[Ord. No. 215-93 § 1; Ord. No. 229-95 § 1; Ord. No. 425-09 § 1;amended ]
The following schedule of categories and fees shall be the minimum annual rates to be paid to the Borough for the furnishing of municipal sewerage services:
[Ord. No. 215-93 §§ 2, 3; Ord. No. 229-95 §§ 2, 3; Ord. No. 425-09 §§ 2, 3]
To be classified as an additional unit, the unit shall be required to be housed within the same building as the first unit billed.
Any units located on same property, however, housed in separate buildings, shall be considered separate and distinct units, and billed individually according to above classifications and rates.
[Ord. No. 215-93 § 4; Ord. No. 229-95 § 4; Ord. No. 274-00 § 5; Ord. No. 425-09 § 4]
A late payment of 8% per annum shall be charged by the Borough on amount billed and not paid within the year of said amount being billed.
[Ord. No. 127-87 § 1; Ord. No. 301-01 § 3; Ord. No. 482-13]
Charges for sewer connection or reconnection shall be as follows:
[Ord. No. 482-13]
Full payment shall be made for services described in Subsection 20-2.1 at the time they are due and payable, except that:
A property owner may elect to pay for the new sewer service connection fee within two years in quarterly installments with a simple interest rate of one and one-half (1 1/2%) percent until the date the entire amount is paid, and
[Ord. No. 101-86 § 1]
The owner of each property in the Borough which is serviced by an off-site sewage collection and treatment system shall install approved caps on all sewer vent openings which permit the passage of air or gases from the sewer lateral to the property. The owner of each property shall install such approved caps on all vents within the boundary lines of each property so as to prevent the inflow of surface water and storm water into the sanitary sewer system of the Borough.
[Ord. No. 101-86 § 2]
When an existing sewer vent is located or constructed so that an approved cap to stop the infiltration of surface water and storm water cannot feasibly be placed upon such vent, then the property owner shall, in a manner approved by the Borough Engineer, have any such sewer vent modified or relocated so as to make it free from the intrusion of surface water and storm water.
[Ord. No. 101-86 § 3]
This section shall be administered by the Borough's Construction Code Official and Borough Engineer, each of whom shall have the authority to certify whether a particular sewer vent cap is approved so as to comply with the provisions of this section.
[Ord. No. 101-86 § 4; Ord. No. 233-95]
Any person who shall be found to have violated this section shall be subject to the penalty stated in Chapter 1, § 1-5. No person shall be cited, however, for a violation of this section until they have first been notified, by the Borough, in writing, that they are in violation and they continue to be in violation 15 days after the date such notice is sent to them.
[Ord. No. 79-84 Preamble]
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. 1150 et seq.) and the Borough desires to remain in compliance therewith. An executed service agreement with the Cape May County Municipalities Authority requires the timely passage of a sewer use ordinance. The Borough desires to assure that the use of the public wastewater system operated by it or its contracted designees will conform to the best sanitary engineering practices, and the Borough desires to regulate the use of the public wastewater system.
Unless the context of usage indicates otherwise, the meaning of specific terms in this section shall be as follows:
- Shall mean the Federal Clean Water Act, as amended.
- BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
- Shall mean the quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedures in five days at twenty (20 °C) degrees C, ex-pressed in milligrams per liter.
- Shall mean the Borough of West Cape May.
- BUILDING SEWER
- Shall mean the extension from a building wastewater plumbing facility to the public wastewater facility.
- Shall mean the Cape May County Municipal Utilities Authority.
- COMBINED SEWER
- Shall mean a sewer intended to receive both wastewater and storm or surface water.
- COMMERCIAL USER
- (Class II) shall include any property occupied by a nonresidential establishment not within the definition of an "Industry User (Class III)," and which is connected to the wastewater facilities.
- Shall mean the 24 hour period beginning at 12:01 a.m.
- Shall mean the United States Environmental Protection Agency.
- EXTRAORDINARY EXPENSE
- Shall mean those costs which are over and above normal operating and maintenance costs incurred as a result of actions of a person or persons.
- Shall mean the solid animal and vegetable wastes resulting from the domestic or commercial handling, storage, dispensing, preparation, cooking and serving of foods.
- INDUSTRIAL USER
- (Class III) shall mean any nonresidential user whose waste does not meet the Restricted Discharge requirements set forth in Article VI § 2 of this section.
- Shall mean inhibition or disruption of any sewer system, wastewater treatment process, sludge disposal system, or their operation, which substantially contributes to a violation of applicable discharge permits.
- Is permissible; SHALL - Is mandatory.
- NATURAL OUTLET
- Shall mean any outlet into a watercourse, pond, ditch, lake, or any other body of surface or ground-water.
- Shall mean the National Pollutant Discharge Elimination System permit program, whether administer by the EPA or by the State of New Jersey.
- Shall mean the person or persons who legally own, lease, or occupy private property with wastewater facilities which discharge, or will discharge to the wastewater facilities.
- Shall mean any individual, firm, company, association, society, partnership, corporation, municipality, or other similar organization, agency or group.
- Shall mean the logarithm of the reciprocal of the hydrogen ion concentration expressed in grams per liter of solution as determined by Standard Methods.
- Shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to discharge to the wastewater facilities.
- PROPERLY SHREDDED GARBAGE
- Shall mean garbage that has been shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in the wastewater sewers, with no particle greater than one-half (1/2") inch in any dimension.
- RESIDENTIAL USER
- (Class I) shall mean premises used only for human residency and which is connected to the waste-water facilities.
- SANITARY WASTEWATER
- Shall mean wastewater discharged from the sanitary conveniences of dwellings, office buildings, industrial plants, or institutions.
- Is mandatory; MAY - Is permissible.
- STANDARD METHODS
- Shall mean the latest edition of Standard Methods for Examination of Water and Wastewater, published by the American Public Health Association, Water Pollution Control Federation and American Water Works Association.
- Shall mean the State of New Jersey.
- STORM SEWER
- Shall mean a sewer for conveying storm, surface, and other waters, which is not intended to be transported to a treatment facility.
- SURFACE WATER
- Shall mean water which occurs when the rate of precipitation exceeds the rate at which water may infiltrate into the soil.
- SUSPENDED SOLIDS
- Shall mean the total suspended matter that either floats on the surface of, or is in suspension in, water or wastewater as determined by Standard Methods.
- Shall mean any of the pollutants designated by Federal regulations pursuant to Section 307(a)(1) of the Act.
- Shall mean a combination of liquid and water-carried wastes from residences, commercial buildings, industries and institutions, together with any ground water, surface water, or storm water or other infiltration that may be present.
- WASTEWATER FACILITY
- Shall mean the combination of the wastewater sewers, pumping stations, appurtenances and treatment facilities.
- WASTEWATER SEWER
- Shall mean the structures, processes, equipment and arrangements necessary to collect and transport wastewaters to the treatment facility.
- WASTEWATER TREATMENT FACILITY
- Shall mean the structures, processes, equipment and arrangements necessary to treat and discharge wastewater.
- Shall mean the Water Pollution Control Federation.[Ord. No. 79-84 AI § 1]
[Ord. No. 79-84 AII § 1]
The purpose of this section is to provide for the maximum possible beneficial public use of the wastewater facilities through regulation of sewer construction, sewer use and wastewater discharges and to provide procedures for complying with the requirements contained herein.
[Ord. No. 79-84 AII § 2]
The definitions of terms used in this section are found in Article I. The provisions of this section shall apply to the discharge of all wastewater to facilities in the Borough. This section provides for use of the wastewater facilities, regulation of sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment required, sewer construction plans, issuance of Wastewater Discharge Permits, minimum sewer connection standards and conditions, and penalties and other procedures in cases of violation of the section.
[Ord. No. 79-84 AII § 3]
Except as otherwise provided herein, the Board of Commissioners, or its designee, shall administer, implement and enforce the provisions of the section.
[Ord. No. 79-84 AII § 4]
Any person found in violation of this section or any requirement of a permit issued hereunder may be served with a written notice stating the nature of the violation and providing a reasonable time limit for compliance. Any such notice given shall be in writing and served in person or by registered or certified mail. The notice shall be sent to the last known address of the violator. Where the address is unknown, service may be made upon the owner of record of the property involved. If satisfactory action is not taken in the time allotted by the notice, Subsection 20-7.7 shall be implemented.
[Ord. No. 79-84 AII § 5]
Any person who continues to violate the discharge pro-visions of this section beyond the time limit provided for in Subsection 20-7.6 may be charged with commission of a misdemeanor and upon conviction thereof, shall be fined not more than $10, for each day the violation continues and/or may be subject to disconnection from the wastewater facilities. In addition, if a violation causes an extraordinary expense to any operating component of the wastewater facilities, the person causing such violation shall be liable for the full amount of the extraordinary expense plus any costs incurred by the entity pursuing enforcement of these provisions. The Borough will transfer any such reimbursement to the person suffering the injury or incur-ring the expenses.
Each day or portion thereof a violation continues shall constitute a separate violation.
[Ord. No. 79-84 AII § 6]
All fines collected under this section shall be used for the sole purpose of constructing, operating or maintaining the wastewater facilities or the retirement of debt incurred for same.
All fees and charges payable under the provisions of this section are due and payable upon the receipt of notice of charges, unpaid charges shall become delinquent and shall be subject to penalty and interest charges.
[Ord. No. 79-84 AII § 7]
The Borough personnel, or contracted designees bearing proper credentials and identification, shall be permitted to enter the property of any Residential, Commercial, or Industrial User of the wastewater sewer at any reasonable time for the purposes of inspection, observation, measurement and sampling of the wastewater discharge to ensure that discharge to the wastewater facilities is in accordance with the provisions of this section.
While performing the necessary work on private properties referred to in Subsection a above, all persons shall observe all safety rules established by the owner or occupant of the property and applicable to the premises.
During the performance on private properties of inspections, wastewater sampling, or other similar operations referred to in Subsection a above, the owner and occupant shall be: (1) held harmless for personal injury to or death of the inspection personnel and the loss of or damage to supplies or equipment used by the inspectors in the process or inspection; and (2) indemnified against liability claims asserted against the owner or occupant for personal injury or death or inspection personnel or for loss of or damage to property used by the inspectors except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
[Ord. No. 79-84 AII § 8]
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction, is punishable by a fine in the amount not to exceed $250. The fine shall be in addition to payment of damages incurred by a wastewater facility.
[Ord. No. 79-84 AII § 9]
A finding by any court or other jurisdiction that any part or provision of this section is invalid shall not affect the validity of any other part or provision of this section which can be given effect without the invalid parts or provisions.
[Ord. No. 79-84 AII § 10]
Any person, persons, or businesses responsible in part or in whole for the accidental spill into the sewer system, onto public or personal property, or into surrounding bodies of water, shall immediately report each occurrence to the Borough of West Cape May Police Department.
[Ord. No. 79-84 AII § 11]
In the case of an accidental discharge, or, if for any reason a user does not comply, or will be unable to comply, with any prohibition or limitation in this Sewer Use section, the user responsible for such discharge shall immediately telephone and notify the Borough and the CMCMUA of the incident. The notification shall include location of discharge, type of waste, concentration and volume. Furthermore, such user shall take immediate action to prevent interference with the wastewater treatment process and/or damage to the wastewater facilities. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the wastewater facility or other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this section or other applicable law.
[Ord. No. 79-84 AIII § 1]
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Borough or in any area under the jurisdiction of the Borough any human or animal excrement, garbage, or other objectionable waste.
[Ord. No. 79-84 AIII § 2]
It shall be unlawful to discharge without an NPDES permit to any natural outlet within the Borough or in any area under its jurisdiction. Wastewater discharges to the wastewater facilities are not authorized unless in accordance with provisions of this section.
[Ord. No. 79-84 AIII § 3]
Except as provided in this section, 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 wastewater.
[Ord. No. 79-84 AIII § 4]
Any person requesting connection to the wastewater facilities may only do so through the wastewater sewers owned by the Borough. No person may be permitted to directly discharge into the wastewater facilities owned by the Cape May County Municipal Utilities Authority (CMCMUA) unless prior written consent is received from the CMCMUA.
[Ord. No. 79-84 AIV § 1]
No private wastewater disposal system shall be permitted in the geographic areas of the Borough which have wastewater sewers provided.
[Ord. No. 79-84 AV § 1]
No authorized person shall uncover, make any connections with or opening into, use, alter, or disturb any wastewater sewer or a storm sewer without first obtaining a written permit from the Borough.
There shall be three classes of permits for connections to the wastewater facilities: Class I residential, Class II commercial, and Class III industrial. In all cases, the owner shall make application for a permit to connect to the wastewater facilities. The permit application shall be supplemented by wastewater information required to administer this section. A permit and inspection fee of:
Connection to a storm sewer shall be subject to a permit and inspection fee of $25. Such connections shall be subject to the provisions of the section and the approval of the Borough.
[Ord. No. 79-84 AV § 2]
The costs and expenses incidental to the connection to the wastewater facilities shall be borne by the owner. The Borough (shall) (shall not) provide the connection between the building sewers and the wastewater sewers.
[Ord. No. 79-84 AV § 3]
Existing building sewers may be used for connection of new buildings only when they are found, on examination and test by the Borough to meet the requirements of this section.
[Ord. No. 79-84 AV § 4]
The size, slope, alignment, construction materials, trench excavation and backfill methods, pipe placement, jointing and testing methods used in the construction and installation of a building sewer shall conform to the building and plumbing code or other applicable requirements of the NJDEP or the Borough.
[Ord. No. 79-84 AV § 5]
Whenever practicable, the building sewer shall be brought to a building at an elevation below the basement floor. In buildings in which any building drain is too low to permit gravity flow to the wastewater sewer, wastewater carried by such building drain shall be lifted by an approved means and discharged to a building sewer draining to the sewer.
[Ord. No. 79-84 AV § 6]
No person shall connect roof, foundation, areaway, parking lot, roadway, or other surface runoff or groundwater drains to any sewer which is connected to a wastewater treatment facility.
All roof, foundation, areaway, parking lot, roadway, or other surface runoff or groundwater drains shall dis-charge to natural outlets or storm sewers.
[Ord. No. 79-84 AV § 7]
The connection of a building sewer into a wastewater sewer shall conform to the requirements of the building and plumbing code or other applicable requirements of the Borough and/or the NJDEP. The connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials shall be approved in writing by the Plumbing Subcode Official before installation.
The connection of a surface runoff or groundwater drain to a storm sewer or natural outlet designed to transport surface runoff or groundwater drainage shall conform to the requirements of the applicable building code or other applicable requirements of the Borough.
[Ord. No. 79-84 AV § 8]
Excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public 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 Borough.
[Ord. No. 79-84 AV § 9]
The Borough shall not issue a permit for any class of connection to the wastewater sewers or wastewater treatment facilities unless there is sufficient capacity, not legally committed to other users, in the wastewater sewers and treatment facilities to convey and adequately treat the quantity of wastewater which the requested connection will add to the system.
[Ord. No. 79-84 AVI § 1]
All discharges of storm-water, surface water, groundwater, roof runoff, and subsurface drainage shall be made to storm sewers or natural outlets designed for such discharges. Any connection, drain or arrangement which will permit any such waters to enter any wastewater sewer shall be deemed to be a violation of this section.
[Ord. No. 79-84 AVI § 2]
No person shall discharge or cause to be discharged to any of the wastewater facilities any substances, materials, waters or wastes in such quantities or concentrations which will:
Create a fire or explosion hazard including, but not limited to, gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; including but not limited to any liquid having a flash point lower than 235 degrees F as determined by the Tagliabue closed cup method.
Cause corrosive damage or hazard to structures, equipment, or personnel of the wastewater facilities, but in no case discharges having a pH lower than 5.5 or greater than 9.0.
Cause obstruction of the flow in sewers, or other interference with the operation of wastewater facilities due to accumulation of solid or viscous materials.
Contain fats, wax or grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 degrees F and 150 degrees F.
Have a temperature higher than 150 degrees F or 65 degrees C.
Contain phenolic compounds over 1.0 part per million, expressed as phenol.
Contain any radioactive substances.
Have a biochemical oxygen demand (5-day BOD) in excess of 350 milligrams per liter (mg/l).
Have a suspended solids content in excess of 300 mg/l, or containing suspended solids of such character of specific gravity that unusual attention or expense is required to handle or treat such materials.
Contain corrosive, toxic, deleterious, or poisonous substances in sufficient quantity to cause injury, damage or hazard to personnel, structures or equipment, or interfere with the wastewater facilities including but not limited to any portion of the liquid or solids treatment or handling processes, or that which will pass through the treatment facilities in such condition that they will not achieve State, Federal, or other existing, pending, or future requirements for the effluent discharge, including but not limited to the NPDES permit requirements imposed upon the Cape May County Municipal Utilities Authority.
Cause unusual volume or concentration of wastes being delivered in a "slug" manner by which it is meant that the normal (i.e., 24 hour average) concentration of loadings shall not be exceeded by more than a factor of 4.0 for any 60 minute period.
Have an objectionable color which is not removable in the wastewater treatment facility.
Be discharged by tank trucks into manholes or appurtenances of the wastewater sewer system, including but not limited to septic tank wastes. These septic tank wastes will, however, be accepted directly at designated CMCMUA Wastewater Treatment Facilities.
Contain noxious, malodorous gas or substances which are present in quantities that create a public nuisance or a hazard to public health.
Contain any garbage that has not been properly shredded.
Contain substances interfering with sludge management; any substance which may cause the wastewater treatment facility's sludge to be unsuitable for reclamation and reuse or to interfere with reclamation process where the CMCMUA is pursuing a reuse and reclamation program. In no case shall a wastewater discharged to the waste-water facilities cause the wastewater treatment facilities to be in noncompliance with sludge use and disposal criteria, guidelines or regulations developed by the NJDEP, the USRPA, or any criteria guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or the "New Jersey Guidelines for the Utilization and Disposal of Municipal and Industrial Sludge and Septage."
If any wastewaters are discharged or are proposed to be discharged to the wastewater facilities which consist of the substances or possess the characteristics enumerated above, or which may be set forth by regulatory agencies now or in the future, and which, in the judgment of the Borough and/or the Cape May County Municipal Utilities Authority, have a deleterious effect upon the wastewater facilities or constitute a public nuisance, the Borough may:
[Ord. No. 79-84 AVI § 3]
In an effort to conserve water resources, no discharger shall be permitted to dilute their waste to avoid violation of Subsection 20-7.29.
[Ord. No. 79-84 AVII § 1]
No person shall discharge or cause to be discharged to any wastewater facilities, wastewaters containing substances, and/or concentration of substances, prohibited in Article VI, as indicated herein.
[Ord. No. 79-84 AVII § 2]
Should an Industrial Discharger (Class III) request connection to the wastewater facilities, the Borough shall:
Prior to authorizing such discharge, require that sufficient information be provided in order to evaluate the waste material proposed to be discharged to ascertain compliance with Article VI of the section.
If in the opinion of the Borough and the CMCMUA the waste is not in compliance with the requirements of Article VI, the potential discharger will be required to provide adequate pretreatment facilities for the wastes in order to bring the material proposed for discharge into the wastewater facilities into full compliance, or the Industrial Discharger will be denied access into the wastewater facilities.
[Ord. No. 79-84 AVII § 3]
If the discharger is found to be in violation of Article VI, the Borough shall required the installation of pre-treatment facilities within a specified time to be deter-mined by the Borough and/or the CMCMUA. If such facilities are not constructed and delivering a waste in compliance with the provisions of this section within the specified time, the Borough may disconnect the dis-charge from the wastewater facilities according to pro-visions set forth in Article II.
The requirements of this section shall be applicable to all Industrial Dischargers in existence prior to the adoption of this section.
[Ord. No. 79-84 AVII § 4]
Measurements, tests and analyses of the characteristics of wastewater to which reference is made in this section shall be determined in accordance with the latest edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association or such alternate methods approved by the Borough and the CMCMUA. The discharger shall have the option to use at his own expense, more complete sampling methods, locations, times, and frequencies than specified by the Borough and the CMCMUA.
Measurements, tests, and analyses of the characteristics of wastewater required by this section shall be per-formed by a New Jersey State certified laboratory.
When required by the Borough, the user 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 wastewater. Such manhole or other appurtenances, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Borough. The manhole shall be installed by the user at his expense, and shall be maintained by him so as to be safe and accessible at all times.
[Ord. No. 79-84 AVII § 5]
Nothing in this article shall be construed as preventing any special agreement or arrangement between the Borough and any user of the waste-water facilities whereby wastewater of unusual BOD or suspended solids strength is accepted into the system subject to any surcharge payments or user charges as may be applicable; provided, however, that such acceptance does not cause a violation of the NPFES discharge permit requirements for the wastewater treatment facility. The surcharge rates shall be in conformance with the then prevailing rates developed by the CMCMUA.
[Ord. No. 79-84 AVII § 6]
If the drainage or discharge from any person/owner causes a deposit, obstruction, or damage to any of the wastewater facilities located within the Borough, the Borough or the CMCMUA depending upon which of those entities has operating responsibility for the obstructed section of the wastewater facility, shall cause the deposit or obstruction to be promptly removed or cause the damage to be promptly repaired. The cost for such work, including materials, labor, supervision, permits and engineering fees shall be borne by the person/owner causing such deposit, obstruction, or damage.
[Ord. No. 79-84 AVII § 7]
The Borough and the CMCMUA shall implement reasonable measure to ensure the confidentiality of the information provided by a Class III discharger, if so requested.
[Ord. No. 534-2018]
A nonrefundable fee of $50 shall be paid to the Borough Clerk at the time of application.
[Ord. No. 534-2018]
All fees set forth herein are intended to cover the Borough's actual costs in administering applications for development.