[Ord. No. 99-11 § 1]
Any person, firm or corporation receiving a supply of water
for any purpose from the Elmer Borough Water Department shall be subject
to the rules and regulations as set forth herein or by special or
additional rules and regulations which may be adopted by ordinance
or resolution.
[Ord. No. 99-11 § 2]
The owner of any house, tenement, building or lot shall each
be liable for the payment of the price or rent as fixed herein or
by the Borough Council for the use of water and for the installation,
purchase price, repair and testing of any water meter, water service
connections, appliances or parts and renewals thereof, furnished or
made by the Water Committee in or upon such house, tenement, building
or lot or connecting with such house, tenement, building or lot. The
interest and penalties charged, and such price or rent or other costs,
expenses, interest and penalties as fixed herein shall be a lien upon
said house, tenement, building or lot until the same shall be paid
and satisfied.
[Ord. No. 99-11 § 3]
a.
Water Collector. The Water Collector shall have the following duties:
he is hereby designated as the collector of all accounts receivable
due for water service in the Borough; he shall be responsible to make
out and send all water bills; he shall keep accurate records of all
water accounts and shall be required to carry out the provisions of
this section in relation to delinquent accounts, notices of shut-off
and upon payment, the restoration of the water service; he shall account
to the Chief Financial Officer monthly, for all moneys of the water
service received, turning over to the Chief Financial Officer for
the purpose of the Borough, all such moneys and a complete record
thereof. He shall enter into a bond for the faithful performance of
the aforesaid duties in such an amount as the Borough Council may
require.
b.
Water Superintendent. The Water Superintendent shall have the following
obligations and/or duties: he shall be required to-report to the proper New Jersey State authorities concerning the
operation of the water system; he shall be properly licensed for the
duties herein described; he shall be responsible for the daily operation
of the Water Department; he shall inspect and issue permits to all
private wells within the Borough or located on property serviced by
the Borough Water System and ensure that no cross connections occur.
The Borough may appoint an Assistant Water Superintendent to assist
the Water Superintendent with all duties and obligations described
herein. The Assistant Superintendent shall have all powers of the
Superintendent.
[Ord. No. 99-11 § 4]
No water connection shall be made to any portion of the water supply system by any person except upon proper permit issued by a duly authorized officer after proper application has been made, necessary fees paid in advance and approval secured in writing from the Water Committee, including the opening of any street or sidewalk for the introduction or change of water facilities. (See Chapter 8, Streets and Sidewalks, for street opening permits.)
[Ord. No. 2000-5 § 7]
All structures requiring water service within the Borough located
within 150 feet of a municipal water main shall connect to the Borough
water system.
All applications for the installation or renewal of water service
connections shall be made in writing by the owner of the property
or person acting as the owner's agent and signed by the owner or agent.
There may be an application fee as established by the Borough.
Water service may be provided to any person or structure outside
the territorial limits of the Borough as approved by the Mayor and
Borough Council. Any decision by the Mayor and Council shall be final
and completely within their discretion. Nothing in this section shall
be interpreted to require the Mayor and Council to approve any connection
outside the territorial limits.
[Ord. No. 99-1 §§ 5,
7, 8]
a.
All applications
for water service or the extension of the water distribution system
shall contain an assent by the owner of the property where the water
service is desired or by said owner's duly authorized agent to these
rules, rates and regulations. The application shall state the date,
name of party, kind and extent of service applied for, description
and location of property to be supplied and the rates and terms of
payment.
b.
Application for the extension of the water distribution system may
be made only where sufficient demand for service warrants. The Mayor
and Council shall determine the terms and conditions upon which such
applications or petitions may be granted.
c.
All applications for water service shall continue in force from year
to year unless 30 days notice in writing is given to the Water Collector
of a desire to terminate the service. In the event of a discontinuance
of the use of water service from a tap, the Water Superintendent shall
disconnect or turn off the tap at the main.
[Ord. No. 99-11 § 6]
All water taps are to be made by and through the Water Superintendent.
[Ord. No. 99-11 § 9]
Each house and/or building on a property requiring or using
water services with separate supply from a main shall be separately
metered and charged. The owner of the property shall be responsible
for water rents, fees or charges and if the water be cut off from
the premises, the same shall not be turned on until all the rent or
fees or charges due and all expenses for cutting off and turning on
the water services shall be paid in full.
[Ord. No. 99-11 § 10]
Service may be disconnected or turned off for any of the following
reasons:
a.
For the use of water on any other property or building or purpose
than for which charge is being made;
b.
For willful waste of water through improper or imperfect pipe, fixtures
or otherwise;
c.
For failure to maintain in good order connections, service lines
or fixtures owned by the purchaser;
d.
For tampering, disturbing or interfering with any service pipe or
any other appliance of the water system owned by the Borough;
e.
In case of vacancy of premises;
f.
For neglecting to make or renew advance payments or for nonpayment
of water service or any other charges accruing under the application;
g.
For refusal of reasonable access to the property for purposes of
inspection, reading the meter or repairs;
h.
For fraudulent representation on the part of the consumer or the
owner of the premises; and,
i.
Persistent violation of the rules and regulations of the Water Committee.
[Ord. No. 99-11 § 11]
No person shall be entitled to damages or rebate of any portion
of payments due because of accidents, additions or repairs to any
portion of the water system.
[Ord. No. 99-11 § 13; Ord. No. 2000-5 § 1]
a.
The Borough Council may, upon the motion of a Borough water supply
customer, the Water Superintendent, or upon its own motion modify,
alter, redact, or otherwise change a water bill of a consumer from
the Elmer Borough Water Department. If the Borough Council finds that:
(1) the bill presented is in error; or, (2) is the result of an extraordinary
circumstance(s): (a) causing unfairness or hardship to the consumer;
and, (b) having found the consumer acted in good faith and with due
diligence in resolving the extraordinary circumstance.
An extraordinary circumstance shall be defined by the Mayor
and Borough Council on a case by case basis.
Modification of the bill may be made to any of the following:
(1) amount of the total bill, (2) the gallons of water consumed for
the period, (3) any other modification the Borough Council may find
just under the circumstances.
b.
Statute of limitations for this system of review shall be limited
to a period of 30 days following the quarterly billing date for which
the requested modification applies. The applicable quarterly billing
date shall be counted as day one of the 30 day period irrespective
of the date of receipt by the customer.
c.
Requests and/or motions to modify a water bill of a consumer under
this subsection shall be made by written complaint addressed and delivered
to the office of the Water Collector within the 30 day period as defined
above. The written complaint shall set forth the specific objection
to the water bill and shall define any and all extraordinary circumstances
that the petitioner believes justifies the request. The extraordinary
circumstances must include the unfairness or hardship suffered by
the consumer as a result of the extraordinary circumstances and define
the good faith and/or due diligence of the consumer in resolving the
extraordinary circumstance or in bringing this to the attention of
the Water Collector. Service upon the Water Collector may be had on
the Borough Clerk if the Water Collector is not available. The request
for modification shall be heard at the next regularly scheduled Borough
Council meeting provided the notice is at least 10 days before said
meeting. If the 10 day notice period cannot be met then the matter
shall be heard at the next regularly scheduled Borough Council meeting
or at a special meeting to be set at the sole option of the Mayor
and Borough Council. Any consumer requesting modification shall not
be required to provide any notice to the public in order to have their
matter heard. The Borough Council may render a decision on the request
at the hearing in which the matter is heard or may delay decision
on the matter for purposes of having a subsequent hearing, investigation,
or any other reason believed to be justified under the circumstances.
[Ord. No. 99-11 § 15; Ord. No. 2011-3; Ord. No.
2013-4; amended 3-8-2023 by Ord. No. 2023-2]
Water shall be billed at the rate of $3.25 per 1,000 gallons
of metered flow.
[Ord. No. 99-11 § 16; Ord. No. 2011-3; Ord. No.
2013-4; Ord. No. 2018-12; amended 3-8-2023 by Ord. No. 2023-2]
Advanced quarterly services charges shall be charged as follows:
[Ord. No. 99-11 § 17; Ord. No. 2001-9 § 1]
All bills are due and payable upon presentation and must be
paid by the end of the current quarter. All bills not paid by the
end of the current quarter shall incur a late charge. The interest
charge on all delinquent water accounts shall be a flat rate of 5%
on the outstanding balance of water bills owed and shall be and remain
a lien upon the real estate and the Borough shall have the same remedies
for the collection of such charges and rents, with costs and penalties
as the Borough has by law for the collection of taxes upon real estate.
The change is to eliminate the compounding of interest so that a 5%
flat rate, only, is charged on the total outstanding water fees.
[Ord. No. 2001-3; Ord. No. 2002-3; Ord. No.
2003-4; Ord. No. 2004-3; Ord. No. 2005-2; Ord. No. 2006-2; Ord. No.
2007-15; Ord. No. 2008-2; Ord. No. 2009-2; Ord. No. 2011-2; Ord. No.
2012-2; Ord. No. 2013-1; Ord. No. 2014-2; Ord. No. 2015-2; Ord. No.
2016-2; Ord. No. 2017-1; Ord. No. 2018-1; Ord. No. 2019-1; 2-12-2020 by Ord. No. 2020-1; amended 2-10-2021 by Ord. No. 2021-1; 2-9-2022 by Ord. No. 2022-1; 2-8-2023 by Ord. No. 2023-1]
b.
Subsequent to the adoption of this section, All water meters shall
be installed in the interior of the premises to be serviced unless
there is a lack of interior space as determined by the Water Department
Superintendent or his designated representative, or unless the owner
shall otherwise request in writing. If the water meter is to be installed
outside of the premises to be serviced, it shall be located adjacent
to or near the curb line. The expense of the installation of a new
water meter shall be borne by the applicant in accordance with the
following fee schedule:
[Ord. No. 99-11 § 18]
In the case of tampering, disturbing or interfering with any
service of the water system as set forth herein the service charges
for repair to tampered meter in addition to the cost of repair or
maintenance shall be as follows:
$250 first offense;
$500 second offense;
$1,000 for each subsequent offense.
[Ord. No. 99-11 § 19; Ord. No. 2007-9]
The Borough of Elmer finding no need to charge for service,
there shall be no annual charge for each public fire hydrant.
[Ord. No. 99-11 § 20]
[Ord. No. 99-11 § 21]
Miscellaneous water charges are as follows:
a.
Test of meter at customer's request:
$25 for meters for sizes one inch or less.
$150 per inch for other water service meters larger than one
inch in diameter.
b.
Backflow Prevention System: $50 per inspection.
c.
Construction: Water for building purposes shall be metered and charged
$2.60 per 1,000 gallons.
d.
Turn on/off fee at customers request: $25
e.
[Ord. No. 99-11 § 22]
Water service will not be activated until all permits, taxes
and/or municipal liens are satisfied for the property.
[Ord. No. 2000-5 § 2; Ord. No. 2018-6]
a.
The Mayor and the Borough Council hereby waives any and all charges,
be it fees for connection, maintenance, consumption, or otherwise,
relating to the Elmer water supply and Elmer Water Department for
the following entities and/or properties:
[Ord. No. 2000-5 § 3]
a.
Little League Park. The Little League Park shall be a consumer of the Elmer Borough Water Department and water supply system for purposes of any and all irrigation and/or other purposes beyond that set forth in Subsection 14-1.21. A meter shall be added so as to enable the water consumption rate to be measured and any and all connection fees are waived as the park is Borough property.
The Little League Park shall hereafter conform to the requirements
of this section.
[Ord. No. 2000-5 § 4]
This section shall empower the Water Superintendent to inspect
at any reasonable time all water meters of all Borough consumers so
as to effectuate the purposes of the Water Department.
The Water Superintendent and/or Assistant Water Superintendent
may appoint additional inspectors as necessary in order to effectuate
the inspection of all consumer water meters and the purposes of this
section. Any inspector appointments shall be with the consent and
approval of the Borough Council.
Any customer who does not provide ready access for an inspection
of the Borough's water supply system and/or meter in a manner that
is sufficient to enable the inspector to comply with the requirements
of this section shall be billed based upon an estimation of water
consumption for the billing period applicable thereto. That estimation
shall be based upon the highest quarterly billing statement of the
previous four billing quarters. Should this estimate be determined
to have exceeded or be less than the actual consumption based upon
the next meter reading, then any overage or underage shall be applied
to the next quarterly billed statement.
This manner of billing shall continue for consecutive billing
cycles until a meter is actually read by an inspector. The failure
of any consumer to provide access to any Borough meter reader for
two consecutive reading cycles shall be grounds to have the water
service disconnected immediately as set forth herein.
[Ord. No. 2000-5 § 5]
A consumer shall be deemed to have denied access to a water
meter should the customer do any of the following:
a.
Refuse entry or have access denied to the property by way of locked
gate, fence, door, or barricade of any type;
b.
Maintain upon the premises any animal or mechanical device in a manner
that may cause injury to the meter reader;
c.
The maintenance of any other object, device, person, animal, or thing,
knowingly or unknowingly, upon the property in any manner that may
cause the inspector to have a reasonable apprehension so as to enter
the property; or,
d.
Fail to cooperate with a inspector in arranging for a suitable time
for inspection if the meter is unable to be read due to any of the
reasons set forth herein.
One shall be deemed to be uncooperative should an inspector
be unable to gain access to the property within a five day period.
Should an inspector be unable to gain access to any property
for reading of the meter on the inspector's initial attempt, the inspector
shall make a reasonable effort to reinspect the property one time
within five days of the initial inspection. It shall be the duty of
the consumer to ensure that an inspection may be had within the aforesaid
five day period.
[Ord. No. 2000-5 § 6]
A reasonable time is consistent with the normal work hours of
the Borough of Elmer, being Monday through Friday from 8:30 a.m. to
4:30 p.m.
[Ord. No. 2003-6 §§ 1—4]
a.
Permit Required. Fire hydrant use for any purpose requires a permit
from the Elmer Borough Water Department. The use of fire hydrants
by the Elmer Fire Department and other emergency management services
is exempt from the requirement to obtain a permit;
b.
A fee of $50 will be charged for each permit obtained. Water consumed
by the customer will be charged the rate consistent with the current
charges being assessed to consumers of the Borough's public water
system per 1,000 gallons usage. Rates can be obtained from the Elmer
Borough Water Department. The Borough reserves the right to waive
the permit fee for hydrant use by the Borough, its employees or agents,
for official Borough business. However, any use of the hydrant system
by the Borough or its employees or agents shall require a permit;
c.
A backflow preventor, water meter, and hydrant wrench shall be supplied
to the user by the Elmer Borough Water Department when the permit
is obtained and shall be used by the permittee. Failure to abide by
the rules and regulations set forth herein will be subject to a fine
as set forth by the Elmer Borough Water Department.
d.
A fine of up to $500 and/or up to 30 days in jail will be assessed
to any violator for each violation.
[Ord. No. 96-3]
(See Schedules A through C, included as attachments to this chapter, for watering of lawns during water alert and/or emergency.)
Between June 1 and September 1, the residents of the Borough
shall be permitted to water their lawns or gardens on an alternating
day basis. Residents with an even street location number may water
their lawns or gardens on days of the month with even numbers, while
residents of the Borough with odd street location numbers may water
their lawns or gardens on days of the month with odd numbers.
[Ord. No. 96-3]
The Superintendent of the Borough of Elmer Water Department (hereinafter referred to as Superintendent) and/or the Borough of Elmer Water Committee (hereinafter referred to as Water Committee) shall be responsible for monitoring the Borough of Elmer's water supply. Should either the Superintendent or the Water Committee determine that the Borough's water supply has been reduced to a level insufficient to meet normal demand, and/or that the Borough's pumping rate exceeds the Borough's water allocation permit levels, established by the State of New Jersey, Department of Environmental Protection and Energy, then the Superintendent and/or the Water Committee shall recommend that either a water alert or a water emergency be declared, and that either a Phase I water alert plan, or a Phase II or a Phase III emergency plan be implemented as appropriate. Copies of the respective plans are attached hereto and marked as either Schedule A, Schedule B or Schedule C. (These schedules are included as attachments to this chapter.)
[Ord. No. 96-3]
The Mayor, upon recommendation of the Superintendent or Water
Committee may declare, at his discretion, a Phase I water alert or
a Phase II or a Phase III emergency plan as is set forth above.
Once the Superintendent or Water Committee deems that an adequate
water supply is available, he/they shall so notify the Mayor who then,
at his discretion, shall terminate the water alert or water emergency
plan.
[Ord. No. 96-3]
Those residents of the Borough who have privately owned and
operated wells which supply all or a part of their water needs may
apply to the Superintendent and/or Water Commission for a permit exempting
them from the operation of this section. If such a permit is issued,
it should be displayed upon request to any police officer, member
of the Water Committee or the Superintendent.
[Ord. No. 96-3]
This section shall be enforced by the Superintendent, the Water
Committee, or a police officer, signing a complaint charging a violation
of this section. Any person found guilty of violating the provisions
of this section shall be subject to the penalties as set forth below.
[Ord. No. 96-3]
Any person found guilty of violating this section shall be penalized in accordance with the schedule of fines set forth on Schedule D which is attached hereto. (Schedule D is included as an attachment to this chapter.)
[Ord. No. 99-11 § 12]
In case of prolonged scarcity of water from any cause, the Water
Committee reserves the right upon public notice to restrict or prohibit:
a.
The sprinkling, watering or irrigation of shrubbery, trees, lawns,
grass, ground, ground covers, plants, vines, gardens, vegetables,
flowers or other vegetation;
b.
The washing of automobiles, trucks, trailers, trailer houses, or
any other type of mobile equipment;
c.
The washing of sidewalks, driveways, filling station aprons, porches
and other outdoor surfaces;
d.
The washing of the outside of dwellings and the washing of the inside
and outside of office buildings and business establishments of any
type;
e.
The washing and cleaning of any business or industrial equipment
and machinery;
f.
The operation of any ornamental fountain or other structure making
a similar use of water;
g.
Swimming and wading pools and bath houses and bathing establishments
of any nature; and,
h.
The use of water by any business or industrial establishment whose
business or work is not essential to the health, welfare and safety
of the residents of the Borough.
