[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.
Waste and wastewater from humans or household operations.
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.
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)].
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.
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.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
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.
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.
[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.
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.
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.
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.
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]
[1]
Editor’s Note: Former § 205-6, Tapping, as amended,
was repealed 7-16-2018 by Ord. No. 2018-06.
[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:
(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.
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.