Borough of Moonachie, NJ
Bergen County
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Table of Contents
Table of Contents
Editor's Note: The power of the municipality to supply sewerage service and to regulate the same is provided by N.J.S.A. 40:63-1, et seq.
Prior ordinance history includes prior 1970 Code §§ 12-1 through 12-21 and Ordinance Nos. 226, 72-1, 74-13, 79-17, 80-4, 82-8, 83-2, 87-1, 90-19 and 92-1.
[Ord. #96-10, § I; Ord. #2005-1, § 13-1]
As used in this Chapter.
GARBAGE
Shall mean solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
HOUSE CONNECTION
Shall mean that part of the sewage system extending from the house plumbing system to the house sewer lateral.
HOUSE SEWER LATERAL
Shall mean that part of the sewage system that runs from the sewer main to the curbline and including all necessary fittings.
INDUSTRIAL WASTES
Shall mean the liquid wastes from industrial processes as distinct from sanitary sewage.
MAIN SEWER
Shall mean the sewers laid longitudinally along the centerline or other part of the streets or other rights-of-way and to which all owners of abutting properties have equal rights and which is controlled by public authority.
NATURAL OUTLET
Shall mean any outlet into a watercourse, pond, ditch, lake or other body or surface, or ground water.
PH
Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLUMBING SUBCODE OFFICIAL
Shall mean a person licensed and authorized to inspect plumbing pursuant to the provisions of N.J.S.A. 26:1A-38 to 44 and R.S. 26:3-20.
PLUMBING SYSTEM
Shall mean the sanitary and storm drainage facilities together with their venting systems and plumbing fixtures, the public or private water supply system and the fire protection system within or adjacent to any building, structure or conveyance, to a point of connection to a public or private sewerage system, public or private water supply, or other acceptable terminal.
PROPERLY SHREDDED GARBAGE
Shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
PUBLIC SEWER
Shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
SANITARY SEWAGE
Shall mean that domestic sewage with storm and surface water excluded, such as sewage discharging from the sanitary conveyance of dwellings (including apartment houses and hotels), office and commercial buildings, factories and institutions.
SANITARY SEWER
Shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SEWAGE
Shall mean any liquid wastes containing animal, chemical or vegetable matter in suspension or solution.
SEWAGE TREATMENT PLANT
Shall mean any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
Shall mean all facilities for collection, pumping and disposing of sewage.
SEWER
Shall mean a pipe or conduit for carrying sewage.
SEWER INSPECTOR
Shall mean the Sewer Inspector of the Borough or his authorized deputy, agent or representative.
STORM SEWER OR STORM DRAIN
Shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
SUSPENDED SOLIDS
Shall mean solids that either float on the surface of, or are in suspension in water sewage, or other liquids, and which are removable by laboratory filtering.
WATERCOURSE
Shall mean a channel in which a flow of water occurs, either continuously or intermittently.
[Ord. #96-10, § 1; Ord. #2005-1, § 13-2]
It shall be unlawful for any person to place, deposit or permit to be deposited in an 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, industrial waste, or other objectionable waste.
It shall be unlawful to discharge to any natural outlet within the Borough, or in any area under the jurisdiction of the Borough, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter.
[Ord. #96-10, § I; Ord. #2005-1, § 13-3]
The owner of every house, building or property used for human occupancy, employment, recreation or other purpose, situated within the Borough and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public or sanitary sewer system of the Borough, is required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with subsequent provisions of this Chapter and of the requirements of the Board of Health of the Borough within 180 days after date of official notice requiring such action. In addition, owners of property with buildings thereon in the rear of other properties and not abutting on a street, alley, or right-of-way shall be required to connect into the public sewer in the street, alley or right-of-way to which the property shall have access. As public sewers become available to property served by a private sewage disposal system, a direct connection shall be made to the public sewer pursuant to the terms of this Chapter and the septic tanks, cesspools and similar private sewage facilities shall be abandoned and filled with suitable material.
a. 
Mobile Home Parks. Any structure other than mobile homes within or adjacent to a mobile home park from which sewage is discharged including, but not limited to, houses, stores, laundries and maintenance sheds, shall have a separate water meter installed by the water utility, or if the water utility refuses in writing, by a person licensed to install same, and inspected by the Borough Plumbing Inspector. Each mobile home park operator shall comply with this section not more than 90 days following final passage and publication of Ordinance 2005-1.[1]
[1]
Editor's Note: Ordinance No. 2005-1 was adopted February 24, 2005.
[Ord. #96-10, § I; Ord. #2005-1, § 13-4]
In the administration of this Chapter, the connection from property shall be supervised and administered by the Board of Health and all matters relating to sewers lying within the street, from curb to curb, or from public sewer to curb, shall be within the jurisdiction of the Department of Public Works and the Sewer Inspector.
[Ord. #96-10, § I; Ord. #2005-1, § 13-5]
No unauthorized person shall uncover, make any connections with or openings into, use, alter, or disturb any public sewer or house sewer lateral and the appurtenances thereof. The sewer contractor retained by the Borough, the Sewer Inspector or Department of Public Works shall make all connections, alterations and repairs on the public sewer and shall alter, maintain and repair the house sewer laterals and appurtenances thereof.
[Ord. #96-10, § I; Ord. #2005-1, § 13-6]
Maintenance of the public sewer and house sewer laterals and all connections to the public sewer and all work performed on the sewer system between the main and the curb, shall be performed by the Sewer Inspector, Department of Public Works or by a contractor selected by the Borough. The contractor shall be governed by the terms of the ordinances of the Board of Health and Borough relating to sewer installation and maintenance, and shall comply with plans and specifications of the Borough Engineer and the Sewer Inspector on file with the Borough Clerk. The contractor shall be required to post a performance bond suitable to the Mayor and Council. The amount of work done by the contractor will depend on the number of applications for connections to the public sewer received and accepted by the Borough.
[Ord. #96-10, § I; Ord. #2005-1, § 13-7]
Where there is no house sewer lateral available, the property owner shall apply to the Borough Clerk to have a house sewer lateral installed from the sewer main to the curb. In each such case or in any instance where the connection to the house sewer lateral requires the performance of labor or the furnishing of materials on the part of the Borough, a minimum charge of $79 will be made. Where because of the nature and extent of the work to be done or the pavement or terrain to be penetrated or the width of the road, or such circumstances, the sum of $79 is not sufficient to cover the costs and expenses of the Borough, the working foreman and the Borough Engineer shall fix the fee at a higher figure to fully cover the costs and expenses of such connection or house sewer lateral.
[Ord. #96-10, § I; Ord. #2004-5, § 13-8.1; Ord. #2005-1, § 13-8]
All costs and expenses incident to the installation and connection of the house connection shall be borne by the owner. The owner shall indemnify the Borough from any loss or damage that may directly or indirectly be occasioned by the installation of the house connection.
[Ord. #2004-5, § 13-8.2]
The Mayor and Council hereby declares its intent to regulate and control the flow of any ground or surface waters except sanitary sewer waters into its sanitary sewer system. It is the intent of this section to prevent ground waters, surface waters, and any other waters from directly entering the sanitary system owned by the Borough of Moonachie by means of sump pumps, storm drains or any other devices and to provide penalties for the violations of same.
Whenever it is necessary for a property owner to obtain a Certificate of Occupancy (or a Continued Certificate of Occupancy) and/or there is a transfer of any ownership of any residence or commercial building, the Construction Official shall be required to perform the following duties and acts.
Upon application for a Certificate of Occupancy or a Continued Certificate of Occupancy, the Construction Official shall inspect within 10 days, excluding weekends and holidays, the subject premises in order to determine whether any sump pumps or drains or other mechanical devices are discharging any waters directly into the sanitary sewer system owned by the Borough of Moonachie. In the event that he determines that there is such discharge, no Certificate of Occupancy or Continued Certificate of Occupancy shall be issued to the possessor of said property until said condition is removed. Upon the inspection of such dwelling, the Construction Official shall file an appropriate affidavit indicating that said inspection has been made and shall file same with the Borough Clerk.
[Ord. #2004-5, § 13-8.4; Ord. #2005-9]
The purpose of this subsection is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Moonachie, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
a. 
Definitions. 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. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14a-1.2.
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 storm water) to the municipal separate storm sewer system operated by the Borough of Moonachie, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ014852). 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, manmade channels, or storm drains) that is owned or operated by the Borough of Moonachie or other public body, and is designed and used for collection and conveying storm water.
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, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORM WATER
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.
b. 
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 Moonachie any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than storm water).
c. 
Enforcement. This subsection shall be enforced by the Moonachie Police Department and/or other municipal officials of the Borough of Moonachie.
d. 
Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $1,000.
[Ord. #2004-5, § 13-8.5]
In the event that the owner of real property in the Borough of Moonachie violates any subsection of the section, the Construction Official shall be empowered to give notice to the property owner of the violation of same and the same shall be corrected within 30 days thereof. In the event that the property owner fails to comply with the order of the Construction Official, they shall be determined to be in violation of this section.
[Ord. #2004-5, § 13-8.6]
For the purpose of administering and enforcing this section any duly authorized officer, agent or employee of the Borough shall have the right to enter into and upon any lands for which an application has been filed and may examine and inspect such lands.
[Ord. #2004-5, § 13-8.7]
The Construction Official or Plumbing Official is hereby designated as the enforcement officer.
[Ord. #2004-5, § 13-8.8]
Any person violating any of the provisions of this section shall upon conviction thereof, be subject to a penalty not exceeding $500 or to community service for a period not exceeding 90 days.
[Ord. #96-10, § I; Ord. #2005-1, § 13-9]
Before any portion of the existing plumbing system outside of the house is connected to the house connection, the owner shall prove to the satisfaction of the Plumbing Inspector that it is clean and conforms in every respect to the ordinances of the Board of Health and the ordinances of the Borough, and before any portion of the house connection is connected to the sewer extension, the Plumbing Subcode Official shall be satisfied that the house connection is in good order and conforms in every respect to the requirements for construction thereof.
[Ord. #96-10, § I; Ord. #2005-01, § 13-10]
When installing the house connection, the trenches shall be dug in a careful manner and properly sheathed where required. The excavated materials shall be piled in a compact heap, so placed as to cause the least possible inconvenience to the public. Proper barricades and lights must be maintained around the trench to guard against accidents. Extreme care shall be taken to prevent any dirt, stones or other undesirable materials from entering the public sewer system through the house sewer lateral during these operations.
In backfilling, the material for the two feet immediately over the pipe shall be selected so it contains no stones. All backfill material for the trench shall be placed by tamping in eight inch layers so as to avoid any settlement. When the trench has been filled to the proper height, the surface material shall be replaced and heavily tamped and rolled.
Where the trench is excavated in rock, the rock must be carefully excavated to a depth of six inches below the grade line of the sewer and the trench brought to the proper elevation with gravel or other material satisfactory to the Plumbing Subcode Official. The remainder of the trench must be backfilled with suitable material.
Nothing in this section shall be construed as abrogating any existing requirements of the Borough relating to the excavation and backfilling of trenches, but the requirements herein shall be in addition thereto.
Where subsoil conditions are bad, such special precaution shall be taken to secure a watertight job as may be directed by the Plumbing Subcode Official. In quicksand, all pipes must be laid out on planking, two inches thick by at least six inches wide.
[Ord. #96-10, § I; Ord. #2005-1, § 13-11]
Where connection is made between the portion of the house plumbing system outside of the building and the house connection, a long radius bend shall appropriately be installed at this connection along with a clean-out as required by the plumbing code. This connection shall be subject to the approval of the Plumbing Subcode Official who shall be given ample notice prior to such work.
[Ord. #96-10, § I; Ord. #2005-1, § 13-12]
The Plumbing Subcode Official may apply any appropriate test to the pipes and the plumber and contractor at their own expense shall furnish all necessary tools, labor, materials and assistance for such tests and shall remove or repair any defective materials when so ordered by the Plumbing Subcode Official.
[Ord. #96-10, § I; Ord. #2005-1, § 13-13]
Each contractor or other person performing work on Borough public property for the purpose of installing house connections shall post a bond or cash acceptable to the Department of Public Works or the Sewer Inspector. All work shall be adequately guarded with barricades, lights and other measures for protection to the public from hazard. Streets, sidewalks, parkways, curbs and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Borough.
[Ord. #96-10, § I; Ord. #2005-1, § 13-14.1]
There is hereby established the following schedule of fees and charges in connection with the use, operation, maintenance and construction of the public sewer system in the Borough of Moonachie which is connected to a sewer metering station owned by the Bergen County Utility Authority.
[Ord. #80-4; §§ 1 & 4; Ord. #82-8, § 1; Ord. #83-2, § 1; 1970 Code § 12-14.1; Ord. #87-1, § 1a; Ord. #90-19, § 1; Ord. #92-1, § 1; Ord. No. 2005-1; Ord. #2010-4; Ord. #2013-8]
Each connection for a one-family dwelling unit shall be charged the sum of $300 per year. Where a residence is also used as a professional office the charge shall be 1 1/2 times the base charge of $300 per year. Such charge shall be paid quarterly at the time and place set forth for the payment of real property taxes and shall be prorated to take effect from the date of connection to an operating sewer.
Each mobile home park shall be charged in the sum of $300 per lot-pad, per year, to be paid quarterly at the time and place set forth for the payment of real property taxes.
A two-family dwelling unit shall be charged the sum of $600 per year;
A three-family dwelling unit shall be charged the sum of $900 per year;
A four-family dwelling unit shall be charged the sum of $1,200 per year;
There shall be a charge of $300 for each additional family dwelling unit over and above the four family units.
A dwelling unit shall be defined as a place to be occupied exclusively by a family, having their own cooking and sanitary facilities and further being independent of and not relating to any other dwelling unit in the building. Each charge shall be paid quarterly at the time and place set forth for the payment of real property taxes and shall be prorated to take effect from the date of connection to an operating sewer.
The Borough Council may, from time to time, by resolution, allow a credit to senior citizens, or disabled individuals, which amount shall be subject to periodic increases by resolution.
This subsection of the section shall take effect October 1, 2013 (for 4th quarter 2013 usage) and shall be used to calculate that and all subsequent residential billings.
[Ord. #96-10, § I; Ord. #2005-1, § 13-14.3; Ord. #2007-6; Ord. #2009-7; Ord. #2010-4; Ord. #2013-8]
Each connection for service to a commercial business or industrial establishment shall be charged $104.33 per 1,000 cubic feet or less, as determined from the quarterly water meter reading. However, there shall be a minimum charge of $1,043.32 per year.
This subsection of the section shall take effect with the 4th quarter, 2013 billings (Jul.-Sept. usage) and shall be used to calculate that and all subsequent commercial and industrial billings.
[Ord. #96-10, § I; Ord. #2005-1, § 13-14.4]
Those contributors defined and identified as large industrial users by the Bergen County Utilities Authority shall also be charged a surcharge for actual use of wastewater treatment services for biochemical oxygen demand, and total suspended solids, in accordance with Section 13-21, Sanitary Sewers, Industrial Cost Recovery and User Charge System based upon current annual sewer service rate as determined by the Bergen County Utilities Authority. Surcharge shall be based on excess over Bergen County Utilities Authority criteria for large industrial users.
[Ord. #96-10, § I; Ord. #2005-1, § 13-14.5]
All such charges shall be payable quarterly at the time and place set forth as printed on the bill and shall be prorated to take effect from the date of connection to an operating sewer.
[Ord. #96-10, § I; Ord. #2005-1, § 13-14.6]
Each connection for service to a commercial business or industrial establishment wherein the metered premises is not discharging the entire volume of water into the sanitary sewer system, the user will be allowed a reduction in the charge provided the said user installs facilities satisfactory to the Borough for measuring the volume either discharged or not discharged into the sanitary sewer system.
The Borough may require the installation of facilities for measuring or determining the volume of sewerage discharged into the sanitary sewer system. The Borough may require any customer who is allowing well water or unmetered water from any source to enter the sanitary sewerage system to install facilities for measuring or determining the volume of the water entering the sanitary sewerage system. All meters required by the terms of this section shall be read quarterly by a member of the Department of Public Works.
[1]
Editor's Note: Former subsection 13-14.7, Timing or Scheduling of Biochemical Oxygen Demand and Total Suspended Solids Sampling/Testing, previously codified herein and containing portions of Ordinance No. 96-13, was repealed in its entirety by Ordinance No. 2005-1.
[Ord. #96-10, § I; Ord. #2005-1, § 13-15]
The aforesaid charges for the use of public sewers shall draw the same rate of interest from the date they became due as taxes upon real estate and shall be a lien upon the premises connected until paid and the Borough shall have the same remedies for the collection thereof, with interest, costs and penalties as it has by law for the collection of taxes upon real estate.
[Ord. #96-10, § I; Ord. #2005-1, § 13-16.1]
No person shall discharge or cause to be discharged any storm water, surface water, roof runoff or subsurface drainage into any sanitary sewer.
[Ord. #96-10, § I; Ord. #2005-1, § 13-16.3]
Except as hereinafter provided, no person shall discharge or cause to be discharged to any public sewer any of the following described waters or wastes:
a. 
Any liquid or vapor having a temperature higher than 150° F.
b. 
Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease.
c. 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
d. 
Any garbage that has not been properly shredded.
e. 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstructions to the flow in sewers or other interference with the proper operation of the sewage works.
f. 
Any waters or wastes having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
g. 
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant.
h. 
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such matters at the sewage treatment plant.
i. 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
[Ord. #96-10, § I; Ord. #2005-1, § 13-16.3; Ord. #2009-5; Ord. #2012-1]
Grease, oil and sand interceptors shall be provided when, in the opinion of the Sewer Inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Sewer Inspector, and shall be located so as to be readily and easily accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight.
Every commercial establishment which prepares food for consumption of employees or the public shall have installed a grease interceptor. All such establishments shall comply with this section within 90 days of the effective date of Ordinance 2005-1.[1]
a. 
Definition. As used in this section, the following terms shall have the meanings indicated:
GREASE TRAPS
Shall be given its normal definition in any food industry. A device used to collect oil and grease at the entrance of the wastewater pipe system and preventing the oil and grease from traveling through the wastewater pipes into the waste water system of the Borough. A grease trap must be installed in such a manner as to facilitate easy inspection and cleaning.
MAINTENANCE OF GREASE TRAPS
Shall mean grease traps must be maintained and inspected to ensure that they are never allowed to reach more than 3/4 of their capacity.
MANUFACTURER, PROCESSOR OR DISTRIBUTOR
Shall be given its normal definition in the industry. An establishment includes businesses which manufacture and/or process and/or distribute food and/or food products.
RETAIL FOOD ESTABLISHMENT
Shall be given its normal definition in the industry. A retail food establishment includes retail businesses which process and/or serve food and food products.
b. 
Installation and maintenance of grease traps.
1. 
Grease traps shall be maintained and inspected to ensure efficient operation. Grease traps shall be easily accessible for cleaning and inspection. The grease trap installation shall be in continuous operation at all times.
2. 
Grease trap cleaning shall be done biweekly. A maintenance log including the time, date and signature of the person performing the cleaning shall be kept on the premise and shall be readily available for inspection by the Department of Public Works personnel or Sewer Inspector. If it is determined that the system is not sufficient, the cleaning shall be increased or a larger unit shall be installed. Inspection records shall be maintained for a minimum of period of five years.
3. 
Grease trap additives shall only be used with the approval of the Sewer Inspector or Department of Public Works personnel. All removed material shall be disposed of in accordance with all State, local and Federal regulations. All maintenance logs and manifests shall be maintained on the premises and made available upon request at the time of inspection by the Sewer Inspector or Department of Public Works personnel. These logs and records shall be maintained for a minimum period of five years.
4. 
(a) 
Inspection of Grease Traps. All food establishments must employ at their own expense either a licensed plumbing inspector or a designated Department of Public Works employee to conduct annual inspection of their grease traps and conducting wastewater lines to ensure that waste oil and grease are being adequately removed from the wastewater being discharged into the sewer systems and the wastewater being introduced into the sewer system is less than 140° F. The licensed plumber or the Department of Public Works employee shall provide a formal inspection report to both the food establishment and to Borough Department of Health. This inspection report must contain the inspector's observation with regard to the efficiency of the grease trap, the amount of oil and grease found in the connecting wastewater lines, the percentage of oil and grease being removed from wastewater being discharged into the sewer system, the temperature of the wastewater being discharged into the sewer system and the maintenance and efficiency of the grease trap. The formal inspection shall be submitted within three weeks of the inspection date.
(b) 
Fees. The annual fee for the inspection if performed by Department of Public Works personnel is $150 and shall be paid in advance to the Borough of Moonachie.
(c) 
Date of Inspection. The inspections as to the size, efficacy, temperature and function of the grease trap should be on or before October 15th of the year preceding the food license year.
5. 
The Department of Public Works personnel and Sewer Inspector shall have access to any food establishment to inspect the grease trap not to exceed six visits annually. No establishment can restrict access to the grease trap. If the grease trap records are not accurate or up to date, a fine not to exceed $1,250 may be imposed. The Superintendent of Public Works or his or her designee has the authority to issue a summons, as well as the Sewer Inspector.
6. 
Effective January 1, 2010, no food establishment will be issued a license to operate within the Borough without presenting the plumbing inspection and inspection logs to the Department of Health with the license application.
7. 
An inspection fee, in addition to annual food establishment license fee, shall be imposed upon any food establishment as follows:
(a) 
For each inspection carried out pursuant to a complaint when such inspection results in a determination that said establishment is in violation of the State Sanitary Code or of any municipal ordinance or State and Federal regulation relating thereto.
(b) 
For each reinspection carried out after either a failure of the regular inspection, or failure of an inspection carried out pursuant to a complaint as set forth in this section.
(c) 
There shall be a fee for each inspection in the amount of $100.
8. 
For all new construction or installation, waste disposals and commercial dishwashers shall discharge into grease trap.
[1]
Editor's Note: Ordinance No. 2005-1 was adopted February 24, 2005.
[Ord. #96-10, § I; Ord. #2005-1, § 13-16.4]
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense in continuously efficient operation at all times. Where preliminary treatment facilities are provided for any waters or waste, they shall be maintained continuously in satisfactory and effective operation, by the owner at his expense.
[Ord. #96-10, § I; Ord. #2005-1, § 13-16.5]
In the case of a spillage of any human or animal excrement, garbage, industrial waste, other sanitary sewage or other objectionable waste, the property owner shall immediately on discovering, or being notified of, said spillage, take steps to stop said spillage. As soon as said spillage is stopped, the property owner shall remove said spillage from the affected area, including top soil if necessary and clean any affected area so that no odor is detectable and no residue is visible. No such spillage shall be buried in the area. Containers of such spillage shall be removed from the premises immediately. Penalties for violation of this section shall be:
$100: 1st offense
$500: 2nd offense
$1,000: 3rd and subsequent offenses
Each day or part thereof a spillage is allowed to remain shall constitute a separate offense.
[Ord. #96-10, § 1; Ord. #2005-1, § 13-16.6]
The mobile home parks operator shall file an emergency plan for the repair, cleanup and proper disposal of spillage with the Borough and shall include the name and telephone number of an emergency contractor and a backup contractor available 24 hours a day seven days a week. Said plan shall be subject to the approval of the Borough Health Official, the Borough Engineer, the Borough Sewer Inspector and the Borough Council.
[Ord. #9-10, § I; Ord. #2005-1, § 13-16.7]
When required by the Plumbing Subcode Official, the owner of any property served by a house connection or building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer at a location specified by the Borough Engineer, to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Plumbing Subcode Official. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
[Ord. #96-10, § I; Ord. #96-13, § I; Ord. #2005-1, § 13-16.8]
All measurements, tests and analyses of the characteristics of waters and wastes, to which reference is made in subsection 13-16.2, shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Sewage" published by the American Public Health Association, and shall be determined at the control manhole provided for in subsection 13-16.7 or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
[Ord. #96-10, § I; Ord. #2005-1, § 13-17]
No person shall break, damage, destroy, deface or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest on a charge of disorderly conduct.
[Ord. #96-10, § I; Ord. #2005-1, § 13-18]
The Sewer Inspector, Plumbing Subcode Official and other authorized employees of the Borough bearing proper credentials and identification shall be permitted to enter on all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Chapter.
Decisions of the Sewer Inspector or the Plumbing Subcode Official in the interpretation and application of this Chapter shall be final and binding on the property owner affected. The Sewer Inspector or Plumbing Subcode Official may waive strict compliance with the provisions of this Chapter where such compliance would cause hardship, other than increased financial expense, to the property owner involved.
[Ord. #96-10, § I; Ord. #2005-1, § 13-19]
Any person found to be violating any provision of this Chapter, except subsection 13-16.5 and Section 13-18, shall be served by the Borough with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
[Ord. #96-10, § I; Ord. #2005-1, § 13-20]
Except as noted elsewhere herein any person who shall continue any violation beyond the time limit provided for in Section 13-19 shall on conviction be subject to the General Penalty established in Chapter 1, Section 1-5 of this Code.
Any person violating any of the provisions of this Chapter shall become liable to the Borough for any expense, loss or damage occasioned by the Borough by reason of such violation.
[Ord. #96-10, § I; Ord. #2005-1, § 13-21.1]
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.).
The Bergen County Utilities Authority has enacted rules and regulations, as required by the Federal Clean Water Act incorporating an industrial cost recovery system, a user charge system, and regulations pertaining to the use of sanitary sewers.
The Borough is within the district serviced by the Bergen County Utilities Authority and has contracted with the Bergen County Utilities Authority for the removal and treatment of the wastewater contained within the sanitary sewers of the Borough.
The Borough desires to assure that the sanitary sewers operated and maintained by it will conform to the best sanitary engineering practices and comply with the requirements of the Federal Clean Water Act.
[Ord. #96-10, § I; Ord. #2005-1, § 13-21.2]
The use of all sanitary sewers of the Borough shall be in compliance with the rules and regulations enacted by the Bergen County Utilities Authority.
[Ord. #96-10, § I; Ord. #2005-1, § 13-21.3]
The Borough hereby adopts and enacts the user charge system and industrial cost recovery system contained in the rules and regulations of the Bergen County Utilities Authority, and authorize their immediate implementation by the appropriate municipal official, to be designated by resolution of the governing body.
[Ord. #96-10, § I; Ord. #2005-1, § 13-21.4]
Not fewer than three copies of the rules and regulations of the Bergen County Utilities Authority have been and are filed in the office of the Borough Clerk and are available for public inspection during normal business hours.
[Ord. #96-10, § I; Ord. #2005-1, § 13-21.5]
Copies of the rules and regulations of the Bergen County Utilities Authority can be obtained from the Bergen County Utilities Authority for the cost of publication.
[Ord. #2011-9]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Moonachie so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #2011-9]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section 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 of system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Moonachie or other public body, and is designed and used for collecting and conveying storm water.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. #2011-14]
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on the property unless the storm drain inlet either:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in subsection 13-22.4 below prior to the completion of the project.
[Ord. #2011-14]
Storm drain inlets identified in subsection 13-22.3 above shall comply with the following standard to control passage of solid floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemption to this standard see paragraph c below.
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Example of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
c. 
The standard does not apply:
1. 
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards.
2. 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a) 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply to outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. #2011-14]
This section shall be enforced by the Moonachie Police Department and/or designee of Municipal Stormwater Management Coordinator of the Borough of Moonachie.
[Ord. #2011-14]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $2,000 for each storm drain inlet that is not retrofitted to meet the design standard.
[Ord. #2011-10]
The purpose of this section is to regulate the outdoor application of fertilizer so as to reduce the overall amount of excess nutrients entering waterways, thereby helping to protect and improve surface water quality. This section does not apply to fertilizer application on commercial farms.
[Ord. #2011-10]
Elevated levels of nutrients, particularly phosphorus, in surface water bodies can result in excessive and accelerated growth of algae and aquatic plants (eutrophication). Excessive plant growth can result in diurnal variations and extremes in dissolved oxygen and pH, which, in turn, can be detrimental to aquatic life. As algae and plant materials die off, the decay process creates a further demand on dissolved oxygen levels. The presence of excessive plant matter can also restrict use of the affected water for recreation and water supply.
While healthy vegetated areas are protective of water quality by stabilizing soil and filtering precipitation, when fertilizers are applied to the land surface improperly or in excess of the needs of target vegetation, nutrients can be transported by means of stormwater to nearby waterways, contributing to the problematic growth of excessive aquatic vegetation. Most soils in New Jersey contain sufficient amounts of phosphorus to support adequate root growth for established turf. Over time, it is necessary to replenish available phosphorus, but generally not at the levels commonly applied. Other target vegetation, such as vegetable gardens and agricultural/horticultural plantings, will have a greater need for phosphorus application, as will the repair or establishment of new lawns or cover vegetation. A soils test and fertilizer application recommendation geared to the soil and planting type is the best means to determine the amount of nutrients to apply. Timing and placement of fertilizer application is also critical to avoid transport of nutrients to waterways through stormwater runoff. Fertilizer applied immediately prior to a runoff-producing rainfall, outside the growing season or to impervious surfaces is most likely to be carried away by means of runoff without accomplishing the desired objective of supporting target vegetation growth. Therefore, the management of the type, amount and techniques for fertilizer application is necessary as one tool to protect water resources.
This section does not apply to application of fertilizer on commercial farms but improper application of fertilizer on forms would be problematic as well. Stewardship on the part of commercial farmers is needed to address this potential source of excess nutrient load to water bodies. Commercial farmers are expected to implement best management practices in accordance with conservation management plans or resources conservation plans developed for the farm by the Natural Resource Conservation Service and approved by the Soil Conservation District Board.
[Ord. #2011-10]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section 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.
BUFFER
Shall mean the land area 25 feet in width, adjacent to any water body. (The Department of Environmental Protection believes that 25 feet is the appropriate buffer width to be protective of water quality. However, in situations that warrant additional flexibility, such as where lot sizes are exceptionally small or where the twenty-five foot buffer constitutes the majority of the available property, the municipality may reduce the buffer to 10 feet in width, with the additional requirements that a drop spreader be used for fertilizer application).
COMMERCIAL FARM
Shall mean a farm management unit producing agricultural or horticultural products worth $2,500 or more annually.
FERTILIZER
Shall mean a fertilizer material, mixed fertilizer or any other substance containing one or more recognized plant nutrients, which is used for its plant nutrient content, which is designed for use or claimed to have value in promoting plant growth, and which is sold, offered for sale or intended for sale.
IMPERVIOUS SURFACE
Shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. This term shall be used to include any highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PHOSPHORUS FERTILIZER
Shall mean any fertilizer that contains phosphorus, expressed as P2O5 with a guaranteed analysis of greater than zero; except that it shall not be considered to include animal (including human) or vegetable manures, agricultural liming materials, or wood ashes that have not been amended to increase their nutrient content.
SOILS TESTS
Shall mean a technical analysis of soil conducted by an accredited soil-testing laboratory following the protocol for such a test established by Rutgers Cooperative Research and Extension.
WATERBODY
Shall mean a surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
[Ord. #2011-10]
No person may do any of the following:
a. 
Apply fertilizer when a run off producing rainfall is occurring or predicted and/or when soils are saturated and a potential for fertilizer movement off-site exists.
b. 
Apply fertilizer to an impervious surface. Fertilizer inadvertently applied to an impervious surface must be swept or blown back into the target surface or returned to either its original or another appropriate container for reuse.
c. 
Apply fertilizer within the buffer of any waterbody.
d. 
Apply fertilizer more than 15 days to the start of or at any time after the end of the recognized growing season in Zone 6b (northeastern, central and part of southern New Jersey — March 1 to November 15 as identified by the USDA Plant Hardiness Zones.
[Ord. #2011-10]
No person may do the following:
a. 
Apply phosphorus fertilizer in outdoor areas except as demonstrated to be needed for the specific soils and target vegetation in accordance with a soils test and the associated annual fertilizer recommendation issued by Rutgers Cooperative Research and Extension.
b. 
Exceptions.
1. 
Application of phosphorus fertilizer needed for:
(a) 
Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
(b) 
Re-establishing or repairing a turf area.
2. 
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soils surface, directly to the feeder roots.
3. 
Application of phosphorus fertilizer to residential container plantings, flowerbeds or vegetable garden.
[Ord. #2011-10]
This section shall be enforced by the Moonachie Police Department and/or designee of Municipal Stormwater Management Coordinator of the Borough of Moonachie.
[Ord. #2011-10]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,000 for each storm drain inlet that is not retrofitted to meet the design standards.