[1]
Editor's Note: Water Rates and Charges originally adopted by Ord. No. 78-19 was amended by Ord. No. 80-60; Ord. No. 82-2; Ord. No. 87-6; Ord. No. 88-3; Ord. No. 89-5; Ord. No. 91-9; Ord. No. 92-10; Ord. No. 94-7 and Ord. No. 95-11.
[Ord. No. 97-6 § 1; Ord. No. 00-5 § 1; Ord. No. 01-11 § 1; Ord. No. 02-13 § 1; Ord. No. 06-4 § 1; Ord. No. 09-10 § 1; Ord. No. 10-04 § 1; Ord. No. 11-04 § 1; Ord. No. 12-01 § 1; Ord. No. 13-03 § 1; Ord. No. 14-10 § 1; Ord. No. 2015-01; Ord. No. 2016-02 § 1; Ord. No. 2017-10; 1-18-2018 by Ord. No. 18-01; 2-21-2019 by Ord. No. 19-01; amended 1-16-2020 by Ord. No. 20-01; 1-21-2021 by Ord. No. 21-01; 1-20-2022 by Ord. No. 22-01; 1-19-2023 by Ord. No. 23-01]
A fixed charge, known as the "service charge," will be made to each consumer for each meter based on the size of the meter or connection regardless of the amount of water consumed, as follows:
5/8-inch meter (average 1- and 2-family homes)
$56.59
3/4-inch meter
$63.70
1-inch meter
$67.90
1 1/2-inch meter
$73.53
2-inch meter
$74.96
3-inch meter
$107.40
4-inch meter
$127.20
6-inch meter
$163.87
Flush tank connection
$52.32
[Ord. No. 97-6 § 2; Ord. No. 01-11 § 2; Ord. No. 02-13 § 2; Ord. No. 06-4 § 2; Ord. No. 09-10 § 2; Ord. No. 10-04 § 2; Ord. No. 11-04 § 2; Ord. No. 12-01 § 2; Ord. No. 13-03 § 2; Ord. No. 14-10 § 2; Ord. No. 2015-01 § 2; Ord. No. 2016-02 § 2; Ord. No. 2017-10; 1-18-2018 by Ord. No. 18-01; 2-21-2019 by Ord. No. 19-01; amended 1-16-2020 by Ord. No. 20-01; 1-21-2021 by Ord. No. 21-01; 1-20-2022 by Ord. No. 22-01; 1-19-2023 by Ord. No. 23-01]
The following water rates and charges are hereby established for water supplied by the Department:
a. 
The minimum quarterly bill for metered service shall be the "service charge," entitling the consumer to 5,000 gallons of water per quarter. All water supplied through meters in excess of the minimum quarterly bill shall be charged to each consumer at the rate of:
$6.25 per 1,000 gallons over 5,000 gallons
$7.38 per 1,000 gallons over 70,000 gallons
$7.67 per 1,000 gallons over 150,000 gallons
$8.25 per 1,000 gallons over 300,000 gallons
[Ord. No. 00-5 § 1]
There shall be a one-inch water line installed from the water main to the curb box, curb shutoff, or curb stop for any new home constructed or any conversion to an existing dwelling from one-family to two-family.
[Ord. No. 97-6 § 2; Ord. No. 01-11 § 2; Ord. No. 02-13 § 2; Ord. No. 06-4 § 2; Ord. No. 09-10 § 2; Ord. No. 10-04 § 2; Ord. No. 11-04 § 2; Ord. No. 12-01 § 2; Ord. No. 13-03 § 2; Ord. No. 14-10 § 2; Ord. No. 2015-01 § 2; Ord. No. 2016-02 § 2; Ord. No. 2017-10; 1-18-2018 by Ord. No. 18-01; 2-21-2019 by Ord. No. 19-01; amended 1-16-2020 by Ord. No. 20-01; 1-21-2021 by Ord. No. 21-01; 1-20-2022 by Ord. No. 22-01; 1-19-2023 by Ord. No. 23-01]
Service
Charge
3-inch service
$226.30
4-inch service
$353.04
6-inch service
$647.25
8-inch service
$1,016.51
10-inch service
$1,267.30
12-inch service
$1,697.30
The above schedule for standby fire line and/or sprinkler connections shall be quarterly charges upon presentation of proper bills from the Water Department of the Borough of Elmwood Park.
[Ord. No. 97-6 § 4; Ord. No. 00-5 § 4; Ord. No. 01-11 § 4; Ord. No. 02-13 §§ 3, 4; Ord. No. 06-4 §§ 3 - 4; Ord. No. 08-3 § 1; Ord. No. 09-10 § 4; Ord. No. 10-04 §§ 3, 4; Ord. No. 11-04 §§ 3, 4; Ord. No. 12-01 § 4; Ord. No. 13-03 § 3; Ord. No. 14-10 §§ 3, 4; Ord. No. 2015-01 §§ 3, 4; Ord. No. 2016-02 §§ 3, 4; Ord. No. 2017-10; 1-18-2018 by Ord. No. 18-01; 2-21-2019 by Ord. No. 19-01; amended 1-16-2020 by Ord. No. 20-01; 1-21-2021 by Ord. No. 21-01; 1-20-2022 by Ord. No. 22-01; 1-19-2023 by Ord. No. 23-01]
a. 
The following are hereby established as charges for the installation, repair, replacement and other charges in connection with the operation of the Water Department of the Borough of Elmwood Park:
Type
Charge
Turn-on charge for nonpayment of water bill
$165.96
Water meter test (if meter found defective, waive fee)
$190.41 to $337.83, depends on meter size
Construction water
1-family dwelling, per day
$62.28
2-family dwelling, per day
$72.66
Water connection
$332.71
Hydrant water
Flat rate, per day
$62.28
Certified mailing, each occurrence
$25
Residential meters: (5/8 inch — 1 inch)
Reinstall meter
Installation, replacement, and repair of existing meters shall be charged at actual current cost for labor and material incurred by the Water Department of the Borough of Elmwood Park and/or Passaic Valley Water Commission.
Register face
New dial
Broken glass
New bottom
New disc
New register
b. 
All commercial users having meters in excess of 3/4 inch must have them in working order at all times. In the event said meter is inoperative, and no attempt is made for repair/replacement of same, the existing estimated bill shall be triple the existing estimated rate, upon the effective date of this ordinance. In the event no meter in excess of 3/4 inch exists, in addition to the tripled estimated bill, the landlord shall be required to purchase and install same upon written order of the Superintendent of Public Works.
c. 
In the event that payment for water charges is in arrears for 30 days from the date of billing, the Borough shall send a delinquent notice by regular mail to the owner, occupier, user or responsible party being billed. After 60 days, a door tag shall be hand-delivered to terminate water service. On the 67th day of nonpayment from the date of billing, water service will be terminated and not reinstated until all fees and penalties are paid in full in cash.
$162.71 turn-on fee is made to the Borough of Elmwood Park.
d. 
In the event that water charges are in arrears, after 60 days, a door tag will be hand-delivered to terminate water service and a fee of $40 will be assessed on the delinquent water bill.
[Ord. No. 97-6 § 5; Ord. No. 01-11 § 5; Ord. No. 02-13 § 5; Ord. No. 06-4 § 5; Ord. No. 09-10 § 5; Ord. No. 10-04 § 5; Ord. No. 11-04 § 5; Ord. No. 12-01 § 5; Ord. No. 14-10 § 5; Ord. No. 2015-01 § 5; Ord. No. 2016-02 § 5; Ord. No. 2017-10; 1-18-2018 by Ord. No. 18-01; 2-21-2019 by Ord. No. 19-01; amended 1-16-2020 by Ord. No. 20-01; 1-21-2021 by Ord. No. 21-01; 1-19-2023 by Ord. No. 23-01]
All unpaid water charges as of December 31 of the present year shall become a tax lien on said premises.
[1969 Code § 85-1]
No person shall use water drawn from the municipal water supply system for the purpose of sprinkling or watering lawns, trees or shrubbery, between the hours of 3:00 p.m. to 10:00 p.m., during the months of June, July, August and September.
[1969 Code § 85-2; New]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[Added 1-16-2020 by Ord. No. 20-02]
The intent of this section is to establish rules and regulations governing the installation, use and discharge of sump pumps or other groundwater conveyance systems and to establish the structure and penalties required to enforce said rules and regulations.
As used in this section, the following terms shall have the meanings indicated:
NUISANCE
Any act or physical condition in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of the premises where said conditions are created or exist.
PREMISES
A lot, plot of land, right-of-way or multiple thereof, including the building or structures thereon.
a. 
It shall be unlawful for any owner or occupant of any premises to direct or allow any stormwater, surface water, or groundwater to drain into the street, right-of-way, or onto neighboring properties.
b. 
It shall be unlawful for any owner or occupant of any premises to direct into or allow any stormwater, surface water, or groundwater to drain into the sanitary sewer system of the Borough of Elmwood Park.
[Amended 12-16-2021 by Ord. No. 21-28]
a. 
Any sump pump that is discharged to the street, right of way, or premises that is not creating a nuisance prior to the passage of this section will be exempt; however, if at any time after the passage of this section the conditions change and the discharge creates said nuisance, it will be considered non-compliant, and must be rectified in accordance with this section.
b. 
Exemptions is hereby allowed by the Borough, in the form of a seasonal waiver, which would allow the property owner to temporarily discharge directly into the street, right of way, between the April 1rst through October 31 of each year. However, the property owners shall not be allowed by the Borough, to discharge said water into the street, right of way, from November 1, through March 31.
c. 
The property owners shall allow a Borough employee or designated representative of the Borough to certify that, prior to November 1 of each subsequent year, their discharge water connection has been removed from discharging water into the street, right of way, of the Borough. Failure to provide such certification shall place the property owner in violation and subject to the surcharge penalty as required under this section.
d. 
The property owner may request from the Borough and exemption by submitting said request on an official form to be provided by the Borough Building Department for an exemption to be granted in the form of non-seasonal waiver for a particular property owner who can demonstrate undue hardship because of unique or extenuating circumstances. A waiver would allow the property owner to discharge directly into the street, right of way, without seasonal restrictions. The non-seasonal waiver request shall be submitted to the Township Building Department in writing and, at a minimum, identify the property for which the waiver is being requested, the name of the property owner/applicant, and a detailed description of the circumstances justifying the request. Non-seasonal waiver requests shall be submitted on the official form provided by the Borough Building Department.
a. 
Discharge of sump pumps, groundwater and/or roof runoff shall be directed onto a green area or into a seepage pit within the boundaries of the premises from which the discharge is generated.
b. 
Discharge shall not be directed any closer than 10 feet from a property line so as not to impact neighboring properties.
c. 
A plumbing permit shall be required for the installation or alteration of sump pump piping.
[Amended 12-16-2021 by Ord. No. 21-28]
This chapter shall be enforced by anyone of the following designated Borough officials:
a. 
Building Department, Business Administrator, Police Chief, Director of Public Works, and the Borough Engineer.
b. 
Such shall, in pursuance of his or her duties herein, be deemed, for the purposes of this chapter, the enforcement agency.
a. 
Whenever the enforcement agency determines that there is or has been a violation of any provision of this section, they shall give notice of such violation to the person, persons or entities responsible therefor under this section. The notice shall state that, unless the violation is abated, removed, cured, prevented or desisted from within 10 days of the date of service of such notice, a summons shall be issued for such violation. The enforcement officer may, at the time he or she issues the notice, extend the period for correction of the violation stated in the notice for a period in excess of the aforesaid 10 days if, in his or her judgment, abatement, removal, prevention, cessation of or cure of the condition violated cannot reasonably be effected within the ten-day period; and in such cases the enforcement officer shall state such reasonably required extended period in the notice, not to exceed 30 days, which shall then be applicable instead of the aforesaid 10 days. In the event the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within said ten-day period or within such extended period as set forth in the notice, pursuant to the foregoing, a summons shall then be issued against the person, persons, entity or entities so notified.
b. 
If the person responsible for the abatement, removal, prevention, cessation or cure of the condition referred to in the notice sent by the Building Department officer has not been corrected within 10 days after receipt of the same, then the Building Department officer shall be and is hereby authorized and directed to correct or cause to be corrected the condition cited in the notice. In such case, the Building Department officer shall certify the costs of such correction to the Borough Council, which shall examine such certificate and, if it finds the same correct, shall cause the cost as shown thereon to be charged against said land. The amount so charged shall forthwith become a lien upon said land and premises and shall be added to, form and become part of the taxes next to be assessed and levied upon said land and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes.
a. 
The notice shall be served by the Elmwood Park Building Department upon the property owner in person, by registered or certified mail, or by leaving it at the owner's usual place of residence. If the property owner shall not reside in the municipality, notice may be served upon the occupant of the property or upon the agent of the owner in charge thereof. Where lands are held in trust, service shall be made upon the trustee. Where lands are held by joint tenants, tenants in common or tenants by the entirety, service upon one of the owners shall be sufficient and deemed and taken as notice to all.
b. 
In addition to the foregoing method of service of the notice, the posting of a notice or sticker on the front access door of the premises shall be deemed sufficient notice of such violation.
Whenever the enforcement officer finds that an emergency condition in violation of this section exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of notice as set forth in this section reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this section, such order shall be effective immediately.
a. 
Any person or entity who shall violate any of the provisions of this section or any order promulgated hereunder shall be issued a summons under the terms hereof and, upon conviction, be punished as follows:
1. 
Fine not less than $100; however, not to exceed $500.
b. 
Each violation of any of the provisions of this section, and each day that each such violation shall continue, shall be deemed to be a separate and distinct offense.
[1969 Code § 6-1]
This section shall be known and may be cited as the "Air Conditioning Water Conservation Regulations."
[1969 Code § 6-2]
As used in this section:
WATER CONSERVATION DEVICE
Shall mean a cooling tower, spray pond, evaporative condenser or other equipment by which water is cooled and recirculated, thereby limiting the use of water from the Borough mains and supply to that amount lost through evaporation.
WATER REGULATING DEVICE
Shall mean a regulating valve or other device, the purpose of which is to limit and control the flow of water used to cool the refrigerant in the receiver or condenser of a compressor.
[1969 Code § 6-3]
It shall be unlawful for any person to have installed or to operate any air-conditioning system or refrigerating equipment using Borough water as its medium without first conforming to the provisions of this section and the State Uniform Construction Code.
[1969 Code § 6-4]
No person shall install any air-conditioning system, air-conditioning equipment or refrigerating equipment requiring the use of water for operation on any premises supplied from the Borough water system, until a permit authorizing such installation has been issued by the Water Department and the units approved by underwriters.
[1969 Code § 6-5]
The application for the permit shall be on forms furnished by the Borough Water Department, and an approved copy of the application will be returned to serve as a permit.
[1969 Code § 6-8]
All installations of any individual or collective system of air-conditioning equipment or refrigerating equipment of three tons capacity in the aggregate and over shall be equipped with a water conserving device, which device shall not consume for makeup purposes in excess of 5% of the consumption that the installation would normally use without such device. No residence or place of business will be permitted to have a combined total of more than three tons without a water conserving device or float value.
[1969 Code § 6-9]
Each direct water connection to an air-conditioning unit or refrigerating unit using water from the Borough water system shall be equipped with a water regulating device adjacent to the unit on the supply connection, except in installations where the water supply piping has no contact with the refrigerant. This will be the case where two substantial and independent wall thicknesses of metal separate the refrigerant from the Borough water supply.
[1969 Code § 6-10]
Air conditioning units with a capacity of more than 20 pounds of refrigerant shall be provided with a relief valve installed on the outlet side of the water regulating device of the water supply connection, such relief valve being set at five pounds above the maximum water pressure at the point of installation.
[1969 Code § 6-11]
a. 
All wastewater from air-conditioning units or refrigerating equipment shall be returned to the ground or directly to a storm drain, under the supervision of the Superintendent of Public Works. No connection to the sanitary sewer system will be permitted.
b. 
All water piping for air-conditioning and refrigeration must be installed by a licensed plumber.
[1969 Code § 6-12]
The Superintendent of Public Works shall cause all systems regulated herein to be inspected from time to time for compliance with this section.
[1969 Code § 6-13]
In the event of noncompliance with the provisions of this section, the Superintendent of Public Works shall give notice to such person to correct the condition within five days. In the event of failure or upon refusal of such person to comply as ordered, the Superintendent of Public Works shall revoke the permit.
[1969 Code § 6-14; New]
Any person violating the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.