[Amended 5-13-2021 by Ord. No. 04-2021]
a.
ACT
AIR INLET VENTS
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
BOROUGH
BUILDING SEWER
CLEANOUT PIPE
CMCMUA
COMBINED SEWER
COMMERCIAL USER (CLASS II)
CURB TRAP
DAY
EPA
EXTRAORDINARY EXPENSE
GARBAGE
INDUSTRIAL USER (CLASS III)
INTERFERENCE
LATERAL
NATURAL OUTLET
NJDEP
NPDES
OWNER
PERSON
pH
PRETREATMENT
PROPERLY SHREDDED GARBAGE
RESIDENTIAL USER (CLASS I)
SANITARY WASTEWATER
SLUG
STANDARD METHODS
STATE
STORM SEWER
SUPERINTENDENT
SURFACE WATER
SUSPENDED SOLIDS
TOXICS
UTILITY
WASTEWATER
WASTEWATER FACILITY
WASTEWATER SEWER
WASTEWATER TREATMENT FACILITY
WPCF
Unless the context of usage indicates otherwise, the meanings of
specific terms in this Article shall be as follows:
Shall mean the Federal Clean Water Act, as amended.
Shall mean any opening in the sanitary sewer system that
allows fresh air circulation to flow through the main sewer drain
line and out the building venting system.
Shall mean the quantity of oxygen used in the biochemical
oxidation of organic matter under standard laboratory procedure in
five days at 20° C., expressed in milligrams per liter.
Shall mean the Borough of Cape May Point and its Water and
Sewer Utility.
Shall mean the extension from a building wastewater plumbing
facility to the public wastewater facility. The installation and maintenance
of a "building sewer" is the sole responsibility of the owner, not
the Utility.
Shall mean at the point that the building's sanitary
sewer line empties into the Borough lateral (just inside the curbline),
the Borough provides a vertical PVC pipe with screwed-on cap. This
vertical pipe serves as a cleanout access for maintenance of the building's
sanitary sewer line. The property owner is responsible for the replacement
of the screwed-on cap should it become broken.
Shall mean the Cape May County Municipal Utilities Authority.
Shall mean a sewer intended to receive both wastewater and
storm or surface water.
Shall mean and include any property occupied by a nonresidential
establishment not within the definition of an Industrial User (Class
III) and which is connected to the wastewater facilities.
Shall mean a device, fitting or assembly of fittings installed
in the building sewer line to prevent, circulation of air between
the drainage system of the building and the municipal sewer system.
Shall mean the twenty-four-hour period beginning at 12:01
a.m.
Shall mean the United States Environmental Protection Agency.
Shall mean those costs which are over and above normal operating
and maintenance costs incurred as a result of actions of a person
or persons.
Shall mean the solid animal and vegetable wastes resulting
from the domestic or commercial handling, storage, dispensing, marketing,
preparation, cooking and serving of foods or food products.
Shall mean any nonresidential user whose waste does not meet the restricted discharge requirements set forth in § 146-41 of this Article.
Shall mean inhibition or disruption of any sewer system,
wastewater treatment process, sludge disposal system or their operation
which substantially contributes to a violation of applicable discharge
permits.
Shall mean the extension between the Utility's main
and the owner's building sewer inside the curb at a point of
connection determined by the Superintendent. The Utility shall maintain
the lateral from the main to the point inside the curb and where the
owner's building sewer is connected.
Shall mean any outlet into a watercourse, pond, ditch, lake
or any other body of surface or ground water.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean the National Pollutant Discharge Elimination System
permit program, whether administered by the EPA or by the State of
New Jersey.
Shall mean the person or persons who legally own, lease or
occupy private property with wastewater facilities which discharge
or will discharge to the wastewater facilities.
Shall mean any individual, firm, company, association, society,
partnership, corporation, municipality or other similar organization,
agency or group.
Shall mean the logarithm of the reciprocal of the hydrogen
ion concentration, expressed in grams per liter, of solution, as determined
by standard methods.
Shall mean the reduction of the amount of pollutants, the
elimination of pollutants or the alteration of the nature of pollutant
properties in wastewater prior to discharge to the wastewater facilities.
Shall mean garbage that has been shredded to such a degree
that all particles will be carried freely under flow conditions normally
prevailing in the wastewater sewers, with no particle greater than
1/2 inch in any dimension.
Shall mean a premises used only for human residency, which
does not have any commercial uses and which is connected to the wastewater
facilities.
Shall mean wastewater discharged from the sanitary conveniences
of dwellings, office buildings, industrial plants or institutions.
Shall mean the discharge of water, sewerage or industrial
waste which, in concentration of any 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 flow or concentration
under normal operating conditions.
Shall mean the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Public
Health Association, Water Pollution Control Federation and American
Water Works Association.
Shall mean the State of New Jersey.
Shall mean a sewer for conveying storm, surface and other
permitted waters which is not intended to be transported to a treatment
facility.
Shall mean the person designated by the Board of Commissioners
or by the Commissioner of the Department of Public Works, Parks and
Public Property to supervise the Water and Sewer Utility.
Shall mean water which occurs when the rate of precipitation
exceeds the rate at which water may infiltrate into the soil.
Shall mean the total suspended matter that either floats
on the surface of, or is in suspension in, water or wastewater as
determined by standard methods.
Shall mean any of the pollutants designated by Federal regulations
pursuant to Section 307(a)(1) of the Act.
Shall mean the Borough of Cape May Point Water and Sewer
Utility.
Shall mean a combination of liquid and water-carried wastes
from residences, commercial buildings, industries and institutions,
together with any groundwater, surface water or stormwater or other
infiltration that may be present.
Shall mean the combination of the wastewater sewers, pumping
stations, appurtenances and treatment facilities.
Shall mean the structures, processes, equipment and arrangements
necessary to collect and transport wastewaters to the treatment facility.
Shall mean the structures, processes, equipment and arrangements
necessary to treat and discharge wastewater.
Shall mean the Water Pollution Control Federation.
b.
Word Usage. The word "shall" is mandatory: "may" is permissive.
[Amended 5-13-2021 by Ord. No. 04-2021]
The purpose of this Article is to provide for the maximum possible
beneficial public use of the wastewater facilities through regulation
of sewer construction, sewer use and wastewater discharges; to revise
rates to allocate the costs thereof; and to provide procedures for
complying with the requirements contained herein.
[Amended 5-13-2021 by Ord. No. 04-2021]
The definitions of terms used in this Article are found in § 146-19. The provisions of this Article shall apply to the discharge of all wastewater to facilities in the Borough. This Article provides for use of the wastewater facilities, regulation of sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment required, sewer construction plans, issuance of wastewater discharge permits, minimum sewer connection standards and conditions, rates to allocate costs of providing wastewater facilities and penalties and other procedures in cases of violation of this Article.
[Amended 5-13-2021 by Ord. No. 04-2021]
Except as otherwise provided herein, the Superintendent of the
Water and Sewer Utility or his designee shall administer, implement
and enforce the provisions of this Article.
[Amended 5-13-2021 by Ord. No. 04-2021]
Any person found in violation of this Article or of any requirement of a permit issued hereunder may be served with a written notice stating the nature of the violation and providing a reasonable time limit for compliance. Any such notice given shall be in writing and served in person or by registered or certified mail. The notice shall be sent to the last known address of the violator. Where the address is unknown, service may be made upon the owner of record of the property involved. If satisfactory action is not taken in the time allotted by the notice, § 146-24 of this Article shall be implemented.
[Amended 5-13-2021 by Ord. No. 04-2021]
a.
Violation of Discharge Regulations. Any person who continues to violate the discharge provisions of this Article beyond the time limit provided for in § 146-23 shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. Such person shall also be subject to disconnection from the wastewater facilities. In addition, if a violation causes an extraordinary expense to any operating component of the wastewater facilities, the person causing such violation shall be liable for the full amount of the extraordinary expense, plus any costs incurred by the entity pursuing enforcement of these provisions. If legally permissible, the Borough will transfer any such reimbursement to the person suffering the injury or incurring the expenses. Any person violating any other section of this Article shall likewise be subject, as applicable, to the aforesaid penalties and costs. Each day or portion thereof a violation continues shall constitute a separate violation.
b.
Violation of Chapter Provisions.
2.
Unless otherwise provided, each calendar week that a violation continues
shall be considered a separate violation.
3.
In the event a violation causes extraordinary expenses to the operating
component of the wastewater facilities, the person causing such violation
shall be liable for the full amount of the extraordinary expense related
thereto.
[Amended 5-13-2021 by Ord. No. 04-2021]
All fees and charges payable under the provisions of this Article
are due and payable to the Borough upon the receipt of notice of charges;
unpaid charges shall become delinquent and shall be subject to penalty
and interest charges.
[Amended 5-13-2021 by Ord. No. 04-2021]
In accordance with due process of law, borough personnel or
contracted designees bearing proper credentials and identification
shall be permitted to enter the property of any residential, commercial
or industrial user of the wastewater sewer at any reasonable time
for the purpose of inspection, observation, measurement and sampling
of the wastewater discharge to ensure that discharge to the wastewater
facilities is in accordance with the provisions of this Article.
[Amended 5-13-2021 by Ord. No. 04-2021]
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the wastewater facilities. Any person
violating this provision shall, upon conviction, be subject to such
penalties as the court, in accordance with law, shall impose. Further,
any person violating this provision shall be responsible for the correction
and repair of the damages incurred by a wastewater facility.
[Amended 5-13-2021 by Ord. No. 04-2021]
Any person, persons or businesses responsible in part or in
whole for an accidental spill into the sewer system, onto public or
personal property or into surrounding bodies of water shall immediately
report each occurrence to the Superintendent and to the CMCMUA.
[Amended 5-13-2021 by Ord. No. 04-2021]
In the case of an accidental discharge or if for any reason
a user does not comply, or will be unable to comply, with any prohibition
or limitation in this Article, the user responsible for such discharge
shall immediately telephone and notify the Superintendent and the
CMCMUA of the incident. The notification shall include location of
discharge, type of waste, concentration and volume. Furthermore, such
user shall take immediate action to prevent interference with the
wastewater treatment process and/or damage to the wastewater facilities.
Such notification shall not relieve the user of any expense, loss,
damage or other liability which may be incurred as a result of damage
to the wastewater facilities or other damage to persons or property;
nor shall such notification relieve the user of any fines, civil penalties
or other liability which may be imposed by this Article or other applicable
law.
[Amended 5-13-2021 by Ord. No. 04-2021]
It shall be unlawful for any person to place, deposit or permit
to be deposited in any unsanitary manner on public or private property
within the Borough of Cape May Point or in an area under the jurisdiction
of said Borough any human or animal excrement, garbage or other objectionable
waste.
[Amended 5-13-2021 by Ord. No. 04-2021]
It shall be unlawful to discharge without an NPDES permit to
any natural outlet within the Borough of Cape May Point or in any
area under its jurisdiction. Wastewater discharges to the wastewater
facilities are not authorized unless in accordance with provisions
of this Article.
[Amended 5-13-2021 by Ord. No. 04-2021]
Except as provided in this Article it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for the disposal of wastewater.
[Amended 5-13-2021 by Ord. No. 04-2021]
Any person requesting connection to the wastewater facilities
may only do so through the wastewater sewers owned by the Borough.
No person may be permitted to directly discharge into the wastewater
facilities owned by the Cape May County Municipal Utilities Authority
(CMCMUA) unless prior written consent is received from the CMCMUA.
[Amended 5-13-2021 by Ord. No. 04-2021]
No private wastewater disposal system shall be permitted in
the geographic areas of the Borough which have wastewater sewers provided.
[Amended 5-13-2021 by Ord. No. 04-2021]
a.
Connection to Sewers Required. The owner of any house, building or
structure or separate residential or commercial unit located on a
lot which can be serviced by the Borough sewage collection system
which is now in operation or which is constructed in the future in
the Borough, shall connect the drainage of all sources of wastewater
in his or her house, building or structure to the Borough wastewater
sewer. Each dwelling unit shall have a separate connection to the
sewer system.
b.
The Borough shall provide and be responsible for all component parts
of the connection from the curb stop to the main, including all labor,
materials, excavating, restoration and paving costs. The required
connection fee shall be deemed the payment for such installation as
is specified in the connection application.
c.
The Governing Body may, by resolution, exempt any premises from the
requirements of connection with a public sewer if it finds that requiring
the premises in question to connection would impose an unnecessary
hardship upon the owner of the premises, provided that the exemption
will not result in the creation of a nuisance or an unhealthy or unsanitary
condition. Any exemption granted by the Governing Body shall expire
one year from the date that it is granted. Exceptions may be renewed
by the Governing Body from year to year.
d.
Time Limit. Connections shall be made within 90 days after the service
of notice as provided in paragraph e hereof.
e.
Notice to Connect.
1.
Notice Required. The Governing Body shall give at least 90 days'
notice to the owner of property affected before proceeding to award
a contract for the making of a connection or causing it to be made
by the borough as provided in paragraph f.
2.
Contents of Notice. A notice given under this section shall contain
a description of the property affected sufficient to identify it and
a statement that if the connection is not made within 60 days after
service of the notice, the borough shall make it or cause it to be
made at the owner's expense. No special form of notice shall
be required.
3.
Service of Notice. Notices under this section shall be served as
follows:
(a)
Upon owners resident in the Borough, personally or by leaving
the notice at their usual place of residence with some member of the
family above the age of 14 years.
(b)
Upon owners not resident in the Borough, personally or by mailing
the notice to the owners' last known post office address or by
service upon an occupant of the property or an agent of the owner
in charge of the property.
(c)
Where service cannot be made under paragraph e3(a) or (b), the
notice may be served by publishing it once in a newspaper circulating
in the Borough. One published notice may relate to several different
properties.
(d)
Owners who are infants or of unsound mind or the beneficiaries
of trusts shall be given notice by service upon their guardians or
trustees. Where there is more than one owner of the same piece of
property, service upon one owner shall be notice to all.
(e)
Proof of service. Proof of service shall be filed with the Tax
Collector of the Borough within 10 days after service is made.
(f)
Defective notice. Failure to file proof of service, misstatement
of the name of the property owner or similar errors or omissions in
the giving of notice shall not invalidate any charge imposed for a
sewer connection where an actual benefit to the property results.
f.
Connection by Borough.
1.
Failure to Connect After Notice. If any property owner fails to make
the required connection with the sewer system within 60 days after
being served with notice to do so, the Governing Body may cause the
connection to be made by awarding one or more contracts to make it.
2.
Contracts. Contracts for the making of sewer connections shall be
awarded in the same manner and after the same advertising as any other
municipal contract. In lieu of awarding separate contracts for the
making of each connection, the Governing Body may award the contract
for the making of all connections which the Borough may desire to
have made within a period of one year or less.
g.
Recovery of Costs.
1.
Record of Costs. When any sewer connection is made by the Borough
or under a contract awarded by the Governing Body, an accurate record
of all expenses shall be kept. Where several properties are involved,
the expenses shall be apportioned among them. Upon completion of the
work, a sworn statement as to the expenses incurred shall be filed
by the Municipal Clerk with the Governing Body. The Governing Body
shall examine the statement and, if it is properly made, shall confirm
it and file it with the Borough Tax Collector. The Tax Collector shall
record the sewer connection charge in the same manner in which assessments
are recorded.
2.
Lien; Interest. Every sewer connection charge shall, from the time
of its confirmation, be a first lien upon the property affected and
shall bear interest and penalties and be collected and enforced in
the same manner as assessments for local improvements.
3.
Installment Payments. The Governing Body may, by resolution, provide
for the payment of sewer connection charges in installments. In that
event, they shall be payable, bear interest and be collected and enforced
in the same manner as assessments for local improvements.
h.
Abandoned Septic System. Any abandoned septic system must be pumped
out and filled in with gravel or soil as outlined in N.J.A.C. 7:9A-12.8A.
The Plumbing Subcode Inspector will provide oversight and final site
approval. The property owner is responsible to fill the abandoned
septic structure.
[Amended 5-13-2021 by Ord. No. 04-2021]
a.
No unauthorized person shall uncover, make any connections with or
opening into, use, alter or disturb any wastewater sewer or a storm
sewer without first obtaining a written permit from the Water-Sewer
Clerk or Municipal Clerk.
b.
For each newly installed four-inch lateral for each dwelling unit
connection to the Borough sewage collection line shall be $1,500.
The fees for all other size collections connections or greater depth
are to be determined by specific site resolution of the Board of Commissioners.
The property owner or property owner's agent must obtain the
sewer connection permit prior to applying for the formal new home
construction permit.
c.
The owner shall be responsible for the corporation stops of the connection
from the curb stops to the main, including all labor, material, excavating,
restoration and paving costs. The installer must meet Borough standards.
d.
It shall be the responsibility of the property owner to remove existing
curb traps and air vents. The Water and Sewer Utility may notify property
owners who appear to have existing curb traps and air vents. The property
owner shall have 30 days from notification to correct the situation
without penalty.
[Amended 5-13-2021 by Ord. No. 04-2021]
a.
All existing building sanitary sewer lines and any other openings
in that building's sanitary sewer system shall be kept sealed.
b.
Where the existing building sanitary sewer line contains a curb trap
or air inlet vents, these (curb trap and air inlet vent) must be removed
and the removal void replaced with solid PVC pipe filler, appropriately
sealed to code.
c.
Where terra cotta or transite sanitary sewer pipe exists between
the building and the Borough connection (cleanout pipe), these must
be replaced in their entirety with PVC pipe with appropriate sealing
to code.
d.
Any modification to an existing building sanitary sewer line inside
the Borough connection (cleanout pipe) made pursuant to the provisions
of this chapter shall be performed by a New Jersey licensed plumber.
e.
Any modification to an existing building sanitary sewer line inside
the Borough connection (cleanout pipe) shall be installed in such
a manner so as to avoid the creation of a hazard or impediment to
pedestrian or vehicular traffic on the public right-of-way or a private
driveway.
f.
Joints for Sanitary Sewer Piping. Any modification of the building's
sanitary sewer line to implement the requirements of this section
requires joints by proper adapter fittings as specified in Section
4.3 of the National Standard Plumbing Code.
g.
Permits Required. A permit shall be obtained for the inspection,
removal or correction of the curb trap/air inlet vent system by the
property owner or his agent from the Borough Construction Office.
A fee of $35 shall be charged for each permit.
[Amended 5-13-2021 by Ord. No. 04-2021]
a.
No person shall connect roof, foundation, areaway, parking lot, roadway
or other surface runoff or groundwater drains to any sewer which is
connected to a wastewater treatment facility.
b.
All roof, foundation, areaway, parking lot, roadway or other surface
runoff or groundwater drains shall discharge to natural outlets or
storm sewers.
[Amended 5-13-2021 by Ord. No. 04-2021]
a.
The connection of a building sewer into a wastewater sewer shall
conform to the requirements of the Construction Code and Plumbing
Subcode or other applicable requirements of the Borough and/or the
NJDEP. The connections shall be made gastight and watertight and verified
by proper testing. Any deviation from the prescribed procedures and
materials must be approved, in writing, by the Plumbing Subcode Official
before installation.
b.
The connection of a surface runoff or groundwater drain to a storm
sewer or natural outlet designed to transport surface runoff or groundwater
drainage shall conform to the requirements of the applicable Construction
Code or other applicable requirements of the Borough.
[Amended 5-13-2021 by Ord. No. 04-2021]
The Borough shall not issue a permit for any connection to the
wastewater sewers or wastewater treatment facilities unless there
is sufficient capacity, not legally committed to other users, in the
wastewater sewers and treatment facilities to convey and adequately
treat the quantity of wastewater which the requested connection will
add to the system.
[Amended 5-13-2021 by Ord. No. 04-2021]
All discharges of stormwater, surface water, groundwater, roof
runoff and subsurface drainage shall be made to storm sewers or natural
outlets designed for such discharges. Any connection, drain or arrangement
which will permit any such waters to enter any wastewater sewer shall
be deemed to be a violation of this section and this Article.
[Amended 5-13-2021 by Ord. No. 04-2021]
a.
No person shall discharge, or cause to be discharged, to any of the
wastewater facilities any substances, materials, waters or wastes
in such quantities or concentrations which will:
1.
Create a fire or explosion hazard, including but not limited to gasoline,
benzene, naphtha, fuel oil or other flammable or explosive liquid,
solid or gas, including but not limited to any liquid having a flash
point lower than two hundred thirty-five degrees Fahrenheit (235°
F.), as determined by the Tagliabue closed-cup method.
2.
Cause corrosive damage or hazard to structures, equipment or personnel
of the wastewater facilities, but in no case discharge having a pH
lower than five point five (5.5) or greater than nine point zero (9.0).
3.
Cause obstruction to the flow in sewers or other interference with
the operation of wastewater facilities due to accumulation of solid
or viscous materials.
4.
Contain fats, wax or grease or oils, whether emulsified or not, in
excess of 100 milligrams per liter or containing substances which
may solidify or become viscous at temperatures between thirty-two
degrees and one hundred fifty degrees Fahrenheit (32° and 150°
F.).
5.
Have a temperature higher than one hundred fifty degrees Fahrenheit
(150° F.) or sixty-five degrees Celsius (65° C.).
6.
Contain phenolic compounds over one parts per million, expressed
as phenol.
7.
Contain any radioactive substances.
8.
Have a biochemical oxygen demand (five-day BOD) in excess of 350
milligrams per liter (mg/l).
9.
Have a suspended solids content in excess of 300 milligrams per liter
or containing suspended solids of such character of specific gravity
that unusual attention or expense is required to handle or treat such
materials.
10.
Contain corrosive, toxic, deleterious or poisonous substances in
sufficient quantity to cause injury, damage or hazard to personnel,
structures or equipment or interfere with the wastewater facilities,
including but not limited to any portion of the liquid or solids treatment
or handling processes or that which will pass through the treatment
facilities in such condition that they will not achieve State, Federal
or other existing, pending or future requirements for the effluent
discharge, including but not limited to the NPDES permit requirements
imposed upon the CMCMUA.
11.
Cause unusual volume or concentration of wastes being delivered in
a slug manner, by which it is meant that the normal (i.e., twenty-four-hour
average) concentration of loadings shall not be exceeded by more than
a factor of four for any sixty-minute period.
12.
Have an objectionable color which is not removable in the wastewater
treatment facility.
13.
Be discharged by tank trucks into manholes or appurtenances of the
wastewater sewer system, including but not limited to septic tank
wastes. These septic tank wastes will, however, be accepted directly
at designated CMCMUA wastewater treatment facilities.
14.
Contain noxious, malodorous gas or substances which are present in
quantities that create a public nuisance or a hazard to public health.
15.
Contain any garbage that has not been properly shredded.
16.
Contain substances interfering with sludge management any substance
which may cause the wastewater treatment facilities sludge to be unsuitable
for reclamation and reuse or to interfere with the reclamation process
where the CMCMUA is pursuing a reuse and reclamation program. In no
case shall a wastewater discharged to the wastewater facilities cause
the wastewater treatment facilities to be in noncompliance with sludge
use and disposal criteria, guidelines or regulations developed by
the NJDEP, the United States Environmental Protection Agency or any
criteria, guidelines or regulations affecting sludge use or disposal
developed pursuant to the Solid Waste Disposal Act, the Clean Air
Act, the Toxic Substances Control Act or the "New Jersey Guidelines
for the Utilization and Disposal of Municipal and Industrial Sludges
and Septage."
b.
If any wastewaters are discharged or are proposed to be discharged
to the wastewater facilities, which consist of the substances or possess
the characteristics enumerated above or which may be set forth by
regulatory agencies now or in the future and which, in the judgment
of the Borough and/or the CMCMUA, have a deleterious effect upon the
wastewater facilities or constitute a public nuisance, the Borough
may:
[Amended 5-13-2021 by Ord. No. 04-2021]
In an effort to conserve water resources, no discharger shall be permitted to dilute his waste to avoid violation of § 146-42 of this Article.
[Amended 5-13-2021 by Ord. No. 04-2021]
[Amended 5-13-2021 by Ord. No. 04-2021]
Should an industrial discharger (Class III) request connection
to the wastewater facilities, the Borough shall:
b.
If, in the opinion of the Borough and the CMCMUA, the waste is not in compliance with the requirements of §§ 146-41 through 146-43, the potential discharger will be required to provide adequate pretreatment facilities for the wastes in order to bring the material proposed for discharge into the wastewater facilities into full compliance, or the industrial discharger will be denied access to the wastewater facilities.
[Amended 5-13-2021 by Ord. No. 04-2021]
a.
b.
If the discharger is found to be in violation of §§ 146-41 through 146-43, the Borough shall require the installation of pretreatment facilities within a specified time to be determined by the Borough and/or the CMCMUA. If such facilities are not constructed and delivering a waste in compliance with the provisions of this Article within the specified time, the Borough may disconnect the discharge from the wastewater facilities according to provisions set forth in §§ 146-20 through 146-29.
c.
The requirements of this section shall be applicable to all industrial
discharges in existence prior to and after the adoption of this Article.
[Amended 5-13-2021 by Ord. No. 04-2021]
a.
Measurements, tests and analyses of the characteristics of wastewater
to which reference is made in this Article shall be determined in
accordance with the latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the American Public Health Association,
or such alternate methods approved by the Borough in compliance with
State and Federal law. Sampling methods, locations, times, durations
and frequencies are to be determined on an individual basis, subject
to approval by the Borough and the CMCMUA. The discharger shall have
the option to use, at his own expense, more complete sampling methods,
locations, times and frequencies than specified by the Borough and
the CMCMUA.
b.
Measurements, tests and analyses of the characteristics of wastewater
required by this Article shall be performed by a laboratory certified
by the State of New Jersey.
c.
When required by the Borough, the user shall install a suitable control
manhole, together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling and measurement
of the wastewater. Such manhole or other appurtenances, when required,
shall be accessibly and safely located and shall be constructed in
accordance with plans approved by the Borough. The manhole shall be
installed by the user at his expense and shall be maintained by him
so as to be safe and accessible at all times.
[Amended 5-13-2021 by Ord. No. 04-2021]
Nothing in §§ 146-44 through 146-50 shall be construed as preventing any special agreement or arrangement between the Borough and any user of the wastewater facilities whereby wastewater of unusual BOD or suspended solids strength is accepted into the system, subject to any surcharge payments or user charges as may be applicable; provided, however, that such acceptance does not cause a violation of the NPDES discharge permit requirements for the wastewater treatment facility. The surcharge rates shall be in conformance with the then prevailing rates developed by the CMCMUA.
[Amended 5-13-2021 by Ord. No. 04-2021]
If the drainage or discharge from any person/owner causes a
deposit, obstruction or damage to any of the wastewater facilities
located within the Borough, the Borough or the CMCMUA, depending upon
which of those entities has operating responsibility for the obstructed
section of the wastewater facility, shall cause the deposit or obstruction
to be promptly removed or shall cause the damage to be promptly repaired.
The cost for such work, including materials, labor, supervision, permits
and engineering and legal fees, shall be borne by the person/owner
causing such deposit, obstruction or damage.
[Amended 5-13-2021 by Ord. No. 04-2021]
The Borough and the CMCMUA shall implement reasonable measures
to ensure the confidentiality of the information provided by a Class
III discharger, if so requested by the owner, in writing.
[Amended 5-13-2021 by Ord. No. 04-2021]
The rates set forth in this Article are applicable for all classes
and users within the Borough of Cape May Point.
[Amended 5-13-2021 by Ord. No. 04-2021]
a.
Each dwelling unit shall be charged for direct or indirect connections
or use of the Borough sewer system at the rate of $114 quarterly per
equivalent dwelling unit.
b.
For the purpose of paragraph a hereof, equivalent dwelling units
shall be charged in accordance with the following schedule:
|
Type of User
|
Number of Equivalent Dwelling Units
|
|---|---|
|
Single-family residence
|
1
|
|
Apartments or multifamily dwelling units (per unit)
|
1
|
|
Rooming house
|
2
|
|
Restaurant
|
2
|
|
Store
|
1
|
|
Office
|
1
|
|
Other business use
|
1
|
|
Large institutional rooming house on 1 1/2-inch meter
|
9
|
|
Large institutional rooming house on 2-inch meter
|
35
|
|
Park
|
15
|
c.
Excess Sewage Usage Charge. Sewage Usage Charges will consist of
a "minimum sewer rate" of 6,500 gallons of water allowance per quarter.
Beginning in the first quarter of 2022, in addition to the minimum
sewer rate as set forth above, a charge will be made for each gallon
of water use in excess of the minimum allowable usage of 6,500 gallons
per quarter at the rate of $5.05 per 1,000 gallons or a fraction thereof
used for all customers.
d.
Payment of Sewer Bills. Sewer user services charges furnished by
the Water/Sewer Utility shall be sent out quarterly and shall be due
and owing in full within 30 days of the mailing date thereof. Any
sewer usage bill which is not paid in full within this 30 day period
shall thereafter bear interest on the total amount owed on the account
of 18% per annum. In the event that any account, including interest
thereon, is not paid in full within one year from the date of the
bill for the past due amount shall result in a municipal lien being
placed against the property. The imposition of any such municipal
lien shall be in addition to any other remedies the Borough shall
have to collect the full amount, including interest, of the monies
owed it for sewage usage charges.
e.
Unpaid Arrearages. Unpaid arrearages carried past December 31 into the following year, will receive a flat rate surcharge of $25 per equivalent dwelling unit, in addition to the monthly penalty defined in § 146-52d.
f.
Sewage Service Annual Percentage Increase. On the first of January
beginning in 2022 and reoccurring annually thereafter, the minimum
sewage usage charge for residential, commercial and industrial customers
shall increase by 1% per year in order for the Borough to offset increased
costs to the Borough.
