City of Rahway, NJ Chapter 411 Water

[HISTORY: Adopted by the City Council of the City of Rahway 7-9-1984 by Ord. No. A-12-84 as Ch. 193 of the 1984 Code. Amendments noted where applicable.]

§ 411-1 Rates and charges.

[Amended 4-5-1983 by Ord. No. A-4-83;[1] 4-15-1987 by Ord. No. A-3-87; 5-13-1991 by Ord. No. A-10-91; 5-10-1999 by Ord. No. O-18-99; 5-12-2003 by Ord. No. O-35-03; 6-16-2004 by Ord. No. O-17-04; 12-11-2006 by Ord. No. O-39-06; 7-9-2007 by Ord. No. O-29-0710-14-2008 by Ord. No. O-26-08; 6-30-2009 by Ord. No. O-27-09; 11-14-2011 by Ord. No. O-30-11; 3-11-2013 by Ord. No. O-11-13; 8-28-2013 by Ord. No. O-39-13; 4-24-2017 by Ord. No. O-11-17; 12-13-2021 by Ord. No. O-48-21; 7-10-2023 by Ord. No. O-30-23]

The rates and charges for water and services to be supplied by the Division of Water shall be as set forth in the following schedules, and the Division of Water Accounts shall render bills and accounts in accordance with said schedules from and after the effective date of this chapter.

A. Schedule I: Water supplied through a meter shall be charged for at a rate per 1,000 cubic feet as listed in Subsection H. Commercial and industrial accounts with meters larger than one inch will be billed monthly. The minimum charge shall be as per meter size as follows and will be increased annually as per rates listed in Subsection H.

Meter Size (inches)	Minimum Monthly Charges	Minimum Quarterly Charges
5/8	$23.89	$71.67
3/4	$36.92	$110.76
1	$60.81	$182.42
1 1/2	$119.44	$358.33
2	$191.11	$573.32
3	$390.90	$1,172.70
4	$597.21	$1,791.63
6	$1,194.42	$3,583.25
8	$1,802.48	$5,407.45
10	$3,691.83	$11,075.50
12	$4,299.90	$12,899.70

B. Schedule IA: Rates for Manufactured Water and Nonmanufactured Supplied Water.

(1) Definitions. As used in this chapter, the following terms shall have the meanings indicated:

MANUFACTURED WATER

Water that is produced, supplied, metered and billed for by the Division of Water of the City of Rahway.

NONMANUFACTURED SUPPLIED WATER

Water used by Rahway consumers that is not necessarily produced, supplied or metered by the City Division of Water but the use of which is arranged for or administered by and billed for by the City Division of Water, and includes any such water supplied to Rahway consumers from utilities other than the City Division of Water. It is hereinafter referred to as "NMS water."

(2) Base rate. For any consumer whose water supply consists of manufactured water and NMS water, the base rate shall be $71.67 per thousand cubic feet.

(3) Surcharge. Any increase in costs of charges to the City for NMS water above current costs or charges to the City for NMS water shall be passed on in the form of a surcharge to users of NMS water, and users shall be liable in full for such increases, based on their usage of NMS water.

C. Schedule II: Private Fire Service Rates:

(1) Private fire service rates shall be as follows:

Size of Service (inches)	Quarterly Charge
2 or less	$175
3	$350
4	$525
6	$900
8	$1,350
10	$1,850
12	$2,150

(2) Testing.

(a) No water shall be used through private fire service connections except for test purposes or in case of fire, and no charge shall be made for water so used.

(b) Water for testing without charge is limited to a maximum of 1,000 cubic feet per quarter.

D. Schedule IIA: fire hydrant charges.

(1) Private fire hydrants. Private fire hydrants are installed and owned by the owner of the property on which they are installed. A charge of $850 per year, per hydrant, will be billed to the property owner. The hydrants will be maintained by the Division of Water.

(2) Leased fire hydrants. Leased fire hydrants are installed within the right-of-way of other municipalities. They are billed to the requesting municipal agency at a rate of $325 per year, per hydrant. The hydrants are installed and maintained by the Division of Water.

E. Schedule III: water for temporary purposes.

(1) Water for temporary purposes supplied through meters shall be billed at the rates set forth in Schedule I, but a deposit of $120 per inch of diameter or fraction thereof shall be required for the meter.

(2) Water supplied for temporary purposes without meters shall be billed at the minimum quarterly rate in Schedule I for any use of three months or less. Charge for additional time will be at the same rate.

(3) The Division of Water will provide adapters and hydrant wrenches for the above at a nonrefundable charge of $30 per item. A separate deposit of $200 will also be required.

F. Schedule IV: water supply installations. Charges for new water supply installations shall be as follows:

(1) Applicants seeking to install new water supply lines shall submit plans to the contract manager for the Water Division and pay a permit fee of $250 for plan review and inspection of the installation for any line up to two inches in diameter. No permit shall be issued until the Water Connection Fee has been paid in accordance with § 411-4.

(2) Applicants seeking to install new water supply lines in excess of two inches shall submit plans to the contract manager for the Water Division and pay a permit fee based upon actual costs for plan review and inspection of the installation.

(3) Curb settings.

(a) When it is necessary that the meter be set outside the building, the contract manager for the Water Division will place a meter setting for services and meters one inch in diameter or less.

(b) The charge for the curb setting shall be at cost, including labor and materials. This charge is in addition to the permit fee for a new service installation as listed above.

(4) The property owner shall submit plans for pit settings for meters 1 1/2 inches or longer and pay a permit fee of $250 for plan review and inspection. These pits shall be constructed and maintained by the property owner.

G. Schedule V: services not involving the use of water.

(1) Removing, repairing or replacing lost or damaged meters due to negligence: The charge for meters of all sizes shall be at cost, including labor and materials.

(2) Resumption of service after discontinuance for nonpayment of bills or violations of rules and regulations of the Water Division: $30 per inch of diameter of meter or fraction thereof for the first shutoff and $60 per inch of diameter of meter or fraction thereof for any additional shutoffs within two years.

(3) Removing and replacing undamaged meters within a period of one year after installation at the request of a customer: $30 per inch of diameter of meter or fraction thereof.

(4) Relocation of hydrants, shutoff valves or other appurtenances of the water supply system at the request of the customer: The charge shall be fixed by the Superintendent of Water, based upon cost to the Water Division, and paid in advance.

(5) Request for services of nonemergency nature after normal working hours will be billed to customer. Charge will be equivalent to the cost incurred by the Division of Water.

(6) Customer request for meter testing because of high bill: $50.

(7) Deposits for meters installed outside of City limits.

Size (inches)	Charges
5/8 x 3/4	$50
3/4	$75
1	$100
11/2	$200
2	$250

H. Schedule VI. Effective on the dates indicated, all rates, fees and charges as set forth above in Schedules I through V, inclusive, shall be as follows:

(1) The following rates for metered consumption shall take effect on the dates indicated:

Date	Rate
August 1, 2023	$71.67/kcf
January 1, 2024	$77.39/kcf
January 1, 2025	$83.59/kcf
January 1, 2026	$87.77/kcf
January 1, 2027	$92.15/kcf
January 1, 2028	$96.76/kcf
January 1, 2029	$101.60/kcf
January 1, 2030	$106.68/kcf
January 1, 2031	$112.01/kcf
January 1, 2032	$117.61/kcf

(2) Minimum charges shall increase accordingly.

I. Schedule VII: Delinquent Water Utility Charges; Interest Rates.

(1) Grace period. Bills are due upon receipt. A grace period of 30 calendar days is provided, within which a payment of water utility charges may be hereafter received without any charge for interest, provided that such payment is received within said thirty-calendar-day period after the billing date upon which the amount becomes payable.

(2) Interest rates. After the above grace period, water utility charges shall be considered delinquent, and interest shall run against such delinquent charges at the rate of 8% on the first $1,500 of the delinquent water utility charges and 18% on any delinquent sums in excess of $1,500.

J. Schedule VIII: bad check charge: Should the City receive a negotiable instrument from a customer, in payment of a bill, charge or deposit due, and such instrument is subsequently dishonored or uncollectible for any reason, the City shall charge the customer a handling charge of $25.

[1] Editor's Note: This ordinance provided that the following be added to the preamble of Ord. No. A-32-81, adopted 12-28-1981, which is the ordinance that originally comprised this chapter: "Bills for water service furnished under this schedule will be rendered either quarterly or monthly at the option of the City of Rahway, Division of Water." In addition, Ord. No. A-4-83 provided as follows: "Effective upon adoption of this ordinance, all water rates herein shall remain in effect until December 31 of any given year and shall continue in effect thereafter with approval of Municipal Council of the City of Rahway by resolution if there are no changes in rates."

§ 411-2 Nonprofit organizations.

[Added 8-10-1987 by Ord. No. A-16-87; amended 6-30-2009 by Ord. No. O-27-09; 11-14-2011 by Ord. No. O-30-11; 3-11-2013 by Ord. No. O-11-13; 8-28-2013 by Ord. No. O-39-13; 4-24-2017 by Ord. No. O-11-17; 12-13-2021 by Ord. No. O-48-21; 7-10-2023 by Ord. No. O-30-23]

A. For the purpose of this section, the term "nonprofit organization" shall be defined as any organization which qualifies under the terms of N.J.S.A. 12A:40A:12-21(a) through (1) or such other statutes concerning aid by municipalities to private organizations.

B. All nonprofit organizations shall be billed for and be required to pay for all water consumed as per the terms of § 411-1 hereof.

C. Any eligible nonprofit organization may apply for and receive reimbursement for water bills paid under the following terms and conditions:

(1) That said organization has, at the conclusion of its fiscal year, submitted audited financial statements to the Division of Water.

(2) That said financial statements demonstrate that said nonprofit organization operated at a loss for the fiscal year submitted.

(3) That the sum of water bills paid for said fiscal year are equal to or more than 5% of the demonstrated losses as revealed by the financial statement.

(4) That when the organization is a component of, or subsidiary to, any other organization, the requirements and criteria established hereby shall be applied to any and all such organizations taken together as a whole. Any organization applying for free water by reimbursement must provide the required records for such other organizations also or a legal statement that it is not a component of, a division of, or subsidiary to, any other organization.

(5) Any reimbursements made hereunder shall be in full for the applicable fiscal year.

D. The provisions of this section shall be administered by the Division of Water, which administration shall include the use of formal application forms. Actual approval or denial of reimbursement shall be done by a resolution of the Municipal Council of the City of Rahway as a matter of public record following the receipt of written reports from the Division of Water regarding the application. The Division of Water is authorized to adopt such other rules or regulations necessary to effectuate the terms of this section.

§ 411-3 Special rates for senior citizens.

[Added 7-9-2007 by Ord. No. O-29-07; amended 6-30-2009 by Ord. No. O-27-09; 11-14-2011 by Ord. No. O-30-11; 3-11-2013 by Ord. No. O-11-13; 8-28-2013 by Ord. No. O-39-13; 4-24-2017 by Ord. No. O-11-17; 12-13-2021 by Ord. No. O-48-21; 7-10-2023 by Ord. No. O-30-23]

For all properties owned by senior citizens and which qualify for a senior citizen tax deduction pursuant to the provisions of N.J.S.A. 54:4-8.40 et seq., the rates shall be as follows:

A. One-family dwelling: $5 per quarter for 1,100 cubic feet or less.

B. All other rate provisions, including excess usage rate, shall be set forth above.

§ 411-4 Fees for water connections.

[Added 7-9-2007 by Ord. No. O-27-07]

A. The connection fee set forth in Schedule A,[1] attached hereto and made a part hereof, shall become effective upon adoption of this section.

[1] Editor's Note: Schedule A is included at the end of this chapter.

B. The connection fee set forth in Schedule A shall be recomputed at the end of each fiscal year of the City, and following a public hearing in accordance with the provisions of N.J.S.A. 40:14A-8(c), shall be revised to reflect the recomputed connection fee, which shall thereafter be imposed in accordance with N.J.S.A. 40:14A-8(c).

C. Every approval for new construction that will connect to the water distribution system of the City will include, as a condition of said approval, the provision that connection fees in accordance with Schedule A of this section shall become due and payable to the City prior to the issuance of a construction permit for said construction, or for those properties for which a building permit has been obtained at the time of the adoption of this section, prior to the issuance of a certificate of occupancy.

D. All existing structures which will connect into the water distribution system of the City shall be issued a permit for water connection only after payment to the City of the applicable connection fee as set forth in Schedule A.

E. The City shall provide an application for said connection fee, and upon receipt of each connection fee, forthwith issue a certificate evidencing payment.

§ 411-5 Water conservation regulations.

[Added 10-13-2015 by Ord. No. O-29-15; amended 11-9-2022 by Ord. No. O-46-22]

A. Outdoor landscape water use restrictions. Restrictions on outdoor landscape water use apply to all users in the City of Rahway at all times regardless of source of supply (e.g., public water supplies, well or ground water, lakes, streams, or ponds) unless expressly exempt in § 411-5E. Such water use shall conform to the following outdoor landscape water use restrictions:

(1) Lawn watering with a hose or hose-end sprinkler.

(a) May only be done two days per week.

[1] Properties may only be watered two days per week. Properties with odd-numbered addresses may be watered two days per week on Mondays and Thursdays, and properties with even-numbered addresses may only be watered two days per week on Tuesdays and Fridays.

(b) Watering shall only be conducted between the hours of 6:00 a.m. and 9:00 a.m. or between 5:00 p.m. and 8:00 p.m.

(c) The watering of any single area of property shall not exceed 30 minutes per day.

(d) Flowers and shrubs may be watered as needed with a handheld hose equipped with an automatic shutoff nozzle.

(e) No hose or hose-end watering shall be permitted when it is raining.

(2) Irrigating lawns and landscapes with automatic irrigation systems equipped with a conventional irrigation controller [this includes all systems that do not have a "SMART" controller as defined in § 411-5A(3)].

(a) May only be done two days per week.

[1] Properties may only irrigate two days per week. Properties with even-number addresses may only irrigate on Mondays and Thursdays, and properties with odd-number addresses may only irrigate on Tuesdays and Fridays.

(b) Irrigation shall only be conducted between the hours of 12:00 midnight and 10:00 a.m.

(c) Operation of any irrigation zone equipped with spray (mist) heads shall not exceed 15 minutes per zone. Operation of any irrigation zone equipped with rotary sprinkler heads shall not exceed 50 minutes per zone.

(3) Irrigation with systems equipped with a SMART controller.

(a) To qualify for this provision, the SMART controller must have met the minimum requirements of IA-SWAT protocol testing. Lists of climate-based and sensor-based controllers that have successfully completed the protocol testing can be found at http://www.irrigation.org/Tested_Products.aspx.

(b) The SMART controller must be programmed by an EPA WaterSense Partner who holds a New Jersey Landscape Irrigation Contractor Certificate pursuant to N.J.S.A. 45:5AA-3.

[1] The SMART controller must be programmed to irrigate between the hours of 12:00 midnight and 10:00 a.m.;

[2] Proper sprinkler head data and accurate soil/plant/irrigation information must be entered;

[3] The SMART controller programming data shall be posted at the controller;

[4] The Water Sense Partner must make a minimum of two site visits after the initial programming to adjust and fine tune the irrigation schedule.

(4) Irrigation systems programmed and monitored by an irrigation manager.

(a) The property owner must designate a qualified person who will be the irrigation manager and register that person with the municipality with defining qualifications.

(b) The irrigation manager must be an EPA WaterSense Partner or show evidence of successfully completing one of the approved courses listed below:

[1] Rutgers University Continuing Education Course, Irrigation Systems: Scheduling.

[2] Irrigation Association's online course, Landscape Irrigation: Scheduling.

[3] A comparable course offered by a recognized continuing education facility or professional association.

(c) A property-specific irrigation program shall be developed by the irrigation manager based on plant variety, soil type, exposure, slope, precipitation rate, and irrigation efficiency.

(d) Weekly adjustments shall be made to the irrigation schedule based on current evapotranspiration (ET) rates or weather conditions.

(e) If it is found that an irrigation manager does not follow any of the terms prescribed in this Section, they may be disqualified from acting as a property's irrigation manager.

(5) All automatic irrigation systems:

(a) Shall be equipped with an operational automatic rain sensor device which disables the system when a predetermined amount of rainfall has occurred. Each rain sensor device shall be capable of and programmed to interrupt the automatic irrigation cycle when 1/4 inch of rain has fallen.

(b) Any work performed on a system as a result of any inspection made by the homeowner or a professional must be in compliance with the Landscape Irrigation Contractor Certification Act of 1991 (N.J.S.A. 45:5AA-3).

(c) Flowers and shrubs irrigated with drip or micro irrigation may be watered as needed.

(6) All new irrigation systems must comply with the following:

(a) The system must be installed by an EPA WaterSense Partner who holds a New Jersey Landscape Irrigation Contractor Certificate pursuant to N.J.S.A. 45:5AA-3.

(b) New Jersey irrigation best management design practices are listed below:

[1] Designing a system that ensures sufficient operating pressure at the sprinkler head;

[2] Dividing irrigated areas into hydro-zones of turf and plants with similar water requirements;

[3] Creating zoning systems according to exposure;

[4] Considering the soil type so the sprinkler irrigation precipitation rate is compatible with the soil infiltration rate or dividing the zone runtimes into multiple short cycles;

[5] Providing separate control of sloped areas;

[6] Preventing sprinkler heads from overthrowing onto driveways, roads, and sidewalks;

[7] Providing for separate irrigation for parkway strips between curbs and sidewalks that minimizes overthrow onto walks, pavement, and other impervious surfaces;

[8] Using pressure-regulating technology as necessary to ensure sprinkler heads operate within the manufacturer's recommended range. The pressure regulation may be:

[a] A pressure regulation device at the point of connection;

[b] Pressure regulation at each remote control valve;

[c] Pressure regulation at the sprinkler head;

[d] A combination of the above.

[9] Irrigating all flowers and shrubs with drip and/or microirrigation;

[10] Including check valves in low sprinkler heads to prevent low-point drainage;

[11] Having a pressure-regulating device and wye strainer on each drip/micro control valve.

(c) Systems must have a SMART controller capable of estimating or measuring depletion of available plant soil moisture and operating the irrigation system only to replenish the water as needed while minimizing excess water use.

[1] The SMART controller must be an EPA WaterSense labeled SMART controller and listed on their website, http://www.epa.gov/watersense/product_search.html, and select irrigation controllers from the drop-down menu.

[2] The SMART controller must be programmed by an EPA WaterSense Partner who holds a New Jersey Landscape Irrigation Contractor Certificate pursuant to N.J.S.A. 45:5AA-3.

[a] Proper sprinkler head data and accurate soil/plant/irrigation information must be entered;

[b] The SMART controller programming data shall be posted at the controller;

[c] The WaterSense partner must make a minimum of two site visits after the initial programming to adjust and fine tune the irrigation schedule.

(7) Upon the declaration of water emergency by the Council of the City of Rahway as stipulated in § 411-5F, additional restrictions may be imposed and shall supersede the restrictions in this section.

(8) State of New Jersey requirements shall supersede those identified in this section when more stringent than those identified in § 411-5.

B. Violations.

(1) Violations include knowingly or recklessly watering or irrigating or permitting irrigation of lawn or landscape on owned, leased, or managed property that results in the following:

(a) Watering during any form of precipitation;

(b) Water leaking from any irrigation equipment;

(c) Water puddling on landscaped or impervious surfaces;

(d) Water runoff from irrigated property;

(e) Irrigating on days not permitted in this section;

(f) Irrigating at hours not permitted in this section.

(2) Violators of these guidelines and requirements are subject to fines and penalties described in § 411-5D.

(3) All water users in the City of Rahway are responsible for preventing the above violations.

C. Enforcement of water conservation guidelines.

(1) The water use restrictions and automatic rain sensor requirement imposed pursuant to this section shall be enforced by the City Engineer and/or Code Enforcement Officer.

(2) Whenever the City Engineer and/or Code Enforcement Officer shall observe a violation of the water use restrictions established in § 411-5A, regardless of the source of the water (public supply or private source), such authorized official shall issue a written warning and explain the penalties set forth for a second and third offense, as provided in § 411-5D.

(3) The City Engineer and/or Code Enforcement Officer shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense.

(4) The City Engineer and/or Code Enforcement Officer and/or their designee is hereby duly authorized to issue summonses for the violation of the water use restrictions imposed pursuant to § 411-5A.

D. Penalties.

(1) After a written warning has been issued for a first offense in accordance with § 411-5C above, any person or business that thereafter violates the water use restrictions imposed pursuant to § 411-5A shall be subject to a minimum penalty of $50 for such first violation.

(2) No Municipal Court appearance shall be required for such first violation, unless the person or business pleads not guilty to the alleged violation.

(3) Each subsequent violation shall be subject to a penalty to be imposed at the discretion of the Municipal Court Judge.

E. Exemptions. Restrictions in § 411-5A above do not apply to the following:

(1) Outdoor water use from rainwater harvesting, gray water, or reclaimed water are exempt from the provisions of the section. Use of gray or reclaimed water must have an approved NJPDES permit issued through the NJDEP.

(2) Outdoor water use for commercial farms producing harvestable crops, commercial nurseries, sod farms and golf courses are exempt from the provisions of the section.

(3) Outdoor irrigation necessary for one day only where treatment with an application of chemicals requires immediate watering to preserve an existing landscape or to establish a new landscape.

(4) Outdoor irrigation necessary for the establishment of newly sodded lawns or landscaping within the first 21 consecutive days of planting.

(5) Visually supervised operation of an irrigation system by a person in compliance with the New Jersey Landscape Irrigation Contractor Certification Act of 1991 (N.J.S.A. 45:5AA-1) and at the minimum rate necessary in order to check system condition and effectiveness.

F. Declaration of water emergency.

(1) Declaration of water emergency. A water emergency may be declared upon action by a resolution of the City Council of the City of Rahway:

(a) Whenever the City Engineer in his or her professional judgment finds that emergency conditions exist within the City, he or she shall recommend to the City Council that a water emergency be declared. Said recommendation shall contain findings which specify which water use restrictions, if any, contained in § 411-5F(2) below are appropriate. Factors that the City Engineer may consider in making said recommendation include, but are not limited to, the following:

[1] Lack of precipitation for an extended time period;

[2] Below-average water levels in municipal streams or other surface water bodies;

[3] Declaration of a water emergency by the Governor;

[4] Declaration of a water emergency by a surrounding municipality or municipalities;

[5] Designation by the New Jersey Department of Environmental Protection of a drought watch or drought warning condition;

[6] Below-average water levels in wells monitored by the United States Geological Survey, New Jersey Geological Survey, or other wells monitored by agencies of the United States or New Jersey;

[7] Evidence of low or dirty water yields in private wells in the City; and

[8] Declaration of a water emergency resulting from infrastructure failure or any other safe drinking water emergency issues.

(b) Upon the receipt of such a recommendation, the City Council may accept the City Engineer's recommendation and findings, or any portion thereof, and adopt a resolution declaring a water emergency in the City.

(c) Such resolution declaring a water emergency may be adopted by the City Council at any regular, special, adjourned or emergency public meeting of the City Council. Such resolution shall specify which of the water use restrictions, if any, contained in § 411-5F(2) below are being imposed. Such resolution shall be effective immediately upon publication and shall continue in effect for 90 days, or such lesser time period as may be specified, unless extended or repealed as set forth in § 411-5F(3) and (4) below.

(2) Water use restrictions. Upon adoption by the City Council of a resolution declaring that a water emergency exists in the City:

(a) All citizens shall be urged to observe voluntary indoor conservation measures; and

(b) Water use restrictions, including but not limited to those set forth below, may be included in a water emergency resolution:

[1] Restricting the watering of all plant growth, except commercially grown food crops, sod at commercial sod farms, and golf courses and nursery stock at nurseries or retail outlets;

[2] Restricting the washing of vehicles, except for emergency vehicles, and by a commercial enterprise whose primary function is car washing, regardless of whether the operation is mobile or stationary or in those instances where a threat to public health may exist;

[3] Restricting the washing of driveways, sidewalks, decks, patios or other paved areas;

[4] Restricting the service of water in restaurants, clubs, or eating places, unless specifically requested by patrons;

[5] Restricting the use of fire hydrants by fire companies for testing fire apparatus and for Fire Department drills except as the Fire Chief deems necessary in the interest of public safety;

[6] Restricting the use of fire hydrants by the Department of Public Works, contractors, and all others, except as necessary for firefighting or protection purposes;

[7] Restricting the use of water for all outdoor recreational purposes;

[8] Restricting the washing of the outside of dwellings, buildings, or other structures, except windows;

[9] Restricting the operation of any ornamental fountain or other structure making a similar use of water except as necessary to preserve or support fish and aquatic life;

[10] Restricting the washing of streets by a street sweeper, except in those instances where reclaimed water for beneficial reuse (RWBR) is authorized under a valid New Jersey Pollutant Discharge Elimination System (NJPDES) permit; and

[11] Restricting any other water use activity specified by the City Council in the resolution required by § 411-5F(1)(b) above which is deemed reasonable and necessary under the circumstances considering the nature and extent of the water emergency.

(c) The following restrictions may be imposed on the water uses stated in § 411-5F(2)(b):

[1] Limitation of all outdoor usage which is not strictly prohibited by this section to between the hours of 6:00 a.m. and 9:00 a.m. or between 5:00 p.m. and 8:00 p.m.;

[2] The watering of any single area shall not exceed 30 minutes per day; and

[3] Any other restriction specified in the resolution adopted by the City Council which is reasonable under the circumstances considering the nature and extent of the water emergency.

(d) Any water use restriction imposed pursuant to § 411-5F may be amended by the City Council to add, alter, or delete any restriction at any time during the water emergency provided that said amendment shall be adopted by resolution of the City Council.

(e) Any water use restriction imposed pursuant to § 411-5F shall apply equally to both users on privately owned wells and users served by a public or semipublic water system.

(f) Nothing in this section shall be read so as to prohibit, restrict or limit water usage where a bona fide health emergency exists.

(3) Duration of water emergency. Whenever the City Engineer in his or her professional judgment finds that the emergency drought conditions in the City have abated prior to the expiration of the time period specified in the resolution, he or she shall recommend to the City Council of the City of Rahway that the water emergency cease. Upon such a recommendation to cease, the City Council may adopt a resolution declaring the water emergency at an end and the water use restrictions previously imposed as no longer applicable. Otherwise, at the end of the time period specified in the original resolution, the water use restrictions identified in the original resolution shall lapse and be inapplicable and unenforceable.

(4) Extension of water emergency time period. If, at the expiration of the time period specified in the resolution, the City Engineer in his or her professional judgment finds that the emergency drought conditions have not abated, he or she shall recommend to the City Council that the water emergency remain in effect. Said recommendation shall specify the duration of the extension. Whenever the City Council has received such a recommendation, it may accept the City Engineer's recommendation and findings, or any portion thereof, by adopting a resolution to extend the water emergency. Said resolution shall specify the duration of the extension, which shall not be for more than 90 days.

(5) Notice. Reasonable attempts shall be made to notify citizens and residents of the City of the existence of a water emergency, the restrictions imposed, and the penalties for violations.

G. Enforcement of water use restrictions. The water use restrictions imposed pursuant to § 411-5F shall be enforced during a water emergency by the City Engineer, Code Enforcement Officer, and enforcement personnel in the Department of Public Safety. Whenever these enforcement officials shall find a violation of the water use restrictions, regardless of the source of the water, these enforcement officials shall give the violator a written warning explaining the penalties for a violation of the Code. These enforcement officials shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been issued a written warning. These enforcement officials are hereby duly authorized to issue summonses for the violation of the water use restrictions imposed pursuant to this § 411-5F.

H. Penalties. After a written warning for a first offense in accordance with § 411-5B, any person or business that thereafter violates the water use restrictions imposed pursuant to this subsection shall be subject to a minimum penalty of $50 for such first violation. No Municipal Court appearance shall be required for such first violation, unless the person or business pleads not guilty to the alleged violation. Each subsequent violation shall be subject to a penalty to be imposed at the discretion of the Municipal Court Judge.

§ 411-6 Replacement of lead service lines within City.

[Added 11-21-2023 by Ord. No. O-42-23]

A. The City of Rahway, its agents, successors or contractors, hereafter referred to as "the City," are hereby authorized to enter any property within the City of Rahway to perform a lead service line replacement pursuant to P.L. 2019, c. 291,[1] but shall not enter any part of the property that is not directly related to performing a lead service line replacement. The service line shall include all piping and fittings connecting the water main to the property and shall include the water meter.

[1] Editor's Note: See N.J.S.A. 58:12A-38 et seq.

B. At least one week before entering a property to perform a lead service line replacement, the City shall notify the owner of record of the property and any occupant of the property of the need for lead service line replacement.

C. The City shall make every effort to notify the owner of record and any occupant of the property in person, but if the owner or occupants are unable to be reached in person, the City shall send, by certified mail, a notification to the owner and any occupants or post a written notification in a prominent location on the property.

D. The notification shall be written in both English and Spanish and shall include:

(1) The scheduled date and time of the lead service line replacement;

(2) Whether City employees will be performing the service line replacement and, if not, the entity performing the service line replacement;

(3) The extent of any water service disruptions resulting from the service line replacement;

(4) Any locations where occupants can access supplemental drinking water due to any service disruptions; and

(5) That if the City is unable to gain access to the property in order to replace the lead service line, no department within the City of Rahway, as permitted by law, shall issue any permits, approvals, certificates of occupancy, or certificates of approval for continued occupancy for any property until a lead service line replacement is scheduled.

E. Upon completion of the lead service line replacement, the City shall send a letter to the owner of the property confirming the replacement and the date on which the work was performed.

F. On an ongoing basis, but not later than every 30 days, agents of the City contracted to work on the lead service line replacement project shall inform the City of Rahway Engineering Department as to which properties it has successfully performed a lead service line replacement on and which properties it was unable to perform a lead service line replacement on due to an inability to gain access to the property.

G. Where the City is unable to perform a lead service line replacement because of the inability to gain access to the property, the Department of Property Maintenance shall deny the issuance of a certificate of occupancy for that property until a lead service line replacement has been performed.

H. Upon the required notice set forth herein, the owner or occupant of any property that has been determined to require a lead service line replacement shall permit the City access to the property to perform said replacement. If the owner or occupant refuses to grant access to the property to perform the required lead service line replacement, said owner or occupant shall be subject to a fine not to exceed $2,000. Each day that a violation continues shall be a separate and distinct offense.