Township of West Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
[Editor's Note: See Chapter 2, Administration, for the establishment of the Water Department in Section 2-12.]
[1993 Code § 205-1]
All authority connected with the public water supply of the township and the administration thereof is vested in the Mayor and Council. Any powers delegated to officers of the township are granted to them as agents, and the ultimate power to make a decision in any matter resides wholly in the Mayor and Council.
[1993 Code § 205-2]
The Water Department shall use diligence and reasonable care to provide a continuous supply of water through its mains, but in the event of breakage, failure, accident or work on the water distribution system or whenever, in the judgment of the Department, an emergency may so require, the water supply may be shut off, with or without notice, for so long a period as is deemed necessary. The township and the Department shall not be liable to any consumer for any damage resulting from such action.
[1993 Code § 205-3]
The Mayor and Council shall make such rules and regulations as it may deem necessary for the conservation of its water supply, the maintenance of its plant and the administration of the Department.
[1993 Code § 205-4]
The water supply of a consumer may be shut off by the Department for any violation of the provisions of this chapter or of the rules and regulations of the Mayor and Council. The township and the Department shall not be liable to any consumer for any damage resulting from such action.
[1993 Code § 205-5]
The provisions of this section and any rules and regulations of the Mayor and Council shall be deemed a part of the contract with each property owner connected to the distribution system, and each such property owner shall be considered as having expressed his acceptance thereof.
[1993 Code § 205-6; New; Ord. No. 1410 § 1; Ord. No. 1478 § 1; Ord. No. 1486 § 1; Ord. No. 1524 § 1; Ord. No. 1552 § 1; Ord. No. 1577 § 1; Ord. No. 1656 §§ 1, 2; Ord. No. 1664 § 1; Ord. No. 1767-2014; Ord. No. 1776-2015]
a. 
The following are the charges of the Water Department of the Township of West Caldwell:
1. 
Water consumption, per 1,000 gallons of water: $8.05.
2. 
Minimum quarterly charge to all consumers connected to the system: $19.[1]
[1]
Editor's Note: These rates take effect commencing with the water billing mailed January 2016.
3. 
Well owners not connected to or not using the public water system will be charged an annual rate of $12 for fire hydrant services and shall be billed annually.
4. 
Meters. Costs for meters shall be as follows:
Meter
Fee
5/8 inch x 5/8 inch
$145
5/8 inch x 3/4 inch
$220
3/4 inch x 3/4 inch
$220
1 inch
$270
Meters 1 1/2 inch and larger are to be charged at a rate of 1.5 times the actual cost incurred to the Township of West Caldwell for meter, equipment and installation.
5. 
One inch tap charge: $350.
6. 
Nonemergency shutoff/turn-on charge (nonworking hours): $45.
7. 
Meter testing charge for all meters smaller than one inch: $30. All meters over one inch: actual cost to the township plus $20.
8. 
Sprinkler permit charge: $100.
9. 
Flow test (commercial and industrial): $200.
10. 
Pressure test inspection (new water mains, commercial and industrial): $100.
11. 
Hydrant test, minimum (private property): $25 per hydrant.
12. 
Hydrant test, conditional, on cost of labor to the township (private property): as determined under paragraph a, 17.
13. 
Quarterly hydrant standby charge: $25 per hydrant.
14. 
Final reading: $10.
15. 
An annual standby charge, for all buildings equipped with a sprinkler system, payable quarterly, at the rate of:
Annual Charge
Quarterly Billing
Building Size
(square feet)
$100
$25
0 to 2,000
320
80
2,001 to 25,000
360
90
25,001 to 50,000
400
100
50,001 to 100,000
200
50
Per 50,000 above 100,000
16. 
Construction water charges:
(a) 
New residents: $35 per unit.
(b) 
Commercial and industrial buildings: $75 to $250 depending on the size of the building.
17. 
Cost of labor is determined by multiplying the actual or overtime hourly rate by 1.3.
18. 
Water service termination (shut off) resulting from nonpayment of water charges shall be: $30.
19. 
Water service restoration (turn on) resulting from a shut off for nonpayment of water charges shall be: $30.
20. 
Formal shut-off notice fee resulting from nonpayment of water charges shall be $20.
b. 
A building or residence under this section shall include an individual office or business condominium unit.
c. 
The Mayor and Council may approve, by resolution, an increase in the water rate per thousand gallons up to the percentage increase in the amount imposed on the Township by the bulk water supplier.
d. 
The Mayor and Council shall from time to time, as circumstances warrant, fix all water charges by ordinance.
[1993 Code § 205-7; Ord. No. 1478 § 2; Ord. No. 1593 § 1; Ord. No. 1767-2014]
a. 
All charges in connection with the water system shall be billed against the owner of the property served and shall be payable to the Department at the office of the Department.
b. 
Bills shall be on a quarterly basis and shall be due when rendered. Interest will be charged in the same manner as taxes, at the rate of 8% on the first $1,500 of delinquency and 18% on any amount of delinquency over $1,500 until such time as the water charges are paid current.
c. 
In the case of a bill unpaid 60 days after it becomes due, the water supply may be shut off. An account that has been mailed a formal shut-off notice shall not be removed from the shut-off process until all unpaid charges, penalties and notice fees have been paid in full by certified funds. A supply shut-off for nonpayment of water charges shall be charged a turn-off fee and shall not be turned on again until all charges, including penalties and fees, have been paid plus a turnon charge for restoring service. All unpaid charges shall immediately become a lien upon the property to which the water is furnished.
These rates and charges shall take effect January 1, 2015 and shall rescind all prior ordinances, resolutions and fee schedules of the Township of West Caldwell.
[1993 Code § 205-8]
a. 
Application for connection to the water distribution system shall be made in writing to the Department on a form furnished by the Department and signed by the owner of the property to be served or by his authorized agent. The water connection charge shall be paid at the time the application is made. If a connection is not made for any reason, the water connection charge, less any expense incurred by the Department, shall be returned to the property owner.
b. 
The water connection charge shall include the making of the tap in the main, the corporation cock, the curb stop, the curb box and the furnishing and installation of a water meter. Excavating work and the furnishing and installation of the piping from the tap to the meter shall be done by and at the expense of the property owner. A grade and kind of pipe approved by the Department shall be used.
c. 
Where connection to the distribution system involves excavation of an improved street, the application shall not be accepted by the Department until the property owner or his agent has secured a street opening permit from the proper authority.[1]
[1]
Editor's Note: Street excavations, see Chapter 17, Section 17-1.
d. 
Where water service is furnished in connection with construction work, the water shall be metered where practicable. Where metering is not practicable, the service may be unmetered upon payment of construction water charges as set forth in this section. Willful, malicious or careless waste of water on unmetered service is forbidden.
e. 
The township and the Department shall not be responsible for any damage, however caused, consequent upon any work done in connection with the installation of part or all of the line from a tap to a building.
[1993 Code § 205-9; New]
a. 
The location provided by a property owner for a water meter shall be readily accessible for reading and maintenance purposes and shall be such as to offer adequate protection against damage to the meter. A shutoff valve shall be provided by the property owner on each side of and directly adjacent to the meter. No fixture of any kind from which water might be drawn shall be placed on the street side of a meter except as herein provided. The meter shall not be installed unless the location and facilities provided for it meet the approval of the Department. All shutoff valves installed or replaced shall be ball valves.
All shutoff valves and piping before and after the water meters are the responsibility of the property owner, and shall be maintained in good working order. The township shall not be held responsible for any damage to these valves and piping during replacement or repair of the water meter.
b. 
All repairs to water meters shall be made by the Department. No person except an employee of the Department shall connect, disconnect, repair, adjust or tamper in any way with a water meter and its automatic reading components. Clear and unobstructed access to the outside reading device shall be provided at all times by the property owner.
c. 
The Department shall own the water meter and, at its own expense, maintain water meters in proper working order insofar as normal wear and tear are concerned. The property owner shall be charged for all damages to a meter and its automatic reading components resulting from injury or negligence.
d. 
In the case of a written complaint that a water meter is not registering properly, a test of the meter shall be made upon payment in advance of a testing charge. If the meter is found to be more than 3% in error, the water charges shall be adjusted for the prior quarter in accordance with the results of the test. If the meter is found to be more than 3% fast, the testing charge shall be returned. The percentage of error shall be determined by averaging results of flow tests conducted on meter.
e. 
Failure of a meter to register properly shall be reported immediately to the Department. Charges for water during the period of such failure shall be computed on the basis of the average consumption over a reasonable period prior to the failure.
f. 
The Department shall have access at all reasonable hours to premises connected to the water distribution system for the purpose of inspecting and maintaining water meters and associated equipment.
[1993 Code § 205-10; New]
a. 
The service line shall be defined as the pipe and fittings from the corporation cock to the center line of the curb stop; including the curb box. The service pipe shall be at least four feet underground. It shall be at a different level and shall be separated by at least four feet from sewer and other pipes and on undisturbed ground. The completed service line shall be inspected and approved by the Department before it is covered.
b. 
The Department shall maintain the service line at its own expense, except that the property owner is responsible for the continuous provision of free access to the curb box.
c. 
No person except an employee of the Department shall turn water on or off at a curb stop unless an emergency exists. In such case, the Department shall be advised immediately of the action taken.
[1993 Code § 205-11; New]
a. 
The private line shall be defined as the pipe, fittings and valves from the center of the curb stop to the water meter. It shall be at least four feet underground at all points outside the building served. It shall be at a different level and be separated by at least four feet from sewer and other pipes and on undisturbed ground. The completed line shall be inspected and approved by the Department before it is covered.
b. 
The property owner shall be responsible for the maintenance of the private line. He shall keep it in good repair and protect it from damage due to frost or other causes and shall be held liable for damage or loss of water resulting from failure to do so.
c. 
Leaks in private lines shall be reported promptly to the Department and repaired by the property owner within a reasonable time. If repairs are not so made, the water shall be shut off by the Department and not turned on again until the line is put in serviceable condition and all charges for damage or loss of water have been paid.
d. 
No addition or alteration shall be made to a private line until the Department has issued a written permit for such addition or alteration.
[1993 Code § 205-12]
a. 
A service line shall serve not more than one building, except that where there is a combination of buildings owned by one party in one common enclosure and occupied by one family or one business, a single service line may serve all buildings in the enclosure.
b. 
A single building shall have only one service line, except that a double house having a solid vertical partition wall may have a service line for each side of the partition.
c. 
In other cases where two or more consumers occupy the same building and it is desired that each consumer pay separately for the water used by him, the necessary number of private lines may be installed and connected to the single curb stop. The manifold connection shall be underground outside the building foundations. The regular water connection charge shall be made for each water meter used in excess of the one ordinarily furnished. In case it becomes necessary to shut off water at the curb stop of a building so equipped, whether for nonpayment of a water bill or for any other reason, the building shall be considered to be one unit by the Department.
[1993 Code § 205-13]
a. 
Water supplied for municipal purposes, other than fire protection, shall be metered, if practicable, and the Department shall be paid for such water at its regular rates. Water service charges shall begin when the service is turned on and shall continue until written notice has been given of a change or transfer of ownership.
b. 
An annual charge shall be paid by the township to the Department for fire hydrant rental. This annual charge shall be fixed by the Mayor and Council.
c. 
No person shall open any fire hydrant to draw water therefrom except an authorized representative of the Fire Department, Department of Public Works or Water Department of the township.
[1993 Code § 205-14; New]
No person shall at any time obstruct free access to any water meter, curb stop, curb box, valve, hydrant or other equipment of the water distribution system. Access and/or visibility of fire hydrants shall not be obstructed in any way. The township shall have the right to remove any such obstructions.
[1993 Code § 205-15; New]
a. 
When written notice has been given by the property owner or his agent, the Department shall discontinue service to property either temporarily or permanently. A water service termination charge shall be made for discontinuing service and a water service restoration charge shall be made when the service is restored. In no event shall water service be restored until all water charges have been paid, unless otherwise approved by the CMFO.
b. 
No adjustments of water charges due to failure of the Department to discontinue or restore water service as requested by a property owner shall be made unless the request for discontinuance or restoration is in writing and duly filed with the Department.
c. 
Any property owner who plans to demolish any existing building which has water service must notify the Water Department so the service can be shut off and the meter removed. In addition, before the building can be demolished the private service line must be cut within three feet of the curb stop. All such work must be observed and inspected by the Water Department to be considered complete.
[1993 Code § 205-16]
All complaints regarding water charges, distribution and consumption shall be made to the Water Department office. The Mayor and Council shall make such adjustment of water charges as seem reasonable in the settlement of complaints. In cases where an adjustment of a water charge has been made, a written report covering the matter completely shall be prepared and filed by the Department with the Mayor and Council.
[1993 Code § 205-17]
Any person doing plumbing work in connection with the installation and maintenance of a private line shall comply with all the rules and regulations of the State Department of Health and of the Board of Health of the township and shall be performed under the supervision of the Water Department.
[1993 Code § 205-18]
No new installation of refrigeration equipment, air-conditioning equipment or refrigeration and air-conditioning equipment requiring the use of water supplied by the township shall be installed on any premises until a permit authorizing such installation has been issued by the Township Clerk/Administrator upon recommendation of the Water Department.
[1993 Code § 205-19]
An application, in duplicate, on forms furnished by the Township Clerk/Administrator for permits for refrigeration, air-conditioning or refrigeration and airconditioning equipment to be installed shall specify the information requested on the application and shall be accompanied by a fee of $200. One approved copy of the application shall be returned to the applicant to serve as a permit.
[1993 Code § 205-20]
All new installations of any individual or collective system of refrigeration equipment, air-conditioning equipment or refrigeration and air-conditioning equipment in any premises for a single consumer shall be installed under the following specifications:
a. 
All new installations of any individual or collective system of refrigeration equipment, air-conditioning equipment or refrigeration and air-conditioning equipment of five tons and over shall be equipped with a water-conserving device such as an economizer, evaporative condenser, water-cooling tower or similar apparatus, which device shall not consume for makeup purposes in excess of 5% of the consumption of water that would normally be used without such device, except as provided in subsection 18-2.7.
b. 
All new installations of refrigeration equipment, air-conditioning equipment or refrigeration and air-conditioning equipment under five tons, not using recirculated water, shall be provided with an automatic water supply regulating device so as to limit the flow of water in relation to the condenser temperature reduction requirements of the apparatus. In no case shall the equipment use in excess of 1 1/2 gallons per minute per ton capacity.
c. 
If two or more units which in the aggregate total five tons or over are installed to serve the same building or premises, the unit or units shall be subject to the same requirements applicable to a unit or equipment of five tons or over as provided in this section.
[1993 Code § 205-21]
Each direct water connection to a refrigeration unit, air-conditioning unit or refrigeration and air-conditioning unit using water for cooling purposes and which is connected with the potable public water system shall be equipped with a vacuum breaker, except in installations where the water supply has no contact with the refrigerant. This will be the case where two substantial and independent wall thicknesses of metal separate the refrigerant from the public water system.
[1993 Code § 205-22]
Refrigerating units, air-conditioning units or refrigerating and air-conditioning units with a capacity of more than 20 pounds of refrigerant shall be provided with a relief valve installed on the outlet side of the vacuum breaker of the water supply connection, such relief valve being set at five pounds above the maximum water pressure at the point of installation.
[1993 Code § 205-23]
All installations of any individual or collective system of refrigeration and/or air-conditioning equipment in any premises for a single consumer shall be installed under the following specifications:
a. 
The term "air conditioning," as used herein, applies to that equipment used primarily for human comfort cooling and shall be considered on the basis that one compressor-motor horsepower is equal to one ton of refrigeration.
b. 
Equipment used for a purpose other than air-conditioning shall be considered on the basis that one compressor-motor horsepower is equal to 0.6 ton of refrigeration.
c. 
Refrigeration or air-conditioning equipment using gas for energy shall be rated on the basis that one ton is equal to the removal of 12,000 Btu's per hour with an evaporating temperature of 5° F. and a condensing temperature of 86° F.
[1993 Code § 205-24]
All installations of any individual or collective system of refrigeration equipment, air-conditioning equipment or refrigeration and air-conditioning equipment of five tons and over shall be equipped with a water-conserving device as provided in subsection 18-2.3. With the advice of the Township Engineer, however, the Mayor and Council may grant, by resolution, permission for a diffusion device which will return the water in a pure and uncontaminated condition, without loss or waste, back into the ground instead of the device required under subsection 18-2.3. If permission is granted for such a diffusion device, it shall be the responsibility of the property owner, tenant or other legal occupant of the premises serviced by such system of refrigeration or air-conditioning equipment to ensure that no water is wasted or contaminated thereby. It is the declared intent of the Mayor and Council that no diffusion well or recharge basin shall be permitted under this section unless it is assured that all water used in such refrigeration or air-conditioning system will be effectively returned in a pure and uncontaminated condition after use to the subterranean sources from which the water is obtained. No connection to a storm or sanitary sewer shall be permitted under this section.
[1993 Code § 205-25]
No air-conditioning or refrigerating unit employing water in its use shall discharge such water into the sanitary sewer system.
[1993 Code § 163-1]
Unless the context specifically indicates otherwise, the meanings of the terms used in this section shall be as follows:
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 days at 20° C., expressed in milligrams per liter.
BUILDING DRAIN
Shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil and waste pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
BUILDING SEWER
Shall mean the extension from the building drain to the public sewer or other place of disposal.
GARBAGE
Shall mean solid wastes from the domestic and commercial preparation, cooking and disposing of foods and from the handling, storage and sale of produce.
HEALTH OFFICER
Shall mean the Health Officer or the person duly licensed by the State of New Jersey and performing the duties of Health Officer appointed by the Board of Health of the Township of West Caldwell.
INDUSTRIAL WASTES
Shall mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
NATURAL OUTLET
Shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
OWNER
Shall mean the registered owner of the property, as appears on the township tax records, to which the building sewer is connected.
PH
Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLUMBING INSPECTOR
Shall mean the Plumbing Inspector duly appointed by the Board of Health of the township.
PRIVATE SEWAGE DISPOSAL SYSTEM
As herein referred to, shall mean those septic tanks, cesspools, sewage disposal devices or subsurface drainage systems in connection with the foregoing serving or designed to serve main (as distinguished from accessory) residential, business or commercial structures and any establishment producing industrial wastes.
PROPERLY SHREDDED GARBAGE
Shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all the particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch [1.27 centimeters] in any dimension.
PUBLIC SEWER
Shall mean a sewer in which all owners of abutting properties have equal rights and which is controlled by the Governing Body of the township.
SANITARY SEWAGE
Shall mean the liquid wastes from homes or other structures, exclusive of industrial wastes or storm and surface waters and drainage.
SANITARY SEWER
Shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SEWAGE
Shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater as may be present from infiltration.
SEWAGE TREATMENT PLANT
Shall mean any arrangement of devices and structures used for treating sewage.
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 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation.
STORM SEWER OR STORM DRAIN
Shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.
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.
TOWNSHIP OF CALDWELL REPRESENTATIVE
Shall mean the duly authorized representative appointed by the Township Council of the township.
WATERCOURSE
Shall mean a channel in which a flow of water occurs, either continually or intermittently.
[1993 Code § 163-2]
a. 
It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the township, or in any area under the jurisdiction of said township, any human excrement or other objectionable waste.
b. 
It shall be unlawful to discharge to any natural outlet within the township, or in or upon any area under the jurisdiction of said township, any sewage or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of this section.
c. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
d. 
The owners of all houses, buildings or properties used for human occupancy, employment or recreation or other purposes, situated within the township and abutting on or having a permanent right of access to any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the township, are hereby required, at their expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this section, within 90 days after the date of official notice from the Board of Health to do so.
[1993 Code § 163-3]
a. 
Where a public sanitary sewer is not available under the provisions of subsection 18-3.2d., the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
b. 
Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit as provided for under subsection 18-3.6a.
c. 
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the local Board of Health.
d. 
The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations or regulations of the Department of Health of the State of New Jersey and state law and any local Board of Health ordinance. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
e. 
At such time as a public sewer becomes available to a property serviced by a private sewage disposal system, as provided in subsection 18-3.2d., a direct connection shall be made to the public sewer in compliance with this section, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and removed or shall be cleaned of sludge and filled with suitable material as directed by the Board of Health.
f. 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the township.
g. 
No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer in compliance with any local ordinances or state regulations or law.
[1993 Code § 163-4; New]
a. 
No unauthorized person shall uncover, use, alter, disturb or make any connection to any public sewer or appurtenance without first obtaining a written permit from the chairman as provided for under subsection 18-3.6b., and such connections shall be made under the direction and supervision of the Department of Public Works and in the manner hereinafter set forth.
b. 
All costs and expenses incident to the installation, connection and maintenance of the building sewer shall be borne by the owner. The owner shall indemnify the township from any loss or damage that may indirectly or directly be occasioned by the installation of the building sewer.
c. 
A separate and independent building sewer shall be provided for every building.
d. 
Old building sewers may be used in connection with new buildings only when they are found, on examination and test, to meet all the requirements of this section.
e. 
The building sewer shall be constructed only of materials that may be approved by the Township Engineer for such use.
f. 
All building sewers shall be constructed in accordance with specifications and standard details on file in the office of the Township Engineer.
g. 
Whenever possible, the building sewer for new construction shall be brought to the building at an elevation below the basement floor. In existing buildings where no plumbing facilities are provided in the basement, the building sewer may be above the cellar floor. The amount of earth cover shall be sufficient to afford protection from frost. In all existing buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by a sump pump. This pump shall be a submersible, heavy-duty, nonclog type with a nonclog enclosed pump impeller. The pump shall be capable of passing 2 1/2 inch spheres. A suction tripod shall be provided of sufficient height to provide proper suction entrance for the liquids and solids to be pumped. The pump casing, impeller and tripod shall be of cast iron. The motor shall be submersible, oil-filled, totally enclosed, ball bearing type with adequate thrust capacity for the pump. It shall be equipped with a stainless steel shaft and an expansion diaphragm. Conduits and fittings shall be attached to the motors with water tight connections. The pump and its installation shall be approved by the Board of Health. An overflow, approved by the Board of Health, shall be provided to permit temporary discharge to an approved subsurface disposal system in the event of pump failure. Under certain conditions, a standby pump may be required, as determined by the Board of Health.
h. 
The applicant for the building sewer permit shall notify the Township Engineer when the building sewer is ready for inspection and connection to the public sewer. The connection shall be left uncovered until inspection by the township representative, which shall take place within two working days of the receipt of notice. All necessary tests and repairs shall be made promptly at the expense of the owner.
i. 
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Township Engineer.
j. 
Any property owner who plans to demolish an existing building which has a building sewer connected to the public sewer must notify the Township Engineer prior to demolition. In addition, before the building can be demolished, the owner, at his expense shall excavate the building sewer at the property line and seal it in a manner acceptable to the Township Engineer.
[1993 Code § 163-5]
a. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
b. 
No person shall discharge or cause to be discharged any industrial waste unless it shall be pretreated before discharge to a sanitary sewer. Pretreated industrial waste shall be similar in quality to the prevailing sanitary sewage (also known as "domestic waste") of the township, as determined by the township representative and Township Engineer.
c. 
Grease, oil and sand interceptors shall be provided when necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients, except that such interceptors shall be of an approved type and capacity as required to remove grease, oil or sand; shall be located so as to be readily and easily accessible for cleaning and inspection; and shall have the Plumbing and Drainage Institute seal of approval.
d. 
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
e. 
When necessary the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the quality and quantity of industrial wastes to the above-described limits. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Township Engineer, the township representative and the Board of Health. No construction of such facilities shall be commenced until said approvals are obtained in writing. Flow-equalizing facilities may be required by the Township Engineer to avoid slug discharge.
f. 
Where preliminary treatment or flow-equalizing facilities are provided for any wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. The Township Engineer and the township representative shall have the right to make inspections and tests of all pretreatment installations and effluents, at their discretion.
g. 
Where required, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manholes, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Township Engineer. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
h. 
All measurements, tests, samplings and analysis 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 Sewage and shall be determined at the control manhole provided for in this section. 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.
i. 
The maintenance of the building sewer shall be the responsibility of the owner of the property served.
[1993 Code § 163-6; Ord. No. 1394 § 1]
a. 
The application for a permit to construct any private sewage disposal system shall be made in accordance with regulations and ordinances of the Board of Health.
b. 
Building sewer permits shall be of two classes: for residential and commercial service and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the township. Where required by the Township Engineer, the permit application shall be supplemented by plans, specifications or other information considered pertinent. The Township Engineer may require that such plans and specifications be prepared by a licensed professional engineer. A permit and inspection fee of $100 for a residential or commercial building sewer permit and $500 for industrial plants shall be paid to the township at the time the application is filed. A permit will expire four weeks after the date of issue but may be renewed upon payment of a renewal charge of $25 for residential or commercial permits and $100 for industrial permits. If a sewer connection has been previously installed from the public sewer to the property line, no additional charge will be made.
c. 
It shall be the duty of the Treasurer to issue building sewer permits and the Township Engineer to inspect and supervise the installation of such building sewers, as herein set forth and regulate and control the same. The Township Engineer shall record upon maps and keep on file data concerning the location, size and depth of each trunk line, lateral or connection now in existence or which may hereafter be laid or constructed. The Treasurer shall keep a duplicate of each application received or permit issued for the construction or installation of any trunk sewer, lateral sewer or connection.
d. 
The jurisdiction of the Township Engineer shall include the building sewer and public sewer, as previously defined, subject to permits, fees and regulations herein described. The jurisdiction of the Plumbing Inspector shall include the internal building plumbing, subject to permits, fees and regulations prescribed by the Department of Code Enforcement.
e. 
In addition to rates and rentals, a separate charge in the nature of a connection fee (or tapping fee) for each connection of any property to the sewerage system shall be imposed upon the owner or occupant at the property so connected. The connection charges shall be uniform within each class of users and the amount thereof shall not exceed the actual cost of the physical connection plus an amount representing a fair payment towards the cost of the system. The connection charges shall be determined and recomputed at the end of each budget year, after a public hearing is held.
f. 
In constructing sewers the governing body may lay or cause to be laid the necessary lateral connections from each sewer to the curbline of any street in which same is laid. In that case such work shall be specified in the ordinance providing for the construction of the sewer and a map showing such connections shall be prepared and exhibited at any hearing held by the governing body. The cost of each such connection shall be assessed against the lot or plot benefited.
g. 
1. 
In the case of sewers constructed in any road dividing the municipalities, to connect with joint outlet or truck sewers or disposal plants, an assessment for the benefits flowing from the existing sewerage system shall be made upon all lands and real estate which, at the time of making such assessment, front, abut on, are situate to, or are in the vicinity of the constructed sewer, or any other existing sewer connected directly or indirectly therewith. Such assessment shall be collectible upon all lands and real estate whereby a direct sewer connection may be made by such sewers, and such assessment shall be collectible at once.
2. 
Where the sewer connection is prospective only, and depends upon the construction of lateral and connecting sewers not yet built, the benefits derived from the existing sewerage system are to be determined and the assessment made when the connection to the existing sewerage system is permitted. Such assessments shall become liens after the connecting sewers are built, and shall draw interest only from the date of the confirmation of the assessment for the connecting sewer.
3. 
Where the lands and real estate benefiting from the existing sewerage system lie beyond the municipal boundaries and jurisdiction of the Township of West Caldwell, such that these lands and real estate are not subject to the sewer user fees and/or periodic assessments for sewerage system upgrades and maintenance as may be necessary to ensure proper sewerage system function, and absent an agreement providing for such sewer user fees and/or periodic assessments, a separate maintenance assessment shall be collectible upon all lands and real estate whereby a direct sewer connection to the existing sewerage system has been permitted. The maintenance assessment shall be collectible in one installment and shall be uniform within each class of users and the amount thereof shall not exceed an amount representing a fair payment towards the cost of sewerage system upgrade and maintenance in perpetuity.
[1993 Code § 163-7; Ord. No. 1359 § 1; Ord. No. 1478 § 3; Ord. No. 1656 § 1; Ord. No. 1665 § 1, 2; Ord. No. 1727; Ord. No. 2014-1766]
a. 
There is hereby established a sewerage charge for sanitary sewage and wastewater discharged into the sewer system of the township and treated by the township treatment plant, to be imposed upon the owners of properties served thereby at the rates hereinafter set forth.
b. 
The sewerage service charge hereby imposed shall be a quarterly payment charge based upon the water meter readings for water furnished to the premises as follows:
1. 
District No. 1 shall consist of all those properties served by the Caldwell Wastewater Treatment Plant. On all water furnished to any premises (excepting only one- or two-family homes), there shall be paid quarterly a sewer service charge hereby imposed at the rate of $9.35 for each 1,000 gallons or part thereof for water furnished to the said premises. Quarterly bills will be based on average quarterly volume of water furnished during the first and fourth quarters of the previous year. In the event that an accurate reading of the water meter cannot be had, the sewer service charge shall be estimated in the same manner as the water charge is estimated. There shall be a minimum sewer service charge in the amount of $47.50 per quarter.
2. 
District No. 2 shall consist of all those properties served by the Two Bridges Sewer Authority (TBSA) Wastewater Treatment Plant. On all water furnished to any premises (excepting only one- or two-family homes), there shall be paid quarterly a sewer service charge of $9.35 for each 1,000 gallons or part thereof for water furnished to the said premises. Quarterly bills will be based on average quarterly volume of water furnished during the first and fourth quarters of the previous year. In the event that an accurate reading of the water meter cannot be had, the sewer service charge shall be estimated in the same manner as the water charge is estimated. There shall be a minimum sewer service charge in the amount of $47.50 per quarter.
3. 
The Township Engineer may, at any time, in the sole discretion of the Township Engineer, and shall, when requested by the property owner, review building sewer permits for buildings other than one- or two-family dwellings, for the purpose of determining whether the sewerage charge for the property should be based upon the actual quarterly volume of water furnished to the premises on the property and deposited into the sewer system in each quarter of the year. The Township Engineer shall change the basis of charging for sewage from the premises on a property where the Township Engineer determines that the sewage generated by the premises on the property and deposited into the sewer system can be more accurately determined on a basis other than the average quarterly volume of water furnished to the premises thereon during the first and fourth quarters of the previous year. The Township Engineer shall have discretion to change the basis of charging the sewer charge to a property effective as of the date the Township Engineer determines that the change is appropriate or as of such other future date that the Township Engineer deems appropriate. There shall be a minimum charge for these properties based on their location in District 1 or 2, charged on the same basis as the minimum charges for other properties in the applicable district.
c. 
Every owner who shall take water from the ground by well or other means (excepting only one- or two-family homes), which is unmetered with the Township Water Department, and shall discharge the water into the sewer system of the township shall install meters or approved measuring devices to measure the quantity of water derived from such sources and shall pay to the township a sewer service charge as stated in 18-3.7b1 for premises located in District No. 1 and as stated in 18-3.7b2 for premises located in District No. 2.
d. 
Any owner, at his option and at his expense, may also install a sewer outlet measuring device or meter to measure the water discharged into the township's sewer system, and such sewer service charge shall be calculated upon the reading of the meters or measuring devices to the same extent and in the same manner as the water consumption readings are taken. All meters or other measuring devices installed or required to be used under the provisions of this section shall be under the control of the Township Engineer. The owner of the property upon which any such measuring device is installed shall be responsible for its installation, maintenance and safekeeping, and all repairs thereto shall be made at the owner's cost, whether such repairs are made necessary by ordinary wear and tear or other causes. The cost of such repairs, if made by the township, shall be due and payable at the same time and subject to the same penalties as are the bills for sewage services.
e. 
All sewerage service charges shall be due and payable in quarterly installments. Interest will be charged in the same manner as taxes, at the rate of 8% on the first $1,500 of delinquency and 18% on any amount of delinquency over $1,500. These charges shall be a lien upon the premises served until paid, and the township shall have the same remedies for the collection thereof, with interest costs and penalties, as it has by law for the collection of taxes upon real estate and water rents.
f. 
The Treasurer of the Water Department is hereby charged with the duty of collecting all sewer service charges.
g. 
Whenever the sewer service to any property begins after the first day or terminates before the last day of any calendar quarter, the sewer rental for such quarter shall be for that portion of the quarter during which the property is served.
These rates and charges shall take effect January 1, 2015 and shall rescind all prior ordinances, resolutions and fee schedules of the Township of West Caldwell.
[1993 Code § 163-8]
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the municipal sewage works.
[1993 Code § 163-9]
a. 
The Township Engineer and other duly authorized employees of the township and the township representative, 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 provisions of this section.
b. 
The Township Engineer and other duly authorized employees of the township, bearing proper credentials and identification, shall be permitted to enter all private properties through which the township holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on this easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
[1]
Editor's Note: Provisions adopted December 18, 1990 by Ord. No. 1155.
[1993 Code § 163-11]
The Mayor and Council of the Township of West Caldwell, in the County of Essex, State of New Jersey, as the Governing Body thereof, does hereby determine that there exists a need and a requirement to provide an efficient means for the enforcement of rules and regulations regulating the making of connection to and regulating the discharge into the primary sewer system operated by the Pequannock, Lincoln Park and Fairfield Sewerage Authority, pursuant to the provisions of N.J.S.A. 40:14A-23 and Section 701 of the Service Agreement between the Pequannock River Basin Regional Sewerage Authority and the Pequannock, Lincoln Park and Fairfield Sewerage Authority.
[1993 Code § 163-12]
The Mayor and Council of West Caldwell hereby adopts said rules and regulations which are enumerated at length in a document entitled "Rules and Regulations Governing the Discharge of Sewage, Industrial Wastes or Other Wastes into the Pequannock, Lincoln Park and Fairfield Sewerage Authority System and all Sewers Tributary Thereto" adopted on April 5, 1978, and amended January 11, 1984, and as may be amended from time to time by the Pequannock, Lincoln Park and Fairfield Sewerage Authority by resolution.
[1993 Code § 163-13]
Any person, firm, partnership or corporation violating any rules, regulations or emergency proclamations of the Pequannock, Lincoln Park and Fairfield Sewerage Authority in the Township of West Caldwell shall be subject to punishment by imprisonment for not more than 90 days or a fine not to exceed $500, or both, for each violation, and the Municipal Clerk/Administrator of the Township of West Caldwell shall have jurisdiction in actions for the violation of such rules and regulations, which shall be enforced by like proceedings and processes as those provided by law for the enforcement of ordinances of the municipality. In the event of continuing violation, each day the violation continues shall be deemed a separate and distinct violation. The officers authorized by law to serve and execute processes in the Municipal Court shall be the officers to serve and execute processes issued out of the Municipal Court for violations of the rules and regulations of the Authority. The Executive Director of the Authority is hereby designated as the enforcement officer of this section.
[1993 Code § 163-14]
All moneys collected either as fines or penalties, but not court costs, for any violations of the rules and regulations of the Authority under any provisions of this section shall be forthwith paid over to the Authority by the custodian of municipal funds as permitted by law.
[New]
Except as otherwise provided in this chapter, any person or persons violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalty as provided in Chapter 1, Section 1-5, General Penalty, of this Code.
[Ord. No. 1572 §§ 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 Township of West Caldwell, so as to protect 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 the subsection clearly demonstrates a different meaning. When not consistent 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 the Township of West Caldwell 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 storrmwater to the municipal separate storm sewer system operated by the Township of West Caldwell. 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 Prohibitions.
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 ground waters);
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;
9. 
Flows from rinsing of the following equipment with clean water:
(a) 
Beach maintenance equipment immediately following their use of 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.
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
e. 
Enforcement. This subsection shall be enforced by the West Caldwell Board of Health or its duly appointed officer, and by the Township Engineer, who shall have concurrent jurisdiction in connection with the enforcement and compliance with the terms of this subsection.
f. 
Penalties. Any person(s) who continues to be in violation of this subsection, after being duly notified, shall be subject to a fine as stated in Chapter 1, Section 1-5, General Penalty, of this Code.
[Ord. No. 1571 §§ I — V]
a. 
Purpose. The purpose of this subsection is to prohibit illicit connection to the municipal separate storm sewer system(s) operated by the Township of West Caldwell 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 the subsection 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 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 SEWERAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges domestic sewerage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Township of West Caldwell, 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), or (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 the Township of West Caldwell 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 Systems (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 or use of any raw material, intermediate product, finished product, by-product, 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 Township of West Caldwell any domestic sewerage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
d. 
Enforcement. This subsection shall be enforced by the West Caldwell Board of Health or its duly appointed officer, and by the Township Engineer, who shall have concurrent jurisdiction in connection with the enforcement and compliance with the terms of this subsection.
e. 
Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine as stated in Chapter 1, Section 1-5, General Penalty, of this Code.