[HISTORY: Adopted by the Mayor and Council
of the Borough of Hopatcong 8-6-2003 by 13-2003. Amendments noted
where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 24.
Sewer utility — See Ch. 47.
Uniform construction codes — See Ch. 93.
Site plan review — See Ch. 191.
Subdivision of land — See Ch. 209.
Zoning — See Ch. 242.
Plumbing standards — See Ch. 266.
Sanitary code — See Ch. 274.
Sewage disposal systems — See Ch. 278.
The intent and purpose of this chapter are as
follows:
A.
To require the use of public sewers.
B.
To prohibit the discharge of sewage and waste into
the sewerage system in excess of its carrying capacity.
C.
To prohibit or regulate the discharge of sewage industrial
wastes which may cause maintenance and/or operating difficulties of
the sewers or other structures and equipment appurtenant to the sewerage
system.
D.
To require the treatment before introduction to the
sewerage system of such wastes as may otherwise impair the strength
and/or durability of structures appurtenant to the system by direct
or indirect chemical action or which may adversely affect normal treatment
processes at sewage treatment plants.
E.
To establish the characteristics of the sewage and
industrial wastes.
F.
To establish the design standards, materials and methods
of construction for connecting to the public sewer.
G.
To establish the fees for connection to the public
sewer.
A.
ACCESSORY STRUCTURE
BIOCHEMICAL OXYGEN DEMAND
BOROUGH
BOROUGH ATTORNEY
BUILDING DRAIN
BUILDING SEWER
BUILDING SEWER LATERAL
CLEANOUT
COMMERCIAL PROPERTIES
EDU ("equivalent dwelling unit" or otherwise referred to herein
as “service unit”)
FLAMMABLE LIQUID
GARBAGE
GREASE INTERCEPTOR
GRINDER PUMPS
INDIVIDUAL WATER SOFTENER
INDUSTRIAL WASTE
INITIATION FOR INTERCEPTOR
LOCAL SEWERAGE SYSTEM
MOTEL and ROOMING HOME
MSA
MSA REGIONAL SEWERAGE TREATMENT WORKS
NATURAL OUTLET
PERSON
pH
PLUMBING INSPECTOR
PUBLIC PROPERTIES
PUBLIC SEWER
RESIDENTIAL PROPERTIES
SAND INTERCEPTOR
SANITARY SEWAGE (domestic or home sewage)
SANITARY SEWER
SERVICE CHARGE
SEWAGE
SEWAGE TREATMENT PLANT
SEWER
STORM SEWER or STORM DRAIN
STRUCTURE
SUPERVISOR OF WATER AND SEWER
SUSPENDED SOLIDS
WASTEWATER TREATMENT SYSTEM
WATERCOURSE
Unless the context specifically indicates otherwise,
the meanings of terms used in this chapter shall be as follows:
A subordinate structure or building, the purpose of which
is customarily incidental to that of the main building and is on the
same lot. Accessory structure, or residential accessory structure,
shall include, but not be limited to, such structures as detached
garages, boathouses or any separate structure with sanitary facilities
to be connected to the municipal sewer system.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20º C., expressed in parts per million by weight.
The Borough of Hopatcong, New Jersey.
The duly appointed Attorney of the Borough.
That part of the lowest horizontal piping of drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the buildings and conveys it to the building sewer,
beginning three feet outside the inner face of the building wall.
The extension from the building drain to the building sewer
lateral or other place of disposal.
That part of the sewer system extending between the public
sewer main and the curb line of the equivalent dwelling unit (EDU).
The cleanout shall be located at the theoretical curbline
of any property and a public or private street or any easement and
shall be the point of connection of any property serviced by a gravity
sewer line to the municipal sewer system. The Borough shall be responsible
for the maintenance of the building sewer lateral from the sewer line
to the cleanout, and the property owner shall be responsible for the
sewer lateral from the cleanout to the structure connected to the
municipal sewer system.
All properties containing one or more commercial uses or
a mixture of one or more commercial uses and one or more residential
uses.
[Added 12-6-2006 by Ord. No. 39-2006]
A unit of measure which estimates sewage flow generated equivalent
to that generated by a single-family residential dwelling unit. For
the purpose of this chapter, an equivalent dwelling unit (EDU) shall
be deemed to be a sewage flow of 200 gallons per day (gpd).
[Added 12-6-2006 by Ord. No. 39-2006]
Pollutants which create a fire or explosion hazard in the
local sewerage system or the MSA Regional Sewerage Treatment Works,
including but not limited to waste streams with a closed cup flashpoint
of less than 140º F. or 60º C. using the test methods specified
in 40 CFR 261.21.
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
A receptacle designed to collect and retain grease and fatty
substances normally found in kitchen or similar wastes. It is installed
in the drainage system between the kitchen or other point of production
of the waste and the building sewer.
A part of a building sewer that shreds and conditions sewerage
and discharges under pressure into either a low head pressure system
or into a gravity system at a higher elevation than the discharge
point. The grinder pump shall be the point of connection of the property
to the municipal sewer system.
[Amended 9-21-2016 by Ord. No. 23-2016]
Any public or private water unit designed to filter, treat,
separate or soften private or domestic water supplies.
The liquid wastes from industrial processes as distinct form
sanitary sewage.
A receptacle designed and constructed to intercept or separate
and prevent the passage of oil, grease, sand or similar materials
into the drainage system to which it is directly or indirectly connected.
System of sewer and appurtenances including sewer mains,
pumping stations, grinder pumps, building sewer laterals and cleanouts
owned and operated by the Borough of Hopatcong for the collection,
transportation and pumping of sewage and industrial wastes to the
MSA Regional
[Amended 8-3-2005 by Ord. No. 26-2005]
Any property containing multiple rooms for rent by the day,
week or month primarily for sleeping accommodations for transient
residential use without complete kitchen and living facilities. Motels
and rooming homes shall be considered commercial properties under
this chapter.
[Amended 12-6-2006 by Ord. No. 39-2006]
The Musconetcong Regional Sewerage Authority.
All facilities owned and operated by the MSA for collecting,
conveying, pumping, treatment and disposing of sewage.
Any outlet which discharges water directly or indirectly
into a watercourse, pond, ditch, lake or other body of surface or
ground water.[1]
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
A person licensed and authorized to inspect plumbing pursuant
to the provisions of N.J.S.A. 26:1A-38 to 26:1A-44 and N.J.S.A. 26:3-20
and in the employment of the Borough of Hopatcong.
Any building or property belonging to the Borough of Hopatcong,
Board of Education of the Borough of Hopatcong, County of Sussex,
State of New Jersey or any political subdivision or agency of any
of the foregoing.
A sewer in which all owners of abutting properties have certain
rights and which is controlled by public authority.
All single-family homes and apartments, townhouses, condominiums,
and co-op properties containing more than one single-family dwelling.
[Added 12-6-2006 by Ord. No. 39-2006]
An interceptor designed primarily for sand.
Wastewater, water-carried culinary wastes and liquid waste
containing human excrement and other matter, flowing in or from a
building drainage system or sewer originating in a building, factory
or institution.
A sewer which carries sewage and to which storm, surface
and ground waters are not intentionally admitted.
The annual charge imposed by the Borough of Hopatcong for
the use of the municipal sewer system. Such charge shall be calculated
on an EDU basis and shall be sufficient to satisfy all of the financial
obligations of the Borough's sewer utility on an annual basis.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments.
Any arrangement of devices and structures used for treating
sewage.
A pipe or conduit for carrying sewage.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and polluted industrial wastes.
A building containing one or more residential units, nonresidential
units, or a mixture thereof.
[Added 12-6-2006 by Ord. No. 39-2006]
A representative of the Borough of Hopatcong duly appointed
for the position of Supervisor of Water and Sewer and/or its designated
representatives.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
All of the component facilities of the Musconetcong Sewerage
Authority and the Hopatcong Sewer System for the collection, conveyance,
treatment and discharge of sewage effluent.
A man-made or naturally occurring channel in which a flow
of water occurs, either continuously or intermittently.
[1]
Editor's Note: The former definition of “nonresidential,”
which immediately followed this definition, was repealed 12-6-2006
by Ord. No. 39-2006.
A.
It shall be unlawful for any person to place or deposit
in an unsanitary manner, upon public or private property within the
Borough of Hopatcong, or in any area under the jurisdiction of said
Borough, any human or animal excrement, garbage or other noxious waste.
B.
It shall be unlawful to discharge to any natural outlet
within the Borough, or in any area under the jurisdiction of said
Borough, any sanitary sewage, industrial wastes or other polluted
waters, except where suitable treatment has been provided in accordance
with the Sanitary Code of the Borough.[1]
C.
The owner of each house connection shall be responsible
for and make such provisions as he deems necessary to protect his
premises against backflow of sewage from the sanitary sewer. Sufficient
check valve and appurtenant equipment shall be installed and maintained
by owner as he deems necessary. All such appurtenances and equipment
shall be the sole responsibility of the owner, and the Borough assumes
no responsibility for its installation and operation nor for damage
caused by sewerage backflow.
D.
It shall be unlawful for any person, without legal
authority to do so, to disturb, alter, tamper with, injure, change,
obstruct access to or to interfere with any part of the local sewage
system.
[Added 8-3-2005 by Ord. No. 26-2005]
A.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, swimming pool water, sump pump discharges, once through
cooling water or unpolluted industrial process waters to any sanitary
sewer. However, the Borough encourages those property owners with
water softeners to develop and use alternate means of disposal of
individual water softener discharges in order to avoid the discharge
of water softeners into the municipal sewer system where it is practical
to do so.
B.
Stormwater and all other unpolluted processed water
or drainage shall be discharged to such sewers as are specifically
designated as storm drains or storm sewers or to a natural outlet.
Industrial cooling water once through or unpolluted process waters
may be discharged, upon approval of the Municipal Engineer, to a storm
drain or natural outlet.
C.
No person shall discharge or cause to be discharged
to any public sewer:
(1)
Gasoline, benzene, naphtha, fuel oil, lubricating
oils and greases, flammable or explosive liquids, gases, paint and
lacquers, tars, plastics and other viscous substances.
(2)
Shredded garbage.
(3)
Abrasive, ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics or woods.
(4)
Solid or viscous substances which are capable of causing
obstructions in sewers or interference with the proper functioning
of the treatment processes.
(5)
Any liquid or vapor having a temperature higher than
110º F.
(6)
Any waters or wastes which may contain more than 10
parts per million by weight of fat, oil or grease.
(7)
Any waters or wastes containing suspended solids of
such character and quantity that unusual attention or expense is required
to handle the materials at the sewage treatment plant.
(8)
Wastes containing viable pathogenic bacteria other
than those normal to domestic sewage.
(9)
All wastes containing corrosive matters or toxic or
poisonous substances in sufficient quantity to injure or interfere
with the sewage treatment process or create any hazard to humans,
animals, sewers, structures, equipment or personnel of the sewage
treatment works or to create any hazard in the receiving waters of
the sewage treatment plant.
(10)
Any noxious, toxic, corrosive or malodorous solids,
liquids or gases which, either singly or by interaction with other
substances, are capable of creating a public nuisance and hazard to
life or preventing entry into sewers for their maintenance and repair.
(11)
Any radioactive isotopes and antibiotic wastes.
(12)
All waters, wastes or deleterious substances which
shall be excluded from discharge to intercepting or trunk sewers of
the MSA as defined by existing or future regulations of the MSA and
existing or future agreements between the Borough and the MSA.
(13)
Any waters, wastes or deleterious substances which
require pretreatment or dilution before introduction to intercepting
or trunk sewers of the MSA as defined by existing or future agreements
between the Borough and the MSA.
(14)
Any water or wastes having a pH lower than 5.5 or
higher than 9.0 or having any other corrosive property capable of
causing damage or hazard to structures, equipment and personnel of
the sewage works.
(15)
Any waters or wastes having a five-day biochemical
oxygen demand greater than 300 parts per million by weight.
(16)
Any waters or wastes containing more than 350 parts
per million, by weight, of suspended solids.
(17)
Any waters or wastes containing levels of total phosphorous
as P greater than 6.0 parts per million.
D.
The following concentrations of additional substances
will govern the acceptance of sewage by the MSA:
|
Substance
|
Maximum Allowable Parts per Million
| |
|---|---|---|
|
Total iron
|
1.0
| |
|
Copper
|
1.0
| |
|
Chromium (hexavalent)
|
0.05
| |
|
Cyanides
|
0.20
| |
|
Phenols
|
0.005
| |
|
Free mineral acid
|
None
| |
|
Acetylene generation sludge
|
None
|
E.
Where preliminary treatment facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his expense.
(1)
When required by the Borough, the owner of any property
served by a building sewer carrying industrial wastes shall install
a control manhole in the building sewer to facilitate observation,
sampling and measurement of the wastes. Such manhole, when required,
shall be accessible and safely located and shall be constructed in
accordance with plans approved by the Borough. The manhole shall be
installed by the owner at his expense and shall be maintained by him
so as to be safe and accessible at all times.
(2)
Where necessary in the opinion of the Borough, the owner shall provide, at his expense, such preliminary treatment as may be required to reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight; or reduce objectionable characteristics or constituents to within the acceptable limits provided for in Subsection C above; or control the quantities and rates of discharge of such waters or wastes.
(3)
Plans, specifications and any other pertinent information
relating to proposed preliminary treatment facilities shall be submitted
for the approval of the Borough, MSA and the New Jersey Department
of Environmental Protection (NJDEP). Under no circumstances can any
construction of such facilities commence until said approvals/permits
are obtained in writing.
F.
No statement contained in this section shall be construed
as prohibiting any special arrangement between the Borough and any
persons whereby an industrial waste of unusual strength or character
may be admitted to the sewerage system, whether before or after pretreatment,
provided that there is no impairment of the functioning of the sewerage
system or any sewerage treatment plant by reason of the administration
of such wastes.
(1)
The Borough may, on a routine basis, randomly grab
discharge samples from individual generators, and once a particular
discharge is found to exceed the maximum limits specified previously,
the qualitative surcharge will be imposed. Additionally, a minimum
frequency of quarterly grab sampling will be conducted by the Borough
for determining any excessive constituents or characteristics, and
the additional charges for the same shall be reflected and payable
by the owner or occupant in his quarterly sewer billing.
(2)
Any violation of the aforementioned standards set
forth above shall permit the Borough to issue a cease and desist notification
of that discharge. The Borough may thereafter proceed by all appropriate
methods in enforcement of such cease and desist notification.
G.
All measurements, tests and analysis of the characteristics
of waters or wastes to which reference is made herein shall be determined
by a New Jersey Department of Environmental Protection (NJDEP) certified
laboratory for water and wastewater analysis and in accordance with
the latest edition of Standard Methods for the Examination of Water
and Sewage. Samples will be collected at the most representative point
of collection deemed by the Borough.
H.
In no event shall the achievement of any acceptable
limits as pertains to this section be accomplished by any form of
dilution.
I.
It shall be unlawful to discharge any industrial waste
into the municipal sewer system without the prior written consent
of both the MSA and the Borough. The MSA and the Borough shall both
have the right to limit the quantity and quality of any industrial
discharge into the municipal sewer system and require pretreatment
of any such discharge at the sole expense of the property owner. If
permitted to be discharged into the municipal sewer system, all industrial
wastes shall be pretreated to a domestic equivalent standard and shall
comply with all federal and state regulations governing same.
J.
The Borough hereby establishes the following program
to ensure the elimination of sources of groundwater, surface water
and shredded garbage discharges into the local sewage system.
[Added 8-3-2005 by Ord. No. 27-2005]
(1)
Any person who permits or has permitted on his or
her property any connection of a sump pump, roof drain, area drain
or garbage shredder to the local sewage system shall cause said restricted
discharge to be immediately disconnected from the local sewage system
at said person’s sole cost and expense.
(2)
After said person has disconnected his or her garbage
shredder, said shredder shall remain disconnected and shall not thereafter
be reconnected to the local sewage system.
(3)
After said person has disconnected his or her sump
pump, roof drain or area drain from the local sewage system, said
person shall be permitted to continue to utilize on his or her property
said pump or drain system in accordance with the following requirements:
(a)
The pump shall have a permanent piping installation
to direct flow at least ten feet from a building structure and at
a location which will minimize infiltration to the building foundation
and/or local sewage system.
(b)
The pump or drain discharge pipe shall not discharge
water, either directly or indirectly, to a public right-of-way, easement
or public property without permission from the Borough Engineer. Said
Engineer, when evaluating a request to redirect flow from a pump or
a drain, shall require the submittal of the following information:
[1]
A written proposal noting thereon how the flow
is intended to be redirected to discharge to a storm sewer or the
gutter line of a street so that icing or street erosion conditions
will not occur.
[2]
A sketch submitted showing the connection of
the pump or drain line to a storm sewer; submission of any street
opening permit required, if work is to be done in the Borough right-of
way.
(c)
The new pump or drain connection shall not discharge
water onto any adjacent property.
(d)
No pump or drain connection shall be made to
the local sewage system.
K.
Prior to the transfer of title of any real property
containing a building connected to the local sewage system, the owner
shall obtain a certificate of compliance from the Construction Code
Official, or his designee, that the property is in compliance with
the provisions of this section. The property owner shall apply for
the certificate on a form provided by the Borough. The fee for said
inspection shall be $50 which shall be paid by the property owner
prior to said inspection. The Construction Code Official, or his
designee, shall inspect the property and shall issue the certificate
if said property is found to be in compliance with the provisions
of this section.
[Added 8-3-2005 by Ord. No. 27-2005]
L.
The Borough shall have the right at any time upon
reasonable cause to inspect any structure connected to the local sewage
system for any prohibited discharge into the local sewage system.
[Added 8-3-2005 by Ord. No. 27-2005]
M.
Grease traps.
[Added 6-4-2014 by Ord. No. 11-2014]
(1)
Grease, oil and sand interceptors shall be provided as follows:
(a)
Grease interceptors shall not be required for residential users.
(b)
The requirements of this section shall apply to both new and
existing facilities generating fats, oils, or greases as a result
of food manufacturing, processing, preparation, or food service. These
facilities include but are not limited to restaurants, food manufacturers,
food processors, hospitals, hotels and motels, prisons, nursing homes,
and any other facility preparing, serving, or otherwise making any
foodstuff available for consumption.
(c)
No user may intentionally or unintentionally allow the direct
or indirect discharge of any fats, oils, or greases of animal or vegetable
origin into the municipal sanitary sewer system in quantities above
100 ppm or in such amounts as to cause interference with the collection
and treatment system, or as to cause pollutants to pass through the
treatment works into the environment.
(2)
Installation and maintenance requirements.
(a)
Installations.
[1]
New facilities. Food processing or food service facilities which
are newly proposed or constructed, or existing facilities which will
be expanded or renovated to include a food service facility, where
such facility did not previously exist, shall be required to design,
install, operate and maintain a grease interceptor in accordance with
locally adopted plumbing codes or other applicable ordinances. Unless
otherwise approved, grease interceptors shall be located a minimum
of 20 feet from any potential hot water discharges. Grease interceptors
shall be installed and inspected prior to issuance of a certificate
of occupancy.
[2]
Existing facilities. Existing grease interceptors must be operated
and maintained in accordance with the manufacturer's recommendations
and in accordance with these model standards, unless specified in
writing and approved by the municipal sanitary sewer system.
[3]
All grease interceptor waste shall be properly disposed of at
a facility in accordance with federal, state, or local regulation.
(c)
Self-cleaning; hydro-mechanical grease interceptors only.
[1]
Grease interceptor self-cleaning operators must receive approval
from the municipal sanitary sewer system to remove grease from their
own grease hydro-mechanical grease interceptors. The following conditions
shall apply:
[a]
The grease interceptor is no more than 100 GPM
size;
[b]
Proper on-site material disposal methods are implemented
(e.g., absorb liquid into solid form and dispose into trash);
[c]
The local solid waste authority allows such practices;
[d]
Grease waste is placed in a leakproof, sealable
container(s) located on the premises and in an area for the transporter
to pump out; and
[e]
Detailed records on these activities are maintained.
[2]
Grease interceptor self-cleaning operators must submit a completed
self-cleaning request to the municipal sanitary sewer system for approval.
The written request shall include the following information:
[a]
Business name and street address;
[b]
Grease interceptor operator name, title, and phone
number;
[c]
Description of maintenance frequency, method of
disposal, method of cleaning and size (in gallons) of the grease interceptor;
and
[d]
Signed statement that the operator will maintain
records of waste disposal and produce them for compliance inspections.
[3]
Self-cleaners must adhere to all the requirements, procedures
and detailed recordkeeping outlined in their approved application,
to ensure compliance with this subsection. A maintenance log shall
be kept by self-cleaning operators that indicates, at a minimum, the
following information:
[a]
Date the grease trap/interceptor was serviced;
[b]
Name of the person or company servicing the grease
trap/interceptor;
[c]
Waste disposal method used;
[d]
Gallons of grease removed and disposed of;
[e]
Waste oil added to grease interceptor waste; and
[f]
Signature of the operator after each cleaning that
certifies that all grease was removed, disposed of properly, grease
trap/interceptor was thoroughly cleaned, and that all parts were replaced
and in operable condition.
[4]
Violations incurred by grease interceptors self-cleaners will
be subject to enforcement action including fines and/or removal from
the self-cleaner program.
(d)
Cleaning schedules.
[1]
Grease interceptors shall be cleaned as often as necessary to
ensure that sediment and floating materials do not accumulate to impair
the efficiency of the grease interceptor; to ensure the discharge
is in compliance with local discharge limits; and to ensure no visible
grease is observed in discharge.
[2]
Grease interceptors shall be completely evacuated a minimum
of every 30 days, or more frequently when:
[a]
Twenty-five percent or more of the wetted height
of the grease trap or grease interceptor, as measured from the bottom
of the device to the invert of the outlet pipe, contains floating
materials, sediment, oils or greases;
[b]
The discharge exceeds BOD, COD, TSS, FOG, pH, or
other pollutant levels established by the municipal sanitary sewer
system; or
[c]
If there is a history of noncompliance.
[3]
Any person who owns or operates a grease interceptor may submit
to the municipal sanitary sewer system a request in writing for an
exception to the thirty-day cleaning frequency of their grease interceptor,
The municipal sanitary sewer system may grant an extension for required
cleaning frequency on a case-by-case basis when:
[a]
The grease interceptor owner/operator has demonstrated
the specific interceptor will produce an effluent, based on defensible
analytical results, in consistent compliance with established local
discharge limits such as BOD, TSS, FOG, or other parameters as determined
by the municipal sanitary sewer system, or
[b]
Less than 25% of the wetted height of the grease
interceptor, as measured from the bottom of the device to the invert
of the outlet pipe, contains floating materials; sediment, oils or
greases.
[4]
In any event, a grease interceptor shall be fully evacuated,
cleaned, and inspected at least once every 90 days.
(e)
Manifest requirements.
[1]
Each pump-out of a grease interceptor must be accompanied by
a manifest to be used for recordkeeping purposes.
[2]
Persons who generate, collect and transport grease waste shall
maintain a record of each individual collection and deposit. Such
records shall be in the form of a manifest. The manifest shall include:
[a]
Name, address, telephone, and commission registration
number of transporter;
[b]
Name, signature, address, and phone number of the
person who generated the waste and the date collected;
[c]
Type and amount(s) of waste collected or transported;
[d]
Name and signature(s) of responsible person(s)
collecting, transporting, and depositing the waste;
[e]
Date and place where the waste was deposited;
[f]
Identification (permit or site registration number,
location, and operator) of the facility where the waste was deposited;
[g]
Name and signature of facility on-site representative
acknowledging receipt of the waste and the amount of waste received;
[h]
The volume of the grease waste received; and
[i]
A consecutive numerical tracking number to assist
transporters, waste generators, and regulating authorities in tracking
the volume of grease transported.
[3]
Manifests shall be divided into five parts and records shall
be maintained as follows:
[a]
One part of the manifest shall have the generator
and transporter information completed and be given to the generator
at the time of waste pickup.
[b]
The remaining four parts of the manifest shall
have all required information completely filled out and signed by
the appropriate party before distribution of the manifest.
[c]
One part of the manifest shall go to the receiving
facility.
[d]
One part shall go to the transporter, who shall
retain a copy of all manifests showing the collection and disposition
of waste.
[e]
One copy of the manifest shall be returned by the
transporter to the person who generated the wastes within 15 days
after the waste is received at the disposal or processing facility.
[f]
One part of the manifest shall go to the local
authority.
[g]
Copies of manifests returned to the waste generator
shall be retained for five years and be readily available for review
by the municipal sanitary sewer system.
[h]
Alternative treatment.
(f)
Bioremediation. Bioremediation media shall only be used with
approved fog disposal systems ASME A112.14.4.
(3)
Compliance and penalties. All tests to determine oil and grease,
TSS, BOD, COD, pH, and other pollutant levels shall use appropriate
tests which have been approved by the Environmental Protection Agency
which are defined in Title 40, Code of Federal Regulations, Part 136.
Testing shall be open to inspection by the municipal sanitary sewer
system, and shall meet the municipal sanitary sewer system's approval.
[Amended 3-4-2015 by Ord.
No. 3-2015]
(4)
Prohibited practices. No person shall introduce, or cause, permit,
or suffer the introduction of any surfactant, solvent or emulsifier
into a grease interceptor. Surfactants, solvents, and emulsifiers
are materials which allow the grease to pass from the grease interceptor
into the collection system, and include but are not limited to enzymes,
diesel, kerosene, turpentine, and other solvents.
(5)
Compliance monitoring.
[Amended 9-21-2016 by Ord. No. 23-2016]
(a)
Right of entry. The municipal sanitary sewer supervisor shall
have the right to enter the premises of any user or potential user
to determine whether the user is complying with all requirements of
this chapter and any wastewater discharge permit or order issued hereunder.
Users shall allow the municipal sanitary sewer supervisor ready access
to all parts of the premises for the purposes of inspection, sampling,
records examination and copying, and the performance of any additional
duties.
[1]
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the municipal sanitary
sewer supervisor will be permitted to enter without delay for the
purposes of performing specific responsibilities.
[2]
The municipal sanitary sewer supervisor shall have the right
to set up on the user's property, or require installation of, such
devices as are necessary to conduct sampling and/or metering of the
user's operations.
[3]
The municipal sanitary sewer supervisor may require the user
to install monitoring equipment as necessary such as FOG sensing and
alarm devices complying with PDT G102. The facility's monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense.
[4]
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the municipal sanitary
sewer supervisor and shall not be replaced. The costs of clearing
such access shall be borne by the user.
[5]
Unreasonable delays in allowing the municipal sanitary sewer
supervisor access to the user's premises shall be a violation of this
subsection.
(b)
Search warrants. If the municipal sanitary sewer supervisor
has been refused access to a building, structure, or property, or
any part thereof, and is able to demonstrate probable cause to believe
that there may be a violation of this subsection, then the municipal
sanitary sewer supervisor may seek issuance of a search warrant.
[1]
Editor's Note: The title of this section was amended 6-4-2014
by Ord. No. 11-2014 to include "grease traps."
A.
All commercial properties and public properties within
the Borough shall have a water meter to measure the use of water regardless
of whether the property receives water from the municipal water system,
a private water company, a well or some other source. The installation
of the water meter shall be at the sole cost and expense of the property
owners. The type and location of the meter shall be as directed by
the Borough.
[Amended 12-6-2006 by Ord. No. 39-2006]
B.
Any owner or occupant who fails to install a functioning
meter within 30 days of the owner's or occupant's receipt of written
notice from the Borough to so install a meter shall also be charged
a service charge of $50.00 per day for each day after 30 days in which
the meter is not installed in addition to all other applicable fees.
C.
In order to allow for the maximum number of connections
to the municipal sewer system, the system shall be limited to only
residential users and those nonresidential users generating less than
1,000 gallons of sewage per day based upon water consumption records
for the user, excluding any building or structure owned or operated
by the Borough or the Board of Education. If no water consumption
records are available, the estimated amount of water consumption,
as determined by the Borough Engineer using sound engineering principles,
shall be controlling. In nonresidential structures containing more
than one unit, the one-thousand-gallons-per-day limitation established
herein shall be multiplied by the number of units in the building
to determine the limitation established by this section. However,
in no event shall any nonresidential property discharge more than
2,500 gallons of sewage per day into the municipal sewer system. The
aforesaid limitation shall be determined based upon the average daily
use of the nonresidential property as measured on a quarterly basis.
If water records indicate that more than 2,500 gallons per day of
sewage is being discharged into the municipal sewer system by any
nonresidential property, the property owner shall be required to establish
such water conservation measures as shall be necessary to reduce the
daily flow of sewage from the property to 2,500 gallons per day or
less. For purposes of determining the amount of sewage flow into the
municipal sewer system based upon water meter records, it shall be
presumed that 80% of the metered water flow enters the municipal sewer
system.
[Amended 3-15-2006 by Ord. No. 4-2006]
The Supervisor of Water and Sewer and other
duly authorized employees, agents and consultants of the Borough bearing
proper credentials and identification shall be permitted to enter
on all properties for the purpose of inspection, observation, measurements,
sampling and testing in accordance with the provisions of this chapter.
Duly authorized employees, agents and consultants of the MSA shall
have the same authority hereunder as Borough employees.
The annual sewer use charge for all sewage discharged into the MSA Regional Sewerage Treatment Works shall be based upon the MSA charges prorated per equivalent dwelling unit (EDU) and the Borough's sewer use fees. There shall be a separate sewer use charge for each service unit served by the wastewater treatment system according to the number and type of service units attributable to the subject real property. In determining service units relative to each parcel of land, the service unit mentioned herein shall be otherwise known and designated as an "equivalent dwelling unit" (EDU). The definition of the term "EDU" as is set forth in § 186-2 hereof shall be controlling.
[Amended 7-21-2004 by Ord. No. 26-2004; 12-21-2005 by Ord. No. 42-2005; 7-5-2007 by Ord. No. 13-2007; 4-17-2019 by Ord. No. 2-2019]
A.
Sewer service
charges shall be billed quarterly on March 1, June 1, September 1,
and December 1 of each year, and shall be due within 30 days. In the
event that any payment is not made within 15 days of its due date,
a late penalty of $25 shall be added.
B.
In the event
that a bill for sewer service charges is not paid within 30 days of
the bill date, the account shall be considered delinquent and interest
shall be charged at the maximum rate permitted for nonpayment of real
property taxes pursuant to N.J.S.A. 54:4-67. Unpaid sewer service
charges shall be a lien on the premises and shall be enforceable in
the manner provided for real property tax liens pursuant to N.J.S.A.
54:5-1 et. seq.
[Amended 12-21-2005 by Ord. No. 43-2005; 12-6-2006 by Ord. No. 39-2006; 12-20-2006 by Ord. No. 43-2006; 12-17-2008 by Ord. No. 28-2008; 9-21-2016 by Ord. No. 23-2016; 4-17-2019 by Ord. No.
2-2019; 11-26-2019 by Ord. No. 26-2019]
The annual rate shall be as follows:
A.
Effective September 1, 2023, the annual sewer rate shall be $1,080
per equivalent dwelling unit (EDU), paid in quarterly installments
of $270.
[Amended 4-21-2021 by Ord. No. 10-2021; 8-16-2023 by Ord. No. 19-2023]
B.
Commercial and public properties shall be billed one EDU for each structure connected to the municipal sewer system. Commercial and public properties shall be billed a surcharge as measured by water consumption as set forth in Subsections C and D. Commercial structures with a master meter shall be billed one EDU plus the surcharge regardless of the number of tenants. Structures without a master meter shall be billed one EDU plus a surcharge for each meter.
[Amended 2-19-2020 by Ord. No. 1-2020]
D.
The surcharge rate referenced in Subsection C shall be:
|
Surcharge Rate
|
Effective Date
|
|---|---|
|
$21.92 per 1,000 gallons
|
January 1, 2020
|
|
$24.66 per 1,000 gallons
|
January 1, 2021
|
|
$27.40 per 1,000 gallons
|
January 1, 2022
|
E.
A customer may apply to the Borough to install a meter on the sewer
line at their own expense. The property owner is responsible for all
maintenance, repair and replacement of the meter. An annual calibration
of the meter at the property owner's cost is required. The meter,
construction, and reporting details must be approved by the Borough
Engineer.
F.
All single-family residential property, including houses, townhomes,
condominiums and co-ops, shall be charged one EDU.
G.
For residential lots containing more than one single-family residential
structure, each single family residential structure on the property
shall be charged one EDU.
H.
For multifamily residential structures and apartments, each unit
containing one bedroom shall be billed 0.50 of an EDU and each unit
containing two or more bedrooms shall be billed one EDU.
J.
The property owner is responsible to maintain and repair the building
sewer lateral and cleanouts from the property line to the structure.
If the user fails to make repairs after notice from the Sewer Department,
the Borough may make the repairs with the cost billed to the property
owner.
K.
In the event that a structure receiving sanitary sewer service is
destroyed or demolished, the owner may apply to the Borough to discontinue
sewer service to the property. The fee for the application shall be
$150. The property owner shall cap the sewer service line, which shall
be Inspected and approved by the Borough Engineer. The quarterly service
charge will continue to the end of the quarter in which the final
approval is given. The property owner shall obtain all permits required
by any other sections of this Code.
In the event that any property containing a
structure or structures receiving sanitary sewer service shall be
demolished or otherwise removed from the property site, the owner
of said property may apply to the Borough to discontinue sewer service
to said property. The property owner shall pay a permit fee of $150
for the discontinuance of sanitary sewer service to any such property.
The property owner shall also be responsible to cap the sewer service
line, which had provided sanitary sewer service to the property, which
capping shall be inspected and approved by the Borough. The quarterly
service charge for sanitary sewer service to any such property being
disconnected from the municipal sewer system shall continue in effect
through the end of the quarter in which the Borough issues its final
approval of the disconnection of the property from the municipal sewer
system. Nothing in this section shall relieve the property owner from
obtaining any and all permits required by any other provision of this
Code.
[Amended 3-15-2006 by Ord. No. 5-2006; 7-5-2006 by Ord. No. 25-2006; 1-5-2011 by Ord. No. 28-2010; 4-15-2015 by Ord. No. 6-2015]
Each property owner whose property is connected
to the municipal sewer system on or after January 1, 2011, shall pay
a one-time connection fee of $6,083 per EDU. Thereafter, a connection
fee shall be established annually.
A.
The procedure for determination of connection fees
shall be as follows:
(1)
The amount representing all debt service, including
principal and interest paid by the sewer utility for capital improvements,
including a pro rata portion of the annual service charge paid by
the Borough to the MSA, shall be calculated as of the end of the immediately
preceding calendar year.
(2)
An equivalent dwelling unit (EDU) shall be defined
as a single-family residential dwelling unit. The wastewater flow
generated from a single-family residential dwelling unit shall be
assigned a value of 1.00 EDU and the rate flow in gallons is 200 gallons
per day.
(3)
The number of equivalent dwelling units (EDU), as
of the end of the immediately preceding calendar year, serviced by
the utility shall be calculated by dividing the average daily wastewater
flow, contributed by its users, by the rate of flow assigned to 1.00
EDU.
(5)
The connection fee for a single-family residential
dwelling unit shall be that for 1.00 EDU.
(6)
For connectors, other than single-family residential
dwelling units, the number of EDU's attributed to that connector shall
be calculated by dividing the estimated average daily flow of sewage
for the connector by the average daily flow of sewage from an average
single-family residential dwelling unit, as defined herein.
(7)
The estimated average daily flow of sewage for the
connector shall be based upon metered water usage for the prior two
years. If metered water usage is not available, sewage flow shall
be estimated (based upon sound engineering criteria and judgment)
by the Borough Engineer.
B.
The connection fee of $6,083 per EDU provided hereinabove shall be due and payable prior to the issuance of a certificate of occupancy. Cases where a certificate of occupancy is not required, payment shall be made prior to activation of service. Nothing in this section shall be construed to grant the property owner an automatic extension of a sewerage allocation permit pursuant to § 186-29 of this chapter. Any property owner paying a connection fee is required to comply with all provisions of § 186-29 of this chapter regarding the extension of any sewerage allocation permit beyond a one-year period for which the permit is granted.
[Amended 9-21-2016 by Ord. No. 23-2016]
C.
Properties undergoing redevelopment shall receive a credit for existing
EDUs, provided that the annual sewer user fees remain current. Failure
to pay the sewer user fees shall be a discontinuance of sewer service.
[Added 9-21-2016 by Ord.
No. 23-2016]
Where the Borough has jurisdiction and has provided
for the installation of a sanitary sewer collection and transmission
system through any public or private street, roadway, highway or easement
(public sewer system), all owners of any developed real property,
including, but not limited to, residential, commercial or otherwise,
lying on or adjacent to said public or private street, roadway, highway
or easement where said main and/or lateral exists, shall, after receiving
notice from the Borough as provided for in this chapter, disconnect
from and cease utilization of any existing on-site individual sewage
disposal system. The owner shall cause any on-site sewage collection
and transmission facilities to be connected to the above-referenced
public sewer system. The disconnection of the property from the on-site
sewage disposal system shall be done in a manner that is in compliance
with the ordinances, rules and regulations of Borough Health and Construction
Code Departments, as well as any and all other federal, state, country
or local laws and regulations which may be applicable.
A.
Whenever a sewer main and/or lateral is installed
in any public or private street, roadway, highway or easement, all
owners of any property, including, but not limited to, residential,
commercial or otherwise, lying on or adjacent to said public or private
street, roadway, highway or easement shall connect to the sewer main
and/or lateral within 90 days after service of notice of availability
of sewer service provided by the Borough, in writing, which shall
be served upon the owner of the property personally or by leaving
it at his usual place of abode with a member of his family above the
age of 18 years or by mailing such notice by first class mail to the
owner’s last known post office address as shown on the tax records
of the Borough.
[Amended 9-21-2005 by Ord. No. 32-2005]
B.
Should the owner of any property fail or neglect to connect to the public sewer system pursuant to Subsection A above, the owner of the property shall be subject to the penalties provided for in this chapter unless the property owner receives an extension of time to connect to the municipal sewer system from the Borough.
[Amended 5-19-2004 by Ord. No. 18-2004; 9-21-2005 by Ord. No. 32-2005]
C.
The disconnection of an existing individual on-site
sewage disposal system shall be done in the following manner and prior
to final approval of the connection of the property to the public
sewer system:
(1)
All septic tanks and seepage pits shall have the contents
removed or properly disposed of in a manner approved the Borough Health
and Construction Code Departments.
(2)
The Borough Health and Construction Code Departments,
upon notification by the property owner, will provide for an official
inspection of the abandonment and filling of the septic tanks and
seepage pits.
(3)
All septic tanks and seepage pits shall be closed
and abandoned in accordance with all applicable rules, regulations
and codes in effect in the Borough.
(4)
After the official inspection of the pumping and cleaning
of the septic system, the filling and the compacting shall commence
until all voids have been completely filled and a soil density equal
to or greater than that of the surrounding soil has been achieved.
(5)
Any property owner abandoning an individual septic
system may apply to the Borough to utilize said system, or any component
thereof, for an alternate drainage use. The property owner shall provide
such information as the Borough shall require in order to determine
whether or not to allow the proposed alternate use. No proposed alternate
use shall be allowed unless approved by the Construction Official
and Health Officer of the Borough, or their designees.
[Amended 12-20-2006 by Ord. No. 42-2006]
D.
The provisions of this chapter shall be enforceable
by the Borough through its respective designee(s), which shall include,
but not be limited to, the Health Officer and the Supervisor of Water
and Sewer.
A.
The diameter of the building sewer and building sewer
lateral shall not be less than three inches. The slope of such pipes
shall not be less than 1/4 inch per foot. Where necessary, in
the opinion of the Plumbing Inspector, if the above sizes and slope
are not adequate, he shall have the right to require a larger diameter
pipe or an increased slope that is adequate.
B.
Whenever possible, the building sewer shall be brought
to the building at an elevation not exceeding that of the existing
building drain. If the building sewer is brought to the existing building
at a lower elevation than the existing building drain, suitable fittings
and cleanouts shall be installed, subject to inspection and approval
of the Plumbing Inspector. No building sewer shall be laid parallel
and within three feet of any bearing wall which might thereby be weakened.
The depth shall be sufficient to afford protection from frost but
in no event less than 24 inches deep. The building sewer shall be
laid at uniform grade and in straight alignment insofar as possible.
Changes in direction shall be made only with properly curved pipe
and fittings and shall be subject to the approval of the Plumbing
Inspector. Cleanouts shall be installed at all changes of directions,
or within 40 feet of any change of direction and every 75 feet of
straight run.
C.
In all buildings in which any building drain is too
low to permit gravity flow to the public sewer, sanitary sewage carried
by such drain shall be lifted by approved artificial means and discharged
to the building sewer.
E.
Grease, oil and sand interceptors shall be provided
as follows:
(1)
Grease, oil and sand interceptors shall be provided
whenever required by the Plumbing Code.
(2)
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Borough, they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts or
any sand or other harmful ingredients, except that such interceptors
shall not be required for private living quarters or dwelling units.
All interceptors shall be of a type and capacity approved by the Borough
and shall be located as to be readily and easily accessible for cleaning
and inspection.
(3)
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 shall be gastight
and watertight.
F.
Where installed, all grease, oil and sand interceptors
shall be maintained by the owner, at his expense, in continuously
efficient operation at all times.
G.
All building drains outside of the building being
connected to the municipal sewer system shall be installed and tested
pursuant to the Plumbing Code. Before any portion of the building
drain outside of the house is connected to the building sewer, the
owner shall prove to the satisfaction of the Borough that the building
drain is clean and conforms in every respect to the requirements of
this chapter. Before any portion of the building sewer is connected
to the building sewer lateral, the Plumbing Inspector shall be satisfied
that the building sewer is in good order and conforms in the requirements
for construction thereof.
H.
Where there is no existing building sewer or building
sewer lateral available that connects to a public sewer, the property
owner shall, prior to the issuance of a certificate of occupancy,
apply to the Borough for a building sewer permit for the installation
of a building sewer lateral and/or building sewer for connection to
the public sewer.
I.
Maintenance of the public sewer and the building sewer
lateral from the public sewer line to the cleanout shall be performed
by the Borough.
J.
The building sewer laterals may not be installed or
the public street disturbed therefor by any person or concern who
is not a responsible contractor. Such contractor shall provide the
Borough with satisfactory evidence of his capacity to perform the
work.
K.
The connection of the building sewer lateral in to
the public sewer shall be made at the Y-branch, if such branch is
available at suitable location. If no Y-branch is available, the owner
shall install a saddle on the sewer main, of such type as approved
by the Borough.
L.
Each sewer pipe shall be laid so as to have a continuous
bearing on the bedding material, true to line and grade and in such
manner as to form a close concentric joint with the adjoining pipe
and to prevent sudden offsets of the flow line. As the work progresses,
the interior of the pipe shall be cleared of all dirt and superfluous
materials of every description. A suitable swab or drag shall be kept
in the pipe and pulled forward past each joint immediately after the
joining has been completed. Trenches shall be kept free from water,
and pipe shall not be laid when the condition of the trench or the
weather is unsuitable for such work. At times when work is not in
progress, open ends of pipe and fittings shall be securely and satisfactorily
closed so that no trench water, earth or other substance will enter
the pipe or fittings.
M.
Excavations for building sewers and building sewer
laterals.
(1)
Excavation for building sewers and building sewer
laterals shall follow lines parallel to and equidistant from the location
of the pipe centerline. Trenches shall be excavated to the depths
and widths required to accommodate the construction of the sewers.
Excavation shall not be carried below the approved grade. Any excavation
made below grade for any reason shall be backfilled with the granular
material specified hereinafter. Excavation in trenches in rock shall
extend to a depth of six inches below the outside bottom of the pipe
barrel and brought to required elevation with granular bedding material.
(2)
Excavation and trenches in earth shall extend a depth
of four inches below the outside bottom of the pipe barrel and shall
be brought to required elevation with granular bedding material. Where
unsatisfactory foundation material is found in earth trenches, such
material shall be removed to the extent directed by the Plumbing Subcode
Official.
(3)
In backfilling trenches, loose fine earth, free from
clods, stones larger than two inches in greatest dimension and debris,
shall be used to a depth of two feet over the top of the pipe. Pursuant
to the Plumbing Code,[2] the backfill material shall be carefully tamped under
the pipe haunches, on the side and above the pipe in layers not more
than six inches deep before compaction. The remainder of the trench
shall contain not more than 20% stone by volume, and no one stone
shall be more than six inches in its greatest dimension. This material
shall be thoroughly tamped in layers not to exceed 10 inches in thickness
after compaction. Backfilling and compaction up to two feet over the
pipe shall be done by hand. Puddling of trench backfill will not be
permitted. Compaction of each layer of backfill shall be to a density
at least equal to that of the surrounding earth and to a degree which
will prevent settlement of restored or proposed future pavement. The
surface shall be mounded over and left in a uniform and neat condition
satisfactory to the Borough.
(4)
Excavated materials shall be piled in compact heaps,
so placed as to cause the least possible inconvenience to the public.
Extreme care shall be taken to prevent any dirt, stones or other undesirable
material from entering the public sewer system through the building
sewer during these operations.
N.
Safety precautions.
(1)
Blasting operations for excavation will be subject
to the approval of the Borough and shall conform to the requirements
of all laws, ordinances and regulations having jurisdiction over such
work.
(2)
Trenches shall be protected by such sheeting, shoring,
bracing and the like as may be required to perform the excavations
for safety, including the protection of persons, structures, utilities,
etc., and to conform to existing laws.
(3)
All excavations for building sewer laterals shall
be adequately guarded with barricades and lights so as to protect
the public from hazard. Sidewalks and other public property disturbed
in the course of installing building sewers shall be backfilled within
48 hours from the beginning of excavation.
O.
Prior to backfilling any trenches or covering any
new sewer pipe, the applicant for the building sewer permit shall
notify the Borough when the building sewer is ready for inspection
and connection to the building sewer lateral. The connection to the
public sewer shall be made under the supervision of the Borough representative.
Q.
No person shall discharge or cause to be discharged
any waters or wastes through any building sewer during construction
of the building sewer without written approval of the Borough.
R.
Prior to final approval and acceptance of the building
sewer, a plan showing the location, depths, elevations or other information
as required by the Borough shall be furnished and placed on file at
the Sewer Department's office by the applicant.
S.
No person shall discharge or cause to be discharged
any waters or wastes through any building sewer prior to final approval
and acceptance by the Borough without written approval of the Borough.
T.
Restoration of pavements. All sidewalk and roadway
pavements and curbs directly or indirectly affected, disturbed or
damaged in connection with the construction of building sewers shall
be restored in accordance with Borough standards to a condition at
least equal to that which existed prior to the start of the installation
work. Pavements and curbs so restored shall be of the same type as
that existing and shall match and line up with existing adjacent construction
to the satisfaction of the Supervisor of Water and Sewer, Borough
Engineer or their representatives.
[Added 12-20-2006 by Ord. No. 41-2006; 9-21-2016 by Ord. No. 23-2016]
A.
Except as specified below, the Borough of Hopatcong shall own and
maintain any grinder pump installed by it which is utilized to connect
any property in the Borough to a low head pressure sewer line. Maintenance
shall not include the cost of electricity to operate said grinder
pump, which shall be the responsibility of the property owner.
B.
In the event of any malfunction of the grinder pump, the property
owner shall promptly notify the Borough thereof so that the Borough
may repair the grinder pump. If the Borough's inspection of the grinder
pump should reveal that the malfunction of the grinder pump was caused
by any misuse of the grinder pump by the property owner, or the discharge
of any prohibited waste, the Borough shall repair or replace the grinder
pump, and after which, ownership and future maintenance of the grinder
pump shall immediately be the responsibility of the property owner.
C.
Any property granted permission to connect to the municipal sewer system pursuant to § 186-25 hereof requiring a household sewage grinder pump shall comply with the following:
(1)
Full maintenance and ownership of a new sewage grinder pump shall
immediately be the responsibility of the property owner.
(2)
The owner of the property to be connected to the municipal sewer
system shall be required to purchase the grinder pump and necessary
appurtenances for the connection of the property to the municipal
sewer system.
(3)
The property owner shall be solely responsible for obtaining all
necessary permits to connect said property to the municipal sewer
system.
(4)
Grinder pump installation, inspection and payment.
(a)
The owner of the property being connected to the municipal sewer
system shall be solely responsible for all costs and expenses for
the installation and testing of said household sewage grinder pump
and the restoration of the property.
(b)
The grinder pump shall be installed in accordance with standard
specifications prepared by the Borough Engineer.
(c)
The Borough Engineer or his designee shall inspect and approve
the installation of said household sewage grinder pump in accordance
with the Borough's standard specification.
(d)
The property owner shall pay an escrow to the Borough of $1,500
to pay for the Borough's expenses in reviewing and approving the plans
and construction. In the event that the escrow is depleted and the
balance is not paid within 30 days of billing by the Borough, the
escrow balance shall be added to the next sewer installment bill and
shall be billed to the property owner as part of the sewer bill.
D.
Transfer of property ownership shall immediately transfer all future
maintenance and ownership of grinder pump(s) to the new property owner.
E.
The Borough will be responsible to maintain existing grinder pumps
up to the service life of the initial pumps installed prior to June
30, 2019. Upon failure of a grinder pump after June 30, 2019, the
Borough will replace the failed pump, at which time the ownership
and future maintenance of the grinder pump will be the responsibility
of the property owner. The Borough extends no warranty on the pump
extended to the property owner. The Borough will continue to own and
maintain the sewer distribution systems within existing easements.
It shall be unlawful to make any connection
to the municipal sewer without first obtaining appropriate permits
from the Borough, as provided in the Uniform Construction Code Act,
the governing provisions of the New Jersey Administrative Code (NJAC)
from the closure and abandonment of individual subsurface sewage (septic)
systems and in accordance with this chapter.
No person, partnership, corporation or other
entity shall make or attempt to make any connection between the municipal
sewer and any property without complying with the following:
A.
Provide the Clerk of the Borough or anyone else designated
by the Borough Council with proof of public liability insurance for
personal injuries and property damage arising out of the work authorized
by permits in amounts not less than $100,000 for property damage arising
out of one accident and $300,000 for personal injuries to all persons
arising out of any one accident. Proof of such liability insurance
shall be made by posting a certificate of an insurance company duly
authorized to do business in the State of News Jersey, evidencing
such coverage for a period of not less than six months from the date
the application for a permit is filed and not less than six months
from the time such person has commenced any work in order to make
a house connection.
B.
Post a fifteen-thousand-dollar surety bond plus a
one-thousand-dollar cash bond with the Borough Clerk, Treasurer or
any person designated by the Borough Council.
C.
Repairs and restoration; time limits on bonds.
(1)
Such bonds shall be posted in order to insure that
any damage to public property within the Borough arising out of the
work performed by anyone making connections shall be repaired and
restored within a reasonable time from the date of such damage and
not later than a time limit determined to be reasonable by the Plumbing
Subcode Official of the Borough or such other official or consultant
thereto designated by the Borough Council, by resolution. The surety
bond and cash bond shall be released three months after the work performed
to make the connection is completed and is approved by the Borough
Plumbing Inspector, provided that all restoration and repair of any
damage to public property is completed in the opinion of the Plumbing
Inspector of the Borough or such other official or consultant thereto
designated by the Borough Council.
(2)
If all restoration work with respect to all damage
to public property is not completed within a reasonable time as determined
above, the Borough Council may, by resolution, authorize the use of
the cash deposit to restore the damage or proceed against the surety
bond to use the proceeds thereof to restore the damage, or both, as
the Borough Council shall determine in its discretion and judgment.
Any person, partnership, corporation or other entity engaged in the business of making connections to the municipal sewer in the Borough shall be required to post only one fifteen-thousand-dollar surety bond and one one-thousand-dollar cash bond, regardless of the number of connections to be made by said entity. However, notwithstanding § 186-16C above, the surety bond and the cash bond shall remain on deposit with the Borough for so long as the entity engaged in the business of making connection to the municipal sewer system continues to make said connections. In the event that a portion or all of the surety bond or any cash bond is used in the manner described above, no additional permits shall be issued to such entity until both bonds are fully replenished.
No permit or permits shall be issued for connections
or any peripheral work to the municipal sewer where the entity applying
for such permit shall fail to post the required bonds, except where
the resident owner of a single-family dwelling obtains all permits,
does all the work and assumes all responsibility for the scheduling
of the necessary inspections personally. Said resident owner shall
not be required to post the surety bond of $15,000 but shall post
the one-thousand-dollar cash bond.
Any entity engaged in making connections pursuant
to any permit issued by the Borough shall stop work under any permit
issued in the event that their certificate of insurance expires. No
work shall again be commenced by said entity under any such permit
until their insurance required under this chapter is renewed for a
period prior to the time any connection made by such entity is approved
by the Plumbing Inspector of the Borough.
The municipal sewer system shall primarily be
for the use of properties developed with a residential or nonresidential
structure as of June 30, 2003. First priority to connect to the municipal
sewer system shall be for the aforesaid developed properties. The
Borough may allow for the connection of properties vacant as of June
30, 2003, as they are developed subsequent to June 30, 2003, if sufficient
sewage treatment capacity exists or is reasonably anticipated to exist
after the connection of existing develop properties. The determination
of excess sewage capacity in the municipal sewer system shall be determined
by the Borough Engineer utilizing actual sewage flow records and sound
engineering criteria and principles. In addition to any sewer connection
charge then in effect under the provisions of this chapter, the property
owner shall also pay for all costs of connecting the property to the
municipal sewer system, including all costs of installing any sewer
lateral to provide sewer service to the property. The Borough shall
be guided in determining which undeveloped properties shall be allowed
to connect to the municipal sewer system by the following criteria
in the order listed:
A.
The amount of sewage allocation available from the
MSA.
B.
The presence and extent of any public health hazard.
C.
The current and future usage of existing public properties
within the Borough's sewer service area.
D.
The current and future usage of existing and proposed
housing units comprising a part of the Borough's COAH housing obligation
within the Borough's sewer service area.
E.
The Borough's need for an easement from the property
owner for any sewer main or sewer system appurtenance.
F.
The current and future usage of existing nonresidential
properties within the Borough's sewer service area.
G.
The current and future usage of existing residential
properties within the Borough's sewer service area.
H.
The amount of sewage gallonage requested as a percentage
of the total unused allocation of the Borough of Hopatcong.
I.
The reasonableness of the total gallonage requested
by the property owner.
J.
The proposed use of the unimproved properties.
K.
The Borough's Master Plan for the sewer service area.
L.
Availability of alternate sewage disposal methods
and the estimated cost thereof to the property owner.
M.
The nature and type of effluent to be generated by
the property owner.
N.
Any other matter that may affect the general health
and welfare of the residents of the Borough of Hopatcong and the overall
reasonable development of the vacant or unused lands of the Borough
of Hopatcong.
No sewer connection permit shall be issued to
an owner of an unimproved property unless a sewer allocation permit
has first been issued by the Borough.
An owner of an unimproved property may apply
for a sewer allocation permit on forms prescribed by the Borough as
follows:
A.
The name and address of the applicant.
B.
The address of the property and the tax lot and block
designation.
C.
The dimensions and total area of the property.
D.
For single-family residential dwellings to be constructed,
the total square foot area of the dwelling and the number of bedrooms.
E.
For multifamily residential dwellings to be constructed,
a preliminary sketch plan showing the number of units and the number
of proposed bedrooms in the units to be constructed.
F.
For all nonresidential uses, a preliminary site plan
shall be submitted with the application showing the total square footage
of the proposed building and the proposed use of the building.
G.
For all properties other than single-family residential
dwellings, a certification by the property owner's engineer as to
the number of gallons per day of sewage that will be generated by
the property expressed in EDU's and the method of calculation and
schedules used in computing said amount shall be submitted as part
of the application.
H.
The number of EDU's required by any property shall be calculated in accordance with § 186-2 hereof.
I.
Any other information deemed necessary by the Borough
or its designated agent.
Each property owner filing for a sewer allocation
permit shall pay the following permits fees.
For all properties requiring eight or more EDU's,
the applicant shall also submit an escrow fee of $500 per project
with the application to offset the Borough's costs in evaluating and
processing the application. In the event that the entire escrow is
not utilized by the Borough in processing the application, any unused
escrow shall be returned to the applicant within 90 days of the processing
of the application. In the event that additional funds are necessary
to complete the review of the application, the applicant will be required
to replenish the escrow account in an amount sufficient to cover said
costs.
Upon the receipt of said application and required fee, the Borough Engineer shall review said application and determine whether or not there is sufficient gallonage available to authorize a sewer allocation permit to the property owner. In the event that the application is approved, a sewer allocation permit will be issued by the Borough for the number of EDU's, or part thereof, set forth in the application in accordance with § 186-12 hereof. The Borough shall issue written notice to the property owner of the approval of the sewer allocation permit. In the event that the application is denied, written notice thereof shall be provided to the property owner by the Borough.
In the event of a denial of a sewer allocation
permit, the property owner may request a hearing by filing a written
request with the governing body within 10 days of the date of notice
of denial of the application. The governing body shall then hold a
hearing within 45 days from the date of the request. The applicant
shall bear all costs and professional fees incurred relative to the
hearing and, if required, shall post an escrow fee prior to the hearing.
The governing body shall render it decision within 30 days of the
hearing.
Upon approval and prior to the issuance of a
sewer allocation permit, the property owner shall pay to the Borough
a nonrefundable allocation reservation fee of $350 per EDU for any
unimproved property. Fractional portions of EDU's shall be paid proportionately.
No sewer allocation permit shall be issued unless all application
permit fees and escrow fees have been paid in full and all real property
taxes for the property are current. The property owner shall pay the
allocation permit fee within 90 days of notification by the Borough
of the granting of the allocation or the allocation shall lapse.
Approval of a sewer allocation permit shall
not authorize the property owner to connect to the Borough's municipal
sewer system. The property owner must secure a connection permit from
the Borough and pay all applicable fee and charges.
A.
Except as provided in Subsection B below, all sewer allocation permits granted to unimproved properties shall expire one year from the date of issuance by the Borough or one year from the issuance of a notice to the property owner that the sewer line to which the property is to be connected is ready for use, which ever occurs last. The Borough Council may grant extensions of a sewer allocation permit for a period not exceeding one year at a time based upon the original expiration date at the Borough's discretion. As a condition for approval of the extension of a sewer allocation permit, the property owner shall pay the annual user charge for the one-year period based upon the number of EDU's reserved for the property owner in the sewer allocation permit. Except as provided in Subsection C below, the property owner shall receive no credit or other benefit for the payment of the sewer user charge other than the extension of the sewer allocation permit. The property owner shall connect the property to the municipal sewer system prior to the expiration of the sewer allocation permit or any extension thereof. Failure to do so shall result in the expiration of the sewer allocation permit. Upon expiration of a sewer allocation permit, the sewage allocation shall revert to the Borough.
B.
For all unimproved properties for which preliminary subdivision or site plan approval has been granted by the Planning Board and which will consist of multiple subdivided lots or multiple building or building unit connections to be made to the municipal sewer system, the property owner shall have the right to renew its initial sewer allocation permit for two consecutive one-year periods by notifying the Borough, in writing, of its intent to so renew its sewer allocation permit prior to the expiration of the permit and by paying the required fee set forth in Subsection A above for extensions of sewer allocation permits. For all multiple subdivided lots or multiple building or building unit connections to be made to the municipal sewer system, as each lot, building or building unit is connected, the Borough shall deduct from the sewer allocation permit the number of gallons required for each such connection based upon the number of EDU's attributable to each such connection. For all properties comprising a part of the Borough's COAH housing obligation, the property owner shall have the right to review its initial sewer allocation permit for four consecutive one-year periods by notifying the Borough, in writing, of its intent to so renew its sewer allocation permit prior to the expiration of the permit and by paying the required fee set forth in Subsection A above for extensions of sewer allocation permits. For all multiple subdivided lots or multiple building or building unit connections to be made to the municipal sewer system, as each lot, building or build unit is connected, the Borough shall deduct from the sewer allocation permit the number of gallons required for each such connection based upon the number of EDU's attributable to each such connection.
C.
Upon the completion of any property to the municipal
sewer system, the Borough shall credit a portion of the sewer allocation
permit fee against the actual sewer user fee to be billed by the Borough
to the property owner upon connection of the property to the municipal
sewer system. The credit shall be determined by dividing the sewer
allocation permit fee paid on an EDU basis by 12 and crediting to
the property owner said amount multiplied by the number of months
remaining, rounded to the nearest month, on the sewer allocation permit
subsequent to the month in which the building or unit is connected
to the municipal sewer system. For purposes of this section, the word
"connection" shall be defined to mean the date on which the Borough
issues a final approval under the Uniform Construction Code of the
work required to connect the property to the municipal sewer system.
The Borough shall have the right to repurchase
sewage allocation permits from property owners under the following
conditions:
A.
The Borough reserves the right to repurchase any unused
sewer allocation reservation permits in the event there are emergency
requests for sewage by other property owners within the Borough and
insufficient capacity to handle the emergency requests.
B.
The Borough may also elect at its sole option to repurchase
any unused sewage permits. This repurchase shall be accomplished by
giving written notice to the permit holder stating the Borough's intention
to repurchase three months from the date of notice. The permit holder
may request a hearing before the Borough Council in which he may provide
testimony concerning the status of his project and his reasons why
the permit should not be repurchased. The criteria for repurchasing
sewage allocation permits by the Borough shall include the following
(the order below does not constitute a priority for repurchasing):
(1)
Inaction or unnecessary delay by the permit holder
with regard to obtaining the necessary land use and other permits
to proceed with the project.
(2)
The number of applications and amount of gallonage
requests pending.
(3)
Whether the property owner has made all of its payments
for the allocation in a timely manner.
(4)
Whether a project generally benefiting the Borough
requires a sewage allocation.
(5)
Whether the applicant has obtained NJDEP approval
that restricts the Borough's ability to repurchase allocation.
C.
The repurchase of any unused sewer allocation permits
by the Borough shall be at cost and without interest.
[Added 9-21-2016 by Ord.
No. 23-2016[1]]
A.
For purposes of enforcing the provisions of § 186-4 of this chapter, which prohibits certain discharges into a sanitary sewer system through a building sewer, Borough representatives may at reasonable times inspect any building sewer and connections therewith. At a minimum, an inspection shall be made at the transfer of title. In the event that access to any part of a building sewer is refused by the owner or occupant of any buildings, the Borough representative who is refused access shall immediately report the refusal and any reason given therefor to the Borough Council for appropriate action, including compulsory process if necessary.
B.
Whenever a violation of § 186-4 of this chapter is found, the owner of the property shall be notified in writing thereof and shall be ordered to disconnect any improper pipes or other facilities within 30 days after the receipt of such notice.
C.
Should an inspection made subsequent to the expiration of the thirty-day
period indicate noncompliance with the order, a report shall be filed
with the Borough Council, which may institute a proceeding for violation
of this section.
The governing body shall have the authority
to relax or waive in whole, or In part, any provision of this chapter
to address any emergency situation regarding the municipal sewer system
or when the Governing Body deems it to be in the best interest of
the Borough to so relax or waive any such provision of this chapter.
Any person violating any provision of this chapter
shall, upon conviction, be punishable by a fine not exceeding $1,250
or imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof. Each violation
of any of the provisions of this chapter and each day that such offense
shall continue shall be deemed to be separate and distinct offenses.
