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.
Shall mean solid wastes from the preparation, cooking and
dispensing of food, and from the handling, storage and sale of produce.
Shall mean that part of the sewage system extending from
the house plumbing system to the 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.
Shall mean the liquid wastes from industrial processes as
distinct from sanitary sewage.
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.
Shall mean any outlet into a watercourse, pond, ditch, lake
or other body or surface, or ground water.
Shall mean the logarithm of the reciprocal of the weight
of hydrogen ions in grams per liter of solution.
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.
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.
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.
Shall mean a sewer in which all owners of abutting properties
have equal rights, and is controlled by public authority.
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.
Shall mean a sewer which carries sewage and to which storm,
surface and ground waters are not intentionally admitted.
Shall mean any liquid wastes containing animal, chemical
or vegetable matter in suspension or solution.
Shall mean any arrangement of devices and structures used
for treating sewage.
Shall mean all facilities for collection, pumping and disposing
of sewage.
Shall mean a pipe or conduit for carrying sewage.
Shall mean the Sewer Inspector of the Borough or his authorized
deputy, agent or representative.
Shall mean a sewer which carries storm and surface waters
and drainage, but excludes sewage and polluted industrial wastes.
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.
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.
DOMESTIC SEWAGE
ILLICIT CONNECTION
INDUSTRIAL WASTE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NJPDES PERMIT
NON-CONTACT COOLING WATER
PERSON
PROCESS WASTEWATER
STORM WATER
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.
Shall mean waste and wastewater from humans or household
operations.
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.
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)).
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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; 7-22-2021 by Ord. No. 2021-3]
Each connection for a one-family dwelling unit shall be charged
the sum of $315 per year. Where a residence is also used as a professional
office, the charge shall be 1 1/2 times the base charge of $315
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 $315 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 $630
per year;
A three-family dwelling unit shall be charged the sum of $945
per year;
A four-family dwelling unit shall be charged the sum of $1,260
per year;
There shall be a charge of $315 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 January 1,
2022 (for 1st quarter 2022 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; 7-22-2021 by Ord. No. 2021-3; 1-26-2023 by Ord. No. 2023-1]
Each connection for service to a commercial business or industrial
establishment shall be charged $120.51 per 1,000 cubic feet or less,
as determined from the quarterly water meter reading. However, there
shall be a minimum charge of $1,205.04 per year.
This subsection of the section shall take effect with the first
quarter, 2023 billings (October through December 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.
GREASE TRAPS
MAINTENANCE OF GREASE TRAPS
MANUFACTURER, PROCESSOR OR DISTRIBUTOR
RETAIL FOOD ESTABLISHMENT
Definition. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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:
[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:
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.
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).
Shall mean a farm management unit producing agricultural
or horticultural products worth $2,500 or more annually.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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.
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.
[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.
