Borough of Milford, NJ Chapter 42 Water Department

[HISTORY: Adopted by the Council of the Borough of Milford 9-9-1991 by Ord. No. 555-91; amended in its entirety 11-15-2021 by Ord. No. 930-2021. Subsequent amendments noted where applicable.]

§ 42-1 Definitions.

Unless otherwise set forth herein or unless the context clearly requires a contrary meaning, the following terms shall be defined as follows:

BOROUGH

The Borough of Milford in the County of Hunterdon and State of New Jersey.

COMMISSIONER

The Commissioner of the Milford Borough Water Department, as established herein.

COUNCIL

The Common Council of the Borough of Milford.

DEP

The New Jersey Department of Environmental Protection.

DEPARTMENT

The Milford Borough Water Department, as established herein.

SUPERINTENDENT

The Superintendent of the Milford Borough Water Department, as established herein.

§ 42-2 Continuation of Department.

The Milford Borough Water Department, as the same exists on the date of the adoption of this chapter, together with all additions, accretions and replacements, is hereby continued and shall perform all of the duties and exercise all of the powers set forth in this chapter or as may, from time to time, be delegated to it.

§ 42-3 Duties.

The Department, as herein constituted, is charged with the duty of providing an adequate supply of potable water to the Borough and its inhabitants, as well as to those persons residing or located without the Borough who, by contract or otherwise, receive water service from the Department, and to the fire hydrants within the Borough. In fulfilling this duty, the Department shall be responsible for:

A. The individual meters and structures.

B. The maintenance and repair of all wells, reservoirs and pumps feeding said mains and lines.

C. The location of and siting of new wells, reservoirs and water sources as needed.

D. The installation, maintenance and repair of all purification and chlorination systems.

E. The storage and maintenance of equipment, parts and the like required for the operation of the system.

F. The making, keeping and maintaining of all records necessary to the monitoring of the system as required by the DEP and otherwise.

G. The making, keeping and maintaining of billing records, the reading of water meters and the processing and collecting of moneys for water usage from the customers of the system.

H. Without limitation, the doing of any and all acts necessary or desirable to ensure the functioning of the water supply system, with such other duties as may be, from time to time, assigned to the Department by the Council.

§ 42-4 Organization.

The Borough Water Department shall consist of a Commissioner, Certified Public Works Manager, Superintendent and such additional or alternate employees of the Borough as may, from time to time, be assigned to the Department by the Council and the Commissioner.

§ 42-5 Water Commissioner.

The Water Commissioner shall be that member of the Council as may be assigned from time to time by the Mayor and Common Council. The Commissioner shall act as a liaison between the Council and the Department, shall report to the Council from time to time as to the status and needs of the Department and shall transmit the directives of the Council to the Department and oversee the Superintendent and employees to ensure that the work of the Department is carried out thoroughly, safely and efficiently and in full compliance with all requirements of law.

§ 42-6 Water Superintendent.

A. The Water Superintendent shall be the operation head of the Water Department. He shall be appointed by the Council for a term of one year and shall be eligible for indefinite reappointment. Prior to his appointment, he shall possess all licenses required by the DEP for such a position and shall additionally satisfy any and all criteria established by the Common Council.

B. The Water Superintendent shall:

(1) Prepare and submit a monthly Superintendent's report to the Commissioner, Mayor and Council.

(2) Prepare and submit operators' reports required by the DEP or other regulatory agencies.

(3) Arrange for all sampling and laboratory work required by the DEP or other regulatory agencies.

(4) Be present at all scheduled inspections by the DEP or other regulatory agencies.

(5) Respond to emergencies in a supervisory capacity.

(6) Prepare and assist in the promulgation of the Department budget.

(7) Arrange for utility stakeout of water system facilities when requested by others prior to excavation within the Borough's streets or rights-of-way.

(8) Be responsible for general operations, preventative maintenance and the monitoring and storage of supplies and spare parts for the system and the Department.

(9) Participate in continuing education as required by the DEP or other regulatory agencies or by the Commissioner or the Common Council.

(10) Generally, and without limitation, do any and all acts which may be necessary or desirable to the efficient, safe and thorough operation of the Department, as well as such acts as may be assigned to him by the Commissioner or the Council.

§ 42-7 Clerical duties; labor duties.

A. Clerical duties for the Department, including billing and the collection of funds, shall be performed by such person or persons as may be designated by the Council to perform such duties. The person or persons so designated shall, on a quarterly basis, report to the Commissioner on the amount of water usage billed, the amounts collected and the amounts remaining unpaid.

B. Labor duties, including the reading of meters for the Department, shall be performed by such person or persons employed by the Borough for general maintenance or labor purposes as may be designated by the Council or the Commissioner. When so designated and functioning as such, such person or persons shall be responsible to the Superintendent and Commissioner.

§ 42-8 Professional services.

The Water Department shall have access to the services of the Borough Engineer, Attorney and Auditor as needed, upon the approval of the Commissioner and Council.

§ 42-9 Compensation.

Except as to the Water Superintendent, all employees of the Department shall be paid the wages or salary which they would receive as employees of the Borough, without additional compensation for their assignment to the Department.

§ 42-10 Regulations.

The following regulations shall be considered a part of the contract with every person who uses water, and the fact of using water shall be considered as expressing assent on the part of the user to be bound thereby:

A. All applications for the use of water shall be made by the record owner of the property, or, if such property is located within an area designated as an area in need of redevelopment, by the redeveloper of record with consent of the owner if different than the designated redeveloper, (hereinafter collectively referred to as the "property owner") on forms furnished by the Milford Borough Water Department and shall state fully all uses to which the water is to be applied, and, should it subsequently be required for other purposes, notice shall be given by the owner before any change is made.

B. A supply of water for building or other special purposes shall be separately applied for.

C. "Service connection" shall mean a pipe or pipes connected to the main and extending into privately or publicly owned property or premises for supplying Borough water thereto.

D. "Tapping" or "making a tap" shall mean the physical act of breaking into a main to install a service connection.

E. "Water service tap installation" shall mean the curb box and the portion of the service connection which connects the curb box to the water main and lies generally within the street right-of-way.

F. "User service line" shall mean the length of pipe, lying generally outside of the street right-of-way, which connects the curb box to the building to be served with water, and shall include a water meter installed in an underground pit, as directed by and to the specifications of the Borough of Milford Water Department. Installation of meters in any building shall be performed only when, and as permitted by, the Water Department, upon the Department's determination that the meter installation in an underground pit is not feasible. The user or property owner shall be responsible for installation of the user service line, except that water meters on all user service lines not exceeding a two-inch diameter shall be provided and installed by the Water Department.

§ 42-11 Water service initial connection or change-in-size connection.

The service initial connection or change in size connection fee shall be as indicated in Chapter 10, Fees, § 10-5A.

A. No water service connection or user service line shall be installed unless it conforms to specifications promulgated by the Water Department. A copy of such specifications shall be kept on file with the Water Department and shall be open to inspection by any person interested. The installation shall be done by a plumber qualified to do plumbing work under municipal regulations.

B. Type K copper or H.D.P.E. lines (with tracer wire) shall be used for all service lines from the main to the curb box if said lines do not exceed one inch in diameter. Larger-diameter service lines shall be as directed by the Water Superintendent or Borough Engineer.

C. Any run of copper waterline one inch in diameter or less and less than 100 feet in length shall be one continuous run without couplings unless otherwise approved, in writing, by the Water Superintendent.

D. The service initial connection or change-in-size connection fee shall be due and payable upon the filing of an application for a water connection permit with the Borough of Milford Water Department on such forms and subject to such information, documentation and data as may be required by the Water Department. Any extra inspection costs shall be due and payable prior to the water service being activated.

§ 42-12 Building connection required.

The construction or drilling of a private water supply system for human consumption, irrigation or any other purposes whatsoever shall be prohibited after August 1, 1995, provided that any private residences having an already approved private water supply system shall not be required to connect to the public water supply system within the Borough.

§ 42-13 Waterline leaks.

A. Notice. In the event of a leak to a waterline, the Milford Borough Water Department (the "Department") shall notify the property owner ("owner") and/or user of the property by the following methods:

(1) By personally delivering written notice of said leak to the property owner and/or user of the waterline.

(2) By affixing the written notice of said leak to a prominent/conspicuous location at the property.

(3) In the event that the Department utilizes Subsection A(2) for the purpose of providing notice, the Department shall also notify the owner by regular and certified, return receipt requested, United States mail of the aforesaid leak.

B. Repairs by owner/user. In the event that the Department utilizes Subsection A(2) for notification purposes, the Department shall permit the owner and/or user seven days from the date upon which notice was provided in order to make any necessary repairs to the waterline. The seven-day period shall commence upon the day following the date upon which said written notice was affixed to the property or the date upon which the written notice was mailed pursuant to Subsection A(3), whichever is earlier.

C. Termination of water service. In the event that the owner and/or user fails to repair the leak(s) to the waterline within seven days from the date upon which notice was provided, the Department shall suspend all water service until such time as repairs are made.

D. Reconnection rates. The Department shall not return water service to the property until such time as a fee as prescribed in Chapter 10, Fees, of this Code has been paid for the reconnection of water services during normal business hours (7:00 a.m. to 3:30 p.m.), Monday through Friday, excluding holidays, or for the resumption of water services during nonbusiness hours.

E. Responsibility. For purposes of this section, owners shall be responsible for the waterlines from the Borough's curb stop, whichever is nearest to the water main in the street. In the event of multiple curb stops, the curb stop closest to the water main will be the extent of the Borough's responsibility.

§ 42-14 Charges and rates.

The following charges, rentals and rates are hereby fixed to be charged to all customers, both private and municipal:

A. Water usage rates. Where the Milford Borough Water Department has installed meters for determining the level of water usage by the customers of the Milford Borough Water Department, the water usage rates as prescribed in Chapter 10, Fees, of this Code shall apply.

B. Multiple uses.

(1) For purposes of this subsection, the following terms shall have the following meanings, unless a contrary meaning is stated or clearly implied:

SEPARATE AND DISCRETE USE

Any occupancy of a structure, whether for residential, commercial or industrial purposes, which is separate and distinct from any other occupancy or use in such structure.

USER

Any structure connected to the Milford Borough water supply system by a single waterline and meter, irrespective of the number of separate and discrete uses therein.

(2) Notwithstanding anything contained in Subsection A of this section, in any user containing two or more separate and discrete uses, as herein set forth, the owner of such user shall be charged the rate set forth in § 10-7C(1) of this Code for each such separate and discrete use, without regard to the actual gallonage of water used by each such use or the user as a whole. Thereafter, the rates charged for usage of water in excess of the base rate as set forth in § 10-7C(2) of this Code shall not be charged to a user until his use exceeds the base gallonage established in § 10-7C(2) of this Code multiplied by the number of separate and discrete uses in the user, and the rates charged for usage of water in excess of the rate set forth in § 10-7C(3) of this Code shall not be charged to a user until his use exceeds the gallonage established in § 10-7C(3) of this Code multiplied by the number of separate and discrete uses in the user.

(3) The provisions of this section shall not apply to any separate and discrete use which is separately connected to the Milford Borough water supply system with its own separate meter; such uses shall be billed as provided in Subsection A of this section.

(4) The Water Department shall have the power to inspect any user to determine whether or not there is present therein a separate and discrete use, as defined herein. A failure to permit or otherwise cooperate with such inspection shall subject the owner of such user to a billing based upon an estimation of the presence of such use. The Joint Land Use Board, Zoning Officer and Building Office shall advise the Water Department of any permit issued by them or any of them which creates or continues a separate and discrete use in any user.

C. Fire rates. The fire rates shall be as prescribed in Chapter 10, Fees, of this Code.

§ 42-15 Quarterly fee.

A. Purpose; applicability.

(1) The purpose of this section is to provide a set fixed quarterly fee for the provision of water to customers of the Milford Borough Water Department.

(2) Applicability.

(a) The quarterly fee established herein is applicable to all customers of the Milford Borough Water Department, including but not limited to industrial, commercial, residential or governmental users, unless specifically exempted by other applicable provisions of the Borough of Milford.

(b) The fee established herein is a fixed fee that shall be charged in addition to the per-gallon usage rates in Chapter 10, Fees, of this Code that will apply.

B. Establishment of fee and due date for payment.

(1) The following fixed fee is established for the provision of water service to all customers of the Milford Borough Water Department: All customers of the Milford Borough Water Department will be charged a fee as prescribed in Chapter 10, Fees, of this Code.

(2) The fixed fee established herein is due upon billing and must be paid with the quarterly water service bill. Failure to pay the same when due will constitute cause for termination of water service.

§ 42-16 Collection of water charges.

Collection of all water charges shall be due and payable quarterly on the first day of March, June, September and December.

§ 42-17 Charges for delinquent payments.

In the event of nonpayment of water charges, said delinquent charges shall bear interest at the rate of 8% per annum from the date the same become due and payable; provided, however, that no interest shall be due and payable if payment in full is made within 30 days of the date upon which it is due. All charges shall become a lien upon real estate, and the Borough shall collect the same, together with interest, costs and penalties, in the same manner as is used in the collection of taxes upon real estate.

§ 42-18 Application for connection; fees.

A. Any person desiring to connect with the water mains of the Borough shall make a written application through the will-serve letter to the Water Department. Connections shall be made by the Water Department at its earliest convenience following the receipt of a completed application and the appropriate fee.

B. For purposes of this section, a connection shall be deemed to include the physical tapping of the water main and the installation of a connection, the installation of a connector line from the main to and through the curbline and the installation of a curb stop and the supply and inspection of a water meter for installation by the applicant. All other aspects of the connection shall be the responsibility of and at the expense of the applicant.

C. The fee charged for connecting with the water mains shall be as prescribed in Chapter 10, Fees, of this Code.

§ 42-19 Use of water.

A. Customers supplied with water under a flat-rate contract shall not be permitted to use the water for any other purpose than stated in the application or agreement, nor to supply water in any way to any other person, house or premises without a written permit from the Water Department. No additions, alterations or extensions shall be made or caused to be made in any water pipes or fixtures without giving notice or such proposed additions or alterations, and the rate charges shall be prorated from the date on which the additions and extensions are made.

B. The use of water for power purposes is prohibited except by meter service.

C. All connections shall meet the standards as approved by the New Jersey Department of Health as relating to connections and cross-connections.

D. No person except the Water Superintendent or other authorized person shall take water from any public fire hydrant or hose plug, except for the use of the Fire Department in case of fire or for drills; and no public fire hydrant shall be used for sprinkling streets, flushing sewers or gutters or for any other than fire purposes except with the approval of the Water Department.

E. The Water Department reserves the right to make changes from time to time in its rates, rules and regulations.

F. All persons using water shall keep the water pipes and fixtures within their premises, together with the service pipe to the main, in good repair and protect the same from frost at their own expense. If the owner of any premises neglects or refuses to repair a leak within 24 hours after the receipt of notice from the Water Department directing the repairs, the water supply for such premises shall be shut off at the main or at the curb, and service shall not be resumed for the premises until after all repairs ordered have been made and expenses incurred by the Water Department have been paid to it.

G. Owners of premises shall be held responsible for the cost of water consumed by the tenants, and unpaid water rents shall become a lien on the property.

H. All water service lines shall be repaired and maintained by and at the expense of the property owner. Where it becomes necessary for the property owner to repair a service line, only such service lines as in the opinion of the Superintendent are in a sufficiently good condition to warrant these repairs shall be allowed to remain in the grounds. All other services lines shall be replaced with a new line. Whenever service lines are replaced or repaired, any trench shall be left open for inspection and approved by the Water Department.

§ 42-20 Unauthorized use of Borough apparatus and termination of service.

A. Where more than one property is serviced by one private line from one curb box, the owners shall provide a curb box and shutoff valve outside each building so that service to each property may be cut off without disturbing the service to the other properties, and the Water Department shall have the right at any time to enter the properties to shut off and turn on the water.

B. The stopcock at the curb shall be opened and closed only by the Superintendent of the Water Department or his agent or by any other person having written permission from the Superintendent to do so. Any unauthorized person who opens or closes the stop at the curb shall be subject to a fine not exceeding $1,000.

C. No rebate shall be allowed customers for temporary discontinuance of service unless the water is turned off and on by an agent of the Water Department upon written application to the Water Department office. A charge as provided in Chapter 10, Fees, shall be made for either turning off or turning on the water. The customer shall be held responsible for all charges accruing for water service until written notice has been given to the office of the Water Department to discontinue the supply.

D. Any owner or customer who vacates or sells property which is connected to the supply of the Water Department without giving written notice to the Water Department to discontinue service prior to such vacancy or change shall be held responsible for all charges accruing on the premises.

E. As necessity may arise, in case of breakdown, emergency or any other unavoidable cause, the Water Department shall have the right to temporarily cut off the water supply to make necessary repairs, connections, etc., but the Water Department shall use reasonable and practicable measures to notify the consumer of discontinuance of service.

F. The Water Department reserves the right without liability to require discontinuance of use of water through outside faucets or hose connections if the supply of water is inadequate or in case of breaks, repairs or extensions to mains.

G. Service may be discontinued by the Water Department for any of the following reasons:

(1) For the use of water for any other property or purpose than that described in the application.

(2) Under the flat-rate service, for addition to property or fixtures, or increase without notice to the Water Department in the use to be made of water supply.

(3) For willful or careless waste of water through improper or imperfect pipes, fixtures or otherwise.

(4) For failure to maintain in good order connections, service lines or fixtures owned or controlled by the applicant.

(5) For tampering with or damaging any service pipe, meter, curb, stopcock, seal or any other appliance of the Water Department.

(6) In case of vacancy of premises.

(7) For nonpayment for water service or any other charges accruing under the application.

(8) For refusal of reasonable access to property for purposes of inspection, installation, replacement or repair.

(9) As provided in Subsection D.

(10) As provided in Subsection F.

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

I. Service shall be renewed under a proper application when conditions under which service was discontinued are corrected and upon the payment of all proper charges due from the customer as provided in the schedule of rates or tariffs of the Water Department.

J. In the event that the valve or curb stop has been shut off for nonpayment of charges, the same shall not be opened and service restored until all delinquent charges, together with interest, shall have been paid, together with a reconnection charge as prescribed in Chapter 10, Fees, of this Code.

§ 42-21 Violations and penalties.

No person, except an authorized employee of the Department, shall turn any valves or curb stops connecting a user to the water mains. Any person violating the provisions of this section shall be subject, upon conviction, to a fine of not more than $1,000 or imprisonment for a period of not more than 90 days, or both.

§ 42-22 Adoption of rules and regulations.

The Council may, from time to time, by resolution, provide for the adoption of such rules and regulations as may seem necessary and desirable for the proper regulation of the Department, which rules and regulations shall, upon adoption, be binding upon the Department and all employees thereof or assigned thereto.

§ 42-23 Meters.

A. All existing and new services shall be metered.

B. There shall be no outlets on the street side of the meter. A free, unobstructed space for the meter must be protected from freezing; the area adjacent thereto must be kept free of rubbish and obstructions, and all meters must be located so as to be readily accessible for reading, testing, repair or removal when required. The owner shall provide at his expense:

(1) An inlet and outlet shutoff valve.

(2) Suitable provision for the meter to be mounted per meter specification.

C. The Water Department will install a remote readout wherever feasible to a place designated by the Department.

D. For all existing buildings, the owner of each property now using water supplied by the Water Department and desiring to continue the same and each applicant for new water service shall provide a suitable place for the installation of the type of meter in common use by the Water Department, with a readily accessible shutoff valve between the meter and the main; if this is impossible and a special outdoor meter is used, the owner shall pay the additional cost of such special outdoor meter.

E. When a meter is to be installed and the pipe or pipes to which it is to be connected are in such poor condition that, in the opinion of the Superintendent of the Water Department, they may be broken or damaged by the installation, the Superintendent shall serve written notice on the owner to repair or replace the pipes within 40 days so that the meter may be safely installed. If such repair or replacement is not completed within 30 days, the water service may be discontinued.

F. Property owners shall be held responsible for damages done to meters from any cause whatsoever. Cost of repairs or replacement shall be charged against and billed to the property owner.

G. Should a consumer believe that the meter is not registering properly, the consumer shall file a complaint with the Department and the meter shall be removed and tested by the Department. If it is found to register against the consumer by more than 3% inaccuracy, there shall be no charge for removing, repairing and resetting the meter. If the meter is found to register against the consumer by less than 3%, the customer shall pay for testing of the meter. The Department shall have the right to make periodic tests of all meters at no cost to the consumer.

H. If a meter is out of order and fails to register, the consumption shall be charged at the average consumption over the previous year or as long as the meter has been installed if less than a year.

I. All meters over one inch shall be purchased and installed by the property owner to the specifications of the Water Department.

J. If the Water Department is replacing or repairing the line from the main to the curb stop and reconnection needs to be made on the homeowner's side of the curb stop and the homeowner's line is deteriorated, the Water Department will not be responsible for the resulting leak at the place of repair beyond 365 days and it will be the homeowner's responsibility to replace or repair.

K. Readings on the water meter, unless broken or proven inaccurate by a test, shall be taken as true and will be billed as such. All water recorded on the meter will be charged to the property owner.

L. If a meter is installed over 100 feet from the curb stop, a meter pit must be installed.

§ 42-24 Water meter requirements.

All water must be metered. The Water Department will furnish a 5/8-inch by 3/4-inch meter for 3/4-inch and one-inch services. The property owner requesting installation of a meter one inch in size or greater shall purchase the meter; such a meter is to be purchased from or approved by the Milford Borough Water Department. The property owner shall pay for the cost of installation of water meters. All water meters must be installed according to the water meter manufacturer's published specifications. All water meters must be accompanied by a remote meter reading device located on the outside of the building in a location agreed upon by the property owner and the Water Department.

A. The water meter and remote meter reading device shall be installed and shall remain in a location that is readily accessible to the Water Department and which has been approved by the Water Department. Absent special circumstances, the water meter is to be located as close to the entrance of the waterline into the building as possible. The water meter and remote meter reading device may not be blocked or covered up.

B. The location of the water meter and the remote reading device may not be changed without written permission from the Water Department.

C. The Water Department may shut off the water supply of any customer found to be in noncompliance of any section or subsection of Chapter 42. Whenever the valve or curb stop has been shut off for noncompliance, turnoff and turn-on charges as specified in Chapter 10, Fees, of this Code shall apply.