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Borough of New Milford, NJ
Bergen County
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Table of Contents
Table of Contents
Code
New Laws (7) Index
[Editor's Note: For provisions regarding the discharge of garbage into sewers, see Section 16-5 of Chapter 16]
[Ord. No. 79:9]
The purpose of this section is to regulate the use of public and private sewers and drains, private waste-water disposal, the installation and connection of building sewers and the discharge of water and wastes into the public sewer system(s) and providing penalties for violations thereof.
[Ord. No. 79:9]
The Federal government has enacted and amended the Federal Water Pollution Control Act now known as the "Federal Clean Water Act" (33 U.S.C. 1251 et seq.) and the Borough desires to remain in compliance therewith;
The Borough is within the district serviced by the Bergen County Utilities Authority and has contracted with the Authority for the removal and treatment of the wastewater contained within its sanitary sewer system.
The Borough desires to assure that the use of the public wastewater system operated by it will conform to the best sanitary engineering practices.
The Borough desires to regulate the use of public wastewater system operated by it as required by the Federal Clean Water Act.
The Bergen County Utilities Authority (BCUA) has incorporated in its rules and regulations, as required by the Federal Clean Water Act, an industrial cost recovery system, a user charge system and rules and regulations pertaining to the use of public and private sewers and drains, which have been approved by the United States Environmental Protection Agency.
As required by the Federal Clean Water Act, the Borough hereby enacts the industrial cost recovery system, user charge system and rules and regulations governing the use of public and private sewers, by adopting the rules and regulations of the Bergen County Utilities Authority which are contained within a code entitled "Bergen County Utilities Authority Rules and Regulations for the Direct and Indirect Discharge of Wastewater to the Bergen County Utilities Authority Treatment Works" and which are approved by the United States Environmental Protection Agency.
[Ord. No. 79:9]
Not fewer than three copies of the Bergen County Utilities Authority Rules and Regulations for the Direct and Indirect Discharge of Wastewater to the Bergen County Utilities Authority Treatment Works have been and now are filed in the office of the Borough Clerk.
[Ord. No. 79:9]
The adoption of these sewer use regulations by the Borough shall include the adoption of all future amendments to the Bergen County Utilities Authority Rules and Regulations for the Direct and Indirect Discharge of Wastewater to the Bergen County Utilities Authority Treatment Works, provided that, prior to enacting such amendments, the Borough is given 45 days' notice in writing of the amendment and an opportunity to comment on same at a public hearing.
[Ord. No. 94:08 § 1]
a. 
No person shall make connection of roof downspouts, sump pumps, foundation drains, areaway drains or other sources of surface run-off or groundwater to a building sewer or drain, which in turn is connected, directly or indirectly to a public sanitary sewer.
b. 
All connections currently made from roof downspouts, sump pumps, foundation drains, area drains or other sources of surface run-off into the public sanitary sewer system shall be disconnected within 60 days of the effective date of this subsection.
[Ord. No. 94:08 § 2]
a. 
The Plumbing Subcode Official or his designee shall be the person to administer the within chapter.
b. 
The Plumbing Subcode Official or his designee shall have the power to inspect premises where there is cause to believe that there is an illegal connection of any surface run-off into the sanitary sewer system. Refusal by a property owner or occupant to allow the inspection of the premises upon sufficient notice shall be deemed prima facie evidence of an illegal connection.
[Added 2-13-2023 by Ord. No. 2023:08]
a. 
Permit required. No person shall uncover, make any extension or connection to, or opening into, or use, alter or disturb any main sewer line or any appurtenance thereof without having first obtained a written permit from the DPW to do so.
b. 
Extension. Every extension of any public sewer shall be made pursuant to plans and specifications prepared by or for the Borough and approved by the DPW.
c. 
Connections to sewers required.
1. 
All persons who own or occupy any land fronting on a street through which a sewer is or shall be built shall connect all their sinks, drains, water closets and privies on such land with such sewer. No cesspool privy, privy vault, septic tank or other facility intended or used for the disposal of wastewater shall be built or maintained on such land, nor shall the Health Department issue any permit for any cesspool on land so situated.
2. 
Every connection into any Borough main sewer shall be made by:
(a) 
A "tap" from the sewer lateral.
d. 
Owner's Responsibility. The house sewer lateral shall be made, paid for, installed and maintained by the owner. The lateral from the house to the main sewer line regardless distance to the of the main sewer line and includes the "tap" or physical connection between the lateral and the main.
e. 
Submission of plans and specifications; conformance with New Jersey uniform construction codes. Plans and specifications for all extensions and connections to the public sewer system shall conform to the Building Code of the Borough.
f. 
Grade and Alignment. The house lateral shall be laid at a straight grade and so far as possible, in a straight alignment. Changes in direction shall be made only with curved pipe and fixtures. Cleanouts shall be constructed as required by the Borough at each change in direction and for every 50 feet of house service connection.
g. 
Low Connection. In all buildings which the house lateral is necessarily laid low to permit gravity flow to the main line, the sanitary sewage to be carried by such connection shall be lifted by approved artificial means and discharged into the sewer lateral.
h. 
Excavations. All excavations required for the establishment of a house lateral shall be open trench work, unless otherwise approved by the DPW. Pipe laying and backfill shall be performed in accordance with the requirements of the Plumbing Subcode Official and shall not be done until the house lateral has been inspected, tested, and approved by the Plumbing Subcode Official.
i. 
Open Trenches. Open trenches in the establishment of house lateral shall not be left unattended during the course of construction without adequate regard to the safety of the general public. Trenches left open overnight or over a weekend must have adequate covering or, in lieu thereof, have barriers and lights so placed along the opening so as to prevent any persons or vehicles from falling therein.
j. 
Inspection. The owner, or his/her agent, shall inform the Borough when the house lateralis ready for inspection.
k. 
Separate and independent sewer laterals.
1. 
Each building under one roof, but not buildings accessory to it, in one ownership and occupied as the residence of one family or for one business enterprise.
2. 
A combination of buildings on one lot or curtilage in one ownership and occupied as the residence of one family or for one business enterprise.
3. 
Each section of a double or semidetached dwelling having a vertical common wall between its separate dwelling units making it capable of divided ownership.
4. 
One ownership property containing more than one office, unit or use. A property which is in one ownership and which contains more than one store, apartment or office may be serviced by one or more sewer laterals as required by the DPW.
l. 
Installation by Contractor or Owner. The sewer lateral, including the connection from the curb to the main sewer, the making of the tap in the main sewer, the making of the connection of the sewer lateral to the house service connection, the backfilling of the trench and resurfacing the street above the trench from the street sewer to the curb, shall be installed at the owner's expense either by an owner who meets the qualifications of a contractor with a New Jersey license. All work shall be inspected and approved by the Plumbing Subcode Official.
[Added 2-13-2023 by Ord. No. 2023:08]
a. 
Permit Required. No person shall uncover, make any extension or connection to, or opening into, or use, alter or disturb any public sewer or any appurtenance thereof without having first obtained a written permit from the DPW to do so.
b. 
The sewer lateral must be located on the property, uncovered, cut, and capped off. The cap must be a neoprene cap, held on to the pipe with a stainless-steel band clamp. If the lateral is to be permanently abandoned, the end of the pipe, and cap shall be encased in concrete. The capping off of the pipe shall be inspected by a representative of the DPW prior to concrete encasement and backfilling.
c. 
If this procedure is not followed, all work will be immediately halted until the sewer line is capped off properly and inspected DURING normal working hours of the DPW. and a penalty may be imposed.
[Ord. No. 95:09 § 1; amended 2-13-2023 by Ord. No. 2023:08]
a. 
Treatment of Discharge by Certain Users.
1. 
The owner operator of all retail food establishments, catering establishments, commercial food preparation facilities, meal processing facilities, and such other uses as may be designed by the Department of Public Works and/or the Board of Health which may result in the accumulation of oils, fats, cellulose, starch, protein, grease and similar substances in the sanitary sewer system of the Borough of New Milford shall add into each sanitary sewer line servicing such use, a bacteriological culture formulation approved by the Director of Public Works and/or Board of Health to control and treat such discharges.
2. 
The application of such bacteriological culture formulation shall be in accordance with the manufacturer's specifications therefor unless otherwise directed by the Director of Public Works and/or the Board of Health.
3. 
The Director of Public Works and/or the Board of Health shall provide a list of approved bacteriological culture formulations upon request to the owner or operator of any of the facilities requiring the use of such formulation. The owners or operators of such facilities may submit additional formulations to the Director of Public Works and/or the Board of Health for approval.
4. 
The owner or operators of such facilities shall maintain accurate records of each application of such formulation, including the brand name, specific type and manufacturer of such formulation, the dates of application and the quantities applied. In addition, such persons shall retain all invoices, bills of sale, receipts or other suitable evidence for the purchase of such formulations. Such persons shall retain all such records for a period of three years.
5. 
All records required to be maintained hereunder shall be available for inspection by the Director of Public Works and/or the Board of Health or their designee, upon request. In addition, the Director of Public Works and/or the Board of Health may require the owner or operator regulated by the provisions of this subsection to periodically submit such records to the office of the Director of Public Works and/or the Board of Health.
6. 
In addition to such other remedies such as the general penalty provided by this subsection, as may be provided by law for violation of this subsection, the Borough may add such formulations to sanitary sewer system servicing facilities regulated hereunder and charge the cost thereof as a sewer user charge to any person violating any provision of this subsection.
[Ord. No. 94:08 § 3; amended 2-13-2023 by Ord. No. 2023:08]
Any person violating any of the provisions of the within chapter shall, upon conviction, be subject to a fine not to exceed $500 and/or imprisonment not to exceed 90 days or both. Each and every day in which violation of any provision of this chapter exists shall constitute a separate violation.
[Ord. No. 2011:16]
The Borough of New Milford pays a fee to the Bergen County Utilities Authority (BCUA) for sewerage treatment based upon the quantity of waste water generated by the Borough.
Property owners pay their fair share of the fee paid to the BCUA through the payment of property taxes to the Borough.
Various property owners within the Borough, known as Tier II Users, are exempt from the imposition of property taxes, and thereby, do not pay their portion of sewerage fees.
When the Borough does not collect sewer fees from the actual users of that service, it is compelled to spread the cost of this service among other taxpayers resulting in an inequitable method of paying for sewer treatment services and collecting fees due to the BCUA.
The Borough desires to address this inequity and, while continuing all appropriate property tax exemptions, cause Tier II Users to bear the cost of their own sewerage treatment as billed by the BCUA.
[Ord. No. 2011:16]
The purpose of the within section is to provide for the imposition of sewer fees to Tier II Users on the attached list. The list may be found on file in the office of the Borough Clerk.
[Ord. No. 2011:16]
Tier II Users on the attached list, which shall be amended from time to time, shall be invoiced by the Borough for all amounts billed by the BCUA to the Borough and shall reimburse the Borough for all amounts metered by the BCUA as applicable to their property.
[Ord. No. 2011:16]
The annual sewer service charges for Tier II Users shall be billed annually based upon consumption.
[Ord. No. 2011:16]
All delinquent charges, pursuant to New Jersey law, shall be assessed an interest charge at a rate of interest at least equal to the monthly index for the immediately preceding month for twenty-year tax-exempt bond yields as compiled by the Bond Buyer or any similar index and shall be a lien upon the subject premises until paid. Failure of a customer to pay required sewer fees and/or charges within the prescribed payment time shall cause that account to be deemed delinquent. Notification of a delinquency and its consequences shall then be mailed to the last known address of the customer. Upon that customer's failure to respond and eliminate the delinquency within 30 days, a second notice shall be mailed to the delinquent customer advising that payment of sewer bills must be received by a certain date not less than 10 days thereafter.