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Township of Montclair, NJ
Essex County
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Table of Contents
Table of Contents
Pursuant to the authority of N.J.S.A. 26:3-31d, the owner of any property along the line of which there exists a sanitary sewer shall connect his or her house or other building with such sanitary sewer.
Any person who shall fail to comply with any order issued by the Health Officer of the Township to make the required connections within 30 days after notice by the said officer shall be subject to the penalty prescribed in § 269-5. Such notice may be served upon the owner personally or by leaving it in his or her usual place of abode with a member of his or her family above the age of 18 years.
No person shall install, replace or repair any house sanitary sewer from the front property line to the Township collector or interceptor sewer until application shall have been approved by the Superintendent and a written permit has been issued by him. (A plumbing permit is also required to install, replace or repair any house sanitary sewer from the residence to the front property line from the Uniform Construction Code Enforcement Bureau.)
The permit fee for the installation, replacement or repair of a sanitary house sewer from the property line to the collector sewer shall be $40.
Any person who violates any provision of § 269-4 shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
The owners of all houses, buildings, public buildings or properties used for human occupancy, employment or recreation, or other purposes, situated within the Township and abutting on, or having a permanent right of access to any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the Township, are hereby required at their 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 article, within 30 days after official notice from the Township of Montclair to do so, provided that said public sewer is within 100 feet of any property line or right of access. The capacity and treatment charges for the use of the sewer system shall begin 30 days after the date of official notice set forth above.
A. 
It shall be unlawful to install any building sewer or to make any connection to the public sewer without first obtaining a building sewer permit, and such installations and connections shall be made under the direction and supervision of the Superintendent of the Montclair Sewer Utility in the manner hereinafter set forth.
B. 
Building sewer permits shall be required for residential structures, public buildings and commercial services, the fee for which shall be as set forth in this chapter.
C. 
The owner or his agent shall make application on a form furnished by the Township. The permit applications shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent of the Montclair Sewer Utility or required by state law.
D. 
Permits will expire four weeks after date of issuance but will be subject to renewal for an additional period of four weeks.
E. 
Where the building sewer has been extended by the Township from the main or lateral to the curb or property line, the following shall apply:
(1) 
After securing the building sewer permit, the applicant shall notify the Superintendent of the Montclair Sewer Utility when the excavation is made and the pipe is installed and connected. No backfill is to be placed without the written approval of the Superintendent of the Montclair Sewer Utility.
F. 
Where the building sewer has not been extended by the Township from the main or lateral to the curb or property line, the following rules shall apply:
(1) 
The applicant shall secure a building sewer permit and pay the required fee.
(2) 
The applicant shall do all of the excavation required, supply all of the materials and do all of the work.
(3) 
The applicant shall notify the Superintendent of the Montclair Sewer Utility 24 hours before the excavation is ready for the installation of the branch connection.
(4) 
After inspection and approval by the Superintendent of the Montclair Sewer Utility, the work shall be completed by the applicant.
(5) 
The street opening fee, backfilling and repaving shall be as required under Chapter 297, Streets and Sidewalks.
G. 
The joint made between the building sewer and the building drain shall be secure and watertight. Standard fittings, approved by the Superintendent of the Montclair Sewer Utility and/or the Plumbing Inspector shall be used for this joint.
H. 
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard.
I. 
It shall be the duty of the Superintendent of the Montclair Sewer Utility, when notified, to inspect the installation of any branch connection or building sewer, to determine whether the same complies with all of the provisions hereof and any other ordinances, the enforcement of which is within the Superintendent's jurisdiction. When the Superintendent is satisfied that the installation complies with the aforesaid requirements, the Superintendent shall indicate written approval on the permit.
J. 
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the property owner. The property owner shall indemnify the Township of Montclair from any loss or damage that may indirectly or directly be occasioned by the installation of the building sewer. In order to guarantee and protect the Township of Montclair for any loss or damage that may indirectly or directly occur by the installation of said building sewer from the main to the curb or property line or the excavation for the installation of any branch connection or any other work, the owner or his agent shall post with the Township of Montclair a performance bond in the amount of $5,000 to guarantee the payment of any damage which may occur to the property of the Township of Montclair; such performance bond shall be written by a surety company authorized to do business in the State of New Jersey and approved by the Township Attorney and shall be posted with the Township prior to the issuance of the building sewer permit.
K. 
A separate and independent building sewer shall be provided for every building except where:
(1) 
One building stands at the rear of another on an interior lot and the rear building is an accessory use as established under the Montclair Zoning Ordinance[1]; and
[1]
Editor's Note: See Ch. 347, Zoning.
(2) 
Both buildings remain under the same ownership.
L. 
Old building sewers may be used in connection with new buildings only when they are found, upon inspection by the Superintendent of the Montclair Sewer Utility and/or Plumbing Inspector, to meet all the requirements of this article. Pressure testing and/or video inspection of an existing building lateral may be required in the discretion of the Superintendent or the Township Engineer, and the expense for any such testing or inspection shall be borne by the property owner.
M. 
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such drain shall be lifted by a sewage ejector.
N. 
When abandoning an out-of-service building lateral, the entire pipeline must be removed and the stub must be capped at the sewer main. All such work must be done under the supervision of the Superintendent of the Montclair Sewer Utility.
O. 
The property owner shall be responsible for the repair and maintenance of building laterals up to the branch connection at the public sewer.
All meters or other measuring devices installed or required to be used under the provisions of this article shall be under the control of the Township and shall be of a type specified by the Township and shall be installed by the owner at the owner's expense. The owner of the property upon which any such measuring device is installed shall be responsible for its maintenance and safekeeping, and all repairs thereto shall be made at the owner's cost, whether such repairs are made necessary by ordinary wear and tear or other causes. Costs for such repairs, if made by the Township, shall be due and payable at the same time, collected in the same manner and be subject to the same penalties as are the charges for sewer use.
No person shall break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the Township of Montclair sewage disposal system.
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, swimming pool or pond water or cooling water to any sanitary sewer.
B. 
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:
(1) 
Explosive wastes: wastes which create fire or explosive hazard to the PVSC treatment plant, collection systems or the operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, naptha, benzene, toluene, xylene and ethers. Materials that flash below 90° using the Pensky- Martens closed tester (ASTM-D93-80) are prohibited.
(2) 
Corrosive wastes: wastes which will cause corrosion or deterioration of the PVSC treatment plant or collection system. All wastes shall have a pH not less than 5.5 or greater than 9.5.
(3) 
Solids and viscous wastes: solids or viscous wastes in amounts which would cause obstruction to the flow in a sewer, or otherwise interfere with the proper operation of the PVSC treatment plant. Prohibited materials include, but are not limited to, uncomminuted garbage, bones, hides or fleshings, cinders, sand, glass, ashes, mud, straw, shavings, metal, rags, feather, offal, plastics, wood, paunch manure, hair, entrails, lime residues, beer or distillery slops, chemical slops, chemical residues, paint or ink residues, cannery waste bulk solids, antibiotic wastes, free mineral acid, concentrated pickling wastes or plating solutions or any other solid or viscous substance capable of causing obstruction to the flow or other interference with the proper operation of the PVSC sewerage treatment plant ("treatment plant") system.
(4) 
Garbage or refuse: any discharge from garbage grinders or from dishwashers with garbage grinders as an accessory, but excluding residential garbage disposals.
(5) 
Noxious materials: noxious or malodorous compounds which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or are or may be sufficient to prevent entry into a sewer for its maintenance or repair.
(6) 
Radioactive wastes: radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will, or may, cause damage or hazards to the treatment plant or personnel operating the system.
(7) 
Interference: any waste, including oxygen-demanding wastes, released at a flow rate or concentration which will cause interference with the PVSC treatment plant or with disposal of the sludge resulting from the treatment process.
(8) 
Excessive discharge rate: industrial wastes discharged in a slug of adequate volume or strength to cause a treatment process upset or loss of treatment plant efficiency.
(9) 
Heat: any discharge which contains heat in amounts which could inhibit biological activity in the treatment process or cause loss of treatment efficiency or cause the temperature of the influent to the treatment plant to exceed 104° C.
(10) 
Unpolluted wastes: any unpolluted water, including, but not limited to, cooling water or uncontaminated stormwater, which will increase the hydraulic load on the treatment plant.
(11) 
Dilution water: any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limits.
(12) 
Violations: wastes which cause the PVSC treatment plant to violate its New Jersey Pollutant Discharge Eliminator System permit, applicable receiving water standards, permit regulating sludge disposal or any other permit issued to the sewerage treatment plant.
(13) 
Extremely hazardous wastes: those wastes designated by the United States Environmental Protection Agency as sufficiently toxic that they shall not be discharged to a sanitary sewer in any concentration.
(14) 
Septic tank or cesspool wastes.
(15) 
Slug: any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds, for any period or duration longer than 15 minutes, more than five times the average twenty-four-hour concentration of flow during normal operation and/or may adversely affect the collection system and/or performance of the wastewater treatment works.
(16) 
Any wastewater which contains total dissolved sulfides in excess of:
(a) 
Two-tenths milligrams per liter where the discharge's point of connection to the system is a gravity sewer line; or
(b) 
Four-tenths milligrams per liter where the discharge's point of connection to the system is a pressure of force main.
(17) 
Any water or wastes containing toxic or poisonous substance in such concentration, either singly or by interaction with other wastes, as to constitute a hazard to humans or animals or to interfere with any sewage treatment process or to create any hazard in the receiving waters of the sewage treatment plant.
(18) 
Any high-strength waste or special waste.
(19) 
Any water or wastes which may contain soluble oil or grease or any water containing floatable fats, oils, greases or other substances in sufficient concentrations that might solidify and/or cause to solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.).
(20) 
Any concentrated dye wastes, spent tanning solutions or other wastes which are highly colored or wastes which are of usual volume, concentration of solids or composition that may create obstruction to the flow in sewers or other interference with the proper operation of the system or the quality of the effluent from the system.
(21) 
Concentration and characteristics:
(a) 
Any waters containing suspended solids of such character and quantity that unusual provision, attention or expense is required to handle such materials at the PVSC sewage treatment plant.
Characteristics
Item
Limitation
Temperature
Maximum
110°
PH
Allowable range
5.5 to 9.0
Biochemical oxygen demand (BOD)
5 day maximum
220 mg/l
Suspend solids
Maximum
220 mg/l
Color
Maximum
220 Co. Pt. Units
Nitrogen
Maximum
40 ppm
Phosphorus
Maximum
15 ppm
(b) 
The above-listed concentrations and characteristics may be altered by the PVSC sewage treatment plant as required by regulatory agencies, treatment or reuse requirements or in the event of cumulative overload of the system.
(c) 
Maximum allowable concentrations. Users not subject to categorical standards shall not exceed the following limits:
Item
MG/1
Acetylene generation sludge
None
Arsenic
1.0
Barium
4.2
Cadmium
0.1
Chromium (total)
8.0
Copper
8.0
Cyanide
0.1
Iron (total)
5.0
Lead
0.5
Mercury
0.1
Mineral acid (free)
None
Nickel
1.0
Nitrous oxide
10.0
Oils, minerals
15.0
Selenium
0.05
Silver
0.03
Sulphur dioxide
0.4
Zinc
8.0
C. 
Grease, oil and sand interceptors.
(1) 
Grease, oil and sand interceptors shall be provided when necessary, in the opinion of the Superintendent of the Montclair Sewer Utility, for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
(2) 
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
A. 
Extensions of the public sewer lines shall be by and at the expense of the person making the extension. Said person shall submit to the Superintendent of the Montclair Sewer Utility complete plans and specifications of the extension that is contemplated, prepared by a licensed professional engineer, along with an application for a sewer extension permit, the fee for which shall be $100, to be paid to the Township of Montclair when the application is made.
B. 
The applicant shall proceed with the construction of the sewer extension as shown on the approved plans, and all work shall be subject to the inspection and approval of the Superintendent of the Montclair Sewer Utility. No work shall be covered or backfilled without the approval of the Superintendent of the Montclair Sewer Utility.
C. 
In addition to the sewer extension permit fee provided for in this section, the applicant or the user of the sewer shall secure a building sewer permit for each connection to the extension and shall pay the fee provided for under Chapter 269.
D. 
Any permit for sewer extension shall expire at the end of six months from the date of issuance. Such permit may be extended by the Superintendent of the Montclair Sewer Utility for an additional six months if such an extension is in the best interests of the Township.
The Superintendent of the Montclair Sewer Utility and other duly authorized employees of the Township bearing proper credentials and identification shall be permitted to enter in and upon all buildings, structures and properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.
A. 
Fee established. A connection fee shall be payable to the Township of Montclair for all buildings, structures or premises which are hereafter connected to the Township sanitary sewer system. The purpose of the connection fee is to pay the cost of the physical connection and a fair payment toward the capital cost of the Township's sewer system pursuant to N.J.S.A. 40A:26A-11.
B. 
Connection fee schedule.
(1) 
The amount of the connection fee for any building, structure or premises shall be determined in accordance with the following schedule:
Classification
Connection Fee
Existing single-family dwellings served by an individual private well or by an individual septic system
$1,650
New single-family dwellings
$1,900
New single-family dwellings, developer-installed connections
$1,600
Multifamily dwellings, including apartments, townhouses, condominiums, cluster homes and duplexes
$1,450 (per dwelling unit)
Low-income dwelling units and facilities providing permanent housing for elderly or handicapped persons and operated by charitable, nonprofit organizations which are tax exempt under § 501(c)(3) of the Internal Revenue Code
$633 (per dwelling unit)
Nursing homes and dormitories
$1,300 (per bed)
Hospitals
$3,450 (per bed)
Motels and hotels
$1,300 (per room)
(2) 
Connection fees for all other business, industrial and public buildings are based on meter size as follows:
Meter Size
(inches)
Connection Fee
5/8
$3,465
1
$13,515
1 1/2
$27,050
2
$53,650
3
$107,735
4
$187,980
6
$401,905
8
$1,004,380
10
$1,612,305
Special events
The connection fee for a permanent connection to be used at special events for no more than 12 days per calendar year shall be 10% of the connection fee listed in this schedule.
C. 
Payment. All connection fees shall be due and payable to the Township at such times as a permit is issued for connection to the sanitary sewer system, except that any premises or building for which a building sewer permit has been issued prior to the effective date of this chapter shall be exempt from payment of the connection fees set forth in this section.
[Amended 11-29-2016 by Ord. No. O-16-048]
The below rates and charges shall be in effect commencing on the date shown. The Township Council shall review said rates and charges annually to preserve the self-liquidating status of the utility. Each user shall pay an annual rental charge for use of the sewer system and an annual usage fee for treatment of discharges to the system. The rental charge, also known as the "capacity charge," shall be based on the size of the user's water meter. The treatment charge shall be based on actual treatment costs incurred by the utility, to be billed to all users according to a formula as set forth below. These annual charges shall be payable each year in two equal installments on June 30 and December 1, except that annual charges for "large institutional users" (to be defined in accordance with written guidelines prepared by the Superintendent and approved by the Township Manager) shall be paid in one annual payment due on June 30 of each year.
A. 
Capacity charges.
Effective January 1, 2017
Meter Size
(inches)
Annual Charge
Due June 30
Due December 1
5/8 x 3/4
$136.74
$68.37
$68.37
3/4
$205.09
$102.55
$102.54
1
$342.08
$171.04
$171.04
1.5
$682.58
$341.29
$341.29
2
$1,092.45
$546.23
$546.22
2 compound
$1,366.74
$683.37
$683.37
3 compound
$3,077.13
$1,528.57
$1,538.56
4 compound
$6,836.85
$3,418.43
$3,418.32
6 compound
$13,672.12
$6,836.06
$6,836.06
Effective January 1, 2018
Meter Size
(inches)
Annual Charge
Due June 30
Due December 1
5/8 x 3/4
$186.74
$93.37
$93.37
3/4
$280.08
$140.04
$140.04
1
$467.17
$233.54
$233.53
1.5
$932.18
$466.09
$466.09
2
$1,491.92
$745.96
$745.96
2 compound
$1,866.51
$933.26
$933.25
3 compound
$4,202.35
$2,101.18
$2,101.17
4 compound
$9,336.88
$4,668.44
$4,668.44
6 compound
$18,671.60
$9,335.80
$9,335.80
Effective January 1, 2019
Meter Size
(inches)
Annual Charge
Due June 30
Due December 1
5/8 x 3/4
$236.73
$118.37
$118.37
3/4
$355.06
$177.53
$177.53
1
$592.23
$296.12
$296.11
1.5
$1,181.73
$590.87
$590.86
2
$1,891.31
$945.66
$945.65
2 compound
$2,366.18
$1,183.09
$1,183.09
3 compound
$5,327.32
$2,663.66
$2,663.66
4 compound
$11,836.36
$5,918.18
$5,918.18
6 compound
$23,669.99
$11,835.00
$11,834.99
B. 
Treatment charge. The treatment charge shall be calculated by taking the total of all water consumed in the municipality during the billing cycle for the first quarter of the current year and dividing this total into the actual total of all treatment billings incurred by the utility for said year from the regional wastewater treatment authorities serving the municipality, to determine an actual rate of wastewater treatment cost per 100 cubic feet of water consumption. Each user shall then be billed an annual charge for treatment that is equal to the aforesaid rate per 100 cubic feet times the user's actual total cubic feet of water consumption during the billing cycle for the first quarter of the current year. Said annual charge shall be payable in two equal installments on June 1 and December 1 of each year, except that annual treatment charge for "large institutional users" (to be defined in accordance with written guidelines prepared by the Superintendent and approved by the Township Manager) shall be paid in one annual payment due on August 1 of each year. The treatment charge for any user who connects to the sewer system after January 1 of any year shall be prorated for the year in question and shall be calculated on the basis of the average water consumption for that user's meter class. The Township Council may, by resolution, extend the due date for payment of capacity and/or treatment charges due under this article.
C. 
If legal title to any property has been transferred to a bona fide purchaser in an arm's length transaction between January 1, 2006, and August 1, 2006, as confirmed by the lawful recording of a deed in the Essex County Register's Office, upon request of the property owner and receipt of appropriation documentation, the capacity and treatment charge for the year 2006 shall be prorated so that the party who acquired title after August 1, 2006, shall be responsible only for payment of a proportionate share of the 2006 charges applicable to the period of said person's ownership.
A. 
For all property owners subject to the requirements of this article who, as of the effective date of this chapter, obtain water, either in whole or in part, from sources other than the Township of Montclair, the Township shall provide and install, at its expense, water meters to register water consumption for the subject property. All such meter installations shall be maintained by the property owner in a continuous state of accurate operation.
B. 
Any property owner subject to the requirements of this article who, after the effective date of this chapter, arranges to and obtains water, either in whole or in part, from sources other than the Township of Montclair, shall provide, install and maintain, at the property owner's expense, water meters approved by the Montclair Water Department which shall register water consumption for the subject property. All such meter installations shall be subject to the approval of the Montclair Water Department and shall be maintained by the property owner in a continuous state of accurate operation.