Chapter 159 WATER AND SEWER UTILITY Part 1 Water ARTICLE I Water Department § 159-1. Department continued. § 159-2. Supervision, management and control. § 159-3. Offices and employees. § 159-1. Compensation. ARTICLE II General Provisions § 159-5. Definitions § 159-6. Applications for water service. § 159-7. Processing of application. § 159-8. Use of Township water; limited use of wells. § 159-9. Water for building purposes. § 159-10. Right of entry for inspections; interference. § 159-11. Discontinuance of service. § 159-12. Water in air-conditioning systems. § 159-13. Service interruption. ARTICLE III Rates, Charges and Permit Fees § 159-14. Water consumption rates or charges. § 159-15. Service charges. § 159-16. Miscellaneous charges. § 159-17. Payment of bills; payment dates; penalty for late payment; shutoff. § 159-18. Lien for unpaid charges. ARTICLE IV Control of Water System § 159-19. Control by Township. § 159-20. Installations to comply with regulations. § 159-21. Protection of service pipes. § 159-22. Extensions or changes in mains. § 159-23. Specifications for main extensions. § 159-24. Meters required. § 159-25. Meter installations. § 159-26. Care and protection of meters. § 159-27. Ownership and control of meters by Township. § 159-28. Meter tests. ARTICLE V Hydrants and Sprinkler Systems § 159-29. Unauthorized use or obstruction of hydrants prohibited. § 159-30. Attachment of hose to private outlet; water use restricted. § 159-31. Sprinkler system installation. ARTICLE VI Drought and Water Shortages § 159-32. Legislative declaration. § 159-33. Duty to prevent waste of water. § 159-34. Repairs by Township; shutting off water. § 159-35. Curtailment of use of water. § 159-36. Authority to proclaim emergency and prescribe regulations. § 159-37. Effect of proclamation and regulations. § 159-38. Curtailment of use of water by municipal departments. ARTICLE VII through X (Reserved) § 159-39 through 159-50. (Reserved) Part 2 Sewers ARTICLE XI Mann Avenue Service Agreement § 159-51. Agreement authorized. § 159-52. Construction authorized; acquisition of rights-of-way. § 159-53. Maximum cost. § 159-54. House connections required; costs. § 159-55. Sewerage user charges. ARTICLE XII Sewer Service Charges; Connections § 159-56. Service charge established. § 159-57. Quarterly unit charge. § 159-58. Rate schedule. § 159-59. Payment of service charges. § 159-60. Delinquent payment. § 159-61. Collection of service charges by Water Department. § 159-62. Required connections; fee. § 159-63. Definitions. § 159-64. Pipe specifications. § 159-65. Connections by Township; cost. § 159-66. Abandonment of individual septic systems; certification. ARTICLE XIII Sewer Use § 159-67. Declaration of intent; statutory authority. § 159-68. Definitions. § 159-69. Connection required. § 159-70. Application for connection. § 159-71. Payment of prior arrears and charges due required prior to acceptance. § 159-72. Effect of accepted application. § 159-73. Conditions for acceptance of application. § 159-74. Responsibility of customer. § 159-75. Procedure upon change of ownership. § 159-76. Applications from industrial and commercial establishments. § 159-77. Renewal of service. § 159-78. Procedure when connection previously made and service desired. § 159-79. Payment of sewer service charges. § 159-80. Treatment works approval required for certain connections. § 159-81. Copies of approval of site plan required for certain developers. § 159-82. Prohibited discharges. § 159-83. Actions with regard to discharge of certain wastewaters. § 159-84 Pretreatment of wastes. § 159-85. Inspection, testing and reporting of industrial waste. § 159-86. Violations and penalties. § 159-87. Damage to system. § 159-88. Service laterals. § 159-89. Repair of broken pipes. § 159-90. Data to be submitted prior to approval of application involving acceptance of industrial waste. § 159-91. Prohibited connections. § 159-92. Nonacceptable wastes. § 159-93. Grease, oil and sand interceptors and oil reclaimers. § 159-94. Provision of control manhole by industries. Procedure where owner provides separate water supply. § 159-95. Procedure where owner provides separate water supply. § 159-96. Facilities for inspection of industrial waste being discharged; method for computing user charges. § 159-97. Schedule of discharges. § 159-98. Changes in previously approved industrial waste. § 159-99. Failure of industry to conform to regulations. § 159-100. Permit required for connections, alterations or repairs. § 159-101. Prohibited acts; penalties. § 159-102. Permits; fees. § 159-103. License and permit required to perform work on property owner’s connection. - § 159-104. Suspension of permit. § 159-105. Persons permitted to perform work on property owner’s connection. § 159-106. Regulations applicable. § 159-107. Requirements applicable to permittee. § 159-108. Exemptions to required hookup. § 159-109. User charges. § 159-110. Fees and escrow deposits. § 159-111. Liability of Township. § 159-112. Effect of acceptance of wastes exceeding limits. § 159-113. Written consent. § 159-114. Amendments and additional provisions. § 159-115. Construal of references. § 159-116. Connection to sewer system upon availability; abandonment and filling of individual disposal facilities. § 159-117. Pumping of residential septic tanks. § 159-118. Pumping of residential seepage pits. § 159-119. Pumping of nonresidential septic tanks and seepage pits. § 159-120. Effect on other ordinances. § 159-121. Additional rules and regulations. ARTICLE XIV (Reserved) § 159-122 through 159-149. (Reserved) Part 3 Penalty Provisions ARTICLE XV Violations § 159-150. Violations and penalties. [History: Adopted by the Township Committee of tile Township of East Hanover as indicated in part histories. Amendments noted where applicable.] GENERAL REFERENCES Land use and zoning — See Ch. 95. Public swimming pools — Ch. 210. Part 1 Water [Adopted 5-17-1973 as Ch. 21 of the Revised Ordinances] ARTICLE I Water Department § 159-1. Department continued. The Water Department heretofore established and known as the “Township of East Hanover Water Department” is hereby continued. § 159-2. Supervision, management and control. The Water Department shall be under the supervision, management and control of the Township Committee. § 159-3. Officers and employees. The Township Committee of the Township shall have the power and authority to employ such officers and employees as in its opinion shall be required to adequately and effectively operate the Water Department. § 159-4. Compensation. The salaries or other compensation of the officers and employees of the Water Department shall be fixed by the Township Committee and shall be included in the salary Ordinance providing and determining the rate of compensation of officers and employees of the Township.1 1 Editor’s Note: See Ch. 47, Salaries and Compensation. ARTICLE II General Provisions § 159-5. Definitions. As used in this Part 1, the following terms shall have the meanings indicated: MAIN or MAINS — All pipes, other than supply pipes and service pipes, used for conveying water to or distributing water in the Township. METER RATES — Rates or prices to be charged for water, based upon the quantity consumed as measured by an approved water meter. OWNER — Any person, firm, corporation or association owning any property or premises which is or prospectively can be supplied with Township water, or his duly authorized agent. PREMISES — A building used for either business or residential purposes, or both, together with the land appurtenant thereto and such outbuildings as are used exclusively in connection therewith, or any part of a building with the land appurtenant thereto when sold as a separate unit. SERVICE PIPE — A pipe extending from the curbline into privately owned property for supplying water thereto. SUPPLY PIPE. — A pipe connected to the main and extending thence to and including the curb stop and valve at the curbline of the street. . WATER DEPARTMENT — Township of East Hanover Water Department § 159-6. Applications for water service. The owner of any premises, or his authorized agent, desiring to use township water or to make a change in an existing water supply to any premises, shall first make application in writing to the Water Department for such water service, upon forms furnished by the Water Department. Such application shall request permission to connect to the township water system, subject to the provisions of this chapter, and bear the consent and agreement that the applicant shall be bound and governed by all the provisions of this chapter and all rules and regulations hereafter adopted by the township. Any misrepresentation of facts contained in any application shall be deemed a violation of this section. § 159-7. Processing of application. A. Upon receipt of an application for service, the Water Department may make or cause to be made an inspection of the premises. Unless the application is rejected for cause by the Water Department, it will render to the owner of the premises a bill in accordance with the provisions of Article III hereof (§ 159-14 et seq.) and upon payment thereof will issue a permit to connect to the township water system. B. No additional connections or alterations to existing connections shall be made to any premises unless and until charges of every nature due the township from such owner or against such premises are first paid. § 159-8. Use of township water; limited use of wells. A. Every owner of a premises with a frontage on a street in the township shall be required to obtain water for such premises from the township unless special permission is granted by the Township Committee to obtain water from another public water supply. This subsection shall not apply to the owner of premises using wells existing on November 1, 1967, for drinking or sanitary purposes, in lieu of the public water supply system. B. Water from wells constructed after November 1, 1967, in areas of the township where the public water system is available shall be used only for nonpotable purposes, such as for swimming pools, automobile washing and lawn watering, and shall not be used for drinking or sanitary purposes. C. Any owner of premises connected to the township water system shall not be permitted to disconnect from the township water supply in order to use a well. § 159-9. Water for building purposes. A. Written application for a permit to use township water service in the construction or repair of buildings or for other purposes shall be made to the Water Department upon forms furnished by the Water Department, by the owner of such premises or the contractor for the work to be done. The character of the work contemplated and the estimated quantities of the water to be used shall be specified in such application. B. No permit for temporary water service during construction or repairs shall be issued unless the fees prescribed in § 159-15C shall have first been paid. C. The Water Superintendent may, at his option, furnish and install a meter during the construction or repair of buildings upon the payment of the fee therefor as prescribed in § 159.15C and, in addition, require a deposit to ensure the return of the meter in good condition. § 159-10. Right of entry for inspections; interference. Duly authorized agents of the township, upon presentation of credentials provided by the township, shall have access at any reasonable time to any and all premises supplied with township water for the purpose of making any desired inspection thereof, including the examination of the entire water supply and plumbing system upon said premises. Any person who refuses to admit such duly authorized agent for the purpose of such inspection, or hinders or interferes with him in the performance of such inspection, shall be deemed to have violated this section and be subject to the penalty prescribed in § 15938. § 159-11. Discontinuance of service. A. Where it is desired to permanently discontinue the use of township water on any premises, a request to the Water Department is required and must be made by the owner. Upon receipt of said notice, the water shall be turned off at the curb stop, and thereafter charges for water for said premises shall not be made. B. In case of the temporary vacancy by the owner or occupant of any premises, the water will be turned off at the curb stop by the Water Department upon written request therefor stating the period of such discontinuance, and will be turned on again on said last-named date following the payment of the necessary charges. C. Where the premises are left unoccupied or vacant, no rebate will be allowed for water registered by the meter unless the water is turned off at the curb stop as in this section provided. D. The township may, at its discretion, shut off water from the premises of any owner or consumer for violating any of the provisions of this chapter, upon giving such owner or consumer at least seventy-two (72) hours’ notice of such intended action. Such action shall not be deemed to be in lieu of the penalty provisions of § 159-38 hereof. The notice required by this subsection shall be given in person, by telephone or by mailing a copy thereof, postage prepaid, at the post office in the township, to the last known address of the person to be notified as the same appears on the books of the township, and the notice so given shall be conclusively deemed to have been given at the time of such mailing. § 159-12. Water in air-conditioning systems. The use of air-conditioning systems utilizing water without provision for recirculation is prohibited. § 159-13. Service interruption. In the event that it becomes expedient to shut off the water from any section of the township because of accidents or fire or in order to make repairs or extensions or for other necessary purposes, the township will endeavor to give timely notice to those affected thereby and will, so far as practicable, use its best efforts to prevent inconvenience or damage arising from any such cause; but failure to give such notice or to receive the same will not render the township responsible or liable for damages to property or any refund that may result there from or from any other cause. ARTICLE III Rates, Charges and Permit Fees § 159-14. Water consumption rates or charges. A. The rents, rates and charges for water supplied by the township to any premises are hereby fixed in accordance with the schedule set out in Chapter 79, Fees and Licenses; provided, however, that the same may be changed or altered by ordinance. [Amended 8-17-1982 by Ord. No. 24-1982] B. The Township Committee may, at its discretion, enter into a contract with any person to supply water for fire protection, manufacturing and irrigation and other special purposes at rates and upon conditions to be designated by the Township Committee. Thereupon such person shall pay to the township the rate and all other charges stipulated in the contract instead of the usual rates charged in the township; provided, however, that nothing herein con-tamed shall alter or affect the lien imposed under this chapter for unpaid water rents or rates or change the right of the township to collect unpaid water rates or rents in accordance with the statutes made and provided therefor. C. The minimum charges per quarter year for metered water service shall be in accordance with the schedule set out in Chapter 79, Fees and Licenses. [Amended 8-17-1982 by Ord. No. 24-1982] § 159-15. Service charges. A. Fire protection services. [Amended 8-17-1982 by Ord. No. 24-1982] (1) (2) A meter will not be required for those services which are primarily to be utilized for fire protection. However, the customer will be required to provide a meter service for his normal usage of water. The charges for the metered service will be in accordance with the schedule set out in Chapter 79, Fees and Licenses. In those instances where the unmetered portion is to be utilized for sprinkler systems, the charges per quarter year shall be in accordance with the schedule set out in Chapter 79, Fees and Licenses. Where private fire hydrants are installed along the service, the charge for servicing said hydrants per hydrant per quarter shall be as set out in Chapter 79, Fees and Licenses. All private fire protection systems, including hydrants, are to be installed by and at the customer’s expense. All materials and workmanship shall comply with the rules and regulations of the Water Department. The above charges are to cover the availability and use of water for fire-fighting purposes only. B. Temporary water service. Temporary water service will be provided in accordance with the following charges: [Amended 8-17-1982 by Ord. No. 24-1982] (1) The fee for a permit for temporary water service during construction of single-family residential properties, for each unit for each six-month period of construction, shall be as set out in Chapter 79, Fees and Licenses. (2) The fee for temporary water service during construction of all other properties shall be such amount as the Water Department estimates will be the cost of water to be used or consumed, based upon the established rates; provided, however, that in no case shall such charge be less for each six-month period of construction than the amount set out in Chapter 79, Fees and Licenses. C. Water services on existing mains. (1) No connection shall be made to the water system without obtaining a permit from the Water Department. The application for said permit shall be accompanied by the application fee in accordance with the schedule set out in Chapter 79, Fees and Licenses. The application fee for services up to and including two (2) inches shall cover the inspection of the work by the Water Department and the furnishing of a meter to the customer. The application fee for services utilizing meters larger than two (2) inches shall cover the inspection only. [Amended 8-17-82 by Ord. No. 24-1982] (2) The applicant shall furnish all the labor and material necessary to install the water service connecting to the existing main and shall obtain all road opening permits, municipal, county or state, as may be required, and shall post such bonds as may be required by governmental agencies having jurisdiction thereof. The service line and the meter and all other appurtenances shall be installed in accordance with the provisions of this chapter and the rules and regulations of the Water Department, as approved by the- Township Committee, in effect at the time application therefor is made. A twenty-four-hour written notice to the Water Department shall be required for installation of the D. Water services on new mains. Prior to the installation of any new main, all property owners fronting on the proposed main will be notified in writing. Those property owners desiring water service will be afforded the opportunity to make application to the Water Department for such service. Those applicants who request a three-fourths-inch service to be installed during the construction will pay an application fee as set out in Chapter 79, Fees and Licenses, and will be provided with a three-fourths-inch service to a point behind the curb and a three-fourths-inch meter for installation within the home. All other work will be done at the applicant’s expense. Those property owners who desire a service larger than three-fourths (3/4) inch shall pay the actual cost of installing the service from the main to a point behind the curb and the actual cost of the meter. All other work shall be performed by and at the cost of the applicant. [Amended 8-16-73 by Ord. No. 10-1973; 8-17-82 by Ord. No. 24-1982] E. Major subdivisions. [Amended 8-16-73 by Ord. No. 10-1973] (1) The owner of every major subdivision shall make application to the Water Department for each water service to be installed in said subdivision. A service fee for each meter installation shall be paid to the Water Department in accordance with the schedule set out in Chapter 79, Fees and Licenses. [Amended 8-17-82 by Ord. No. 24-1982] (2) All service connections must be approved by the Water Department. No service, other than as provided for with a temporary permit, shall be permitted to be turned on prior to the issuance of a certificate of occupancy by the Construction Official of the township. § 159-16. Miscellaneous charges. [Amended 8-17-82 by Ord. No. 24-1982] The fees for meter tests made at the request of the owner of premises, for inspection of connection for sprinkler system, for inspection of repairs to service pipes and for turning on water shall be as set out in Chapter 79, Fees and Licenses. § 159-17. Payment of bills; payment dates; penalty for late payment; shutoff. [Amended 12-17-1981 by Ord. No. 31-1981; 3-17-1983 by Ord. No. 6-1983; 5-19-1983 by Ord. No. 13-1983; 3-211985 by Ord. No. 5-1985; 11-3-1988 by Ord. No. 37-1988; 9-17-1992 by Ord. No. 18-1992] A. Commencing with 1993, the billing period and payment dates shall be as follows: Billing Period 1 2 3 4 Start 10/1 1/1 4/1 7/1 End 12/31 3/30 6/30 9/30 Payment Date 3/1 6/1 9/1 12/1 (1) Water bills will be mailed directly to the property owner on record with the Township Tax Assessor. (2) Said property owner will be responsible for the payment of the quarterly water bills as well as any delinquent or unpaid balances. (3) The nonreceipt of a bill will not constitute an excuse for failure to pay. B. The property owner shall have a thirty-calendar-day grace period from the date the same became payable in which to remit full payment for the same. In the event that full payment is not made by the 30th calendar day the same became payable, the property owner shall be charged interest which shall accrue retroactively to the date the same became payable. The rate of interest on delinquent bills shall be the same as that for unpaid taxes upon real estate. C. If a bill remains unpaid after the 30th calendar day following the date upon which the same became payable, it shall be classified as delinquent, and upon five (5) days’ notice to the property owner, service may be discontinued. If service is discontinued, it shall not be restored until all arrears with interest, costs and penalties are fully paid. The township shall have the same remedies for the collection of arrears with interest, costs and penalties as it has by law for the collection of taxes upon real estate. § 159-18. Lien for unpaid charges. Pursuant to the laws of the State of New Jersey, all charges for water, including penalties, are liens upon the premises or property on account of which such charge is incurred until paid and satisfied. ARTICLE IV Control of Water System § 159-19. Control by township. A. The water mains, supply pipes, curb stops, service pipes and meters shall be under the exclusive control of the township. B. All persons, other than a duly authorized agent of the township, are forbidden to disturb, tamper with, injure, tap, change, obstruct access to or interfere with any water main, supply pipe, service pipe, curb stop or meter. C. Under no circumstances shall curb stops be opened or closed by any person not an authorized employee of the township. § 159-20. Installations to comply with regulations. A. Service pipes, supply pipes, curb stops, meters and all necessary plumbing parts used in the installation and maintenance of water supply systems shall be in accordance with the rules and regulations of the Water Department. B. Supply pipes shall be under the control of the Water Department. C. Service pipes shall be installed at the expense of the owner by a plumber licensed to do plumbing work within the township and shall be installed in accordance with drawings and the materials specified thereon on file in the office of the Water Department. Repairs may be made by duly licensed plumbers on special written permission from the Water Department, and in such case a fee for the inspection of the work by the Water Department, as prescribed in § 159-16 hereof, shall be collected from the said plumber previous to such inspection. D. When new service pipes are installed in any premises, the curb stop shall be left closed and thereafter will be opened only by the Water Department upon request of the owner of such premises. A fee, as prescribed in § 159-16 hereof, shall be collected from the licensed plumber installing the service pipes to cover inspection by the Water Department and shall be paid prior to such inspection. The service pipe trench shall not be backfilled until such inspection has been made. § 159-21. Protection of service pipes. Service pipes between the cellar wall and meter likely to be exposed to freezing temperatures must be effectively protected from freezing by the property owner. § 159-22. Extensions or changes in mains. Extensions to or changes in existing mains or the construction of new mains within the township may be initiated by the Township Committee or upon petition from property owners or citizens upon forms provided by the township. The Township Committee shall prescribe the terms and conditions upon which such petition will be granted and shall require the written acceptance and guaranty thereof by the petitioner. After such petition shall be granted by the Township Committee, the township will direct the Water Department to proceed as promptly as practicable with the work. § 159-23. Specifications for main extensions. The minimum size of water pipe extensions shall be not less than eight (8) inches. No dead-end water line shall be permitted without written consent of the Water Department. § 159-24. Meters required. A. All municipal water used on any premises must pass through a meter furnished by the Water Department, except for fire sprinkler connections and temporary water services for construction purposes. B. All persons using water supplied by the Water Department shall have the duty of determining that such water is being supplied through a meter furnished by the Water Department except as otherwise provided in § 159-9 hereof. Any failure so to do shall not relieve such persons from any liability therefor and the Water Department shall determine the amounts of water so used and the rates therefor. § 159-25. Meter installations. In all cases where meters are to be installed, the Water Department shall determine the size, proper location and the manner in which such meter shall be installed and protected. § 159-26. Care and protection of meters. A. The owner or occupant of the premises where the meter is installed shall be held responsible for its care and protection from freezing or hot water or from other injury thereto or interference by any person or persons. In case of any injury to the meter or in case of its stoppage or imperfect working, he shall give immediate notice to the Water Department. B. Where replacements, repairs or adjustment of any meter, whether owned by the township or not, become necessary due to the act, neglect or carelessness of the owner or occupant of any premises, any expense to the Water Department caused thereby shall be charged to and collected from the owner of such premises. § 159-27. Ownership and control of meters by township. A. Meters controlling the services shall be under the control of the Water Department. B. Meters shall be sealed by the Water Department, and no person, except an agent of the Water Department, shall disconnect, remove, break, injure or in any way tamper with such seals. § 159-28. Meter tests. The Water Department shall test the accuracy and condition of any meter upon the written request of the owner or occupant and upon the payment in advance of the fee prescribed in § 159-16. If the meter is found to register over three percent (3%) fast, another meter will be substituted therefor and the test fee refunded; and the Water Department may adjust the last water bill upon such basis as it may deem just and reasonable. ARTICLE V Hydrants and Sprinkler Systems § 159-29. Unauthorized use or obstruction of hydrants prohibited. A. It shall be unlawful for any person other than a duly authorized agent or employee of the Water Department or a member of the Fire Department while engaged in the performance of his regular duties, and for uses and purposes of such Department, to open or attempt to open any of the fire hydrants or valves connected with any such waterworks system of the township without such person first obtaining written permission from the proper officers of the Water Department. B. No person shall in any manner obstruct or prevent free access to, or tamper with or injure, or damage by causing or permitting a vehicle to come in contact with, any fire hydrant, or place or store temporarily or otherwise any object, material, snow, debris or structure of any kind within a distance of 10 feet of any fire hydrant. Any such obstruction, when discovered, may be removed at once by the Township at the expense of the person responsible for the obstruction, and such removal shall not be deemed to be in lieu of the penalty provided in § 159-38. § 159-30. Attachment of hose to private outlet; water use restricted. A. Where pipes are provided for fire protection on any premises or where hose connections for fire apparatus are provided on any pipe, each connection or opening on said pipes, except sprinkler heads, shall have not less than 50 feet of fire hose, with standard thread as specified and approved by the Water Department, constantly attached thereto. B. No water shall be taken or used through such pipes, openings or hose for any purpose other than for fighting or extinguishing fires or for testing such fire apparatus after obtaining a special permit from the Water Department to make such a test. Each such test must be conducted under the supervision of Water Department personnel. § 159-31. Sprinkler system installation. Application for a connection to the water main for the purpose of installing a sprinkler system shall be made to the Water Department. The fee for the installation of the connection running to the curbline shall be charged as prescribed in § 159-15 hereof. The installation shall be performed in accordance with all Township water regulations and ordinances. ARTICLE VI Drought and Water Shortages [Amended 6-15-1989 by Ord. No. 29-1989; 8-21-1997 by Ord. No. 30-1997; 4-14-2003 by Ord. No. 6-2003] § 159-32. Legislative declaration. The Township Council finds that the adoption of this article is necessary for the public, health, safety and welfare and is in the public interest because: A. The long-continued droughts occurring from time to time in this area of the state result in a dangerous lowering of the Township’s potable water reserves and threaten the preservation of the public health, safety and welfare. B. Past experience has demonstrated that appeals for voluntary aid for water conservation are not and have not been as effective as necessary. § 159-33. Duty to prevent waste of water. A. Every owner of buildings and premises connected with the municipal water supply shall: (1) Maintain or cause to be maintained the water service pipes, fixtures and connections in good order and repair in order to ensure that there shall be no waste of water. (2) Forthwith make or cause to be made necessary repairs to prevent the waste of water. B. Every lessee, tenant and occupant of any building or premises connected with the municipal water supply shall: (1) Immediately notify the owner or his agent of any defective water service pipes, fixtures or connections whereby water is being wasted. (2) Immediately notify the Township Water Department or Police Department of any waste occurring by reason of defective water service pipes, fixtures or connections. C. Every owner and user of water shall, during the period of a water emergency, be chargeable with notice of any waste of water due to defective water service pipes, fixtures or connections and of the regulations promulgated under the proclamation. It shall be the duty of the owner to forthwith make or cause to be made repairs necessary to prevent such waste. § 159-34. Repairs by Township; shutting off water. Whenever an owner shall fail or refuse to make repairs so as to prevent the waste of water, then the Township shall have the power to make such repairs and to charge the cost thereof to the owner in the same manner as other water charges are made, as by the statutes and ordinances provided, or to shut off the water from such premises until such repairs are made by the owner. § 159-35. Curtailment of use of water. A. Lawn watering. (1) The watering of lawns and gardens at any premises in the Township of East Hanover shall be permitted only upon an odd-even basis. That is, properties with an odd-numbered street address may water on Mondays, Wednesdays and Fridays; properties with even-numbered street addresses may water on Tuesdays, Thursdays and Saturdays. Watering is not permitted on Sundays, except as set forth in Subsection A(2) hereof. (2) Watering on Sunday. (a) Watering on Sunday may be permitted during a forty-five-day period from the date of the laying of new sod or the beginning of a new lawn, provided that the beginning and ending dates for such period were approved by the Division of Public Utilities in the Department of Public Services. (b) Watering on Sunday may also be permitted if it is the day upon which or the day following the day upon which vegetation has been treated with fertilizer, pesticide or herbicide, and the burden shall be upon the property owner to prove that such treatments were made. (3) When watering lawns or gardens, the amount of water used shall be the minimum necessary to carry out the activity, and evidence of puddling or runoff shall be indicative of the use of more than the said minimum and shall constitute a violation of this section. (4) All watering authorized herein shall be performed in such a way that no impervious surfaces are included in the area watered and the inclusion of such surfaces shall constitute a violation of this section. B. The serving of water in restaurants, clubs or eating places is prohibited unless specifically requested by the patron places is prohibited unless specifically requested by the patron. C. Public showers and commercial establishments with showers must install low-flow showerheads or flow restrictors. § 159-36. Authority to proclaim emergency and prescribe regulations. A. In case of an emergency when, by reason of drought or otherwise, the available supply of water becomes dangerously low or the demand exceeds the ability of the water utility to supply the same, the Mayor may, for the protection of the health, safety and general welfare of all citizens and residents of the Township, proclaim the existence of a water emergency and promulgate regulations to: (1) Regulate or prohibit the use of water from the municipal supply for any purpose not necessary to the health, safety and welfare of the public. (2) Allocate and prorate available water supplies. (3) Reduce consumption by users. (4) Prevent waste. B. The Mayor shall have the power pursuant to Subsection A above to implement any or all of the following mandatory water restrictions: (1) Alternate day lawn- and garden-watering may be limited to specific hours on the designated days and the number of days may be further reduced. (2) Automobiles and other motor vehicles may be washed with pail only; hoses may not be used in washing vehicles. (3) Garden watering may be by pail only; no hoses or sprinklers may be used. (4) Swimming pools or decorative pools shall not be filled or refilled during the pendency of water restrictions. (5) Washing of driveways, sidewalks or any paved areas is prohibited. (6) Restaurants shall serve water to customers only upon request of the customer. (7) Such restrictions upon commercial and industrial users as the Mayor shall deem appropriate to reduce water consumption without unduly impinging upon the operation of the business or industry. (8) A complete prohibition on the noncommercial and nonindustrial use of water for any purpose other than drinking, cooking, bathing and sanitation. § 159-37. Effect of proclamation and regulations. The proclamation of the emergency shall be conclusive of the fact of the existence of such emergency and shall be binding upon all persons and users upon the filing of the same in the office of the Township Clerk and the publication thereof at least once in the official newspaper or newspapers circulating in the Township. The regulations set forth in the proclamation and any subsequent regulations made and published as aforesaid, upon filing thereof in the office of the Township Clerk, shall be deemed to have the force and effect of regulations adopted under the authority of this article the same as if specifically incorporated and set forth herein. Every owner, lessee, tenant and occupant of any building or premises connected with the municipal water supply, and every user thereof, under any contract, ordinance or statute, shall, upon the proclamation and promulgation of the regulations as aforesaid, become bound thereby and by the provisions of this article, and shall conform thereto and comply therewith in the use of water and the maintenance of the water service connections and equipment for the purposes thereof. § 159-38. Curtailment of use of water by municipal departments. Upon the making of said proclamation of emergency, the Township Clerk shall forthwith give written notice to the appropriate departments of the Township to refrain from all street and gutter flushing, hydrant flushing, fire hose testing and other similar practices, except as said practices are deemed necessary in the interest of public health or safety and until said emergency is declared no longer to exist. 1 Editor’s Note: Former § 159-38, Violations and penalties, was redesignated as § 159.150 2.12-2002 by Ord. No. 2.2002. ARTICLES VII through X (Reserved) § 159-39 through 159-50. (Reserved) Part 22 Sewers ARTICLE XI Mann Avenue Service Agreement3 [Adopted 7-17-1975 by Ord. No. 17-1975] § 159-51. Agreement authorized. The Mayor and Township Clerk are hereby authorized to execute a certain agreement, a copy of which is on file with the Township Clerk, between the Township of East Hanover and the Florham Park Sewerage Authority, commonly referred to as a “service agreement,” providing for the treatment of sewage from East Hanover by the Florham Park Sewerage Authority upon certain terms and conditions, all more fully set forth in the aforesaid agreement. 2 Editor’s Note: Former Part 2, Emergency Use Restrictions, which included Art. VIII, Conservation Measures, was repealed 8.21-1997 by Ord. No. 30-1997. See now § 159-33. The provisions of Part 2, Sewers, were formerly contained in Ch. 123, but were redesignated 2-12.2002 by Ord. No. 2.2002. 3 Editor’s Note: This service agreement is only applicable to the Mann Avenue Sewer Project, and the balance of the Township must comply with Ordinance No. 18-1981 (Art. III of this chapter) regarding sewer service connections and service charges, which is applicable to Phases I, II and III of the East Hanover Sewage Project. § 159-52. Construction authorized; acquisition of rights-of-way. A. The construction of a sanitary sewage collection line in and along Mann Avenue and surrounding streets, as set forth on a plan prepared by the Township Engineer and as will be more fully detailed in plans and specifications to be prepared by the Township’s Sanitary Sewer Consultant, is hereby authorized. B. The Township Committee of the Township of East Hanover does hereby authorize the acquisition of any and all rights-of-way which may be necessary for the completion of the Mann Avenue sewer project, as are more specifically delineated on the Township Engineer’s plans and profiles entitled “Mann Avenue Sewer Project,” either by gift, purchase or condemnation as provided for by Title 20 of the New Jersey statutes. [Added 3-18-1976 by Ord. No. 5-1976] § 159-53. Maximum cost. [Amended 3-18-1976 by Ord. No. 5-1976] The cost of said authorization for the installation of sanitary sewer collection lines in and along Mann Avenue and surrounding streets shall not exceed the sum of $27,500 and shall be paid from the Capital Improvement Fund of the Township of East Hanover for the years 1975 and 1976. § 159-54. House connections required; costs. [Amended 3-18-1976 by Ord. No. 5-1976; 8-17-1982 by Ord. No. 24-1982] Every residence which shall be located along the sanitary sewage collection line to be constructed by the Township shall connect to the aforesaid line to be constructed by the Township in manner approved by the Township Plumbing Inspector within six months after each property owner is notified that house connections can be made. The cost of installing said house connections shall be borne by the individual property owners. In addition, each property owner shall pay to the Township of East Hanover a one-time connection fee as set out in Chapter 79, Fees and Licenses, for the right to connect. § 159-55. Sewerage user charges. The property owners who utilize the system about to be constructed shall pay such sewerage user charges on a quarterly basis as shall be established by the Township Committee from time to time. ARTICLE XII Sewer Service Charges; Connections [Adopted 12-30-1976 by Ord. No. 29-1976] § 159-56. Service charge established. There is hereby established a sewer service charge for the use, operation, maintenance and construction of a sewer system of the Township of East Hanover which is operated through and under the agreements with the Florham Park Sewerage Authority dated December 18, 1974, and September 29, 1975, to be imposed upon the owners of properties served thereby at the rates hereinafter set forth. § 159-57. Quarterly unit charge. [Amended 8-17-1982 by Ord. No. 24-1982] The sewer charge hereby imposed shall be a quarterly unit charge as shall be established by the Township Committee from time to time. § 159-58. Rate schedule. The rate schedule for sewer service for residences serviced by the Florham Park Sewerage Authority is established as follows. Minimum charge per connection shall be one unit: Type of Service Unit Charges Single-family dwelling 1 Two-family dwelling 2 Three-family dwelling 3 NOTE: Only residential properties are to be serviced in East Hanover by way of the Florham Park Sewerage Authority. § 159-59. Payment of service charges. [Amended 5-19-1983 by Ord. No. 12-1983; 12-4-1986 by Ord. No.31-1986] Commencing with 1987, the billing period, payment dates, etc., shall be as follows: Billing Payment Period 1 2 3 4 Start 1/1 4/1 7/1 10/1 End 3/31 6/30 9/30 12/31 Date 3/1 6/1 9/1 12/1 § 159-60. Delinquent payment. [Amended 5-19-1983 by Ord. No. 12-1983; 9-17-1992 by Ord. No. 18-1992] A. The property owner shall have a thirty-calendar-day grace period from the date the same became payable in which to remit full payment for the same. In the event that full payment is not made by the 30th calendar day the same became payable, the property shall be charged interest which shall accrue retroactively to the date the same became payable. The rate of interest on delinquent bills shall be the same as that for unpaid taxes upon real estate. B. If a bill remains unpaid after the 30th calendar day following the date upon which the same became payable, it shall be classified as delinquent, and upon five days’ notice to the property owner, service may be discontinued. If service is discontinued, it shall not be restored until all arrears with interest, costs and penalties are fully paid. The Township shall have the same remedies for the collection of arrears with interest, costs and penalties as it has by law for the collection of taxes upon real estate. Editor’s Note: This ordinance also provided that it would take effect 1-1-1993. § 159-61. Collection of service charges by Water Department. The Township Water Department shall operate and maintain the sewer system and is hereby charged • with the duty of collecting all sewer service charges. § 159-62. Required connections; fee. [Amended 8-17-1982 by Ord. No. 24-1982] The owner of any building with toilet facilities which can be reasonably serviced by the sewer lines being installed by the Township shall be required to connect to the said Township sewer and pay a connection fee as set out in Chapter 79, Fees and Licenses. This provision applies to all buildings, i.e., those presently existing and those to be constructed in the future. § 159-63. Definitions. As used in this article, unless a different meaning clearly appears from the context, the following words shall have the following meanings: BUILDING — Any building or structure heretofore or hereafter constructed and designed or used for dwelling purposes, either temporary or permanent, or other use or occupancy by persons. CONNECTION DATE — When used with respect to a building constructed prior to the date of initial operation, as a part of any sanitary sewage treatment and disposal system in the Township owned or operated by the Township, of a sewer in the public street or right-of-way upon which said building is located, means the 60th day next ensuing after said date of initial operation, and, when used with respect to a building constructed after the date of initial operation, as a part of any sanitary sewage treatment and disposal system owned or operated by the Township, of a sewer in the public street or right-of-way upon which said building is located, means the 60th day after the date of completion of construction or the date of initial occupancy of said building, whichever of said dates shall be earlier in point of time. SEWER — Any sewer or main designed or used for collection or disposal of sanitary sewage and located in any public street or right-of-way in the Township. § 159-64. Pipe specifications. Every connection required by this article shall be made with soil pipe of cast iron, caulked and leaded, extending from inside the building foundation to a sewer or to a point which is not less than five feet outside of said foundation and connection there from to a sewer with soil pipe of asbestos cement or other approved fiber or synthetic material with slip joints or rubber gaskets. All soil pipes shall be not less than four inches in diameter and every connection required by this article shall be made in a manner to discharge into the sewer all sanitary sewage originating in the building. § 159-65. Connections by Township; cost. If the owner of any property in the Township shall fail to make any connection or installation required by this article within the time herein required, the Township may proceed to make such connection or installation or cause the same to be made and charge and assess the cost thereof against such property pursuant to the. authority of Sections 40:63-54 through 40:63-64 of the Revised Statutes of New Jersey. § 159-66. Abandonment of individual septic systems; certification. All owners of buildings which connect to the Township’s sanitary sewer system shall abandon their individual septic systems within 60 days of connecting to the Township’s sanitary sewer system. Abandonment shall be accomplished by filling in the individual septic systems in accordance with regulations issued by the Township Engineer. Each owner shall obtain a certificate from the Water and Sewer Department that abandonment has been properly completed. The officer charged with the issuance of searches for unconfirmed municipal assessments shall note noncompliance on • each search ordered where the required certificate has not been issued by the Water and Sewer Department. ARTICLE XIII Sewer Use [Adopted 9-3-1981 by Ord No. 18-1981] § 159-67. Declaration of intent; statutory authority. A. The following article shall be and is hereby declared to be the Sewer Use Ordinance of the Township of East Hanover regarding the use of its local sewerage system and the nature of wastes to be discharged into the local sewerage system. B. This article is adopted in accordance with the requirements of the Federal Water Pollution Control Act Amendments of 1972, PL 92-500, and the Clean Water Act of 1977, PL 95-217; more specifically, the requirements contained in Subpart E of 40 CFR 35.935.16, as well as the intermunicipal agreement dated September 14, 1977, executed between the Township of East Hanover and the Township of Parsippany - Troy Hills. § 159-68. Definitions. Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows: BOD (denoting “biochemical oxygen demand”) — The quantity of oxygen, expressed in milligrams per liter (mg/I), utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C. The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Wastewater; ASTM Standards, Part 23, Water; Atmospheric Analysis (1972); and EPA Methods for Chemical Analysis of Water and Wastes (1971). BULDING DRAIN — That part of the lowest piping of a drainage system which receives the discharge from soil, waste and other drainage pipes, excluding sump pumps, inside the walls of the building or structure and which conveys it to the building sewer. BUILDING SEWER — That part of horizontal drainage system beginning three feet outside the inner face of the building or structure wall which receives the discharge from the building drain and conveys it to a service lateral of a street sewer. CHLORINE DEMAND — The difference between the amount of chlorine added to water, sewage or industrial wastes and the amount of residual chlorine remaining at the end of a twenty-minute contact period at room temperature, as set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater. COD (denoting “chemical oxygen demand”) — The quantity of oxygen required to chemically oxidize material waste by dichromate acid solution expressed in milligrams per liter (mg/I). Measurement shall be as set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater. COMPANY — Any private corporation formed under the laws of the State of New Jersey or any other state. CONNECTION UNIT — Each individual building or structure, whether constructed as a detached unit or as one of a pair or row, which is designated or adaptable to separate ownership or occupancy. ENGINEER — The Township’s Engineer who is engaged at the time to serve the Township for the design, inspection, construction and operation of the local sewerage system. GARBAGE — Solid wastes resulting from preparation, cooking and dispensing of food and from handling, storage and sale of produce. GENERATOR — The person who causes septage to be generated. [Added 2-16-1984 by Ord. No. 1-1984] GOVERNMENT — The United States of America or any department of agency thereof. HAULER — A “hauler” approved by the Solid Waste Administration, New Jersey Department of Environmental Protection. [Added 5-2-1985 by Ord. No. 8-1985] HEALTH DEPARTMENT — The Health Department of the Township of East Hanover. IMPROVED PROPERTY — Any property within a sewered area upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged. INDIVIDUAL DISPOSAL SYSTEM – Any system for the disposal of sewage other than a sanitary sewer system collecting sewage from various premises for treatment and disposal at a sewerage disposal plant approved by the Solid Waste Administration, New Jersey Department of Environmental Protection. [Added 5-2-1985 by Ord. No. 8-1985] INDUSTRIAL WASTES — The liquid wastes from industrial manufacturing processes, as defined in the 1972 Edition of the Standard Industrial Classification Manual, as distinct from sanitary sewage. INSPECTOR — Any person appointed by the Township for the purpose of inspecting the pumping of individual sewage disposal systems. [Added 5-2-1985 by Ord. No. 8-1985] INTERCEPTOR SEWER — A sewer of the Township which carries wastewater and to which storm-, surface and ground waters are not intentionally admitted. LOCAL COLLECTION SEWERAGE SYSTEM or LOCAL SEWERAGE SYSTEM — The sanitary sewerage system of the Township which is or may be connected to the PTH sewerage system, including any extensions or enlargements of such system. MAIN — The Township-owned or —leased piping and appurtenances in or along public highways and streets or along privately owned rights-of-way used for the collection of domestic sewage or industrial wastes from its users and to which storm-, surface and ground water are not intentionally admitted. mg/I — Milligrams per liter. PERSON — Any individual, association or corporation, or any government agency. pH — The logarithm of the reciprocal of the weight of hydrogen ions, expressed in grams per liter of solution, and indicates the degree of acidity or alkalinity of a substance or wastewater. ppm — Parts per million. PRETREATMENT — Any sewage treatment process or processes that are required to produce a discharge to the PTH sewerage system or the local sewerage system that will conform to any standards promulgated by the United States Environmental Protection Agency or the New Jersey State Department of Environmental Protection. PTH SEWERAGE SYSTEM or SYSTEM — The facilities and all other sewers, conduits, pipelines, mains, pumping and ventilating stations, sewage treatment and disposal systems, plants and works, connections and fallouts, and all other plants, structures, equipment, boats, conveyances and other real and tangible personal property, and all renewals or replacements of any of the foregoing, acquired, constructed or operated or to be acquired, constructed or operated by the Township of Parsippany Troy Hills, but does not include the public sewage collection or disposal system or facilities of the Township. SANITARY SEWAGE — The liquid wastes discharged from residences, buildings, institutions and industrial establishments, together with such groundwater infiltration, surface water admixtures or other wastes as may be present, but from which industrial wastes have been excluded. SEPTAGE — The combination of liquid and solid residues resulting from the treatment of waterborne domestic waste in on-site waste disposal facilities. [Added 2-16-1984 by Ord. No. 1-1984] SERVICE AREA — The area of the Township of East Hanover which discharges sewage to the Parsippany — Troy Hills wastewater treatment facility. SERVICE CONTRACT — The intermunicipal agreement between the Township of Parsippany — Troy Hills and the Township of East Hanover, dated September 14, 1977, and any amendments thereto. SERVICE LATERAL — That part of the local sewerage system from the street sewer to a point approximately two feet beyond the curbline or paved portion of the right-of-way. SEWAGE or WASTEWATER — Industrial wastes and sanitary sewage discharged from residences, buildings, institutions, industrial establishments or other places, together with such groundwater infiltration, stormwater, surface waters, admixtures or other wastes as may be inadvertently present. SEWER DEPARTMENT — The Municipal Sewer Utility established by the Township of East Hanover by Ordinance No. 4~1979.6 SLUG — The discharge of any wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation. SURCHARGE — The additional charge that will be levied against a user discharging wastewater whose BOD, suspended solids or chlorine concentrations are in excess of the allowable limit set forth in § 159-82 or which contain constituents in concentrations for which the PTH sewerage system has determined that an additional charge is required for their treatment. “Surcharges” will be assessed pursuant to the user charges set forth in § 159-109 of this article. SUSPENDED SOLIDS — All solids that either float on the surface of or are in suspension in water, wastewater or other liquids and which are removable by laboratory filtration. The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Wastewater; ASTM Standards, Part 23, Water; Atmospheric Analysis (1972); and EPA Methods for Chemical Analysis of Water and Wastes (1971). 6 Editor’s Note: See Ch. 5, Art. VII, Municipal Sewer Utility. TOWNSHIP — The Township of East Hanover. TREATMENT PLANT — The Parsippany- Troy Hills wastewater treatment facility and any necessary or desirable renewals , replacements , alterations, extensions, enlargements or betterments thereof, whether located on said site or elsewhere. USER — The person applying for sewage service at one household or business, whether owner or tenant, and who enters into an agreement therefor. WASTEWATER TREATMENT FACILITY — Any arrangement of devices and structures used for treating sewage. § 159-69. Connection required. [Amended 10-19-1982 by Ord. No. 11-1982] Unless specifically exempted by the Township each user must be connected to the local sewerage system within 270 days of notice to a property owner assessed for improvements. Said connection will be at such point and at the elevation designated therefor in the plans approved by the Township for the construction of the project, or at such other location for said point and at such elevation as may be requested by such user and accepted and agreed to by the Township and substituted in lieu of such point. Every such connection at such point or substituted location shall be made by the user at his own cost and expense. § 159-70. Application for connection. Sewage service connections will be made upon written application signed at the Township office by the property owner or his duly authorized agent. Sewage service will be furnished upon written application signed by both the property owner and tenant, if any. Blank forms for all applications will be furnished by the Township, and all applications must receive the approval of the chief financial officer before connection is made. § 159-71. Payment of prior arrears and charges due required prior to acceptance. No application for service will be accepted by the Township until the user has paid or made satisfactory arrangements to pay all arrears and charges due from the user at any premises now or heretofore occupied by the user. § 159-72. Effect of accepted application. The accepted application shall constitute a contract between the Township and the user (whether owner or tenant) and the owner, if not the user, obliging the user and the owner, if not the user, to pay to the Township its service charges as established from time to time and to comply with the conditions of this article. § 159 73 Conditions for acceptance of application. Applications for service connections will be accepted subject to there being a portion of the local sewerage system in the streets or rights of way abutting the premises to be served § 159-74. Responsibility of customer. When a prospective customer has made application for a new service, or has applied for the reinstatement of any existing service, it is assumed that the piping and fixtures on the applicant’s premises are in good condition, and the Township will not be liable in any event for any accident, breaks or leakage arising in any way in connection with the supply of sewage service. § 159-75. Procedure upon change of ownership. A new application must be made and approved by the Township upon any change in ownership of the property when the owner is the customer, or in any tenancy where the tenant is the customer, or in the service, as described in the application, and the Township shall have the right, upon five days’ notice, to discontinue service until such new application has been made and approved. § 159-76. Applications from industrial and commercial establishments. Industrial and commercial establishments making application for sanitary sewage service, in addition to making written application for such service, shall furnish a detailed description of the type and size of buildings, the nature of the business to be conducted in each structure, the number and type of fixtures to be served and the type, volume and chemical characteristics of the waste to be discharged. Such applicants shall also furnish four copies of plans showing: A. The boundaries of the property. B. The location within the property of the structures to be served. C. The location and profile with respect to finished grade of the services. D. Details of the proposed connection(s) to the sewerage system and the arrangement and details of meter installations, if required. § 159-77. Renewal of service. Service will be renewed under proper application when the conditions under which such service was discontinued are corrected and upon the payment to the Township of all charges provided in this article. § 159-78. Procedure when connection previously made and service desired. Where a sewer connection has been previously installed and service is desired, a proper application shall be signed by the owner and the tenant, if applicable. § 159-79. Payment of sewer-service charges. Sewer service charges are payable to the East Hanover Sewer Department in accordance with a Schedule of Fees- to be enacted by the Township and § 159-109 of this article. § 159-80. Treatment works approval required for certain connections. [Added 10-19-1982 by Ord. No. 11-1982] Sewage service connections through which more than 2,000 gallons per day of waste will flow must receive treatment works approval for a sewer extension permit from the New Jersey Department of Environmental Protection, in accordance with the New Jersey Water Pollution Control Act Regulations, as amended. The applicant, at the time of making written application for such service connection, shall provide a copy of the Department of Environmental Protection permit to construct same, and at the time of application for service shall provide a copy of the Department of Environmental Protection permit to operate the service connection. § 159-81. Copies of approval of site plan required for certain developers. [Added 10-19-1982 by Ord. No. 11-1982] Developers of major subdivisions or nonresidential development applications (as defined by the Land Use and Zoning Ordinance7) making application for sanitary sewage service, in addition to making written application for such service, shall furnish a certified copy of the resolution of final approval of the subdivision or site plan issued by the Township Planning Board and certification in writing by the Township Sewer Engineer, approving the proposed subdivision or site plan sewerage system considering the following factors: Editor’s Note: See Ch. 95, Land Use and Zoning. A. Service restrictions. B. Design flows/sewer capacity. C. Proposed point of connection. D. Access needs. E. Design/construction criteria. F. Nature of waste. G. Connection fees. H. Connection units. I. Need for sewer construction permits. § 159-82. Prohibited, discharges. No person shall discharge or permit to be discharged into the local sewerage system any of the following: A. Any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, cooling water, surface water and unpolluted industrial process water. B. Any liquid or vapor having a temperature higher than 150° F. (65° C.). C. Any water or waste which may contain soluble oil or grease or any water containing floatable fats, oils, greases or other substance in sufficient concentrations that might solidify and/or cause to solidify or become viscous at temperatures between 32° and 150° F. (0° and 65° C.). D. Any gasoline, benzine, naphtha, alcohol, tar, fuel oil, motor oil, mineral spirits, commercial solvent or other flammable or explosive liquid, solid or gas. E. Any ashes, cinders, stones, sand, mud, straw, shavings, sawdust, metal, sticks, rags, feathers, plastics, glass, rubber, offal, entrails, blood, hair and fleshings, wood, paunch manure, lime residues, paint or ink residues, cannery waste bulk solids, unshredded garbage, antibiotic wastes, free mineral acid, concentrated pickling wastes or plating solutions or any other solid or viscous substance capable of causing obstruction to the flow or other interference with the proper operation of both the local and PTH sewerage systems. F. Any water or wastes containing toxic or poisonous substances in such concentrations, either singly or by interaction with other wastes, as to constitute a hazard to humans or animals, or to interfere with any sewage treatment process, or to create any hazard in the receiving waters of the sewage treatment plant. G. Wastes which will cause corrosive structural damage to the system. H. Any noxious or malodorous gas or substance capable of creating a public nuisance or hazard to life or preventing entry into sewers for their maintenance, inspection and repair. I. Any waters containing quantities of radium, naturally occurring or artificially produced radioisotopes in excess of presently existing or subsequently accepted limits for drinking water as established by the national committee on radiation protection and measuring or applicable state or federal regulations. J. The following fixed upper limits of acceptable quantity (concentration) and characteristics of material shall apply: Concentration Material (mg/I) Acetylene generation None sludge Arsenic 0.5 Cadmium 5.0 Total chromium 5.0 Copper 5.0 Cyanides 1.0 Grease and soluble oils 75.0 Hydrogen sulfide 10.0 Iron (total) 5.0 Lead 5.0 Mercury 5.0 Mineral acid (free) None Nickel 5.0 flu5, rnin~rci1s 150 Silver 5.0 Sulfur dioxide 10.0 Tin 5.0 Zinc 5.0 Characteristics Limitation Temperature 150° pH, allowable range 5.0 to 9.0 Biochemical oxygen demand 300 mg/I (BOD, 5-day maximum) Suspended solids, maximum 350 mg/I Color 200 Co.-Pt. units Chlorine demand, maximum 2% of Township’s average daily flow Average daily flow, maximum 2% of Township’s average daily flow The above-listed concentrations and characteristics may be altered by the Township as required by regulatory agencies, treatment or reuse requirements or in the event of cumulative overload of the system. K. Any waters containing suspended solids of such character and quantity that unusual provision, attention or expense is required to handle such materials at the sewage treatment plant. L. Wastes at a flow rate and/or pollutant discharge rate which is excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency, constituting a “slug” as defined herein. M. Any concentrated dye wastes, spent tanning solutions or other wastes which are highly colored or wastes which are of unusual volume, concentration of solids or composition that may create obstruction to the flow in sewers or other interference with the proper operation of the systems or the quality of the effluent from the system. N. Any discharges containing pollutants listed in 40 CFR 403.5 of the United States Environmental Protection Agency’s rules and regulations. § 159-83. Actions with regard to discharge of certain wastewaters. If any wastewaters are discharged, or are proposed to be discharged, into the local collection sewerage system which contain the substances or possess the characteristics in excess of the concentration of limitations specified in § 159-82 and which, in the judgment of the Township or the Township of Parsippany - Troy Hills, may have a deleterious effect upon the local sewerage system or the PTH sewerage system receiving waters or life or may constitute a public nuisance, the Township or Township of Parsippany - Troy Hills will exercise one or more of the following options: A. Reject the wastes. B. Require pretreatment to an acceptable condition for discharge to the PTH sewerage system or the local collection sewerage system. C. Require control over the quantities and rates of discharge. D. Charge a surcharge for those quantities over and above the maximum levels defined herein pursuant to § 159-1091 of this article and/or the service contract. § 159-84. Pretreatment of wastes. A. Pretreatment will be required for all industrial wastes discharged by major industries as defined in Title 40 of the Code of Federal Regulations for which pretreatment standards or other requirements have been promulgated by the United States Environmental Protection Agency in accordance with Section 307 of the Federal Water Pollution Control Act Amendments of 1972; for any discharge requirements developed by the New Jersey State Department of Environmental Protection; or which in the judgment of the Township may have deleterious effect upon local sewerage system, receiving water or life; or which in the judgment of the Township of Parsippany - Troy Hills may have deleterious effect upon the PTH sewerage system. B. If the Township of Parsippany - Troy Hills requires the pretreatment or flow equalization of industrial wastes which are to be discharged into the PTH sewerage system or the local collection sewerage system, such facilities shall require review and approval by the Township of Parsippany - Troy Hills prior to their construction. C. Where pretreatment or flow equalization facilities are required for any industrial wastes discharged into the PTH sewerage system or the local collection sewerage system, they shall be continuously maintained in satisfactory and effective operation by the person at his expense. D. In such instances where it is agreed that the industrial waste will be received following preliminary treatment, drawings and specifications shall be submitted for approval, showing all pertinent details of the construction proposed to accomplish the pretreatment, to include details of the indicator-recorder-register-type of flow meter, and housing to be used, to meter the flow of industrial wastes, and also details of the control manhole to be constructed on the industrial waste’s connection within the sidewalk area. The control manhole shall be provided with adequate access manhole covers of approved type, through which access shall be possible to the Township and the Township of Parsippany - Troy Hills personnel at all times. Drawings, specifications, reports, etc., shall be submitted in quadruplicate and shall be prepared by a registered professional engineer in the State of New Jersey who shall possess expertise in industrial waste treatment and disposal design. § 159-85. Inspection, testing and reporting of industrial waste. A. All persons desiring to discharge industrial wastes must file with the Townships of East Hanover and Parsippany Troy Hills a complete physical and chemical analysis of the wastes proposed to be discharged into the PTH sewerage system and the local collection sewerage system. This information shall be filed in accordance with the instructions outlined in Environmental Protection Agency Form 5700-22A (7-73), National Pollutant Discharge Elimination System, Application for Permit to Discharge Wastewater, Supplementary Instructions — for Standard Form A — Municipal. B. All industries, as defined in § 159-84A of this article, and other industries as deemed necessary by the Township or the Township of Parsippany - Troy Hills discharging industrial wastes into the PTH sewerage system or the local collection sewerage system shall semiannually file with the Township and the Township of Parsippany - Troy Hills a report on the constituents and characteristics of their industrial waste [Environmental Protection Agency Form 7500-22A (7-73), Page IV-1]. Each industry shal1 maintain a permanent record of all reports and data furnished the Townships. C. Any industry which is connected to the local collection sewerage system and is discharging industrial wastes thereto which shall change its method of operation so as to alter the type of wastes previously discharged shall notify the Township and the Township of Parsippany — Troy Hills at least 15 days prior to such change, in order that the municipalities’ representatives can sample and determine whether or not the new waste can be accepted in both the PTH sewerage system and the local collection system. D. Representatives of the Township of Parsippany - Troy Hills, State of New Jersey Department of Environmental Protection, Federal Environmental Protection Agency and the Township shall have the right to enter all properties of the contributing industry for the purpose of inspection, observation, measurement, sampling and testing. A user which discharges wastewater in excess of 50,000 gallons per day at any time during the year or which has been required to provide pretreatment of wastes under § 159-84 of this article may be required to install a suitable control manhole on the building sewer on its site to facilitate inspection, observation, measurement, sampling and testing of wastes. Such manhole, when required, shall be readily accessible and safely located and shall be constructed in accordance with plans approved by the Townships of East Hanover and Parsippany — Troy Hills. The manhole shall be installed by the user at its own expense and shall be so maintained by it as to be safe and accessible at all times. E. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made herein shall be determined in accordance with the analytical methods described in Title 40 of the Code of Federal Regulations and shall be determined at the control manhole provided for above. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected, provided that there is no dilution of the wastewater at this location. § 159-86. Violations and penalties. A. When the Township finds that a discharge of wastewater has taken place in violation of prohibitions or limitations of this article, the Township may issue an order to cease and desist and direct those persons not complying with such prohibitions, limits, requirements or provisions to: (1) Comply forthwith; (2) Comply in accordance with a time schedule set forth by the Township; (3) Take appropriate remedial or preventive action in the event of a threatened violation; or (4) Discontinue service. B. When the Township finds that a discharge of wastewater has been taking place in violation of prohibitions or limitations prescribed in this article or wastewater source control requirements, effluent limitations or pretreatment standards, the Township may require the user to submit for approval, with such modification as it deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of requirements. C. Any user affected by any decision, action or determination, including cease and desist orders, made by the Township, interpreting or implementing the provisions of this article or in any permit issued herein, may file with the East Hanover Township Committee a written request for reconsideration within 10 days of such decision, action or determination, setting forth in detail the facts supporting the user’s request for reconsideration. D. Discharges of wastewater in any manner in violation of this article or any order issued by the Township of Parsippany — Troy Hills is hereby declared a public nuisance and shall be corrected or abated as directed by the Township. E. Whenever a discharge of wastewater is in violation of the provisions of this article or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the Township may discontinue service and may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge. F. Any person who violates any provision of this article or discharges wastewater which causes pollution or who violates any cease and desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard shall be liable civilly to a penalty not to exceed $500 for each day in which such violation occurs. The Attorney of the Township, upon order of the Township, shall petition the Superior -Court to impose, assess and recover such sums. G. Any person violating any of the provisions of this article shall become liable to the Township for any expense, loss, legal or other costs or damage occasioned the Township by reason of such violation and may further result in the Township’s requiring discontinuance of waste discharge into the local collection sewerage system in addition to the penalties as authorized in the preceding subsection. H. In addition, any person who violates or refuses to comply with § 159-117 through 159-19 of this article shall, upon conviction thereof be subject to revocation of its municipal permit. [Added 52-1985 by Ord. No. 8-1985] I. in addition, any hauler who violates or refuses to comply with any provision of this article shall, upon conviction thereof~ in addition to a fine and revocation of its municipal permit, be reported to the State of New Jersey Bureau of Licensing and Regulation. [Added 5-2-1985 by Ord. No. 81985] § 159-87. Damage to system. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the local sewerage system. The Township will take appropriate action against any person violating this provision. § 159-88. Service laterals. [Amended 3-21-1985 by Ord. No. 3-1985] A. The Township Sewer Department will make connections to its local sewerage system and will furnish, install and maintain all service laterals from the main to a point inside the curb, right-ofway or easement, all of which shall remain the sole property of the Township and shall not be trespassed on or interfered with in any respect. B. The building sewer, from the curb, right-of-way or easement to the structure to be served, shall be furnished, installed and maintained by the owner of the property. The building sewer shall be constructed of materials and installed in accordance with the standards and requirements of the National Standard Plumbing Code. Enforcement is the responsibility of the Plumbing Subcode Official. The building sewer shall be laid in a straight line if practical and shall be a minimum of 24 inches below the surface of the ground when final grading of the property has been completed. Changes in direction shall only be made with suitable pipe fittings of the same material as the building sewer. The building sewer shall be installed by a registered plumber or licensed drainlayer, as hereinafter defined, and shall be inspected and approved by the Plumbing Subcode Official prior to backfilling the trench; otherwise, any construction not approved shall be immediately removed and reconstructed in an approved manner. C. No service lateral shall be laid within three feet of any open excavation, service lateral, vault or meter pit. D. Where the renewal of-the service lateral from the main to the curb is found to be necessary, the Township will renew the service in the location as previously used. If the property owner or user, for his own convenience, desires the new service lateral at some other location arid agrees to pay all expenses of such relocation as previously used and cutting and disconnecting the old service lateral, the Township will lay the new service lateral at the location desired. E. All connections, piping and fixtures furnished by the user shall be maintained by him in good order, and all piping and connections furnished and owned by the Township and on the property of the customer shall be protected properly and cared for by the user. All leaks in the building sewer or any other pipe or fixture in or upon the premises served must be repaired immediately by the owner or occupant of the premises. The user shall notify the Township and the Plumbing Subcode Official and identify the party engaged to do any maintenance work to the customer’s building sewer, prior to work being commenced, and the party shall not backfill any trench until the work has been inspected and approved by the Plumbing Subcode Official. Any work not acceptable shall be immediately removed and replaced by work which is acceptable. F. The Township shall in no way be responsible for maintaining any portion of the building sewer owned by the user or, due to blockages in any portion of the building sewer owned by the user, for damage done by sewage escaping there from or for lines or fixtures on the user’s property, and the user shall at all times comply with applicable Township regulations with respect thereto and make changes therein required by reason of relocation of mains or otherwise. G. A service lateral or main in a right-of-way shall not serve more than one property, however, any of the properties classified below, upon proper application of the owner, may be supplied by two or more service laterals, each of which, for billing purposes, shall be considered as being one user account. (1) An industrial, commercial or manufacturing establishment. (2) A building separated from adjacent buildings by a party wall or party walls and comprising apartments or stores or offices, or any combination thereof. (3) A detached building comprising apartments or stores or offices, or any combination thereof. H. Where two or more users are now served through a single service lateral, any violation of this section, with respect to either or any of the users, shall be deemed a violation as to all, and unless the violation is corrected after reasonable notice, the Township may take such action as may be taken for a single user, except that such action will not be taken until an innocent user, who has not violated this section, has been given a reasonable opportunity to connect his pipe to a separately controlled service lateral. I. Building sewers shall be installed to conform to detailed plans and specifications submitted to the Township by the applicant and only after review and approval of those plans and specification by the Plumbing Subcode Official. J. Junctions of two different types of pipe shall be made with adapters manufactured in accordance with the National Standard Plumbing Code for the pm-pose of making the transition between the specific types and grades of pipe being used. § 159-89. Repair of broken pipes. [Amended 3-21-1985 by Ord. No. 3-1985] If it is found that there is infiltration or inflow caused by a broken pipe, open joints or some other problem with the user’s building sewer, it shall be reported and repaired immediately by the user or owner. § 159-90. Data to be submitted prior to approval of application involving acceptance of industrial waste. [Amended 3-21-1985 by Ord. No. 3-1985] Prior to approving an application for a connection involving the acceptance of industrial wastes into the Township system, the applicant shall submit complete data with respect to the following: A. Average maximum and minimum rates of flow to be expected daily and seasonally. B. Flow diagram showing points of application of chemicals, type and quantity of each chemical used per day and per shift, a schedule of operations, expected chemical characteristics of the untreated wastes and the point or points of connection to the sewage system. The normal situation will require the separation of and separate points of connection for domestic sewage and industrial wastes from each industrial establishment. § 159-91. Prohibited connections. [Amended 3-21-1985 by Ord. No. 3-1985; 5-16-1985 by Ord. No. 7R-1985] Under no circumstances will any of the following devices be connected to the Township sanitary sewers, either directly or indirectly. A. Floor drain, area drain or yard drain, except as where provided for under the National Standard Plumbing Code and/or Uniform Construction Code Regulations. B. Rain conductor, downspout or sump pump. C. Grease pits which discharge grease into the Township sewers. D. Air-conditioning equipment. E. Stormwater inlets or catch basins. F. Drains from pieces of equipment or manufacturing, unless specifically authorized under the provisions of this section. § 159-92. Nonacceptable wastes. Wastes containing any substances or possessing the characteristics listed in § 159-82 will not be accepted. § 159-93. Grease, oil and sand interceptors and oil reclaimers. [Amended 3-21-1985 by Ord. No. 31985] When, in the opinion of the Township, grease, oil and sand interceptors or an oil reclaimer is required, it shall be provided and maintained at the expense of the owner in continuously efficient operating condition. The design and pertinent data shall be submitted to the Township for review and approval after approval by the Plumbing Subcode Official and prior to construction or installation. All such devices shall be constructed entirely on the property of the owner. § 159-94. Provision of control manhole by industries. Industries permitted to connect to the local sewerage system, even •though not initially being required to provide pretreatment in accordance with § 159-84, may be required to provide a control manhole or meter, as described in § 159-84 and 159-85. § 159-95. Procedure where owner provides separate water supply. Where the owner or industry provides its own water supply entirely separate from that supplied by the Township or provides from its own sources a portion of the water consumed on the premises which eventually finds its way into the sewage system of the Township, all aforementioned provisions will apply. This does not relieve the owner from the requirement to furnish, install and maintain a meter of the indicator-register-record-type to measure the discharge of industrial waste as provided herein. All costs of furnishing, installing and maintaining the industrial waste flow meter shall be borne by the owner. § 159-96. Facilities for inspection of industrial waste being discharged; method for computing user charges. [Amended 3-21-1985 by Ord. No. 3-1985] Each industry discharging industrial waste into the sewer system of the Township shall provide facilities and means whereby the waste being discharged may be inspected by designated representatives of the Township. Determination of the character, concentration and rate of flow by the Township shall be binding for the purpose of computing user charges. Samples may be collected and evaluated pursuant to standard methods of analysis for the purpose of determining the quality and quantity of such industrial waste. § 159-97. Schedule of discharges. Each industry discharging industrial waste into the sewer system of the Township shall adopt a schedule of discharges of such waste, which schedule is subject to the approval of the Township to the end that peak concentration of sewage flows shall be minimized, giving due consideration to the capacities of the sewer system and to the necessities of factory production. § 159-98. Changes in previously approved industrial waste. In the event that a change in a previously approved industrial waste discharged by an industry interferes with the efficiency of the operation of the sewer system of the Township or with the disposal of sewage flowing therein or increases the cost of the operation of such system then such industry shall be required by the Township to A Reduce its peak discharge B Construct equalizing tankage C Partially pretreat the wastes D Eliminate troublesome wastes E. Use any approved means to produce industrial waste of a quality acceptable to the Township before such waste can be discharged into the sewer system of the Township. § 159-99. Failure of industry to conform to regulations. In the event that any industry fails to conform to these regulations, which failure causes damage of any sort to the Township or the PTH treatment plant or their respective employees or representatives, the Township shall determine the extent of the damage and bill the industry accordingly. If such bill is not paid within five calendar days from the date of the bill, legal action may be instituted to enforce collection; the charge shall become a lien upon the property or the Township may resort to termination of the connection after giving 24 hours’ notice. The Township reserves the right to cancel service upon one years’ written notice, in the event of repeated failure to comply with the rules and regulations of the Township. § 159-100. Permit required for connections, alterations or repairs. Connections to, alterations to or repairs to any public sewer or the manholes or other appurtenances of the local sewerage system shall not be made by any person without a permit issued by the Township. § 159-101. Prohibited acts; penalties. No unauthorized person shall open the cover of, enter or alter any manhole or other appurtenance of any public sewer; place or insert in any public sewer or its appurtenances any foreign material which said sewer or its appurtenances was not intended to receive; nor shall any person damage, destroy, uncover, deface or tamper in any way with any public sewer or its appurtenances, Any person violating this provision of these regulations shall be subject to arrest under a charge of disorderly conduct. § 159-102. Permits; fees. A. There shall be three classes of permits for sewers: (1) Class A for residential and commercial service. (2) Class B for service to establishments producing industrial wastes. (3) Class C septic filling permit, to accompany both Class A and Class B permits. B. In all cases, the licensed drain layer shall obtain the permit by making application on the appropriate form furnished by the Township. C. The application shall state the location and character of the work to be performed, the person granted permission to perform such work, the time limit for completion of the work, the general character of the wastes which are or may be discharged into the sewer in question, and any other pertinent information or conditions. The permit application shall be supplemented by any plans, specifications or other information considered to be pertinent by the Township. D. A permit and inspection fee for a Class A permit and for a Class B permit for a building where industrial wastes are produced shall be paid to the Township at the time the application is filed, and a permit and inspection fee for a Class C permit shall be paid, as provided in § 79-9C of the Code of the Township of East Hanover. [Amended 8-17-1982 by Ord. No. 24-1982] E. The Class C permit shall be for the express purpose of monitoring the abandonment, dismantling and filling of existing individual disposal systems on the property. The abandoned septic tank, cesspool and/or seepage pit shall be pumped clean of sewage in accordance with this article. The septic tank, cesspool or seepage pit, once pumped clean of waste, shall be filled with suitable fill material, as determined by the Sewer Department, the lid removed and the system sealed to prevent health and safety hazards in the future. Prior to the permanent sealing of the septic system, the abandonment and filling of the system shall be inspected and approved by the Inspector, and a notation of inspection and approval shall be made on the Class C permit. The Class C permit fee shall be refunded to the applicant upon presentation of the approved inspection notation to the Township. [Amended 8-17-1982 by Ord. No. 24-1982; 2-16-1984 by Ord. No. 1-1984; 5-2-1985 by Ord. No. 8-1985] F. Notwithstanding the Township applications, permits, inspections and fees, the applicant must fulfill the existing requirements and pay any applicable fees of all other regulatory agencies (i.e., the New Jersey State Department of Environmental Protection Agency). G. Reinspection fees shall be as provided in § 79-9C of the Code of the Township of East Hanover. [Amended 8-17-1982 by Ord. No. 24-1982] § 159-103. License and permit required to perform work on property owner’s connection. No person, other than those working for and under the direction of the Township, shall excavate, construct, install, lay, repair, alter or remove any property owner’s connection or any appurtenance thereof, within the Township, if such sewer is connected or discharges or is intended at some future time to be connected or to discharge, directly or indirectly, into any public sewer to the Township, until said person has a permit secured by the owner of the property to do such work, and further provided that said person has been granted a license to perform said work by the Township pursuant to §~ 159-105 and 159106 of this article. § 159-104. Suspension of permit. Any permit may be suspended or terminated by the Township on written notice to the party to which the permit was issued for violation of requirements of these regulations or for other reasons in the public interest. § 159-105. Persons permitted to perform work on property owner’s connection. Only the following person or persons shall construct, repair, alter or remove property owner’s connection or make connections there from to a public sewer: A. Regular forces of the Township or a contractor employed by the Township. B. Any person who shall have been licensed by the state to perform work of this type during the period provided by the license and under the conditions of the license. Such persons shall be state-licensed plumbers. Only licensed plumbers shall work on pipes within, and no more than three feet outside, the walls of any structure, provided that no connection to a public sewer shall be made by such persons without a permit from the Township, irrespective of the distance of said public sewer to the structure in question. All drains shall be connected by licensed plumbers in conformity with requirements of these regulations as to wastes - permitted to be discharged into the sanitary sewer system and pursuant to the procedures outlined in the National Standard Plumbing Code. [Amended 10-19-1982 by Ord. No. 11-1982; 4-10-2006 by Ord. No. 7-2006] § 159-106. Regulations applicable. [Amended 8-17-1982 by Ord. No. 24-1982; 10-19-1982 by Ord. No. 11-1982; 3-17-1983 by Ord. No. 7-1983; 4-10-2006 by Ord. No. 7-2006] A. All trench excavations, installations and connections shall be in accordance with the National Standard Plumbing Code (as stated in the Uniform Construction Code, as adopted and enforced by the Township) and any further requirements of this article. B. Bonds. (1) Each licensed plumber, if other than the homeowner, shall post with the Township a performance guaranty bond in the amount of $5,000 for • each sewer connection or permit or a blanket performance guaranty bond in the amount of $25,000 regardless of the number of sewer connection permits issued to the plumber. (2) Each state-licensed master plumber, if other than the property owner, shall post with the Township a maintenance bond in the amount of $5,000 for each sewer connection or permit or a blanket performance guaranty bond in the amount of $25,000 regardless of the number of sewer connection permits. This maintenance bond shall cover any malfunction, damage or improper installation of the connection, and said maintenance bond shall be posted with the Township for a period of 24 months from the time of the release of the performance bond or completion of the connection, whichever last occurs. C. Each master plumber shall provide a certificate of insurance, designating the Township as a named insured, covering general liability insurance in the amount of $500,000 bodily injury, $100,000 properly damage, $750,000 auto liability (combined) and $100,000 ( per accident) , worker’s compensation (statutory) and employer’s liability insurance, with an indemnification and hold-harmless endorsement to the Township. Exclusions related to construction work of the type and character contracted must be deleted. § 159-107. Requirements applicable to permittee. [Amended 10-19-1982 by Ord. No. 11-1982; 216-1984 by Ord. No. 1-1984; 3-21-1985 by Ord. No. 8-1985] The following requirements of this section shall apply to any person licensed to do sewer work and who has a sewer permit to do such sewer work as provided in § 159-102 of this article. A. No building shall be connected to a public sewer unless the plumbing system of said building has vent piping installed in accordance with the National Standard Plumbing •Code. B. In all buildings where the building drain is too low to permit gravity flow to the public sewer, sewage or other permitted waste carried by such piping shall be lifted by approved sump or ejector pumps in accordance with that of the National Standard Plumbing Code and discharge to the property owner’s building sewer. C. When the property owner’s building sewer trench has been excavated, the property owner’s connection repaired, altered or constructed and the same is ready for inspection and connection to the public sewer, the Township Sewer Department shall be notified not less than 24 hours in advance of the time when the connection tap to the public sewer is planned and prior to backfilling during the regular working hours of 8:30 a.m. through 4:30 p.m. and excluding weekends and holidays. The connection of the property owner’s building sewer to the Township sewer shall be made under the supervision of the Township Sewer Department and abandonment and filling of the existing septic system shall be under the supervision of the Health Department and a record of all said connections and septic fillings shall be kept by those departments. A written clearance to backfill shall be given the drain layer when the entire building sewer has been successfully tested in accordance with the National Standard Plumbing Code. If any person shall not provide the notice of inspection requirement of this section, the Township Sewer Depart-ment may order all or any portion of said work to be uncovered for inspection and approval. All building sewers, drains and plumbing fixtures must conform to all other applicable provisions of the National Standard Plumbing Code. D. Upon application by a residential homeowner to and approval of the Construction Official by recommendation to the governing body, the municipality may consider payment by the municipality of an amount not to exceed $2,000 toward the cost and installation of an ejector pump by the property owner, provided that said ejector pump is the most cost effective method to obtain sewerage service to a residence and provided that property conditions do not allow gravity flow waste discharge for which the sewerage system was designed. E. A septage generator shall only dispose of septage from a septic tank, cesspool and/or seepage pit to a hauler registered with the Solid Waste Administration, New Jersey Department of Environmental Protection, which septage shall then be hauled to a sewage treatment facility registered with the New Jersey Solid Waste Ad-ministration. § 159-108. Exemptions to required hookup. Exemptions to the required hookup to the public local sewerage system may be allowed when the following circumstances exist: A. Where a public or private sanitary sewer system is not available, a septic tank or other individual sewage disposal system may be allowed, subject to application to and approval by the local Board of Health and the Department of Health of the State of New Jersey. At such time as a public or private sewer system becomes available to a property served by an individual sewage disposal system, a direct connection shall be made to said system in accordance with the requirements of this article within 180 days of availability. B. Where the use to be served is not within 250 feet of the sanitary sewer main and is not a gravity flow line, provided that any existing sewage facility is adequate and not contrary to any rule or regulation of the local Board of Health or State Department of Health. C. Where, by reason of unusual property elevations or characteristics not contemplated in the sewer system design the mandated connection would cause undue hardship to the property owner or user, provided that any existing sewage facility is adequate and not contrary to any rule or regulation of the local Board of Health or the State Department of Health. D. The East Hanover Sewer Commission shall have the power to grant waivers from this chapter concerning connection to the local sewerage system. Any waiver shall be granted on a case-bycase basis and only under those circumstances when the strict enforcement of this chapter would impose undue hardship upon a person. [Added 3-17-1983 by Ord. No. 7-1983] E. If a person has been denied a waiver by the East Hanover Sewer Commission, the person may appeal the denial to the Township Committee by filing a written notice of appeal with the Township Clerk within 10 days after receipt of the notice of denial. The notice of appeal shall specify the grounds upon which the person relies in contending that the denial was an error. A hearing on the notice of appeal shall be held by the Township Committee within 25 days after the filing thereof, and the person shall be afforded at least five days’ notice of the hearing date. The Township Committee shall notify the person, in writing, of its decision within seven days after the hearing date. [Added 3-17-1983 by Ord. No. 7-1983] § 159-109. User charges. A. Schedule. [Amended 5-19-1983 by Ord. No. 12-1983] (1) The sewer user charges shall be billed once in each fiscal year and be payable quarterly. The fiscal year shall commence November 1 and end October 31. For 1983 only, the user charges shall be billed on or before June 1, 1983, for the following billing periods: (a) January 1, 1983, to January 31, 1983, and shall be payable on June 1, 1983. (b) February 1, 1983, to April 30, 1983, and shall be payable on June 1, 1983. (c) May 1, 1983, to July 31, 1983, and shall be payable on August 1, 1983. (d) August 1, 1983, to October 31, 1983, and shall be payable on September 1, 1983. (2) Thereafter, the Water and Sewer Collector shall issue bills on or before November 15 of each year, which shall be due in four quarterly installments, as set forth below: Billing Payment Period Start End Date 1 11/1 1/31 12/1 2 2/1 4/30 3/1 3 5/1 7/31 6/1 4 8/1 10/31 9/1 B. Billing procedures.9 [Added 11-3-1988 by Ord. No. 37-1988] (1) The quarterly sewer user charge bill will be mailed directly to the property owner on record with the Township Tax Assessor. (2) Said property owner will be responsible for the payment of the quarterly sewer user charge as well as any delinquent or unpaid balances. (3) The nonreceipt of a bill will not constitute an excuse for failure to pay. C. The owner of the premises will be held responsible for the sewer charges of his tenant. [Amended 6-2-1983 by Ord. No. 15-1983] D. If a bill remains unpaid after the 10th calendar day following the date upon which the same became payable, it shall be classified as delinquent. The rate of interest on delinquent bills shall be the same as that for unpaid taxes upon real estate. A delinquent bill shall be a lien upon the premises until paid, and the Township shall have the same remedies for the collection thereof with interest, costs and penalties, as it has by law for the collection of taxes upon real estate. [Amended 5-19-1983 by Ord. No. 12-1983] 9 Editor’s Note: Former Subsection B, charges and rents to be lien, was repealed 6-2.1983 by Ord. No. 15-1983. E. No abatement will be made for leaks or for water wasted by damaged fixtures. F. Connection charges. (1) For applications submitted by users in the Phase I area of the Township sewerage system after September 7, 1983, and for applications by users in the Phase II — III area of the Township sewerage system submitted 270 days after a property owner has been notified of the availability of sanitary sewerage service, the applicant shall pay a connection charge at the time of application for each service lateral or connection to the Township’s local sewerage system as set forth in § 79-9C of the Code of the Township of East Hanover. [Amended 8-171982 by Ord. No. 24-1982; 10-19-1982 by Ord. No. 11-1982; 6-2-1983 by Ord. No. 151983] (2) The charges previously stated will apply to all laterals which have been or will be constructed in earth excavations up to a maximum depth of eight feet where open-cut crossings are permitted by the applicable agency having jurisdiction over the road being excavated. In cases where rock excavation is encountered or where additional material is needed as the Township Engineer shall determine, or where the depth of excavation exceeds eight feet, or where open cut of roadways is not permitted, the applicant will be responsible for the payment of any additional costs which may result there from. (3) Connection fees on connections made to the system by owners of subdivisions and townhouses and for owners of industrial parks shall be as provided in § 79-9C of the Code of the Township of East Hanover. [Amended 8-17-1982 by Ord. No. 24-1982] (4) Vacant lots at the time of adoption of this article or lots whose only improvements are without plumbing facilities shall pay the connection charge, regardless of when the connection takes place. (5) For lateral connections larger than eight inches, the connection fee will be determined by the Township. G. Each new sanitary sewer user shall pay an initial service charge as provided in § 79-9C of the Code of the Township of East Hanover at the time of application for service to the Township. This initial service charge shall cover the cost of the first quarter of service or any part thereof for any residential connection unit. Any other connection unit shall be billed quarterly commencing at the time of connection and will be in addition to the initial service charge. Thereafter, the hereinabove contained rates for sanitary sewage service shall apply. [Amended 8-17-1982 by Ord. No. 24-1982; 3-17-1983 by Ord. No. 7-1983] H. In general, each user will receive two charges to cover the costs: (1) A portion of the annual capital costs attributable to the Parsippany — Troy Hills treatment plant, plus a portion of the annual capital costs attributable to the sanitary sewer system constructed by the Township of East Hanover, will be charged to all property owners through general taxation, “General taxation” means that the total capital is divided by the total assessed valuation of the Township and expressed as a tax rate which will become part of the real estate tax bill. [Amended 3-17-1983 by Ord. No. 7-1983] (2) Annual operation and maintenance expenses attributable to the system, plus the unallocated portion of the capital costs, will be divided among the users and expressed as a fee which is billed to the user, separate from taxes. The method of determining this charge will be based on a unit system. The unit system will distribute the proportional share of operational costs among all the users of the system. The unit assignments are shown below. This charge will also include the sewage strength surcharge, if any. [Amended 3-17-1983 by Ord. No. 71983; 5-19-1983 by Ord. No. 12-1983; 10-20-1983 by Ord. No. 24-1983; 12-5-1985 by Ord. No. 27-1985] Type Residential Unit Assignments Units 15 per bedroom plus 350 per residence Base assignment, plus If a cafeteria, an School 3 per student 3 per student additional 3 per student If a shower, an additional If a laboratory, an 3 per student additional Recreational facility Swim club Health club Bowling alley Hotel/motel 10 per member 200 per 1,000 square feet of floor area 200 per alley 5 per maximum permissible occupancy 60 per bedroom Food establishment Restaurant 15 per maximum per missible occupancy Snack bar/short-order5 per maximum per missible occupancy Bar and cocktail 5 per maximum perlounge missible occupancy Food store 125 per 1,000 square feet of floor area Health facility Hospital Nursing home Doctor’s office 200 per bed 150 per bed 125 per 1,000 square feet offloor area Gasoline station 25 per employee Car wash 25 per employee, plus 1 per gallon ofprocess flow Store, shopping center 125 per 1,000 square and office feet of floor area Church 1 per seat Process flow Bank [Added 11-3-1988 by Ord. No. 37-1988] Automobile repair shop [Added 11-3-1988 by Ord. No. 37-1988] 1 per gallon per day of process flow 125 per 1,000 square feet of floor area 25 per employee Warehouse [Added 11-3-1988 25 per employee by Ord. No. 37-1988] I. A sewage strength surcharge will be imposed only when a participant’s average sewerage strength exceeds those values shown below: Maximum Nonsurcharge Sewage Strengths Maximum Strength Components (mg/i) Biochemical oxygen demand (BOD) 300 Suspended solids (ss) 350 Chlorine 15 This user surcharge will be based on the formula used by the receiving, treatment plant, ParsippanyTroy Hills, in its Sewer Ordinance in Chapter XIII, Section 2, Article 1316.1(5), entitled “User Surcharge.” J. The following formulas will be utilized in the preparation of a user’s operational charge: [Amended 10-19-1982 by Ord. No. 11-1982; 3-17-1983 by Ord. No. 7-1983] C —C U — U U Cvol = Unit~ (Cunit) Cunit = Comnet = Com + Corn — SUM8 C5 = [EB(OMB)[LB] + [E5(OM5)/L5] EB = (V)(P)X8.34 LB = QehtX2335#/MG = (V) (Se) X 8.34 = QehtX2252#TMG Com = Comeht + COflipfl~ — SUM5U + M Where C0~ = Total operation and maintenance cost component payable by the user. UnitU = Number of units assigned to an individual user. CUflit = Cost per unit for operation and mainte nance. UnitT = Total estimated number of units assigned for the system for the analysis period. CvolU = User charge flow component Cs Corn = User surcharge due to excessive loading. Net operation and maintenance cost for Township. Corn = Total operation and maintenance cost in curred directly by the Township. ComPth = Total operation and maintenance cost from Parsippany — Troy Hills. Sum5 = Estimated total of all user’s user surcharges for the analysis period. EB = Excess BOD loading (pounds per day). = Excess suspended solids loading (pounds per day). V P S~ T = Average daily volume of wastes in excess of the strength of domestic sewage (MGD). = Concentration of BOD from a user above the base level (mg/i) [BOD of wastes (mg/I) — 280 mg/lI. = Concentration of suspended solids from a user above the base level (mg/i) [suspended solids of wastes (mg/I) — 270 mg/i]. — ~ rlOllVr nnn 1110(IiT1~7 fvnm T~cef — 71V ~1 05t~ ..~ ~ .-.~- Hanover (pounds per day). L5 = Average daily suspended solids loading from East Hanover (pounds per day). OMB = Operation and maintenance expenses allocated to BOD processes ($) [48% of Corn] OM5 = Operation and maintenance expenses allocated to suspended solids processes ($) [34% of Corn] Qeht = Average daily flow from East Hanover in mgd. M = Capital cost component which the Township determines to be attributable to the users K. Laboratory analyses will ‘be performed, . if deemed necessary, on composite samples of a user’s sewage flow to determine its biological and chemical composition. The results of these analyses will be used to determine a user’s quarterly surcharge, if any. The standard laboratory procedures shall be those found in the latest edition of Standard Methods for the Examination of Water and Wastewater. The costs for these analyses shall be paid by the user. L. In the cases where the BOD, in the opinion ‘of the Township, does not represent the true character of the oxygen demand, the Township reserves the right to use chemical oxygen demand (COD) instead of BOD. M. Closing and inspection fees. (1) The fee for the closing of a sewer line or lateral to a building shall be as provided in § 79-9C of the Code of the Township of East Hanover. [Amended 8-17-1982 by Ord. No. 24-1982] (2) An inspection fee as provided in § 79-9C shall be paid by the applicant to the Sewer Department (in addition to any other costs or fees herein) at the time of installation of any new service lateral which is not presently connected to the existing sewer main lines, at the time of adoption of this amendment to Ordinance No. 18-1981. [Added 10-19-1982 by Ord. No. 111982] N. The fee for reopening any sewer line or lateral to a building shall be as provided in § 79-9C of the Code of the Township of East Hanover. [Amended 8-17-1982 by Ord. No. 24-1982] 0. Values and unit fee. [Amended 3-17-1983 by Ord. No. 7-1983; 12-29-1983 by Ord. No. 281983’°] (1) The values to be utilized in the use of the forrnulas as contained in Subsection J of the Code are as follows: Comeht = $140,000.00 ComPth = $145,000.00 SumS = $0.00 M = $45,000.00 UnitT = 553,000 Therefore, Comnet = $330,000.00 and C~1~ (2) = $0.60 The unit fee shall also be set forth in § 79-9C of the Code. Editor’s Note: This ordinance also provided that all rates and charges for sewer service for users serviced by the Parsippany — Troy Hills treatment plant shall be effective as of February i, 1984. § 159-110. Fees and escrow deposits. [Added 10-4-1984 by Ord No. 30-1984] A. There is hereby established, in connection with various applications for review and other matters which are the subjects of this chapter, a schedule of fees, which shall be paid by the applicant. Said schedule of fees is included in Chapter 79 of this Code. B. Escrow deposit fees. (1) In addition to all other fees and charges established herein, all applications pertaining to waivers from Special Condition No. 7 of the Phase 1 — Step 3 Grant and Special Condition No. 1’ of the Phase 2/3 Step 3 Grant, sewer extension permits and reviews of industrial sewer connections, shall be accompanied by a deposit of adequate funds to cover the cost of professional services in connection with the review of said application, including but not limited to shorthand reporting and transcripts; review, inspection and reports of the Township Engineer, the Planning Board Attorney, consulting engineers to the East Hanover Sanitary Sewer Project, Special Counsel to the East Hanover Sanitary Sewer Project, Township Attorney and any other professionals whose services are deemed necessary with respect to the processing of the application by the Township. (2) All moneys required under this section shall be deposited by the Township Clerk in the Township’s escrow account, and the Township Treasurer shall set up a ledger page in the name of the applicant. All disbursements to professional consultants or experts required to process said application shall be charged against the applicant’s escrow account. (3) The amount of the initial deposit to said escrow account, to be remitted at the time of the filing of the application, shall be as provided in § 79-9C(10). (4) Any of the aforesaid deposit remaining in the escrow account upon completion of the application procedure shall be returned to the applicant. (5) In the event that the funds in the escrow account should be depleted prior to completion of the application procedure and additional funds are needed to cover the cost of processing said application, the applicant shall deposit sufficient additional funds. In order to expedite the processing of an application by the Township, the Township Clerk shall notify the applicant immediately upon the depletion of funds in the escrow account or as, soon as an insufficiency of funds becomes evident or is expected. (6) The Township shall not process and/or take action on the application unless all fees and deposits required in the manner described above shall have been paid by the applicant. (7) All bills submitted to the Township by the stenographer , planning consultant , Township Attorney, Planning Board Attorney, the consulting engineer, Special Counsel to the East Hanover Sanitary Sewer Project or other professionals containing charges to be applied against an applicant’s escrow account established pursuant to this section shall specify the services performed in relation to individually identified applications for which the charges have been incurred. (8) Unit charges, i.e., per diem or hourly fees, inspection, expert testimony charges, levied by the stenographer, planning consultant, Township Attorney, Planning Board Attorney, Special Counsel to the East Hanover Sanitary Sewer Project, consulting engineer or other professionals for services rendered in connection with an application may not exceed those unit charges contracted for and/or approved by the Township agency for services by said professionals. (9) A monthly accounting of all funds to be withdrawn by the Township from the escrow account shall be submitted by the Township Clerk to the applicant at least 10 days prior to the withdrawal of said funds. Within said 10 days, the applicant shall have the opportunity to request, in writing, a hearing by the Township with respect to the reasonableness of the intended charges against the escrow account. In the event that the applicant requests such a hearing, no withdrawals shall be made from the escrow account until the Township shall have ruled on the appeal. If the Township finds in favor of the applicant, the withdrawal shall be adjusted accordingly. If no objection is filed within 10 days, the funds shall be withdrawn from the escrow account and transferred to the Township general funds. § 159-111. Liability of Township. Failure on the part of the Township or any user in any instance or under any circumstances to observe or fully perform any ‘obligation assumed by or imposed upon it by the foregoing article or by law shall not make the Township liable in damages to any user or relieve any user from making any payment to the Township or fully performing any other obligation required of it, but such user may have and pursue any and all other remedies provided by law for compelling performance by the Township of said obligation assumed by or imposed upon the Township. § 159-112. Effect of acceptance of wastes exceeding limits. Acceptance by the Township into the local system of sewage or other wastes in volume or at a rate or with characteristics exceeding or violating any limit or restriction provided for by or pursuant to this article in one or more instances or under one or more circumstances shall not constitute a waiver of such limit or restriction or of any of the provisions of this article and shall not in any way obligate the Township thereafter to accept or make provision for sewage or wastes delivered into the system in a volume or at a rate or with characteristics exceeding or violating any such limit or restriction in any other instance or under any other circumstance. § 159-113. Written consent. Whenever, under the terms of this article, the Township is authorized to give its written consent, the Township, in its discretion, may give or refuse such written consent and, if given, may restrict, limit or condition such consent in such manner as it shall deem advisable. § 159-114. Amendments and additional provisions. The Township reserves the right to amend this article or to adopt additional ordinances from time to time as it shall deem necessary for the operation, maintenance and protection of the local sewerage system, for meeting revised standards of influent or effluent quality of any regulatory agencies having jurisdiction in this regard, or for any other reason the Township deems is desirable or necessary for performing its functions. Any such amendments or additions shall become effective within 15 days of their issuance by the Township or as may specifically be required by any federal or state regulatory agency having jurisdiction. § 159-115. Construal of references. References herein to laws, regulations, forms and other official documents shall be deemed to include amendments or modifications hereinafter adopted or promulgated. § 159-116. Connection to sewer system upon availability; abandonment and filling of individual disposal facilities. A. At such time as a public or private sewer system becomes available to a property presently served by an individual sewage disposal system, a direct connection shall be made to the public or private sewer system in compliance with §~ 159-88 through 159-108 of this article, and any septic tanks, cesspools and similar waste facilities shall be abandoned and dismantled and filled with suitable material, under the direction of and subject to inspection by the East Hanover Sewer Department or such inspector as the Township shall appoint in accordance with the Class C permit requirements of § 159-102 of this article. B. To ensure compliance with the abandonment and filling of existing septic and waste facilities and to avoid health and safety hazards from underground pollution or danger from settlement of existing waste systems, the Class C permit requirement must be completed within 60 days of the acceptance of the sewer ‘ connection. In the event that the Class C permit requirements are not completed within 60 days of the acceptance of the connection to the sewerage system, the Township reserves the right to revoke the connection permit and discontinue sewer service to the facility upon 10 days’ notice by certified mail or personal service of notice to the user. C. Failure to comply with this provision after receipt of the ten-day notice shall subject the property owner to the civil penalties set forth in § 159-86F of this article, in addition to discontinuance of sewer service, and shall subject the user to payment of the charges set forth in § 159-109F, M and N of this article. § 159-117. Pumping of residential septic tanks. [Added 5-2-1985 by Ord. No. 8-19851 All residential septic tanks must be pumped by a hauler prior to the pumping of seepage pits as hereinafter set forth. All residential septic tank sewage must be transported to a sewerage treatment facility registered with the Solid Waste Ad-ministration, New Jersey Department of Environmental Protection. Any deviation from this procedure must be first approved by the Inspector. § 159-118. Pumping of residential seepage pits. [Added 5-2-1985 by Ord. No. 8-1985] A. The contents from residential seepage pits may be disposed of into the Township’s sanitary sewer system but only under the following conditions: (1) Any hauler who uses his truck to pump a residential seepage pit must first demonstrate to the Inspector that the truck which is pumping the residential seepage pit is empty. The procedure to be followed in determining whether the hauler’s truck is empty is as follows: (a) The discharge valve at the lowest point of the hauler’s truck is to be opened. (b) A large pail is to be placed at the valve to catch any effluent or water that may flow out of the hauler’s truck. (c) In the event that a limited amount, approximately 10 gallons, of sewage is remaining in the hauler’s truck, the discharge valve will be closed, and the hauler may pump that limited amount of sewage into the septic tank located on the premises where the pumping is taking place. Once the hauler’s truck is empty, the discharge valve at the lowest point of the truck again must be opened in order to demonstrate to the satisfaction of the Inspector that the truck is in fact empty. If no sewage flows from the hauler’s truck, then this will suffice that the truck is empty. (d) Upon completion of steps (a) and (c) above, the hauler may proceed to pump the contents of the residential seepage pit into its truck and then dispose of the residential seepage pit contents into a manhole designated by the Inspector. At no time will any residential seepage pit contents be disposed of into the Township’s sanitary sewer system unless an Inspector is present. The hauler will be permitted to pump more than one residential seepage pit by moving from one residence to another within a neighborhood and disposing-of the residential seepage pit contents into the Township’s sanitary sewer system in accordance with procedures set forth in this article. (2) Any homeowner who elects to pump residential seepage pit contents, by means of a centrifugal pump, must demonstrate to the Inspector that only residential seepage pit contents are being disposed of into the Township’s sanitary sewer system. This must be demonstrated by both physical observation and by presenting a copy of the bill from the hauler showing that the residential septic tank effluent was pumped by a hauler. The receipt must show the address of the property and total gallonage pumped. The Inspector will also compare this address against the monthly report from the hauler to ensure that the particular premises was actually pumped by the hauler. § 159-119. Pumping of nonresidential septic tanks and seepage pits. [Added 5-2-1985 by Ord. No. 8-1985] The contents of all nonresidential septic tanks and seepage pits must be pumped by a hauler and transported to a sewerage treatment facility registered with the Solid Waste Administration, New Jersey Department of Environmental Protection. § 159-120. Effect on other ordinances. No provision of this article is intended to negate any provision of any other Township ordinances as they may pertain to the installation of any sanitary sewerage facilities due to land subdivision or any other major construction project. § 159-121. Additional rules and regulations. The East Hanover Sewer Department, a Municipal Sewer Utility established by the Township of East Hanover by Ordinance No. 4-1979,h1 is empowered to adopt such further rules and regulations as will benefit the intent and purposes of this article and to collect and manage all sewer charges, rents or fees established by this article or any future amendment thereto. ARTICLE XIV (Reserved) § 159-122 through 159-149. (Reserved) Editor’s Note: See Ch. 5, Article VII, Municipal Sewer Utility. Part 3 Penalty Provisions [Adopted 5-17-1973 as part of Ch. 21 of the Revised Ordinances] ARTICLE XV Violations § 159-150. Violations and penalties. [Amended 8-21-1997 by Ord. No. 30-1997] A. Any person who violates any provision of this chapter or of any regulation promulgated there under shall be liable to a fine of not more than $1,000 or imprisonment for not more than 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. B. In addition to the penalties set forth in Subsection A above, any person who is found guilty of repeated violation of any water conservation measures implemented pursuant to § 159-33 shall be subject to termination of water service for the duration of the pendency of the water restrictions and shall be required to pay all reconnection fees upon restoration of service.