Egg Harbor City, NJ Article II General Provisions

§ 220-2 Purpose.

The purpose of this chapter is to provide for the maximum possible beneficial public use of the wastewater facilities through regulation of sewer construction, sewer use and wastewater discharges into the wastewater facilities and to provide procedures for complying with the requirements contained herein.

§ 220-3 Scope.

The definitions of terms used in this chapter are found in Article I. The provisions of this chapter shall apply to the discharge of all wastewater to wastewater facilities in the city. This chapter provides for use of the wastewater facilities, regulation of sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment required, sewer construction plans, issuance of wastewater discharge permits, minimum sewer connection standards and conditions and penalties and other procedures in cases of violation of this chapter.

§ 220-4 Administration.

A. The administration, implementation and enforcement of the provisions of this chapter, except as otherwise provided herein, shall be the responsibility of the city.

B. The city agrees that it shall be responsible, either directly or through contracted agents, to measure and sample wastewater discharge, if necessary, to ensure that discharge to the wastewater facilities is in accordance with the provisions of this chapter. In the event that such measurement, sampling or analyses are necessary, the cost and expense shall be borne exclusively by the city.

§ 220-5 Notice of violation.

Any person found in violation of this chapter or any requirement of a permit issued hereunder may be served with a written notice stating the nature of the violation and providing a reasonable time limit for compliance. Any such notice given shall be in writing and served in person or by registered or certified mail. The notice shall be sent to the last known address of the violator. Where the address is unknown, service may be made upon the owner of record of the property involved. If satisfactory action is not taken in the time allotted by the notice, § 220-6 of this article shall be implemented.

§ 220-6 Violations of discharge provisions.

A. Any person who continues to violate the discharge provisions of this chapter beyond the time limit provided for in § 220-5 above may be charged with a penalty as provided in § 220-10 and may be subject to disconnection from the wastewater facilities. Additionally, the violator may also be subject to disconnection of water service by the city prior to conviction for such violation.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. In addition, if a violation causes an extraordinary expense to any operating component of the wastewater facilities in the city, the person causing such violation shall be liable for the full amount of the extraordinary expense, plus any costs incurred by the entity pursuing enforcement of these provisions. The city will transfer any such reimbursement to the person suffering the injury or incurring the expenses.

C. Each day or portion thereof a violation continues shall constitute a separate violation.

§ 220-7 Inspections.

A. The city or contracted designees bearing proper credentials and identification shall be permitted to enter the property of any residential, commercial or industrial user of the wastewater sewer at any reasonable time for the purpose of inspection, observation, measurement and sampling of the wastewater discharge to ensure that discharge to the wastewater facilities is in accordance with the provisions of this chapter.

B. While performing the necessary work on private properties referred to in Subsection A above, all persons shall observe all safety rules established by the owner or occupant of the property and applicable to the premises.

C. During the performance on private properties of inspections, wastewater sampling or other similar operations referred to in Subsection A above, the owner and occupant shall be:

(1) Held harmless for personal injury to or death of the inspecting personnel and loss of or damage to supplies or equipment utilized in the inspection or sampling;

(2) Indemnified against loss of or damage to property of the owner or occupant by the inspecting personnel; and

(3) Indemnified against personal injury to or death of inspecting personnel or for loss of or damage to property used by the inspectors in the process of inspecting or sampling, except as may be caused by the negligence or failure of the owner or occupant to maintain safe conditions.

§ 220-8 Vandalism. [1]

No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person who violates this section shall be subject to the penalty provided in § 220-10. The fine shall be in addition to payment of damages incurred by a wastewater facility operating entity.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-9 Accidental spills.

Any person, persons or businesses responsible in part or in whole for an accidental spill into the wastewater facilities onto public or private property or into surrounding bodies of water shall immediately report each occurrence to the Egg Harbor City Police Department and the Egg Harbor City Sewer Department.

§ 220-10 Violations and penalties. [1]

Any person who shall violate any provision of this chapter shall be subject to a fine not exceeding $1,000, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).