[Adopted 10-13-1987 by Ord. No. 87-26]
The purpose of this article is (1) to provide for equitable charges to industrial users and (2) to require all industrial users to obtain a permit to discharge industrial wastes into the sewerage system and (3) to comply with rules and regulations pertaining thereto adopted by the Rahway Valley Sewerage Authority (RVSA), all in compliance with Federal Regulation 40CFR 403.10, dated June 25, 1978.
The Rules and Regulations Concerning Discharges to the Rahway Valley Sewerage Authority adopted by the RVSA on June 16, 1983, and amended from time to time, are hereby adopted to the extent applicable. The definitions contained therein are specifically incorporated herein by reference.
[Amended 6-14-1988 by Ord. No. 88-12; 6-14-1994 by Ord. No. 94-13; 3-14-1995 by Ord. No. 95-04; 2-27-1996 by Ord. No. 96-03; 3-10-1998 by Ord. No. 98-02; 4-11-2000 by Ord. No. 00-04; 4-11-2000 by Ord. No. 00-04; 5-14-2002 by Ord. No. 02-10; 4-11-2006 by Ord. No. 06-06; 2-27-2007 by Ord. No. 07-02; 6-26-2007 by Ord. No. 07-15; 5-13-2008 by Ord. No. 08-10]
A. 
Every industrial user connected to the Borough sewerage system and discharging industrial waste shall pay a charge to the Borough to cover the cost of treatment of said waste.
B. 
"Industrial user" as used in this section shall mean any nonresidential user that discharges more than the equivalent of 20,000 gallons of wastewater per year.
[Amended 4-13-2023 by Ord. No. 23-05]
C. 
Payment for industrial waste shall be based upon industrial waste flow.
D. 
(Reserved)
E. 
The rate schedule for industrial waste may be based upon the charges imposed upon the Borough by the Rahway Valley Sewerage Authority for the treatment of sewerage waste, together with such other factors which the Mayor and Council shall deem proper and equitable. In fixing rates, the Mayor and Council shall establish a rate structure that allows for:
(1) 
Recovery of all costs of treatment and of acquisition, construction or operation, including the costs of raw materials, administration, real or personal property, maintenance, taxes, debt service charges, fees and an amount equal to any budget deficit relating to sewers and sewerage occurring in the immediately preceding fiscal year.
(2) 
Establishing a surplus in an amount sufficient to provide for the reasonable anticipation of any contingency that may affect the opening of the Borough's sewerage facilities.
(3) 
Providing for such additional revenue as may be permitted by law.
F. 
The Borough reserves the right to include additional charges for industrial waste characteristics as may be imposed by the RVSA or to modify the rate so imposed to additionally provide for any cost to the Borough to be recovered.
[Amended 4-11-2006 by Ord. No. 06-06]
A. 
The rate schedule for industrial waste as set forth in listed above § 134-15C shall be established by ordinance of the Mayor and Council.
B. 
The Borough will accept industrial waste into the sanitary sewerage system only upon the issuance of a permit by the RVSA, if required, and subject to the rules and regulations propounded by the RVSA and amendments adopted thereto from time to time.
[Added 6-14-1988 by Ord. No. 88-12]
A. 
Every industrial user connected to the Borough sewerage system and discharging industrial waste shall pay an annual industrial sewer permit fee to the Borough of Garwood. The amount of said fee shall be determined and imposed in accordance with the "Rules and Regulations Concerning Discharges to the Rahway Valley Sewerage Authority", as amended from time to time. Bills for said industrial permit fee shall be rendered to the owner of each premises on or before May 1 of each year and shall be paid on or before June 1 of each year.
B. 
Said charges shall draw interest and be a lien upon the premises until paid and the Borough shall have and exercise the remedies for the collection thereof with interest, costs and penalties provided in N.J.S.A. 40A:26A-1 et seq.
[Amended 12-10-2002 by Ord. No. 02-28]
[Amended 6-14-1994 by Ord. No. 94-13; 4-11-2006 by Ord. No. 06-06]
A. 
Bills for the industrial sewer charge shall be rendered quarterly or annually and may be rendered with the tax bills covering real estate. Billings shall be based upon usage as measured and determined by the Borough. Billings showing actual charges shall be made as soon as practicable after same are determined. The total annual charge shall be based upon quarterly or annual usage as determined at the conclusion of quarter or each year and upon rates adopted by ordinance. Said charges shall become due and payable within 30 days after same are mailed.
B. 
Said charges shall be a first lien or charge against the property and shall draw interest until paid. The Borough shall have and exercise all of the remedies for the collection thereof with interest in accordance with N.J.S.A. 40A:26A-12 and N.J.S.A. 40A:26A-17.
A. 
Each owner of premises located on a street in which sewers are available shall connect all sewerage facilities becoming available and use said sewerage facilities at all time for sewerage disposal therefrom.
B. 
No alteration or repair to any part of the Borough sewer system or any connection thereto shall be made except by duly authorized representatives or employees of the Borough without application for such having been made to the Borough and approved by it and upon compliance with the Rules and Regulations of the RVSA which have been adopted herein by reference.
C. 
No cesspool, privy vault, subsoil or cellar drains, rain water or surface drains shall be connected with the sewer system or any part thereof. Only the sewerage systems of the premises shall be so connected.
Any person, firm or corporation failing to comply with or violating the provisions of this article shall, upon conviction, be subject to the penalties set forth in N.J.S.A. 58:11-54, et seq., N.J.S.A. 58:10A-10 and such other laws applicable thereto.