Borough of Milford, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Milford 9-9-1991 by Ord. No. 555-91. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 10.
Fire Department — See Ch. 12.
Personnel policies — See Ch. 28.

§ 42-1 Definitions.

Unless otherwise set forth herein or unless the context clearly requires a contrary meaning, the following terms shall be defined as follows:
BOROUGH
The Borough of Milford in the County of Hunterdon and State of New Jersey.
COMMISSIONER
The Commissioner of the Milford Borough Water Department, as established herein.
COUNCIL
The Common Council of the Borough of Milford.
DEP
The New Jersey Department of Environmental Protection.
DEPARTMENT
The Milford Borough Water Department, as established herein.
SUPERINTENDENT
The Superintendent of the Milford Borough Water Department, as established herein.

§ 42-2 Continuation of Department.

The Milford Borough Water Department, as the same exists on the date of the adoption of this chapter, together with all additions, accretions and replacements, is hereby continued and shall perform all of the duties and exercise all of the powers set forth in this chapter or as may, from time to time, be delegated to it.

§ 42-3 Duties.

The Department, as herein constituted, is charged with the duty of providing an adequate supply of potable water to the Borough and its inhabitants, as well as to those persons residing or located without the Borough who, by contract or otherwise, receive water service from the Department, and to the fire hydrants within the Borough. In fulfilling this duty, the Department shall be responsible for:
A. 
The individual meters and structures.
B. 
The maintenance and repair of all wells, reservoirs and pumps feeding said mains and lines.
C. 
The location of and siting of new wells, reservoirs and water sources as needed.
D. 
The installation, maintenance and repair of all purification and chlorination systems.
E. 
The storage and maintenance of equipment, parts and the like required for the operation of the system.
F. 
The making, keeping and maintaining of all records necessary to the monitoring of the system as required by the DEP and otherwise.
G. 
The making, keeping and maintaining of billing records, the reading of water meters and the processing and collecting of moneys for water usage from the customers of the system.
H. 
Without limitation, the doing of any and all acts necessary or desirable to ensure the functioning of the water supply system, with such other duties as may be, from time to time, assigned to the Department by the Council.

§ 42-4 Organization.

The Borough Water Department shall consist of a Commissioner, a Superintendent and such additional or alternate employees of the Borough as may, from time to time, be assigned to the Department by the Council and the Commissioner.

§ 42-5 Water Commissioner.

The Water Commissioner shall be that member of the Council as may be assigned from time to time by the Mayor and Common Council. The Commissioner shall act as a liaison between the Council and the Department, shall report to the Council from time to time as to the status and needs of the Department and shall transmit the directives of the Council to the Department and oversee the Superintendent and employees to ensure that the work of the Department is carried out thoroughly, safely and efficiently and in full compliance with all requirements of law.

§ 42-6 Water Superintendent.

A. 
The Water Superintendent shall be the operation head of the Water Department. He shall be appointed by the Council for a term of one year and shall be eligible for indefinite reappointment. Prior to his appointment, he shall possess all licenses required by the DEP for such a position and shall additionally satisfy any and all criteria established by the Common Council.
B. 
The Water Superintendent shall:
(1) 
Prepare and submit a monthly Superintendent's report to the Commissioner, Mayor and Council, including the following: the total volume of water produced from each well or other water source and the total production for the system; the amount of chlorine or other chemicals used; the details and cost of any and all repairs made; and comments or recommendations.
(2) 
Prepare and submit operators' reports required by the DEP or other regulatory agencies.
(3) 
Arrange for all sampling and laboratory work required by the DEP or other regulatory agencies.
(4) 
Be present at all scheduled inspections by the DEP or other regulatory agencies.
(5) 
Respond to emergencies in a supervisory capacity.
(6) 
Prepare and assist in the promulgation of the Department budget.
(7) 
Arrange for utility stakeout of water system facilities when requested by others prior to excavation within the Borough's streets or rights-of-way.
(8) 
Be responsible for general operations, preventative maintenance and the monitoring and storage of supplies and spare parts for the system and the Department.
(9) 
Participate in continuing education as required by the DEP or other regulatory agencies or by the Commissioner or the Common Council.
(10) 
Generally, and without limitation, do any and all acts which may be necessary or desirable to the efficient, safe and thorough operation of the Department, as well as such acts as may be assigned to him by the Commissioner or the Council.
C. 
The Water Superintendent shall be paid a salary as may be, from time to time, fixed and determined by the Borough's Salary Ordinance. He shall, at all times, be deemed to be a professional employee of the Borough and shall annually execute a contract with the Borough incorporating the requirements of this subsection, as well as such other matters as may be agreed upon.

§ 42-7 Clerical duties; labor duties.

A. 
Clerical duties for the Department, including billing and the collection of funds, shall be performed by such person or persons as may be designated by the Council to perform such duties. The person or persons so designated shall, on a quarterly basis, report to the Commissioner on the amount of water usage billed, the amounts collected and the amounts remaining unpaid.
B. 
Labor duties, including the reading of meters for the Department, shall be performed by such person or persons employed by the Borough for general maintenance or labor purposes as may be designated by the Council or the Commissioner. When so designated and functioning as such, such person or persons shall be responsible to the Superintendent and Commissioner.

§ 42-8 Professional services.

The Water Department shall have access to the services of the Borough Engineer, Attorney and Auditor as needed, upon the approval of the Commissioner and Council.

§ 42-9 Compensation.

Except as to the Water Superintendent, all employees of the Department shall be paid the wages or salary which they would receive as employees of the Borough, without additional compensation for their assignment to the Department.

§ 42-10 Application for connection; fees.

A. 
Any person desiring to connect with the water mains of the Borough shall make a written application to the Department. Connections shall be made by the Department at its earliest convenience following the receipt of a completed application and the appropriate fee.
B. 
For purposes of this section, a connection shall be deemed to include the physical tapping of the water main and the installation of a connection, the installation of a connector line from the main to and through the curbline and the installation of a curb stop and the supply and inspection of a water meter for installation by the applicant. All other aspects of the connection shall be the responsibility of and at the expense of the applicant.
C. 
The fee charged for connecting with the water mains shall be as prescribed in Chapter 10, Fees, of this Code.
[Amended 2-22-1993 by Ord. No. 573-93; 2-2-2004 by Ord. No. 686-2004; 12-19-2005 by Ord. No. 712-2005[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 42-11 Waterline leaks.

[Added 5-2-2011 by Ord. No. 773-2011]
A. 
Notice. In the event of a leak to a waterline, the Milford Borough Water Department (the "Department") shall notify the property owner ("owner") and/or user of the property by the following methods:
(1) 
By personally delivering written notice of said leak to the property owner and/or user of the waterline.
(2) 
By affixing the written notice of said leak to a prominent/conspicuous location at the property.
(3) 
In the event that the Department utilizes Subsection A(2) for the purpose of providing notice, the Department shall also notify the owner by regular and certified, return receipt requested, United States Mail of the aforesaid leak.
B. 
Repairs by owner/user. In the event that the Department utilizes Subsection A(2) for notification purposes, the Department shall permit the owner and/or user seven days from the date upon which notice was provided in order to make any necessary repairs to the waterline. The seven-day period shall commence upon the day following the date upon which said written notice was affixed to the property or the date upon which the written notice was mailed pursuant to Subsection A(3), whichever is earlier.
C. 
Termination of water service. In the event that the owner and/or user fails to repair the leak(s) to the waterline within seven days from the date upon which notice was provided, the Department shall suspend all water service until such time as repairs are made.
D. 
Reconnection rates. The Department shall not return water service to the property until such time as a fee as prescribed in Chapter 10, Fees, of this Code has been paid for the reconnection of water services during normal business hours (7:00 a.m. to 3:30 p.m.), Monday through Friday, excluding holidays, or for the resumption of water services during nonbusiness hours.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
Responsibility. For purposes of this section, owners shall be responsible for the waterlines from the Borough's right-of-way line of the street or the curb stop, whichever is nearest to the water main in the street. In the event of multiple curb stops, the curb stop closest to the road's right-of-way near the water main will be the extent of the Borough's responsibility.

§ 42-12 Charges and rates.

[Amended 12-2-1991 by Ord. No. 558-91]
The following charges, rentals and rates are hereby fixed to be charged to all customers, both private and municipal:
A. 
Water usage rates. Where the Milford Borough Water Department has installed meters for determining the level of water usage by the customers of the Milford Borough Water Department, the water usage rates as prescribed in Chapter 10, Fees, of this Code shall apply.
[Amended 2-22-1993 by Ord. No. 574-93; 5-15-1995 by Ord. No. 560-95; 2-5-2007 by Ord. No. 727-2007; 11-7-2011 by Ord. No. 783-2011[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Multiple uses.
(1) 
For purposes of this subsection, the following terms shall have the following meanings, unless a contrary meaning is stated or clearly implied:
SEPARATE AND DISCRETE USE
Any occupancy of a structure, whether for residential, commercial or industrial purposes, which is separate and distinct from any other occupancy or use in such structure.
USER
Any structure connected to the Milford Borough water supply system by a single waterline and meter, irrespective of the number of separate and discrete uses therein.
(2) 
Notwithstanding anything contained in Subsection A of this section, in any user containing two or more separate and discrete uses, as herein set forth, the owner of such user shall be charged the rate set forth in § 10-7C(1) of this Code for each such separate and discrete use, without regard to the actual gallonage of water used by each such use or the user as a whole. Thereafter, the rates charged for usage of water in excess of the base rate as set forth in § 10-7C(2) of this Code shall not be charged to a user until his use exceeds the base gallonage established in § 10-7C(2) of this Code multiplied by the number of separate and discrete uses in the user, and the rates charged for usage of water in excess of the rate set forth in § 10-7C(3) of this Code shall not be charged to a user until his use exceeds the gallonage established in § 10-7C(3) of this Code multiplied by the number of separate and discrete uses in the user.
(3) 
The provisions of this section shall not apply to any separate and discrete use which is separately connected to the Milford Borough water supply system with its own separate meter; such uses shall be billed as provided in Subsection A of this section.
(4) 
The Water Department shall have the power to inspect any user to determine whether or not there is present therein a separate and discrete use, as defined herein. A failure to permit or otherwise cooperate with such inspection shall subject the owner of such user to a billing based upon an estimation of the presence of such use. The Joint Land Use Board, Zoning Officer and Building Office shall advise the Water Department of any permit issued by them or any of them which creates or continues a separate and discrete use in any user.
C. 
Fire rates. The fire rates shall be as prescribed in Chapter 10, Fees, of this Code.
[Amended 5-1-1995 by Ord. No. 599-95[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 42-13 Quarterly fee.

[Added 5-1-1995 by Ord. No. 598-95; amended 2-21-2006 by Ord. No. 714-2006]
A. 
Purpose; applicability.
(1) 
The purpose of this section is to provide a set fixed quarterly fee for the provision of water to customers of the Milford Borough Water Department.
(2) 
Applicability.
(a) 
The quarterly fee established herein is applicable to all customers of the Milford Borough Water Department, including but not limited to industrial, commercial, residential or governmental users, unless specifically exempted by other applicable provisions of the Borough of Milford.
(b) 
The fee established herein is a fixed fee that shall be charged in addition to the per-gallon usage rates in § 42-12.
B. 
Establishment of fee and due date for payment.
(1) 
The following fixed fee is established for the provision of water service to all customers of the Milford Borough Water Department: All customers of the Milford Borough Water Department will be charged a fee as prescribed in Chapter 10, Fees, of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(2) 
The fixed fee established herein is due upon billing and must be paid with the quarterly water service bill. Failure to pay the same when due will constitute cause for termination of water service.

§ 42-14 Collection of water charges.

[Amended 11-20-1995 by Ord. No. 601-95; 2-21-2006 by Ord. No. 714-2006]
Collection of all water charges shall be due and payable quarterly on the first day of March, June, September and December.

§ 42-15 Charges for delinquent payments.

[Added 2-21-2006 by Ord. No. 714-2006]
In the event of nonpayment of water charges, said delinquent charges shall bear interest at the rate of 8% per annum from the date the same become due and payable; provided, however, that no interest shall be due and payable if payment in full is made within 30 days of the date upon which it is due. All charges shall become a lien upon real estate, and the Borough shall collect the same, together with interest, costs and penalties, in the same manner as is used in the collection of taxes upon real estate.

§ 42-16 Disconnection of water supply for delinquent water payments.

[Added 2-21-2006 by Ord. No. 714-2006[1]]
The Department may shut off or disconnect the water supply of customers of the Milford Borough Water Department who are delinquent in the payment of water charges. In the event that the valve or curb stop has been shut off for nonpayment of charges, the same shall not be opened and service restored until all delinquent charges, together with interest, shall have been paid, together with a reconnection charge as prescribed in Chapter 10, Fees, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 42-17 Violations and penalties.

No person, except an authorized employee of the Department, shall turn any valves or curb stops connecting a user to the water mains. Any person violating the provisions of this section shall be subject, upon conviction, to a fine of not more than $1,000 or imprisonment in the Hunterdon County Jail for a period of not more than 90 days, or both.

§ 42-18 Rules and regulations.

The Council may, from time to time, by resolution, provide for the adoption of such rules and regulations as may seem necessary and desirable for the proper regulation of the Department, which rules and regulations shall, upon adoption, be binding upon the Department and all employees thereof or assigned thereto.

§ 42-19 Charge for reconnection of water service.

[Added 2-21-2006 by Ord. No. 714-2006[1]]
Any property owner who has previously terminated Borough water service for any reason, other than the Borough's disconnection of water service for a customer's failure to timely pay water charges pursuant to §§ 42-15 and 42-16, and who seeks to have said water service reconnected shall pay a reconnection fee as prescribed in Chapter 10, Fees, of this Code to the Borough, plus labor costs for Milford Borough employees, and equipment costs, if required, which shall each be charged in accordance with § 3-49 of the Milford Borough Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).