Borough of Spotswood, NJ Article I Water

§ 205-1 Definition.

[Amended 4-3-2006 by Ord. No. 2006-07]

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.

DOMESTIC SEWAGE

Waste and wastewater from humans or household operations.

ILLICIT CONNECTION

Any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Spotswood, unless that discharge is authorized under a NJPDES permit other than the Tier A municipal stormwater general permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.

INDUSTRIAL WASTE

Nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b) or (c) of the Federal Clean Water Act [33 U.S.C. § 1317(a), (b) or (c)].

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Spotswood or other public body, and is designed and used for collecting and conveying stormwater.

NJPDES PERMIT

A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDE) rules at N.J.A.C. 7:14A.

NONCONTACT COOLING WATER

Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may, however, contain algaecides or biocides to control fouling of equipment such as heat exchangers and/or corrosion inhibitors.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

PROCESS WASTEWATER

Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate products, finished products, byproducts, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.

PURCHASER OR CONSUMER

The resident or property owner with whom the Borough, through its authorized representative, enters into a contract for the purchase and use of water supplied by the Borough; or the resident, person or property owner who contracts for the connection of fixtures on his property with the water system mains.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

§ 205-2 Tapping procedures and connection fees.

[Amended 7-16-2018 by Ord. No. 2018-06]

A. Where a tap for a service connection to any water main is required, application therefor shall be made either by the property owner or by the plumber contracting for or doing the plumbing work in connection therewith. All excavation and trench work must be done by the plumber. Payment for taps shall be made upon application therefor, but the acceptance of payment or the issuance of a permit does not bind the Public Works Department to allow such tap if for any reason it may deem such work inadvisable. The schedule of charges in Chapter 91, Fees, shall be made for tapping for a service connection.

B. All connection fees to be paid to the Borough shall be determined annually on January 1 of the calendar year by calculating the total past capital costs of the Borough's water system to date and dividing that total cost by the number of equivalent (or service) connections existing within the Borough. This calculation shall be made by the appropriate personnel of the Finance Department of the Borough in order to enable the Borough to receive capital cost of its water system from users as they enter the system.

C. Said rates shall be as provided in Chapter 91, Fees.

D. All work and materials involved in making new connections shall be the direct obligation of the purchaser, subject at all times to the inspection and approval of the authorized Borough representative.

E. Inspection. At the time a permit is granted for tapping a main, an inspection of the connection shall be made and approved by the authorized Borough representative before the work is covered up. The inspection fee shall be $50. If a water main is tapped without a permit, and if the work is covered up before inspection and approval as provided above, an additional charge of $50 shall be made and collected from the person or persons who did the work, and the trench shall be uncovered by the party doing the work and shall not again be backfilled until inspected and approved.

§ 205-3 Water main taps and service lines.

A. Copper tubing shall be used from the goose neck to the building.

[Amended 7-16-2018 by Ord. No. 2018-06]

B. The purchaser shall be responsible for and keep the water pipes, meter and fixtures within their premises as well as the service line from the dwelling to the stop cock, shutoff valve and/or curb, whichever shall be applicable, and inclusive of said stop cock or shutoff valve, in good repair, and shall protect the same from frost at purchaser's expense.

[Amended 6-19-2006 by Ord. No. 2006-14]

C. The stop cock at the curb shall be opened or closed only by the authorized representative of the Borough or by permit granted in writing by him, and any person or persons turning on the water when it has been turned on at the curb, shall be liable to a fine of $25. The Borough shall not be liable for any damages resulting from failure to observe this regulation.

§ 205-4 General regulations.

A. Supply of multiple users. When two or more parties take water through one service pipe, the provisions in regard to the cutting off of the supply shall be applicable to all parties although one or more of them may be innocent of any cause of offense.

B. Responsibility of owners for tenants. Owners of premises will be held responsible for the water rents and charges incurred by their tenants.

C. Supplying to other parties restricted. No purchaser shall supply water to parties not entitled to its use, except upon permission from the authorized Borough representative given in writing. Violating this provision, the purchaser shall be liable to a fine of $10 for each and every offense.

D. Damages; suspension of service. Consumers shall not be entitled to damages, nor will any part of a payment be refunded for failure of water supply occasioned by an accident to any portion of the works, nor for shut off for the purpose of additions or repairs. The Borough shall have the right to shut off the water to make extensions, alterations or repairs.

E. Inspection. All apparatus and places supplied with water must be accessible and open to the inspection of the authorized Borough representative at all times, and all pipes and fixtures shall be subject to rejection by him, if considered unsuitable for the purpose.

F. Use of water from fire hydrants regulated. No one shall use water through fire hydrants or pipes for any other purpose except on written permission from the authorized Borough representative. No hydrant or faucet connection with the water system used for any other purpose than that of fire protection or sprinkling shall be maintained on the grounds or property of any person. No other outside hydrants shall be permitted.

G. Apparatus for backing water. Whenever an apparatus is installed to back water, there must be a check valve on the inlet pipe thereof, to prevent the water from flowing back through the meter caused by a decreased pressure in the street main.

H. Permission required for turning on service. No plumber, pipefitter, or any other unauthorized person shall be allowed to turn on the water service without the written permission of the Borough representative.

I. Period of restricted use. Between May 1 and September 15, no person shall make external use of water for any purpose, (except for construction or on the 31st day of any month), including but not limited to watering a lawn or landscaping, washing a car, filling a swimming pool or cleaning the exterior of a building, on an odd date unless he or she resides in a house having an odd number and no person shall make external use of water for any purpose (except for construction or on the 31st day of any month), including but not limited to watering a lawn or landscaping, washing a car, filling a swimming pool or cleaning the exterior of a building, on an even date unless he or she resides in a house having an even number, except for newly installed or planted lawns or shrubbery the watering of which shall be permitted only for 45 days after planting. All such permitted external use of water shall occur so as to avoid the needless waste of water which shall include, by way of example but not be limited to, the watering of a lawn in excess of 45 minutes per area, allowing an undirected flow of water for more than two minutes during any of the approved watering uses stated herein, or testing of a newly installed sprinkler system for more than 10 minutes.

[Added 4-8-2004 by Ord. No. 04-2004]

J. No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Spotswood any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater). The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Spotswood is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.

[Added 4-3-2006 by Ord. No. 2006-07]

K. The following are exceptions to the prohibitions set forth in Subsection J above:

[Added 4-3-2006 by Ord. No. 2006-07]

(1) Water line flushing and discharges from potable water sources.

(2) Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).

(3) Air conditioning condensate (excluding contact and non-contact cooling water).

(4) Irrigation water (including landscape and lawn watering runoff).

(5) Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.

(6) Residential car washing water and residential swimming pool discharges.

(7) Sidewalk, driveway and street wash water.

(8) Flows from fire-fighting activities.

(9) Flows from rinsing of the following equipment with clean water:

(a) Beach maintenance equipment immediately following its use for its intended purposes; and

(b) Equipment used in the application of salt and deicing materials immediately following salt and deicing material applications. Prior to rinsing with clean water, all residual salt and deicing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discharged.

(c) Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.

§ 205-5 Meters.

A. Provided by the Borough. All water meters shall be provided by the Borough at the expense of the purchaser, as set forth in § 91-9 of Chapter 91, Fees. All Borough residents who have wells which are connected to the Borough sewer system shall be required to have meters installed, with the Borough being responsible for the cost of the meter and the resident being responsible for the installation cost. Except by special permission of the authorized Borough representative, no water connection shall be made without a meter. Nothing in this section shall prohibit a resident from exercising an option to use well water for nonhousehold use through the installation of a bypass which would be at his/her own expense and subject to the approval of the Plumbing Inspector.

[Amended 12-15-2014 by Ord. No. 2014-20]

B. Testing.

(1) Upon application by any customer to the Spotswood Water Department, a test shall be made of the customer's water meter by an agent of the Water Department. Such test shall be made as soon as practicable after receipt of the application. For such test a fee as set forth in § 91-9 of Chapter 91, Fees, shall be paid by the customer at the time application is made for the test. This fee shall be retained if the meter is found to be slow or correct within the allowable limit of 2% when passing water at full capacity. If the meter is found to be fast beyond the allowable limits, the Water Department shall reimburse the customer for the test fee paid by him/her.

(2) If, in the opinion of the Borough representative, a meter has failed to properly register the water passed through it, the meter shall be removed and tested. If it is found that the meter has been tampered with on the premises of the consumer, a new meter shall be furnished only at the expense of the consumer. If it is found that the meter has not been tampered with, but is out of order, the Borough shall furnish and install a new meter at no cost to the consumer. In either case, the charge for water during the period which the defective meter was in use shall be based on the amount of water consumed during the last corresponding quarter. Two or more instances of evident tampering with meters shall justify discontinuance of service to the premises involved.

C. Meter tampering. All meters shall be examined periodically by a representative of the Borough and resealed and/or repaired, where required. Meters shall be tagged with a warning notice if any unusual circumstances exist. If any meter is tampered with, a penalty shall ensue at the amount of $50 plus an additional $40 for each quarter year which has elapsed since the last meter reading.

D. Penalty. In the event that a homeowner does not provide access to a representative or contractor of the Borough in order to upgrade or replace a water meter and upon 30 days' notice to the homeowner, the Borough may impose a penalty in the amount of $75 per quarter in addition to all charges for water until such time as access to the property is provided and a replacement water meter is installed.

[Added 9-9-2013 by Ord. No. 2013-07]

§ 205-6 (Reserved) [1]

[1] Editor’s Note: Former § 205-6, Tapping, as amended, was repealed 7-16-2018 by Ord. No. 2018-06.

§ 205-7 Water rates.

[Amended 7-6-1998 by Ord. No. 1998-554; 1-22-2001 by Ord. No. 2001-02; 9-9-2002 by Ord. No. 2002-038; 3-23-2009 by Ord. No. 05-2009; 12-19-2011 by Ord. No. 2011-08; 9-9-2013 by Ord. No. 2013-07; 12-15-2014 by Ord. No. 2014-20; 12-17-2018 by Ord. No. 2018-09]

A. General rates.

(1) Commencing January 1, 2019, the following usage rates shall be applicable to all domestic, commercial and industrial properties:

(a) For the first 8,000 gallons in each billing period: $6.05 per 1,000 gallons.

(b) For usage in excess of 8,000 gallons up to 15,000 gallons in each billing period: $8.30 per 1,000 gallons.

(c) For usage in excess of 15,000 gallons in each billing period: $8.65 per 1,000 gallons.

(2) Minimum charge. The minimum charge per water service connection shall be $48.40 per quarter.

(3) The new rates listed above will be phased in as follows:

Billing Cycles	Billing Date	Usage Period
2 and 5	3-31-2019	1-1-2019 to 3-31-2019
3 and 8	4-30-2019	2-1-2019 to 4-30-2019
1 and 4	5-31-2019	3-1-2019 to 5-31-2019

B. Rates for two dwellings on one meter. One water service connection shall be allowed for two dwellings with one meter if such dwellings adjoin and are owned by the same party, and the rates as referred to above shall be charged in accordance with the one meter reading.

C. Rates for duplex dwellings. A duplex dwelling under one roof shall be rated as two separate dwellings.

D. An annual fee of $100 will be assessed to private fire line connections to the Borough's water main distribution system.

E. Due dates. All bills for water service are payable at the office of the Borough Collector every three months in accordance with the direction of the Borough Collector, excepting in special cases of building construction purposes.

(1) An instance where bills are not paid within 33 days after the billing date, the water shall be shut off and not turned on again until the Borough Collector has received payment of the arrears with interest at 8% per annum up to $1,500 and 18% per annum interest over $1,500, and a charge of $100 for turning on water during working hours and $150 after working hours/emergency.

(2) Before water is turned on for building construction purposes, an advance payment of $100 will be required for each service.

F. Bill disputes.

(1) Any customer that disputes a bill rendered by the utility for water shall bring the disputed bill to the attention of the Borough Collector within 15 calendar days of the due date of the bill. Said dispute shall be presented to the office of the Borough Collector in writing, stating the exact portion of the bill that is in dispute and the reasons why the bill is in dispute.

(2) Upon receipt of a disputed bill claim by a customer, the Borough Collector shall present a temporary estimated bill to the customer which shall be computed on the basis of the average usage during the preceding twelve-month period or the usage during the same period of time in the preceding year, whichever, in the estimation of the Borough Collector, presents a more accurate estimate. The customer shall pay the amount of the temporary estimated bill within the same time limits for payment of the original bill.

(3) The Borough Collector shall investigate the bill dispute presented by the customer and shall receive whatever supporting evidence the customer may wish to present and shall determine whether the disputed bill is valid or invalid in whole or in part. In the event that the Borough Collector determines that any or all of the disputed bill is due and that amount exceeds the amount paid by the customer under the temporary estimated bill, the difference shall be paid by the customer within 14 calendar days after notification, in writing, by the Borough Collector. After said fourteen-calendar-day period, the bill shall be classified as delinquent.

(4) An estimated bill shall also be presented in the case of a nonfunctioning meter or the inability to obtain water reading.

(5) No abatement on meter bills will be made for leaks or water wasted by damaged or defective fixtures.

G. Final meter readings. Each and every individual, business or corporation who or which closes an existing account with the utility office shall be charged a final reading fee of $25.

§ 205-8 Water restrictions emergency.

A. Declaration of emergency authorized. At such times as the Mayor formally declared that, in the judgment of the Mayor, an emergency exists requiring the taking of such measures for the conservation of water for domestic and sanitary purposes and fire protection as are hereinafter specified, this section shall become effective and remain effective until such time as the Mayor declares such emergency to have terminated.

B. Proclamation of type of emergency. Upon the making of such proclamation of emergency, the Mayor shall proclaim whether the emergency is of the type or character requiring the restricted use of water hereinafter set forth under Subsection B(1) or (2) below, whereupon the Borough Clerk shall forthwith give written notice of such proclamation, specifying its type and character to the residents of the Borough:

(1) Proclamation A. Proclamation A shall prohibit the use of water from the Borough water system for the sprinkling of lawns, shrubbery and gardens and other related uses on certain days of the week and during certain hours of the day as specified in a resolution adopted by the Borough Council based upon recommendations made by the consultant engineer, CFM, who shall be responsible for investigating all complaints regarding inadequate water supply.

(2) Proclamation B. Proclamation B shall prohibit the use of water from the Borough water system for the sprinkling of lawns, shrubbery and gardens until such proclamation shall be terminated. This proclamation shall be based upon the recommendations made by the consultant engineer, CFM, who shall be responsible for investigating all complaints regarding inadequate water supply, and based upon results of the investigation made by him/her or employees of the Borough under his/her supervision.

C. Notice of emergency. Immediately following the issuing of any of the emergency proclamations hereinbefore provided, due notice shall be given to the users of the Borough water system within 48 hours after the issuing of such proclamation. The provisions of this section shall become and remain effective until the date when the Mayor shall proclaim and declare the emergency terminated.

D. Violations and penalties. During the continuance of the emergency, any person violating any of the restrictions imposed by the proclamation issued pursuant hereto, upon conviction, shall suffer a fine or penalty not in excess of $1,000 and/or community service not to exceed 90 days, and/or imprisonment for a period not to exceed 90 days.

E. This section shall be enforced by the Police Department, Health Officer and Code Official of the Borough of Spotswood. Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall be subject to a fine not to exceed $1,250 and/or community service not to exceed 90 days and/or imprisonment for a period not to exceed 90 days.