[Adopted 6-25-1991 by Ord. No. 911-91]
Ordinance No. 849-89, which in part repealed
Ordinance Nos. 809-88 and 816-88, of the Code of the Borough of Caldwell,
is hereby repealed in its entirety upon the effective date of this
article.
As of the effective date of this article, and
thereafter, the cost of supplying sewer service to Caldwell users
shall be paid through municipal property taxes, except as hereinafter
provided.
[Amended 9-14-1999 by Ord. No. 1088-99; 10-1-2019 by Ord. No. 1372-19; 12-15-2020 by Ord. No. 1396-20; 8-16-2022 by Ord. No. 1431-22; 10-11-2022 by Ord. No. 1434-22]
A.
The sewer service charge is hereby established for all users of the
Borough sewer services according to three classes of user as follows:
(1)
Metered
users. Metered users are all accounts possessing an approved sewer
flow metering system. The annual sewer volume for this class for any
calendar year shall be the actual metered sewer volume of the previous
year. Quarterly sewer volume for each quarter shall be one-quarter
of the annual sewer volume.
(2)
Non-metered
users. Non-metered users are all sewer users that do not utilize an
approved sewer flow metering system. Quarterly sewer volume for this
class shall be calculated as 90% of the average actual water consumption
for the first and fourth quarters of the immediately previous year.
The water meter readings to be used in calculating the average water
consumption shall be made as close to the end of each calendar quarter
as is practicable, which means that the first quarter water meter
reading should take place as close to March 31 as practicable, that
the second quarter water meter reading should take place as close
to June 30 as practicable, that the third quarter water meter reading
should take place as close to September 30 as practicable and that
the fourth quarter water meter reading should take place as close
to December 31 as practicable. The average of the water meter reading
taken on or about March 31 and the water meter reading taken on or
about December 31 of each year, multiplied by 90%, shall be used as
the basis for each quarterly sewer billing for this class of user
for the following calendar year.
B.
Specialty users.
(1)
Specialty users are all sewer users whose operations cause the volume
of sewer flow to differ very substantially from the amount of metered
water flowing into the property and which are unwilling or unable
to utilize a sewer flow meter. Subject to formal acceptance by the
Mayor and Council, specialty users may be billed for a quarterly sewer
volume that is based on an engineering study, performed by and certified
to by a licensed professional engineer. To be eligible for approval,
such study must demonstrate that there is a measurable relationship
between the amount of sewer flow generated by the specialty user and
some variable that is available to the Borough to measure. Some examples
of possible specialty users are entities that utilize significant
amounts of water in a production process by which a large proportion
of that water leaves the property as part of a product being offered
for sale, such as takes place in the production of foods and beverage;
or entities such as laundromats that perform operations that cause
large amounts of water to be extracted through evaporation prior to
discharge into the sanitary sewer system. Approval of the use of an
engineering study shall be subject to annual review by the Borough,
which may, at its sole discretion, require the study to be repeated
to ensure its continued propriety for use.
(2)
The quarterly sewer volume for specialty users shall be such amount
as is determined by the application of the methodology set forth in
the approved engineering study, which shall be billed at the rate
set forth for non-metered users.
[Amended 10-1-2019 by Ord. No. 1372-19; 12-15-2020 by Ord. No. 1396-20; 8-16-2022 by Ord. No. 1431-22; 10-11-2022 by Ord. No. 1434-22]
A.
Sewer rate (metered users): The rate charged to metered users for
each quarter shall be the greater of the following:
B.
Sewer rate (non-metered users): The rate charged to non-metered users
for each quarter shall be the greater of the following:
C.
Sewer billing. The invoice for sewer services provided in the fourth
quarter of the immediately prior year shall be issued on or before
February 15. The invoice for sewer services provided in the first
quarter of the current year shall be issued on or before May 15. The
invoice for sewer services provided in the second quarter of the current
year shall be issued on or before August 15. The invoice for sewer
services provided in the third quarter of the current year shall be
issued on or before November 15.
D.
Exempt properties: The following properties shall be exempt from
the payment of the sewer service charge:
(1)
All property owned by the Borough shall be exempt from the payment
of a sewer service charge including but not limited to the following:
(a)
Rescue squad, fire department and police department facilities.
(b)
Department of Public Works facilities.
(c)
Caldwell Public Library.
(d)
Caldwell Community Center.
(e)
Borough recreation facilities.
(f)
All other buildings and/or facilities used for public purposes by
the Borough of Caldwell.
(2)
All properties for which sanitary sewer service is not provided,
including properties served by septic systems.
E.
Private wells: The Borough reserves the right at its sole discretion,
where a private well for water supply is involved, to require the
owner to install facilities, at the owner's expense, for measuring
or determining the volume of sewage discharges into the sanitary sewage
system. The volume thus metered or measured shall be the basis for
sewer service charges in accordance with provisions stated elsewhere
herein.
F.
Billing disputes:
(1)
The Mayor and Council hereby create the Sewer Dispute Resolution
Committee. The Committee shall consist of the Borough Administrator,
the Tax Collector and the Sewer Director, with the Mayor as an ex-officio
member.
(2)
The Sewer Dispute Resolution Committee shall only review disputes
regarding the sewer volume. The Committee cannot alter the sewer volume
rate set by the Borough Council and the Committee may only consider
an account's actual water billing when a modification of the calculated
sewer volume is sought.
(3)
Disputes over sewer volumes may only be challenged through written
request to the Sewer Dispute Resolution Committee. Residents are required
to provide supporting data at least seven calendar days in advance
of the Committee's meeting to consider the request. In order for any
dispute to be considered, all municipal taxes, users' fees and other
municipal obligations must be up to date. Consideration will not be
given to those with an outstanding unpaid balance.
(4)
The Committee may elect to have an agent review the disputes prior
to the review by the full Committee. The agent could be a member of
the Committee or another qualified person such as the Borough Engineer,
Borough Building Code Official or other qualified staff from the Borough.
The agent will report its findings to the Committee.
[Amended 6-23-1992 by Ord. No. 932-92]
The sewer rate for purposes of computing any
excess sewer charge shall be established by the governing body annually,
by resolution, based on the number of equivalent connections that
are determined to exist for the then current year.
Any annual excess sewer charge shall be billed
in quarterly installments and forwarded by mail to the then current
owner as appears in municipal tax records no later than April 30 for
the first quarter, July 1 for the second quarter, October 31 for the
third quarter and January 31 of the subsequent year for the fourth
quarter. Payment on the bills so mailed shall be made no later than
30 days after the bill is placed in the mail. In the event that there
is an adjustment made in the portion of the municipal tax rate necessary
to provide sewer service subsequent to any billing, which adjustment
is necessary by virtue of the budget approval process, an adjustment
increasing or decreasing the excess sewer charge, as appropriate,
shall be made equally in the third and fourth quarter billings.
