[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-21-1959 by Ord. No. 688 (Ch.
137, Art. I, of the 1974 Code)]
[Amended 2-14-1978 by Ord. No. 2-78]
For the purposes of this article, the following
words, clauses or terms shall be construed to mean and shall have
the meanings herein defined, unless otherwise specifically stated:
The person who assists the Water Registrar in the discharge
of his duties.
All pipes other than supply pipes or service pipes used for
carrying or distributing water.
The office of the Water Department.
That portion of the pipe from the curb box to the water meter,
of copper and of a size and quality as approved by the Water Department.
That portion of the pipe from the main to the curb box, of
copper and 3/4 inch in diameter or larger.
The person in charge of the office of the Water Department.
The person in charge of installations, meter reading, inspection
and maintenance work.
No person shall make use of any water from any
of the water mains or supply pipes of this Borough except such water
as is acquired in the manner herein provided.
Water shall be turned on and admitted into the premises of consumers only by the Water Superintendent or his agent upon notification by the Water Registrar. When the supply shall have been cut off for any purpose, except for repairs not chargeable to the consumer, it shall not be turned on again until all rentals in arrears and all other charges then due, including a fee set forth in § 407-25 for turning the water on, shall have been paid.
All water taken or consumed shall be supplied through a water meter, except as hereinafter provided, and shall be charged for at such uniform rates as set forth in § 407-25. No bills will be rendered or payment accepted for less than the minimum rate.
[Amended 5-20-1969 by Ord. No. 942; 4-3-1990 by Ord. No.
3-90]
A.
Proper connections.
(1)
All properties improved by residential, commercial
or industrial structures on streets through which the municipal water
system has been installed shall be connected with the water system.
(2)
All residential, commercial or industrial structures
being served by a well for domestic use shall have the proper connections
as approved by the Water Superintendent, the Borough of Totowa Board
of Health, the State Department of Health and Senior Services and
all other agencies having jurisdiction on wells and cross connections.
Permits and fees shall be paid as required by law.
B.
Within 30 days after notice has been given to the
owner thereof by the Water Superintendent, he shall make such connection,
and there shall be compliance with all of the provisions of this article.
C.
All current and future residential users shall have installed a water meter with remote reading capabilities. Current residential users shall, upon the adoption of this section, convert the existing water meter with remote reading capabilities at the owner's expense, as set forth in § 407-25, within 24 months on the adoption of this section.
[Amended 5-20-1969 by Ord. No. 942]
[Amended 11-12-1974 by Ord. No. 1027; 2-14-1978 by Ord. No.
2-1978; 4-3-1990 by Ord. No. 3-90]
A.
All bills for water consumed shall be rendered quarterly
on or before the end of the month following the preceding quarter
for all water consumed.
B.
All bills for standby connection charges, as set forth in § 407-25, shall be payable yearly in advance.
C.
All bills for water consumed shall be due when rendered,
and all bills for standby connection charges shall be due upon submission
of a bill from the Borough of Totowa as determined by its billing
procedure.
D.
Interest on delinquent bills for water consumed or standby charges shall be at the rate determined by resolution of the Borough Council for nonpayment of taxes or assessments, from the due date for all charges not paid within 30 days from the due date. If payment is not made within six months after the due date, the water will be shut off and not turned on again except on payment of arrears, interest and a fee, as set forth in § 407-25, for turning water off and on.
F.
Any water customers who are not at the principal place where the meter is located when the meter reader makes a recording of the water consumed shall, within three days, mail or make available the reading to the Water Registrar. Failure to make this reading available will result in an estimated reading. If any premises has three consecutive estimated readings or five estimated readings in any twenty-four-month period, they shall be directed to have installed, at the water consumer's expense, an external remote meter reading device, in accordance with § 407-25, prior to the mandatory installation of an external remote reading device, within 24 months of the adoption of this section.
The owner of any house, tenement, building,
plot, lot or lots shall be liable for the payment of the water rent
for the use of water by such owner or by the occupier, and such water
rent so fixed shall be a lien upon the house, tenement, building,
plot, lot or lots until the same shall be paid and satisfied; and
in case of nonpayment thereof, any such house, tenement, building,
plot, lot or lots shall be liable to be sold for the payment of the
lien of said water rent in the manner provided by law.
The applicant for the introduction of any water
supply, or a change of any existing water supply, shall pay all fees
covering the necessary road opening permits for state, county and
Borough roads and the costs of road repairs.
A.
Application for the introduction of any water supply, or for the change of any existing water supply, shall be made at the office of the Water Registrar by the owner of the premises or his authorized agent. The application must be made upon a blank form furnished for that purpose, and the applicant must subscribe to the conditions thereon, stating fully the uses to which the water is to be applied. A fee as set forth in § 407-25 will be charged for a supply line.
B.
Upon the receipt of an application for the introduction
of a larger supply line or for change of any existing water supply,
the Registrar will cause the Water Superintendent or his agent to
make an inspection of the premises and will prepare an estimate of
the cost of work applied for and render a bill for the same to the
owner of the premises. Upon payment in full of such fee and/or bill,
the work of making the proper connections with the premises will be
proceeded with as promptly as practical. If the estimated cost exceeds
the actual cost, a refund will be made to the applicant.
Meters will be set at a fee set forth in § 407-25. All meters are to remain the property of the Borough of Totowa Water Department.
The application for water connections herein
provided for shall be taken in all cases to be consent by the applicant,
owner or occupier to enter the premises for inspection of the meter
service or other apparatus connected with the water supply by the
Water Registrar, Water Superintendent or other duly authorized agent
of the Borough at all reasonable hours upon the presentation of the
badge or other credentials provided by the Water Department.
Inspectors of the Water Department, or any other
person delegated for that purpose by the Water Registrar or Water
Superintendent, must be allowed inside of buildings to shut off the
water supply for the purpose of inspection or in order that repairs
or alterations to water mains, pipes or stopcocks, etc., may be made.
No one except the Water Superintendent or any
other duly authorized agent shall tap the water mains, water supply
or service pipes nor shall turn water off or on at the curb box, except
in an emergency.
Upon notification or discovery of any leaks in supply or service pipes or stopcocks, the Water Department will shut off the water. Notification should be given to the Water Registrar, who will notify the Water Superintendent. Repairs to the service pipe shall be made at the expense of the owner. The Water Department shall make all repairs to supply pipes. The repair or replacement of a supply pipe shall be without charge, except for the fee set forth in § 407-25 for turning the water off and on.
Application for a permit to repair or replace a service pipe shall be made to the office of the Water Registrar by the owner of the premises or his authorized agent. A fee, as set forth in § 407-25, shall be charged for the permit, which fee shall be paid in advance. This fee shall cover the inspection of the service line from the curb box to the meter and turning off and turning on the water.
All persons who may be supplied with water from
any Borough water main shall maintain their house service pipes and
all fixtures in good order and protected from frost at their own expense
and shall prevent all unnecessary waste of water. It shall be the
duty of each consumer having notice or knowledge of leaks in service
pipes or supply pipes to his premises, or those occupied by him under
his control, forthwith to notify the Water Registrar. It shall also
be his duty to keep the curb box exposed and in an accessible condition.
It is expressly stipulated that no claim shall be made against the
Borough of Totowa by reason of the breaking of any supply or service
pipes or cocks, or from shutting off water to repair any mains or
making connections with same. Should it become necessary to shut off
the water from any section of the Borough for the purpose of making
changes or repairs, the Water Department will endeavor to give timely
notice to the consumers affected thereby and will so far as practical
use its best efforts to prevent inconvenience and damages arising
from any cause, but failure to give such notice will not render the
Department responsible or liable for damages that may result therefrom
or any other cause.
[Amended 4-3-1990 by Ord. No. 3-90]
Any person desiring to discontinue service to his property shall give at least five days' written notice to the Water Registrar, who will notify the Water Superintendent if the premises are to be vacant for an extended period. Water service will not be discontinued if the premises are to be occupied by any person. In the event that the owner requests that service be discontinued, the minimum charge will be as provided in § 407-25 each quarter, as long as a structure is located on the property.
Application for water for construction of a building must be made to the Water Registrar by the owner of the property on a suitable blank. A fee, as set forth in § 407-25, for the temporary placement of a meter for the construction of a building must accompany each application. Water shall be charged for at the current rate. It shall be the duty of the applicant to take care of the meter. All meters shall be placed to the satisfaction of the Water Superintendent or other duly authorized agent.
A.
All meters are to be placed under the supervision
and to the satisfaction of the Water Superintendent or such person
as he may designate, so that they may be easily examined and read.
That portion of the service pipe within the building must be kept
exposed.
B.
All pipes and other appliances and equipment must
be inspected and approved by the Water Superintendent or his agent
before being covered up to at least a depth of 3 1/2 feet. All
meters must be set between two unions, each union to be within 18
inches. Service pipes must have stop valves on the inside of the building,
within two feet of the place where it enters the building, and no
outlet shall be permitted in the service pipe between the curb box
and the meter. Meters are installed at the risk of the property owner,
and they will be held responsible for any damage thereto including
damage by frost.
[Amended 2-14-1978 by Ord. No. 2-78]
A.
The accuracy of any meter will be determined by the Department upon written request of the owner, who shall pay in advance a fee as set forth in § 407-25 to cover the cost of the test. Upon testing, the meter accuracy shall be determined in accordance with the standard established and promulgated by the American Water Works Association (AWWA), pursuant to its latest revision of Section C-705. Any meter found to be inaccurate pursuant to AWWA, C-705, shall be substituted therefor, and the fee will be refunded to the owner of the premises. The Water Registrar shall adjust the water bill for the current term in such manner as he may decide to be fair and just.
B.
The procedure for testing meters shall be done in
the following manner:
(1)
Applications for testing as supplied by the Borough
of Totowa shall be completed by the Water Superintendent or such person
as he may designate. The original shall be retained by the Water Superintendent,
and copies of same shall be given to the property owner and Water
Registrar.
(2)
The water meter is to be tested within a fifteen-day
period from when it is removed from the owner's property.
(3)
The water meter is to be tested in a certified laboratory
to be selected by the Borough of Totowa.
(5)
The laboratory shall submit its results in a certified
report, with the original being given to the Borough of Totowa and
a copy to the property owner.
C.
In accordance with the American Water Works Association,
all meters measuring 1 1/2 inches or greater shall be tested
every three years by the owner, at his own cost and expense. Said
owner shall submit a certified certificate to the Borough of Totowa
from a duly authorized laboratory attesting to its accuracy. If, as
a result of the test, a meter is found to be incorrect or inaccurate,
it shall be promptly restored to an accurate condition by the owner
and thereafter certified as to said accuracy.
[Amended 1-9-1979 by Ord. No. 25-78; 4-26-1994 by Ord. No.
5-94]
[Amended 12-11-2012 by Ord. No. 13-2012]
No person except the Water Registrar, Water
Superintendent or his agent shall tamper with, disconnect, bypass
or remove any meter in the Borough.
The opening of fire hydrants is allowed only
by special permission from the Water Superintendent or his agent,
except in case of fire. The Fire Department shall notify the Water
Superintendent either before or after opening a hydrant.
No person not an authorized agent of the Water
Registrar or employee of the Department of Public Works shall have,
wear or exhibit any badge or credentials of the Water Department.
It shall be the duty of every employee of the Department of Public
Works, upon resignation or dismissal, forthwith to surrender and deliver
at the office all badges or credentials of the Water Department. It
shall be the duty of the Water Registrar to keep a record of all badges
and credentials issued.
[Amended 2-1-1966 by Ord. No. 885; 3-18-1969 by Ord. No.
937; 12-10-1974 by Ord. No. 1029; 2-14-1978 by Ord. No. 2-78; 1-9-1979 by Ord. No. 25-78; 2-20-1979 by Ord. No. 3-79; 7-15-1980 by Ord. No.
10-80; 6-19-1984 by Ord. No. 8-84; 4-3-1990 by Ord. No. 3-90; 4-26-1994 by Ord. No. 5-94]
A.
There are hereby established the following charges:
(1)
For turning the water off or on during normal business hours in the event of an emergency as set forth in §§ 407-3, 407-7 and 407-15: $25.
[Amended 4-10-2001 by Ord. No. 07-2001; 4-26-2005 by Ord. No. 13-2005; 4-24-2007 by Ord. No. 09-2007; 4-22-2008 by Ord. No. 07-2008; 4-24-2012 by Ord. No. 05-2012; 11-22-2020 by Ord. No. 11-2020]
(2)
In the event that a request is made for turning the
water off or on not during normal business hours, a fee shall be paid
computed on the overtime hourly rate and related administrative costs
incurred by the Borough of Totowa.
(3)
Meter testing costs:
(a)
Residential: $170.
[Amended 4-10-2001 by Ord. No. 07-2001; 4-26-2005 by Ord. No. 13-2005; 4-24-2007 by Ord. No. 09-2007; 4-22-2008 by Ord. No. 07-2008; 4-24-2012 by Ord. No. 05-2012]
(b)
Business or industry: to be computed on the
actual cost of test, plus a reasonable fee for related administrative
costs.
(c)
Flow testing. A flow test will be conducted
at the consumer's request. Fees for flow testing to business or industry
shall be computed on the actual cost of test, reimbursement to the
Borough for its personnel assigned to conduct test by utilizing their
hourly rate of pay, plus a reasonable fee for related administrative
costs. Consumers must authorize and execute a purchase order prior
to the commencement of the flow testing.
[Added 1-28-1997 by Ord. No. 15-96]
(4)
For the installation of a supply line:
[Amended 1-28-1997 by Ord. No. 15-96; 4-10-2001 by Ord. No.
07-2001; 4-26-2005 by Ord. No. 13-2005; 4-24-2007 by Ord. No.
09-2007; 4-22-2008 by Ord. No. 07-2008; 4-24-2012 by Ord. No.
05-2012]
(a)
Up to and including 3/4 inches in diameter:
$1,815.
(b)
One inch in diameter: $2,720.
(c)
One and one-half inches in diameter: $3,630.
(d)
Two inches in diameter: $4,540.
(e)
Larger than two inches shall be upon request
with a cost estimate given to the customer and payment made prior
to the purchase and installation, and the customer must authorize
and execute a purchase order prior to the work commencing.
(5)
For a permit to repair or replace a service pipe as set forth in § 407-16: $170.
[Amended 4-10-2001 by Ord. No. 07-2001; 4-26-2005 by Ord. No. 13-2005; 4-24-2007 by Ord. No. 09-2007; 4-22-2008 by Ord. No. 07-2008; 4-24-2012 by Ord. No. 05-2012]
(6)
For temporary placement of a meter for construction of a building as set forth in § 407-19: $455, plus a deposit in the amount of $455 refundable upon return of said meter in good and working condition. The water customer shall be assessed the minimum amount for water consumed in accordance with the fee schedule in § 407-25D(1).
[Amended 4-10-2001 by Ord. No. 07-2001; 4-26-2005 by Ord. No. 13-2005; 4-24-2007 by Ord. No. 09-2007; 4-22-2008 by Ord. No. 07-2008; 4-24-2012 by Ord. No. 05-2012]
B.
Standby connections. There are hereby established
the following charges for a standby connection to the municipal water
system for sprinkler systems:
[Amended 1-28-1997 by Ord. No. 15-96; 4-10-2001 by Ord. No.
07-2001; 4-26-2005 by Ord. No. 13-2005; 4-24-2007 by Ord. No.
09-2007; 4-22-2008 by Ord. No. 07-2008; 4-24-2012 by Ord. No.
05-2012; 4-24-2018 by Ord. No. 07-2018]
|
Size
(inches)
|
Annual Charge
| |
|---|---|---|
|
4 to 6
|
$1,915
| |
|
8
|
$3,290
| |
|
10
|
$4,295
| |
|
12
|
$6,440
|
C.
Meters.
[Amended 1-28-1997 by Ord. No. 15-96; 4-10-2001 by Ord. No.
07-2001; 4-26-2005 by Ord. No. 13-2005; 4-24-2007 by Ord. No.
09-2007; 4-22-2008 by Ord. No. 07-2008]
(1)
There are hereby established the following charges for setting a new meter as set forth in § 407-11:
[Amended 4-24-2012 by Ord. No. 05-2012]
(a)
Residential:
|
Size of Meter
(inches)
|
Charge
(external remote indicator)
| |
|---|---|---|
|
3/4
|
$365
| |
|
1
|
$700
| |
|
1 1/2
|
$1,245
| |
|
2
|
$1,795
|
(b)
Commercial/industrial:
[1]
The charges shall be as follows:
|
Size of Meter
(inches)
|
Charge
(external remote indicator)
| |
|---|---|---|
|
1
|
$895
| |
|
1 1/2
|
$1,635
| |
|
2
|
$2,340
|
[2]
Larger than two inches shall be upon request
with a cost estimate given to the customer and payment made prior
to the purchase and installation, and the customer must authorize
and execute a purchase order prior to the work commencing.
(2)
All residential meters must have external remote devices.
Commercial or industrial meters, if applicable, shall have external
remote meter indicators.
(3)
Water consumers who are presently utilizing an inside
meter shall convert to an external remote indicator within 12 months
of the adoption of this subsection according to the following replacement
charges:
[Amended 4-24-2012 by Ord. No. 05-2012]
|
Size of Meter
(inches)
|
Charge
(external remote indicator)
| |
|---|---|---|
|
3/4
|
$230
| |
|
1
|
$390
| |
|
1 1/2
|
$800
| |
|
2
|
$985
|
(a)
Larger than two inches, customers shall be given
a cost estimate.
(b)
Water consumers who fail to convert from an inside meter to
an external remote indicator in accordance with the provisions of
this article shall be subject to a one-time charge in the amount of
$2,000, plus the cost of the external remote indicator as set forth
above.
[Added 12-11-2012 by Ord.
No. 13-2012]
D.
Water consumption rates. There are hereby established the following water consumption rates as set forth in § 407-4:
[Amended 1-28-1997 by Ord. No. 15-96; 4-10-2001 by Ord. No.
07-2001; 4-26-2005 by Ord. No. 13-2005; 4-24-2007 by Ord. No.
09-2007; 4-22-2008 by Ord. No. 07-2008; 4-24-2012 by Ord. No.
05-2012; 4-24-2018 by Ord. No. 07-2018]
E.
Any water consumer, because of the change of ownership
or other reasons, requiring a final water consumption reading shall
request a special reading at least three days in advance for the fee
of $65.
[Amended 4-10-2001 by Ord. No. 07-2001; 4-26-2005 by Ord. No. 13-2005; 4-24-2007 by Ord. No. 09-2007; 4-22-2008 by Ord. No. 07-2008; 4-24-2012 by Ord. No. 05-2012]
[Amended 12-11-2012 by Ord. No. 13-2012]
Any person, firm, organization, association,
partnership or corporation who shall violate any provisions of this
Chapter or fail to comply therewith shall severally for each and every
such violation and noncompliance, upon conviction thereof, be punishable
by a fine not to exceed $2,000 or by a term of imprisonment not to
exceed 90 days or by a period of community service not to exceed 90
days or a combination thereof. The imposition of the foregoing penalty
shall not bar the governing body to specifically enforce the provisions
of this Chapter. A separate offense shall be deemed committed on the
day on which a violation occurs and each day the violation continues
to occur and shall be punishable as such.
[Adopted 6-28-1954 by Ord. No. 547 (Ch.
137, Art. II, of the 1974 Code)]
[Amended 8-2-1954 by Ord. No. 549; 8-16-1955 by Ord. No.
583]
Whenever the average amount of water in the
reservoirs from which the Borough of Totowa either directly or indirectly
receives its water in any one month falls 20% below the average amount
of water storage for the corresponding months of a five-year period
immediately preceding, or whenever the Borough Engineer or the Water
Superintendent of the Borough of Totowa certifies, based upon an independent
investigation, that an emergency exists in said water supply or that
the low water pressure in any section of the Borough threatens the
public health, safety and welfare of the residents of the Borough,
the Mayor, with the advice and consent of the Council, may, for the
protection of the health, safety and general welfare of the residents
of the Borough of Totowa, proclaim the existence of a water emergency
and prescribe regulations to:
Upon the making of said proclamation of emergency,
the Borough Clerk shall forthwith give written notice to the various
departments of the Borough to refrain from all street and gutter flushing,
hydrant flushing, fire hose testing and other similar practices, except
as said practices are deemed necessary in the interest of public health
or safety, and until said emergency is declared no longer to exist.
The proclamation of the emergency shall be conclusive
thereof upon all persons and users upon the filing of the same in
the office of the Borough Clerk and the publication thereof, at least
once, in the official newspaper or newspapers circulating in the Borough
of Totowa.
The regulations set forth in the proclamation,
and any subsequent regulations made and published as aforesaid, upon
filing thereof in the office of the Borough Clerk shall become part
hereof, the same as if specifically incorporated and set forth herein.
Every owner, lessee, tenant and occupant of
any building or premises connected with the municipal water supply
and every person, firm and corporation, user thereof, shall, upon
the proclamation and promulgation of the regulations as aforesaid,
become bound thereby and shall conform thereto and comply therewith
in the use of water and the maintenance of the water service connections
and equipment for the purposes thereof.
Every owner of buildings and premises connected
with the municipal water supply shall maintain or cause to be maintained
the water service pipes, fixtures and connections in good order and
repair, whereof there shall be no waste of water.
Every owner of any building or premises connected
with the water supply shall make or cause to be made necessary repairs
to prevent the waste of water.
Every lessee, tenant and occupant of any building
or premises connected with the municipal water supply shall immediately
notify the owner or his agent of any defective water service pipes,
fixtures or connections whereby water is being wasted.
Every lessee, tenant and occupant of any such
building or premises shall notify the Municipal Water Department or
Police Department of any waste occurring by reason of defective water
service pipes, fixtures or connections.
Every owner and water user shall, during the
period of a water emergency, be upon notice of any waste of water
due to defective water service pipes, fixtures or connections and
of the regulations promulgated under the proclamation, and it shall
be the duty of the owner to forthwith make or cause to be made repairs
necessary to prevent such waste.
All users of water from the municipal water
supply by and under any contract, ordinance or statute are bound by
the provisions hereof and of the regulations promulgated under any
proclamation.
Whenever an owner shall fail or refuse to make
repairs so as to prevent the waste of water, then the Borough reserves
the right to make such repairs and to charge the cost thereof to the
owner in the same manner as other water charges are made as by the
statutes and ordinances provided, or to shut off the water from such
premises until such repairs are made by the owner.
