Borough of North Haledon, NJ Article XI User Charges

§ 479-58 User classes established.

A. The following user classes are established in accordance with federal regulations:

(1) Industrial.

(2) Large commercial.

(3) Tax-exempt.

(4) Residential/small commercial.

B. The Borough of North Haledon and the PVSC reserve the right to change the class of any user as conditions warrant.

§ 479-59 Billing and collection responsibilities.

A. In order to fulfill its responsibilities under the user charge system, the Borough shall:

(1) Include the ad valorem portion of the user charge assessment in the local tax rates.

(2) Notify the PVSC of any changes or new identifications for industrial, large commercial or tax-exempt users.

(3) Establish and implement procedures for the billing and collection of the applicable charges from each industrial, large commercial and tax-exempt user.

(4) Remit the total municipal assessment to the PVSC.

(5) Submit listings of delinquent industrial, large commercial and tax-exempt users to the PVSC on a timely basis.

(6) Make records available to the PVSC for compliance reviews.

B. In order to fulfill its responsibilities under the user charge system, the PVSC shall:

(1) Collect usage data for industrial, large commercial and tax-exempt users and the Borough.

(2) Determine the total assessment for the Borough, including the amounts to be collected through ad valorem taxation.

(3) Prepare invoices to bill the Borough for its assessments.

(4) Develop and maintain data necessary to calculate charges and prepare invoices for each industrial, large commercial and tax-exempt user to assist the Borough in the billing and collection.

(5) Establish procedures for the billing and collection of the total charge from the Borough.

(6) Monitor the Borough's billing and collection procedures to ensure that user charges are properly billed and collected.

§ 479-60 Calculation of charges.

A. The user charge for the residential/small commercial class shall be based on the assessed valuation for the property as maintained in the Borough's tax records.

B. The user charge for the industrial users shall be based on the user's actual volume and strength contribution to the PVSC treatment works during each measurement year. Strength shall be determined by the total suspended solids (TSS) and five-day biochemical oxygen demand (BOD₅,) analytical test methods. Where the PVSC determines that an alternative method is necessary, other test methods will be employed to determine the equivalent BOD. The direct-billed user will receive credit against the user charge for payments included in his/her ad valorem taxes.

C. The user charge for the large commercial users shall be based on the user's actual volume discharged during each measurement year and residential strength standards as determined periodically by the PVSC.

D. The PVSC shall place each nonindustrial tax-exempt user in one of four classes based on volume for the purpose of determining his/her user charge. The user charge for the largest class shall be based on the user's actual volume discharged and residential strength standards for BOD and TSS, as determined periodically by the PVSC. Actual volume shall be determined by the volume consumed during the measurement year, as closely as can be reasonably determined.

E. The user charge for the remaining three tax-exempt classes shall be based on the average volume consumed by a representative of users within that class. Residential strength standards, as determined periodically by the PVSC, shall be used to determine the BOD and TSS contribution. All tax-exempt users in each of these three classes shall receive the same user charge. Users shall be moved from one class to another based on actual volume data as determined by the PVSC. The PVSC shall review the average volume consumed data every two years and recommend adjustments to the average volume consumed figures. The PVSC shall, by resolution every two years, set volume standards to apply to each of the four classes of nonindustrial, tax-exempt users.

§ 479-61 Charges for tax-exempt users and users outside municipal boundaries.

[Added 3-14-1990 by Ord. No. 4-1990]

A. The purpose of the within section is to establish an annual sewer service charge for users outside the municipal boundaries who are tied into the municipal sanitary sewer system of the Borough of North Haledon. Additionally, its purpose is to supplement the user charge for tax-exempt users heretofore provided in Chapter 479 of the Code of the Borough of North Haledon, New Jersey.

B. The charges set forth in this section are retroactively effective as of January 1, 1988.

C. The rates shall be determined by the governing body in January of each year by resolution, and in structuring the rate, the governing body shall use the following standards and criteria:

(1) There shall be a determination of the total actual cost for the preceding year attributable to the sanitary sewer system, which shall include charges from the Passaic Valley Sewage Commission; debt service payments for principal and interest on all bonds and notes and other obligations in any way related to the sewer system; operating expenses for salary and wages for persons directly involved with the operation of the sewer system; operating expenses directly related to the operation and maintenance of the sewer system.

(2) Such other expenses as shall have been incurred by the Borough in connection with the sanitary sewer system, and also a pro rata portion of any other salary and wages for officials and personnel who are not exclusively involved in the operation of the sanitary sewer system, but who contribute a pro rata portion of their time and work effort to the operation of the sanitary sewer system, the pro rata allocation to be determined by the governing body.

D. Upon a determination of the total actual cost for the preceding year, the governing body shall use the total actual cost as the basis for estimating the projected cost during the current year. In the event that at the time the governing body makes its determination of total actual costs for the preceding year the governing body has a reasonable basis to believe that there will be, in the current year, augmented charges and costs over and above those used in the prior year, the governing body may include those projected increases in the formula for determining estimated costs for the current year.

E. Upon the adoption of the within section, and for the purpose of determining the retroactive charge for the years 1988 and 1989, the governing body shall use the actual costs incurred during 1988 and 1989.

F. In determining the rate per gallon, the total prior year cost as hereinabove provided shall be divided by the total gallons pumped as recorded at the pump station, and that factor shall constitute the rate per gallon.

G. The governing body shall impute to the user a volume based on the average volume consumed by a representative group of users within the same class based upon customary engineering standards. In determining volume for the purposes of calculation of charges, the governing body shall use the formula provided in § 479-60D of this chapter.

H. In the case of users located outside of the territorial limit of the Borough and for which application is made to the Mayor and Council for permission to tie into the North Haledon sanitary sewer system, the applicant shall submit a written application to the governing body, which shall review it for the purpose of determining whether the system has the capacity to receive the intended flows. The governing body shall not be obligated to approve any such application. The decision as to whether or not to approve such an application from an extraterritorial user is within the unreviewable discretion of the governing body. In the event that in the exercise of its discretion the governing body agrees to permit the extraterritorial connection, all of the terms and conditions of the approval shall be incorporated in an agreement to be signed by the parties. Such an extraterritorial application shall be subject to any provisions of any state statute which may require the concurrence of the governing body of the municipality in which the extraterritorial user is located.

I. In any event in which the estimated volume has been calculated based upon the formula provided in § 479-60 of this chapter and it is subsequently determined that the particular user discharges a volume greater than the estimated volume, the Mayor and Council may adjust the estimated volume and issue a supplemental bill. The Mayor and Council shall have the right, in appropriate circumstances, to require the property owner to install metering devices.

J. Upon the adoption of the resolution establishing the rates, the Borough Administrator shall cause bills to be prepared and sent to the property owner. Bills shall be due and payable within 30 days after mailing and shall bear interest from the time they become due at the same rates as municipal real estate taxes. Such unpaid charges shall be a lien on the premises, and the Borough shall, in addition to any other remedy it may have at law for collection of the same, have the right to discontinue sewer service to the subject building or buildings.

K. Application for the use of the sanitary sewer system by a tax-exempt user shall be made to the Borough Administrator and shall be accompanied by such information as shall be required by the Borough Administrator. An application fee of $50 shall be due and payable upon the submission of the application. In the event that during any year after the adoption of the resolution determining the charges, any surcharge or other charge is imposed by the Passaic Valley Sewage Commissioners or any federal, state or local regulatory agency, the governing body shall have the right to make an adjustment to the charge for that year.

L. Charges shall be billed quarterly by the Borough and in each case shall be due and payable 30 days after submission of the bill. Sewer charges shall be made payable to the Borough of North Haledon, at the office of the Tax Collector, 103 Overlook Avenue, North Haledon, New Jersey 07508. The bills shall be paid by personal check or money order; however, if paid in person during normal business hours at the office of the Tax Collector, they may be paid in cash.

M. The payment of all sewer service charges shall be the responsibility of the property owner. The failure of a tenant, lessee, customer or any other person other than the property owner to pay any sewer service charge or bill to the property owner shall not relieve the property owner of his/her responsibility to pay the said bill.

N. In the event of nonpayment of any sewer service charge for a period of 90 days after it is due, the Borough may cause the service to be discontinued, and the same shall not be restored until full payment has been made of all outstanding charges, together with interest, plus the actual cost of disconnecting and reconnecting the service connection. Discontinuance of service, however, shall not abrogate the right of the Borough to use whatever remedies are permitted by law to collect outstanding charges and interest.

O. The user shall be required to install by September 1, 1990, a meter on the incoming source of water supply at the sole cost and expense of the user. The type of meter shall be required to be approved by the Borough Engineer.

[Added 7-11-1990 by Ord. No. 16-1990[1]]

[1] Editor's Note: This ordinance also provided that this Subsection O applies only to tax-exempt users and shall be retroactive to January 1, 1990.

P. The sewer charge shall be based upon water consumption plus 15% for infiltration. For the purposes of calculating payments for the year 1990, the consumption shall be based upon the meter reading from September 1, 1990, to December 31, 1990, multiplied by three. In ensuing years, the consumption shall be calculated based upon meter readings from October 1 to March 31 multiplied by two.

[Added 7-11-1990 by Ord. No. 16-1990[2]]

[2] Editor's Note: This ordinance also provided that this Subsection P applies only to tax-exempt users and shall be retroactive to January 1, 1990.

Q. Payment for 1990 shall be due and payable in quarterly payments due in accordance with the following schedule: March 31, June 30, September 30, and December 31, in the year 1991. In all subsequent years, quarterly payments shall be due and payable in accordance with real estate tax quarterly payments.

[Added 4-17-1991 by Ord. No. 9-1991]

§ 479-62 Calculation and payment.

A. The PVSC shall calculate the user charges to be paid by the direct-billed users as follows:

(1) The user charge shall be estimated in advance for each calendar year.

(2) The estimated user charge shall be modified by an adjustment from the prior year, except in the first year of the implementation of the user charge system.

(3) During each measurement year, industrial and other designated users shall submit quarterly self-monitoring reports to the PVSC. These reports will provide data to enable the PVSC to calculate the actual usage for the measurement year. This will also apply where the PVSC calculates the actual usage because a user fails to supply the self-monitoring reports.

(4) The current year's actual usage shall be compared to the current year's estimated usage, and any difference shall result in an adjustment to that year and be applied to the next year's estimated usage as explained in Subsection A(2) above.

B. The PVSC shall prepare invoices and mail them to the Borough four times a year. Full payment is due on February 1, May 1, August 1 and November 1. The collection from each user within the Borough shall be the responsibility of the Borough. According to New Jersey State law, interest will be accrued at 12% per annum on the unpaid principal.

C. The Borough shall not modify the PVSC portion of the user charge assessed to an individual user. The PVSC shall have the right to review the Borough's records to ensure that proper collections are being made. Records shall be maintained for at least three years.

§ 479-63 Information to be supplied to PVSC.

In order for the Borough to keep the PVSC informed of all new or changed users, the following shall be submitted to the PVSC in a timely manner:

A. Name and address.

B. Name and telephone number of the contact official.

C. Times when facility is open and when contact official is present.