Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton (Sec. 10-2 of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Land use and development — See Ch. 165.
Sewers — See Ch. 247.
Streets and sidewalks — See Ch. 270.

§ 330-1 General.

[Amended 3-28-2011 by Ord. No. O-05-11]
A. 
The following rules, rates and regulations governing the operation of the Water Department of the Department of Public Works are a part of the contract with every person who takes the water and every such person by taking the water agrees to be bound thereby.
B. 
The water mains and supply pipes of the Department shall be under the exclusive control of the Mayor and Council and its authorized agents and employees. No other person shall disturb, tap, change, obstruct access to, or otherwise interfere with them in any way.

§ 330-2 Definitions.

[Amended 3-28-2011 by Ord. No. O-05-11]
As used in this chapter, the following terms shall have the meanings indicated:
CLERK
The Clerk of the Water Department.
DEPARTMENT
The Water Department.
MAIN
Any pipes other than supply pipes and service pipes for conveying water to or distributing it throughout the entire system.
METER
A device installed for the measuring of water.
METER RATES
The rates or prices to be charged for water, based on the quantity of water consumed on any one premises, as measured by the water meter.
OWNER
A person actually owning any property or premises supplied or prospectively to be supplied with Borough water, or his duly authorized agent. In the absence of instructions from the owner or his agent to the contrary, the occupant of any property or premises will be held to be the agent of the owner, insofar as his relation to the Department may be concerned, with respect to water uses and existing services.
PREMISES
A single building under common ownership together with the land connected therewith and the outbuildings as are used exclusively in connection with the buildings.
SERVICE PIPE
A pipe extending from the curb cock to the meter, usually on privately owned land, for supplying the premises with water.
SUPERINTENDENT
The Superintendent of the Water Department.
SUPPLY PIPE
A pipe extending from the curb cock to the meter, usually on privately owned land, for supplying the premises with water.

§ 330-3 Employee rules and regulations.

[Amended 3-28-2011 by Ord. No. O-05-11]
A. 
Responsibility of employees.
(1) 
Officers and employees of the Department will be held strictly responsible for the performance of the duties and power delegated to them. They shall not vary or exceed the instructions given or the power conferred upon them by the Mayor and Council.
(2) 
Unless otherwise directed by the Administrator, Director of the Department of Public Works or the Mayor and Council, all officers and employees shall devote their whole time during hours prescribed by the Mayor and Council for duty, diligently and loyally, to the service of the Department. They shall properly care for and preserve the property of the Department and shall be held responsible for all the property under their control.
B. 
Identification of employees. All employees of the Department whose duty it may be to enter upon private premises to make inspections and examinations of the pipes, fixtures or attachments used in connection with the Borough water supply will be provided with identification cards and such other credentials as the Mayor and Council may deem proper to identify them as authorized agents of the Department. Any employee of the Department shall, upon presentation of the stated credentials, have free access at all reasonable hours to any premises for inspection, examination or any such purpose. In case any authorized employee is refused admittance to any premises or, being admitted, shall be hindered or prevented from making examination, the Department may turn off the water from the premises, upon 24 hours' notice to the owner or occupant of the premises. In the event of an emergency, the twenty-four-hour notice may be waived.
C. 
Information for tax searchers. The Clerk of the Water Department shall furnish tax searches, in writing, with all information regarding unpaid charges of the Water Department for the purpose of tax searches. The Clerk of the Water Department shall be held responsible for the accuracy of the information.

§ 330-4 Meter responsibilities.

All owners or occupants using water supplied by the Borough Water Department must have meters installed by the Borough Water Department. No bypasses around the meter shall be allowed or maintained. The owner or occupant of any premises having a Borough Water Department-owned meter shall be held responsible for its care and protection from freezing or hot water and from damage thereto or incorrect operation, stoppage or damage to a meter; the owner or occupant shall notify the Borough Water Department immediately. Access by the Borough of Wharton or its designated agents to the property must be granted by the homeowner. The Borough reserves the right to gain access to the property within a reasonable time period.

§ 330-5 General rules and regulations.

A. 
Meters to be sealed. No person shall permit or allow in any building any unsealed or damaged water meter through which water is supplied to such person without immediately notifying the Department that the meter is unsealed or damaged. All Borough water used on any premises where a meter is installed must pass through the meter. No bypass or connection between the meter and the main shall be made or maintained by any person, except as otherwise specified herein. Meters shall be sealed by the Borough Water Department, and no one except an authorized employee of the Borough Water Department shall break or damage any of such seals.
B. 
Connections. Borough water shall be taken and used only through supply and service pipes established by or under the supervision of the Department. The owner of any property shall not permit a connection to exist by which water may pass from the property to another property, even though the ownership of both properties may be the same. A minimum of two weeks' notice must be given to the Public Works Director before any work may begin.
C. 
Meters to be property of the Borough Water Department. Meters controlling the services are and shall remain the property of the Borough Water Department, and all meters will be at all times under its control.
D. 
Protection of pipes from freezing. Water connections running from curbstop to a building and between the cellar wall and the meter are likely to be exposed to freezing temperatures and must be effectively protected from freezing in a manner acceptable to the Borough Water Department. All service pipes must be installed at a minimum depth of not less than four feet, unless otherwise directed by the Borough Water Department or its designated agents.
E. 
Filling surface pond, pools, etc. Borough water shall not be used for filling cisterns, cesspools, surface ponds or swimming pools unless a written permit be first obtained from the Water Department. The fees for this service is as set forth in the fee schedule of the chapter.
F. 
Unusual construction. Owners of property desiring any unusual construction, alteration or attachments connected with the water supply must submit plans and specifications for the same to the Department and Plumbing Inspector for inspection and approval or disapproval and determination as to whether the same are permissible and the terms and conditions under which their use will be allowed.

§ 330-6 Use of fire hydrants.

Fire hydrants are to be opened and used only by the Borough Water Department or the Fire Department of the Borough or by such persons as may be specifically authorized by the Borough Water Department by a hydrant permit only. Failure to obtain a permit will result in penalties.

§ 330-7 Obstruction and abuse of fire hydrants.

No persons shall in any manner obstruct or prevent access to, tamper with, or damage by causing or permitting a vehicle to come in contact with any fire hydrant, or place or store temporarily or otherwise any object, material, snow, debris or structure of any kind within a distance of 10 feet of any hydrant. Any such obstruction, when discovered, may be removed at once by the Borough Water Department at the expense of the person responsible for the obstruction.

§ 330-8 Sprinkling, flushing or cleaning streets, etc.

Water for sprinkling, flushing or cleaning streets or highways, sewers, or catch basins shall be taken only from fire hydrants or from such special standpipes or valves as may be provided by the Borough Water Department, and then only by such persons as may be duly authorized or licensed by the Water Department.

§ 330-9 Private fire outlets; testing by permit.

Where pipes are provided for fire protection on any premises, said fire protection apparatus may be tested only if the Borough Water Department grants a hydrant permit for testing same.

§ 330-10 Excessive use or waste of water prohibited.

A. 
Excessive or unnecessary use or waste of water, whether caused by carelessness or by defective or leaky plumbing or fixtures, is strictly prohibited, even where the service is metered. The governing body may, by resolution, limit or prohibit the use of water for purposes not deemed essential whenever in its judgment it shall be necessary or prudent to do so to conserve the supply. For disregard of or violation of the provisions of this chapter or of any resolution of the governing body as aforesaid, the water may be ordered turned off by the Department in addition to other penalties herein provided.
[Amended 5-4-2009 by Ord. No. O-04-09; 3-28-2011 by Ord. No. O-05-11]
B. 
Turning on water. When the water has been turned off by the Department for any reason, no person shall turn it on again without the permission of the Administrator, Director of the Department of Public Works or Chair of the Public Works Committee. In any case where this rule is violated, the Department may order that the water be turned off at the curb cock, in which case the owner shall, before it is again turned on, pay in advance to the Department a charge therefor.
[Amended 3-28-2011 by Ord. No. O-05-11]
C. 
Unoccupied premises. Where a premises is to be left unoccupied for any period between November 1 and April 1 succeeding, the Department must be notified immediately by the owner so that the water can be shut off. A fee for turning on or off the water shall be paid by the owner.

§ 330-11 Enforcement for violations.

[Amended 5-4-2009 by Ord. No. O-04-09]
The Borough Water Department shall cause any owner or tenant who it suspects is a violator of any provisions of these regulations to be brought before the Municipal Court Judge. If found guilty, the violator may be punishable as provided in § 321-21.

§ 330-12 Misrepresentation.

Applicants for Borough water or any service in connection therewith shall not make misstatement or misrepresentation of fact with respect to such application and shall be bound and governed by this chapter.

§ 330-13 Proclamation, penalty for violation.

Whenever the Borough shall restrict in an emergency the use of Borough water by published order or by proclamation issued by the Mayor or his designee, no person shall use Borough water in violation of said order or proclamation. Violators of such shall become subject to the penalties provided by this chapter or by the proclamation without the notices as therein provided.

§ 330-14 Limit of Borough responsibility; leaks beyond curbstop.

A. 
If water is turned on and premises are vacant and water is running on the inside of the building, the water may be shut off at the curbstop by the Borough Water Department. The Borough's responsibility ends at the curbstop, and the Borough will in no case be liable for damages caused by water running from open or faulty fixtures or from broken or damaged pipes beyond the curbstop.
B. 
In a case where the Water Department notifies the owner of a leak in the water connection between the curbstop and the water meter, it shall be the owner's responsibility to fix the leak within 10 calendar days. After 10 days, the Water Department may terminate water services due to noncompliance with the above and impose a penalty as enumerated in the water rates for " . . . loss of water from any Water Department line because of any breakage. . . " dating from the time of detection of the break. In addition, a charge shall be imposed for estimated water use caused by the leak.
[Amended 5-4-2009 by Ord. No. O-04-09]

§ 330-15 Acceptance of pressure conditions; owner's responsibility for costs.

A. 
All applicants for water service and connection for water service shall be required to accept such conditions of pressure and service as are provided by the distribution system at the location of the proposed water service connection, and to hold the Borough harmless for any damages arising from low pressure or high pressure conditions or interruptions of services.
B. 
Where static water pressure at street level is 80 psi or more, it is recommended by the Water Department that the owner, developer or subdivider install a pressure-regulating valve in the dwelling. The Borough, by the foregoing recommendation, assumes no liability for the installation of said valve or for the necessity for the installation of such a valve.
C. 
The owner of the property to be served shall have the responsibility and expense of installing the service pipe to the curbstop, including all excavation, backfill and pavement replacement, all at his expense. Tapping of the main shall be done only by the Water Department; however, the entire expense of tapping shall be borne by the owner.

§ 330-16 Water emergency.

A. 
Whenever the governing body of the Borough of Wharton shall be satisfied that and finds that a water emergency exists in the Borough of Wharton, it may adopt a resolution declaring that a water emergency exists in the Borough. Such resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the governing body. Such resolution shall identify that portion of the municipality affected by the water emergency, which may include the entire municipality, and shall specify which of the water regulations contained in this section are being imposed, as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth herein. For the purpose of this chapter, a water emergency shall exist for any of the following reasons:
(1) 
The public utility providing water service to all or a portion of the municipality has adopted water use restrictions, has notified the municipality and the New Jersey Department of Environmental Protection, as well as any other state, county or local agencies entitled to notice of such restrictions, and such restrictions are not overruled or declared invalid by any state, county or local agency having the jurisdiction and power to do so, or
(2) 
The governing body is otherwise satisfied that a water emergency exists in the Borough of Wharton.
B. 
Water use restrictions. Upon adoption by the governing body of a resolution declaring that a water emergency exists in the Borough of Wharton in accordance with the above subsection of this section, all citizens shall be urged to observe voluntary indoor conservation measures and any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants, including those with private wells, except where a bona fide health emergency exists and to exempt businesses, as specified, during the water emergency:
(1) 
The complete ban and prohibition of outside water usage, including the watering of lawns and plants, the filling of pools and the washing of cars;
(2) 
Outside water usage on alternate days allowing outside water usage by persons or businesses having even house or box numbers on even days and those having odd house or box numbers on odd days, with outside water usage being completely banned and prohibited on the 31st day of any month during the water emergency; or
(3) 
Any other water use restriction specified by the governing body in the resolution required by Subsection A of this section which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this paragraph shall be limited in application to that portion of the municipality, which may include the entire municipality, identified as being affected by the water emergency in the resolution of the governing body adopted in accordance with Subsection A of this section.
C. 
Duration of water use restrictions. The resolution of the governing body required by Subsection A of this section shall, in addition to complying with such paragraph, provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances, considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the governing body shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall adopt a resolution declaring the water emergency inapplicable. If at the expiration of the time period specified in the resolution the governing body shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this chapter continuing the water use restrictions.
D. 
Enforcement of water use restrictions. The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the local authorized officials. Whenever a local authorized official shall find a violation of the water use restrictions, such authorized official shall give the violator a written warning and explain the penalties provided by Subsection E of this section. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned. The local authorized official is hereby empowered to issue a summons and complaint for the violation of the water use restrictions within the Borough of Wharton imposed pursuant to this section.
E. 
Penalties. Any person or business who, after written warning, violates the water use restrictions imposed pursuant to this chapter shall be punishable as provided in § 330-21.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 330-17 Material for construction.

A. 
Service pipe. (Main to curb box) shall be of copper tubing, type K. The copper tubing shall be American-made, such as Anaconda or approved equal.
B. 
Curb box with rod. Shall be approximately four feet in length and shall be Mueller Company model H-10314 or equal.
C. 
Corporation stop. Shall be case bronze and conform to AWWA Specification C800, Mueller Company model H-15000 or equal.
D. 
Meter yoke. Shall be Mueller Company model H-14111 or equal.
E. 
Water mains. Shall be ductile iron pipe with cast iron fittings and shall have a minimum diameter of eight inches. Ductile pipe shall be centrifugally cast per ANSI Specification A21.51, latest revision.
(1) 
The wall thickness shall be Class 52 for twelve-inch diameter and smaller and Class 51 pipe sizes above thirteen-inch diameter. The pipe shall be in nominal sixteen-foot to twenty-foot laying lengths. Joints shall be Tyton or approved equal and shall be furnished complete with gasket and lubricant. Fittings as required for the ductile iron pipe shall be gray case iron standard mechanical joint fittings conforming to ANSI Specifications A21.10 and A21.11 latest revisions Call 250 for all sizes and shall be furnished complete with accessories consisting of cast iron follower gland, corrosion-resistant alloy bolts and nuts and plain rubber gaskets.
(2) 
All pipe and fittings shall be cement-lined and seal-coated per ANSI Specification A21.4-1971, minimum thickness (three-inch through twelve-inch diameter) 1/8 inch, (fourteen-inch through twenty-four-inch diameter) 3/16 inch, and coated on the outside.
(3) 
Where restrained joints are called for on the plans, ductile iron retainer glands shall be supplied in lieu of regular.
F. 
Gate valves.
(1) 
All gate valves 2 1/2 inches and smaller shall be of bronze. Valves that are three inches and larger shall be of iron body, bronze mounted. They shall be designed for 150 psi (pounds per square inch) working pressure and tested in accordance with AWWA standards.
(2) 
Gate valves larger than 2 1/2 inches shall be Mueller or approved equal. The valves shall open by turning in a counterclockwise direction. When fully open, each valve shall afford an unobstructed waterway of not less than the full nominal diameter of the valve. Each valve, six inches to 12 inches inclusive, shall be equipped with "O" ring. All valves shall have nonrising stems.
(3) 
All valves shall be equipped with a cast iron, adjustable valve box and cover.
G. 
Hydrants. Shall be Mueller Company model A-24015, or approved equal, and shall be painted fluorescent.
H. 
Anchor tees. Shall be of the Mechanical Joint Type, Call 250. All applicable requirements of American Standards A21.10 and A21.11 shall be met. Material shall be cast iron.
I. 
Plugs. Shall be Mechanical Joint Type, Flat, Number U517, as manufactured by U.S. Pipe or approved equal. Pressure rating shall be 250 psi.
J. 
Air vents. Shall be provided at all high points in the waterlines.
K. 
Valve boxes. Shall be cast iron, sliding type, two piece. They shall be furnished with a flange at the top of the top section and have a shaft of 5 1/4 inches in diameter. Covers shall be marked "water."
L. 
Butterfly valves. Shall be mechanical joint end, iron body, rubber seated and designed for direct burial. Valves shall be bubble tight at 150 psi-rated pressure with flow in either direction. All butterfly valves shall meet the requirements of AWWA C504, Class 150B. Butterfly valves shall be used on all mains larger than 12 inches in diameter unless otherwise specifically ordered by the Water Department.
M. 
Blowoffs. Shall be provided at all low points in the waterlines.
N. 
Water taps. Shall be made subject to the approval of the Water Department. The tapping sleeve shall be mechanical joint Mueller Company H-615 or H-616, or equal, depending on the outside diameter of the pipe being tapped, with a minimum working pressure of 200 pounds per square inch. The tapping valve shall be a mechanical joint, O-ring packed, double disc, parallel seat gate valve, Mueller H-667, as manufactured by Mueller Company, or an approved equal, with a minimum working pressure of 200 pounds per square inch and the direction of opening shall be counterclockwise. The sleeve and valve shall be void of leaks before any waterpipe is attached. Each valve shall be furnished with a valve box and cover. Valve box and cover shall conform to the requirements of the applicable sections of these rules and regulations. The valve shall be laid on a firm bedding of crushed stone or other suitable material, so that the valve is not supported by the adjoining pipe, and so that the tapping sleeve will not turn on the existing pipe due to settlement of the valve. Service may not be interrupted in the water distribution system.

§ 330-18 Method of construction.

The method of construction shall conform to the requirements as specified under Article 6.3000 et seq., and shall also include:
A. 
Water meter and apparatus.
(1) 
The water meter shall be installed horizontally with a valve with wheel handle on the street side of the meter and a valve with wheel handle on the house side of the meter. The meter shall be installed at the point of service entry into the building. The meter shall be installed approximately three feet off the floor and one foot from the wall. The location shall be such that easy access to the meter for readings and replacing is ensured. Under special conditions, the meter may be located at some other point, provided arrangements are made with the Water Department or its duly authorized agent prior to pouring the basement floor. When approval is given to locate the meter at a point other than service entry into the building, and where the service extends under a concrete basement floor, an appropriate-size steel casing shall be used under the floor and extend to outside of the foundation wall. No galvanized pipe, nipple or bushings are permitted.
(2) 
The meter shall be obtained from the Water Department and installed by the Water Department up to its capability.
B. 
Water connection.
(1) 
Water connections for single-family residential or each individual apartment unit, condominium unit, seasonal occupancy unit, cooperative apartment unit, or townhouse unit service shall be 3/4 inch for services less than 80 feet from the water main up to the house and the static water pressure at the street level not less than 40 psi. All other water connections for single-family residential, each individual apartment unit, condominium unit, seasonal occupancy unit, cooperative apartment unit or townhouse unit service shall be one inch. No service connection shall be installed until water mains have been tested and accepted by the Water Department. Connections shall be made with the use of a double strap pipe saddle. The saddle is to have corporation stop threads with neoprene gaskets, a malleable iron body, a forged steel strap, and cadmium-plated threads on straps and nut. All service connections shall be complete with corporation stop, copper service line, and curbstop and box.
(2) 
No solder or silver solder joints are permitted on ground installations. Unions are restricted to the following:
(a) 
Less than 100 feet of service: none; one union each additional 100 feet for three-fourth-inch service.
(b) 
Less than 100 feet of service: none; one union each additional 100 feet for one-inch service.
(c) 
Less than 60 feet of service: none; one union each additional 60 feet for one-and-one-half-inch service.
(d) 
Less than 60 feet of service: none, one union each additional 60 feet for two-inch service.
C. 
Pipe, valves, hydrants, fittings and other appurtenances.
(1) 
Pipe, valves, hydrants, fittings and other appurtenances incorporated in the water system of the Borough shall be installed as stipulated in this chapter and recommended by the manufacturer and the specifications of the American Water Works Association.
(2) 
Hydrants shall be installed at five-hundred-foot maximum intervals, measured along the curb or roadway center line. Gate valves shall be installed on pipes at every pipe intersection and at five-hundred-foot maximum intervals in business districts at eight-hundred-foot maximum intervals in residential districts, all as measured along the curb or roadway center line. Water service installation for existing developments shall be installed on a straight line at a ninety-degree angle from the main to the building receiving said water service.
D. 
Hydrants. The "bury mark" of the hydrant shall be installed at ground level, plus or minus one inch of the elevation of the installed curb. Hydrants failing to meet this requirement shall be reset by the developer at his sole cost and expense.
E. 
Pipe protection.
(1) 
Tie rods, thrust blocks and encasements are to be installed for pipe protection against movement, vertical thrust, horizontal thrust, settlement and damage from existing pipe or structure.
(2) 
Tie rods are to be installed at vertical bends, complex fittings arrangements, pipe interconnections, and at hydrants between the inlet joint and the line tee. Tie rods shall be tied to the joint and the main-line tee. Tie rods shall be tied to the joint at the gland and/or held to the pipe with socket clamps manufactured by James B. Cow and Sons, Inc., or equal.
(3) 
The tie rods and appurtenances shall be protected from corrosion with field wrap Tapecoat 20 or Tapecoat CT or equal, or coated with Tapecoat TC Mastic Brush-Applied Coating or equal.
(4) 
Thrust blocks are to be constructed at all bends of 11 1/4° or greater, plugs, tees, caps and hydrants and placed against undisturbed firm soil for lateral thrust. The concrete shall be 1:2 to 1 1/2:5 mix and shall develop a twenty-eight-day compressive strength of at least 2,000 pounds per square inch.
(5) 
Encasement are to be constructed over unstable foundations, over existing pipe or conduits, under existing pipes or conduits, and under streams or drainage ditches. Specifications for concrete for encasement of pipes shall be the same as for thrust blocks. The encasement over an existing pipe or conduit shall be constructed not to permit the load to be transmitted to the existing pipe or conduit. The construction of all extensions and alterations to the Borough's water system shall be in accordance with Standards of the American Water Works Association, as amended from time to time, and shall be set forth in the ordinances of the Borough and be subject to inspection and approval by the Water Department.

§ 330-19 Testing; disinfection.

A. 
Hydrostatic tests.
(1) 
The owner shall furnish all materials, equipment and labor necessary for testing all pipe and appurtenances installed. The owner shall make preliminary pressure and leakage tests as are required to assure a reasonably successful final test prior to making request for permission to conduct a final acceptance test which will be made under the supervision of the Water Department.
(2) 
No work shall be closed or covered up until it has been duly inspected and approved for proper and satisfactory construction and installation and compliance with this chapter.
(3) 
Should uncompleted or unapproved work be covered, the owner shall, at the owner's expense, uncover all work so that it can be properly inspected and approved, and after such inspection and approval, he shall properly repair and replace all work found defective, unsatisfactory and not in accordance with this chapter and, after such repair and replacement, the owner shall complete all work to the satisfaction of the Water Department and status as it was before it was closed and covered, and all at his own expense.
(4) 
After all air is vented from the line, a pressure test shall be made. The owner shall pressurize the test section to a pressure of 250 psi by the addition of water. This pressure shall hold for a period of at least two hours. An excessive pressure drop could indicate improper joints or cracks of defective pipes, fittings, valves, hydrants or appurtenances. Any unsatisfactory work or material discovered in consequence of this pressure test shall require removal and replacement by the owner with sound material in a satisfactory manner, and the test shall be repeated until satisfactory to the Water Department.
(5) 
A leakage test shall be conducted after the pressure test has been satisfactorily completed. The duration of each leakage test shall be two hours, and during the test, the main shall be subjected to a pressure of 150 psi and not permitted to fall below 140 psi or 1 1/2 times the static pressure to be handled, whichever is greater.
(6) 
Leakage is defined as the loss of water from a newly laid pipe or any valve section thereof as a result of a specified leakage test pressure. The amount of leakage is measured by the amount of water required to fill the pipe after the air has been expelled. No pipe installation will be accepted until the leakage is less than the number of gallons per hour as determined by the following formula, in which L equals the allowable leakage in gallons per hour; N is the number of joints in the length of the pipeline tested; D is the nominal diameter of the pipe in inches; and P is the average test pressure during the leakage in pounds per square inch gauge. Joints on corporation stop, unions and curbstops shall not be included in the value of N.
L = ND P
7,400
(7) 
Should any test of the pipe disclose leakage greater than that specified, the owner shall at his expense locate and repair the defective joints until the leakage is within the specified allowance.
(8) 
The test shall be conducted at the low point in the portion of the installed system unless otherwise directed by the Water Department.
B. 
Disinfection of completed lines.
(1) 
Before a section of water main is placed in service, the line shall be disinfected by the owner. Sterilization procedures shall be in accordance with New Jersey Department of Environmental Protection Rules and Regulations. The chlorine concentrations and length of contact time shall be in accordance with the Rules and Regulations of the New Jersey Department of Environmental Protection, "Rules and Regulations for the approval of Public Water Supply Systems and Treatment Plants," Section 3.3, and as updated from time to time. During the disinfection process all valves and hydrants shall be operated for sufficient time to allow water to flow through. The owner shall perform all work required in connection with the disinfection of the water main.
(2) 
The Water Department shall provide a representative, who shall satisfy himself that the disinfection of the water main is accomplished in accordance with the above-defined procedures, rules and regulations. The owner shall obtain the necessary bacteriological samples and shall pay the costs of bacteriological tests by a state-recognized independent laboratory. Upon completion of the disinfection of the water main, the owner, with a representative of the Water Department present, shall flush all water mains so that they are free of excess chlorine concentrations, dirt or other foreign matter.
(3) 
Where it is advantageous to the Water Department, the disinfection and flushing of water mains in any portion of the work may be ordered. Where additions, alterations or repairs are made to a water main after disinfection has been performed, disinfection of the area affected shall be performed in a manner acceptable to the Water Department.
C. 
Testing for release of maintenance bond. The Borough may require testing of any water mains prior to release of any maintenance bond to an applicant.
[Amended 5-4-2009 by Ord. No. O-04-09; 3-28-2011 by Ord. No. O-05-11]
(1) 
Drilling wells. No person shall dig, drill or drive holes in the ground or earth for the purpose of constructing a water well or pump station to take or use water for private use in any manner without first having obtained permission from the Water Department. Permission shall be obtained only by written application to the governing body accompanied by a plan showing the premises on which the proposed well or pump station is to be located. The applicant shall furnish any other data or information requested by the governing body.
(2) 
Cross connections. No cross connection between the public water supply system and any nonpotable supply will be allowed unless properly protected. No connection capable of causing backflow between the public water supply system and any plumbing fixture, device or appliance, or between any waste outlet or pipe having direct connection to waste drains will be permitted after 24 hours' written notice by the Water Department. If the owner of the connection fails or refuses to break or properly protect the connection within the time limit, the Department shall discontinue service by making a definite break in the supply pipe until the connection has been properly broken or protected.
(3) 
Shutting off water. Should it become necessary to shut off the water from any section of the system because of accident or for the purpose of making changes or repairs, the Water Department will endeavor to give timely notice, either in writing or verbal, to the consumers affected thereby and will, as far as practicable, use its best efforts to prevent inconvenience and damage arising from any cause, but failure to give the notice will not render the Borough responsible or liable for damages that may result therefrom or from any other cause.
(4) 
Safeguarding use of hot water tanks. All consumers having direct-pressure hot water tanks must place proper vacuum and relief valves in the pipe system to prevent any damage to the tanks should it become necessary to shut off the water on the street mains. The utility will not supply water to premises where direct-pressure hot water tanks or appliances are used except at the risk of the owner.
(5) 
Fire hydrants. A fire hydrant installation shall be made by the Department or under its supervision and with approved materials.
(6) 
Private hydrants. Private hydrants are those installed on private property for fire protection only, to be paid for by the owner or applicant on an annual rental basis and to be paid in the same manner and under the same terms as the water bill. All private hydrants will be sealed upon installation, and the penalty for opening a hydrant for other than fire protection purposes will be as provided in § 330-21. In the event that the seal of any fire hydrant has been broken, the Water Department shall be notified immediately.
(7) 
Fire service.
(a) 
Standpipes or other pipes to be used solely for fire protection may be installed with permission of the Mayor and Council. Application for such permission must be accompanied by a plan of the proposed pipe system, which will be subject to the approval of the Mayor and Council or its engineer or superintendent. No alterations or additional fixtures shall afterwards be introduced without approval.
(b) 
The entire cost of installing fire services, to and including the meter pit, together with the cost of the meters, its valves and fittings, shall be borne by the owner of the building supplied. The cost, however, of maintaining the meter after it has been purchased and installed by the owner shall be the obligation of the Water Department. A bypass may be installed around the meter to ensure complete fire protection in the event the meter must be removed for repairs. The bypass shall be used only for emergencies. Specifications for the meter pit and the layout of the installation therein will be furnished by the Mayor and Council and must be adhered to.
(c) 
No taps will be allowed on any fire sprinkler or any fire standpipe systems without the written permission of the Mayor and Council and the Schedule Rating Office of the State of New Jersey.
(8) 
Meter testing. The accuracy of the meter on any premises will be tested by the Department upon written request of the owner, who shall pay the proper fee to cover the cost of the test. If, on testing, the meter shall be found to register over 3% more water than actually passes through it, another meter will be substituted therefor or the one in use repaired and no fee will be charged, and the Mayor and Council will, upon application, adjust the water bill for the current quarter in such manner as it may think fair and just.
(9) 
Frozen meters. Frozen meters will be removed and repaired by the Department, and the consumer will pay the cost therefor.
(10) 
Extensions. Extensions of or changes in the water mains of the system may be initiated by the Mayor and Council or by a proper application from any person. Applications for the extension of old or the construction of new mains shall be addressed to the Mayor and Council of the Borough of Wharton and made upon a blank form prepared by the Superintendent, and all blank spaces thereon intended to be filled by the applicants must be fully and correctly filled in, and the applicant must subscribe to the conditions thereon. The Mayor and Council will thereupon consider the application and advise the applicant of its decision. The Mayor and Council may prescribe the terms and conditions upon which the application will be granted and will require written acceptance or guarantee of the terms and conditions by the applicant, in the form of a contract. When the application is granted, the Mayor and Council will instruct the Superintendent to proceed as promptly as practicable with the work, upon the terms and conditions named.
(11) 
Winter construction. Except in case of emergency, no new supply pipes or extension of main pipes will be installed during winter conditions, which increase the cost of the work, and payment by the owner of all extra expense over ordinary construction cost may be charged at the discretion of the Water Department.
(12) 
Explosives. No explosives shall be stored or used for any purpose within 50 feet of any of the mains or appurtenances of the water supply or distribution system of the Water Department without the written permission of the Water Department.
(13) 
Supply and service pipes; application.
(a) 
All applications for the introduction of Borough water to private premises or for the change of any existing supply shall be made to the Clerk of the Water Department by the owner of the premises or by his duly authorized agent. The application must be made upon forms approved by the Mayor and Council, and the applicant must subscribe to the conditions printed thereon. The application must be accompanied by the tapping fee, in full, which fee will be returned if the application is not granted. Upon receipt and approval of the application by the Mayor and Council, the Clerk of the Water Department shall issue an order to the service department for the installation of a supply pipe and its appurtenances.
(b) 
No additional connections or alterations to existing connections will be made for the owner of any premises unless and until all charges of every nature due the Department from the owner or charges against the premises are first paid.
(14) 
Building water. Persons desiring the use of water for building construction shall make application in the regular way for service. Under no circumstances shall water for building construction be taken from the fire hydrants of the Department. The Department reserves the right to regulate the purpose for which the water may be used during construction. All water used for building construction shall be metered, and the owner must make provisions to protect the meter and service facilities from freezing.
(15) 
Notice of connection. At least two weeks' notice, excluding Saturday, Sunday and legal holidays, shall be given the Department before any connection will be made.
(16) 
Supply pipe. Tapping of the street main, including furnishing of curb cock, service clamp (if necessary), supply pipe to the curb cock and curb box and the placing and connection of same, together with all excavating and backfilling necessary, shall be planned and executed under the supervision of the Department at the cost set forth in the ordinance establishing rates, fees and charges.
(17) 
Service pipe. The excavation, furnishing and installation of the service pipe and backfilling necessary shall be the responsibility of the owner.
(18) 
Materials for supply and service pipe. In all cases, service pipe and supply pipe shall be of heavy copper tubing conforming to American Society for Testing Materials designation B88 "standard specification for seamless copper water tube" (Type K), with the properties and corresponding fittings.
(19) 
Installation digging and backfilling. All digging and backfilling of supply pipes and the digging and backfilling of the service pipes is the responsibility of the owner.
(20) 
Pipe cover. Supply and service pipes and all other pipes or fixtures placed underground must be placed at least four feet below the surface or finished grade of the ground to prevent freezing.
(21) 
Sleeves. Any service running under porches, garages or any other structures must be placed within a three-inch (or larger) steel pipe sleeve, which shall be furnished and installed by the owner. The sleeves must be straight. No bends will be allowed.
(22) 
Valve. In each building intended to be connected with the public water supply, there shall be provided by the owner a gate valve with hand wheel, placed as near the front basement or foundation wall as possible but before the meter position, and where easily accessible, and another valve of the same type directly after the meter, in order that the water may be turned on and off and drained from the pipes in case of accident and in order to make necessary repairs. The valves must be kept in good working order and must be thoroughly protected against frost.
(23) 
Meters.
(a) 
Provisions shall be made for the convenient installation of a meter where it is accessible at all times. Installation will be made in accordance with the specifications of the Department, which will be furnished upon application to the Mayor and Council.
(b) 
Meters will be sealed by the Water Department, and no one except an authorized employee of the Department shall break or injure the seals. No person other than an authorized employee of the Department shall change the location of, alter or interfere in any way with any meter while in service.
(c) 
Only one meter shall be set for each service; water services to individual families shall have separate shutoffs at such, installation of which shall be the responsibility of the owner.
(24) 
Approval. All services and meters installed are subject to the approval of the Department.

§ 330-20 Billing and collecting.

[Amended 3-26-2007 by Ord. No. O-3-07; 6-25-2007 by Ord. No. O-13-07; 4-14-2008 by Ord. No. O-10-08; 5-4-2009 by Ord. No. O-04-09; 9-28-2009 by Ord. No. O-16-09; 11-29-2010 by Ord. No. O-12-10; 3-28-2011 by Ord. No. O-05-11; 12-27-2011 by Ord. No. O-23-11; 12-17-2012 by Ord. No. O-20-12; 12-30-2013 by Ord. No. O-10-13; 12-29-2014 by Ord. No. O-19-14; 12-28-2015 by Ord. No. O-24-15; 12-27-2016 by Ord. No. O-23-16]
The Water Department will prepare bills setting forth water and other Department charges and send them to its customers through the United States Postal System. Bills that are not delivered by the United States Postal System shall, nevertheless, remain due and owing. The amount of such nondelivered bills shall, upon request, be made available to customers either in person, in writing, or by telephone.
A. 
Due dates for quarterly water payments:
[Amended 6-12-2017 by Ord. No. O-07-17]
Quarter
Due Date
1
March 1
2
June 1
3
September 1
4
December 1
All bills shall be due no later than the due date set forth on said bill. To avoid additional charges, such as on and off fees, payments for delinquent accounts must be paid before 10:00 a.m. on the scheduled shutoff day. If the payment is not received by this time and date, the water will be shut off and any fees so stated in this chapter will be imposed.
B. 
An 8% interest per annum will be charged if the bill is not paid within 30 days of the due date. That rate will be set annually by the governing body at its reorganization meeting.
C. 
In the event that more than one resident is connected to the curb box preventing a shutoff, the shutoff fee will nevertheless be imposed. Furthermore, a delinquent owner of a residence which cannot be shut off due to a shared curb box will be required to install a separate curb box in the event that a shutoff would have been imposed for two consecutive quarters. It is the intent of this chapter to permit a shared curb box only if it may be accomplished without conflict and without problems. In the event a conflict or problem should arise, the Department of Public Works, in its sole and absolute discretion, may require the property owner to install separate curb boxes.
D. 
In the event that a water bill remains unpaid for 30 days or more after the due date of such bill, the Department may discontinue water service to the property for which the water bill is due, provided that the Department has complied with the following procedure.
(1) 
A delinquent notice shall be sent to all accounts where the bill remains unpaid for 30 days.
(a) 
This notice shall be deemed satisfactory if sent as follows:
[1] 
By personal service or by regular mail, provided that the mailing is made to the last known address of the customer and the property owner.
[2] 
The notice must be postmarked at least 10 days prior to the date of the discontinuation of service.
(b) 
In the event that the delinquent account is that of a landlord/tenant situation, then the tenant will have the option of paying the delinquent bill.
(c) 
In the event that a partial payment of the amount due and owing on a bill is made but the outstanding balance is more than $25, no additional notices will be given before discontinuance of service as set forth in § 330-20.
(d) 
A customer must contact the Water Clerk, by phone, in person or in writing, to arrange for a payment plan to avoid the scheduled discontinuation of service. If the payment plan is violated, service may be terminated, provided notice is given 10 working days prior to discontinuation.
(e) 
In the event that water service is shut off due to nonpayment of a water bill, and the homeowner does not realize this until after regular business hours of the Borough, then the Water Department shall turn on the water at such time when the homeowner realizes this. However, all payments must be made to the Water Clerk by the next business day, or the water will be shut off and not be restored until payment is received no matter what the circumstances are.
(f) 
A service charge shall be assessed for the restoration of service when service to a property has been discontinued, pursuant to Subsection D(4), Water rates, fees and charges. Said service charge shall be due and payable immediately upon restoration of service. If said service restoration fee is not paid within one business day of the date of restoration, the service may be discontinued without further notice.
(g) 
There shall be no discontinuation of service during the months of December, January and February by reason of nonpayment of bills. However, amounts due shall continue to accrue during that period as shall interest on unpaid amounts pursuant to N.J.S.A. 40A:31-17.
(h) 
The Mayor and Council shall have the authority to waive any fees or service charges incurred on account of the provisions of § 330-20 for reasons of hardship or upon other good cause shown.
(i) 
All water accounts will be listed in the name of the property owner and the customer, forwarded to the last known address of each.
(2) 
Final readings/change of ownership. Any water customer requesting a final reading because of change of ownership must pay the final read bill within one week of the final read. This payment is the sole responsibility of the owner requesting the final read. Any unpaid bill will become a lien on the property.
(3) 
Malfunctioning meters or registers. If a reading of the meter or register indicates a malfunction or zero use, and it is deemed that the property is occupied, then an estimated bill will be sent to the owner of record based on the last accurate reading.
(4) 
Water rates, fees and charges. The following rates shall prevail and continue until changed, altered or amended by ordinance of the Borough Council.
(a) 
Domestic, laundromat, industrial and lawn hydrants.
[1] 
Effective January 1, 2017, the domestic rate per 100 cubic feet shall be $3.49.
[2] 
Where there are multiple units, the minimum rate for such multiple units shall be the minimum rate of a single service meter multiplied by the number of units.
[3] 
Effective January 1, 2017, the laundromat rate per 100 cubic feet shall be $3.49 for the first 1,350 ccf; thereafter the rate is $3.65 per 100 cubic feet.
[4] 
Effective January 1, 2017, the industrial rate per 100 cubic feet is $3.49 for the first 1,350 ccf; thereafter the rate is $3.65 per 100 cubic feet. Both industrial rates are based upon the rate charged to the Borough by the Morris County Municipal Utilities Authority.
[5] 
Lawn hydrant per quarter, in addition to metered water use: $25.
(b) 
Private fire service charges. Annual charge based on diameter of service main furnished:
Service Main Diameter
(inches)
Rate
2
$50
2 1/2
$60
4
$150
6
$250
8
$300
10
$400
12
$600
(c) 
Public fire service. Annual charge per hydrant: $125.
(d) 
Tapping charges. Effective July 15, 2007, tapping of the main, the curbstop and box and the service line from the main to the property line, cost per connection shall be:
[1] 
For three-fourths inch: $800.
[2] 
One inch or larger: based on actual cost incurred, but not less than $1,500.
[3] 
Supply pipe installation in county road and state highways: based on actual cost incurred, but not less than $1,800.
(e) 
Meter charges. Water meter installation and labor charges: actual cost, not less than:
Size
(inches)
Rate
5/8
$250
3/4
$300
1
$355
1 1/2
$625
2
$725
(f) 
Miscellaneous charges:
[1] 
Turn on and/or off during hours of 7:00 a.m. to 2:00 p.m., Monday through Friday: $10 each.
[2] 
Turn on and/or off before or after business hours as stated in Subsection D(4)(f)[1] above, including weekends and Borough holidays: $180.
[3] 
Turn off water illegally turned on: $500.
[4] 
Unscheduled meter readings: $50.
[5] 
Transfer fee for ownership changes: $30.
[6] 
Returned checks: as set forth in the resolution annually adopted by the Borough.
[7] 
Meter test, payment for meter accuracy to within 3%, where test is at customer's request:
Size
(inches)
Fee
5/8
$75
3/4
$75
1
$75
1 1/2 and larger
Actual cost incurred but not less than $100
[8] 
Quarterly meter maintenance charge:
Meter Size
(inches)
Charge
5/8
$2.50
3/4
$3.50
1
$4.50
1 1/4
$5.50
1 1/2
$6.50
2
$7.50
3
$10
4
$15
6
$125
[9] 
Meter repair for damaged meter: cost of repair or replacement, plus labor and material.
[10] 
Illegal hydrant opening: $800.
[11] 
Service charge for restoration of service when service to a property has been discontinued due to nonpayment of water bill: $50.
[12] 
Mail fee for certified delinquent notices: price as set forth by the United States Postal Service.

§ 330-21 Violations and penalties.

[Added 5-4-2009 by Ord. No. O-04-09]
Violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty.