation of or cure of the condition violated cannot reasonably be effected within the ten-day period; and, in such cases, the enforcement officer shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid 10 days. In the event the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within the ten-day period or within such extended period as set forth in the notice pursuant to the foregoing, a summons shall then issue against the person, entity or entities so notified.
[Ord. No. 93-20 § 4; New]
Any person who violates or neglects to comply with any provision of this section or any regulation promulgated pursuant thereto shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each and every day a violation exists shall constitute a separate offense.
[Ord. No. 05-33 §§ I - VI]
a. 
Purpose. The purpose of this subsection is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Elmwood Park, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Borough of Elmwood Park or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
c. 
Prohibited Conduct. The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Elmwood Park is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
d. 
Exceptions to Prohibition.
1. 
Water line flushing and discharges from potable water sources.
2. 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
3. 
Air conditioning condensate (excluding contact and non-contact cooling water).
4. 
Irrigation water (including landscape and lawn watering runoff).
5. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
6. 
Residential car washing water and residential swimming pool discharges.
7. 
Sidewalk, driveway and street wash water.
8. 
Flows from firefighting activities including the washing of firefighting vehicles.
9. 
Vehicle and equipment washwater from municipal operations pursuant to Part I, Section F.8e of the Borough's Tier A Municipal Stormwater General Permit.
10. 
Flows from rinsing of the following equipment with clean water:
(a) 
Beach maintenance equipment immediately following their use for their intended purposes; and
(b) 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
e. 
Enforcement. This subsection shall be enforced by the Department of Public Works/Health Department of the Borough of Elmwood Park.
f. 
Penalties. Any person(s) who continues to be in violation of the provisions of this subsection, after being duly notified, shall be subject to a fine not to exceed $100.
[Ord. No. 05-36 §§ I - V]
a. 
Purpose. The purpose of this subsection is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Elmwood Park, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Elmwood Park, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. 1317(a), (b), (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Borough of Elmwood Park or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production of use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
c. 
Prohibited Conduct. No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Elmwood Park any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
d. 
Enforcement. This subsection shall be enforced by the Department of Public Works of the Borough of Elmwood Park.
e. 
Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $100.