There is hereby established a sewer connection fee which shall be imposed upon the owner or system user so connected, which fee shall be due and payable as a condition precedent to the issuance by the Borough of the sewer connection permit required by § 70-9B.
The sewer connection fee shall be established annually, after public hearing, in the manner provided by N.J.S.A. 40A:26A-11, as amended or supplemented.
There is hereby established a sewer service charge system for the use, operation, maintenance and replacement of the municipal wastewater treatment plant and collection system of the Borough of Washington to be imposed upon each user at the rates established annually by resolution.
The Mayor and Council shall review, not less often than annually, the total cost of debt service and operation and maintenance costs of the system to establish an annual sewer service charge for use and service of the system. In order to establish the sewer service charge, the Mayor and Council shall review the charges for users or user classes and establish, by resolution, the following:
Rates for use and services of the system which shall be uniform and equitable for the same types and classes of use and services and may be based on any factors the Mayor and Council shall deem equitable for the region of the system served.
In fixing rates, the Mayor and Council shall establish a rate structure that allows, within the limits of any lawful covenants made with bond holders, the Borough to:
Recover all costs of acquisition, construction or operation, including the costs of raw materials, administration, real or personal property, maintenance, taxes, debt services charges, fees and an amount equal to any operating budget deficit occurring in the immediately preceding fiscal year.
Establish a surplus in an amount sufficient to provide for the reasonable anticipation of any contingency that may affect the operating of the system and, at the discretion of the Borough, allow for the transfer of moneys from the budget for the system to the local budget in accordance with N.J.S.A. 40A:4-35.1.
The owner of each property connected to the system shall pay to the Borough an annual sewer service charge. The annual sewer service charge shall be based on the average quantity of discharge from a typical residential dwelling unit, which is defined herein as an "equivalent dwelling unit" (EDU). The average daily quantity of discharge for an EDU has been established as 170 gallons. This quantity shall be subject to review from time to time and may be adjusted with the approval of the Mayor and Council. The allocation of EDUs for different types and classes of use shall be as set forth herein.
One EDU shall be assigned to each single-family home, each unit of a multifamily home, and each individual apartment, mobile home, trailer and rental unit.
Equivalent dwelling units for industrial users shall be based upon actual water use divided by 170 gallons per day (GPD), rounded up to the next 1/2 EDU. In cases where actual wastewater flow is metered by an industrial user, EDUs shall be based upon actual wastewater discharged divided by 170 GPD rounded up to the next 1/2 EDU.
Equivalent dwelling units for institutional users shall be based upon actual water use divided by 170 GPD, rounded up to the next 1/2 EDU.
Equivalent dwelling units for commercial users shall be based upon actual water use divided by 170 GPD, rounded up to the next 1/2 EDU.
For mixed-use properties, a minimum of one EDU shall be assigned for each residential dwelling unit and a minimum of 1/2 EDU shall be assigned for each commercial user. If actual water use results in an EDU calculation greater than the minimum, the higher figure shall be utilized.
For industrial, commercial and institutional users, a minimum 1/2 EDU shall be utilized. No EDUs shall be assigned for facilities that do not have a sewer connection.
For each industrial, commercial, institutional and mixed-use property, the Borough shall establish the number of EDUs based upon actual water use or estimates of wastewater flow when water use data is not available. Once established for each property, the Borough will continue to utilize the assigned number of EDUs for each property until such time as water use data is once again analyzed by the Borough to update the assigned EDU numbers. The Borough shall review and recalculate EDU assignments not less often than once every five years. For industrial facilities that have approved wastewater flow meters installed, the number of EDUs shall be based on actual wastewater flow discharged computed on an annual basis at the time rates are established, using the most recent 12 months of available data.
For new industrial, commercial, institutional and mixed-use properties, the Borough will establish the number of EDUs based upon an estimate of projected water use which may be adjusted by the Borough after actual water use data becomes available.
If the Borough determines that there is a substantial increase in water use for an industrial, commercial, institutional or mixed-use customer, it reserves the right to recalculate and reassign the number of EDUs for such user after notice and hearing.
For users that have reserved a specific capacity in the system, a reserve capacity charge shall be computed on an annual basis at the time rates are established. The reserve capacity charge shall be based upon system debt service and the unused amount of reserve capacity computed utilizing the most recent 12 months of available data. The reserve capacity charge will be adjusted on an annual basis to account for both changes in estimated sewage flow and changes in system debt service.
Current users not located in the Borough will be billed in accordance with the rates established in this chapter unless bulk sale contracts are hereinafter negotiated with adjoining public entities. Future users not located in the Borough will be billed in accordance with bulk sale contracts which will hereinafter be negotiated with adjoining public entities.
The owner of every dwelling, house, tenement, building, factory or lot within the Borough shall be liable to the Borough of Washington for the payment of a sewer service charge for the use of the system by the owner or system users for the use or occupancy of any dwelling, house, tenement, building, factory or lot, together with interest and penalties, as established by this chapter, it is the intention of the Borough that all owners, specifically including by way of illustration and not by way of limitation, persons, corporations, private entities, schools, governmental entities and tax exempt institutions and organizations, be liable for sewer service charges herein established. The failure of a system user to pay any costs or charges provided for in this chapter shall not excuse the owner for liability therefor, even if the system user is billed separately from the owner.
Payment of charges for connection to or use of the system shall be made to the Borough of Washington Municipal Sewer Utility or its duly authorized agent.
In the event that any check tendered for the payment of municipal sewer charges is returned to the BOWMSU for insufficient funds or is dishonored by the bank upon which it is drawn, there shall be assessed to the account of the system user a service charge in the amount of $20 for the handling of said check. If the cost to the Borough for the return of the check unpaid is greater than the fee established herein, whatever that greater amount shall be the Borough of Washington shall be entitled to demand and receive the amount of the return check fee. That $20, and any additional return check fees as provided herein, shall become a lien against the property in question in the same manner as delinquent sewer bills in the Borough of Washington.
Subsequent payments for persons who have had their checks returned for insufficient funds or dishonored by their bank may be required by the Municipal Sewer Utility Collector to be made by cash, certified check or cashier's check for all future payments.
The sewer service charge, sewer connection fee and all other costs and expenses, interest and penalties imposed under this chapter shall be and remain a lien upon the property served until fully paid and satisfied.
If prompt payment shall not be made when due and shall remain in arrears for more than 45 days, the Borough Treasurer shall file a statement showing the arrears in the payment for all such charges which shall be a lien upon the real estate served by the system to the same extent as taxes are a lien upon real estate and shall be collected and enforced by the appropriate official in the municipality where the property is located in the same manner as liens for taxes.
In addition to any remedies provided for herein, in the event that any charge for connection to or use of the system by properties located outside of the Borough shall not be paid as and when due, the unpaid balance thereof and reasonable attorneys fees and costs may be recovered by the Borough Treasurer against the owner in a civil action or through such other means as provided by law.
In the event that the sewer service charge, sewer connection fee and any other cost, expense, interest or penalties remain unpaid for a period of three months, the Borough may, in addition to any other remedies that it may have, terminate service to the delinquent property upon 30 days written notice to the owner and any tenants located in said property. Notice to the owner shall be accomplished by sending a copy to the owner's known property tax address by regular mail or by posting notice on the property. Notice shall also be sent to the Health Officer of the municipality in which the property is located.
The Borough Treasurer shall be responsible for preparation of bills for the sewer service charges and other charges hereunder provided. The Mayor and Council may enter into contracts to obtain outside assistance to assist the Borough Treasurer in the preparation and mailing of bills.
All bills for sewer service charges shall be mailed via the United States Postal Service to the owner at the address listed on the tax records of the municipality where the property is located unless the Owner makes written application to the Borough Treasurer not later than 15 days before any bill is sent, requesting that the statement be sent to the tenant or system user for payment directly by the tenant.
[Amended 11-17-2008 by Ord. No. 13-2008]
Each sewer connection application shall be accompanied by a fee of $100.
The applicant shall submit with the application an escrow deposit of $1,000, from which the Borough will deduct all reasonable and customary engineering fees, inspection costs, reinspection costs and/or other expenses incurred as a result of examining and processing a sewer connection application and inspecting connections to the system or other installations or improvements installed pursuant to this chapter.
An annual permit fee, payable on or before January 30 of each year, shall be charged for the discharge of industrial or commercial wastewater into the system, the first of which said annual fee shall be determined by the Mayor and Council at the time of granting special permission for the same, and from year to year thereafter, after giving due consideration to the kind and volume of industrial or commercial wastewater, the type of business, the size of the building, the number of employees and the number of connections to the system, together with such other facts as may be deemed by the Mayor and Council to be pertinent to the same.
In the event that the annual permit fee shall remain unpaid for a period of 30 days from the date it shall become due, the discharge of said industrial or commercial wastewater into the system shall be discontinued.
The annual fee for the first permit issued to any successful applicant therefore shall, if issued on any day other than January 1, be prorated on a calendar basis so as to impose a charge only for the unexpired portion of the first year ending on the 31st day of December next following the date of issue.
The fees prescribed in this section are to be construed as being in addition to the connection fee, sewer service charge, inspection or other fees provided for in this chapter now in effect or which may hereafter be enacted, amended or supplemented.
Each system user shall be notified, at least annually, in conjunction with a regular bill (or such other means acceptable to the Department of Environmental Protection and/or the New Jersey Environmental Infrastructure Trust) of the rate charged by the Borough and that portion of the user charges which are attributable to wastewater treatment services.
At all times the Borough shall have in place an adequate financial management system that will accurately account for revenues generated by the system and expenditures for operation and maintenance, including replacement, of the system, based on an adequate budget, identifying the basis for determining the annual operation and maintenance costs and the costs of personnel, material, energy and administration.
The cost of operation and maintenance for all wastewater flows not directly attributable to users of the Borough sewer system (i.e., infiltration/inflow) shall be distributed among all users of the system based upon the same manner that the Borough distributes the cost for actual use of the system.
After the completion of the construction of the upgrade/expansion of the system, all revenue from projects funded by the New Jersey Environmental Infrastructure Trust, such as sale of a treatment-related by-product, lease of the land or sale of crops grown on the land, shall be used to offset the cost of operation and maintenance, and the Borough shall proportionately reduce the sewer service charge.
The Borough hereby dedicates all revenues, to the extent necessary to satisfy the covenants in any bonds, received from any and all persons connecting to the system, including sewer connection charges and sewer service charges, to liquidate all sums borrowed in connection with the establishment of such system after payment of all expenses chargeable to the operation and maintenance of the system.