A sewer utility is hereby established in and
for the Borough of Wharton, which sewer utility shall be under the
control of the Borough Council of the Borough of Wharton, in the County
of Morris. The name by which it shall be known shall be the "Wharton
Borough Sewer Utility."
All future revenue and accounting therefor from
said Sewer Utility shall be on a dedicated utility basis in conformity
with N.J.S.A. 40A:4-35. All moneys derived from the operation of said
Sewer Utility and any other moneys applicable to its support shall
be segregated and kept in a separate fund, which shall be known as
the "Sewer Utility Fund," and all disbursements for the operation
and maintenance of said Sewer Utility shall be taken from said Sewer
Utility Fund.
The dedicated budget of this Sewer Utility shall
include appropriations for operating expenses, capital improvements,
debt services and for the payment of all sanitary sewer bonds, principal
and interest and all other deferred charges and statutory expenses
as may be required.
[Amended 5-4-2009 by Ord. No. O-04-09]
The Mayor and Council of the Borough of Wharton,
in the County of Morris, State of New Jersey, as the governing body
thereof, does hereby determine that there exists a need and a requirement
to provide an efficient means for the enforcement of rules and regulations
regulating the making of connection to, and regulating the discharge
into the primary sewer system operated by the Rockaway Valley Regional
Sewerage Authority. The Rockaway Valley Regional Sewerage Authority
Service Rules are enforceable in the Borough of Wharton. A copy of
said rules is on file in the office of the Borough Clerk.
[Amended 5-4-2009 by Ord. No. O-04-09; 9-28-2009 by Ord. No.
O-15-09]
A. The annual rate is set at $415 per single unit. The annual service charge is calculated on an equivalent dwelling unit (EDU) basis except where the actual sewer gallonage allocation is known or in the case of negotiated rates. The sewer rate shall be payable in quarterly installments as set forth in Subsection
B.
[Amended 12-28-2015 by Ord. No. O-25-15; 12-27-2016 by Ord. No. O-24-16; 12-17-2018 by Ord. No. O-23-18; 12-9-2019 by Ord. No. O-19-19; 12-28-2020 by Ord. No. O-19-20; 12-6-2021 by Ord. No. O-18-21; 12-19-2022 by Ord. No. O-18-22; 2-5-2024 by Ord. No. O-05-24]
(1) Where the actual allocated gallonage is known, the annual service
charge for establishments or properties shall be established by dividing
the total number of gallons per day allocated by the two-hundred-twenty-five-gallons-per-day
usage rate assigned to a single unit to obtain the applicable EDU.
The number of EDUs then will be multiplied by the annual fee for a
single unit.
(2) All existing negotiated rates shall be modified to reflect the change
in the annual sewer rate.
(3) For all others, the rate is to be calculated as set
forth in the existing schedule in this section entitled "Sewer Service
Billing Rate Schedule Equivalent Dwelling Units."
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Sewer Service Billing Rate Schedule
Equivalent Dwelling Units
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Type of Establishment
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Measurement Unit
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Equivalent Dwelling Units (EDU)
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All resident dwelling units
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Dwelling unit
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1 EDU per dwelling unit
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Hotels, lodging houses, tourist homes, motels
and tourist cabins
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Bedroom
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1 EDU for 3 or fewer bedrooms and one additional
EDU for every 3 or fewer bedrooms
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Parked mobile trailer site
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Site
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1 EDU for the first trailer site and 0.9 EDUs
for each additional trailer
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Children's camps
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Bed
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1 EDU for 5 or fewer campers and 0.2 EDUs for
each additional camper
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Day camps
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Person
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1 EDU for every 25 or fewer campers and one
additional EDU for every 25 or fewer additional campers
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Restaurants:
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|
|
|
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Full-service restaurants
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Seat
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1 EDU for 6 or fewer seats and 0.1 EDU for each
additional seat
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|
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Bar, cocktail lounges, dinner theaters, cafeterias
and fast-food restaurants
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Seat
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1 EDU for 15 or fewer seats and 0.1 EDU for
each additional seat
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|
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Nonresidential service clubs
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Member
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1 EDU for 6 or fewer members and 0.1 EDU for
each additional member
|
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Hospitals
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Bed
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1 EDU for 2 or fewer beds and 0.8 EDUs for each
additional bed
|
|
Other custodial institutions
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Bed
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1 EDU for 2 or fewer beds and 0.5 EDUs for each
additional bed
|
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Schools with no showers or cafeteria
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Student
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1 EDU for every 25 or fewer students and one
additional EDU for every 25 or fewer additional students
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Schools with cafeteria
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Student
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1 EDU for every 15 or fewer students and one
additional EDU for every 15 or fewer additional students
|
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Schools with cafeteria and showers
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Student
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1 EDU for every 12 or fewer students and one
additional EDU for every 12 or fewer additional students
|
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Schools with cafeteria, showers and laboratories
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Student
|
1 EDU for every 9 or fewer students and one
additional EDU for every 9 or fewer additional students
|
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Automobile fuel filling stations
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Filling position
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1 EDU for 2 or fewer filling positions and 0.5
EDUs for each additional filling position
|
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Office buildings, stores and shopping centers
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Gross area square feet
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1 EDU for every 2,500 square feet or less of
gross floor area and one additional EDU for every 2,500 additional
square feet or less of gross floor area
|
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Factories and warehouses
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Employee
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1 EDU for every 9 or fewer employees and one
additional EDU for every 9 or fewer additional employees
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Laundromats
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Washing machine
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2.5 EDUs for every washing machine
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Bowling alleys
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Alley
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1 EDU for the first alley and 0.9 additional
EDUs for each additional alley
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Assembly halls, houses of worship, theaters
and sports arenas (assembly seating and related areas only)
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Seat
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1 EDU for every 75 or fewer seats and one additional
EDU for every 75 or fewer additional seats
|
(4) The charges established herein shall be assessed against
the property owners.
B. The annual charges as hereinabove set forth shall
be payable in quarterly installments, payable on February 1, May 1,
August 1 and November 1 of each year. For properties connected to
the sewage system after the first month of a quarter, the charge for
such period shall be equal to the percentage of the quarterly period
remaining after connection to the system.
C. If any part of the amount due and payable for any
charges remains unpaid for 30 days following the date for the payment
thereof, interest upon the unpaid balance shall accrue. The Sewer
Collector is hereby authorized and directed to charge 8% per annum
on the first $1,500 of sewer rate or charge delinquent after the due
date and 18% per annum on any amount of sewer rent or charge in excess
of $1,500 delinquent after the due date. If the delinquency is in
excess of $10,000 and remains in arrears beyond December 31, an additional
penalty of 6% shall be charged against the delinquency. Notwithstanding
the foregoing, interest shall be determined in accordance with the
provisions of N.J.S.A. 40A:26A-7.
D. A connection charge, which shall be payable in advance,
shall be made for the connection of each dwelling to the sewerage
system, which connection fee shall be established annually by the
Borough Council as provided for by law but which will be a minimum
of $350 per unit unless otherwise set by the Council. The connection
fee for industrial facilities, hotels and restaurants to the sewerage
system shall be determined as follows: Divide the total number of
gallons per day by the two-hundred-twenty-five-gallons-per-day usage
rate assigned to a single unit to obtain the applicable number of
units, which number of units will then be multiplied by the unit rate
to determine the total connection fee.
E. Industrial users which have ceased operation or reduced
the same by more than 50% may apply to the Borough Council for a reduced
rate.
F. In the event that a user exceeds its authorized usage, the Borough will charge the user in accordance with Subsection
A for the excess use. In any case where the character or quantity of sewerage or industrial waste discharged is such that the Borough is surcharged or fined or otherwise subjected to a monetary penalty by the State of New Jersey, the Rockaway Valley Regional Sewerage Authority, or any other state or federal agency, that additional cost shall be imposed upon the user in addition to the charges set forth above.
[Amended 6-25-2007 by Ord. No. O-13-07]
Sewer call-out before or after business hours
(7:00 a.m. to 2:00 p.m. Monday through Friday), including weekends
and holidays: $180.
All moneys collected, either as fines or penalties,
but no court costs, for any violations of the rules and regulations
of the Authority under any provisions of this article shall be forthwith
paid over to the Authority by the custodian of municipal funds, as
permitted by law.
The Borough does hereby determine that it will
be economical and otherwise advantageous to it to have sewerage and
other wastes disposed of by the Rockaway Valley Regional Sewerage
Authority substantially on the terms of an agreement authorized by
this chapter.
Unless specifically indicated otherwise, the
meaning of the terms used in this chapter shall be as follows:
BOARD
The Borough of Wharton Mayor and Council.
[Amended 3-28-2011 by Ord. No. O-04-11]
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in parts per million by weight.
BOROUGH
The Borough of Wharton and its representatives.
BOROUGH ENGINEER
The person duly contracted with in such capacity by the municipality.
BUILDING SEWER
The extension from a commercial, institutional or industrial
building to the Borough's sewer.
COMMERCIAL CONCERN
Any concern engaged in service, trade, traffic or commerce
in general, exclusive of industrial concerns.
HOUSE CONNECTION
Any pipe, together with necessary connections, conveying
sewage from a single building or premises of any kind to the sewer
system at either the curbline or the Borough's easement line.
INDUSTRIAL CONCERN
Any concern engaged primarily in manufacturing or processing
operations or in research and development activities.
INDUSTRIAL WASTE
The liquid wastes from industrial processes as distinct from
sanitary sewage.
INSPECTOR
The duly designated person assigned by the Borough to issue
house connection permits and check upon the construction of house
connections, sanitary sewers and such other duties as may be determined.
MAY
Is permissive; "shall" means mandatory.
PERSON
Any individual, firm, company, association, society, corporation
or group.
pH
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
PRIVATE SEWER
A sewer privately owned as distinct from the Authority's
sewer or other public sewer.
SANITARY SEWER
A sewer which carries or is intended to carry sewage and
into which stormwater, surface water and groundwater are not intentionally
admitted.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions, industrial establishments and other
buildings or places.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for the treating
of sewage in the Borough other than that used on and for the property
under one ownership as an individual sanitary disposal system.
SEWER
A pipe or conduit carrying or intended to carry sewage.
SEWER SYSTEM
All trunks, subtrunks, sewers, interceptors, laterals, branches,
manholes and all other sewer appurtenances, whether privately owned
or owned by the Borough, the sewage from which is delivered to the
Borough's system.
STREET
Any and all streets, avenues, highways and roads, whether
publicly used or dedicated, with or without acceptance.
SUSPENDED SOLIDS
Solids that either float on the surface of or in suspension
in water, sewage or other liquids, and which are removable by laboratory
filtering.
Violation of any of the provisions of this chapter shall be punishable as provided in Chapter
1, Article
I, General Penalty.