In the event that the wastewater treatment plant capacity available for extensions becomes limited due to either the inability of the plant to consistently meet effluent limitations contained in its license or when committed flows approach the design capacity of the plant, the Borough of Washington will allocate such remaining plant capacity on the following priority basis:
Capacity allocation shall go first to the applications in the highest priority category, regardless of the age of the application in other categories, and then shall go on a first-in-time, first-in-right basis within each category. Notwithstanding this, the Mayor and Council reserve the right to review each individual application separately and to consider such matters as benefits to low- and moderate-income persons under any Mount Laurel obligations the Borough might have; the ratio of taxable valuation to sewer capacity; the effect on municipal services, including police, fire and school; jobs created or retained; or other criteria. The Borough Council reserves the right to limit the amount of capacity allotted to any user regardless of priority status or the length of time that capacity will be reserved before use.
In the event that the Borough intends to allocate capacity to an applicant in a lower priority category or to one who has filed a more recent application, the Borough will give written notice to all applicants on file having higher priorities or older applicants in the same category and, if any such applicants request in writing, the Mayor and Council will hold a hearing as to whether such an allocation should be made, at which time any such applicant or his attorney may present evidence as to why such an allocation should not be made. The Mayor and Council will make its determination based on the criteria set forth herein.
Applications for capacity must be made in writing and identify the block and lot number of the parcel of land for which capacity is desired. The application shall identify the name of the property owner and the applicant, if different. If the applicant is not the owner, then consent of the owner shall be required, or proof of a valid contract for sale between the owner and applicant must be provided. The application must identify the amount of gallonage requested and contain a description as to the intended use of the capacity. All applications must be dated and may be submitted in letter format. Applications for extensions only, as defined by the Department of Environmental Protection regulations, will be required.
All applications for capacity allocations involving sewer extensions, as defined by Department of Environmental Protection regulations, must be approved by the Mayor and Council. Permits may be in the form of an agreement between the Borough and the applicant or may be in standard permit form, as the Mayor and Council shall direct.