The existing publicly owned and operated sanitary sewer system
of the Township, previously operated by the Delran Sewerage Authority,
shall be operated by the Township as the sewer utility of the Township
of Delran. Such sewer utility shall hereinafter be referred to as
the "Department of Sewer Utility" or "Sewer Utility," or "Department,"
which shall be operated under the control of the Director.
It is the purpose of this chapter to empower the Township of Delran, through the Department of Sewer Utility created pursuant to §
20-150 of the Code of Delran Township, to perform all such reasonable and necessary functions in connection with providing sewer collection, disposal and treatment as afforded to the Township by the provisions of N.J.S.A. 40A:26A-1 et seq., without limitation, and the collection of fees therefor. The provisions of this chapter are subject to the ability of the Township to provide sewer service to the extent permitted by law, and in accordance with the terms and conditions of any existing contracts which are legally binding upon the Township.
As used in this chapter:
CONNECTION
Any physical connection, cross connection, by-pass, valve,
pipeline, or any like device which permits or may permit any flow
of wastes from any source into the sewer facilities operated by the
Sewer Utility.
CUSTOMER
The owner of the premises contracting for sewer service pursuant
to the customer classifications established by the rules and regulations
of the Sewer Utility.
DIRECTOR
The duly appointed Director of the Department of Sewer Utility.
SEWER FACILITIES
The plants, structures or other real and personal property
acquired, constructed or operated, or to be financed, acquired, constructed
or operated by the Township or any parts thereof, used for the storage,
collection, reduction, reclamation, disposal, separation or other
treatment of wastewater or sewage sludge or for the final disposal
of residues resulting from the treatment of wastewater, including,
but not limited to, pumping and ventilating stations, treatment plants
and works, connections, outfall servers, interceptors, trunk lines
and other appurtenances necessary for their use or operation.
SEWER UTILITY
The Department of Sewer Utility, acting pursuant to the direction
of the Township through its elected and appointed officials, and performing
all functions pertaining to the collection and treatment of sewerage
heretofore performed by the Delran Sewerage Authority, and as may
hereafter be necessary in connection with any sewer facilities now
or hereafter constituting part of the Township's sewer facilities.
The Township Council is hereby empowered to adopt, by resolution,
regulations, including but not limited to, such portions of the current
rules regulating the Delran Sewerage Authority entitled "Delran Sewerage
Authority Rules and Regulations," prepared by Richard A. Alaimo Association
of Engineers, dated March 27, 2000 and bearing a last revised date
of April 22, 2002, as it deems proper and necessary in order to enable
the Department to perform the purposes enumerated herein and any additional
rules as it deems necessary and proper to the function of the sewer
facilities. In addition, the Township is hereby empowered to retain
the professional services of such sanitarian, engineer, operator or
other expert as the Township shall determine to be necessary for the
purpose of the Department or for establishing appropriate rules and
regulations affecting operation, maintenance or extension of the sewer
facilities or the establishment or revision of charges or connection
fees to customers. The rules and regulations of the Department may
by reference incorporate other codes, statutes and/or regulations
as appropriate.
There is hereby established a transition period of 120 days'
duration from the effective date of this chapter, during which time
the Director shall assume the operation of the Sewer Utility functions
heretofore carried out by the Delran Sewerage Authority. During such
transition period, which may be extended by resolution of the Township
for such reasonable time as it deems proper and just, the Director
shall utilize the rules and procedures as established by the Delran
Sewerage Authority, entitled "Delran Sewerage Authority Rules and
Regulations," prepared by Richard A. Alaimo Association of Engineers,
dated March 27, 2000, and bearing a last revised date of April 22,
2002, except where such rules and procedures are inconsistent with
the provisions of this chapter. These rules and procedures are annexed
to this chapter, and three copies of same have been placed on file
upon the introduction of this chapter and are now filed in the Office
of the Clerk of the Township of Delran, and will remain on file there
for the use and examination of the public, pursuant to the provisions
of N.J.S.A. 40:49-5.1. During such transition period, which may be
extended by resolution of the Township for such reasonable time as
it deems proper and just, the Director shall utilize the connection
fees established by the Delran Sewerage Authority, as set forth in
"the Delran Sewerage Authority Resolution No. 2009-33, Charges Relating
to Connection with the Sewerage System of the Delran Sewerage Authority,
Effective April 27, 2009."
To the extent not specifically set forth herein, the Township
Council specifically reserves unto itself all those certain powers,
rights and responsibilities as set forth at length in N.J.S.A. 40A:26A-1
et seq.; which provisions may be deemed by the Township necessary
for the operation of the Sewer Utility.
All future revenue and the accounting therefor from said Sewer
Utility shall be on a dedicated utility basis in conformance with
the provisions of N.J.S.A. 40A:4-33, 34 and 35. All monies derived
from the operation of said Sewer Utility and any other monies 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 the Sewer Utility shall include appropriations
for operating expenses, capital improvements, debt service and for
the portion of all other deferred charges and statutory expenses as
may be required.