[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills 10-28-1986 by Ord. No. 86:72
as Ch. XIII of the 1986 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Land use, subdivisions and site plans — See Ch. 225.
Individual sewage disposal systems — See Ch. 326.
[1]
Editor's Note: Municipal sewers are governed
by N.J.S.A. 40:63-1 et seq. Individual sewerage disposal facilities
are regulated by the State Individual Sewerage Disposal Systems Code.
[Amended 12-20-2005 by Ord. No. 2005:31; 12-20-2005 by Ord. No. 2005:32; 12-20-2005 by Ord. No. 2005:33]
Any streets, highways, alleys and other public
lands or places, within or without the Township, may be used and occupied
for the construction and maintenance of the following public improvements,
as authorized by N.J.S.A. 40A:26A-1 et seq.: main sewer, lateral sewer,
intercepting sewer, system of sewers, sewer outlets, filtration beds,
sewage treatment or disposal plants or works, sewage receptacles,
pumping stations or any or all such improvements, and such other erections,
works, establishments and fixtures as may be required to provide proper
sewerage and drainage for the Township.
[Amended 12-20-2005 by Ord. No. 2005:31]
In order to assure the proper disposal of sewage
and waste waters and the proper operation and maintenance of the public
sewers, sewage treatment plant and other sewage works within the Township
and to provide an adequate record of sewers, drains, appurtenances
and connections thereto, the following regulations are enacted by
the Township under the authority of N.J.S.A. 40:26A-1 et seq.
[Amended 12-20-2005 by Ord. No. 2005:31]
The Division of Sewers in the Department of
Municipal Utilities shall be known as the "Sewer Department."
As used in this chapter, the following terms
shall have the meanings indicated:
The duly appointed attorney of the Township.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20º C., expressed in mg/l (milligrams per liter) by weight.
That part of the lowest horizontal piping of a building sanitary
system that receives the discharge from the sanitary waste pipes inside
the walls of the building and conveys it to the property owner's connection,
beginning five feet outside the inner face of the building wall.
The amount of chlorine which must be added to water or waste
to produce a residual chlorine content of at least 0.1 mg/1 after
a minimum contact time of 10 minutes.
The duly appointed Township Clerk of the Township.
The duly appointed Engineer of the Township or his authorized
deputy, inspector, agent or representative.
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
The duly appointed Health Officer of the Township or his
authorized deputy, inspector, agent or representative.
The pipe laid incidental to the original construction of
a public sewer from the public sewer up to two feet inside the curbline
of the street, highway or similar location, and there capped, having
been provided and intended for extension and for use at some time
thereafter as part of a property owner's connection.
Includes every privy, privy vault, septic tank, cesspool
or any other facility located on the premises intended or used for
the disposal of sewage.
Either an individual, partnership or corporation to whom
the Office of Health has issued a license to practice plumbing in
the Township during the period when such license is valid.
[Amended 12-20-2005 by Ord. No. 2005:31]
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter solution.
A sanitary sewer system/works owned and operated by other
than the Township.
Garbage which has been shredded so that no garbage particles
will be greater than 1/2 inch in any dimension.
The extension from the building drain to the house connection.
A sanitary sewer system/works owned or controlled by the
Township.
The pipe or conduit, together with manholes and other structures
or equipment appurtenant thereto, provided to carry sewerage and waste
liquids. Sewers shall further be classified as follows:
[Amended 12-20-2005 by Ord. No. 2005:32]
PUBLIC SEWERA trunk, main or lateral sewer up to and including the Y-branch or tee provided for connection thereto and to which all owners of abutting properties have equal rights and which is controlled by public authority. The public sewer shall include the house connection but does not include the property owner's connection.
SANITARY SEWERA sewer which carries only sanitary sewerage and to which stormwater, subsoil drainage and cooling water are not intentionally admitted.
Waste water or water-carried wastes from residences, business
buildings, institutions and industrial establishments. Sewerage shall
be further classified as follows:
[Amended 12-20-2005 by Ord. No. 2005:32]
COOLING WATERIncludes the waste water from air-conditioning, industrial cooling, condensing and hydraulically powered equipment or similar apparatus.
DOMESTIC or SANITARY SEWERAGEThe solid and liquid wastes from toilet and lavatory fixtures, kitchens, laundries, bathtubs, shower baths or equivalent plumbing fixtures as discharged from dwellings and business and industrial buildings.
INDUSTRIAL SEWERAGE or WASTESIncludes the water-carried wastes of any industrial process as distinct from domestic or sanitary sewerage. All substances carried in industrial wastes, whether dissolved, in suspension or mechanically carried by water, shall be considered as industrial wastes.
SUSPENDED SOLIDSSolids that either float on the surface of or are in suspension in water, sewerage or other liquids and which are removable by filtering as prescribed in Standard Methods for the Examination of Water, Sewage and Industrial Waste, American Public Health Association.
Any arrangement of devices and structures used for treating
sewage, including but not limited to compact sewerage treatment plants
and municipal treatment plants.
All facilities for collecting, pumping, treating and disposing
of sewage or waste water.
The person duly designated to have supervision of the operation
and maintenance of the Division of Sewers within the Department of
Municipal Utilities.
Pipeline carrying stormwater or subsoil drainage, including
inlets and manholes.
[Added 12-20-2005 by Ord. No. 2005:32]
Includes the runoff or discharge of rain and melted snow
or other water from roofs, surfaces of public or private lands, swimming
pools or elsewhere. Stormwater also shall include subsoil drainage.
[Added 12-20-2005 by Ord. No. 2005:32]
Includes water from the soil percolating into subsoil drains
and through foundation walls, basement floors or underground pipes.
[Added 12-20-2005 by Ord. No. 2005:32]
A channel in which a flow of water occurs, either continuously
or intermittently.
A.
Use of public sewers required.
(1)
It shall be unlawful for any person to place, deposit
or permit to be deposited in any unsanitary manner upon public or
private property within the Township or in any area under the jurisdiction
of the Township any human or animal excrement, garbage or other objectionable
waste except in approved sanitary landfill areas as licensed by the
State and Township Health Departments.
(2)
It shall be unlawful to discharge to any natural outlet
or storm sewer within the Township or in any area under the jurisdiction
of the Township any sanitary sewerage, industrial wastes or other
polluted waters except where suitable treatment has been provided
in accordance with subsequent provisions of this chapter.
B.
Suitable connections to sewer required. The owners
of all houses, buildings or properties used for human occupancy, employment,
recreation or other purpose 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 or combined sewer
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.
C.
Exemption from connections.
(1)
The owners of all houses, buildings or properties required to connect to public sewers pursuant to Subsection B hereof may be exempted from such connection by the Township Council upon a showing by the property owner of a serious hardship. Factors to be considered in establishing a serious hardship include, but are not limited to, the following:
(2)
The Township Council shall act upon each request for
an exemption following receipt of recommendations from the appropriate
Township agencies and officials responsible for enforcing connection
to the public sewers.
A.
Prohibitions.
(1)
No person shall discharge into any public sewer of
the Township any waste, substance or waters other than such kinds
or types of waters or water-carried wastes for the conveyance of which
the particular public sewer is intended, designed or provided.
(2)
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, cooling water, air-conditioning and refrigerating waste
waters, or unpolluted industrial process waters to any sanitary sewer.
(4)
Except as hereinafter provided, no person shall discharge
or cause to be discharged any of the following described waters or
wastes to any public sewer:
(a)
Any liquid or vapor having a temperature higher
than 150º F.
(b)
Any water or waste which may contain more than
100 parts per million by weight of fat, oil or grease.
(c)
Any gasoline, benzene, naphtha, alcohol, tar,
fuel oil or other flammable or explosive liquid, solid, gas or vapor.
(d)
Any garbage except properly shredded garbage.
(e)
Any ashes, cinders, stones, sand, mud, straw,
shavings or sawdust, metal, sticks, coarse rubbish, glass, rags, feathers,
plastics, waste rubber, animal guts or tissues, entrails, blood, hair,
hides, wood, paunch manure or any other substance likely to damage,
destroy or cause an obstruction to the flow in any sewer or which
may interfere with the proper operation of the sewerage works.
(f)
Any waters, sewerage or wastes having a pH lower
than five or higher than nine or having any other corrosive or detrimental
property capable of causing damage or hazard to the sewerage works
or personnel.
(g)
Any waters or wastes containing a toxic, poisonous
or radioactive substance in sufficient quantity to injure or interfere
with any sewerage treatment process or to constitute a hazard to humans,
animals or marine life or create any hazard in the receiving waters.
The following toxic or poisonous substances shall not be present in
any appreciable quantity of industrial or commercial process discharges
in excess of the following limits in mg/l (milligrams per liter) by
weight:
[1]
Cyanides: 1 mg/l.
[2]
Copper, zinc, nickel, cadmium, iron, chromium,
lead, tin, silver, mercury or other metals or the salts thereof: 5
mg/l.
[3]
Radioactive wastes or materials may be discharged
into a public sewer if Conditions I and II below are met and if either
Condition III or IV is also met, provided that such discharges have
also been approved by any and all local, state and federal regulatory
agencies having jurisdiction:
[a]
Condition I: Such wastes must be readily soluble
or dispersible in water;
[b]
Condition II: The gross quantity of all radioactive
materials so discharged must not exceed one curie per year;
[c]
Condition III: The daily quantity of any radioactive
material, if diluted by the average daily volume of sewerage discharged
into the system from the installation, must not exceed the maximum
concentrations allowed by regulations of the United States Atomic
Energy Commission;
[d]
Condition IV: Daily quantities of radioactive
materials up to the maximum permitted by the United States Atomic
Energy Commission may be so discharged, provided that the total monthly
quantities if diluted by the average monthly volume of sewerage discharged
from the installation do not exceed the concentrations permissible
under III above.
(h)
Any noxious or malodorous gas, vapor or substance
capable of creating a public or private nuisance.
(5)
The admission in the public sewers of any waters or
wastes having:
(a)
A five-day biochemical oxygen demand greater
than 1,000 milligrams per liter by weight; or
(b)
Containing more than 1,000 milligrams per liter
by weight of suspended solids;
(c)
Containing any quantity of substances having the characteristics described in Subsection A(4); or
(d)
Having a chlorine demand of more than 15 milligrams
per liter by weight; or
(e)
Having an average daily flow greater than 2%
of the average daily sewerage flow of the Township; shall be subject
to the review and approval of the Sewer Superintendent.
(6)
Where necessary, in the opinion of the Sewer Superintendent,
the owner shall provide, at his expense, such preliminary treatment
as may be necessary to:
(a)
Reduce the biochemical oxygen demand to 1,000
milligrams per liter, the suspended solids to 1,000 milligrams per
liter by weight and the chlorine demand to 15 milligrams per liter
by weight; or
(b)
Reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection A(4); or
(c)
Control the quantities and rates of discharge
of such waters or wastes.
(7)
Plans, specifications and any other pertinent information
relating to proposed preliminary treatment facilities shall be submitted
for the approval of the Sewer Superintendent and of any or all state
regulatory agencies having jurisdiction, and no construction of such
facilities shall be commenced until the approvals are obtained in
writing.
B.
Determination of exclusion of wastes. In determining
whether any waste discharged or proposed to be discharged into any
public sewer is to be excluded, consideration will be given to the
quantity, time or times, rate and manner of discharge, dilution and
character of the waste in question, the size of the sewer into which
the waste is to be discharged, the probable quantity of sewerage or
other wastes likely in the sewer and other pertinent facts. Minute
quantities of a waste which would be objectionable in larger quantity
may be accepted if sufficiently diluted when and as discharged or
if the quantity discharged is small as compared with the flow in the
receiving sewer; but any permission to discharge minute quantities
of an otherwise excluded waste shall be revocable at any time by the
Sewer Superintendent.
C.
Pretreatment facilities.
(1)
At all premises where wastes or substances specified
to be excluded from public sewers by these regulations are present
and liable to be discharged directly or indirectly into the sewers,
suitable and sufficient piping layouts, oil, grease, sand and flammable
waste traps or separators, screens, settling tanks, diluting devices,
storage or regulating chambers, treatment, cooling or other equipment
and devices shall be provided. These shall be maintained and properly
operated by the owner of the premises or his agent at his expense
to insure that no waste or substance is discharged in violation of
the requirements of these regulations.
(2)
Such facilities for pretreatment of wastes or waters
discharged to public sewers shall be approved by the Sewer Superintendent
and by any or all state regulatory agencies having jurisdiction. The
Sewer Superintendent or state agencies may require of an owner installing
pretreatment facilities plans, specifications and a description of
the proposed facilities.
(3)
On premises where any of the waste or substances as
described in this subsection are present, the Sewer Superintendent
may require the owner to provide, operate and maintain at the owner's
expense a sampling well, flow measuring devices, manholes or other
appurtenances all readily accessible on the building sewer or drain
from the premises near the point where the sewer or drain connects
to the public sewer. By means of such sampling well, flow measuring
devices or other appurtenances, the owner, occupants of the premises,
the Sewer Superintendent or any public officer having legal jurisdiction
may secure samples of or examine the wastes being discharged into
the public sewer for the purpose of determining compliance or noncompliance
with the requirements of these regulations.
(4)
The Sewer Superintendent or his duly authorized representative
shall have the right to enter and inspect any part of the premises
served by public sewers upon which there may be reason to believe
that violations of the requirements of these regulations have occurred
or are likely to occur for the purpose of ascertaining the facts as
to such violation or suspected violation, obtaining samples of wastes
or of inspecting flow measuring devices or treatment facilities provided
to prevent prohibited discharges.
D.
Measurements of sewerage. All measurements, tests
and analyses of the characteristics of waters and wastes to which
reference is made in this section shall be determined in accordance
with Standard Methods for the Examination of Water and Sewerage. 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 house connection is connected.
E.
Special agreements or arrangements.
(1)
No statement contained in this section shall be construed
as preventing any special agreement or arrangement between the Township
and any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the Township for treatment
subject to payment therefor by the industrial concern.
(2)
No statement contained in this section shall be construed
as preventing any special agreement or arrangement between the Township
and any sewer district for treatment, subject to payment therefor
by the sewer district.
No person shall discharge or cause to be discharged
into any public sewer, either directly or indirectly, any overflow,
effluent or cleanings from a septic tank, cesspool, subsurface drainage
trench, bed or filter or other receptacle storing organic waste nor
shall any overflow, effluent or cleanings from a septic tank, cesspool,
subsurface drainage trench, bed or filter or other receptacle storing
organic waste be deposited or treated in the Township sewerage treatment
plant.
Connections, alterations or repairs to any public
sewer or the manholes or other appurtenances of the sewer system in
the Township shall not be made by any person without a permit issued
by the Sewer Department. No unauthorized person shall open the cover
of, enter or alter any manhole or other appurtenance of any public
sewer; place or insert in any public sewer or its appurtenances 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 any public sewer or its appurtenances.
A.
Classes of permits; information required.
[Amended by Ord. No. 97:19]
(1)
There shall be two classes of permit for sewers:
(2)
The application shall state the location and character of the work to be performed; the person granted permission to perform such work; the time limit for completion of the work; the general character of the wastes which are or may be discharged into the sewer in question; and any other pertinent information or conditions. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Sewer Superintendent. A permit and inspection fee of $150 shall be paid to the Township Sewer Department at the time an application for a sewer connection permit is filed. This fee shall be in addition to the connection charge established by § 329-14 of this chapter.
B.
Expenses to be borne by owner. All costs and expense
incident to the installation and connection of the property owner's
connection shall be borne by the owner. All property owner's connections
shall be maintained by the owner of the property served.
C.
Suspension of permit. Any person may be suspended
or terminated by the Sewer Superintendent on written notice of the
permittee for violation of the conditions thereof or for any violation
of the requirements of these regulations or for other reasons in the
public interest.
Those authorized to perform sewer work. Only
the following person or persons shall construct, repair, alter or
remove building drains, property owner's connections or make connections
therefrom to a public sewer:
A.
Regular forces of the Township or a contractor employed
by the Township;
B.
Any person who shall have been licensed by the Office
of Health to perform work of this type during the period provided
by the license and under the conditions of the license. Such persons
shall be called "licensed drain layers"; however, it is not the intent
of this section to restrict the usual work of licensed plumbers or
others working in accordance with any local plumbing and building
codes. Only licensed plumbers shall work on pipes within and not more
than five feet outside the walls of any structure, provided that no
connection to a public sewer shall be made by such persons without
a permit from the Sewer Department irrespective of the distance of
the public sewer to the structure in question. All drains shall be
connected by licensed plumbers and others in conformity with the requirements
of these regulations as to what may or may not be discharged into
public sewers.
[Amended 12-20-2005 by Ord. No. 2005:31]
The following requirements of this section shall apply to any person licensed to do sewer work and who has a sewer permit to do such sewer work as provided in §§ 329-9 and 329-10 of these regulations:
A.
Old building sewers. Old building sewers may be used
and connected to a public sewer when serving new buildings only when
they are found on examination or test by the Sewer Superintendent
to meet all requirements of this section. The Sewer Superintendent
may require where indicated the uncovering of old sewers for inspection.
B.
Separate property owner's connection. A separate and
independent property owner's connection provided for every building
unless authorized by special agreement with the Township Council.
C.
Requirement for plumbing system. No building shall
be connected to a public sewer unless the plumbing system of the building
has a soil vent pipe extended to a point above the roof. The plumbing
inspector may require that no running trap, main house trap or other
device which might prevent the free flow of air throughout the whole
course of the building sanitary system, building drain and the soil
vent pipe will be allowed.
D.
Requirements for property owner's connection. The
property owner's connection shall be cast iron soil pipe; vitrified
clay sewer pipe; good quality concrete pipe, asbestos-cement pipe;
plastic pipe; or other suitable material approved by the Sewer Superintendent.
All pipe materials shall conform with the latest standard specifications
of the ASTM as approved by the Sewer Department. Any part of the property
owner's connection that is located within 10 feet of a water service
pipe shall be constructed of cast iron soil pipe with leaded joints.
Water service and property owner's connections shall be laid in separate
trenches. Cast iron pipe with leaded joints may be required by the
Sewer Superintendent where the property owner's connection is exposed
to damage by tree roots. If installed in filled or unstable ground,
the property owner's connection shall be of cast iron soil pipe, except
that nonmetallic material may be accepted if laid on a suitable concrete
bed or cradle as approved by the Sewer Superintendent. No property
owner's connection shall be located within five feet of a cellar drain
or groundwater drain unless pipe is of cast iron with leaded joints.
E.
Size and slope of property owner's connection. The
size and slope of the property owner's connection shall be subject
to the approval of the Sewer Superintendent, but in no event shall
the diameter be less than four inches. The slope of such four-inch
pipe shall be not less than 1/8 inch per foot.
F.
Below level drains. In all buildings where the building
drain is too low to permit gravity flow to the public sewer, sewerage
or other waste waters carried by such drain shall be lifted by approved
artificial means and discharged to the property owner's connection
through a cast iron force main. All building drains, whether force
mains or gravity lines, shall be of cast iron soil pipe from the inner
face of the building wall to the point of connection with the property
owner's connection and shall be made gastight and watertight by a
method approved by the Sewer Superintendent.
G.
Approval of excavations. All excavations required
for the installation of a building sewer shall be open trench work
unless otherwise approved by the Sewer Superintendent. Whenever possible,
the property owner's connection shall be brought to the building at
an elevation below the basement floor. No property owner's connection
shall be laid parallel to or within three feet of any bearing wall
which might thereby be weakened. The depth of the property owner's
connection shall be sufficient to afford protection from frost, and
in general such depth shall not be less than three feet below the
finished ground surface at all points. All property owner's connections
shall be laid at uniform grade and in straight alignment in so far
as possible. Changes in direction shall be made only with properly
curved pipe and fittings. Property owner's connections shall be laid
on firm, undisturbed soil or a suitable foundation; they shall be
located at a sufficient distance from other partial pipes to permit
alterations or repairs to any such pipes or the sewer pipe without
disturbing the other; they shall be well cleared inside after laying;
and they shall conform to all reasonable requirements for good construction.
Backfill placed over property owner's connections shall be done with
hand tools to a depth of at least one foot over the pipe, using fine
earth free from stones and rubbish. Backfill shall be well and carefully
tamped over the sewer. The open ends of property owner's connections
and building drains shall be kept closed or protected during construction
and during periods when work is suspended in order to exclude from
the public sewer all water or debris which might obstruct, damage
or otherwise be detrimental to the public sewer or sewerage works.
Abandoned property owner's connections or drains shall be likewise
promptly closed and sealed off from any public sewer at the expense
of the owner of the property.
H.
Joints and connections. All joints and connections
for or between property owner's connections building drains shall
be made gastight and watertight to wit:
(1)
Cast iron pipe joints shall be firmly packed with
oakum or hemp and filled with molten lead, Federal Specification QQ-L-156,
not less than one inch deep. Lead shall be run in one pouring and
caulked tight. No paint, varnish or other coatings shall be permitted
on the jointing material until after the joint has been tested and
approved.
(2)
All joints in vitrified clay pipe, concrete pipe,
asbestos cement pipe, other approved pipe or between such pipes and
metals shall be made with rubber or similar gaskets. Hot poured jointing
materials or cement mortar shall not be approved.
(4)
The connection of the property owner's connection
into the public sewer shall be made at the Y-branch if such branch
is available at a suitable location. If the public sewer is 12 inches
in diameter or less and no properly located Y-branch is available,
the owner shall, at his expense, install a Y-branch in the public
sewer at the location specified by the Sewer Superintendent. Where
the public sewer is greater than 12 inches in diameter and no properly
located Y-branch is available, a neat hole may be cut into the public
sewer to receive the house connection with entry in the downstream
direction at any angle of about 45º. A forty-five-degree ell
may be used to make such connection with the spigot end cut so as
not to extend past the inner surface of the public sewer. Where street
sewers are of asbestos cement sewer pipe, the connection may be made
with a cast iron saddle in the event that no fitting is available
on the street sewer. The invert of the house connection at the point
of connection to twelve-inch diameter sewers or larger shall be connected
to either match the center lines of such street sewers or be higher.
A smooth, neat joint shall be made and the connection made secure
and watertight by encasement in concrete. Special fittings may be
used for the connection only when approved by the Sewer Superintendent.
I.
Notification of Sewer Superintendent. When the property
owner's connection trench has been excavated, the property owner's
connection repaired, altered or constructed and is ready for inspection
and connection to the public sewer, the Sewer Superintendent shall
be notified during regular working hours not less than 24 hours in
advance of the time when the connection to the public sewer is planned.
The connection of the property owner's connection to the public sewer
shall be made under the supervision of the Sewer Superintendent, and
a record of all the connections shall be kept by him. A written clearance
to backfill shall be given the drain layer at this time. If any person
constructs, installs, alters or repairs any property owner's connection
or drain connecting with a public sewer in the Township in violation
of this chapter or fails to give adequate notice to the Sewer Superintendent
for an inspection of the work, the Sewer Superintendent may order
all or any portion of the work to be uncovered for inspection and
approval.
J.
Riser openings. Sewer inspection riser openings for
property owner's connections shall be placed at the end of the four-inch
house connection line. The riser shall be of cast iron, at least four
inches in diameter and shall be set up on a tee opening in the property
owner's connection (Y-connection not permitted), the tee to be encased
in concrete. The top of the riser shall be placed flush with the ground
surface encased in a two-foot-square by one-foot-deep concrete collar
block and shall be fitted with a brass screw cap.
K.
Guarding of circulation. All excavations for sewer
installations shall be adequately guarded with barricades and lights
so as to protect the public from hazard.
L.
Maintenance of connections. The house connections
shall be maintained by the Sewer Department. The property owner's
connection shall be maintained by the property owner.
M.
Implication of Township ownership. The installation
of a public sewer system in any street, lane, road, etc., by the Township
or by others shall not imply Township ownership or acceptance of such
streets, lanes, roads, etc., unless and until they otherwise comply
with Township requirements for acceptance, ownership and maintenance.
N.
Violation. If any person, after proper order or direction
from the Sewer Superintendent, fails to remedy any violation of this
chapter or of any other article of these regulations, the Sewer Superintendent
may disconnect the property owner's connection on the property where
the violation exists from the public sewer and may collect the cost
of making such disconnection from any person or persons responsible
for, or willfully concerned in or who profited by such violation of
the requirements of these regulations.
[Amended 12-20-2005 by Ord. No. 2005:32; 12-20-2005 by Ord. No. 2005:33]
A.
Plans for method of ground drainage and sewerage disposal.
The developer of a property subdivision within the Township shall
submit to the Sewer Superintendent and to any other local or state
agency or officer having jurisdiction the proposed method of providing
for sewerage disposal in the development. The method proposed shall
be indicated on the tentative plat plan or separate plan showing gradient
and datum lines, together with specifications or descriptive information
so as to clearly indicate the functioning and construction of the
layout. A performance bond in the amount of the construction costs
estimate shall be posted by the developer with the Township Clerk
guaranteeing satisfactory performance of the developer's work. No
building permits shall be issued to any developer of subdivisions
until the sewerage disposal layout has been approved by the Sewer
Superintendent and by any other local or state agency or officer having
jurisdiction and until agreement has been entered into.
B.
Construction of sewer laterals. In cases where a developer
of a property subdivision plans the construction of sewer laterals
in the streets of the development, the developer shall furnish at
the time the plans for such laterals as submitted for approval a maintenance
bond, issued by a bonding company acceptable to the Sewer Superintendent
and of a value of 5% of the estimated cost of the proposed sewers,
but in no case for less than $1,000, guaranteeing for a term of one
year the correction of any defects in the sewer system, including
leaks or excessive infiltration in the street sewers, manholes and
building sewers, upon written notice of such defects from the Sewer
Superintendent.
C.
Sewerage pumping stations. In cases where a developer
of a property subdivision has received approval of Township Council
for the construction of a sewerage pumping station in conjunction
with a system of street sewers, the plans and specifications for such
pumping stations shall be submitted to and approved by the Sewer Superintendent
and by any state agency having jurisdiction prior to the construction
of the pumping station.
D.
Backfill with unapproved material prohibited. The
installation of all sewer lines and their appurtenances shall not
be backfilled with unapproved material. Sand material shall be used
after approval for same is obtained and after written certification
of approval for the installation of the sewer line and their appurtenances
by the Sewer Superintendent or his authorized representative.
E.
Position of riser openings. Sewer inspection riser
openings for property owner's connections shall be placed at the end
of the four-inch house connection line. The riser shall be of cast
iron at least four inches in diameter and shall be set up on a tee
opening in the property owner's connection (Y-connection not permitted),
the tee to be encased in concrete. The top of the riser shall be placed
flush with the ground surface encased in a two-foot-square by one-foot-deep
concrete collar block and shall be fitted with a brass screw cap.
A.
Permit for use, etc. No unauthorized person shall
uncover, make any connections with or opening into, use, alter or
disturb any public sewer or appurtenance therefor without first obtaining
a written permit from the Sewer Department.
B.
Application to be made. Application for public sewer
service must be made on forms prescribed by the Sewer Department and
signed by the owner of the property or his authorized agent. Signing
of the application signifies assent to all of the rules, regulations
and schedules of public sewer fees, rentals and charges of the Sewer
Department. The Township Council shall, as circumstances warrant,
fix all public sewer fees, rentals and charges. The owner of each
building connected to the public sewer system shall be responsible
for the payment of bills rendered by the Sewer Department for sewer
service. All sewer rentals, fees and other charges incurred in the
installation of the laterals and house connection are a lien against
the property until paid. All bills for sewer service will be rendered
quarterly. The amount charged shall be due on the date of the rendering
of the bill. If bills are not paid within 30 days from that date,
interest at 8% will be added from the date the bill is rendered, and
the Township shall take such steps for collection as are provided
by the statutes.
C.
House connections subsequent to original installation.
[Amended by Ord. No. 97:19]
(1)
Any house connection made after the original installation
of the public sewer, including the making of the tap to the public
sewer and the excavation, backfilling and resurfacing of the trench
from the public sewer to two feet inside the curbline, will be done
by the Sewer Department at the expense of the applicant.
D.
Separate and independent house connection. A separate
and independent house connection shall be provided for:
(1)
Each building under one roof owned by one party and
occupied as one business or residence; or
(2)
A combination of buildings owned by one party in one
common enclosure occupied by one family or business; or
(3)
The one side of a building having a solid vertical
partition wall making it capable of divided ownership. A building
owned by one party containing more than one store, apartment or office
may be supplied by one or more house connections at the discretion
of the Engineer.
E.
Cost of installation may be assessed as a lien. The
cost of installing a public sewer system in any existing street, lane,
road, etc., may be assessed in whole or part against property owners,
including real estate developers, benefiting by such installation,
except that where a sewer in excess of 10 inches in diameter is installed
to provide for future extension, it shall be made by special agreement
with the Township Council.
F.
Connection.
[Amended by Ord. No. 87:53]
(1)
When sewer is available, it will be mandatory for
adjoining property owners to hook up within 90 days. Any septic tanks,
cesspools and similar individual sewage disposal facilities which
may be in existence at the time of connection shall be abandoned and
filled with suitable material.
(2)
The capacity charge shall become due and payable upon
delivery of the certificate of occupancy or service.
G.
Rate of infiltration. The rate of infiltration shall
not exceed 10 gallons per inch diameter per mile per hour.
H.
Changes shall be initiated by Township Council. Extensions
to or changes in the existing public sewer system may be initiated
by the Township Council, the Sewer Department, by petition from property
owner or by application from a real estate developer. If such extension
or change is deemed advisable by the Township Council, the Township
Council will prescribe the terms and conditions under which such extension
shall be made and shall require written acceptance thereof by the
petitioners or applicant.
[Amended by Ord. No. 96:29; Ord. No. 97:19; Ord. No. 98:6; Ord. No. 2000:30; Ord. No. 2001:08]
A.
Single-family residential. The following sewer connection
fees for a three-or-more-bedroom single-family residential use are
hereby established for the following years:
[Amended 6-18-2002 by Ord. No. 2002:21; 2-25-2003 by Ord. No. 2003:05; 4-27-2004 by Ord. No. 2004:11; 1-11-2005 by Ord. No. 2004:38; 5-18-2010 by Ord. No. 2010:09; 9-20-2011 by Ord. No. 2011:17; 5-14-2013 by Ord. No. 2013:09; 9-26-2017 by Ord. No. 2017:23]
|
Year
|
Amount
|
|---|---|
|
2017
|
$4,496.15
|
|
2013
|
$4,099.24
|
|
2011
|
$4,231.74
|
|
2010
|
$4,366.46
|
|
2005
|
$1,696.62
|
|
2004
|
$3,773.00
|
|
2003
|
$3,593.00
|
|
2002
|
$3,505.00
|
|
2001
|
$3,381.00
|
|
2000
|
$3,263.00
|
|
1999
|
$3,512.00
|
B.
Uses other than single-family residential. Sewer connection
fees for other than three-or-more-bedroom single-family residential
shall be based upon a computation for utilizing the above charge multiplied
by the equivalent number of single-family units contributing the same
flow to the system and in accordance with the following standards:
(1)
Design flow rate for one single-family dwelling with
three or more bedrooms is 135 gallons per day.
[Amended 4-17-2018 by Ord. No. 2018:03]
(3)
In any case where the design flow cannot be reasonably
established, using Schedule A as a guide, the Township shall determine
the design flow by such means as are, in its opinion, fair and equitable.
(5)
If an exempt facility is converted to a use other
than one of those enumerated, the nonexempt use shall be subject to
a connection fee according to Schedule A.
C.
Calculation of fee. The sewer connection fee shall
be calculated to reflect the actual cost of the physical connection
plus an amount computed in the following manner to represent a fair
payment toward the cost of the system:
(1)
The amount representing all debt service, including
but not limited to sinking funds, reserved funds, the principal and
interest on bonds and the amount of any loans and the interest thereon,
paid by the Township to defray the capital cost of developing the
system as of the end of the immediately preceding budget year shall
be added to all capital expenditures made by the Township not funded
by a bond ordinance or debt for the development of the system as of
the end of the immediately preceding budget year.
(2)
Any gifts, contributions or subsidies to the Township
received from, and not reimbursed or reimbursable to, any federal,
state, county or municipal government or agency or any private person,
and that portion of amounts paid to the Township by a public entity
under a service agreement or service contract which is not repaid
to the public entity by the Township shall then be subtracted.
(3)
The remainder shall be divided by the total number
of service units served by the Township at the end of the immediately
preceding budget year, and the results shall then be apportioned to
each new connector according to the number of service units attributed
to that connector. In attributing service units to each connector,
the estimated average daily flow of sewage for the connector shall
be divided by the average daily flow of sewage to the average single-family
residence of three or more bedrooms in the area served by the Township
to produce the number or service units to be attributed.
D.
Annual recomputing of fee. The sewer connection fee
shall be recomputed annually at the end of each budget year, and a
public hearing shall be held by the Township Council prior to its
adoption. The revised connection fee may be imposed upon those who
subsequently connect in that budget year to the system.
E.
Payment required prior to connection. All sewer connection
fees as outlined under this subsection shall be paid to the Parsippany-Troy
Hills Township Utility prior to any connection being made to the Township's
system and/or prior to the issuance of a certificate of occupancy.
F.
To the fullest extent authorized by law,
a property connected to the public sewer in the Township that does
not have a new physical connection to the public sewer but is subject
to an addition, alteration or change in use which materially increases
the demand from such property on the public sewer system shall be
assessed a new connection fee based upon the amount by which the increased
demand on the public sewer system exceeds the demand prior to the
addition, alternation or change.
[Added 12-17-2019 by Ord. No. 2019:69]
[Amended by Ord. No. 96:29; Ord. No. 97:19; Ord. No. 98:6; Ord. No. 2000:30; Ord. No. 2001:08; 5-14-2013 by Ord. No. 2013:09; 9-26-2017 by Ord. No. 2017:23]
Sewage flow for any given type of occupancy
varies widely depending on the nature of the occupancy. The following
chart lists values used to determine sewage flow for the types of
occupancies shown:
|
Type of Establishment
|
Measurement Unit
|
Gallons per Day
|
|---|---|---|
|
House/Townhouse/
Apartment/Condo
| ||
|
1 Bedroom
|
Dwelling
|
67.50
|
|
2 Bedroom
|
Dwelling
|
101.25
|
|
3 Bedroom
|
Dwelling
|
135
|
|
Office/shopping center
|
Square foot
|
0.1
|
|
Hotels
|
Bedroom
|
75
|
|
Motels
|
Bedroom
|
60
|
|
Mobile van campground
|
Site
|
100
|
|
Schools
| ||
|
No cafeteria/showers
|
Student
|
10
|
|
Cafeteria/showers
|
Student
|
20
|
|
Restaurants
| ||
|
Average
|
Seat
|
35
|
|
Fast-food
|
Seat
|
15
|
|
Twenty-four-hour
|
Seat
|
50
|
|
Bars
|
Seat
|
20
|
|
Institutions
|
Bed
|
175
|
|
Nursing homes
|
Bed
|
125
|
|
Miscellaneous
| ||
|
Picnic parks
|
Person
|
10
|
|
Municipal buildings
|
Square feet
|
0.1
|
|
Banquet halls
|
Person
|
20
|
|
Assembly halls
|
Seat
|
3
|
|
Nonresident clubs
|
Member
|
35
|
|
Resident clubs
|
Member
|
75
|
|
Firehouse/first aid
|
Member
|
35
|
|
Laundromats
|
Machine
|
580
|
|
Gas stations
| ||
|
Service bays
|
Bay
|
50
|
|
Fill positions
|
Fill position
|
125
|
|
Mini markets
|
Square feet
|
0.1
|
|
Factory/warehouse
|
Employee
|
25
|
A.
Construction to comply with established specifications.
Whenever the Planning Board of the Township Council shall require
the installation of a compact sewage treatment plant within any of
the building zones of the Township to serve more than one owner or
tenant, such compact sewage treatment plant shall be constructed according
to specifications to be established and supplied by the Health Officer,
Manager and Engineer.
B.
Application. All applications to the New Jersey State
Department of Health for the approval of such compact sewerage treatment
plants shall be made in the name of and shall be processed by the
Township, and the approval of the New Jersey State Department of Health
shall be obtained by the Township.
C.
Contract with Township. At or before the time of filing
by the Township for such approval by the New Jersey State Department
of Health, the applicant for site plan approval or tentative subdivision
approval, referred to as "applicant" hereinafter, shall enter into
a contract with the Township requiring the applicant to construct
the compact sewerage treatment plant in accordance with the plans
and specifications therefor and requiring the applicant to file a
performance bond or guaranty in an amount equivalent to the reasonable
cost of the proposed compact sewerage treatment plant and all of its
necessary appurtenances. The reasonable cost is to be determined by
the Engineer. The form and sufficiency of the bond shall be subject
to the approval of the Attorney, and the term of the bond shall be
for the life of the contract or any extension thereof between the
Township and the applicant and shall be conditioned upon the applicant's
full compliance with all Township ordinances and regulations governing
the installation of the same and of the faithful performance of the
terms of the agreement with the Township.
D.
Bond. The contract referred to in Subsection C shall also require the applicant to file with the Township a maintenance bond in an amount equivalent to 25% of the actual cost of the compact sewerage treatment plant and all of its necessary appurtenances. This bond shall be approved as to form and sufficiency by the Attorney and shall be filed with the Township Council at the time that certification is made by the Engineer and the Health Officer that the compact sewerage treatment plant and all of its necessary appurtenances have been completely installed in accordance with the plans and specifications and are ready for operation. This maintenance bond shall be expressly conditioned upon the maintenance by the applicant of the compact sewerage treatment plant and all of its necessary appurtenances for a period of one year from the date that title to the compact sewerage treatment plant is transferred to the Township as hereinafter provided, and shall guarantee the remedying of any defects in the compact sewerage treatment plant which shall occur during the one-year period. The applicant shall also secure a warranty from the manufacturer of the compact sewerage treatment plant for the sole benefit of the Township to protect the Township against defective parts and operation, the warranty to be in effect for a period of five years from the date that title to the compact sewerage treatment plant is transferred to the Township as hereinafter provided.
E.
Inspections. The installation of the compact sewerage
treatment plant and all of its necessary appurtenances shall be inspected
by the Engineer and the Health Officer and they may require appropriate
field changes to be made during installation and prior to the transfer
of title to the Township as hereinafter provided.
F.
Title of sewerage treatment plant. The contract referred to in Subsection C shall also require the applicant to transfer title to the Township of the compact sewerage treatment plant and all of its necessary appurtenances, including a conveyance of the real property upon which the plant is constructed by a duly executed instrument of conveyance in proper form, as approved by the Attorney upon the certification in writing by the Engineer and the Health Officer to the Township Council that the compact sewerage treatment plant and all of its necessary appurtenances have been constructed in accordance with the plans and specifications therefor and are operating in a manner satisfactory to the Engineer and Health Officer. Such conveyance shall include an easement or right-of-way required by the Township to operate the compact sewerage treatment plant.
G.
Minimum criteria. The following minimum criteria for
design standards is established for compact sewerage treatment plants:
100 gallons per person per day in garden apartments as well as individual
homes.
(1)
The number of persons to be used in computation shall
be as follows:
H.
Filtering. The Township requires filtering of effluent
from compact sewerage treatment plant prior to its disposal into streams.
The filter criteria for design shall comply with the rules and regulations
of the New Jersey State Department of Health.
A.
Connection to Township sanitary sewer system. The
sewer rental fees and charges for all facilities within the Township
whose waste is being treated at the Township treatment plant without
regard to the ownership of the transmission lines shall be as follows:
[Amended by Ord. No. 93:20; Ord. No. 94:12; Ord. No. 95:47; Ord. No. 99:40; Ord. No. 2000:45; 6-18-2002 by Ord. No. 2002:22; 4-29-2003 by Ord. No. 2003:08]
(1)
Fees attributable to debt, billing and administrative
charges. The minimum quarterly charge per unit attributable to debt
service, administrative/billing cost is as follows:
[Amended 5-11-2004 by Ord. No. 2004:13; 5-9-2006 by Ord. No. 2006:06]
(a)
Single-family and multifamily residential dwelling:
$78 per quarter.
[Amended 12-18-2012 by Ord. No. 2012:48; 10-6-2020 by Ord. No. 2020:28; 12-20-2022 by Ord. No. 2022:37]
(b)
Mixed uses. For each premises, building or facility
used for both residential and professional or business uses, but serviced
through a single meter: $78.
[Amended 12-18-2012 by Ord. No. 2012:48; 10-6-2020 by Ord. No. 2020:28; 12-20-2022 by Ord. No. 2022:37]
(c)
Subsidized senior citizens housing projects. Each dwelling unit contained in a housing project limited to senior citizen residents which receives federal rent subsidies pursuant to Section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437 et seq., and is in compliance with the approval, authorization and requirements of the Public Housing and Development Authority of the Department of Community Affairs, pursuant to N.J.S.A. 55:16-1 et seq. and N.J.A.C. 5:13-1.1 et seq.: 50% of the minimum annual charge otherwise payable pursuant to Subsection A(1)(a) and (b) hereunder.
(d)
All other uses, including professional, business,
commercial, industrial and education: $7.85 per 1,000 gallons or part
thereof, per quarter, as recorded by the user's water meter.
[Amended 12-18-2012 by Ord. No. 2012:48; 10-6-2020 by Ord. No. 2020:28; 12-20-2022 by Ord. No. 2022:37]
(2)
Fees attributable to operation and maintenance charges.
[Amended 5-11-2004 by Ord. No. 2004:13; 5-9-2006 by Ord. No. 2006:06]
(a)
All users shall be subject to an additional
fee attributable to operation and maintenance charges in the amount
of $4.50 per 1,000 gallons of water or part thereof as recorded by
the user's water meter(s).
[Amended 10-6-2020 by Ord. No. 2020:28; 12-20-2022 by Ord. No. 2022:37]
(b)
Any residential property (excluding any such
property that qualifies as a mixed use property) which does not have
a separate irrigation meter shall be granted a twenty-five-percent
reduction in this rate, and any apartment complexes shall be granted
a five-percent reduction in this rate.
(3)
Water meters required. All users connected to the sanitary sewer system shall have a water meter(s) installed at the source of the water entering the system, shall provide access to the Township for purposes of reading the meter(s) and shall pay the applicable fees set forth in Subsection A(1)(a) and (b) above. Failure to install the required water meter(s) will result in a sewer bill based upon an average estimated daily flow for each category of use as set forth in § 329-15, Schedule A: Criteria for Future Sewage Flow.
(4)
Annual review of charges. The Township shall review
the user charges at least annually and shall revise the rates as necessary
to ensure that adequate revenues are generated in order to pay the
costs of operation and maintenance, including replacement costs, and
that the system continues to provide for the proportional distribution
of operating and maintenance costs among classes of users. The Township
shall notify each user at least annually of the rate being charged
to cover operation and maintenance charges, including replacement
charges.
(5)
Industrial cost recovery. Industrial users shall be
subject to industrial cost recovery (ICR) charges to pay that portion
of the federal grant for new facilities allocable to the treatment
of wastes from such users.
(a)
Industrial users shall include those industries
as identified in the Standard Industrial Classification Manual, 1972,
which contribute industrial wastes to the sanitary sewer system and
shall not include those industries discharging wastes only from sanitary
conveniences.
(b)
The ICR program is applicable to the 12 MGD
expansion to the sewage treatment plant and to the Troy Meadow intercepting
sewer. The ICR period for these facilities shall be for a period of
30 years from October 4, 1976, to October 4, 2006.
(c)
The fees for the acceptance and disposal of
various waste materials and for testing at the Township wastewater
treatment plant shall be as follows:
[Added 6-20-2006 by Ord. No. 2006:12[1]]
|
Type of Waste or Service
|
Range of Rate or Charge
|
|---|---|
|
Municipal sewage treatment plant sludge (domestic)
less than 500,000 gallons/month
|
$0.07/gallon
|
|
Household domestic septage
|
$0.065 to $0.075/gallon
|
|
Contractual household domestic septage in excess
of 50,000 gallons/month
|
$0.050 to $0.055/gallon
|
|
Contracted household domestic septage in excess
of 300,000 gallons/month
|
$0.040/gallon
|
|
Contracted household domestic septage in excess
of 500,000 gallons/month
|
$0.035/gallon
|
|
Sludge with volatile solids concentration as
follows:
| |
|
Below 50%
|
$0.07 to $0.080/gallon
|
|
Below 40%
|
$0.07 to $0.08/gallon
|
|
Below 30%
|
$0.075 to $0.085/gallon
|
|
Below 20%
|
$0.09 to $0.10/gallon
|
|
Below 10%
|
$0.10 to $0.11/gallon
|
|
Leachate
|
$0.10 to $0.11/gallon
|
|
Leachate — contractual in excess of 5
million gallons/year
|
$0.02/gallon
|
|
Bagged bar-screen waste, domestic sewage
|
$5.00/bag
|
|
Laboratory fecal coliform testing
|
$8.00/test
|
|
Industrial process waste and high strength wastewater
|
See formula below
|
|
[(CBOD5 concentration in mg/l divided by 250 mg/l) X 0.002/gallon]
+ $0.10/gallon
| |
|
Where cBOD5 = Carbonaceous five-day biochemical oxygen demand
| |
|
Gray water
|
$0.02/gallon
|
[1]
Gray water is domestic wastewater that does
not contain human waste from toilets. The maximum parameters and limits
are as follows:
|
Parameter
|
Maximum
Concentration
| |
|---|---|---|
|
Ammonia nitrogen
|
20 mg/l
| |
|
Total suspended solids
|
215 mg/l
| |
|
CBOD5
|
200 mg/l
| |
|
Oil and grease (total)
|
100 mg/l
|
[1]
Editor's Note: This ordinance also provided
for the repeal of former Subsection A(5)(c) through (h).
(6)
Water from treatment of fats, oils and grease. Fees attributable
to treating the water produced from the treatment, filtering and/or
dewatering of fats, oils and grease (FOG) at the Township Wastewater
Treatment Plant site, excluding the treatment of FOG wastewater discharged
to the Township Wastewater Treatment Plant but not treated, filtered
and/or dewatered on the Township Wastewater Treatment Plant site:
[Added 4-19-2016 by Ord.
No. 2016:06]
(b)
If during any calendar month the monthly billing concentration
exceeds 6,000 mg/l, a surcharge of $0.001236 per gallon will be assessed
for each 1,000 mg/l or part thereof that exceeds 6,000 mg/l, provided
the NH3-N concentration is less than or equal
to 20 mg/l.
(c)
If during any calendar month the NH3-N
concentration exceeds 20 mg/l for any single sample, a surcharge of
$0.09270 per pound of NH3-N will be assessed
for all FOG wastewater discharged to the Township Wastewater Treatment
Plant during that month.
B.
Due date of fees. The fees hereinabove referred to
shall become payable to the Township on the date the certificate of
occupancy is issued in the case of single-family dwellings. In the
case of multifamily dwellings, the owner shall make application and
pay the sewer rental fees as the dwelling units are rented and prior
to their being occupied.
C.
Interest on late payments. Unpaid sewer rental fees
shall be subject to the same interest rate for late payments as unpaid
municipal taxes. Any sewer rental fees which are unpaid after 30 days
from the date of the sewer rental bill shall be subject to interest
for late payment.
[1]
Editor's Note: Former § 329-18, Wastewater treatment plant fee schedule, as amended, was repealed 6-20-2006 by Ord. No. 2006:12. See now § 329-17A(5)(c).
[Amended by Ord. No. 88:21]
No authorized person shall maliciously, willfully
or negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is part of a private
or public sewer system.
[Amended by Ord. No. 88:21]
The Manager, Engineer, Health Officer and other
duly authorized employees of the Township bearing proper credentials
and identifications shall be permitted to enter upon all properties
for the purpose of inspection, observation, measurements, sampling
and testing in accordance with this chapter.
[Amended by Ord. No. 88:21]
Any person found to be violating any provision of these regulations, except § 329-7, shall be served by the Township with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall within the period of time stated in such notice permanently cease all violations.
A.
Short title. This section shall be known and cited
as the "Sludge Composting Ordinance of the Township of Parsippany-Troy
Hills."
B.
Authority. This section is adopted pursuant to N.J.S.A.
26:3-31, Health and Vital Statistics, Local Boards of Health, General
Powers and Duties.
C.
Purpose. The provisions of this section are intended
to protect public health by establishing standards for the efficient,
environmentally sound siting, design, and operation of sludge composting
facilities and the safe transport, storage and use of process-related
materials.
D.
Scope. This section shall apply to the review of any
proposal to construct and operate any type of facility for the composting
of sludge and/or the storing of compost-related materials and to the
licensing of such a facility.
E.
AUTHORIZED REPRESENTATIVE(S)
BUFFER
BULKING AGENT
COMPOST
COMPOSTING
CONDENSATE
CURING
FACILITY
GROUNDWATER
LEACHATE
LICENSING AGENCY
PATHOGEN
SENSITIVE RECEPTORS
SLUDGE
Definitions. The following words and terms, when used
in this section, shall have the following meanings:
The Township Health Officer and/or the officer's designee.
An undeveloped, wooded or landscaped area of land used to
visually, acoustically, or otherwise separate or screen property from
adjacent sites.
A material mixed with sludge to provide moisture control
and porosity and enhance biodegradation.
A relatively stable, decomposed material resulting from the
process known as "composting."
A process of accelerated organic matter, decomposition based
on microbial activity and involving a spontaneous temperature increase.
Liquid that condenses from the air stream which passes through
the composting materials.
The later, slower stage of composting during which some additional
stabilization occurs but previous to which most of the readily biodegradable
material has been decomposed.
Any building site or property which is used for the purpose
of composting and/or for the storage of process-related materials.
The supply of fresh water under the earth's surface.
Water or any liquid which has passed through or been in contact
with composting materials.
The Parsippany-Troy Hills governing body acting as the Office
of Health.
[Amended 12-20-2005 by Ord. No. 2005:31]
Any biological agent capable of causing diseases.
Any individuals or groups which are particularly vulnerable
to health-threatening conditions or buildings or sites which by their
nature attract such individuals or groups.
Any solid, semisolid or liquid waste generated from a wastewater
treatment plant, water supply treatment plant, or air pollution control
facility exclusive of the treated effluent from a wastewater treatment
plant; in particular, the solid residue consisting of sewage solids
combined with water and dissolved materials in varying amounts.
F.
Licensing.
(1)
Agency. The authority to issue a license for the construction
and a license for the operation of a sludge composting facility shall
lie with the Township Office of Health. However, no license to construct
or operate such a facility shall be issued until the review and approval
by other appropriate departments of the plan and specifications.
[Amended 12-20-2005 by Ord. No. 2005:31]
(2)
Procedures.
(a)
Construction license.
[1]
Application. An applicant wishing to obtain
a license to construct a sludge composting facility within the Township
shall make application on forms prescribed by the Health Officer and
obtained from the Township Clerk. The forms shall be submitted to
the licensing agency with the prescribed fee and shall include the
following information:
[a]
Name of firm;
[b]
Name, title and phone number of
contact person;
[c]
Permanent business address;
[d]
If a partnership or joint venture
of a partnership, the names and addresses of all partners; if a corporation,
the names and addresses of all officers and all stockholders having
more than 10% of the corporation's stock;
[e]
Brief description of the proposed
project;
[f]
Description of the proposed site,
including block and lot numbers, size of property and adjacent property
owners;
[g]
Proof that the applicant owns or
controls the proposed site;
[h]
A statement of the applicant's
qualifications to construct and operate such a facility;
[i]
Any other data which the Township
may require.
[2]
Submission of accompanying documents.
[3]
Document guidelines.
[a]
Engineering designs and specifications.
The engineering documents submitted shall be prepared by a licensed
New Jersey professional engineer and shall include but not be limited
to:
[i]
A plot plan depicting legal boundaries
for which clear title is held by the applicant and/or the area leased
indicating total acreage, block and lot numbers and zoning designations
of the site and adjacent properties.
[ii]
A detailed topographic map of
the area depicting present site contours, all surface waters, streams,
ditches, swales, and other water bodies on or adjacent to the site,
surface drainage patterns, treelines, roads, and private and public
water supplies.
[iii]
A USDA Soil Conservation Service
soil survey map, detailing the site and surrounding properties, and
the appropriate soil properties information sheet. If less than total
enclosure is to be provided for storage, composting or curing, or
if the storage of leachate, condensate or runoff is planned, soil
borings of the property shall be provided on the following basis:
|
Acreage
|
Minimum No. of Borings
| |
|---|---|---|
|
1 to 10
|
4
| |
|
10 to 50
|
8
| |
|
50 to 100
|
14
| |
|
Borings must be concentrated in areas of concern
as defined by facility layout. Profiles shall be shown for each boring
giving the depths of each soil classification, the elevation of any
groundwater or aquifer encountered and the date each boring was taken.
| ||
[iv]
A site plan of the facility layout
on the property and drawings (including profile views) of all structures
and enclosures, showing height, width, and bulk dimensions. Dimensions
for unloading, storage (for bulking materials, sludge and compost),
processing, composting, curing, and loading areas; pavement, floor
and/or pad areas; and runoff wastewater and leachate control areas
shall be included. Building setbacks, side and rear distances between
the proposed structures and/or processing and treatment areas and
other existing and/or proposed structures, streets, parking areas
and site boundaries shall be indicated.
[v]
Interior floor plans showing the
layout, profile view and dimensions of the interior unloading, sorting,
storage, processing and loading areas as well as auxiliary areas such
as offices and employee facilities.
[vi]
A description of the proposed
process and operations at the facility, including but not limited
to: detailed specifications of all process steps (delivery, storage,
mixing, composting method, curing, screening, finishing, packaging);
the mix ratio of bulking agent to sludge and the bulk weight and porosity
of the mix; the period of time under which active composting is to
take place, the temperature to be reached and maintained within that
period, the rate of aeration afforded and the time frame for compost
curing; detailed provisions for leachate, condensate and runoff collection,
treatment and disposal; and methods and equipment to be employed for
odor, noise, dust, litter, vermin and pathogen control; also, equipment
specifications regarding make, model, manufacturer, processing capacity,
reliability, efficiency and design and operation criteria related
to the equipment's intended use; the number of equipment units proposed
for the facility; past operating performance at other installations
using the same methods; and the synchronization of equipment to insure
a smooth, uninterrupted process flow (if applicable).
[vii]
An identification of the source,
quantity and physical-chemical characteristics of all sludges to be
composted at the proposed facility, as well as of any bulking agent
to be used, including:
[A]
The type of processing carried
out at the sewage treatment plant source prior to dewatering (e.g.,
lime stabilization, digestion, long-term storage);
[B]
Dewatering processes, including
the equipment or technique used, the chemical reagent(s) employed,
and the solids achieved;
[C]
The projected volume of the sludge
to be directed to the facility by source, expressed on a dry-weight
basis and volume at the percentage solids delivered, identifying the
maximum, minimum and average delivery rates anticipated; and
[D]
Physical-chemical analysis of the
sludge from each source, in accordance with the Sludge Quality Assurance
Regulations, N.J.A.C. 7:14-4.1 et seq. (additional testing may be
required where conditions dictate), including a history of the sludge
quality and the fluctuations of characteristics and constituents.
[viii]
A comprehensive materials balance
for every handling and processing step from sludge and bulking agent
delivery scheduling to final product and residue removal from the
site, identity and quantity all process pollutants at each step.
[ix]
Provisions for the uninterrupted
flow of materials and for alternate processing, storage and/or disposal
in the event of facility overload, equipment malfunction, or market
failure.
[x]
A description of the on- and off-site
transportation system, including:
[A]
The number, type, and capacity
of vehicles to be involved in hauling bulking agents, sludge, compost
and process wastes to and from the site;
[B]
The number of employee vehicles;
[C]
Average and peak period trip frequency;
[D]
Access roads and their characteristics,
capacity, weight and height limitations, traffic density, and proximity
to sensitive receptors;
[E]
Entrance and exit points;
[F]
Loading and unloading areas;
[G]
Mechanisms to provide an even traffic
flow onto and off the site;
[H]
Means of controlling site access.
[xi]
Identification, location and description
of utilities to service the proposed facility, including but not limited
to, water treatment, sanitary sewers, water supply, energy and waste
disposal facilities.
[xii]
A grading and landscaping plan
delineating existing vegetation to be retained (including protective
methods to be employed during clearing, grading and construction phases
of the project) and new vegetation to be planted; information relating
to vegetation type, sizes, location, purpose (such as buffer, screening
or aesthetics) and schedules for planting; a soil erosion and sediment
control plan prepared in conformance with the applicable District
Soil Conservation Service requirements; detailed soil erosion and
sediment control measures; cross-sectional views of all control devices.
[xiii]
A description of health and
safety equipment, procedures and training to be provided to protect
the facility and the personnel during operations and in emergency
situations.
[xiv]
An operations and maintenance
manual for the composting operation.
[b]
Environmental analysis document.
The following information must be provided in detail; however, where
data has been provided in the engineering document, that document
may be referenced:
[i]
Project description. A detailed
description of the project will be provided which will include but
not be limited to the following:
[A]
A site map(s) locating the project
in a municipal and neighborhood setting and showing adjacent properties
with ownership and lot and block numbers, vegetative buffers, surface
water bodies, public institutions, community facilities, health care
facilities, parks, residences, and public and private water supplies
within a one-half-mile radius of the site, access routes and sensitive
receptors along these routes.
[B]
The purpose of and need for the
project.
[C]
A description of the system to
be used.
[D]
The reasons for selection of the
system, including its suitability to the material to be composted.
[ii]
Description of the environment.
[A]
A description of the physical conditions
of the site and the surrounding area, including, but not limited to:
geological features; soils; surface and groundwaters; topography,
including drainage patterns and floodway-flood hazard delineations;
climate and air quality; ambient acoustics.
[B]
A description of and location of
community resources in the area to be affected, including, but not
limited to: residential, educational, health care, cultural, religious,
and recreational land uses; transportation network servicing the site
(traffic flow patterns, volumes, impediments to traffic flow), any
planned changes, alternate routes; police, fire and emergency services;
public utilities.
[iii]
Description of the project impact.
An analysis of the potential impacts relating to health resulting
from any and all phases of project construction, transportation, operation,
storage and product use. This may involve effects upon water quality;
air quality; increases in noise, odor or pathogen levels; or exposure
of sensitive receptors to health-threatening conditions. Short- and
long-term impacts shall be identified.
[iv]
Methods of mitigating adverse
impacts. A detailed description of mitigating measures and technology
to be used to minimize the identified adverse impacts. This may include
equipment, design, or procedures which will allow the facility to
comply with applicable standards and regulations.
[v]
Unavoidable adverse impacts. A
discussion of the types and magnitudes of adverse impacts which cannot
be reduced to acceptable levels, their implications and reasons why
the project is being proposed despite these impacts.
[vi]
Alternatives. A discussion of
available alternatives to the project, including no action, other
technologies, and alternate scale or site in relation to benefits,
reliability, area needs, and relative risks. Justification for the
project selection over these alternatives should be provided.
[c]
Risk assessment. The applicant
will evaluate the project for the potential health hazards identified
in the environmental analysis. Based on existing data from similar
operations, the applicant will assess the potential for disease or
injury resulting from operation of the plant and/or use of the product.
This assessment will include, but not be limited to, increased air
levels of pathogens, contamination of water or soil, and potential
for fire or for explosion in cases of dust generation.
[4]
Public hearing.
[a]
A public hearing will be held by
the licensing agency within 45 days of submission of the accompanying
documents identified in Subsection G(2)(a)[2].
[b]
A copy of the accompanying documents
will be made available for public review 30 days before the hearing.
[c]
A ten-day period following the
hearing will be allowed for additional comments to be presented in
writing to the licensing agency.
[5]
Decision on construction license.
[a]
The licensing agency will either
grant, deny or grant with conditions a construction license within
60 days following the close of the hearing.
[b]
The sixty-day decision period may
be extended for good reasons and at the consent of the licensing agency
and the applicant.
[c]
No construction shall be initiated
until proof is given to the licensing agency that all conditions of
a license have been complied with.
[6]
Resubmission of application following denial.
A resubmission of a denied application to construct a facility will
require a repetition of the steps in Subsection G(2)(a)[1] through
[5].
(b)
Operating license.
[1]
Application. Following completion of the construction
phase, the applicant shall obtain from the Township Clerk forms for
an operating license. These forms shall be completed and submitted
to the licensing agency with the appropriate fee and shall include
the following information:
[a]
Name of firm;
[b]
Name, title and phone number of
contact person;
[c]
Permanent business address;
[d]
Name of facility;
[e]
Location of facility, including
block and lot number;
[f]
A statement of compliance with
all applicable regulations and standards;
[g]
Any other information which the
Township may require.
[2]
Submission of accompanying documents. The applicant
shall submit copies of all required permits from state and municipal
agencies.
[3]
Inspection. Within 21 days of the submission
of the application for an operating license and all necessary accompanying
documents, the Health Officer and Township Engineer shall make an
inspection to ensure that all applicable provisions of this section
have been complied with.
[4]
Decision on operating license.
[a]
The licensing agency shall have
45 days following the inspection to issue, deny or issue with conditions
an operating license.
[b]
Operations shall not commence under
a conditional permit until it has been demonstrated by the applicant
that the facility and/or operating procedures have been brought into
compliance.
[5]
Resubmission of application following denial.
A resubmission of a denied application to operate a facility will
require a repetition of the steps in Subsection G(2)(b)[1] through
[4].
(c)
Operating license renewal.
[1]
Application. Six months prior to the license
expiration date, the operator must obtain from the Township Clerk,
fill out and submit to the licensing agency with the appropriate fee
an operating license renewal application. This form must contain the
following information:
[a]
Name of firm;
[b]
Name, title and phone number of
contact person;
[c]
Permanent business address;
[d]
Location of facility, including
block and lot number;
[e]
A brief description of the facility's
operating performance over the last licensing period, including any
notices of violations or fines;
[f]
A brief description of any process,
operating or equipment modifications which are planned for the next
licensing period;
[g]
Any other information the Township
may require. In the event that the application includes modifications
to the facility or operations, the forms must be submitted nine months
prior to the expiration date.
[2]
Public hearing. A public hearing on the renewal
application will be held within 30 days of its receipt. In the event
that the application for renewal includes modifications to the facility
or operations, a public hearing will be held within 45 days of receipt
of the application. An additional ten-day period will be allowed for
comments to be presented in writing.
[3]
Decision on renewal. The licensing agency will
either deny, issue or issue with conditions an operating license renewal
within 30 days of the close of the public hearing. In the event that
the application includes modifications to the facility or operations,
the decision period will be extended to 60 days. Compliance or assurance
of compliance with any conditions of the operating license must be
provided at least 30 days prior to the effective date of the renewal.
[4]
Resubmission of application following denial.
Resubmission of a denied application for an operating license renewal
will require a repetition of the steps in Subsection G(2)(c)[1] through
[3].
(d)
Modifications to facility or operations.
[1]
Notification of licensing agency. The operator
shall notify the licensing agency in writing of any changes planned
in the facility's structure, equipment, process, materials, storage,
transport, and/or disposal practices. No changes will be permitted
without prior approval of the licensing agency.
[2]
Data submission. The operator shall provide
the licensing agency with whatever additional information it requires
to properly evaluate the proposed changes.
[3]
Public hearing. The licensing agency shall determine
whether the proposed changes are significant enough to require a public
hearing; if required, a hearing will be held within 45 days of the
change notification. An additional 10 days will be permitted for the
submission of written comments.
[4]
Decision.
[a]
The licensing agency will have
45 days following the notice of change to determine if such proposed
changes may have a detrimental effect on the health and well-being
of Township residents and to either deny, approve or require modifications
to the proposed changes.
[b]
If a hearing is required, the licensing
agency will have 60 days following the close of the public hearing.
[5]
Inspection. The authorized representative(s)
of the licensing agency shall inspect all modifications to ensure
their compliance with the requirements of this section.
G.
Siting standards. The following standards must be
considered in selecting a facility site:
(1)
Sensitive receptors.
(a)
Facilities shall be located a sufficient distance
from areas, sites and buildings whose nature, use or users would be
adversely affected by noise, odor or pathogens. These receptors include,
but are not limited to, residences, places of worship, day-care centers,
schools, youth clubs, parks, recreation sites, hospitals, nursing
homes, convalescent homes, clinics, medical offices, retirement homes,
senior citizen centers, senior citizen housing and cultural centers.
(b)
Topography, vegetation, and wind direction shall
be considered in determining sufficient distance from sensitive receptors.
(2)
Buffers. Notwithstanding other provisions of this
section, a minimum buffer of 150 feet shall be provided to separate
the composting activities from adjacent properties.
(3)
Hydrologic limitations.
(b)
Groundwater.
[1]
Land on which unenclosed compost is to be stockpiled
must be located a minimum distance of 300 feet from any private well
and 1,500 feet from any public well.
[2]
No unenclosed compost storage may be located
over a sole source aquifer unless a double liner with a leak detection
system between the liners is provided.
[3]
No facility may be located in an area with a
seasonably high water table less than 1.5 feet from the surface.
(4)
Soils.
(a)
Facilities shall be located, wherever possible,
in areas of low soil permeability and high ion-exchange capacity.
(5)
Accessibility.
(a)
Facilities shall be located, where feasible,
on sites close to the sludge source in order to minimize the risks
involved in transport.
(b)
Sites selected shall be accessible through routes
which avoid residential streets and sensitive receptors to minimize
the potential for exposure to pathogens.
H.
Facility standards.
(1)
Process system design and operation.
(a)
The aeration and temperature of the system must
be controlled to maximize the rate of biological decomposition, thus
facilitating rapid processing of the sludge, avoiding dieoff, and
minimizing the potential for backups or breaks in the system's flow.
Plans for any facility must demonstrate that inhibitory temperatures
(greater than 60º C.) will not be reached in more than 10% of
the material, regardless of height, except during curing. Forced pressure
aeration in conjunction with a temperature feedback system to control
ventilation must be used unless another proposed control system can
be shown to provide equivalent or superior results. The ventilation
system must be capable of delivering adequate air during periods of
peak demand.
(b)
All materials being composted must achieve at
least the minimum temperature for the period necessary to ensure pathogen
kill (55º C. for three days).
(c)
In order to minimize the potential impacts of
noise, dust, odor, vectors and pathogens on the community's health
and well-being, all portions of the facility must be enclosed to the
maximum extent possible which will still permit proper functioning
of the selected process.
(d)
Equipment and/or methodology must be employed
which will ensure that odors resulting from the presence or processing
of composting-related materials will not pass beyond the site's boundaries.
(e)
The facility design and operating plan must
provide for the proper collection, analysis, treatment and disposal
of all leachate, runoff and condensate. Wherever possible, production
of such effluents must be minimized through proper design and operation
of the facility. Acceptable treatment and disposal must be determined
on the basis of periodic analyses once the facility is functioning,
but a preliminary determination based on sludge analysis must be made
as part of the application.
(f)
Dust must be controlled on the site through
proper design and/or operating controls.
(g)
Negative pressure must be employed when accepting
dewatered sludge at the facility storage or process area in order
to minimize odor, dust and pathogen escape.
(h)
Facilities will be permitted to accept delivery
of materials Monday through Friday between 9:00 a.m. and 4:00 p.m.
only, unless it can be demonstrated that there will be no negative
impact on residences and other sensitive receptors either in the area
of the facility or along access routes if these periods are expanded.
The same restrictions shall apply to the pickup of compost.
(i)
The facility shall make proper provisions to
protect the health, safety and welfare of all its employees and of
all persons visiting the site.
(j)
All fire-fighting facilities shall be adequate
to insure prompt and safe fire control. An emergency response program
in the event of fire and/or explosion must be developed.
(k)
An adequate number of properly trained personnel
must be employed at all times.
(2)
Storage. The storage of sludge, compost and bulking
agents shall be in accordance with the following standards:
(a)
Sludge.
[1]
It is recommended that all sludge storage be
totally enclosed. When stored unenclosed on site, sludge shall be
in containers or tanks, aboveground and placed on an impervious surface
which is designed to serve as a spill basin. Transfer of sludge from
storage to processing shall be accomplished in a manner which precludes
the release of any sludge to the environment.
[2]
The storage area shall have the capacity to
contain a sufficient supply of sludge to prevent any break in process
flow if such a break would affect process efficiency. An alternate
storage, treatment or disposal site for the sludge must be identified
for use in the event of system malfunction. Sludge may not remain
stored on the site in an unprocessed condition for any period that
will lead to odor or other problems, and in no case may unstabilized
sludge remain unprocessed for more than three days.
(b)
Compost and bulking agents.
[1]
It is recommended that all composted material
and bulking agents stored on the site be totally enclosed. If the
facility design does not provide for total enclosure, the following
are required: an impermeable pad which does not permit runoff; a leachate
collection, analysis, treatment and disposal plan; a roof and screening
from roof to pad on at least three sides to minimize leachate and
airborne particles.
[2]
Unenclosed compost and bulking agent must be
kept a minimum distance of 150 feet from property lines and may not
be stockpiled on land lying within 200 feet of surface waters, 300
feet of a private well or 1,500 feet of a public well.
[3]
Sufficient storage shall be provided for bulking
agent(s) to ensure there will be no interruption of process flow.
[4]
Sufficient storage shall be provided for the
compost to cope with fluctuations in market demand.
I.
Testing/monitoring.
(1)
Sludge.
(a)
The source(s) and monthly volume of the sludge
must be stated, as well as its physical nature (liquid, thickened,
dewatered) and the type(s) of stabilization used.
(b)
Analytical data, including but not limited to
the following, shall be provided: heavy metals, toxic organics, pesticides,
petroleum hydrocarbons.
(c)
Testing of sludge will continue on a monthly
basis.
(2)
Bulking agent.
(a)
The nature, source and characteristics of the
bulking agent must be provided, including a statement of any contamination
which may be present, either naturally or as a result of processing
or treatment.
(b)
An analysis of the bulking agent for these contaminants
will be provided where deemed appropriate by the licensing agency.
(c)
Such analyses will be conducted periodically
once a facility is on line, the frequency to be determined on a case-by-case
basis.
(3)
Compost.
(a)
Compost will be analyzed for moisture, volatile
solids, pH, N, phosphorous, soluable potash, carbon/nitrogen ratio
and heavy metals, as well as for any other constituents which the
licensing agency deems necessary based on the sludge and bulking agent
analyses.
(b)
Testing will be conducted monthly for the first
year and quarterly thereafter if no significant fluctuations are indicated.
(4)
Process oxygen and moisture levels, temperature and
time.
(a)
These factors will be monitored on a continual
basis to ensure that minimum temperature and times are achieved, inhibitory
temperatures and conditions are avoided, and process flow is uninterrupted.
(5)
Air quality.
(a)
A preconstruction evaluation of Aspergillus,
hydrogen sulfide and total suspended particulate levels must be provided
based on monitoring data from sampling stations located at the borders
of the proposed site and at any sensitive receptors within 1,000 feet
of the site. Such sampling must be conducted in both dry and rainy
weather. One solid week of monitoring will be followed by two days
(varying) per week for a total of 12 weeks. In addition, monitoring
for volatile organics must be conducted if sludge analysis indicates
a potential problem.
(b)
Postconstruction monitoring will be required
at the preconstruction sampling sites. The above monitoring process
will be repeated once the facility is fully operational. Regardless
of the initiation date, monitoring must occur for a minimum of 12
weeks. In addition, any stacks or vents in the process portion of
the facility must be monitored. The need for and frequency of continued
monitoring will be based on the analysis of pre- and post-construction
monitoring results.
(6)
Noise.
(a)
Noise levels in the area of all sensitive receptors
within 1/2 mile of the site and along access roads must be evaluated
prior to facility construction.
(b)
Monitoring of these sites will continue following
facility construction to determine if there are significant increases
in noise levels which may affect sensitive receptors. Such monitoring
will be required for a period of six months after the facility is
fully operational or at any time when changes in operations or transport
may lead to increased noise levels.
(7)
Groundwater.
(a)
Preconstruction sampling will be conducted to
determine existing water quality. Locations and numbers of sampling
sites will be determined on a case-by-case basis. Water will be evaluated
for nitrogen, heavy metals, total organic carbon, total suspended
solids, total dissolved solids, total organohalides, and indicator
organisms.
(b)
Postconstruction monitoring for the same parameters
will be conducted. The frequency of such monitoring will be determined
on a case-by-case basis and will be based upon site hydrogeological
conditions, facility design and other relevant factors.
(8)
Surface water.
(a)
Preconstruction sampling of adjacent or on-site
surface waters will be conducted for the substances listed in Subsection
J(7) above. Upsite and downsite samples will be taken where appropriate.
(b)
Postconstruction monitoring will be conducted
for the same substances. Frequency of sampling will depend upon hydrogeological
conditions, facility design and any other relevant factors.
J.
Disposal.
(1)
Compost.
(a)
Use restrictions. The facility must inform compost
purchasers of the guidelines and restrictions which pertain to the
use and application of sludge. These include:
(b)
Packaging and removal.
[1]
Compost must be packaged in an enclosed area
or in a manner which minimizes the generation of airborne particulates.
[2]
Bags or other containers must be completely
sealed before the compost is removed from the facility.
[3]
No unpackaged compost may be sold for removal
unless it can be demonstrated that the loading and transport of the
compost will be accomplished in a manner which minimizes the generation
of airborne particles or spillage.
(c)
Unsold material.
[1]
Provisions must be made for the storage or disposal
of unsold compost in an environmentally sound manner at a facility
licensed to accept such materials.
[2]
At no time will the facility be permitted to
accumulate unenclosed compost on site or to store the unsold compost
in nondesignated storage enclosures without prior approval by the
licensing agency.
(2)
Residuals. Residual materials which cannot be recycled
through the composting process may not be stored on site and must
be disposed of at a waste disposal facility which is licensed to accept
such materials.
(3)
Leachate, condensate and runoff. Following analysis
to determine constituents, all water collected on site must be sent
to an appropriate treatment plant for processing and disposal.
K.
Recordkeeping/report submission. The following will
be submitted to the Department of Health:
(2)
Process measurements. Process reports on temperature,
time, moisture and oxygen must be submitted monthly.
(3)
Air quality. Postconstruction air monitoring data
must be submitted on a weekly basis.
(4)
Noise. Noise monitoring data will be submitted monthly
for the first six months of the facility's operation. If noise levels
are acceptable, reports will no longer be required until such time
as changes in operations may lead to increased noise levels.
(5)
Water quality. Postconstruction water monitoring data
must be submitted monthly.
(6)
Leachate. Condensate and runoff analysis reports must
be submitted monthly.
(7)
Users. User data reports must be submitted immediately
if the compost is to be stored or applied on land within the community.
Noncommunity users need not be reported.
L.
Fees.
(2)
Consultant review. The applicant shall pay into an
escrow fund an amount equal to 0.5% of the proposed facility cost.
The municipality may use this fund to employ a qualified consultant
to review and prepare a written evaluation of the applicant's submission
and to provide expert testimony, if required. Excess funds shall he
returned to the applicant following completion of the consultant's
tasks.
(3)
License fee. The yearly license fee shall be $1,500
payable upon issuance of the initial license and at twelve-month intervals
thereafter. The license for the operation will be issued for a period
of five years. The license may not be transferred without the consent
of the licensing agency.
M.
Enforcement.
(1)
Inspection.
(a)
The authorized representative(s) of the licensing
agency shall be entitled to make reasonable inspections of the site
prior to and during facility construction and operation to determine
if the requirements of this section are being met.
(b)
The authorized representative(s) shall inspect
the completed facility prior to the issuance of an operating license
as described in Subsection G(2)(b) and prior to implementation of
modifications as described in Subsection G(2)(d)[5].
(c)
The authorized representative(s) shall inspect
the facility upon receipt of a complaint regarding the facility or
whenever testing and/or monitoring results indicate a problem exists.
(2)
Notice of violation. When the authorized representative(s)
determines that the facility is operating in violation of this section,
he or she shall notify the licensee in writing, either by certified
mail or in person. The notice shall state the location of the operation
and the subsection of this section which is being violated and shall
contain an itemized list of the requirements necessary to effect compliance
with this section. The notice shall also grant the licensee a compliance
period, determined by the Health Officer, within which to correct
any violation. Any licensee who fails to comply with the order within
the time granted may have their license suspended or be fined until
the order is complied with. The licensee may appeal any determination
of violation to the Township Council by serving written notice of
appeal upon the Township Clerk within five days from the date of service
of the violation notice.
(3)
Fines. If, after notification to correct by the Health
Officer, the violation(s) are not corrected, a fine of up to $1,000
per day per violation will be imposed.
(4)
Suspension of operating license. If it is found that
the failure to correct violations is endangering the health and well-being
of Township residents, the facility's operating license will be suspended
until such time as the violations are corrected. The facility will
be required to implement its provisions for alternate processing,
storage and/or disposal as described in their engineering designs
and specifications, Subsection G(2)(a)[3][a][ix], until the license
is restored.
