[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:
a.
Written application for the particular installation or erection has
been made to this Borough or the State Department of Health of New
Jersey;
b.
Fee of $15 has been paid the Borough, which fee shall accompany the
application.
c.
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).
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Section 2-4 — Types of Waste.
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1.
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1. All new individual dwelling units shall make provision for
the disposal of laundry wastes from washing machines.
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2.
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All laundry wastes shall be carried through a septic tank before
entering the disposal bed or seepage pit or disposal trench.
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3.
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Laundry wastes from washing machines may be treated by a separate
septic tank with subsurface absorption device or may be combined with
the sanitary sewage from the building in the same septic tank. If
it is combined with the sanitary sewage, the capacity of the septic
tank shall be increased in accordance with Paragraph 5.1 as follows:
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No. of Bedrooms
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Liquid Capacity of Tank-in Gallons
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|---|---|
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1
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600 gallons
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2
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750 gallons
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3
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900 gallons
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4
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1,000 gallons
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5
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1,250 gallons
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6
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1,500 gallons
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4.
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Seepage pits, disposal trenches or disposal beds serving the
combined sanitary sewage and laundry waste shall provide the combined
required seepage for both sanitary sewage and laundry waste in accordance
with paragraphs 11.2, 12.3 and 13.3.
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5.
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Septic tanks serving a separate laundry waste disposal system
shall have a minimum capacity of 500 gallons and the seepage pit,
disposal trench or disposal beds shall have the required seepage area
as dictated under Sections 11.2, 12.3, and 13.3.
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6.
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This chapter shall in no way affect the amendment requiring
seepage pits, disposal trenches and disposal beds to provide 150%
of the minimum requirements for sanitary sewage wastes under the Chapter
199, P.L. 1954 and "Standards for the Construction of Sewerage Facilities
for Realty Improvements" promulgated by the New Jersey State Department
of Health.
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Section 11.2 Minimum Percolating Area (Individual Dwellings).
The minimum required percolating areas per bedroom shall be determined
from the following table provided that in no event shall:
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1.
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The total bottom trench area be less than 150 square feet for
the disposal trench(es) handling septic tank effluent for each dwelling
unit.
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2.
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The total bottom trench area be less than 80 square feet for
disposal trench(es) handling the separate discharge of laundry wastes
from washing machines for each dwelling unit.
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Percolation Test
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|---|---|---|
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Min. Per Inch
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#1
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#2
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2 Min. or less
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55
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40
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3
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60
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43
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4
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65
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46
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5
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70
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49
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6
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75
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52
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7
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80
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55
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8
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85
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58
|
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9
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90
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61
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|
10
|
95
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64
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11
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100
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67
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12
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105
|
71
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13
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110
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74
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14 Min. or less
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115
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77
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|
15
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120
|
80
|
|
16
|
125
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83
|
|
17
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130
|
97
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|
18
|
135
|
90
|
|
19
|
140
|
93
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|
20
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145
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96
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21-25
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170
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112
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26-30
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190
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128
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31-35
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215
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144
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36-40
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240
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160
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Over 40
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Not Acceptable
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Column 1. Requirements for Minimum Bottom Trench Area in square
feet per bedroom for septic tank effluent disposal.
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Column 2. Requirements for Minimum Bottom Trench Area in square
feet per bedroom for laundry waste disposal into separate system.
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Section 12.3 Minimum Percolating Area (Individual Dwellings).
The minimum required percolating area per bedroom shall be determined
from the following table provided that in no event shall:
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1.
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The total bottom area be less than 180 square feet from the
disposal bed handling septic tank effluent for each dwelling unit.
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2.
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The total bottom area be less than 94 square feet for the disposal
bed handling the separate discharge of laundry wastes from washing
machines in each dwelling unit.
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Percolation Test
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|---|---|---|
|
Min. Per Inch
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#1
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#2
|
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2 Min. or less
|
70
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47
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|
3
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77
|
51
|
|
4
|
82
|
55
|
|
5
|
88
|
58
|
|
6
|
94
|
62
|
|
7
|
99
|
66
|
|
8
|
106
|
70
|
|
9
|
110
|
74
|
|
10
|
115
|
77
|
|
11
|
121
|
81
|
|
12
|
127
|
85
|
|
13
|
133
|
89
|
|
14 Min. or less
|
139
|
92
|
|
15
|
144
|
96
|
|
16
|
150
|
100
|
|
17
|
156
|
104
|
|
18
|
162
|
108
|
|
19
|
167
|
112
|
|
20
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173
|
115
|
|
21-25
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202
|
134
|
|
26-30
|
231
|
154
|
|
31-35
|
259
|
173
|
|
36-40
|
288
|
192
|
|
Over 40
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Not Acceptable
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Column 1. Requirements for minimum bottom area in square feet
per bedroom for septic tank effluent disposal.
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Column 2. Requirements for minimum bottom area in square feet
for laundry waste disposal into separate system.
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Section 13-3. Minimum Percolating Area (Individual Dwellings). The minimum required percolating area shall be determined from the following table provided that in no event shall:
| |
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1.
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The area be less than 100 square feet for the seepage pit handling
septic tank effluent for each dwelling unit.
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2.
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The area be less than 60 square feet for the seepage pit handling
the separate discharge of laundry wastes from washing machine in each
dwelling unit.
|
|
Percolation Test
| ||
|---|---|---|
|
Min. Per Inch
|
#1
|
#2
|
|
2 Min. or less
|
44
|
30
|
|
3
|
48
|
32
|
|
4
|
51
|
35
|
|
5
|
55
|
37
|
|
6
|
58
|
39
|
|
7
|
62
|
41
|
|
8
|
66
|
44
|
|
9
|
69
|
46
|
|
10
|
72
|
48
|
|
11
|
75
|
50
|
|
12
|
79
|
53
|
|
13
|
83
|
56
|
|
14 Min. or less
|
87
|
58
|
|
15
|
90
|
60
|
|
16
|
94
|
62
|
|
17
|
98
|
65
|
|
18
|
101
|
68
|
|
19
|
104
|
70
|
|
20
|
108
|
72
|
|
21-25
|
126
|
84
|
|
26-30
|
144
|
96
|
|
31-35
|
162
|
108
|
|
36-40
|
180
|
120
|
|
Over 40
|
Not Acceptable
| |
|
Column 1. Requirements for percolating area in square feet per
bedroom for septic tank effluent disposal.
|
|
Column 2. Requirements for percolating area in square feet per
bedroom for laundry waste disposal into separate system.
|
[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.
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
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.
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.
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.
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]
a.
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.
b.
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.
c.
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.
d.
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:
1.
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
2.
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.
e.
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.
