[1975 Code § 10-1.1]
There is hereby created a public body corporate and politic in the Borough to be named the "South Toms River Sewerage Authority" pursuant to the provisions of an Act of the Legislature of the State of New Jersey (P.L. 1946, c. 138, p. 639) known as the "Sewerage Authorities Law," as amended and supplemented.
[1975 Code § 10-1.2]
The membership of the South Toms River Sewerage Authority shall consist of five citizens of the Borough of South Toms River who shall be appointed by resolution of the Borough Council as hereinafter provided.
[1975 Code § 10-1.3]
The South Toms River Sewerage Authority hereby created shall be an agency and instrumentality of the Borough of South Toms River and shall have all of the powers conferred by the Sewerage Authorities Law upon sewerage authorities generally.
[1975 Code § 10-1.4]
The Sewerage Authority shall consist of five citizens of the Borough of South Toms River appointed as aforesaid. On or after January 1st in each year, one person shall be appointed as a member to serve for a term commencing on February 1 in such year and expiring on February 1 in the fifth year thereafter.
[1975 Code § 10-1.5]
In the event of a vacancy in the membership of the Authority occurring during an unexpired term of office, a person shall be appointed as a member of the authority to serve for such unexpired term. Each member shall hold office for the term for which he was appointed and until his successor has been appointed and has qualified.
[1975 Code § 10-1.6]
A copy of this chapter and a copy of each resolution appointing any member of the South Toms River Sewerage Authority, duly certified by the Borough Clerk, shall be filed in the Office of the Secretary of the State of New Jersey.
[1975 Code § 10-1.7]
No member, officer or employee of the Sewerage Authority shall have or acquire any interest, direct or indirect, in a sewerage system or in any property included or planned to be included in the sewerage system or in any contract or proposed contract for materials or services to be furnished to or used by the Sewerage Authority, but neither the holding of any office or employment in the government of the Borough or under any law of the State of New Jersey nor the owning of any property within the State of New Jersey shall be deemed a disqualification for membership in or employment by the Sewerage Authority. Members of the governing body of the Borough of South Toms River may be appointed by the governing body and may serve as members of the South Toms River Sewerage Authority.
[1975 Code § 10-1.8]
Members of the Sewerage Authority shall receive no compensation for services except that such members shall be reimbursed for necessary expenses incurred in the discharge of their duties. Notwithstanding the provisions of this section, members of the sewerage authority may receive compensation for their services as may be determined hereafter by any ordinance of the Borough of South Toms River amendatory hereof.
[1975 Code § 10-1.9]
Upon the initial appointment of the members of the Sewerage Authority, and thereafter, on or after the first day of December in each year, such members shall elect from among the members a Chairman and a Vice-Chairman who shall hold office until the first day of December next ensuing and until their respective successors have been appointed and have qualified.
[1975 Code § 10-1.10]
The Sewerage Authority shall annually cause an audit of the accounts of the authority to be made and filed with the authority and for such purpose, the authority shall employ a registered municipal accountant of New Jersey or a certified public accountant of New Jersey. Such audit shall be completed and filed with the authority within four months after the close of the fiscal year of the authority and a certified duplicate thereof shall be filed with the Director of the Division of Local Government in the Department of the Treasury within five days after the original report is filed with the Authority.
[1975 Code § 10-1.11]
Nothing herein contained shall be construed as limiting or restricting any of the powers and duties conferred upon Sewerage Authorities created pursuant to the aforesaid Act and the Authority shall enjoy all of the statutory powers and duties as specifically set forth in N.J.S.A. 40:4A-7 and as the same may be amended and supplemented.
[1975 Code § 10-2.1]
Pursuant to the Sewerage Authorities Laws, constituting Chapter 138 of the Pamphlet Laws of 1946, of the State of New Jersey, approved April 23, 1946, the Authority was created by virtue of an Ordinance #148 duly adopted by the Mayor and Council of the Borough and is a public body politic and corporate of the State of New Jersey, organized and existing under the law, established as an instrumentality exercising public and essential governmental functions to provide for the public health and welfare, with all necessary or proper powers to acquire, construct, maintain, operate and use sewerage facilities for the relief of the waters in, bordering or entering the district (as defined in the agreement) from pollution or threatened pollution and for improvement of conditions affecting the public health.
The Authority is ready to design, finance, construct, maintain, operate and use sewerage facilities for the relief of the waters in, bordering, or entering the district (as defined in the agreement) from pollution or threatened pollution and for improvement of conditions affecting the public health, and the Authority is ready to design, finance, construct and put in operation a regional sewerage system.
Pursuant to Chapter 138, an agreement with the Authority for the disposal of sewage from the Borough has been submitted to the Borough of South Toms River and it appears after due consideration that it is in the best interest of the Borough to enter into an agreement as approved by the Borough Attorney.
[1975 Code § 10-2.2]
The Borough of South Toms River has ascertained and does hereby determine that it is situate within the district (as defined in the agreement) of the South Toms River Sewerage Authority and it can advantageously use the sewerage system of the Authority, and it will be economical and in other respects advantageous to it to have wastewater, sewage and other wastes treated and disposed of by the sewerage authority on and pursuant to the terms of an agreement about to be executed between the Borough of South Toms River and the South Toms River Sewerage Authority and any supplements or amendments thereto.
[1975 Code § 10-2.3]
The Borough shall enter into an agreement and any supplements or amendments thereto in a form approved by the Borough Attorney under the corporate seal of the Borough which shall be affixed and attested by the Borough Clerk, and to deliver the same.
The agreement and any supplements or amendments thereto shall be in substantially the form presented to the Mayor and Council on or about March 15, 1974, and on file in the office of the Borough Clerk.
[1975 Code § 10-3.1]
No installation or erection of any potable water supply and sewerage service, or either, shall be commenced or made in any realty improvement, not served by an approved water supply and an approved sewerage system in this Borough, unless and until:
Written application for the particular installation or erection has been made to this Borough or the State Department of Health of New Jersey;
Fee of $15 has been paid the Borough, which fee shall accompany the application.
Certification required by N.J.S.A. 58:11-25 has been issued by the local Board of Health or its duly authorized agent or representative. The fee shall cover the costs and expenses of the Borough in all clerical work and inspections of proposed installation and actual installation in each instance.
[1975 Code § 10-3.2]
No building permit for the construction of a realty improvement shall be issued in this Borough unless and until this certification has been issued.
[1975 Code § 10-3.3]
No construction of any realty improvement in this Borough shall be begun until the certification has been issued.
[1975 Code § 10-3.4]
All proposed water supply systems and sewerage facilities for the proposed realty improvements shall be in compliance with the provisions of "The Realty Improvement Sewerage and Facilities Act (1954), of the State of New Jersey," N.J.S.A. 58:11-23, et seq. and the standards for construction of such water supply and sewerage facilities promulgated by the State Department of Health of New Jersey or to be hereafter promulgated by it except as amended and supplemented as follows: (Section and Paragraph numbers refer to Chapter 199, P.L. 1954).
[1975 Code § 10-3.5]
The New Jersey licensed professional engineer, who is the Borough Engineer, shall be the employee and representative of this Borough and its Board of Health to issue such certificates where warranted, or to deny same when unwarranted.
[1975 Code § 10-3.6]
All words and phrases used in this chapter which words and phrases are defined in N.J.S.A. 58:11-24 shall follow the same definitions and construction as in State Law.
[1975 Code § 10-3.7]
All fees paid pursuant to this chapter shall be the property of the Borough.
[1975 Code § 10-3.8]
This chapter is adopted for both revenue and police power (i.e. regulatory) purposes.
[1975 Code § 10-3.9]
Nothing contained in the preceding sections shall be construed to affect, estop, hinder or embarrass the Local Board of Health in prosecuting any violation under the provisions of N.J.S.A. 58:11-39, if it elects to so prosecute.
[1975 Code § 10-3.10]
The Borough Clerk shall file a certified copy of this chapter with the State Department of Health of New Jersey within 10 days after December 8, 1958.
[1975 Code § 10-4.1]
As used in this section:
- Shall mean any building or structure heretofore or hereafter constructed and designed and used for dwelling purposes, be it temporary or permanent, or designed or used for use or occupancy by persons.
- a. When used with respect to a building constructed prior to the date of the initial operation, as part of any sanitary sewerage treatment and disposal system in the Borough-owned or operated by the South Toms River Sewerage Authority, of a sewer available to serve said building, means the 90th day next ensuing after said date of initial operation; and
- b. When used with respect to a building constructed after the date of initial operation, as a part of any sanitary sewerage treatment and disposal system owned or operated by the Borough or Sewerage Authority, of a sewer available to serve the building, means the 90th day after the date of completion of construction or the date of initial occupancy of said building, whichever said date shall be earlier in point of time.
- Shall mean any sewer or main designed or used for collection or disposal of sanitary sewerage or wastewater and located in any public street in the Borough.
[1975 Code § 10-4.2]
The owner of any building located upon any public street in the Borough in which a sewer is now constructed or shall hereafter be constructed shall, prior to the connection date with respect to that building, connect such building and every toilet therein with the sewer, and shall remain connected to the system.
[1975 Code § 10-4.3]
Every connection required by this section shall be made in accordance with the ordinances of the South Toms River Board of Health as well as the rules and regulations of the South Toms River Sewerage Authority, extending from inside the building foundation to a sewer or to a point which is not less than five feet outside of said foundation and connected therefrom to a sewer. All soil pipes shall not be less than four inches in diameter, and every connection required by this section shall be made in a manner to discharge into said sewer all sanitary sewage originating in the building and in all other respects as required by the ordinances of the South Toms River Board of Health and the rules and regulations of the South Toms River Sewerage Authority.
[1975 Code § 10-4.4]
Upon receipt of notice that any sewer is available to serve buildings on any property in the Borough, each owner of property shall be directed by the South Toms River Sewerage Authority as the designated agent of the Board of Health of the Borough of South Toms River to connect each building on the property with the sewer in accordance with the terms of this section.
[1975 Code § 10-4.5]
Notice to the property owners with respect to which an order is issued pursuant to subsection 18-4.4 of this section, shall be given by the South Toms River Sewerage Authority as designated agent of the South Toms River Board of Health. All notices shall be addressed to the owners of said property as the names of the owners appear in the last tax duplicate of the Borough of South Toms River, shall describe the property by lot and block designation as the same appears on the Tax Map of the Borough of South Toms River, and by the street address, if a street address exists, and shall state that by order of the Board of Health of the Borough of South Toms River the owner is required to connect each building on the property with a sewer in accordance with the terms of this ordinance on or before the connection date with respect to such building or if such connection date shall have passed, within 30 days after the service of such notice as hereinafter provided, and the notice shall also describe the penalty which may be imposed hereunder for failure to comply with said notice and order in accordance with the terms of this section. The notice may be served on the owner personally or by leaving it at his usual place of abode with a member of his family above the age of 14 years. This notice may also be served within or without the limits of the Borough of South Toms River by mailing the same by registered mail to the last known post office address of the owner as the same appears on the last tax duplicate of the Borough of South Toms River.
[1975 Code § 10-4.6; New]
Any person or corporation who shall not comply with any order issued in accordance with the provisions hereof within 30 days after notice by the proper officer of the Board of Health as hereinabove provided, shall, upon complaint by the officer of the South Toms River Sewerage Authority or any other officer or person and, upon conviction, shall be liable for the penalty stated in Chapter 1, Section 1-5. Penalties under this section may be enforced in the municipal court of the Borough of South Toms River in the manner provided by law.
[1975 Code § 10-4.7]
In addition to the penalties set forth in subsection 18-4.6 above, if the owner of any property in the Borough of South Toms River shall fail to make any connection or installation required by this section within the time herein prescribed, the Board of Health of the Borough may compel any owner of property along the line of any sewer to connect his building or cause the same to be made and charge and assess the cost thereof against the property.
[Ord. No. 292 § 2]
The notice requirements of subsection 18-4.4 above shall not apply to a property which is disconnected from the sewer for nonpayment of service.
[Ord. No. 14-89 § 1]
As used in this section:
- Shall mean the South Toms River Sewerage Authority.
- AUTHORITY SEWER
- Shall mean all interceptors, trunks, sanitary sewers or service connection owned by the Authority in public streets or easements to the property line or edge of the easement.
- BUILDING SEWER
- Shall mean the extension from a commercial, residential, institutional or industrial building or buildings to the Authority's sewer, or lateral.
- Shall mean any pipe, together with necessary connections conveying sewage from the building sewer at either the property line or Authority's easement line to the sewerage system.
- Shall mean permissive; Shall shall mean mandatory.
- Shall mean the property containing a building sewer which is connected with an Authority sewer.
- Shall mean a combination of the water-carried wastes from residences, business buildings, institutions, industrial establishments, and other buildings or places.
- SEWER SYSTEM
- Shall mean all trunks, subtrunks, sewers, interceptors, laterals, branches, and all other sewer appurtenances owned by the Authority.
- Shall mean any and all streets, avenues, highways, and roads, whether publicly used or dedicated, with or without acceptance by the Borough, County or State.
[Ord. No. 14-89 §§ 1 — 6]
No unauthorized person shall uncover any connection with or opening into, use, alter, open, close or disturb or in any other manner tamper or interfere with the sewer system, an Authority sewer or the appurtenances of the Authority.
A person is guilty of violating this section if he purposely obtains the benefit of services provided by the South Toms River Sewerage Authority which he knows or should know to be available only for compensation by means of deception, or by means of tampering with or altering the property of the South Toms River Sewerage Authority. Service shall mean labor, professional services, disposal services, utilization of pipe lines and facilities under the direction and control of the South Toms River Sewerage Authority.
A person commits a theft if, having control over the disposition of services of the South Toms River Sewerage Authority to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto.
Any person who, without permission and for the purpose of obtaining sewer services with the intent to defraud the South Toms River Sewerage Authority or any person who is furnished by the South Toms River Sewerage Authority with sewer service:
Connects or causes to be connected through any unauthorized means with any facility under the ownership, direction or control of the South Toms River Sewerage Authority; or
Connects or disconnects any meters, conduits, pipes, plugs, stops or other instruments under the ownership, direction, or control of the South Toms River Sewerage Authority, or in any other manner tampers or interferes with such meters, pipes, conduits, plugs, stops, or other instruments is guilty of a violation of this section.
The existence of any of the conditions described in the preceding paragraph to any part of the sewer system connected to the building sewer of the owner, is presumptive evidence that the owner whose building sewer is connected to the Authority's sewer, has, with intent to defraud, created or caused to be created the above-noted prohibited acts. The presumption shall not apply to any person furnished with sewer services for less than 31 days.
[Ord. No. 14-89 § 7]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Sections 1-5. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Ord. No. 14-89 § 8]
In addition to the penalties hereinabove provided, if the owner of any property shall fail or refuse to make, after notice thereof, to prevent such unauthorized connection or disconnection to the Authority's sewer, the Borough of South Toms River may proceed to make such connection or disconnection or cause the same to be made and charge and assess the cost thereof against such property owner in the same manner as ad valorem taxes are assessed.