[Adopted 12-22-1981 by Ord. No. 921]
[Amended 9-28-1982 by Ord. No. 948]
Commencing January 1, 1982, and thereafter, an annual sewer user charge will be paid by all users of the facilities provided by the Borough of Middlesex and the Middlesex County Utilities Authority (hereinafter referred to as "MCUA") in accordance with the terms and provisions of this article.
[Amended 10-23-2012 by Ord. No. 1819]
A. 
"Tax exempt" includes institutions which pay no ad valorem taxes or receive substantial credits in paying such taxes, except public schools and publicly owned facilities performing local government functions which discharge solely domestic wastes.
B. 
“Industrial and commercial” includes all users, regardless of the discharge volume, who are not classified as "tax exempt" or "residential."
[Amended 4-19-2016 by Ord. No. 1889; 9-13-2022 by Ord. No. 2067]
C. 
“Residential” includes all users introducing domestic sanitary waste from any single or multifamily dwelling. Each dwelling unit on any residential lot shall be considered its own service unit as follows:[1]
[Amended 12-17-2013 by Ord. No. 1845; 4-19-2016 by Ord. No. 1889; 9-13-2022 by Ord. No. 2067]
(1) 
Each single-family residence: one service unit;
(2) 
Each house trailer: one service unit;
(3) 
Each dwelling unit within a two-family, multifamily, apartment house, condominium complex, townhouse complex, commercial building, or other residential building shall be one service unit.
[1]
Editor’s Note: Former Subsection D, as amended, which enumerated classifications for purposes of determining sewer charges, and which immediately followed this subsection, was repealed 4-19-2016 by Ord. No. 1889.
[Amended 4-19-2016 by Ord. No. 1889; 9-13-2022 by Ord. No. 2067
A. 
All users introducing more than 100,000 gallons per annum of wastewater discharge shall be invoiced directly for their use of the sewage treatment system. Sewer user charges shall continue to be charged to tax-exempt users (as described in § 332-41A), industrial and commercial users (as described in § 332-41B), and residential users (as described in § 332-41C) through ad valorem taxes rather than through direct sewer use charges for the first 100,000 gallons per annum of wastewater discharge introduced. Thereafter, charges under § 332-43 hereunder shall be in addition to the amounts charged under their ad valorem taxes. The separate invoicing process for exceeding 100,000 gallons per annum shall apply to all users.
B. 
Sewer user charges shall be charged to residential users per service unit as described in § 332-41C. Each service unit shall be allotted 100,00 gallons per annum. For example, a tax lot housing 10 service units shall be allotted 1,000,000 gallons per annum before the separate invoicing process shall apply.
[Amended 10-13-2009 by Ord. No. 1752; 10-23-2012 by Ord. No. 1819[1]]
A. 
At least once each year, the Borough of Middlesex shall review and revise, as necessary, sewer use and sewer user charges and shall establish by resolution a schedule of charges by flow, biochemical oxygen demand, suspended solids, chlorine demand and other such criteria as the Borough of Middlesex shall deem appropriate. Any charges so established shall provide for the equitable distribution of:
(1) 
MCUA operations and maintenance charges.
(2) 
MCUA debt service charges.
(3) 
Sewer system maintenance and operation charges incurred by the Borough of Middlesex, including overhead.
(4) 
Borough of Middlesex debt service related to the sewer system.
(5) 
Charges from other sewerage and/or other municipalities or political subdivisions.
(6) 
Other sewerage-related costs.
B. 
The schedule of user charges shall provide for revenue in an amount not less than equal to the total of the above costs. The schedule of charges shall be amended yearly, at the time of adoption of the Borough's annual budget or at such other times as the Borough may determine to reflect changes and/or adjustments in the changes.
C. 
Rates.
Item
Charge
Flow
As per Subsection C(4)(a) below
BOD
$194.43 per ton
SS
$277.57 per ton
Cl
$105.01 per hundred weights
(1) 
The rates established herein shall adjust automatically to reflect any increases in the annual charges by the MCUA to its rates.
(2) 
The quantities to be used for the billing shall be as follows:
(a) 
BOD: 200 mg/l.
(b) 
SS: 280 mg/l.
(c) 
Cl: four mg/l.
(3) 
Industries that produce high quantities of BOD and SS shall be required to sample their waste to determine what BOD, SS and chlorine (Cl) should be used for their billing.
(4) 
Unless actual metered wastewater discharge is available, sewer user charges hereunder shall be based upon the water flow for the immediately preceding year. The first 120,000 gallons of wastewater discharge per annum for all users shall not be subject to the service charge hereunder, except that any user that exceeds 120,000 gallons of wastewater discharge in any calendar year shall be subject to the sewer charge hereunder for all wastewater discharge. All users which discharge more than 120,000 gallons of domestic sanitary wastewater per annum, in addition to the prevailing MCUA rates applicable to nonresidential users for BOD, SS and CI, shall be charged a service charge for flow as follows:
[Amended 12-17-2013 by Ord. No. 1845; 11-18-2014 by Ord. No. 1866; 4-19-2016 by Ord. No. 1889[2]]
(a) 
Service charge for flow.
Tier:
Gallons per Year
Rate per Gallon
(100s)
I
1 to 120,000
N/A
II
120,001 to 1,000,000
0.699
III
1,000,001 to 5,000,000
0.510
IV
5,000,001 to 20,000,000
0.475
V
20,000,001 or more
0.400
(b) 
Except as provided in § 332-41, as may be amended, all structures or properties which discharge more than 120,000 gallons of domestic sanitary wastewater per annum shall be charged the rates charged by the Middlesex County Utilities Authority for BOD, SS and CI, above, and a service charge for flow categorized as per Subsection C(4)(a), above, for the flow amount exceeding 120,000 gallons per annum.
[2]
Editor’s Note: This ordinance provided an effective date of 1-1-2016.
[1]
Editor’s Note: This ordinance provided an effective date of 1-1-2013.
[Added 11-12-2002 by Ord. No. 1572; amended 4-19-2016 by Ord. No. 1889; 9-13-2022 by Ord. No. 2067]
Any dispute as to the billing or charges so determined by §§ 332-42 and 332-43 as to the amount of the bill or the calculation thereof may be appealed as follows:
A. 
Directly to the Borough Tax Collector, who shall forward the appeal to the Borough Engineer.
B. 
Said appeal shall be in writing and shall include, in sufficient detail, the relief sought and the evidence, information or documents to support the relief sought. Relief shall be granted if the Borough Engineer agrees in his/her official capacity upon such relief. The decision shall be final and binding.
C. 
All appeals must be filed within 45 days of dispatch of such billing or charge sought to be appealed.
D. 
No appeal shall be considered by the Engineer, and an appeal shall not be considered as filed, unless payment of the entire sewer bill, including any disputed amounts, is made and received by the Borough in full.
[Amended 4-19-2016 by Ord. No. 1889]
Whenever actual readings of sewage flow are available, those readings shall be used in determining flow charges. All industrial users shall be monitored for actual flow. Where actual readings of sewage flow are unavailable, flow will be estimated by any of the following ways:
A. 
By taking 100% of the average water flow and/or other meter reading for the immediately preceding year. Credit for water not discharged into the sanitary sewer may be given to the user by the Borough if the user presents proof satisfactory to the Borough which established the amount of water not discharged.
B. 
The volume of sewage and/or waste from each user may be determined by meters paid for and installed by users and records combined with municipal and/or private company water records or from estimates of measurements made by representatives of the municipality.
Wherever actual readings of biochemical oxygen demand, suspended solids and chlorine demand of a user are available, those readings shall be used in determining charges for the strength of sewage. All industrial users shall be monitored or their sewage sampled periodically to determine the biochemical oxygen demand, suspended solids and chlorine demand characteristics of the sewage. The industrial or commercial user shall, at its own expense, provide facilities for the taking of samples and shall sample the biochemical oxygen demand, oxygen demand, suspended solids and chlorine demand characteristics of its sewage at the frequency assigned and according to the method prescribed by the Borough and shall report the results of such sampling to the Borough quarterly or as required by the Borough.
A. 
Any flows or strengths which are not chargeable to a particular user, whether by reason of the user being exempted from charges or by reason of the flow entering the system by infiltration or inflow, shall be charged to all users proportionately on the basis of flow.
B. 
No roof drainage, cellar drainage, unpolluted industrial process water, surface water, waste from hydrants or groundwater from underground drainage fields shall be admitted or be permitted to drain into the sewage system. The sewer system is intended to convey sanitary sewage and industrial wastes only.
[Amended 4-19-2016 by Ord. No. 1889[1]]
Any user objecting to any estimate of flow or strength hereunder shall have the option, at its own expense and cost, of installing metering equipment and sampling devices on its discharge lines to record actual flow and strength readings. The metering equipment used, its installation and the location of installation and method of sampling shall all be subject to review and approval by the Borough of Middlesex or its designated representative. On an annual basis, the Borough of Middlesex, or its designated representative, shall confirm the certified meter reading or sampling results by means of an on-site inspection. Any user electing to install metering equipment and/or sampling devices shall pay an annual inspection fee to the Borough of Middlesex in the amount of $100, which amount shall be added to any fees and charges under § 332-43 hereunder. In the event metering equipment or sampling devices are installed, such readings of actual flow and strength readings shall only become applicable for purposes of determining any charges under § 332-43 when one full calendar year of metering and/or sampling have been collected. By way of example, if a user installs such equipment or devices in July 2016, the charges under § 332-43 shall be based upon metering and samplings collected during the entirety of year 2017, which amounts are billed and payable in 2018. Nothing herein shall prohibit a user from appealing or disputing billing or charges as permitted under § 332-44 hereunder.
[1]
Editor’s Note: This ordinance provided an effective date of 1-1-2016.
Any user who discharges into the system toxic pollutants which cause an increase in the cost of managing the effluent or the sludge of the treatment works shall pay for the increased costs.
Any user not excluded under § 332-41C who connects to the system during any calendar month shall pay a pro rata user charge based upon the user charge assessed for the current quarter.
[Amended 4-19-2016 by Ord. No. 1889; 8-13-2019 by Ord. No. 1970]
A. 
The user charges established and provided for herein shall be due and payable 60 days after the date of billing. Unless actual flows are provided by the user, sewer user charges for the current year shall be based upon the water consumption and/or user charges for the immediately preceding year.
[Amended 9-13-2022 by Ord. No. 2067]
B. 
If any part of the amount due and payable in rates, rentals, connection fees or other charges remain unpaid for 30 days following the date for the payment thereof, interest upon the amount unpaid shall accrue at a rate of interest to be determined in the same manner as past-due real property taxes in the Borough.
C. 
The Borough shall have and its officers shall exercise all of the power and authority conferred upon it and them by the provisions of N.J.S.A. 40A:26A-12 in such case made and provided for in the imposition of liens for unpaid bills and for the collection thereof.
D. 
The Borough Council may, by resolution, authorize payment of delinquent assessments on an installment basis in accordance with N.J.S.A. 54:5-19.
Public buildings, which are defined as those used solely for local municipal purposes and/or public education, are excluded from the user charges called for in this article. The usage of said public buildings shall be treated as extraneous flow, as defined in § 332-47 hereinabove.