[Adopted 11-26-1997 by Ord. No. 97-22]
The governing body finds that by virtue of the age of the sanitary
sewerage infrastructure within the Borough there has been and continues
to be a problem with surface and subsurface water invading the system.
This inflow and infiltration water increases the average daily flow
generated by the Borough which, in many cases, causes the Borough
to exceed its flow rights resulting in sanctions imposed on the Borough
by the Rahway Valley Sewerage Authority. The purpose of this article
is to establish a remediation program to address the problem of inflow
and infiltration in an attempt to reduce the costs of sanitary sewage
disposal to the residents of the Borough.
There is hereby established an Inflow/Infiltration Remediation
Program in the Borough of Kenilworth. The program shall be ongoing
and continuous in nature and shall be administered by the Borough
Engineer. The governing body, with the advice and assistance of the
Borough Engineer, shall develop a five-year capital improvement project
schedule which shall identify and prioritize those areas of the sanitary
sewer system most urgently in need of repair. On or before September
of each year, the Borough Engineer shall update the list with any
new areas in need of repair.
A.
Each property owner, agent or applicant seeking to obtain an appropriate
local endorsement or CP-1 approval from the Rahway Valley Sewerage
Authority (RVSA) for new construction of a nonresidential facility
shall, in addition to any fee payable to the RVSA, be subject to payment
of a remediation charge of $5 for each gallon of flow per day anticipated
to be generated by the proposed new connection. The calculations of
such flow shall be made by the Borough Engineer using projected water
usage and design flow estimates as established, from time to time,
by the New Jersey Department of Environmental Protection (NJDEP).
B.
Payment of the remediation fee as required by this section shall
be made at the time the fee for the local endorsement or CP-1 approval
is paid.
A.
Each property owner, agent or applicant seeking to obtain a plumbing permit to perform work on an existing facility which will have the net effect of increasing the daily flow of such facility into the sanitary sewer system shall pay a fee for such increase. The per gallon fee and method of calculation shall be the same as that used in § 158-27 of this article.
B.
The payment of the fee provided for in this section shall be in addition
to any other fees required to be paid for permits or other approvals,
and shall be collected prior to and as a condition of the issuance
of a permit.
The Borough Chief Financial Officer is hereby authorized and directed to establish an interest-bearing escrow account to be designated "Borough of Kenilworth Inflow/Infiltration Remediation Account." All fees received by the Borough pursuant to § 158-27 of this article shall be deposited in said account and shall be dedicated to and, together with all accrued interest earned thereon, be used solely and exclusively to perform corrective inflow/infiltration work on the projects identified in § 158-26 of this article.
If any provision of this article shall be determined to be invalid
by any court of competent jurisdiction, such judgment shall not affect,
impair or invalidate the remainder but shall be confined in its operation
to the provisions directly involved.
