[Adopted 9-25-1984 by Ord. No. 17-84]
As used in this article, the meanings of the
following terms shall be as follows:
The Bergen County Utility Authority.
Any commercial, nongovernmental user whose water consumption
or use in any one calendar year shall be in excess of 100,000 gallons.
Any user located outside of the boundary lines of the Borough
of Maywood who is connected to the Maywood trunkline and who discharges
wastewater into said trunkline, except that any contract user meeting
the definition of a "significant industrial user" shall be deemed
a "significant industrial user."
Any user who owns real property within the Borough of Maywood
which is exempt from real property taxation.
Any nongovernmental industrial user whose water consumption
or use in any one calendar year exceeds 100,000 gallons.
Any commercial or industrial user whose flow exceeds 25,000
gallons per day, or its equivalent, of sanitary wastewater as defined
and measured pursuant to the rules and regulations adopted by the
Authority.
Any person, corporation, individual, society, firm or other
entity or association who is the owner of real property which is directly
or indirectly connected into the wastewater system of the Borough.
Includes all water used by a user, whether from a public
water supply or from a private well.
A.
No person shall discharge or allow to be discharged
any waste or wastewater into the Borough wastewater system except
as provided and allowed by the rules and regulations of the Authority,
copies of which are on file in the office of the Borough Clerk and
which can be obtained from the Authority.
B.
Except as otherwise provided herein, the Borough of
Maywood hereby adopts and enacts the rules and regulations of the
Authority and the user charge system and industrial cost recovery
system contained in said rules and regulations. The installation,
operation and use of all sanitary sewers and wastewater systems within
the Borough of Maywood shall be in compliance with said rules and
regulations.
[Amended 12-29-1987 by Ord. No. 15-87; 4-20-2006 by Ord. No.
04-06]
Users of the Borough wastewater system shall
pay the following charges:
A.
Significant industrial users: Significant industrial
users shall pay an annual charge to the Borough which is calculated
in accordance with Authority requirements, standards and criteria
for said users, based on flow, suspended solids and BOD, together
with a percentage of the Borough's annual cost for the operation,
construction, repair and maintenance of the Borough wastewater system,
including engineering costs, bond principal and interest and administration
expenses, said percentage to be derived by dividing the total annual
water use of the significant industrial user within the Borough of
Maywood, less a credit of 100,000 gallons, by the total annual water
use of all users within the Borough, excluding municipally owned facilities.
(1)
Each significant industrial user shall furnish the
Borough of Maywood with its total annual water consumption, both metered
and unmetered, for the preceding calendar year on or before March
1 of each year.
(2)
In the event of the failure of any significant industrial
user to provide the information required above or in the event that
the information provided is less than the total annual water consumption
computed or estimated by the Borough of Maywood for such significant
industrial user, the Borough of Maywood shall notify the significant
industrial user of the intent of the Borough of Maywood to utilize
the total annual consumption computed or estimated by the Borough
of Maywood in calculating the sewer user charge for such significant
industrial user. In computing or estimating said annual consumption,
the Borough may measure the flow into the sewer system, compute water
consumption using Hackensack Water Company statistics, estimate well
water consumption, utilize estimates prepared by the Authority or
such other method designed to accurately compute or estimate said
annual consumption. Should the significant industrial user contest
the amount so computed or calculated by the Borough of Maywood, it
may appeal the decision of the Borough to the appropriate court of
law in accordance with the rules governing such court.
B.
Commercial users and industrial users: Commercial
users and industrial users shall pay an annual charge computed by
dividing the total annual water usage of such commercial user or industrial
user, less a credit of 100,000 gallons, by the total annual water
usage within the Borough of Maywood, excluding municipally owned facilities,
and by multiplying the figure thus computed by the sum of the total
annual charge to the Borough of Maywood with respect to the treatment
of wastewater as calculated by the Bergen County Utilities Authority
and the total annual cost to the Borough of Maywood for the operation,
construction, repair and maintenance of the Borough's sewer system,
including engineering costs, bond principal and interest and administration
expenses.
(1)
Each commercial user and industrial user shall furnish
the Borough of Maywood with its total annual water consumption, both
metered and unmetered, for the preceding calendar year on or before
March 1 of each year.
(2)
In the event of the failure of any commercial user
or industrial user to provide the information required above or in
the event that the information provided is less than the total water
consumption computed or estimated by the Borough of Maywood for such
commercial user or industrial user, the Borough of Maywood shall notify
the exempt user of the intent of the Borough of Maywood to utilize
the total annual consumption computed or estimated by the Borough
of Maywood in calculating the user charge for such commercial user
or industrial user. In computing or estimating said annual consumption,
the Borough may measure the flow into the sewer system, compute water
consumption using Hackensack Water Company statistics, estimate well
water consumption, utilize estimates prepared by the Authority or
such other method designed to accurately compute or estimate said
annual consumption. Should the commercial user or industrial user
contest the amount so computed or calculated by the Borough of Maywood,
it may appeal the decision of the Borough to the appropriate court
of law in accordance with the rules governing such court.
C.
Contract users: Contract users shall pay an annual charge to the Borough which is determined in accordance with the terms and provisions of the contract between the Borough and said contract user. Upon the termination of any individual contract, said contract user shall be required to pay a minimum annual charge as set forth in Chapter 169, Fees, or an annual charge computed for each such contract user in accordance with the formula specified for commercial and industrial users.
D.
Other users: All other users other than exempt users
shall be required to pay an annual pro rata charge computed on an
ad valorem basis in relation to the assessed value of real property
owned by the user within the Borough of Maywood. Said charge shall
be based upon a sum represented by the total annual charge to the
Borough of Maywood by the Authority for wastewater discharge, together
with the total annual cost to the Borough of Maywood for the operation,
construction, repair and maintenance of the Borough wastewater system,
including engineering costs, bond principal and interest and administration
expenses, less the total of all charges paid to the Borough by significant
industrial users, commercial users, industrial users and contract
users for wastewater discharge. Annual charges payable by said other
users shall be paid in equal quarterly installments on the first days
of February, May, August and November of the year respecting which
the charges are imposed in the same manner and to the same Borough
official to whom real property taxes are paid.
A.
Any significant industrial user, commercial user or
industrial user who is the owner of real property within the Borough
of Maywood on which there is situate a privately owned water well
and any contract user who is the owner of property on which there
is situate a privately owned water well shall install and maintain
a water meter on each well to enable said user to furnish the Borough
with accurate figures as to water use. Such water meter shall be of
a type and design approved by the Borough Engineer and shall be installed
by the user at the user's cost and expense within 30 days after the
date of this article.
B.
The Borough may also request any user who is the owner
of real property within the Borough on which there is situate a privately
owned water well to install a water meter on said well.
C.
Calculations under this article shall include water
utilized by a user from public water systems as well as private wells.
The Borough reserves the right to require any
user to install a wastewater meter of a type approved by and acceptable
to the Authority and to the Borough at the user's cost and expense.
A.
All charges, other than those computed on the ad valorem
basis, shall be payable to the Borough of Maywood and shall be and
remain a lien upon the real property owned by any user. The Borough
shall have the same remedies for the collection thereof, with interest,
costs and penalties, as it has by law for the collection of real property
taxes.
B.
All charges shall be due and payable semiannually
on the first of May and the first of November of each year. Payments
shall be made to the Borough Tax Collector.
C.
In the event that any user fails to pay any charge
for a period of 30 days from the date said charge was to be paid,
the deposit of wastewater by said user shall be discontinued.
Any violation of this article shall, upon conviction
thereof, be punished by a fine not to exceed $1,000 or by imprisonment
in the Bergen County Jail for a period not to exceed 90 days, or by
both fine and imprisonment, for each violation of the provisions of
this article. Each day the article is violated shall be deemed and
taken to be a separate violation.
The within article shall not be deemed to interfere
with any existing contractual arrangements between the Borough of
Maywood and any individual user.
