Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Clark 3-7-2011 by Ord. No. 11-08. Amendments noted where applicable.]
GENERAL REFERENCES
Sewerage Authority — See Ch. 57.
Sewer Utility — See Ch. 61.
Sewers — See Ch. 279.
The purpose of this chapter is to impose an annual user fee, as hereinafter defined, on all domestic, commercial, industrial, institutional and government users of the Sanitary Sewer Utility of the Township of Clark.
"User fee" is defined as a fee levied upon all users of the Sanitary Sewer Utility for the annual cost of operation and maintenance of the Clark Township Sanitary Sewer Utility.
The following classes of users are hereby established:
A. 
Residential domestic.
B. 
Commercial domestic.
C. 
Governmental.
D. 
Not-for-profit.
E. 
Industrial (non-SIU).
F. 
Significant industrial use (SIU).
G. 
Miscellaneous unmetered.
H. 
Multifamily residential.
I. 
Mixed-use.
J. 
Home occupation.
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL DOMESTIC
Any user not classified elsewhere herein.
GOVERNMENTAL
Any user operating as an extension of the federal, state, county, or municipal government.
GPY
Gallons per year.
HOME OCCUPATION
A commercial use solely contained within a residential dwelling unit. The residential use must be the predominate use.
INDUSTRIAL USERS
Users located within an industrial zone of the Township of Clark that generate wastewater other than domestic waste as a result of their operation, such as process water, cooling water, washdown etc. Such users will not generate sufficient quantities of wastewater to be classified as significant industrial users by the New Jersey Department of Environmental Protection and/or the Rahway Valley Sewerage Authority.
MISCELLANEOUS UNMETERED
An entity receiving a tax bill from the Township of Clark that does not otherwise meter domestic water usage.
MIXED-USE
Properties operating a single water meter with multiple uses (i.e., retail with apartments), but not a home occupation as defined therein.
MULTIFAMILY RESIDENTIAL
Two or more residential dwelling units on a single water meter.
NOT-FOR-PROFIT
Users designated as 501c(6) or 501c(3) under the IRS Tax Code.
RESIDENTIAL DOMESTIC
Any user where sole use of the property is as a residential dwelling unit.
SIGNIFICANT INDUSTRIAL USERS
Industrial users generating sufficient wastewater quantities to meet definitions established by the New Jersey Department of Environmental Protection and/or the Rahway Valley Sewerage Authority and shall meet all Township, RVSA and NJDEP monitoring and reporting requirements.
A. 
Residential, commercial, governmental, not-for-profit and industrial user fees:
[Amended 1-17-2012 by Ord. No. 12-01; 12-5-2016 by Ord. No. 16-12]
Type of Use
Minimum Charge
(0 to 100,000 GPY)
Exceeds 100,000 GPY
Exceeds 400,000 GPY
Residential domestic
$280`
$280, plus $0.025 per gallon over 100,000 gallons
$7,780, plus $0.02685 per gallon over 400,000 gallons
Commercial domestic
$280
$280, plus $0.025 per gallon over 100,000 gallons
$7,780, plus $0.02685 per gallon over 400,000 gallons
Governmental
$280
$280, plus $0.025 per gallon over 100,000 gallons
$7,780, plus $0.02685 per gallon over 400,000 gallons
Not-for-profit
$280
$280, plus $0.025 per gallon over 100,000 gallons
$7,780, plus $0.02685 per gallon over 400,000 gallons
Industrial (non-SIU)
$280
$280, plus $0.025 per gallon over 100,000 gallons
$7,780, plus $0.02685 per gallon over 400,000 gallons
B. 
Significant industrial users. The annual billing methodology for significant industrial users (SIUs) shall be as follows:
(1) 
The annual billing methodology for SIUs shall be based upon sanitary sewerage reporting by the SIU to the RVSA and the Township. Such reporting shall include continuous flow monitoring and measurements for total flow, total suspended solids (TSS) and biochemical oxygen demand (BOD). The Municipal Sewer Utility may, at its option, verify the data supplied by the SIU, as may be deemed necessary, in compliance with § 279-15 of Chapter 279, Sewers.
(2) 
Annually, the Engineer shall calculate billing costs for parameters of flow, TSS, and BOD as follows:
(a) 
The total annual budget for the Clark Municipal Sewer Utility will be established. Said budget shall provide for payment of the Township's assessment from the RVSA for treatment and for the operation and maintenance of the sanitary sewer collection system.
(b) 
It is to be assumed that the parameters of flow, TSS and BOD shall each represent an equal portion of the overall Municipal Sewer Utility budget.
(c) 
The Engineer shall calculate the billing cost for each parameter (flow, TSS and BOD) by dividing the applicable portion of the utility budget by the total amount of each parameter which may be billed to users and as reported by the user, water purveyor and/or RVSA.
(d) 
The Municipal Sewer Utility shall send a bill to each SIU by multiplying the amount of each parameter (flow, TSS and BOD) by the billing cost as calculated above, based on the certification of current usage submitted on or before February 1 of every year for a twelve-month period concluding September 30 of the previous year.
C. 
Miscellaneous unmetered.
(1) 
Users, for which the Township has not received meter data from applicable water purveyors, including wells, shall have their usage requirements estimated by the Utility Engineer. The Engineer's estimate will be prepared in accordance with generally accepted engineering standards, including but not necessarily limited to the following:
(a) 
N.J.A.C. 7:14A-23.3, Projected flow criteria.
(b) 
ASCE/WPCF Manual of Practice Design and Construction of Storm and Sanitary Sewers.
(c) 
International Building Code, New Jersey Edition.
(d) 
International Plumbing Code.
(e) 
National Standard Plumbing Code.
(f) 
Residential Site Improvement Standards, N.J.A.C. 5:21.
(2) 
All such users will be required to complete an informational form, distributed by the Sewer Utility on an annual basis, representing data on the number and type of sewer users. Such information may include the number and age of occupants, the number and type of fixtures, the number of bedrooms, gross floor area, the number of employees, the number of service bays, etc., as may be necessary for the Utility Engineer to estimate water usage and classification. Failure to submit an annual informational form or the falsification of same shall subject the owner to a minimum penalty of $500, in addition to a minimum fee of $500.
(3) 
In the event that an unrelated facility owner disagrees with the estimate of the Utility Engineer, they may appeal the estimate in the manner provided elsewhere herein. Further, the owner may elect to have a meter installed on the property to accurately assess usage.
(4) 
Users shall be billed by the Sewer Utility under the criteria of this section.
D. 
Multifamily residential. The minimum charge shall be a flow charge of $280 per unit, plus an excess flow charge of $0.025 per gallon shall be charged for flows in excess of 100,000 gallons per unit.
[Amended 12-5-2016 by Ord. No. 16-12]
E. 
Mixed-use. The minimum charge shall be the sum of the minimums for each use. Flows exceeding the combined flow allowance shall be billed at the highest rate of use for the property.
F. 
Home occupations.
[Amended 1-17-2012 by Ord. No. 12-01; 12-5-2016 by Ord. No. 16-12]
(1) 
Minimum charge (zero to 100,000 GPY): $280.
(2) 
Exceeds 100,000 GPY: $280, plus $0.025 per gallon over 100,000 gallons.
(3) 
Exceeds 400,000 GPY: $7,780, plus $0.02685 per gallon over 400,000 gallons.
All requests for appeals shall be received by the Utility on or before May 1 of every year, or the appeal shall be deemed denied by the Municipal Sewer Utility.
The Clark Municipal Sewer Utility will assess user fees based on the bills submitted by the water purveyor dated November through April of the year prior to the year of the sewer bill. Said amounts shall be multiplied by two to achieve an annualized flow estimate. This effectively eliminates the usage of water during the early Spring, Summer, and early Fall seasons, when water is heavily used.
[Amended 12-5-2016 by Ord. No. 16-12]
User fees will be billed annually, with payments due on or before March 15 and September 15.
Users will be subject to the payment of interest and penalties for payments received after the due date. Users will be assessed penalties in the manner established by the Township for payment on late property tax payments.
[Amended 12-5-2016 by Ord. No. 16-12]
Senior citizens eligible for the senior citizen deduction on their municipal property taxes, as per N.J.S.A. 54:4-8.44, shall receive a deduction of $140 from their sewer bill.