Borough of Jamesburg, NJ
Middlesex County
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Table of Contents
Table of Contents
Editor's Note: The authority to provide and regulate sewer systems is provided by N.J.S.A. 40:63-1.
[1982 Code § 11-1]
The construction, extension and alteration of all sewer connections with the sewerage system of the Borough shall be subject to control and regulation by the Borough Council.
[1982 Code § 11-2]
As used in this chapter:
SEWER CONNECTION
Shall mean a connection made with the sanitary sewer system of the Borough from the sewer line to a point within six feet from the foundation wall of the building.
SEWERAGE SYSTEM
Shall mean the public sewers on any section, addition or extension thereof.
[1982 Code § 11-3.1]
a. 
After official notification by the Borough Council of the completion of the sewerage disposal plant and the sewerage system of the Borough, or of any extension or alteration thereof, all buildings in the area served by the sewerage system shall be connected therewith in the manner hereinafter provided, and all slopes, filthy water, liquid waste and spent water of every description, except it be of such a nature as hereinafter specifically prohibited, shall be discharged into the sewer connection emptying directly into the sewerage system.
b. 
Within six months from the date of the official notification hereinbefore referred to and within such time and in such manner, and under such inspection as the Borough Council shall prescribe, the owner of any existing building in the area served by the sewerage system shall cause such building to be connected with the sewerage system, and the use of any cesspool, privy vault or septic tank on the premises shall be discontinued and disconnected. Such cesspool, privy vault or septic tank shall be thoroughly cleaned, disinfected and refilled with fresh earth, to the satisfaction of the Inspector of Sewers of the Borough.
[1982 Code § 11-3.2]
It shall be unlawful for any person to:
a. 
Discharge or cause to be discharged into the sewerage system, directly or indirectly, any groundwater, surfacewater or rainwater, or any water from cellar floors or water leaders.
b. 
Discharge or cause to be discharged into the sewerage system, directly or indirectly, any overflow or drainage from manure pits, cesspools or other receptacles storing or constructed to store organic wastes.
c. 
Connect or cause to be connected with the sewerage system, directly or indirectly, any steam-exhaust, boiler blow-offs, sediment-drips, or any pipes carrying or constructed to carry hot water, acids, germicides, grease, brewery mash, gasoline, naphtha, benzine, oil or any other substance detrimental to or deemed by the Borough Council detrimental to the sewers or to the operation of the sewerage system or sewerage treatment works.
d. 
Deposit, or allow to be deposited, in any fixture, vessel, receptacle, inlet or opening connected directly or indirectly, with the sewerage system, any garbage, vegetable parings, ashes, cinders, rags, or any other matter or anything whatever, except feces, urine, necessary toilet paper and liquid house slops.
e. 
Allow any house sewer connected with the sewerage system to be also connected with any privy vault or cesspool or underground drain, or with any channel conveying water or filth, except such soil pipes and other plumbing works as shall have been duly inspected and approved by the Inspector of Sewers.
[1982 Code § 11-3.3]
The Borough Council may at any time, in its discretion, stop and prevent the discharge into the sewerage system of any substance deemed by it likely to damage the sewerage system, or to interfere with its normal operation, or to obstruct the flow, or to hinder any process of sewage, purification; and it may, at any time, in its discretion, without notice and without recourse, sever the connection and cause the removal of any tributary sewer or drain through which such detrimental substances are discharged.
[1982 Code § 11-4.1]
Each building in the area served by the sewerage system shall be connected separately and independently with the sewerage system through the sewer connection directly opposite the building or nearest the downstream direction. Groupings of buildings on one house sewer shall be prohibited, unless special permission of the Borough Council is given for good sanitary reasons.
[1982 Code § 11-4.2]
A permit shall first be obtained from the Inspector of Sewers in order to:
a. 
Make any connection.
b. 
Uncover any portion of the sewerage system or drains or the connection branches thereof, or to open any manhole or flush tank, excepting under a permit signed by the Inspector of Sewers.
c. 
Open any highway or public ground for the purpose of making any sewer connection or to break, cut or remove any pipe of the sewerage system, or to make or cause to be made any connection with the sewerage system without first obtaining a permit from the Inspector of Sewers, and subject to his approval and supervision.
[1982 Code §§ 11-4.3, 17-3.4; Ord. No. 14-92; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
Fees for the installation of a sewer connection and sewer hook-up charges shall be as set forth in the Borough Fee Schedule Ordinance on file in the office of the Borough Clerk.
[Ord. No. 2-98; Ord. No. 4-99 § 1; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
ENGINEERING INSPECTION
Shall be submitted with application. Unused portion of fee is to be returned to applicant at completion of work and settlement of billing. The fee shall be as set forth in the Borough Fee Schedule Ordinance on file in the office of the Borough Clerk.
[1982 Code § 11-4.4]
No sewer connection, as herein defined, shall be made except by a person holding a plumber's license issued by the Borough.
The Inspector of Sewers shall be notified at least 24 hours before the beginning of any work upon sewer connections.
[1982 Code § 11-4.5]
a. 
No sewer connection shall be opened, pipe laid or joints made without inspection and approval of the Inspector of Sewers.
b. 
No trench shall be filled or any part of pipe or fitting covered until notice has been given to the Inspector of Sewers that the work is ready for inspection, and such inspection is made. Inspection shall be made as soon as practicable after the receipt of notice by the Inspector of Sewers. The Inspector shall have the power to apply any proper tests to the pipe or fittings; the owner or contractor doing the work shall furnish all necessary tools and labor for such test, and shall remove any defective materials or repair any work improperly done as the Inspector of Sewers shall direct.
c. 
No house traps or running traps shall be used without a written permit signed by the Inspector of Sewers.
[1982 Code § 11-4.6]
a. 
Whenever it is necessary to carry the trench containing such sewer connection under any stone, tar or cement sidewalk or street, no portion of the surface of the sidewalk or street shall be disturbed or removed. The trench shall be carried underneath, and the under portion of the walk or street supported in such manner as to render such walk or street safe for public use. All such supporting material under the walk or street shall be so placed as to prevent the sagging or falling of the walk or street or damage thereto.
b. 
In such places where the Inspector of Sewers is of the opinion that is shall not be possible to comply with this regulation, the Borough Council may, in writing, permit the surface of any such walk or street to be removed. In such cases the surface of such walk or street shall be relaid by the party to whom the permission is granted within 30 days from the date of permit.
[1982 Code § 11-5.1]
In the event the owner or owners of any properties affected by the construction of the sewerage system should neglect, after notice given as hereinafter provided, to make any sewer connection as directed and required in the manner prescribed by law, the Borough Council shall cause such connection or installation to be made under the direction and supervision of the proper officer of the Borough, or award one or more contracts for making such connection or installation.
[1982 Code § 11-5.2]
Before proceeding to make any such connection or installation or awarding any contract for the making thereof, the Borough Council shall cause notice of such contemplated connection or installation to be given to the owner or owners of any properties affected, sufficiently definite in terms to identify the same, as well as a description of the required connection or installation, and notice that unless such connection or installation is completed within 30 days after the service thereof, the Borough Council shall have such connection made, or cause it to be done, pursuant to law. Such notice may be served upon the owner or owners resident in the Borough in person, or by leaving such notice at their usual place of residence with a member of their family above the age of 14 years. In case any such owner shall not reside in the Borough, such notice may be served upon him personally or mailed to his last known post office address, or it may be served upon the occupant of the property or upon the agent of the owner in charge thereof. In case the owner of any such property is unknown or service cannot, for any reason be made as above directed, notice thereof shall be published at least once, not less than 30 days before the making of such connection by the Borough Council, in a newspaper circulating in the Borough. There may be inserted in the advertisement, notice to the owner or owners of several different properties. Notice to infant owners or owners of unsound mind shall be served upon their guardians. When lands are held in trust, service shall be made by the trustee. When properties are held by two or more joint tenants by the entirety, service upon one of such owners shall be sufficient, and shall be deemed and taken as notice to all. Proof of service of such notice shall be filed within 10 days thereafter with the Tax Collector, but failure to file notice shall not invalidate the proceedings if service had actually been made as herein provided.
[1982 Code § 11-5.3]
When any sewer connection shall be made as herein provided, a true and accurate account of the cost and expense shall be kept and apportioned to the property or properties thereby connected with the sewers, and a true statement of such cost under oath or affirmation shall be forthwith filed with the Inspector of Sewers by the officer of the Borough in charge of such connection. The Borough Council shall examine the statement, and if it be properly made, shall confirm the same and file it with the Tax Collector. The Tax Collector shall record the sewer connection charge in the same book in which are recorded sidewalk and other assessments.
Every such sewer connection charge shall bear interest and penalties to be determined in the same manner as assessments for local improvements, and the Borough Council may provide for the payment of the sewer connection charge in installments not exceeding four annual installments. From the time of confirmation such connection charge shall be a first or paramount lien against the respective property or properties so connected with the sewer to the same extent as assessments for local improvements, and shall be collected and enforced in the same manner, and every officer charged with the enforcement and collection of assessments for local improvements shall be charged with the same duties in regard to the collection and enforcement of all charges for sewer connections. No such charge for a sewer connection shall be invalid by reason of any error or omission in stating the name of the owner or owners or properties affected by such sewer connections, nor for any other informality where such property or real estate has actually been improved by such sewer connection as aforesaid.
[1982 Code § 11-5.4]
The Borough Council may award contracts for the construction of such sewer connections in the same manner and after the same advertising as in the case of other contracts, and may, in lieu of awarding separate contracts for the making of such sewer connections, award a contract to the lowest responsible bidder for making all such sewer connections which the Borough may desire.
[1982 Code § 11-6; Ord. No. 17-94; New]
Any person who violates any provision of this chapter or discharges wastewater which causes pollution or who violates any cease and desist order, prohibition, effluent limitation, national standard or performance, pretreatment or toxicity standard shall, upon conviction in Municipal Court, be liable for the penalty stated in Chapter 1, Section 1-5. The Borough Attorney, upon order of the Borough shall petition the Superior Court to impose, assess and recover such sums not subject to Municipal Court Jurisdiction.
[Ord. 12-26-84 § 1]
A sewer utility is hereby established in and for the Borough of Jamesburg which sewer utility shall be under the control of the Borough Council.
[Ord. 12-26-84 § 2]
All future revenue and accounting therefor from the sewer utility shall be on a dedicated utility basis in conformity with N.J.S.A. 40A:4-33 and all monies derived from the operation of the water utility and any other monies applicable to its support shall be segregated and kept in a separate fund which shall be known as Sewer Utility Fund and all disbursements for the operation and maintenance of the sewer utility shall be taken from the Sewer Utility Fund.
[Ord. 12-26-84 § 3]
In all future budgets there shall be provided appropriations for operating expenses, capital improvements, debt service for the payment of all sanitary sewer bond, principal and interest and all other deferred charges and statutory expenditures as may be required.
The sewer use ordinance is adopted in accordance with the requirements of the Federal Water Pollution Control Act Amendments of 1972, PL 95-500 and the Clean Water Act of 1977, PL 95-217; more specifically, the requirements contained in subpart E of 40 CFR Part 35.935.16 as well as the intermunicipal agreement dated June 30, 1976, as amended, executed between the Borough and the Monroe Township Municipal Utilities Authority.
As used in this section:
BOD (BIOCHEMICAL OXYGEN DEMAND)
Shall mean the quantity of oxygen, expressed in milligrams per liter (mg/l) utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C. The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Wastewater.
BOROUGH
Shall mean the Borough of Jamesburg.
BUILDING DRAIN
Shall mean that part of the lowest piping of a drainage system which receives the discharge from soil, waste and other drainage pipes, excluding sump pumps, inside the walls of the building or structures and conveys it to the building sewer.
BUILDING SEWER
Shall mean that part of horizontal drainage system beginning six feet from the foundation of the building or structure wall which receives the discharge from the building drain and conveys it to the local collection system.
CHLORINE DEMAND
Shall mean the difference between the amount of chlorine added to water, sewage or industrial wastes and the amount of residual chlorine remaining at the end of the twenty-minute contact period at room temperature, as set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater.
COD (CHEMICAL OXYGEN DEMAND)
Shall mean the quantity of oxygen required to chemically oxidize material waste by dichromate acid solution expressed in milligrams per liter (mg/l). Measurement shall be as set forth in the latest edition of Standard Methods for Examination of Water and Wastewater.
COMPANY
Shall mean any private corporation formed under the Laws of the State of New Jersey or any other State.
CONNECTION UNIT
Shall mean each individual building or structure, whether constructed as a detached unit or as one of a pair or row, which is designated or adaptable to separate ownership or occupancy.
ENGINEER
Shall mean the Borough Engineer.
GARBAGE
Shall mean solid wastes resulting from preparation, cooking, and dispensing of food and from handling, storage and sale of produce.
GOVERNMENT
Shall mean the United States of America or any department or agency thereof.
HEALTH DEPARTMENT
Shall mean the Health Department of the Borough.
IMPROVED PROPERTY
Shall mean any property within a sewered area upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL WASTES
Shall mean the liquid wastes from industrial manufacturing processes, as defined in the 1972 Edition of the Standard Industrial Classification Manual as distinct from sanitary sewage.
LOCAL COLLECTION SYSTEM OR LOCAL SEWERAGE SYSTEM
Shall mean the sanitary sewerage system of the Borough which is or may be connected to the Monroe Township Municipal Utilities Authority Sewerage System, including any extensions or enlargements of such systems and which carries wastewater and to which storm, surface, and groundwaters are not intentionally admitted.
MAIN
Shall mean the Borough owned piping and appurtenances in or along public highways, streets or easements used for the collection of domestic sewage of industrial wastes from its users and to which storm, surface and ground water are not intentionally admitted.
MCUA
Shall mean the Middlesex County Utility Authority.
MG/L
Shall mean milligrams per liter.
MTMUA
Shall mean the Monroe Township Municipal Utilities Authority.
MTMUA SEWERAGE SYSTEM
Shall mean the facilities and all other sewers, conduits, pipelines, mains, pumping and ventilating stations, sewage treatment and disposal systems, plants, and works, connections and outfalls, and all other plants, structures, equipment, boats, conveyances and other real and tangible personal property, and all renewals or replacements of any of the foregoing, acquired, constructed or operated or to be acquired, constructed or operated by the MTMUA, but does not include the public sewage collection or disposal system or facilities of the Borough.
PERSON
Shall mean any individual, association or corporation, or any government agency.
PH
Shall mean the logarithm of reciprocal or the weight of hydrogen ions, expressed in grams per liter of solution, and indicates the degree of acidity or alkalinity of a substance or wastewater.
PPM
Shall mean parts per million.
PRETREATMENT
Shall mean any sewage treatment process or processes that are required to produce a discharge to the MTMUA Sewerage System or local sewerage system that will conform to any standards promulgated by the U.S. Environmental Protection Agency or the New Jersey State Department of Environmental Protection.
SANITARY SEWAGE
Shall mean the liquid wastes discharged from residences, buildings, institutions, industrial establishments, together with such groundwater infiltration, surface water admixtures or other wastes as may be present, but from which industrial wastes have been excluded.
SERVICE AREA
Shall mean the area of the Borough of Jamesburg which discharges sewage to the MTMUA system.
SERVICE CONTRACT
Shall mean the intermunicipal agreement between the Borough and the MTMUA dated June 30, 1976 and any amendments thereto.
SEWAGE OR WASTEWATER
Shall mean industrial wastes and sanitary sewage discharged from residences, buildings, institutions, industrial establishments, or other places together with such groundwater infiltration, storm water, surface waters, admixtures or other wastes as may be inadvertently present.
SEWER CONNECTION
Shall mean a connection with the local sewerage system from the main to a point within six feet from the foundation wall of the building.
SLUG
Shall mean the discharge of any wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four hour concentration of flows during normal operation.
SURCHARGE
Shall mean the additional charge that will be levied against a user discharging wastewater whose BOD, suspended solids or chlorine demand are in excess of any of the allowable limits set forth in subsection 15-12.3 and 15-12.4 or which contain constituents in concentrations for which the MTMUA has determined that an additional charge is required for their treatment.
SUSPENDED SOLIDS
Shall mean all solids that either float on the surface of or are in suspension in water, wastewater, or other liquids and which are removable by laboratory filtration. The standard procedure shall be that found in the latest edition of Standard Method for the Examination of Water and Wastewater; ASTM Standards, Part 23, Water; Atmospheric Analysis (1972); EPA Methods for Chemical Analysis of Water and Wastes, (1971).
TREATMENT PLANT
Shall mean the MCUA Wastewater Treatment Facility and any necessary or desirable renewals, replacements, alterations, extensions, enlargements or betterment thereof, whether located on the site or elsewhere used for treating sewage.
USER
Shall mean the person applying for sewage service at one household or business, whether owner or authorized agent, and who enters into an agreement therefor.
a. 
Exemptions. Unless specifically exempted by the Borough, each user must be connected to the local sewerage system.
b. 
Application for New Installation or Excavation of Existing Sewage Service. Written application, signed at the Borough office by the property owner or his duly authorized agent is required before new installation or excavation of existing sewage service. Sewage service will be furnished upon written application signed by both the proper owner and tenant, if any. Blank forms for all applications will be furnished by the Borough and all applications must receive the approval of the Plumbing Subcode Official before connection is made.
c. 
Payment. No application for service will be accepted by the Borough unless the user has paid or made satisfactory arrangements to pay all arrears and charges due from the user at any premises now or heretofore owned by the user.
d. 
Contract. The accepted application shall constitute a contract between the Borough and the user (whether owner or tenant) and owner, if not the user, obliging the user and the owner, if not the user, to pay the Borough its service charges as established, and to comply with the conditions of this section.
e. 
Conditions. Applications for service connections will be accepted, subject to there being a portion of the local sewerage system in streets or rights-of-way abutting the premises to be served.
f. 
Liability. When a prospective customer has made application for a new service, or has applied for the reinstatement of any existing service, it is assumed that the piping and fixtures on the applicant's premises are in good condition, and the Borough will not be liable in any event, for any accident, breaks, or leakage arising in any way in connection with the supply of sewage service.
g. 
Prior Notification Required. Prior written approval shall be obtained from the Borough and MTMUA in order to discharge in the sewerage system, wastes containing any of the following:
1. 
A five day BOD greater than 200 mg/l.
2. 
A suspended solids content greater than 200 mg/l.
3. 
A chlorine demand greater than 15 mg/l.
4. 
Any quantity of substances as described in subsection 15-12.4.
h. 
Industrial or Commercial Applications. Applications submitted by industrial and commercial establishments, for sanitary sewage service, in addition to making written application for such service, shall furnish a detailed description of the type and size of buildings, the nature of the business to be conducted in each structure, the number and type of fixtures to be served, the type, volume and chemical characteristics of the waste to be discharged. Such applicants shall also furnish four copies of plans showing:
1. 
The boundaries of the property.
2. 
The location within the property of the structures to be served.
3. 
The location and profile with respect to finished grade of the services.
4. 
Details of the proposed connection(s) to the sewerage system, and arrangement and details of meter installation, if required.
i. 
Conditions of Renewed Service. Service will be renewed under proper application, when the conditions under which such service was discontinued are corrected, and upon the payment of all charges provided in this section to the Borough.
j. 
Connection to Previously Installed Service. Where a sewer connection has been previously installed and service is desired, a proper application shall be signed by the owner and the tenant, if applicable.
k. 
Charges. Sewer service charges are payable to the Borough in accordance with a schedule of fees to be enacted by the Borough and subsection 15-12.11.
l. 
Extension to the Local Collection System. All proposed extensions to the local collection system shall be approved by the Borough Engineer and endorsed by the Borough Council. Design and construction shall be in accordance with the New Jersey Department of Environmental Protection's Rules and Regulations of the Preparation and Submission of Plans for Sewer Systems and Wastewater Treatment Plants, latest revisions, and subsection 28-18.4.
When required, a New Jersey Department of Environmental Protection sewer extension construction permit will be obtained prior to beginning construction. An operating permit will be obtained prior to beginning operation.
m. 
New Significant Industrial User. Any new significant industrial user, (SIU), as defined by N.J.A.C. 7:14A-1 et seq., shall obtain a NJPDES/SUI permit prior to commencing discharge into the Borough's local collection system.
n. 
Exemptions to Required Connection. Exemptions to the required connection to the local collection system may be granted to the Borough Council when the use to be served is not within 400 feet of the sanitary sewer main and a suitable septic tank or other individual sewage disposal system could be approved by the local Board of Health in accordance with all applicable State requirements. At such time as the local collection system becomes available to a property served by an individual collection disposal system, a direct connection shall be made to the system in accordance with the requirements of this section.
a. 
Description. No person shall discharge or permit to be discharged into the local sewerage system any of the following:
1. 
Any unpolluted waters such as storm water, groundwater, foundation/cellar drains, roof runoff, subsurface drainage or discharge from a sump pump, culling water, surface water and unpolluted industrial process water.
2. 
Any liquid or vapor having a temperature higher than 150° F. (65° C.).
3. 
Any water or waste which may contain soluble oil or grease or any water containing floatable fats, oils, greases or other substance in sufficient concentrations that might solidify and or cause to solidify or become viscous at temperatures between 32° F. and 150° F. (0° and 65° C.).
4. 
Any gasoline, benzine, naphtha, alcohol, tar, fuel oil, motor oil, mineral spirits, commercial solvent or other flammable or explosive liquid, solid or gas.
5. 
Any ashes, cinders, stones, sand, mud, straw, shavings, sawdust, metal, sticks, rags, feathers, plastics, glass, rubber, offal, entrails, blood, hair and fleshing, wood, paunch manure, lime residues, paint or ink residues, cannery waste bulk solids, unshredded garbage, antibiotic wastes, free mineral acid, concentrated pickling wastes or plating solutions or any other solid or viscous substance capable of causing obstruction to the flow or other interference with the proper operation of the local and/or MTMUA sewage systems.
6. 
Any water or wastes containing toxic or poisonous substances in such concentrations either singly or by interaction with other wastes as to constitute a hazard to humans or animals, or to interfere with any sewage treatment process, or to create any hazard in the receiving waters of the sewage treatment plant.
7. 
Wastes which will cause corrosive structural damage to the local and/or MTMUA sewage systems.
8. 
Any noxious or malodorous gas or substance, capable of creating a public nuisance or hazard to life or preventing entry into sewers for their maintenance, inspection, and repair.
9. 
Any waters containing quantities of radium, naturally occurring or artificially produced radioisotopes in excess of presently existing or subsequently accepted limits for drinking water as established by the National Committee on Radiation Protection and Measuring, or applicable State or Federal regulations.
10. 
The following fixed upper limits of acceptable quantity (concentration) and characteristics of material shall apply:
Material
Concentration, mg/l
Arsenic
0.1
Cadmium
1.0
Hexavalent Chromium
1.0
Copper
1.0
Cyanide
0.2
Fluorides
5.0
Iron (total)
5.0
Lead
0.3
Nickel
1.0
Tin
1.0
Zinc
1.0
Characteristics
Limitation
Temperature
150° F.
pH-Allowable Range
5.5 to 8.5
Biochemical Oxygen Demand
200 mg/l
Suspended Solids, Maximum
250 mg/l
Chlorine Demand, Maximum
15 mg/l
The above listed concentrations and characteristics may be altered by the Borough as required by regulatory agencies, treatment or re-use requirements or in the event of cumulative overload of the system.
11. 
Any waters containing suspended solids of such character and quantity that unusual provisions, attention or expense is required to handle such material at the sewage treatment plant.
12. 
Wastes at a flow rate and or pollutant discharge rate which is excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency, constituting a slug as defined herein.
13. 
Any concentrated dye wastes, spent tanning solutions, or other wastes which are highly colored, or wastes which are of unusual volume, concentration of solids or composition that may create obstruction to the flow in sewers or other interference with the proper operation of the systems of the quality of the effluent from the system.
14. 
Any discharges containing pollutants listed in the New Jersey Administrative Code, Section 7:26-8.1 et seq.
b. 
Options. If any wastewaters are discharged, or are proposed to be discharged into the local collection system which contain the substances or possess the characteristics in excess of the concentration of limitations specified in Section 15-12.4a, and which in the judgment of the Borough or the MTMUA, may have a deleterious effect upon the local collection system or the MTMUA sewage system, receiving waters, life, or constitutes public nuisance, the Borough or MTMUA will exercise one or more of the following options:
1. 
Reject the wastes.
2. 
Require a pretreatment to an acceptable condition for discharge to the receiving sewage systems.
3. 
Require control over the quantities and rates of discharge.
4. 
Charge a surcharge for those quantities over and above the maximum levels defined herein, pursuant to subsection 15-12.11.
a. 
Required. Pretreatment will be required for all industrial wastes discharged by major industries as defined in Title 40 of the Code of Federal Regulations, for which pretreatment standards or other requirements have been promulgated by the U.S. Environmental Protection Agency in accordance with Section 307 of the Federal Water Pollution Control Act Amendments of 1972; for any discharge requirements developed by the New Jersey State Department of Environmental Protection; or which in the judgment of the Borough may have deleterious effect upon the local sewage system, receiving water, or life; or which in the judgment of the MTMUA may have deleterious effect upon their respective systems.
b. 
Reasons for Pretreatment. Pretreatment of industrial wastes as may be necessary to:
1. 
Reduce five day BOD to 200 mg/l, suspended solids to 250 mg/l, chlorine demand to 15 mg/l.
2. 
Reduce objectionable characteristics or constituents to conform to the maximum limits permitted in this section.
3. 
Ensure equalization of discharge over twenty-four-hour period to prevent overloading of Borough MTMUA or MCUA treatment or conveyance facilities.
c. 
Metering and Sampling. Whenever necessary, in the opinion of the Borough or MTMUA, a suitable meter chamber and appurtenances for observations, metering and sampling of waste material shall be provided at the user's expense.
d. 
Review and Approval. If the MTMUA requires pretreatment or flow equalization of industrial wastes which are ultimately to be discharged into their systems, such facilities shall require review and approval by the MTMUA prior to their construction.
e. 
Required Construction and Maintenance. Where pretreatment or flow-equalization facilities are required, they shall be constructed and continuously maintained in satisfactory and effective operation by the user at it's expense.
f. 
Regulation of Construction. In such instances where it is agreed that the industrial waste will be received following preliminary treatment, drawings and specifications shall be submitted for approval, showing all pertinent details of the construction proposed to accomplish the pretreatment, to include details of the indicator-recorder-register type of flow meter, and housing to be used, to meter the flow of industrial wastes, and also details of the control manhole to be constructed on the industrial wastes connection within the sidewalk area. The control manhole shall be provided with adequate access manhole covers of approved type, through which access shall be possible to Borough and MTMUA personnel at all times. Drawings, specifications, reports, etc., shall be submitted in quadruplicate and shall be prepared by a registered professional engineer to the State of New Jersey who shall possess expertise in industrial waste treatment and disposal design.
a. 
Filing for Use of System. All persons desiring to discharge industrial wastes must file with the Borough and the MTMUA a complete physical and chemical analysis of the wastes proposed to be discharged into the system. This information shall be filed in accordance with the instructions outlined in EPA Form 5700-11A (7-73) National Pollutant Discharge Elimination System, Application for Permit to Discharge Wastewater, Supplementary Instructions — for standard Form A — Municipal as revised.
b. 
Reporting. All industries, as defined in subsection 15-12.5a, and other industries as deemed necessary by the Borough and the MTMUA discharging industrial wastes into the system shall semi-annually file with the Borough and the MTMUA a report on the constituents and characteristics of their industrial waste [EPA Form 765400-22A (7-73), page IV-1]. Each industry shall maintain a permanent record of all reports and data furnished.
c. 
Notification of Change. Any industry which is connected to the local collection system, and is discharging industrial wastes thereto, which shall change its method of operation so as to alter the type of wastes previously discharged, shall notify the Borough, the MTMUA and the MCUA at least 15 days prior to such change, in order that their respective representatives can sample and determine whether or not the new waste can be accepted.
d. 
Right to Inspect, Test, Analyses. Representatives of the MTMUA, MCUA, State of New Jersey, Department of Environmental Protection, Federal Environmental Protection Agency, and the Borough shall have the right to enter all properties of the contributing industry for the purpose of inspection, observation, measurement, sampling and testing.
e. 
Testing Standards. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made herein shall be determined in accordance with the analytical methods described in Title 40, Code of Federal Regulations and shall be determined at the control manhole provided for above. 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 provided that there is no dilution of the wastewater at this location.
a. 
Cease and Desist. When the Borough finds that a discharge of wastewater has taken place in violation of prohibitions or limitations of this section the Borough may issue an order to cease and desist, and direct those persons not complying with such prohibitions, limits, requirements, or provisions to:
1. 
Comply forthwith.
2. 
Comply in accordance with a time schedule set forth by the Borough.
3. 
Take appropriate remedial or preventative action in the event of a threatened violation.
4. 
Discontinue service.
b. 
Schedule of Specific Actions. When the Borough finds that a discharge of wastewater has been taking place in violation of prohibitions or limitations prescribed in this section or wastewater source control requirements, effluent limitations or pretreatment standards, the Borough may require the user to submit for approval with such modification as it deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of requirements.
c. 
Right of Appeal. Any user affected by any decision, action or determination, including cease and desist orders, made by the Borough, interpreting or implementing the provision of this section or in any permit issued herein, may file with the Mayor and Council of the Borough, a written request for reconsideration within 10 days of such decision, action or determination, setting forth, in detail, the facts supporting the user's request for reconsideration.
d. 
Violation a Public Nuisance. Discharges of wastewater in any manner in violation of this section or any order issued by the MTMUA is hereby declared a public nuisance and shall be corrected or abated as directed by the Borough.
e. 
Discontinuance of Service. Whenever a discharge of wastewater is in violation of the provisions of this section or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the Borough may discontinue service and may petition the Superior Court for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the continuance of such discharge.
f. 
Penalties. Any person who violates any provision of this section or discharges wastewater which causes pollution, or who violates any cease and desist order, prohibition, effluent limitation, national standard or performance, pretreatment or toxicity standard shall, upon conviction, be subject to the penalties as set forth in Chapter 1, Section 1-5. The attorney of the Borough, upon order of the Borough shall petition the Superior Court to impose, assess, and recover such sums.
g. 
Liability Upon Conviction. Any person violating any of the provisions of this section shall become liable to the Borough for any expense, loss, legal or other costs or damage occasioned by the Borough by reason of such violation and may further result in the Borough's requiring discontinuance of waste discharge into the local collection system, in addition to the penalties as authorized in the preceding paragraph.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the local sewage system. The Borough will take appropriate action against any person violating this provision.
a. 
Location and Responsibility. The building sewer from the main, to the structure to be served, shall be furnished, installed and maintained by the owner of the property.
The building sewer shall be constructed of materials and installed in accordance with the standards and requirements of the National Standard Plumbing Code. Enforcement is the responsibility of the Plumbing Subcode Officer.
The Borough shall be notified at least 24 hours before the beginning of any work upon sewer connections. No sewer connection shall be opened, pipe laid, or trench backfilled without inspection and approval of the Borough.
b. 
Requirements of Laying Sewer Lines Under Sidewalks, Streets, Etc. Whenever it is necessary to carry the trench containing such sewer connection under any stone, tar or cement sidewalk, or street, no portion of the surface of the sidewalk or street shall be disturbed or removed. The trench shall be carried underneath, and the under portion of the walk or street supported in such a manner as to render such walk or street safe for public use. All such supporting material under the walk or street shall be so placed as to prevent the sagging or falling of the walk or street or damage thereto.
In such places where the Borough is of the opinion that it shall not be possible to comply with this regulation, the Borough Council may, in writing, permit the surface of any such walk or street to be removed. In such cases, the surface of such walk or street shall be relayed by the party to whom the permission is granted, within 30 days from the date of permit.
c. 
Removal of Building Sewer. Where the renewal of a building sewer is found to be necessary, the property owner or user shall replace same at his expense within 30 days of receipt of notification from the Borough.
d. 
Responsibility of User. All connections, piping and fixtures furnished by the user shall be maintained by him in good order, and all piping and connections furnished and owned by the Borough and on the property of the customer shall be protected properly and cared for by the user. All leaks in the building sewer or any other pipe or fixture in or upon the premises served must be repaired immediately by the owner or occupant of the premises. The user shall notify the Borough and the Plumbing Subcode Official and identify the party engaged to do any maintenance work to the customer's building sewer, prior to work being commenced and the party shall not backfill any trench until the work has been inspected and approved by the Plumbing Subcode Official. Any work not acceptable shall be immediately removed and replaced by work which is acceptable.
e. 
Borough Disclaimer. The Borough shall in no way be responsible for maintaining any portion of the building sewer owned by the user, or due to blockage, in any portion of the building sewer owned by the user, for damage done by sewage escaping therefrom; or for lines or fixtures on the user's property; and the user shall at all times comply with applicable Borough regulations with respect thereto, and make changes therein, required by reason of relocation of mains or otherwise.
f. 
One Building Sewer per Property. A building sewer shall not serve more than one property unless permission of the Borough Council is given for good sanitary reasons. Any of the properties classified below, may, upon proper application of the owner, be supplied by two or more building sewers, each of which, for billing purposes, shall be considered as being one user account.
1. 
An industrial, commercial or manufacturing establishment.
2. 
A building separated from adjacent buildings by a party-wall(s), and comprising apartments or stores or offices, or any combination thereof.
3. 
A detached building comprising apartments or stores or offices, or any combination thereof.
g. 
Two or More Users on One Lateral. When two or more users are now served through a single service lateral, any violation of this subsection with respect to either or any of the users, shall be deemed a violation to all, and unless the violation is corrected after reasonable notice, the Borough may take such action as may be taken for a single user, except that such action will not be taken until an innocent user, who has not violated this section, has been given a reasonable opportunity to connect his pipe to a separate building sewer.
h. 
Installation of Building Sewers. Building sewers shall be installed to conform to detailed plans and specifications submitted to the Borough by the applicant, and only after review and approval of those plans and specifications by the Plumbing Subcode Official.
i. 
Transitions Between Pipes. Junctions of two different types of pipe shall be made with the National Standard Plumbing Code for the purpose of making the transition between the specific types and grades of pipe being used.
j. 
Infiltration or Inflow. If it is found that there is infiltration or inflow caused by a broken pipe, open joints, or some other problem with the user's building sewer, it shall be reported and repaired immediately by the user or owner.
k. 
Approval: Industrial Wastes. Prior to approving an application for a connection involving the acceptance of industrial wastes into the Borough system, the applicant shall submit complete data with respect to the following:
1. 
Average, maximum and minimum rates of flow to be expected daily and seasonally.
2. 
Flow diagram, showing points of application of chemicals, type and quantity of each chemical used per day and per shift, a schedule of operations, expected chemical characteristics of the untreated wastes, and the point or points of connection to the sewage system. The normal for domestic sewage and industrial wastes from each industrial establishment.
l. 
Absolute Prohibition of Devices. Under no circumstances will any of the following devices be connected to the Borough sanitary sewers, either directly or indirectly.
1. 
Floor drain, area drain or yard drain, except floor drains permitted in food service establishments and public rest rooms.
2. 
Rain conductors, downspouts or sump pumps.
3. 
Air conditioning equipment.
4. 
Storm water inlets or catch basins.
5. 
Swimming pool drains or filter backwash discharges.
6. 
Drains from any manufacturing or industrial equipment except when specifically authorized under the provisions of this subsection.
7. 
Garbage grinders except as approved by the Borough Engineer or Director, except in food establishments.
m. 
Absolute Prohibition Content and Characteristics. Wastes containing any substances or possessing the characteristics listed in subsection 15-12.4 will not be accepted.
n. 
Oil or Sand Interceptors or Oil Reclaimers. When in the opinion of the Borough, grease, oil and sand interceptors, or oil reclaimers are required, they shall be provided and maintained at the expense of the owner, in continuously efficient operating condition. The design and pertinent data shall be submitted to the Borough for review and approval by the Plumbing Subcode Official and, prior to construction or installation. All such devices must be constructed entirely on the property of the owner.
o. 
Other Requirements. Industries permitted to connect to the local sewerage system, even though not initially being required to provide pretreatment in accordance with subsection 15-12.5, may be required to provide a control manhole or meter, as described in subsection 15-12.5.
p. 
Inspection Requirements. Each industry discharging industrial waste into the sewer system of the Borough shall provide facilities and means whereby the waste being discharged may be inspected by designated representatives of the Borough. Determination of the character, concentration and rate of flow by the Borough shall be binding for the purpose of computing user charges. Samples may be collected and evaluated pursuant to standard methods of analysis for the purpose of determining the quality and quantity of such industrial waste.
q. 
Schedule of Discharge. Each industry discharging industrial waste into the sewer system of the Borough shall adopt a schedule of discharges of such waste, which schedule is subject to the approval of the Borough to the end that peak concentration of sewage flows shall be minimized giving due consideration to the capacities of the sewer system and to the necessities of factory production.
r. 
Change in Previously Approved Discharge. In the event that a change in a previously approved industrial waste discharged by an industry interferes with the efficiency of the operation of the sewer system of the Borough or with the disposal or sewage flowing therein, or increases the cost of the operation of such system, then such industry shall be required by the Borough to:
1. 
Reduce its peak discharge.
2. 
Construct equalizing tankage.
3. 
Partially pretreat the wastes.
4. 
Eliminate troublesome wastes.
5. 
Use any approved means to produce industrial waste of a quality acceptable to the Borough before such waste can be discharged into the sewer system of the Borough.
s. 
Failure to Conform. In the event that any industry fails to conform to these regulations which failure causes damage of any sort to the local sewage system, the MTMUA, or their respective employees or representatives, the Borough shall determine the extent of the damage and bill the industry accordingly. If such bill is not paid within five calendar days from the date of the bill, legal action may be instituted to enforce collection. The charge shall become a lien upon the property or the Borough may resort to termination of the connection after giving 24 hours' notice. The Borough reserves the right to cancel service upon one years' written notice, in the event of repeated failure to comply with the rules and regulations of the Borough.
t. 
Connection, Alteration, or Repair. Connection to, alterations to, or repairs to any building sewer or the manholes or other appurtenances of the local sewerage system shall not be made by any person without a permit issued by the Borough.
u. 
Unauthorized Access. No unauthorized person shall open the cover of, enter or alter any manhole or other appurtenance of the local collection system; place or insert or cause to be otherwise discharged into same any foreign material which the sewer or its appurtenances was not intended to receive; nor shall any person damage, destroy, uncover, deface or tamper in any way with the local collection system or its appurtenances. Any person violating this provision of these regulations shall be subject to arrest under a charge of disorderly conduct.
a. 
Residential. Where a residential user provides its own water supply entirely separate from that supplied by the Borough, or provides from its own sources a portion of the water consumed on the premises which eventually finds its way into the sewage system of the Borough, it is assumed that the quantity of wastewater discharged will be 400 gallons per day per dwelling unit. The owner or user will have the option of installing a water meter acceptable and accessible to the Borough at his expense to meter actual water consumed for utilization in determining user charges in subsection 15-12.11.
b. 
Nonresidential. Where a nonresidential user provides its own water supply entirely separate from that supplied by the Borough or provides from its own sources a portion of the water consumed on the premises which eventually finds its way into the sewage system of the Borough, a system of quantifying wastewater flow, acceptable to the Borough shall be provided at the user's expense.
[Ord. No. 5-95; Ord. No. 27-95; Ord. No. 08-98; Ord. No. 05-01 § 1; Ord. No. 07-02 § 1; Ord. No. 01-04 § 1; Ord. No. 04-05 § 1; Ord. No. 07-06 § 1; Ord. No. 04-08; Ord. No. 07-09; Ord. No. 01-10; Ord. No. 02-11; Ord. No. 02-13]
a. 
Charges and Fees for Connection and Use. The following charges and fees for connection and the use of the system are hereby fixed and/or prescribed and the Borough shall charge same to the user and the user shall pay such to the Borough on a quarterly basis. For purposes of this subsection, the quarterly periods shall be calendar quarters.
b. 
Charges Shall be a Lien. The charges and rents shall draw interest and be a lien upon the premises until paid and the Borough may exercise the remedies for the collection thereof with interest, costs and penalties provided in N.J.S.A. 40:63-8 and N.J.S.A. 40:62-78 and as it has by law for the collection of taxes upon real estate. Charges for sewer use shall be a lien upon the premises as provided by statute.
c. 
Responsible Party. The owner of premises will be held responsible for the sewer charges of their tenant since the sewer charge is a lien on the property as stated in paragraph b of this subsection.
d. 
No Abatement. No abatement will be made for leaks, or for water wasted by damaged fixtures.
e. 
Fees for Installation. Fees for the installation of a sewer connection and applications for service shall be as set forth in subsection 15-4.3.
f. 
Cost Determination. In general, each user will receive two charges to cover costs; 1. costs attributable to debt service and other capital costs for the MCUA, MTMUA, and the Borough will be charged to the user through general taxation. General taxation means that the total capital is divided by the total assessed valuation of the Borough and expressed as a tax rate which will become part of the real estate tax bill. 2. Annual operation and maintenance expenses attributable to the system will be divided among the users and expressed as a fee which is billed to the user, separate from taxes. The method for determining this charge will be based on water usage and will distribute the proportional share of operational costs among all the users of the system. To this charge will be added any applicable sewage strength surcharge.
g. 
Sewage Strength Surcharge. A sewage strength surcharge will be imposed only when a participant's average sewage strength exceeds those values shown below.
Maximum Non-Surcharge Sewage Strengths
Components
Maximum Strength
Biochemical Oxygen Demand (BOD)
200 mg/l
Suspended Solids (SS)
250 mg/l
Chlorine
15 mg/l
This user surcharge will be based on the formula used by the MTMUA, in their Sewer Rules and Regulations, Exhibit A.
h. 
Laboratory Analyses. Laboratory analyses will be performed, if deemed necessary, on composite samples of a user's sewage flow to determine its biological and chemical composition. The results of these analyses will be used to determine a user's quarterly surcharge, if any. The standard laboratory procedures shall be those found in the latest edition of Standard Methods for the Examination of Water and Wastewater. The costs of these analyses shall be paid by the user.
i. 
Formula for Operational Charge. The annual sewer rates to be utilized for the use of the Jamesburg Sewer System, are as follows:
[Amended 4-15-2015 by Ord. No. 03-15; 1-20-2016 by Ord. No. 03-16; 12-20-2017 by Ord. No. 09-17]
Rate
Category
Description
Annual Rate
R01
Residential
$420
R02
Senior Citizens
$150
R03
Single Apts.
$420
C01
Laundromat
$440 per washer
C02
Bakery
$6,410
C03
Office Complex
$2,092
C04
Small Restaurant
$962
C05
Medium Restaurant
$3,360
C06
Large Restaurant
$5,700
C07
Gas Station
$1,200
C08
Schools
$2,300
C09
Office
$329
C10
333 Forsgate
$6,900
C11
Car Wash
$6,300
C12
NJ American Water Company
$5.64 per 1,000 gallons
The Sewer Administrator is hereby given the authority to determine which rate schedule each property shall be billed under based upon past consumption and factual data. Senior citizens are those individuals who qualify for a senior citizen tax deduction as determined by the State of New Jersey. Restaurant categories shall be based upon a combination of: 1.) the seating capacity, as determined by the Jamesburg Fire Official and; 2.) Assessed property value, as determined by the Jamesburg Tax Assessor.
[Ord. No. 22-94 § 11-10.11]
Any sewer user who feels his user charge is unjust and inequitable as applied to his premises within the intent of the foregoing provisions may make written application to the Borough Council requesting a review. The written request shall, where necessary, show the actual or estimated average flow and/or strength of his waste-water in comparison with the values upon which the charge is based, including how the measurements or estimates were made. Review of the request shall be made by the Borough Council and the Sewer Administrator who shall determine if it is substantiated, including recommending any further action by the Council or its professional staff. If the request is determined to be substantiated, the user charges for that user shall be recomputed based on the approved revised flow and/or strength data and the new charges thus recomputed shall be applicable retroactively for the prior billing quarter, as applicable.
[Ord. No. 22-94 § 11-10.12]
Water utilized by any sewer user for which there is no current winter quarter (winter quarter being October, November, and December) actual flow data shall be billed for sewer use based upon the first full quarter reading available, regardless of the time of year in which that quarterly data is available. The remainder of the quarterly billing for that year will be based upon the first available quarterly data. The subsequent years' first winter quarter data will then be used to calculate the user charts for that current year. Any portion of a quarter period will be billed according to actual flow data for that period.
[Ord. No. 7-95; Ord. No. 27-95; Ord. No. 08-98; Ord. No. 5-99 § 1; Ord. No. 06-00 § 1]
The values to be utilized in the use of the formulas contained in Section 15-12.11g are as follows:
COM
J
=
$197,454
COM
mtmus
=
$439,065
SUM
su
=
$31,103.33
QT
=
$34,307.60 (winter quarter)
AND,
COM
ar
=
$52,912
COM
pc
=
91.0%
THEREFORE,
COM
Net
=
$665,291.95
COM
billed
=
$612,379.95
AND,
C
unit
=
$17.85
COM-J
$207,440 Total costs of the Borough exclusive of the M.T.M.U.A.
COM-MTMUA
$429,303 Billings from the M.T.M.U.A. $636,743
Total Appropriations
COMPC
90% Percentage of collection
COMNET
$620,270 Total amount of billings needed to generate sufficient revenue
COMAR
$64,897 Accounts Receivable
COM Billed
$555,373 Total Current Billings Required
OT
$4,836 Millions of gallons used during winter quarter
C-Unit
$15.94 Rate per thousand gallons used in winter quarter
Rate:
$100 per year for the first 3,000 gallons of water consumption for October, November, December, of the previous calendar year
$15.94 rate per each 1,000 gallons in excess of first 3,000 gallons of water consumption for October, November, December of the previous calendar year
In the event New Jersey American Water Company cannot provide the Sewer Administrator with actual readings for any property, the Sewer Administrator may average readings or make a reasonable estimate
[Ord. 2-11-85 § 1]
The Borough will review its user charges annually and revise them as necessary to ensure that the system continues to provide for the proportional distribution of these among all users.
a. 
Distribution of Cost. It is expressly understood that the Borough's user charge system distributes the cost of operation, maintenance and replacement attributable to extraneous flows in the same manner as the above described user charge system.
b. 
This user charge system shall take precedence over any terms or conditions of agreements or contracts between the Borough and any of its users.
a. 
Liability. Failure on the part of the Borough or any user in any instance or under any circumstances to observe or fully perform any obligation assumed by or imposed upon it by the foregoing section or by law shall not make the Borough liable in damages to any user or relieve any user from making any payment to the Borough or fully performing any other obligation required of it but such user may have and pursue any and all other remedies provided by law for compelling performance by the Borough of the obligation assumed by or imposed upon the Borough.
b. 
Waiver. Acceptance by the Borough into the local system of sewage or other wastes in volume or at a rate or with characteristics exceeding or violating any limit or restriction provided for by or pursuant to this section in one or more instances or under one or more circumstances shall not constitute a waiver or such limit or restriction or of any of the provisions of this section and shall not in any way obligate the Borough thereafter to accept or make provision for sewage or wastes delivered into the system in a volume or at a rate or with characteristics exceeding or violating any such limit or restriction in any other instance or under any other circumstance.
c. 
Written Consent. Whenever, under the terms of this section, the Borough is authorized to give its written consent, the Borough in its discretion, may give or refuse such written consent and, if given, may restrict, limit or condition such consent in such manner as it shall deem advisable.
d. 
Right to Amend. The Borough reserves the right to amend this section or to adopt additional ordinances as it shall deem necessary for the operation, maintenance and protection of the local sewerage system, for meeting revised standards of influent and effluent quality of any regulatory agencies having jurisdiction in this regard, or for any other reason the Borough deems is desirable or necessary for performing its functions. Any such amendments or additions shall become effective within 15 days of their issuance by the Borough or as may specifically be required by any Federal or State regulatory agency having jurisdiction.
e. 
Inclusion of Amendments and Modifications. References herein to laws, regulations, forms, and other official documents shall be deemed to include amendments or modifications hereinafter adopted or promulgated.
f. 
Availability of New Public or Private Sewer Systems. At such time as a public or private sewer system becomes available to a property presently served by an individual sewage disposal system, a direct connection shall be made to the public or private sewer system in compliance with Section 15-19, and any septic tanks, cesspools, and similar waste facilities shall be abandoned and dismantled and filled with suitable material, under the direction of and subject to inspection by the Borough.
g. 
Qualification. No provision of this section is intended to negate any provision of any other Borough ordinance as they may pertain to the installation of any sanitary sewage facilities due to land subdivision or any other major construction project.
h. 
Council Empowered to Adopt Amendments. The Borough Council is empowered to adopt these and such further amendments as will benefit the intent and purposes of these sewer use regulations and to collect and manage all sewer charges, rents or fees established by this chapter or any future amendment thereto.
[Ord. No. 07-05 §§ I — VI]
a. 
Purpose. The purpose of this subsection is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Jamesburg, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, 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.
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 Jamesburg or other public body, and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
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.
c. 
Prohibited Conduct. The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Jamesburg is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
d. 
Exceptions to Prohibition.
1. 
Water line flushing and discharges from potable water sources.
2. 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters)
3. 
Air conditioning condensate (excluding contact and non-contact cooling water).
4. 
Irrigation water (including landscape and lawn watering runoff).
5. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
6. 
Residential car washing water, and residential swimming pool discharges.
7. 
Sidewalk, driveway and street wash water.
8. 
Flows from firefighting activities.
9. 
Flows from rinsing of the following equipment with clean water:
Equipment used in the application of salt and deicing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
e. 
Enforcement. This subsection shall be enforced by the Police Department, Department of Public Works or the Zoning Officer of the Borough of Jamesburg.
f. 
Penalties. Any person(s) who continues to be in violation of the provisions of this subsection, after being duly notified, shall be subject to a fine not to exceed $100.
[Ord. No. 08-05 §§ I — V]
a. 
Purpose. The purpose of this subsection is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Jamesburg, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, 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 stormwater) to the municipal separate storm sewer system operated by the Borough of Jamesburg, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). 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 Jamesburg or other public body, and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
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.
STORMWATER
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.
c. 
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 Jamesburg any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater).
d. 
Enforcement. This subsection shall be enforced by the Police Department, the Department of Public Works or the Zoning Officer of the Borough of Jamesburg.
e. 
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 $100.