[HISTORY: Adopted by the Board of Health of the Township of Lacey
7-3-1974 as Ch. 132 of the 1974 Code. (This legislation was originally enacted
4-4-1973.) Amendments noted where applicable.]
[Amended 5-2-2005 by Ord. No. 2005-1]
A.
BUILDING
CONNECTION DATE
(1)
(2)
SEWER
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter 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.
Any building or structure heretofore or hereafter constructed, designed
or used for use or occupancy by persons, be it temporary or permanent.
Where used with respect to a building constructed prior to the date
of initial operation of any sewer available to service said building, the
90th day next ensuing the date of initial operation of such sewer as part
of the sewage treatment or collection systems owned or operated by the Lacey
Municipal Utilities Authority.
When used with respect to a building constructed subsequent to the date
of such initial operation, the 90th day next ensuing the date of completion
of construction or date of occupancy of such building, whichever date shall
first occur.
Any sewer or main designed or used for collection or disposal of
sanitary sewage or wastewater and located in any public street in the township.
B.
DOMESTIC SEWAGE
ILLICIT CONNECTION
INDUSTRIAL WASTE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NJPDES PERMIT
NONCONTACT COOLING WATER
PERSON
PROCESS WASTEWATER
STORMWATER
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.
Waste and wastewater from humans or household operations.
Any physical or nonphysical connection that discharges domestic sewage,
noncontact cooling water, process wastewater or other industrial waste (other
than stormwater) to the municipal separate storm sewer system operated by
the Township of Lacey, 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.
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)].
A conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels or storm drains) that is owned or operated by the Township of Lacey
or other public body and is designed and used for collecting and conveying
stormwater.
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.
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. Noncontact cooling water may,
however, contain algaecides or biocides to control fouling of equipment such
as heat exchangers and/or corrosion inhibitors.
Any individual, corporation, company, partnership, firm, association
or political subdivision of this state subject to municipal jurisdiction.
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 noncontact
cooling water.
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.
[Amended 4-5-1978]
B.
Buildings set back in excess of 200 feet from the center
line of an existing street upon which the property fronts or abuts shall not
be required to connect to the sewer line, provided that the existing septic
disposal system is functioning properly and without creating a nuisance or
a health hazard.
C.
On lots where there are two buildings, each building
shall be separately connected to the sewer line with its own lateral. Y-braces
for the purpose of connecting one or more buildings on the same lot to the
sewer line shall not be permitted.
D.
Existing buildings used and occupied as single-family
dwellings, which are below the level of the sewer line and for which a pitch
of 1/4 inch to one foot to the sewer line cannot be obtained, shall not be
required to connect to the sewer line, provided that the existing septic disposal
system is functioning properly and not creating a nuisance or a health hazard.
E.
All new buildings adjoining any public street in the
Township of Lacey in which a sewer is now or may hereafter be constructed
shall be required to connect to the sewer line regardless of the distance
between the building and the sewer line.
F.
When connection to the sewer line is completed, existing
metal septic tanks and cesspools shall be pumped out and be filled with clean
earth or sand; however, septic tanks and leaching tanks constructed of concrete
shall be exempted from this requirement.
G.
Appeals for other hardship exemptions may be made in
writing to the Board of Health and shall be supported by engineering and/or
technical data. After a review of the appeal request, the Board of Health
shall conduct a public hearing on the matter and render a decision to grant
or deny the request for an exemption.
[Amended 7-18-1978]
Every connection required by this chapter shall be made in accordance
with the ordinances of the Lacey Township Board of Health, as well as the
rules and regulations of the Lacey Municipal Utilities Authority and the State
Uniform Construction Code. All soil pipes shall not be less than four inches
in diameter, and every connection required by this chapter shall be made in
a manner so as to discharge into said sewer all sanitary sewage or waste originating
in the building and, in all other respects, shall be as required by the ordinances
of the Lacey Township Board of Health, the rules and regulations of the Lacey
Municipal Utilities Authority and the State Uniform Construction Code.
Upon the availability of any sewer to serve buildings on any property
in the township, each owner of property affected thereby shall be notified
of that fact by the Board of Health of the Township of Lacey and shall be
directed in said notice to connect each building on said property with said
sewer in accordance with the terms of this chapter.
All notices shall be addressed to the owners of said property as the
names of said owners appear in the last tax duplicate of the Township of Lacey;
shall describe the property by lot and block designation as the same appears
on the Tax Map of the Township of Lacey, and by the street address if a street
address exists; and shall state that, by order of the Department of Health
of the Township of Lacey, the owner is required to connect each building on
said property with a sewer in accordance with the terms of this chapter on
or before the connection date with respect to such building, or if such connection
date shall have passed, within 30 days of service of such notice as hereinafter
provided, and said notice shall also describe the penalty which may be imposed
hereunder for failure to comply with said notice and order in accordance with
the terms of this chapter. Said notice may be served on the owner personally
or by leaving it at his usual place of abode with a member of his family above
the age of 18 years. Said notice may also be served within or without the
limits of the Township of Lacey by mailing the same by certified mail to the
last known post office address of said owner as the same appears on the last
tax duplicate of the Township of Lacey.
Any person who shall not comply with any order issued in accordance
with the provisions hereof within 30 days of notice hereof by proper officer
of the Board of Health of the Township of Lacey as hereinabove described shall,
upon complaint filed by said officer in the Municipal Court having jurisdiction,
or upon complaint by any other officer, and upon conviction for the same,
be subject to the following penalties:
In addition to the penalties hereinabove provided, if the owner of any
property in the Township of Lacey shall fail or refuse to make any connection
or installation required by this chapter within the time or times herein provided,
the Board of Health of the Township of Lacey may proceed to make such connection
or installation or cause the same to be made and charge and assess the cost
thereof against such property in the same manner as ad valorem taxes are assessed.
[Added 12-18-1980 by Ord.
No. 31-80]
A.
No person shall discharge or cause to be discharged any
stormwater, surface water, groundwater, roof runoff, subsurface drainage,
sump pump discharge, uncontaminated cooling water or unpolluted industrial
process waters to any public sanitary sewer.
B.
Stormwater and all other unpolluted drainage shall be
discharged to such sewers as are specifically designated as combined sewers
or storm sewers or to a natural outlet.
[Amended 5-2-2005 by Ord. No. 2005-1]
C.
No person shall discharge or cause to be discharged any
of the following described waters or wastes to any public sewers:
(1)
Any gasoline, benzene, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas; or any liquid, solid or gas, which, by
interaction with other substances, may cause fire or explosion.
(2)
Any waters or wastes containing toxic or poisonous solids,
liquids or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any sewage treatment process, constitute
a hazard to humans or animals, create a public nuisance or create any hazard
in the receiving waters of the sewage treatment plant, including but not limited
to cyanides in excess of two milligrams per liter as CN in the wastes as discharged
to the public sewer.
(3)
Any waters or wastes having a pH lower than five point
five (5.5) or having any other corrosive property capable of causing damage
or hazard to structures, equipment and personnel of the sewage works.
(4)
Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in sewers or other interference
with the proper operation of the sewage works, such as but not limited to
ashes, cinders, sand, mud, straw, shavings, metals, glass, rags, feathers,
tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and
fleshings, entrails and paper dishes, cups, milk containers, etc., either
whole or ground by garbage grinders.
(5)
Any septic tank waste into manholes of the system without
written consent of the Lacey Municipal Utilities Authority.
D.
No person shall discharge or cause to be discharged the
following described substances, materials, waters or wastes if it appears
likely in the opinion of the Authority that such wastes can harm either the
sewers, sewage treatment process or equipment, have an adverse effect on the
receiving stream or can otherwise endanger life, limb, public property or
constitute a nuisance. Any person who proposes to discharge any of the following
described substances, materials, waters or wastes into the sewers shall first
contact the Lacey Municipal Utilities Authority and obtain their approval
for the same. In forming its opinion as to the acceptability of these wastes,
the Lacey Municipal Utilities Authority shall give consideration to such factors
as the quantities of subject wastes in relation to flows and velocities in
the sewers, materials of construction of the sewers, nature of the sewage
treatment process, capacity of the sewage treatment plant, degree of treatability
of wastes in the sewage treatment plant and other pertinent factors. The substances
prohibited are:
(2)
Any soluble oils or any water or waste containing fats,
wax, 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
(32º and 150º F.) [zero degrees and sixty-five degrees centigrade
(0º and 65º C.)].
(3)
Any garbage that has not been properly shredded. The
installation and operation of any garbage grinder equipped with a motor of
three-fourths (3/4) horse power or greater shall be subject to the review
and approval of the Authority.
(4)
Any waters or wastes containing strong acid, iron, pickling
wastes or concentrated plating solutions, whether neutralized or not.
(5)
Any waters or wastes containing iron, chromium, copper,
zinc and similar objectionable or toxic substances or wastes exerting an excessive
chlorine requirement to such degree that any such material received in the
composite sewage at the sewage treatment works exceeds the limits established
by the Lacey Municipal Utilities Authority for such materials.
(6)
Any waters or wastes containing phenols or other taste-
or odor-producing substances in such concentrations exceeding limits which
may be established by the Authority as necessary, after treatment of the composite
sewage, to meet the requirements of the state, federal or other public agencies
of jurisdiction for such discharge to the receiving waters.
(7)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Authority in compliance
with applicable state or federal regulations.
(8)
Any waters or wastes having a pH in excess of nine point
zero (9.0).
(9)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids, such
as but not limited to fuller's earth, lime slurries and lime residues, or
of dissolved solids, such as but not limited to sodium chloride and sodium
sulfate.
(b)
Excessive discoloration, such as but not limited to dye
wastes and vegetable tanning solutions.
(c)
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities which, in the opinion of the Lacey Municipal Utilities
Authority, constitute a significant load on the sewage treatment works.
(d)
Unusual volume of flow or concentration of wastes constituting
slugs, as defined herein.
(10)
Waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment processes employed
or are amenable to treatment only to such degree that the sewage treatment
plant effluent cannot meet the requirements of other agencies having jurisdiction
over discharge to the receiving waters.
E.
If any waters or wastes are discharged or are proposed
to be discharged to the public sewers, which waters contain the substances
or possess the characteristics enumerated above and which, in the judgment
of the Lacey Municipal Utilities Authority, may have a deleterious effect
upon the sewage works, processes, equipment or receiving waters or which otherwise
create a hazard to life, public health or safety or constitute a public nuisance,
the Lacey Municipal Utilities Authority may:
(1)
Reject the wastes;
(2)
Require pretreatment to an acceptable condition for discharge
to the public sewers;
(3)
Require control over the quantities and rates of discharge;
and/or
(4)
Require payment to cover the added cost of handling and
treating the wastes.
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If the Authority permits the pretreatment or equalization of waste flows,
the design and installation of the plants and equipment shall be subject to
the review and approval of the Lacey Municipal Utilities Authority and the
Ocean County Utilities Authority and subject to the requirements of all applicable
codes, ordinances and laws.
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F.
Grease, oil and sand interceptors shall be provided when,
in the opinion of the Lacey Municipal Utilities Authority, they are necessary
for the proper handling of liquid wastes containing grease in excessive amounts
or any flammable wastes, sand or other harmful ingredients, except that such
interceptors shall not be required for private living quarters or dwelling
units. All interceptors shall be of a type and capacity approved by the Lacey
Municipal Utilities Authority and shall be located so as to be readily and
easily accessible for cleaning and inspection.
G.
Where preliminary treatment or flow-equalizing facilities
are provided for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner at his expense.
H.
When required by the Lacey Municipal Utilities Authority,
the owner of any property serviced by a building sewer carrying industrial
wastes shall install a suitable control structure, together with such necessary
meters and other appurtenances in the building sewer as shall, in the opinion
of the Lacey Municipal Utilities Authority, facilitate observation, sampling
and measurement of the wastes. Such structure, when required, shall be accessibly
and safely located and shall be constructed in accordance with plans approved
by the Lacey Municipal Utilities Authority. The structure shall be installed
by the owner at his expense and shall be maintained by him so as to be safe
and accessible to authorized personnel at all times.
I.
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this chapter 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,
and shall be determined at the control structure provided or upon suitable
samples taken at said control structure. In the event that no special structure
has been required, the control structure shall be considered to be the nearest
downstream manhole in the public sewer to the point at which the building
sewer is connected. Sampling shall be carried out by customarily accepted
methods to reflect the effect of constituents upon the sewage works and to
determine the existence of hazards to life, limb and property.
J.
No statement contained in this section shall be construed
as preventing any special agreement or arrangement between the Lacey Municipal
Utilities Authority and any owner of property upon application made and a
finding by the Lacey Municipal Utilities Authority that such special agreement
or arrangement would be in the best interest of the township.
[Added 12-18-1980 by Ord.
No. 31-80]
A.
No person shall connect or allow to be connected into
any part of the sewer system located with the Township of Lacey any drain
or drain leader or gutter designed to collect precipitation, ground- or surface
waters.
B.
No person shall connect or allow to be connected into
the sewer system in the Township of Lacey any residence, commercial buildings,
institutions, factories or industrial establishments without first obtaining
a permit therefor from the Lacey Municipal Utilities Authority and payment
of the required fee to the Lacey Municipal Utilities Authority.
[Added 12-18-1980 by Ord.
No. 31-80]
Applications for connection to the sewer system shall be made to the
Lacey Municipal Utilities Authority of the Township of Lacey on forms provided
by the Lacey Municipal Utilities Authority. The connection fee as set forth
in the user charge system shall accompany the application.
[Added 12-18-1980 by Ord.
No. 31-80]
A.
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 Township of Lacey or in any area under the jurisdiction of the
township any human or animal excrement, garbage or other objectionable waste
without the approval of the Township Committee, Lacey Township Board of Health
and the Lacey Municipal Utilities Authority.
B.
It shall be unlawful to discharge to any natural outlet
within the Township of Lacey or in any area under the jurisdiction of the
township any sewage or other polluted waters, except where suitable treatment
has been provided in accordance with subsequent provisions of this chapter.
C.
Except as hereinafter provided, 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 sewage on any lot within
the township that abuts a street, alley or right-of-way in which there is
located a public sanitary sewer line.
D.
The owner of each house, building or property used for
human occupancy, employment, recreation or other purposes, situated within
the township and abutting on any street, alley or right-of-way in which there
is now located or may in the future be located a public sanitary sewer of
the township, is hereby required, at his expense, to install suitable toilet
facilities therein and to connect such facilities directly with the proper
public sewer in accordance with the provisions of this chapter within 90 days
after date of official notice to do so.
[Added 12-18-1980 by Ord.
No. 31-80]
A.
No unauthorized person shall uncover, make any connections
with or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Lacey Municipal
Utilities Authority.
B.
All costs and expense incident to the installation and
connection of the building sewer shall be borne by the owner. The owner shall
indemnify the Lacey Municipal Utilities Authority for any loss or damage that
may directly or indirectly be occasioned by the installation of the building
sewer.
C.
No person shall make connection of roof downspouts, exterior
foundation drains, areaway drains or other sources of surface runoff or groundwater
to a building sewer or building drain which in turn is connected directly
or indirectly to a public sanitary sewer.
D.
The connection of the building sewer into the public
sewer shall conform to the requirements of the Building and Plumbing Codes
or other applicable rules or regulations of the township. Any deviation from
the prescribed procedure and material must be approved by the township before
installation.
E.
All excavations for building sewer installation shall
be adequately guarded with barricades and lights so as to protect the public
from hazard. Streets, sidewalks, parkways and other public property disturbed
in the course of the work shall be restored in a manner satisfactory to the
township.
[Added 12-18-1980 by Ord.
No. 31-80; amended 5-2-2005 by Ord. No.
2005-1]
A.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a fine of
no less than $100 and no more than $1,250, by imprisonment not to exceed 90
days or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service, as determined in the discretion
of the Municipal Court Judge. The continuation of such violation for each
successive day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished as
provided above for each separate offense.
B.
The violation of any provision of this chapter shall be subject
to abatement summarily by a restraining order or injunction issued by a court
of competent jurisdiction.
[Added 5-2-2005 by Ord. No. 2005-1]
A.
The purpose of this section is to prohibit illicit connections
to the municipal separate storm sewer system(s) operated by the Township of
Lacey, so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
B.
No person shall discharge or cause to be discharged through an
illicit connection to the municipal separate storm sewer system operated by
the Township of Lacey any domestic sewage, noncontact cooling water, process
wastewater or other industrial waste (other than stormwater).
C.
This section shall be enforced by the Lacey Township Police Department
and the Lacey Township Code Enforcement Officer.
D.
The following shall apply to persons violating or failing to
comply with this section:
(1)
Any person violating or failing to comply with any of the provisions
of this section shall, upon conviction thereof, be punishable by a fine of
no less than $100 and no more than $1,250, by imprisonment not to exceed 90
days or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service, as determined in the discretion
of the Municipal Court Judge; except that, in the Pinelands Area, the maximum
penalty shall be $500 for each offense, as provided in N.J.S.A. 13:18A-24.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate offense.
(2)
The violation of any provision of this section shall be subject
to abatement summarily by a restraining order or injunction issued by a court
of competent jurisdiction.
