The Township Committee is hereby empowered to adopt by resolution
rules and regulations necessary to provide for the reasonable and
orderly administration and enforcement of the provisions of this chapter
and to revise and amend the same from time to time. Such rules and
regulations shall be promulgated and filed in the office of the Township
Clerk and the Township Water Superintendent and shall be available
to the public for inspection during normal business hours.
A.
There is hereby established the position of Township Water Supply
System Superintendent, to be known as the "Township Water Superintendent."
The Township Committee shall appoint a qualified person to said position,
with said appointed person serving at the pleasure of the Township
Committee or until his successor is appointed. Any person appointed
shall be licensed to operate a public water system and have proper
training and a valid license. The hours of work and the amount and
form of remuneration shall be determined by the Township Committee.
B.
The Township Water Superintendent shall perform the following duties
and responsibilities:
(1)
Maintain the public water supply system, including all wells, lines,
mains, valves, machinery, property, tanks, meters, meter boxes or
vaults and all other equipment.
(2)
Authorize and undertake or oversee the proper and timely repair of
the system.
(3)
Maintain all records on said system required to be kept by any Township,
county or state regulation or directive and submit all required reports
promptly and on time.
(4)
Train and oversee all Township personnel assigned to work on the
water system.
(5)
Make or have completed by other Township personnel inspection of
the system and its operation.
(6)
Reserve and process all applications for system connections, temporary
disconnects or other requests for services or complaints.
(7)
Establish and oversee the quarterly reading of water meters and provide
information received therefrom promptly and on time to the Township
Tax Collector for the billing of consumers.
(8)
Cooperate with the office of the Township Tax Collector in the billing
and collection of all rents, rates, fees or other charges in connection
with the water system.
(9)
Provide the Township Tax Collector with all required dates and information
on connections or disconnections, and once annually provide the Township
Tax Collector with a certified list of all water users.
(10)
Assist duly authorized Township personnel to obtain licenses
and certification as water system operators.
(11)
Provide for the administration and enforcement of this chapter.
(12)
Such other duties or responsibilities as required by the Township
Committee from time to time.
The Township Water Superintendent and other duly authorized
employees or representatives of the Township, bearing proper credentials
and identification, shall be permitted to enter all properties, premises,
structures or uses for the purpose of making surveys, borings, soundings,
testings, meter readings and doing all other necessary work for the
construction, maintenance and repair of the Township's water supply
system, including inspection, observation, measurement, sampling and
testing of the Township water supply system in accordance with the
provisions of this chapter. The right of access shall include inspection
of plumbing or plumbing fixtures served by the Township water supply
system, provided that such inspection shall only be during reasonable
times.
The Township Water Superintendent and other duly authorized
employees or representatives of the Township, bearing proper credentials
and identification, shall be permitted to enter upon all private property
over which the Township has acquired an easement or right-of-way for
all necessary purposes in connection with the construction, maintenance
and repair of the Township water supply system, including but not
limited to inspection, observation, measurement, sampling, repair
and maintenance of any portion of the water supply facilities thereon,
provided that all such work shall be done in accordance with the terms
and conditions of the easement.
A.
Notification of violation. Whenever the Township Water Superintendent
finds that any person has violated or is violating any of the provisions
of this chapter or any of the rules and regulations duly adopted or
promulgated hereunder or whenever any bill for water service remains
unpaid for more than 60 days, said Township Water Superintendent may
serve upon such person a written notice stating the nature of the
violation and providing a reasonable time, not to exceed 30 days,
for a satisfactory correction thereof, which notice may be served
upon the owner and all persons in possession of the subject property
personally or by certified mail directed to the addressee at the last
known post office address, and service thereof shall be complete upon
mailing.
B.
If the person who has been given notice of a violation as aforesaid
shall fail, neglect or refuse to correct the violation referred to
in the notice within the time stated therein, the Township Water Superintendent
is hereby authorized to file a complaint and prosecute any appropriate
action to correct the violation in any manner provided by law and
in any court having jurisdiction thereof, provided that, if such action
seeks injunctive relief or involves the expenditure of funds to employ
expert witnesses or counsel, the Township Water Superintendent shall
first obtain the consent of the Township Committee.
C.
Show-cause hearing.
(1)
If the violation is not corrected by timely compliance, the Township Committee may order any person who is in violation or in arrears on payment to show cause before the Township Committee why service should not be terminated. A written notice shall be served on the owner and any person in possession of all or part of the subject premises specifying the time and place of a hearing to be held by the Township Committee regarding the violation and directing the offending party to show cause before the Township Committee why an order should not be made directing the termination of service. The notice of the hearing shall be served at least 10 days before the hearing, in the manner provided in § 396-48A herein.
(2)
The show-cause hearing shall be conducted by the Township Committee or by any member thereof designated as hearing officer for this purpose. The Township Committee or hearing officer, as the case may be, may issue in the name of the Township notices requiring the attendance and testimony of witnesses and the production of evidence. Testimony shall be received under oath and recorded stenographically or electronically. If the hearing is conducted by a hearing officer, a report, including transcripts and other evidence, with a recommendation for action thereon, shall be made to the Township Committee. When the hearing is completed, the Township Committee shall review the evidence and may issue an order directing that the water supply service be discontinued unless the violation is corrected within a specified period of time, which shall be fixed in the order, and such order may contain other conditions considered necessary and appropriate. Said order shall be in writing, and a copy shall be served upon the owner and parties in possession in the same manner required for giving notice under § 396-48A herein.
D.
Any violation of the provisions of this chapter and of the rules
and regulations duly adopted and promulgated hereunder shall be considered
a public nuisance. In addition to other enforcement provided herein,
if any person improperly uses or damages the Township water supply
system, the Township Committee may authorize appropriate proceedings
for legal and/or equitable relief in any court of competent jurisdiction,
and any complaint for this purpose shall include a claim for all costs
of such action, reasonable attorney's fees and expenses.
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, firm, company, partnership, corporation,
association, group or society and includes the United States of America,
the State of New Jersey, the County of Cumberland and all agencies,
districts, commissions and political subdivisions created by or pursuant
to state or federal law, and shall include the singular and plural
and either gender.
Any person who violates any portion of this chapter shall, upon
conviction, be subject to a fine not exceeding $1,000 or by imprisonment
for a term not exceeding 90 days, or both, for each offense. Each
day on which a violation occurs or continues shall be deemed a separate
offense.
The Township may, at any time, restrict or regulate the quantity
of water used by the consumers in case of scarcity or if, in the judgment
of the Township Committee, such restriction or regulation may be necessary
for the safety of the municipality in case of fire; and in case of
necessity, the Township shall be at liberty to shut off the water
supply in order to make repairs; and the Township shall not be liable
under any circumstances for the deficiency or failure in the supply
of water, whether occasioned by the shutting off of the water or any
other cause whatsoever, nor shall the Township be liable for any damage
caused by increased pressure being put on the mains during the times
of fires, drills by the company or any other time; and all service
connections shall be subject to the provisions of this section. The
Township shall have the right to reserve a sufficient supply of water
at all times in its reservoirs to provide for fire and other emergencies.
No agent or employee of the Township shall have the authority
to bind it by any promise, agreement or representation not provided
for in this chapter or any rules or regulations promulgated thereunder,
unless such agent or employee is authorized by the Township Committee
and both the authority and any such promise, agreement or representation
are in writing.
