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.
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.
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.