[Adopted 5-28-1974 by Ord. No. 628 (Ch. 100, Art. II, of the 1966 Code); amended in its entirety 2-16-1993 by Ord. No. 1017]
The use of all sanitary sewers in the Borough
of Emerson shall be in compliance with the rules and regulations of
the Bergen County Utilities Authority. The adoption of this article
by the Borough of Emerson shall include the adoption of all future
amendments to the aforesaid rules and regulations, provided that prior
to the enactment thereof the Borough of Emerson shall be given 45
days' advance notice and further provided that the Borough of Emerson
shall have been afforded an opportunity to comment thereon at a public
hearing.
[Added 2-7-2023 by Ord.
1664-23]
A.
The owners or occupants of premises in the Borough of Emerson shall
be responsible for the proper maintenance and repair of all building
sewer connections between the dwelling and the main sanitary sewer
line.
B.
In case a stoppage in the sanitary sewer occurs, the owner or occupant
shall immediately notify the Director of Public Works and the Health
Officer, who shall make an inspection of the sewer main line. If the
main sewer is obstructed, it shall be the responsibility of the Director
of Public Works to cause the obstruction to be removed. If the main
sewer is not obstructed, the Director shall, immediately following
his inspection, notify the owner or occupant that it is the responsibility
of the building owner or occupant to remove the obstruction in the
building sewer line.
The Borough of Emerson hereby adopts and enacts the user charge system contained in the rules and regulations of the Bergen County Utilities Authority and authorizes the implementation thereof beginning January 1, 1993. The annual user charges shall be computed on the previous calendar year's usage and the current calendar year's flow charge rate and billed in accordance with the procedure set forth in § 228-21.5 hereof.
A.
There shall be allowed as a credit against the annual user charge levied by § 228-20 hereof an annual credit equivalent to the user charge resulting from 35,000 cubic feet of flow. Such credit shall be computed using the flow charge rate imposed by the Bergen County Utilities Authority upon the Borough of Emerson for the current calendar year. Such credit shall not be accumulated from year to year, nor shall such credit reduce the charge otherwise payable under § 228-20 hereof to less than $0 for any year.
B.
Such credit shall not be available to tax-exempt users
in the Borough of Emerson. Said tax-exempt users shall be charged
for sewer usage on a dollar for dollar basis on the basis of the Tier
Two User Charge System Schedule for the Borough of Emerson tax-exempt
users submitted by the Bergen County Utilities Authority.
The credit extended by § 228-21 shall be available to each property using the sanitary sewers of the Borough of Emerson except as otherwise stated therein.
The following provisions shall apply to any
homeowners' association, condominium, cooperative or similar entity
which has single water meters to measure water usage of more than
one residential unit:
All privately owned water wells which are connected
to water systems eventually discharging into the sanitary sewers of
the Borough of Emerson shall be subject to the following provisions:
A.
The owners of wells existing at the date of adoption
of this article shall notify the Borough Clerk of the Borough of Emerson,
in writing, of the existence and location of such wells within 30
days after the date of passage of this article.
B.
The owners of wells constructed or completed after
the adoption of this article shall notify the Borough Clerk of the
Borough of Emerson, in writing, of the existence and location of such
wells within 30 days of the first usage of such wells.
C.
The Borough Engineer of the Borough of Emerson may
inspect such well to determine the usage thereof. If, in the opinion
of the Borough Engineer, such well's actual water production, together
with the other water usage of the owner thereof, exceeds 35,000 cubic
feet of water per year, the Borough Engineer shall transmit his opinion,
in writing, to the Borough Council of the Borough of Emerson. After
receiving such opinion, the Borough Council may require the owner
of such well to install and maintain a water meter therein, at the
owner's expense, by adoption of a resolution.
D.
If a water meter is required by resolution as provided in Subsection C hereof, the owner must install such meter within 60 days of adoption thereof. If the owner shall fail to do so, the Borough Council of the Borough of Emerson may, by resolution, provide for the installation of such meter and add the cost thereof to the user charge levied under § 228-20 hereof.
Before any sewer shall be permitted to flow
into any sanitary sewer of the Borough of Emerson, the Plumbing Subcode
Official shall first determine that such sewer and associated drains
function properly, in accordance with all applicable rules, regulations
and ordinances of the Borough of Emerson.
Billing for the user charges imposed by § 228-20 hereof shall be in accordance with the following procedures:
A.
In February of each year, the Tax Collector shall
attend to the preparation of bills computed on the previous calendar
year's usage and the current calendar year's flow charge rate.
[Amended 9-19-2000 by Ord. No. 1149]
B.
Bills shall be mailed by the Tax Collector of the
Borough of Emerson to the owners of all properties incurring charges
not later than February 28 of each year.
C.
Bills are due and payable to the Tax Collector on
April 1 of each year. If such charges are not paid in full as of that
date, the unpaid charges shall be deemed delinquent from such date,
and such unpaid charges shall become a lien upon the properties incurring
them as of that date.
D.
All user charges which become delinquent under the provisions of Subsection C hereof shall bear interest and penalties from the date of delinquency at the same rate as all charges for general taxation and shall be collected and enforced in the same manner as general taxation.
E.
No charge levied by § 228-20 hereof shall be invalid by reason of any error or omission in stating the name of the owner or owners of property affected by such charges if such property or properties have actually incurred such charges.
F.
No charge levied by § 228-20 shall be invalid by reason of the failure of a property owner to receive a bill therefor. Every owner is put on notice to ascertain from the Borough of Emerson the amount which may be due for such charges.
G.
After receipt of the Tier Two User Charge System Schedule
for the Borough of Emerson for tax-exempt users from the Bergen County
Utilities Authority, the Borough Clerk and Tax Collector shall prepare
bills to be forwarded to such tax-exempt users based upon the Tier
Two User Charge System Schedule. Bills shall be mailed by the Tax
Collector of the Borough of Emerson to all tax-exempt users incurring
charges, with the exception of properties owned by the Borough of
Emerson and Emerson Board of Education. Bills are due and payable
to the Tax Collector within 30 days of the mailing of such bills.
If bills are not paid in full within said thirty-day period, the unpaid
charges shall be deemed delinquent from such date, and such unpaid
charges shall become a lien upon the properties incurring them as
of that date. All such charges which become delinquent shall bear
interest and penalties from the date of delinquency at the same rate
as all charges for general taxation. No charge levied upon a tax-exempt
user shall be invalid by reason of any error or omission in stating
the name of the owner or owners of property affected by such charge
if such property or properties have actually incurred such charges.
Nor shall any charge levied upon a tax-exempt user be invalid by reason
of the failure of a tax-exempt user to receive a bill therefor. Every
tax-exempt user is put on notice to ascertain from the Borough of
Emerson the amount which may be due for such charges.
A.
In all instances where property is connected to the sanitary sewer system of another municipality, the user charge under § 228-20 hereof shall be calculated in accordance with the agreements between such municipality and the Borough of Emerson. Such property shall be entitled to a user credit under § 228-21 calculated in accordance with the lower of the following:
B.
In all instances where residential property which
is located outside the Borough of Emerson is connected to the sanitary
sewer system of the Borough of Emerson, there shall be a charge to
the property owner in an amount as established periodically by resolution
of the Mayor and Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Not fewer than three copies of the rules and
regulations of the Bergen County Utilities Authority shall be on file
with the office of the Borough Clerk of the Borough of Emerson for
public inspection during Borough business hours. In addition, copies
of said rules and regulations are available from the Bergen County
Utilities Authority for the costs of publication thereof.
The Mayor and Clerk of the Borough of Emerson
are hereby authorized to act as signatories upon and to execute on
behalf of the Borough of Emerson any amendment of the existing service
agreement with the Bergen County Utilities Authority which embodies
the intent and purpose of this article.
