As used in this article, the following terms
shall have the meanings indicated:
The municipalities of the City of East Orange, the Township
of Hillside, the Town of Irvington, the Township of Maplewood, the
Township of Millburn, the City of Newark, the Borough of Roselle Park,
the Village of South Orange, the City of Summit, the Township of Union
and the Town of West Orange, organized in Joint Meeting pursuant to
N.J.S.A. 40:63-68 et seq., under the terms of a contract dated June
1, 1926, as amended and supplemented, in the matter of a joint truck
and outlet sewer and treatment plant for the sewage wastewater emanating
from said municipalities.
The charge levied upon all users of the treatment works for
the annual cost of operation and maintenance, including replacements,
of such lines and such works, all as defined in the federal rules
and regulations.
The purpose of this article is to impose an annual user charge, as defined in § 226-71, on all domestic, commercial, industrial, institutional and governmental users of the sewer system of the City of East Orange, which sewage contributed to such system and flowing therein is collected and treated by said Joint Meeting.
A.
All residential, commercial, industrial, institutional
and governmental users shall be charged at a uniform rate per dwelling
unit for domestic waste contributed to said system. In the case of
commercial, industrial or multifamily residential units, the charge
shall be based upon equivalent dwelling units.
B.
The following table shall be the basis for said charges:
|
Schedule of Dwelling Units
| |||
|---|---|---|---|
|
Type of User
|
Equivalent Dwelling Units
| ||
|
Single-family dwelling
|
1
| ||
|
Multifamily dwellings:
| |||
|
First family
|
1
| ||
|
Each additional family
|
1
| ||
|
Hotel, motel, rooming or lodging property:
| |||
|
First 5 rooms
|
2
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|
Each additional room
|
3/4
| ||
|
Wholesale, retail or service business:
| |||
|
With 5 or fewer employees
|
1
| ||
|
Each employee over 5
|
0.2
| ||
|
Restaurant, tavern or soda fountain:
| |||
|
With accommodation for 30 or fewer patrons
|
4
| ||
|
Each accommodation over 30
|
0.1
| ||
|
Professional or office building:
|
1
| ||
|
Additional charge for each tenant and employee
of tenant
|
0.2
| ||
|
All municipal buildings:
|
1
| ||
|
Each employee
|
0.2
| ||
|
Schools:
| |||
|
Per pupil as of September enrollment
|
0.01
| ||
|
Hospitals:
| |||
|
Per bed
|
0.6
| ||
|
Nursing, rest or convalescent home:
| |||
|
Per bed
|
0.4
| ||
|
Industrial domestic use:
| |||
|
Per unit of 30,000 gallons quarter-annually
|
1
| ||
|
All other uses not specifically set forth herein
shall be charged on the basis of charges for industrial domestic use.
| |||
C.
Domestic use or waste is hereby defined to be domestic
wastewater from sanitary conveniences.
D.
Industrial waste contributors.
(1)
User charges for industrial waste shall be charged
industrial waste contributors who discharge industrial waste into
the system. User charges for industrial waste shall be based upon
the flow, suspended solids and biochemical oxygen demand of the waste
as determined by the Joint Meeting. Sampling and measurement shall
be accomplished by each industrial discharger at its own expense,
and the results thereof shall be monitored by the Joint Meeting staff.
Where deemed necessary by the Joint Meeting, permanent measurement
and sampling facilities shall be installed by the industrial user
at its own expense.
(2)
The rate of charges shall be determined annually by
resolution of the Joint Meeting. For the first year of operation of
the secondary treatment facilities, the Joint Meeting shall make an
estimate of the rate of charges based upon the results of an industrial
cost recovery/heavy metals survey and shall embody the estimated first
year of operation charges in a resolution to be adopted.
(3)
User charges for industrial waste shall be assessed
only where sampling and testing show that industrial waste from a
particular industrial waste contributor exceeds 2,000 gallons per
day or where the suspended solids contribution exceeds 50 pounds per
day or where the biochemical oxygen demand contribution exceeds 50
pounds per day.
F.
"Industrial waste" is hereby defined to be nondomestic
wastewater resulting from industrial processing and manufacturing,
and including cooling water discharge.
G.
Where an industry has both domestic wastes and industrial wastes and said wastes are commingled and so discharged into the sewer system, the industrial waste charge as set forth in Subsection D(1) herein shall apply. Any industry may, at its option and at its own cost and expense, separate its industrial waste from its domestic waste and provide separate connections to the municipal sewer system for each such type of waste. If an industry exercises this option of separation of wastes as herein set forth, the schedule of dwelling units as set forth in Subsection B shall be applicable to its domestic waste flow, and the rates set forth in Subsection D(1) herein shall be applicable to its industrial waste flow and use.
H.
User charges shall be determined annually by resolution
of the Joint Meeting and shall be based upon actual usage for the
preceding year. However, for the first year of operation of the joint
truck sewer system, said user charges shall be based upon an estimate
of the cost of operation thereof and shall be set forth in a resolution
to be adopted by the Joint Meeting.
A.
All charges established and provided for herein shall
be assessed against the owners of the property from which said sewage
or wastewater emanates, respectively, and shall be collected annually
by the City of East Orange.
B.
Such charges shall draw the same interest from the
time they become due as taxes upon real estate in the municipality
and shall be a lien upon the premises until paid, and the municipality
shall have the same remedies for the collection thereof, with interest,
costs and penalties, as it has by law for the collection of taxes
upon real estate.
C.
All sums collected under the terms of this article shall be applied by the City of East Orange for reimbursement of such sums advanced by it to the Joint Meeting as the result of estimates made and assessments levied by said Joint Meeting for the cost of operation and maintenance of the joint trunk sewer and treatment works, including appurtenances, as set forth in § 226-77 hereof.
For the purpose of determining said user charges,
the number and classification of all users of said sewage system shall
be made by the City of East Orange. Said determination shall be subject
to audit, review and redetermination by the Joint Meeting.
The user charge referred to herein shall be
due and payable from and after the first day of January following
the completion of the secondary treatment facilities by the Joint
Meeting.
Notwithstanding the provisions of this article
and the Federal Water Pollution Act of 1972 requiring the imposition
of user charges as defined herein, as set forth in said Act and as
provided for in the rules and regulations of EPA, and without intending
to interfere with or contravene the provisions and requirements of
the imposition of said user charges as herein and therein defined,
it is the express intention of the City of East Orange to adhere to
and comply with the provisions of N.J.S.A. 40:63-116, providing for
"annual expenses: estimated and apportioned; additional expenses if
necessary," in order that the Joint Meeting may thereby be enabled
to continue and perform its normal functions.
