[Adopted 9-16-1987 by Ord. No. V-125]
Editor's Note: This ordinance repealed former Ch. 163, Art. II, Rents and Charges, which was derived from § 4-17 of Ch. 4 of the former Revised Ordinances of the City of Hoboken, adopted 1-7-1959 by Ord. No. 123, as amended. Section 13 of Ord. No. V-125 also provided that "This ordinance is effective on July 1, 1988."
Article VII Rents and Charges
This Part 2 sets forth a uniform method for the imposition, collection and administration of user fees and sets forth descriptions and delegations of the various responsibilities associated therewith. The objectives of this Part 2 are to:
Comply with the mandate of the EPA to reconstruct the treatment plant and install additional facilities to achieve greater levels of sewerage treatment.
Enable the City of Hoboken to comply with all applicable federal and state laws and regulations pertaining to both cost recovery for federally funded sewerage facilities and the collection of sewer user fees.
This Part 2 authorizes the imposition, collection and administration of user fees, penalty fees and the monitoring of discharge.
This Part 2 shall apply to all dischargers. The City of Hoboken shall administer and enforce the provisions of this Part 2, except as otherwise provided herein.
As used in this Part 2, unless the context clearly requires a different meaning, the following words and terms shall have the following meanings:
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)] in accordance with an approved test procedure.
- CITY or THE CITY
- The City of Hoboken.
- COMMERCIAL/INDUSTRIAL USER
- Any nonresidential discharger.
- CONVEYANCE AND TREATMENT FEE
- The user fee charged to all dischargers.
- CONVEYANCE COST
- The total cost of operation, maintenance, replacement, debt service, administration billing and collection and related costs applicable to the City's pumping stations, interceptors, tide gates, regulators, tributaries and collection sewers.
- The result of any releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of a pollutant into the sewerage system of the City or onto land or into wells from which it might flow or drain into said sewer system, including but not limited to the release of any pollutant into the treatment works.
- A person or entity that emits discharge to the treatment plant.
- FISCAL YEAR
- The fiscal year of the City of Hoboken, starting January 1 and ending December 31.
- The quantity of discharge treated by the treatment plant during the fiscal year.
- OTHER REVENUE
- Revenue received by the City of Hoboken from any other source, including but not limited to interest income and impact fees.
- SEWERAGE USER PERMITS
- Any permit which is required of any discharger or any potential discharger prior to the discharge of sewage to the treatment plant.
- SURCHARGE FEE
- The user fee charged to commercial/industrial users whose discharge is monitored and whose BOD-5 concentration and/or SS concentration exceeds 300 parts per million.
- SUSPENDED SOLIDS (SS)
- The total nonfilterable residue as defined in the Manual of Methods for Chemical Analysis of Water and Wastes and analyzed in accordance with an approved test procedure.
- TREATMENT COST
- The total cost of operation, maintenance, replacement, debt service, administration, billing and collection and related costs applicable to the treatment plant.
- TREATMENT PLANT
- The Hoboken sewage treatment plant.
- USER FEE
- The fee charged for the purpose of recovering the costs of operation, maintenance and replacement of the federally funded sewage treatment facility.
Sewer user fees shall charge to each user its proportionate share of costs for sewage treatment, including replacement, within the service area, and shall be uniform throughout all areas subject to such sewer user fees under this Part 2 for the same type, class and amount of use or service of the sewer system. Sewer user fees shall be calculated in the following manner.
Surcharge fee. The City of Hoboken shall annually estimate those portions of the treatment charge applicable to the factors of BOD loading and SS loading, shall establish surcharge rates for each factor and shall charge commercial/industrial dischargers whose BOD concentration exceeds 300 parts per million and/or whose SS concentration exceeds 300 parts per million a surcharge fee based on such rates. Surcharge fees for the BOD loading factor and/or the SS loading factor shall be based on volume of usage times the concentration of such factor in excess of 300 parts per million times the rate. All remaining charges to such dischargers for the factors of BOD loading and SS loading where the BOD concentration and the SS concentration are both equal to 300 parts per million or fewer shall be calculated pursuant to the calculation for conveyance and treatment fees. The surcharge fee formula follows:
BOD-5 in excess of 300 parts per million
SS in excess of 300 parts per million
Conveyance and treatment fee. The City of Hoboken shall develop a user fee rate per 1,000 gallons of sewage discharge based on the sum of the conveyance cost plus the treatment cost minus revenues from surcharge fees minus other revenues and divided by the flow, and shall charge each discharger a user fee based on such rate times the volume of discharge of such discharger. The conveyance and treatment fee formula follows:
The City shall continue to own and operate pumping stations, interceptors, tide gates, regulators, tributaries and collection sewers which are part of the sewer system.
Prior to the commencement of the fiscal year, the City of Hoboken shall prepare a planned budget for all costs, revenues and rates for the following fiscal year. Such planned budget and the basis for its contents shall be made available for public inspection at least 30 days prior to a public meeting of the City regarding such budget, with notice of such public meeting being posted at City Hall, advertised in one or more newspapers at least 30 days prior to the meeting and provided to the Mayor and governing bodies of the City at least 30 days prior to the meeting.
The billing of all customer accounts is the responsibility of the City of Hoboken and shall be done at the discretion of the City of Hoboken but not less frequently than annually and not more frequently than quarterly. Pursuant to ordinances enacted by the City of Weehawken and Union City, Hoboken may bill any and all users situated in the City of Weehawken or Union City.
The payment of all bills for user fees levied by the City of Hoboken are due within 45 days of issuance by the City, and the City may impose penalty fees for the late payment or nonpayment of such bills. The City shall annually establish penalty fees at the time user fees are established and may consider in its determination of such penalty fees the amount owed, the duration of the delinquency or other criteria. The City reserves the right to waive or modify penalties.
The City may annually charge to each discharger a minimum user fee, regardless of any use of the sewer facilities, to cover expenses incurred by the City for billing and collection, administration and a portion of the debt service.
The City reserves the right to impose other charges to cover expenses incurred in the conveyance and treatment of the sewerage.
The City shall maintain appropriate records of all revenues and expenses, including the basis for its rates and charges and its budgeted expenses. Such records shall be audited each year by a certified public accounting firm with copies of such audit provided to the City.