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Borough of Tinton Falls, NJ
Monmouth County
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Table of Contents
Table of Contents
[1982 Code § 145.1; Ord. #294; Ord. #476; Ord. #620; Ord. #96-904, § 1; Ord. #04-1126]
As used in this chapter:
BOROUGH
Shall mean the Borough of Tinton Falls.
BOROUGH'S AUTHORIZING AGENT
Shall mean the person designated by resolution of the Borough Council.
BUILDING
Shall mean any building or structure heretofore or hereafter constructed and designed or used for commercial, residential, industrial or other use or occupancy by persons, either temporary or permanent.
BUILDING SEWER
Shall mean the extension from the sewage drainage system of any structure to the edge of municipal right-of-way or edge of sanitary sewer easement whichever is applicable.
COLLECTION SEWER
Shall mean the Borough's collection sanitary sewers located under highways, roads, streets and rights-of-way with branch service laterals that collect and convey sanitary sewage or industrial wastes.
CONNECTION CHARGE
Shall mean the fee charged by the Borough of Tinton Falls sewer utility system for the addition of and connection to the sewer system of each building, structure or other dwelling, office or commercial or industrial unit to the sewer utility system. In the event that several units comprise a building or structure, each unit shall be deemed a connection for which a separate fee will be charged.
CONNECTION DATE
Shall mean the 90th day following the service of notice by the Borough that a sewer is available to serve a building, except that, in the case of a building completed subsequent to the availability of a sewer to the premises on which a building is located, "connection date" shall mean the date of the initial occupancy of the building or the date of the issuance of a certificate of occupancy therefor, whichever of the dates shall be the earlier.
DOMESTIC SEWAGE
Shall mean all normal water-carried household-type and toilet wastes from an improved property, including all nonindustrial wastes.
ENGINEER
Shall mean the Borough's consulting Engineer who is engaged to serve the Borough for the design, inspection of construction or operation of the Borough sanitary sewer system.
EXISTING RESIDENTIAL AND COMMERCIAL BUILDINGS
Shall mean buildings that have obtained its original certificate of occupancy prior to the construction of a sanitary sewer system by the Borough of Tinton Falls.
NONRESIDENTIAL USE
Shall mean all uses other than a residential use as defined in this section.
RESIDENTIAL USE
Shall mean single or multifamily dwellings used for residential purposes, but excluding hotels, motels and rooming houses.
SERVICE CHARGE
Shall mean the periodic charge made by the Borough for sewer service which is available to a user connection as herein defined.
SERVICE LATERAL
Shall mean that part of the sewage system from the collection sewer to the building sewer.
SEWER
Shall mean any sewer or main designed or used for collection or disposal of sanitary sewage from within the Borough, including service laterals installed by the Borough.
USER CONNECTION
Shall mean for the purpose of this chapter, a property shall be deemed to front on the sewer if any of its boundaries abut a street or easement in which a sewer is now or hereafter located and which sewer is part of a sewer of the Borough or part of a sewer available to the Borough. Each individual building located on property which fronts on a sewer and which contains or requires sewage disposal facilities shall be, for the purpose of this chapter, a "user connection."
[1982 Code § 145-1.1; Ord. #294; Ord. #535; Ord. #96-904, § 1]
a. 
Sanitary Utility Created. Two municipal sanitary sewer utility systems heretofore created are hereby combined into a single system, which system is hereby created and established within the Borough of Tinton Falls, for the regulation and use of sewers, to ensure the proper operation and the protection and preservation of the system, fixing the amount and charges therefor and providing rules and regulations therefor. Such system, including the sanitary sewage treatment plants, pumping stations and appurtenant structures, works and fixtures relating thereto, and all extensions and improvements thereof situate in and constructed at public expense by the Borough of Tinton Falls, together with those facilities which are to be used by the Borough of Tinton Falls that are a part of the Township of Neptune Sewerage Authority system and the Northeast Monmouth County Utility Authority, shall hereinafter be operated, maintained, managed and controlled by the Borough of Tinton Falls as a publicly owned utility of the Borough of Tinton Falls within the meaning of N.J.S.A. 40:63-1 et seq., amendments thereof and supplements thereto, and N.J.S.A. 40:14A-1 et seq., amendments thereof and supplements thereto, insofar as it relates to the agreement with the Township of Neptune Sewerage Authority and with the Northeast Monmouth County Utility Authority and all other provisions of other laws applicable.
[1]
Editor's Note: Ordinance 93-844 provides for an interlocal services agreement with the Township of Ocean Sewerage Authority for sewer services for certain areas of the Borough of Tinton Falls.
[1982 Code § 145-2; Ord. § 294; Ord. #96-904, § 1]
a. 
Every owner of a user connection shall connect the same with a sewer of the Borough or to a sewer available to the Borough and as directed by it, such connection to be made on or before the connection date for the purpose of delivering sewage from each such user connection into the sewer. In the event of more than one user connection on a property abutting or fronting upon a sewer, such user connection may dispose of its sewage through a single connection to the sewer or by separate connection to the sewer upon approval by the Borough.
b. 
Whenever a user connection consists of a single family dwelling which is located at a distance from the sewer greater than that which is equal to twice the lot width required by the Land Use Ordinance of the Borough of Tinton Falls, as amended and supplemented from time to time, for the zone in which it is located, plus 100 feet, such user connection need not be connected if it meets and continues to meet the following conditions:
1. 
It contains an individual sewage disposal system which is in operation and continues to operate in full compliance with applicable laws and ordinances.
2. 
Application is made to and permission received from the Borough for such exception.
3. 
The owner of such user connection shall nevertheless pay the service charges chargeable to such user connection.
[1982 Code § 145-3; Ord. #294]
Every connection to a sewer required by this chapter shall be made in a manner to discharge into the sewer all sewage originating in the user connection in accordance with and subject to the ordinances and resolutions now in effect or hereafter adopted by the Borough. All connection charges, service charges and inspection fees imposed by the Borough by ordinance and/or resolution, now or hereafter adopted by the Borough, shall be paid promptly when due. Such charges for connection with and use of sewers shall draw the same interest from the time they become due as taxes upon real estate in the Borough and shall be a lien upon the premises connected until paid, and the remedies for the collection thereof, with interest, costs and penalties, shall be the same as for the collection of taxes upon real estate.
[1982 Code § 145-4; Ord. #294]
The Borough shall mail a notice to connect to every owner of a user connection in existence or under construction at the time when a sewer shall have been installed and is ready to receive sewage.
[1982 Code § 145-5; Ord. #294]
If the owner of any user connection shall neglect, after notice given as provided in N.J.S.A. 40:63-52 to 40:63-64, inclusive, to make any such sewer connection or installation of toilet, the Borough may cause such connection or installation to be made under its direction and supervision or award one or more contracts for the making of such improvement, and such sewer connection or installation charge shall bear interest and be a first and paramount lien against the respective property or properties so connected with the sewer to the same extent as assessments for the local improvements and shall be collected and enforced in the same manner, all as provided in N.J.S.A. 40:63-54.
[1982 Code § 145-6; Ord. #294; Ord. #295; Ord. #359; Ord. #365; Ord. #389; Ord. #415; Ord. #476; Ord. #535; Ord. #538; New; Ord. #91-737, §§ 1, 2; Ord. #96-904, § 1; Ord. #2010-1301, § 1]
a. 
No connection to a sewer shall be made by any person, firm or corporation unless the same shall have first been authorized and approved by the Borough. No connection to a collection sewer shall be made until a connection charge shall have first been paid.
The connection charge or fee to be paid to the Borough upon application for services and connection of residential properties to the sewer system shall be set annually by the Borough Council, to be adopted by ordinance. Commercial properties, with one or more structures, regardless of the number of actual service laterals, shall be charged a total connection fee based upon an equivalent number of residential connections. The number of equivalent residential connections shall be determined by dividing the total projected daily commercial sewage flow, as per N.J.D.E.P. standards, by 300 gallons per day (equal to one residential unit). The corresponding commercial connection fee shall be the total number of equivalent residential connections multiplied by the residential connection fee.
b. 
From and after the connection date, each owner of a user connection shall pay to the Borough an annual service charge as hereinafter determined from time to time by ordinance.
1. 
For each dwelling unit in a residential use as so defined in Section 16-1, the annual service charge shall be the minimum rate per dwelling unit.
2. 
For each nonresidential use as defined in Section 16-1, the annual service charge shall be calculated and established annually by ordinance and shall be measured through the water meter during the previous calendar year. If the record of water meter readings does not exist or is unavailable at the time a person makes application for connection of a nonresidential use to the sewer, or if a public water supply is not available to the property, the flow shall be estimated, as per N.J.D.E.P. standards, for use in calculating the service charge and any adjustment may be made, but only for the adjustment year in which a full calendar year of water usage record is available during the year preceding the adjustment year, for such billing period during which estimated flows were used to calculate the service charge after the actual metered flow readings become available.
c. 
If a nonresidential user is dissatisfied with the charge imposed and desires to appeal the determination of the amount of the charge to the Borough Council, the non-residential user shall file a notice of appeal to the Borough Council by filing same with the Borough Clerk, which appeal shall include written documentation demonstrating the quantity of the user's water passing through its water meter that does not ultimately enter the sewer system either because the water is lost to the atmosphere in the form of steam resulting from cooling a manufacturing process or by demonstration that the water is a constituent of the product assembled or manufactured by the user which leaves the municipality in sealed containers for resale elsewhere to an ultimate consumer. The notice of appeal shall be filed not later than 10 days following the mailing of the bills to the nonresidential user, and upon receipt of the notice of appeal the Borough Council shall schedule a hearing not more than 45 days after receipt of the notice of appeal, setting forth a date when a hearing will be held by the Borough Council to determine whether an adjustment should be made to the bill issued to the nonresidential user. At the hearing, following receipt of the arguments of the nonresidential user, the Borough Council may determine whether the rate should be adjusted to that user or the Borough Council may allow a separate metered water connection to be installed for the water being so used by the nonresidential user and for which no sewer charges will be made.
d. 
The annual sewer charge shall be due semi-annually, with payment due in the middle of each semi-annual period, on the first day of April and October of each year. The first payment shall be made on the payment date next following the designated connection date or the date of actual connection, whichever is the earliest, and to include the semi-annual advance payment plus the prorated portion of the unpaid preceding payment period.
[Amended 12-20-2022 by Ord. No. 2022-1497]
e. 
An industrial cost recovery system (ICRS) shall also be adopted in accordance with United States Environmental Protection Agency requirements and shall be applied to industrial waste dischargers.
f. 
Tinton Falls EMS-South; Waiver of Sewer Fees. All sewer fees for Tinton Falls EMS-South's building located at 1 Volunteer Way, identified as Block 124.12, Lot 1 on the Official Tax Map of the Borough of Tinton Falls shall be waived so long as it is owned and/or occupied by Tinton Falls EMS-South for the purposes of providing emergency medical services within the Borough of Tinton Falls.
[1982 Code § 145-7; Ord. #294; Ord. #365; Ord. #476]
Any person desiring to make connection to the sewer system shall file an application for connection with the Borough's authorizing agent on a form provided by the Borough. When a building connected to the sewer changes in use from a residential use to a nonresidential use or from a nonresidential use to a residential use, a new application form shall be completed and filed with the Borough's authorizing agent not later than November 1 for adjustment to the billing for the next succeeding year.
[1982 Code § 145-8; Ord. #294; Ord. #476]
No person shall uncover, connect with, make any opening into or use, alter or disturb in any manner any sewer or the sanitary sewer system without first obtaining a connection permit from the Borough.
[Ord. #96-907, § 1; Ord. #14-1374; Ord. #14-1380; amended 12-20-2022 by Ord. No. 2022-1497]
The sanitary sewer system fees below shall be effective as of January 1, 2023.
a. 
User Fee: $400 per residential unit, and $8.62 per 1,000 gallons for nonresidential users.
b. 
Connection Fee: $4,400 per residential unit shall be paid in full prior to the issuance of a certificate of occupancy.
[Ord. #98-979, §§ 1 - 4]
a. 
Connections. No owner, occupant, or tenant of residential, educational, religious, commercial, or industrial properties situated in the Borough of Tinton Falls shall connect or maintain the connection or permit to be connected or permit the maintenance of the connection of any sump pumps, roof leaders, roof drains, swimming pools, ornamental ponds, water cooled refrigeration, air conditioning units, fire sprinkler systems, and any other similar devices with the sewerage authority's sanitary sewer system.
b. 
Disconnection. All existing connections, direct or indirect, to the sanitary sewer system as stated in paragraph a shall be disconnected and physically cut-off no later than 120 days from the adoption of this subsection.
c. 
Inspection.
1. 
Existing Units. All existing units will be inspected by the Plumbing Inspector or his authorized designee in order to ensure compliance with this subsection.
2. 
New Units. A certificate of occupancy will not be issued for new units until the Plumbing Inspector has completed his inspection pursuant to this subsection.
d. 
Violations and Penalties. Any person who violates the provisions of this subsection shall be subject to a penalty not exceeding the sum of $1,000 and/or by imprisonment in the County jail for a term not to exceed 90 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. #04-1126]
In the event of the construction of a sanitary sewer system by the Borough of Tinton Falls; existing residential buildings may pay the connection fee currently in place in equal installment payments over a period of four years. The first payment shall be due prior to the issuance of the plumbing permit to connect to the Borough's sanitary sewer utility system. Yearly payments #2 through #4 shall be paid by September 1 of the subsequent years.
Existing commercial buildings may pay the connection fee currently in place in equal installment payments over a period of two years. The first payment shall be due prior to the issuance of the plumbing permit to connect to the Borough's sanitary sewer utility system. Payment #2 shall be paid by September 1 of the subsequent year.
[1982 Code § 145-9; Ord. #294; Ord. #96-904, § 1]
All work of making any connection to any sewer shall be done at the expense of the owner, under the supervision of the Borough, and shall conform to the following requirements:
a. 
All joints shall be sealed and made airtight and shall be made smooth and clean inside, with all sewers in proper alignment and of proper grade so as to provide free flow of sewage matter without any obstructions, and to be made in accordance with the Borough's specifications for its sanitary sewers.
b. 
A service lateral installed where no wye connection exits at the sewer main will be connected to a collection sewer with an approved saddle type fitting properly installed and encased in an eight inch envelope of concrete extending completely around the barrel of the collection sewer pipe.
c. 
All service laterals installed after the sewer collection pipe has been installed shall be installed at the expense of the owner of the user connection served by the lateral.
d. 
Service laterals and building sewers for the same connection shall be of the same size throughout and shall in no case be less than four inches in diameter.
e. 
Connections to service laterals shall be made by properly joining to the bell end of the service lateral provided. If the connection involves different types of pipe materials, the connection shall be made with an approved standard adapting fitting. The foregoing shall also apply to the connection of the house drain to the building sewer pipe. Projecting the smaller pipe into the larger and sealing will not be permitted.
f. 
Where a building sewer is made with pipe larger in diameter than the four inch service lateral provided, the building sewer shall be extended to the collection sewer and properly connected as specified herein.
g. 
No service lateral shall be installed by any person unless such person is a licensed plumber and has obtained all applicable permits from the Borough to make such installation, including but limited to street opening permit and permits required under the Uniform Construction Code.
[1982 Code § 145-10; Ord. #294; Ord. #96-904, § 1]
a. 
All service laterals shall be constructed of one of the following types of pipe, subject to any special conditions elsewhere herein contained:
1. 
Cast-iron soil pipe minimum medium weight, at least four inches in internal diameter, conforming to ASTM Designation A-74-69 or latest revision. Maximum laying length shall be 10 feet.
2. 
PVC Schedule 40 conforming to ASTM Designation D 1785-68 or latest revision.
3. 
ABS Schedule 40 conforming to ASTM Designation D 1527-71 or latest revision.
b. 
PVC and ABS plastic pipe shall be laid on a tamped sandbed; material on each side of the pipe, six inches under and 12 inches over, shall be tamped sand, compacted sufficiently to prevent pipe distortion from vertical loads.
[1982 Code § 145-11; Ord. #294; Ord. #96-904, § 1]
Jointing materials for the various types of pipe shall be as follows:
a. 
Cast-iron pipe shall have leaded joints properly caulked or an approved rubber joint.
b. 
PVC and ABS shall be installed with thermal expansion fittings, primers and cement.
[1982 Code § 145-12; Ord. #294; Ord. #96-904, § 1]
Uniform bearing shall be provided along the entire length of a building sewer, and all joints of a building sewer shall be watertight and root-proof. No cement mortar joints shall be used, with the exception of existing cement mortar joints.
[1982 Code § 145-13; Ord. #294; Ord. #904-96, § 1]
Floor, basement sump pump discharges or property drains shall not be connected to a building sewer.
[1982 Code § 145-14; Ord. #294; Ord. #96-904, § 1]
a. 
Cleanouts shall be provided inside the building for rodding the building sewer. If it is physically impossible to locate the cleanout just inside the building, then it is permissible to locate the cleanout just outside the building wall with the riser brought to the ground surface.
b. 
Cleanouts shall be provided on each building sewer and at intervals no greater than 50 feet apart from each other and at changes in alignment of 45° or greater. Cleanouts shall be constructed by using a Y-fitting in the run of pipe with a 45° bend and riser to the ground surface. The riser pipe must be provided with a standard four inch screw type ferrule.
c. 
A wye-fitting with a cap clamped in place shall be provided for all building sewers at the curbline or property line, at the point of connection to the service lateral or at any location within the sidewalk area if desired. The surface cap shall be made of brass for easy detection in the future.
[1982 Code § 145-15; Ord. #294; Ord. #96-904, § 1]
Wherever, in the opinion of the Engineer or the Borough's authorizing agent, the trenching conditions require either a specific type of pipe, jointing material or encasement in concrete, such materials as it may direct shall be installed to protect the property owner and/or the Borough for special conditions as follows:
a. 
Where the trench is over 12 feet deep, extra heavy cast-iron soil pipe must be used.
b. 
Where the trench is less than four feet deep in a traveled roadway, extra heavy cast-iron soil pipe must be used with special bedding, consisting of crushed stone or concrete cradle, as directed by the Engineer or the Borough's authorizing agent.
c. 
Service laterals and building sewers for all service stations, garages or other establishments storing, using or dispensing gasoline, kerosene, benzine or similar solvents shall be constructed of cast-iron pipe with leaded joints and without use of rubber joints because of accidental discharges. Disposing of such fluids into the sewer system is prohibited.
d. 
Where lines are laid in new fill, extra heavy cast-iron soil pipe with lead joints shall be used.
e. 
Where foundation conditions are poor due to groundwater or subsurface materials, a bedding of crushed stone at least six inches in depth shall be used.
f. 
Where rock is encountered, it shall be excavated to a depth of not less than four inches below the bottom of the pipe and the trench refilled to the grade line with clean earth, sand or crushed stone.
g. 
Where the trench is greater than four feet in depth, the excavation shall be performed in accordance with OSHA requirements.
[1982 Code § 145-16; Ord. #294; Ord. #96-904, § 1]
a. 
The minimum slope or grade of a service lateral when the inside diameter is four inches or more shall be no less than 1/4 inch per foot of length, unless otherwise approved by the Borough's authorizing agent, and shall be downward in the direction of flow, provided, however, that when asbestos-cement, PVC or ABS sewer pipe shall be used, the slope may be reduced but shall be not less than 1/8 inch per foot of length.
b. 
Vertical risers are prohibited at any location of the service lateral. In the event that the collection sewer is deeper than required to connect the service lateral to the sewer main, the slope of the lateral portion of the collection sewer may be increased to a maximum of one foot per foot of length.
[1982 Code § 145-17; Ord. #294]
No building sewer shall be covered until it has been inspected and approved by the Borough. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the user connection. When found necessary by the Borough's authorizing agent or Engineer, the building sewer shall be tested.
[1982 Code § 145-18; Ord. #294; Ord. #476]
a. 
Upon inspection and approval of a building sewer or of a building sewer and service lateral, a certificate of approval will be issued to the owner of the user connection.
b. 
The maintenance, operation, repair and eventual replacement of the building sewer and service lateral shall be the responsibility of the owner of the user connection.
[1982 Code § 145-19; Ord. #294; Ord. #96-904, § 1; Ord. #14-1374]
a. 
The Borough's authorizing agent or Engineer shall observe all required testing of a collection and building sewer. All equipment and material required for testing shall be furnished by the owner of the user connection to be connected to a sewer.
b. 
In the event a service lateral is not approved by the Borough, a further test or tests shall be made following completion of necessary corrections. A fee of $250 will be charged by the Borough for observation of each test subsequent to the initial test.
c. 
Testing Requirements for Newly Installed Collection and Building Sewers.
1. 
Visual Test. The applicant shall TV inspect the sewers to demonstrate acceptability. The applicant shall provide video inspection tape and TV inspection report to the Borough. The station of each house service lateral location tee/wye shall be noted on the TV inspection report. Additionally, when using PVC piping, the allowable deflection shall not exceed 5%. Measurements shall be made using a "Go-No-Go" device.
2. 
Leakage Test. All sewers shall be subjected to either an infiltration or exfiltration test. The contractor shall furnish all labor, material and equipment necessary for testing. Exfiltration tests (air test) shall be conducted in lieu of infiltration tests when the pipe has been laid above the groundwater level. The tests shall be performed between two manholes or as otherwise directed by the Engineer for the Borough and shall include all related sewerage facilities including the house connections and cleanouts.
(a) 
Exfiltration Air Test. Prior to air testing, that section of pipe to be tested shall be flushed and cleaned of sand and other foreign matter. The test shall be made on a section of pipe from manhole to manhole. All sanitary sewer mains and laterals, downstream of the last cleanout, shall be tested. The section of pipe to be tested shall be isolated with a plug installed at each end of pipe at the manholes. All laterals and cleanouts shall be plugged at ends and plugs should be braced securely. The plugs at each end of the pipe at the manholes must have provisions for connection of an air hose. One plug shall be connected with an air hose to a portable air compressor with pressure regulators and gauges. The pressure regulators shall be used to control the rate at which air flows to the test section. The air pressure in the pipe shall be monitored by way of a pressure gauge connected to the plug at the opposite end of the sewer from the compressor. As air is supplied to the test section, it shall be monitored so that the pressure inside the pipe does not exceed 5.0 psig.
When pressure reaches 4.0 psig, the air supply should be throttled so that internal pressure is maintained between 4.0 and 3.5 psig for at least two minutes. This allows time for the temperature of the air to come to equilibrium with pipe walls.
After the temperature has been allowed to stabilize for two minutes, the air supply shall be disconnected and the pressure allowed to decrease to 3.5 psig. At 3.5 psig, the time required for pressure to drop to 2.5 psig shall be recorded. The time required for loss of 1.0 psig at an average pressure of 3.0 psig can be used to compute the rate of air loss.
The following table may be used to determine the minimum time allowable for pressure to drop 1.0 psig for various pipe sizes:
Pipe Size
Minimum Allowable Time
Minutes
Seconds
6 inches
2
15
8 inches
3
57
10 inches
4
43
12 inches
5
40
15 inches
7
05
18 inches
8
30
(b) 
Infiltration Test. The infiltration test shall be performed on those lines that are at or below the existing groundwater level. The rate of infiltration shall not exceed 50 gallons per mile per 24 hours per inch of diameter of sewer. Gushing or spurting streams entering the sewers shall be reason for test failure regardless of infiltration test results. The test shall not be conducted on sections of sewer in excess of 2,000 linear feet of street mains, trunks or interceptors. All sanitary sewer mains and laterals, downstream of the last cleanout, shall be tested.
3. 
Force Mains. To test force mains, the contractor shall fill the pipe with water in a manner such as to expel all air. If the contractor elects, he may test the pipe as a whole or in convenient sections as approved by the Borough's Engineer. The pipe shall then be subjected to a pressure test of 150 psi for a two-hour period. Any leaks or defective joints shall be satisfactorily repaired in kind or replaced and the test repeated until the line shows no leakage.
4. 
Low Pressure (Grinder Pump) Force Mains. To test low pressure force mains, the contractor shall fill the pipe with water in a manner such as to expel all air. If the contractor elects, he may test the pipe as a whole or in convenient sections as approved by the Borough's Engineer. The pipe shall then be subjected to a pressure test of 100 psi for a two-hour period. Any leaks or defective joints shall be satisfactorily repaired in kind or replaced and the test repeated until the line shows no leakage.
5. 
Manhole Vacuum Test. Manholes will be tested for water tightness upon completion of backfilling if required by the Borough Engineer. Testing will consist of a water leakage test or an air vacuum test. All equipment and labor shall be provided by the contractor as necessary for this testing.
(a) 
Leakage Test. The contractor shall perform exfiltration tests on each manhole. Manholes shall be filled with water to the top of the cone section. The contractor may allow water to set in manholes for a period of time to allow for absorption. At the end of this period, the manhole shall be refilled to the top of the cone and the test time of at least four hours begun. At the end of the test time, the amount of water required to refill the manhole to the top of the cone shall be determined. A calculation shall be made to determine the twenty-four-hour leakage rate per foot of manhole depth. The leakage for each manhole shall not exceed one gallon per vertical foot for a twenty-four-hour period. If the test fails this requirement, but the leakage does not exceed three gallons per vertical foot per twenty-four-hour period, repairs shall be made as approved or directed by the Engineer to bring the leakage within the allowable rate of one gallon per foot per twenty-four-hour period. If leakage exceeds three gallons per vertical foot, per twenty-four-hour period, the manhole will be rejected. The contractor shall then uncover the manhole, as necessary, and shall disassemble and reconstruct or replace it as directed by the Engineer. The manhole shall then be retested. This procedure shall be repeated until the manhole passes the leakage test.
(b) 
Vacuum Test. A vacuum of 10 inches of mercury shall be applied to the manhole and the time measured for the vacuum to drop to nine inches. The vacuum equipment shall be approved by the Borough Engineer prior to its use. The following table of test times will be used for acceptance of manholes. Manholes' times for the nine to 10 inches of mercury drop greater than the times in the following table will have passed the vacuum test. Manholes failing this test shall be repaired or disassembled and reconstructed as directed by the Borough Engineer.
Depth of manhole
(feet)
Time (sec)
Manhole Diameter (inches)
48 Inches
60 Inches
72 Inches
0 to 8
14
18
23
8 to 10
17
23
28
10 to 12
21
28
34
12 to 14
25
32
40
14 to 16
28
37
45
16 to 18
32
41
51
18 to 20
35
46
57
20 to 22
39
51
62
22 to 24
42
55
68
6. 
Pumping Station Startup Test. In the case of the pumping stations, the applicant shall conduct a satisfactory start-up and operation simulation for the facility. All equipment shall be tested. Emergency generators and associated equipment shall be tested by way of a simulated power failure. Pumping equipment and alarms shall satisfactorily operate at designated wet well sewage levels in accordance with the applicant's design operation sequence as outlined in the operation and maintenance manual submitted by the applicant and approved by the Borough's Engineer.
[1982 Code § 145-20; Ord. #294]
a. 
Every excavation for a building sewer shall be guarded to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the user connection being connected, in a manner satisfactory to the Borough.
b. 
Every street opening shall comply with the Borough Street Opening Ordinance.[1]
[1]
Editor's Note: See Chapter 15, Streets, Sidewalks and Sanitation.
[1982 Code § 145-21; Ord. #294]
All connections with sewers, whether over public or private property, shall in all respects be governed by the provisions of this chapter.
[1982 Code § 145-22; Ord. #294; Ord. #96-904, § 1]
No roof drainage, cellar drainage, crawl space drainage, surface water, swimming pool drainage or backwash water, waste from hydrants or groundwater from underground drainage fields shall be admitted or be permitted to drain into the sewer.
[1982 Code § 145-23; Ord. #294]
Any waste or other discharge into the sewer which is prohibited by rules and regulations of the Northeast Monmouth County Regional Sewerage Authority is hereby prohibited.
[1982 Code § 145-24; Ord. #294; Ord. #524; New]
Any person violating any provision of this chapter shall be liable to the penalty stated in Chapter 1, Section 1-5. Every day of violation shall be considered a separate offense.
[1]
Editor's Note: Former Section 16-8, Fees, previously codified herein and containing portions of 1982 Code § 145-25 and Ordinance Nos. 294 and 636, was repealed in its entirety by Ordinance No. 96-904.
[Ord. #05-1170, §§ 1 - 6]
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 Tinton Falls, 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, man-made channels, or storm drains) that is owned or operated by the Borough of Tinton Falls 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 Borough of Tinton Falls 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 and activities.
9. 
Flows from rinsing of the following equipment with clean water:
(a) 
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.
(b) 
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.
10. 
Flows from equipment and vehicle washing from municipal operations until February 28, 2009.
11. 
Flows from fire vehicle and equipment washing.
e. 
Enforcement. The provisions of this subsection shall be enforced by complaint signed by a member of the Department of Public Works, Code Enforcement or Public Safety of the Borough of Tinton Falls.
f. 
Violations and Penalties. Any person, firm or corporation who violates or neglects to comply with any provision of this subsection or any rule, regulation or directive promulgated pursuant thereto shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5 et seq.
[Ord. #05-1173, §§ 1 - 5]
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 Tinton Falls, 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.
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 Tinton Falls, 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, man-made channels, or storm drains) that is owned or operated by the Borough of Tinton Falls or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, add the following-"MS4s do not include combined sewer systems which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources."
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 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 Borough of Tinton Falls any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
d. 
Enforcement. The provisions of this subsection shall be enforced by complaint signed by a member of the Department of Public Works, Code Enforcement or Public Safety of the Borough of Tinton Falls.
e. 
Violations and Penalties. Any person, firm or corporation who violates or neglects to comply with any provision of this section or any rule, regulation or directive promulgated pursuant thereto shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5 et seq.
[Added 9-5-2023 by Ord. No. 2023-1506]
a. 
Purpose. The purpose of this subsection is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This subsection establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately owned) in the Borough of Tinton Falls to protect the environment, public health, safety and welfare, and to prescribe penalties for 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 chapter clearly demonstrates a different meaning. When 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.
DE-ICING MATERIALS
Any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
A permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall). A fabric frame structure is a permanent structure if it meets the following specifications:
1. 
Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials;
2. 
The design shall prevent stormwater run-on and run through, and the fabric cannot leak;
3. 
The structure shall be erected on an impermeable slab;
4. 
The structure cannot be open sided; and
5. 
The structure shall have a roll up door or other means of sealing the access way from wind driven rainfall.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
RESIDENT
A person who resides on a residential property where de-icing material is stored.
STORM DRAIN INLET
The point of entry into the storm sewer system.
c. 
De-icing Material Storage Requirements:
1. 
Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15 and April 15:
(a) 
Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;
(b) 
Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, and/or ditches or other stormwater conveyance channels;
(c) 
Loose materials shall be formed in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use;
(d) 
Loose materials shall be covered as follows:
(1) 
The cover shall be waterproof, impermeable, and flexible;
(2) 
The cover shall extend to the base of the pile(s);
(3) 
The cover shall be free from holes or tears;
(4) 
The cover shall be secured and weighed down around the perimeter to prevent removal by wind;
(5) 
Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile.
(6) 
Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used.
(e) 
Containers must be sealed when not in use; and
(f) 
The site shall be free of all de-icing materials between April 16 and October 14.
2. 
De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 to April 15.
3. 
Any such temporary and/or permanent structures must also comply with all other local ordinances, including building and zoning regulations.
4. 
The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this subsection are met. Inspection records shall be kept on site and made available to the municipality upon request.
(a) 
Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections.
d. 
Exemptions.
1. 
Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within two weeks.
2. 
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in paragraph c above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
3. 
This subsection does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another NJPDES permit.
e. 
Enforcement. This subsection shall be enforced by complaint signed by a member of the Department of Public Works, Code Enforcement or Public Safety of the Borough of Tinton Falls.
f. 
Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in fines as stated in Chapter 1, Section 1-5 et seq.
g. 
Severability. Each section, subsection, sentence, clause, and phrase of this subsection is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this subsection to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this subsection.