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Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 11-5-1979 as §§ 23-10 to 23-14 and 23-16 of the 1979 Revised General Ordinances]
[Amended by Ord. No. 12-1989; Ord. No. 20-1994; 12-21-2009 by Ord. No. 36-2009; 12-15-2014 by Ord. No. 28-2014; 8-9-2021 by Ord. No. 26-2021]
A. 
The owner of each and every residential dwelling unit located on a street served by a Township sanitary sewer line shall pay to the Township a minimum sewer rental of $12 per quarter from the date said sewer line becomes available for service regardless of whether or not said residential dwelling unit is connected to said sewer line. If a residential dwelling unit is constructed on a street already served by a Township sanitary sewer line, the owner shall pay to the Township this minimum sewer rental from the date that the occupancy permit for that structure is issued.
B. 
The owner of each and every structure other than a residential dwelling unit located on a street served by a Township sanitary sewer line shall pay to the Township a minimum sewer rental of $18 per quarter, from the date said sewer line becomes available for service regardless of whether or not said structure is connected to said sewer line. If a structure other than a residential dwelling unit is constructed on a street already served by a Township sanitary sewer line, the owner shall pay to the Township this minimum sewer rental from the date that the occupancy permit for that structure is issued.
[Amended by Ord. No. 28-1980; Ord. No. 19-1981; Ord. No. 1-1983; Ord. No. 3-1987; Ord. No. 12-1989; Ord. No. 12-1990; Ord. No. 20-1994; 12-21-2009 by Ord. No. 36-2009; 12-15-2014 by Ord. No. 28-2014; 8-9-2021 by Ord. No. 26-2021]
A. 
The minimum sewer rental for each residential dwelling unit shall be due and payable quarterly on the same dates as are the bills of the Township Water and Sewer Division for the corresponding geographical district. Where the quarterly billing does not embrace a full quarter, the owner shall be billed for the minimum rental at the rate of $0.15 per day, but not to exceed $12 for the portion of the quarter during which sewer rental was due.
B. 
The minimum fees for each and every structure other than a residential dwelling shall be due and payable in quarter-annual installments on the same date as are the bills of the Township Water and Sewer Division for the corresponding geographical district. Where the quarterly billing does not embrace a full quarter, the owner shall be billed for the minimum rental at the rate of $0.20 per day, but not to exceed $18 for the portion of the quarter during which sewer rental was due.
[Amended by Ord. No. 28-1980; Ord. No. 19-1981; Ord. No. 1-1983; Ord. No. 3-1987; Ord. No. 12-1989; Ord. No. 12-1990; Ord. No. 20-1994]
A. 
In addition to the above minimum sewer fees, the owner of each and every residential dwelling unit or other structure or lot connected with the sanitary sewerage works shall pay to the Township an additional rental based on the amount of water used therein, which amount of water shall be deemed to constitute the volume of sewage that any given dwelling unit or structure delivers to the sanitary sewerage works. This additional rental shall be as follows, based on metered water consumption:
[Amended 5-21-2007 by Ord. No. 14-2007; 12-21-2009 by Ord. No. 36-2009; 12-15-2014 by Ord. No. 28-2014; 8-9-2021 by Ord. No. 26-2021]
Metered Water Consumption
Charge
1 to 500 cubic feet
$11.35
Per 100 cubic feet:
Residential dwelling unit
$2.85
All users other than residential dwelling units
$4.50
B. 
No allowance shall be made for water which is metered but which does not enter the sanitary sewer system, unless the owner installs and maintains, at his expense, a meter approved by the Township to measure the water so diverted from the sewer lines.
C. 
In case of business or industry, where water is lost by evaporation, the Superintendent-Water Engineer, with the approval of the Council, may make a proper allowance for such evaporation.
D. 
Where sprinkler systems are maintained, a proper credit shall be given for water contained or passing through such sprinkler system, which water does not reach a sanitary sewer line.
E. 
Any owner may install and maintain, at his expense, a sewage flow meter, approved by the Superintendent-Water Engineer, to measure the flow into the sewer lines. Where such a sewage flow meter is maintained, the owner shall be billed upon the actual readings of such meters, at the same rate per 100 cubic feet as above, plus the same minimum.
F. 
In any specific case not contemplated in the above schedule of rates or not clearly defined herein or where the type of waste will place an extraordinary burden on thee sewerage facilities either because of its quantity or quality, the Township Council is hereby authorized, by contract or otherwise, to establish a specific rate of rental as may be necessary.
A. 
The owner of any building or lot within the Township shall be liable to the Township for the payment of rent, together with interest and penalties as fixed hereinafter.
B. 
The rent for the use of the Township's sanitary sewerage works as hereinafter fixed, and all other costs and expenses, interest and penalties, shall be and remain a lien upon said building or lot until fully paid and satisfied.
C. 
If prompt payment of the rent fixed by this article or charges for work done and materials furnished in connection therewith shall not be made when due and shall remain in arrears for six months, the officer or board charged with the duty of the collection thereof shall file with the officer charged with the duty of the collection of tax arrears a statement showing such arrears which shall be collected and enforced in the same manner as liens for taxes.
D. 
Charges for connection with and use of sanitary sewers shall draw the same interest from the time they become due and at the same rate as taxes upon real estate in the Township, and the Township shall have the same remedies for the collection thereof, with interest, costs and penalties, as it has by law for collection of taxes upon real estate, and, in addition, the Township shall have the right to sue for and collect, in a court of appropriate jurisdiction, any such sums.
[Amended by Ord. No. 6-1987; Ord. No. 25-1992]
If the amount of any such bill shall not have been paid within 30 days, there shall be a late fee charged in the amount of 8% per annum simple interest, together with all other applicable fees and charges.
All moneys derived from the rentals provided under this article shall be included in the annual budget under miscellaneous revenues anticipated as sewage treatment plant income. At such time as the income is deemed by the Township Council sufficient to equal or exceed the expense of operating and maintaining the treatment plant and of carrying the debt applicable to the same, the Township Council, by proper resolution, may declare the treatment plant to be a publicly owned and operated utility of the Township within the meaning of the Local Bond Law (N.J.S.A. 40A:2-1 et seq.) and the Local Budget Law (N.J.S.A. 40A:4-1 et seq.) and other provisions of the law applicable thereto.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.