Explanatory Statement: This ordinance amends the enforcement provisions relating to sump pumps and improper discharges into the
Township sewer system.
ORDINANCE #2171
An Ordinance to Amend the Revised General Ordinances of the Township of Bernards, Chapter 13 “Sewer and
Water,” Section 13-2 “Improper Use or Construction of Sanitary Sewers”
BE IT ORDAINED, by the Township Committee of the Township of Bernards in the County of Somerset as
follows:
Section 1.
Section 13-2 entitled “Improper Use or Construction of Sanitary Sewers” of Chapter 13 entitled
“Sewer and Water” of the Revised General and Land Use Ordinances of the Township of Bernards is hereby
amended and revised to read as follows (new text is in double underline; deletions are in strikethrough):
SECTION 13-2
Improper Use or Construction of Sanitary Sewers
§ 13-2.1. Incorporation of Regulations.
The Township of Bernards Sewage Authority Rates, Rules and Regulations of 1984, as amended and
supplemented from time to time (referred to below as TBSA RRR 84), are hereby incorporated by reference in
this Section 13-2. A copy of the TBSA RRR 84, including all current amendments and supplements, shall be
maintained in the office of the Township Clerk and made available to the public for inspection and copying
during regular business hours. As used in this Section 13-2, "Authority" refers to the Township of Bernards
Sewerage Authority.
Editor’s Note: For the establishment of the Sewerage Authority, see Chapter II, Section 2-13.
13-2.2 Violation of Regulations.
It shall be unlawful for any person or entity to fail to correct a violation of any provision of the TBSA RRR 84
within 30 days after delivery to such person or entity of a written notice of violation from the Administrator or
Assistant Administrator of the Township of Bernards Sewerage Authority, except that committing or causing
the commission of a prohibited discharge as defined in TBSA RRR 84 or in Subsection 13-2.3 of this chapter
shall be an unlawful act at the time it occurs.
13-2.3 Prohibited Discharges.
It shall be unlawful for any person or entity to discharge or cause to be discharged any of the following
described waters or wastes into any sanitary sewer through either direct connection or non-point source
infiltration:
a. Any liquid or vapor having a temperature higher than 104°F (40°C);
b. Any water or waste which contains more than 100 parts per million, by weight, of fat, oil or grease or any
combination thereof;
c. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
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d. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, wood or any other solid or
viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper
operation of the sewage treatment plant of the Authority;
e. Any waters or waste having a pH lower than 5.0 or higher than 9.0 or having any other corrosive property
capable of causing damage or hazard to structures, equipment and personnel;
f. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere
with any sewage treatment process or sludge treatment and disposal method, or to constitute a hazard to
humans or animals, or to create any hazard in the receiving waters of the sewage treatment plant of the
Authority;
g. Any noxious or malodorous gas or substance capable of creating a public nuisance;
h.
1. Any substance from house connections which are connected with public garages or stables unless such
house connections shall be properly trapped under the floor, vented and protected by suitable gratings
and screens;
2. Any washings from vehicles of any type, except through a silt-basin of suitable size properly protected
by a grating and trapped, from which deposits shall have been removed as often as required by an
inspector of the Township of Bernards Sewerage Authority, and in any event in which the deposits have
not been permitted to accumulate
i.
1. Discharges from steam exhausts or blow-off from boilers or from steam heating plants, except that such
facilities may discharge into a tank of suitable size from which a trapped and vented overflow may lead
to the sewer;
2. Discharge or water from refrigeration, cooling system or air conditioning;
j.
1. Stormwater from any roof, footing drain, sump pump or any other area,
2. Subsoil water from the cellar, basement, or any other area whatsoever;
3. Discharge from any cesspool, septic tank or other individual sanitary disposal system;
k. Any waste deemed objectionable by the Authority, except where the Authority has expressly agreed to
accept the same into its system upon the user installing and using a specific treatment system satisfactory to
the Authority and the user has in fact installed and used such system;
l. Any wastes which will interfere with the operation or performance of the sewage treatment plant of the
Authority. Specifically, but without limitation, the following wastes are prohibited:
1. Any pollutant, including oxygen demanding pollutants, released in a discharge of such volume or
strength as to cause problems with the treatment process at the plant;
2. Heat in amounts which will inhibit biological activity in the treatment plant. In no case will heat be
added which will raise the temperature of the influent at the heat of the plant above 104° (40°C);
3. Any radioactive substance;
4. Any highly colored substance;
5. Any improperly shredded garbage;
m. Grease in violation of Article X (15), Prohibited Discharges, Grease Traps.
13-2.4 Prohibited Discharges Enforcement
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Township personnel may enter upon and inspect any premises in the Township of Bernards, at all reasonable
times, for the purpose of ascertaining the use made, the method of use and the quantity and quality of such use
into the sewer system. Inspection of premises by Township personnel may occur during inspections performed
for other work or permits unrelated to a prohibited discharge. Pertinent Information collected by Township
personnel shall be promptly provided to the TBSA. The TBSA or Engineering Services Department shall be
responsible for enforcement.
13-2.5 Penalties
In addition to the penalties provided in TBSA RRR 84 for violation of any provision of this chapter or of the
TBSA RRR 84, the maximum penalty, upon conviction, shall be a fine not exceeding $2,000, or imprisonment
for a period not exceeding 90 days, or a period of community service not exceeding 90 days, or any
combination thereof. Each day on which any waters or wastes are discharged in violation of Subsection 13-2.3f.
shall constitute a separate violation. The provisions of this chapter shall be enforced by the sewer plan
superintendent.
Section 2.
If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason,
held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance
and they shall remain in full force and effect, and to this end the provisions of this ordinance are hereby
declared severable.
Section 3.
All other ordinances in conflict or inconsistent with this ordinance are hereby repealed, to the
extent of such conflict or inconsistency. In the event of any inconsistencies between the provisions of this
Ordinance and any prior ordinance of the Township of Bernards, the provisions hereof shall be determined to
govern. All other parts, portions and provisions of the General and Land Use Ordinances of the Township of
Bernards are hereby ratified and confirmed, except where inconsistent with the terms hereof.
Section 4.
This ordinance shall take effect immediately upon adoption and publication in accordance with
the laws of the State of New Jersey.
TOWNSHIP OF BERNARDS
PUBLIC NOTICE
Ordinance #2171 was introduced and passed on first reading by the Township Committee of the Township of Bernards in the County of Somerset on
8/23/11 and then ordered to be published according to law. It will be further considered for final passage and adoption at a public hearing held at a
meeting of the Township Committee at the Municipal Building, 1 Collyer Lane, Basking Ridge, NJ in said township on 9/27/11, at 8 P.M., when and
where, or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning
said ordinance. A complete text of this ordinance is available in the Office of the Municipal Clerk, 1 Collyer Lane, Basking Ridge, NJ, from 8:30 A.M.
to 4:30 P.M., Monday through Friday. Copies are also available via e-mail from dszabo@bernards.org.
By Order of the Township Committee
Denise Szabo, Municipal Clerk
TOWNSIHP OF BERNARDS
PUBLIC NOTICE
Notice is hereby given that Bernards Township Ordinance #2171 was introduced and passed on first reading at a meeting of the Township Committee,
on 8/23/11, and was passed on final reading and adopted following a public hearing thereon at a regular meeting of the Governing Body of the
Township of Bernards on 9/27/11.
By Order of the Township Committee
Denise Szabo, Municipal Clerk
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