City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 3-25-1968 by Ord. No. 20-1968 as Ch. 18 of the 1968 Code, Secs. 18:1-2(a)(3), (c) and (d) and Secs. 18:1-3 through 18:1-18.[1]]
[1]
Editor's Note: Former Secs. 18:1-1 and 18:1-2(a)(1), (2) and (4) and (b) were superseded by 11-28-1977 by Ord. No. 60-1977.
[Amended 11-28-1977 by Ord. No. 60-1977]
A. 
No person shall throw or deposit or cause to be thrown or deposited any substance in any public sewer or plumbing connection therewith or otherwise dispose of any substance in such manner that it will tend to interfere with the free passage of water or sewage within the public sewer system. Without limiting the foregoing, no person shall discharge or cause to be discharged into any public sewer or plumbing connection any of the following-described liquids or substances:
(1) 
The by-products or refuse from any mechanical garbage disposal or grinder used in the operation of any restaurant, market, supermarket, mortuary, hotel, hospital or any other mercantile or business establishment or multifamily dwelling of three or more units.
(2) 
Disposal of leaves. It shall be unlawful for any person to dispose of leaves by depositing them in any catch basin or sewer or by leaving them along any curbline or gutter. To the extent necessary in order to assemble and accumulate leaves, the same may temporarily be placed in a gutter or along a curbline so long as they are not left there permanently (i.e., any longer than reasonably necessary in the assemblage or gathering process). In addition, no person shall dispose of leaves by placing them or causing them to be placed (i.e., through air blowers or other mechanical equipment) upon adjacent property. Instead leaves shall be placed in biodegradable bags.
[Added 5-13-2019 by Ord. No. 12-2019]
B. 
No water-cooled air conditioner installed on or after April 1, 1960, including replacements for existing air conditioners, regardless of size, nor any refrigeration unit used by any building or structure, shall be connected or discharged directly or indirectly into the public sewer. In lieu of draining into the public sewer, water-cooled air conditioners or refrigeration units as aforesaid shall be provided with circulating water towers or alternative means of water disposal other than use of the public sewers.
C. 
The Executive Director of the East Orange Water Commission may, by regulation, further define substances which may be prohibited from disposal in the public sewer system by reason of their tendency to interrupt or interfere with the flow in the sewer system, constitute a danger of fire, explosion, asphyxiation or other menace to public safety, or corrode, damage or impair the public sewer system, sewage treatment process or other facility pertinent thereto, and the Executive Director of the East Orange Water Commission, upon the request of any user of the public sewer system, shall provide a determination as to whether or not a particular substance may be disposed of in the public sewer system. If the Executive Director of the East Orange Water Commission shall determine that such substance may be disposed of, provided certain conditions are met by the user, a permit to use the sewer system for such disposal, subject to the conditions imposed by the Executive Director of the East Orange Water Commission, shall be issued by the Executive Director of the East Orange Water Commission, and failure to comply with the aforesaid conditions shall constitute a violation of this Part 1.
[Amended 5-27-1986 by Ord. No. 25-1986[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall connect or cause to be connected any cesspool, privy or privy vault to the public sewer.
[Amended 11-28-1977 by Ord. No. 60-1977]
No connection with any public sewer for nonindustrial users nor any construction, alteration or repair of any pipe, leader, conduit or facility between the trunk line and the building shall be made without first obtaining a permit authorizing the same.
[Amended 11-28-1977 by Ord. No. 60-1977; 5-27-1986 by Ord. No. 25-1986[1]]
A. 
Every application for a permit required by § 226-3 shall be signed by the owner of the building or premises to be connected with the sewer or by his authorized agent. It shall state the name and address of the same, and there shall be provided therewith, in duplicate, copies of a plan showing the type of construction and course of the proposed construction, as well as the exact point where it is proposed that the connection to the public sewer shall be made, and if a leader or pipe or conduit is to be constructed under the sidewalk, then the location, size and material of such leader pipe or conduit shall be shown, together with such other features as may be required pursuant to the regulations of the East Orange Board of Water Commissioners.
B. 
A permit may, at the discretion of the Executive Director of the East Orange Water Commission, embrace special provisions and conditions as to the use of flush tanks, size of pipe, method of construction, mode of use and similar details.
C. 
The application and supporting documents as above shall be filed with the Executive Director of the East Orange Water Commission and shall be subject to approval of the Executive Director of the East Orange Water Commission.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-27-1986 by Ord. No. 25-1986]
A. 
The Executive Director of the East Orange Water Commission shall consider the applications for sewer permits, as nearly as possible, in the order in which they are received. The Executive Director of the East Orange Water Commission may approve the application, suspend action on the application, reject any application or may attach such conditions thereto as may reasonably be required to assure that the proposed construction and connection to the public sewer conforms with public interest and established standards for health and safety.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Upon his approval, a permit shall be issued by the Executive Director of the East Orange Water Commission, and where conditions are attached thereto, the permit shall set forth such conditions.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The Executive Director of the East Orange Water Commission's approval may include the right to construct leader pipes or conduits under the sidewalk, and the Executive Director of the East Orange Water Commission is duly authorized pursuant hereto, by the City Council, to issue such permits and to permit encroachments extending upon, over or under the sidewalk, provided that the permit is approved with such terms as to adequately provide for the safety of pedestrians and other persons and vehicles using the public thoroughfare or easement.
[Amended 11-28-1977 by Ord. No. 60-1977; 9-12-1983 by Ord. No. 32-1983; 5-27-1986 by Ord. No. 25-1986[1]]
No permit for construction, alteration or repair of any sewer or drainage line, pipe, leader or connection to a public sewer shall be issued until the applicant has paid a nonrefundable permit fee for supervision and inspection of $150, such fee to be in accordance with the schedule promulgated by the Executive Director of the East Orange Water Commission and approved by resolution of the East Orange Board of Water Commissioners. All money collected by reason of this provision shall be paid to the East Orange Water Commission.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-27-1986 by Ord. No. 25-1986[1]]
It shall be the duty of the Executive Director of the East Orange Water Commission to keep a record of sewer permits issued pursuant to this Part 1. The Executive Director of the East Orange Water Commission may revoke any permit where, in his opinion, the construction, alteration or repair is not being performed in accordance with the regulations of the East Orange Board of Water Commissioners or with the conditions of any permit issued therefor.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-27-1986 by Ord. No. 25-1986[1]]
The cost of construction and maintenance of all sewer laterals and connections from the trunk line of the public sewer to the building of any private owner to be served thereby shall be at the expense of and shall be the obligation of the abutting property owner. The construction, alteration or repair of any conduit, pipe, leader or drain between the trunk line and the building shall be subject to the supervision and inspection of the Executive Director of the East Orange Water Commission, and no part thereof shall be covered up and filled in until opportunity to inspect the construction, alteration or repair has been afforded the Executive Director of the East Orange Water Commission. All applicants shall contact the East Orange Water Commission at least 48 hours in advance to provide and assure an inspection of the work. Work not inspected by the East Orange Water Commission will have to be replaced at the applicant's expense. All work shall confirm to the requirements of Title 5, Chapter 21 of the New Jersey Administrative Code. Restoration of all excavations shall conform to the requirements of Chapter 142, Excavations, of the Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The contractor performing the work shall be responsible for the excavation of the existing sewer service line proposed to be terminated. The service line shall be terminated by cutting and capping it a minimum of 24 inches behind the curb. Prior to backfilling of the excavation trench, the contractor shall contact the East Orange Water Commission for an inspection of the completed work. The inspection request shall be made a minimum of 24 hours in advance of the completed work. Upon approval of the work by the East Orange Water Commission, the contractor shall backfill the excavation trench. Failure to follow this procedure shall result in the contractor being fined in accordance with § 226-99, Penalties.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-27-1986 by Ord. No. 25-1986[1]]
Where, in the opinion of the Municipal Engineer, the existing stormwater drain is not located within a reasonable distance from the premises from which the drainage system is to serve, then the Executive Director of the East Orange Water Commission may deny a permit for the use of such stormwater drain. Thereupon, the owner or applicant shall apply forthwith to the Construction Code Official for a permit to construct an adequate dry well of sufficient capacity to receive and dispose of stormwater and other fluid substances from the premises, in accordance with regulations established by the New Jersey Department of Environmental Protection (NJDEP).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No sewage, refuse, stormwater, surface water or other fluids shall be directed or conducted, directly or indirectly, over, across or under any sidewalk or into any gutter or public street, except as provided in this Part 1.
B. 
Where, by reason of close proximity of the premises to a catch basin, the anticipated use of the gutter for stormwater and surface water drainage will not cause a significant loss of use of the gutter or gutters to other persons or for other purposes, the Director of Public Works, upon written application therefor, may permit drainage of stormwater or surface water under the sidewalk and into the gutter. Any such permit for drainage as set forth herein shall be signed by the Director of Public Works and shall be revocable by the Director of Public Works upon 90 days' notice. Under no circumstances shall water or other fluids be discharged across the sidewalk.
[Amended 5-27-1986 by Ord. No. 25-1986]
C. 
All permits under this section shall be issued by the Director of Public Works, who is hereby authorized to charge a nonrefundable permit fee of $0.25 for each linear foot of leader drain installed or reset, including one hole cut in the curb, and a permit fee of $2 for each additional hole cut in the curb.
[Added 9-12-1983 by Ord. No. 32-1983; 5-27-1986 by Ord. No. 25-1986]
D. 
The installing or resetting of leader drains shall be performed in accordance with regulations to be prescribed by the Director of Public Works.
[Added 9-12-1983 by Ord. No. 32-1983; 5-27-1986 by Ord. No. 25-1986]
E. 
Upon the filing of any application for a permit under this section, the applicant shall deposit with the Tax Collector the sum of $1 for each linear foot of leader drain installed or reset, including one hole cut in the curb, and the sum of $10 for each additional hole cut in the curb, provided that no permit shall be issued upon a deposit of less than $20.
[Added 9-12-1983 by Ord. No. 32-1983]
F. 
Upon the certificate of the Director of Public Works that the work of installing or resetting leader drains as aforesaid has been performed in a satisfactory manner and in accordance with the regulations adopted by the Director of Public Works and this section and other ordinances of the City, the Tax Collector shall return 100% of the deposit to the applicant one calendar year after the work has been performed. In case the party to whom the permit has been granted fails to perform the work in the manner as stated above, the Director of Public Works may perform or cause to be performed such work as may be necessary to make the same satisfactory and in accordance with the regulation as aforesaid, and the cost thereof shall be charged against the deposit; and the balance, if any, shall be returned to the applicant at the end of the designated period.
[Amended 5-27-1986 by Ord. No. 25-1986[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[1]
Editor's Note: Former § 226-11, Costs for excavating roadway areas, as amended, was repealed 7-20-1992 by Ord. No. 15-1992 and 11-8-1993 by Ord. No. 6-1993.
Lampholes or cleanouts shall be provided for the proper examination of every sewer connection at the street line and at each change of line or grade. Wherever the connection is of unusual length, there shall be provided at least one lamphole or cleanout for each 50 feet thereof, except where the main sewer is in the sidewalk area and the building is within 40 feet of the main sewer.
No water, gas or other pipe shall be laid within four feet of a sewer connection.
All cleanouts in the waste pipes to the house sewer connections shall be raised so that the screw plugs shall be at least one foot six inches above the cellar floors.
The agents and employees of the City shall have the right to enter any building and premises connected to any public sewer whenever necessary to examine the same or to do any work therein or thereon. Refusal to permit entry upon appropriate request by City agents or employees shall be deemed a violation of this Part 1.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-27-1986 by Ord. No. 25-1986[1]]
No person shall have any claim or right against the City by reason of any delay by the Director of Public Works or the Executive Director of the East Orange Water Commission in making any inspection of any construction, alteration or repair as provided in this Part 1, nor for any defect or failure of any private owner to construct or maintain any installation properly.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-27-1986 by Ord. No. 25-1986[1]]
A. 
The Director of Public Works may, from time to time, promulgate such further regulations and requirements pertaining to the construction of leaders with departmental standards and provisions and as may be necessary to the safety of the general public. All such regulations shall be in writing and copies thereof shall be available for public inspection at the office of the Director of Public Works.
B. 
The Executive Director of the East Orange Water Commission may, from time to time, promulgate such further regulations and requirements pertaining to connections into the public sewers and construction, alteration or repair of pipelines, conduits or drains appurtenant thereto in conformity with the standards and provisions of this Part 1 as may be necessary to the public health and safety and proper operation of the sewer system. All such regulations shall be in writing, and copies thereof shall be available for public inspection at the offices of the East Orange Water Commission during normal business hours.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 9-18-2006 by Ord. No. 23-2006[1]]
[1]
Editor's Note: This ordinance added new material as §§ 226-18 through 226-18.4. The sections were renumbered as §§ 226-17.1 through 226-17.5 because the Code already contained § 226-18.
The following definitions shall apply to the interpretation and enforcement of this article:
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations.
INDUSTRIAL WASTE
Nondomestic waste, including, but not limited to, those pollutants regulated.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, gutters, ditches, man-made channels or storm drains) that is owned or operated by the City of East Orange or other public body and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System.
NONCONTACT COOLING WATER
Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Noncontact cooling water may, however, contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than noncontact cooling water.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
UNLAWFUL CONNECTION
Any physical or nonphysical connection that discharges domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the City of East Orange, unless that discharge is authorized under NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows or overflows into the municipal separate storm sewer system.
No person shall discharge or cause to be discharged through any unlawful connection to the City's municipal separate storm sewer system (MS4) domestic sewage, noncontact cooling water, process wastewater or other industrial waste.
Notwithstanding any other ordinance to the contrary, the following discharges shall be permitted:
A. 
Waterline flushing and discharges from potable water sources.
B. 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
C. 
Air-conditioning condensate (excluding contact and noncontact cooling water).
D. 
Irrigation water (including landscaping and lawn watering runoff).
E. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
F. 
Residential car washing water and residential swimming pool discharges.
G. 
Sidewalk, driveway and street wash water.
H. 
Flows from firefighting activities.
I. 
Flows from the rinsing of the following equipment with clean water:
(1) 
Equipment used for fighting fires; and
(2) 
Equipment used in application of salt and deicing materials immediately following salt and deicing material applications. Prior to rinsing with clean water, all residential salt and deicing materials must be removed from equipment and vehicles to the maximum extent practicable using dry-cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of salt and deicing equipment is limited to exterior, undercarriage and exposed parts and does not apply to engines or other enclosed machinery.
Unlawful discharges to catch basins and manholes shall be enforced by the East Orange Board of Water Commissioners.
Any member of the public in violation of the provisions of this article, after being duly notified, shall be subject to a fine not to exceed $2,000, 90 days' imprisonment and/or 90 days of community service.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).