[Amended 8-4-1987 by Ord. No. 436-87; 6-20-1989 by Ord. No. 485-89; 10-1-1991 by Ord. No. 579-91; 11-8-1995 by Ord. No. 803-95; 9-9-1998 by Ord. No. 956-98; 9-10-2008 by Ord. No. 1435-2008; 6-29-2010 by Ord. No. 1515-2010; 6-8-2011 by Ord. No. 1562-2011; 5-30-2012 by Ord. No. 1637-2012; 7-10-2013 by Ord. No. 1687-2013; 5-28-2014 by Ord. No. 1725-2014; 5-27-2015 by Ord. No. 1767-2015; 5-25-2016 by Ord. No. 1813-2016; 7-13-2016 by Ord. No. 1816-2016; 4-26-2017 by Ord. No. 1844-2017; 5-9-2018 by Ord. No. 1884-2018; 6-26-2019 by Ord. No. 1910-2019; 3-30-2020 by Ord. No. 1936-2020; 5-26-2021 by Ord. No. 1973-2021; 6-9-2021 by Ord. No. 1975-2021; 6-14-2023 by Ord. No. 2093-2023]
The charges for all users of the Middlesex County Utilities Authority sewerage treatment works and the City of Perth Amboy collection systems operation and maintenance works shall be as set forth herein.
A. 
Residential users. Sewer use charges shall be based on the amount of water consumed.
(1) 
For users supplied with 500 cubic feet, or less, of water per quarter, a flat sewer use rate shall be as follows:
Effective
7/1/2023
Effective
1/1/2024
Effective
1/1/2025
Effective
1/1/2026
Effective
1/1/2027
$31.25
$33.51
$35.93
$38.52
$41.30
Per quarter
(2) 
For users supplied with more than 500 cubic feet of water, the sewer use charges shall be the sum of the flat rate plus the following:
Effective
7/1/2023
Effective
1/1/2024
Effective
1/1/2025
Effective
1/1/2026
Effective
1/1/2027
$6.24
$6.69
$7.17
$7.69
$8.24
Per 100 cubic feet of water supplied in excess of 500 cubic feet
B. 
Commercial users without discharge meters and not having a monitoring program. Sewer use charges shall be based on the amount of water consumed. Commercial users are considered all non-industrial businesses and any multi-dwelling residential unit of five or more units which are not individually metered. Those accounts which have been billed erroneously due to a conversion error have and will be retroactively adjusted to January 1, 2019, the time of conversion. Those accounts which were billed erroneously for the history of the account will begin to pay the correct rate effective the next billing cycle after the error was detected.
(1) 
For users supplied with 500 cubic feet, or less, of water per quarter, a flat rate shall be charged as follows:
Effective
7/1/2023
Effective
1/1/2024
Effective
1/1/2025
Effective
1/1/2026
Effective
1/1/2027
$52.12
$55.89
$59.92
$64.25
$68.89
Per quarter
(2) 
For users supplied with more than 500 cubic feet of water, the sewer use charges shall be the sum of the flat rate plus the following:
Effective
7/1/2023
Effective
1/1/2024
Effective
1/1/2025
Effective
1/1/2026
Effective
1/1/2027
$10.42
$11.18
$11.98
$12.85
$13.78
Per 100 cubic feet of water supplied in excess of 500 cubic feet
C. 
Commercial users with discharge meters but not having a monitoring program. Sewer use charges shall be based on actual sewage discharge.
(1) 
For users discharging 500 cubic feet, or less, a flat rate shall be charged as follows:
Effective
7/1/2023
Effective
1/1/2024
Effective
1/1/2025
Effective
1/1/2026
Effective
1/1/2027
$74.54
$79.93
$85.71
$91.90
$98.53
Per quarter
(2) 
For users discharging more than 500 cubic feet, the sewer use charges shall be the sum of the flat rate plus the following:
Effective
7/1/2023
Effective
1/1/2024
Effective
1/1/2025
Effective
1/1/2026
Effective
1/1/2027
$14.92
$15.99
$17.15
$18.39
$19.71
Per 100 cubic feet of discharge in excess of 500 cubic feet
D. 
Industrial users not having a monitoring program. Sewer use charges shall be based on actual discharge by users with discharge meters and based on the amount of water consumed by users without discharge meters.
(1) 
For users supplied with 500 cubic feet of water [or discharging 500 cubic feet], or less, as applicable, a flat rate shall be charged as follows:
Effective
7/1/2023
Effective
1/1/2024
Effective
1/1/2025
Effective
1/1/2026
Effective
1/1/2027
$74.54
$79.93
$85.71
$91.90
$98.53
Per quarter
(2) 
For users supplied with more than 500 cubic feet of water [or discharging more than 500 cubic feet], as applicable, the sewer use charges shall be the sum of the flat rate plus the following:
Effective
7/1/2023
Effective
1/1/2024
Effective
1/1/2025
Effective
1/1/2026
Effective
1/1/2027
$14.92
$15.99
$17.15
$18.39
$19.71
Per 100 cubic feet in excess of 500 cubic feet
E. 
Industries with a monitoring program.
(1) 
A significant indirect user (SIU) serviced by the treatment works which discharges pollutants of biochemical oxygen demand (BOD) and suspended solid (SS) concentrations equivalent to at least an allowance for domestic biochemical oxygen demand (BOD) and suspended solids (SS) concentration of 250 parts per million and 220 parts per million will be charged as follows:
Effective
7/1/2023
Effective
1/1/2024
Effective
1/1/2025
Effective
1/1/2026
Effective
1/1/2027
$14.92
$15.99
$17.15
$18.39
$19.71
Per 100 cubic feet of water discharged per billing period. If an SIU serviced by the treatment works discharges pollutants with concentrations of BOD and SS rates higher than the allowance concentration of BOD and SS of 250 parts per million and 220 parts per million, then it will be charged additional at the rate included in the equivalent residential rate. The rate to industry shall not be less than rate charged per 100 cubic feet of water discharged set forth herein.
(2) 
Additional rates are as follows as applicable:
(a) 
Biochemical oxygen demand (BOD): $0.45 per pound.
(b) 
Suspended solids (SS): $0.44 per pound.
(c) 
Chlorine demand (CD): $0.35 per 1,000 cubic feet of water.
F. 
The City of Perth Amboy reserves the right, where the quantities of waste concentration of any pollutant exceed the standard concentration of 250 parts per million, 220 parts per million biochemical oxygen demand (BOD) and suspended solids (SS) and a chlorine demand concentration of 13 parts per million, to charge any user as an industry with a monitoring program. The user will be required to sample facilities and be charged under the monitored industrial category as described above.
Sampling, monitoring and analysis shall be accomplished by each SIU at its own expense, and the records thereof shall be made available to the City and/or MCUA. If sampling and cost analysis is performed by the City and/or MCUA, the cost shall be assessed by the owner.
Any SIU discharging into the treatment works who claims to be unable to install a meter, gauge or other suitable measuring device after being so ordered by the City may submit in writing to the City a request for an extension of time in which to install such meter, gauge or other suitable measuring device. In the event that the City grants an extension, the user shall install a meter, gauge or other suitable measuring device on or before the extended date fixed and prescribed by the City. The SIU shall pay sewer use charges on or before the extended date fixed and prescribed by the City. Prior to completion of such installation, the City shall estimate the amount of discharge and user charge into the treatment works. The estimated discharge quantity and quality and user charge shall be submitted to the City Council for approval or modification, and the decision of the City Council with respect thereto shall be binding the final unless modified by a court of competent jurisdiction following any review thereof permitted by law. Such user charges computed at the rate defined herein for the estimated sewage discharged into the sewer system shall be done and payable at such time.
Any SIU of the treatment works subject to sewer use charges who fails to submit a written request to the City for a specified extension of time within which to install a meter, gauge or other suitable measuring device and any SIU of the treatment works subject to user charges whose written application is denied by the City shall pay sewer user charges computed in the manner set forth in Article VI, § 365-29.
In all cases in which users of said sewage system are not supplied with water from the City of Perth Amboy Water Department, the charge for the use of sewerage system shall be based upon the actual discharge as measured by a meter to be installed by the SIU; provided, however, that when, in the judgment of the City, such charges may be reasonably accurately estimated, the initial charges may be based upon the SIU estimate of actual discharge quality and quantity.
In any other case where the charges for sewer services cannot be reasonably measured based on water consumption during the measuring period, the initial and any subsequent charges shall be based upon an estimate of discharges which may be revised as necessary.
A. 
The bills for sewer use charges shall be prepared by the Department of Municipal Utilities of the City and collected at the same time and in the same manner as water bills. Each user shall be notified annually of the sewer use charge and the portion associated with operation, maintenance and replacement and the portion associated with debt service.
B. 
Interest will be charged at the legal statutory rate set for property taxes by the governing body on any sewer user bill which is not paid within 30 days from date of issue.
C. 
Charges for sewerage service shall be made quarterly in advance.
D. 
The City reserves the right to bill certain SIU accounts monthly. Charges will be adjusted for this interval where appropriate.
[Amended 11-8-1995 by Ord. No. 803-95[1]]
[1]
Editor's Note: This ordinance provided for the repeal of former Subsection D, establishing retroactive rates, amended 2-4-1986 by Ord. No. 396-86 and 4-1-1986 by Ord. No. 401-86, and the relettering of Subsection E as D. It also provided that the effective date would be 12-1-1995.
E. 
Payments received for water and sewer service will be applied first to any outstanding sewer bills and then to any outstanding water bills.
[Added 9-9-1998 by Ord. No. 956-98]
Sewer user charges shall constitute a lien upon the real property served by the treatment works to the extent set forth in N.J.S.A. 40:63-1 et seq.[1]
[1]
Editor's Note: N.J.S.A. 40:63-1 et seq. was repealed by P.L. 1991, c. 53. See now N.J.S.A. 40A:26A-1 et seq.
The City may enforce the collection of delinquent sewer user charges pursuant to N.J.S.A. 40:63-8.[1]
[1]
Editor's Note: See now N.J.S.A. 40A:26A-12.
If any user on which a sewer user charge has been imposed deems himself aggrieved because such real property is not served by the sewer system or an error has been made in computing such sewer user charge, he may file an application for a refund of all or part of such sewer user charge. Such application shall be verified by him and shall set forth the amount of refund sought and the grounds therefore. Such application shall be presented to the Director of the Municipal Utilities, and he shall forward such application to the City Council with his recommendation in relation thereto. The City may refund all or part of such sewer user charge upon proper resolution by City Council.
[Amended 6-20-1989 by Ord. No. 485-89]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $1,000; or by a period of community service not exceeding 90 days; and each violation of any of the provisions of this chapter and each day the same are violated shall be deemed and taken to be a separate and distinct offense.