A.
This article sets forth a uniform method for the imposition, collection
and administration of user fees, penalty fees and the monitoring of
discharges and sets forth descriptions and delegation of the various
responsibilities associated therewith. The objectives of this article
are:
(1)
To comply with the mandate of the EPA to reconstruction the treatment
plant and install additional facilities to achieve greater levels
of sewerage treatment.
(2)
To enable the City 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.
B.
This article shall apply to all dischargers. The City of Union City
shall administer and enforce the provisions of this article, except
as otherwise provided herein.
As used in this article, unless the context clearly requires a different meaning, the following words and terms not included in § 342-4 shall have the following meanings:
Any nonresidential discharger.
The user fee charged to all dischargers.
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.
A person or entity that emits discharge to the treatment
plant.
See "surcharge fee," and see "user fee."
The fiscal year of the North Hudson Sewer Authority or Passaic
Valley Sewer Authority, starting January 1 and ending December 31.
[Amended 5-21-2013]
The quantity of discharge treated by the treatment plant
during the fiscal year.
Revenue received by the North Hudson Sewer Authority or Passaic
Valley Sewer Authority from any other source, including, but not limited
to, interest income and impact fees.
[Amended 5-21-2013]
Any permit which is required of any discharger or any potential
discharger prior to the discharge of sewerage to the treatment plant.
The user fee charged to commercial/industrial users whose
discharge is monitored and whose BOD-5 concentration and/or SS concentration
exceeds 300 ppm.
The total cost of operation, maintenance, replacement, debt
service, administration, billing and collection and related costs
applicable to the treatment plant.
The North Hudson Sewer Authority or Passaic Valley Sewer
Authority Sewerage Treatment Plant.
[Amended 5-21-2013]
The fee charged for the purpose of recovering the costs of
operation, maintenance and replacement of the federally funded sewerage
treatment facility.
[Amended 5-21-2013]
Sewer user fees shall charge to each user its proportionate
share of costs for sewerage treatment, including replacement, within
the service area, and shall be uniform throughout all areas subject
to such sewer user fees under this article 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:
A.
Surcharge fee. The North Hudson Sewer Authority or Passaic Valley
Sewer Authority 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 ppm and/or whose SS
concentration exceed 300 ppm 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 ppm 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 ppm or less shall be calculated pursuant to the calculation
for conveyance and treatment fees. The surcharge fee formula follows:
|
Factor base x volume of usage x BOD-5 in excess of 300 ppm x
SS in excess of 300 ppm
|
B.
Conveyance and treatment fee. The North Hudson Sewer Authority or
Passaic Valley Sewer Authority shall develop a user fee rate per 1,000
gallons of sewerage 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 such rate times the volume of discharge of such discharger.
The conveyance and treatment fee formula follows:
|
Conveyance cost + treatment cost - surcharge fees - other revenues/flow
|
[Amended 5-21-2013]
Prior to the commencement of the fiscal year, the North Hudson
Sewer Authority or Passaic Valley Sewer Authority 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 Union City regarding such budget, with notice
of such public meeting being posted at Union City's 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 of Union City
at least 30 days prior to the meeting.
[Amended 5-21-2013]
The billing of all customer accounts is the responsibility of
the North Hudson Sewer Authority or Passaic Valley Sewer Authority
and shall be done at the discretion of the North Hudson Sewer Authority
or Passaic Valley Sewer Authority but not less frequently than annually
and not more frequently than quarterly. North Hudson Sewer Authority
or Passaic Valley Sewer Authority may bill any and all users situated
in Union City.
[Amended 5-21-2013]
The payment of all bills for user fees levied by the North Hudson
Sewer Authority or Passaic Valley Sewer Authority are due within 45
days of issuance by the City, and Union City may impose penalty fees
for the late payment or nonpayment of such bills. Union 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. Union 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 by Union
City.
