[Ord. No. 3986, 2-7-2007, § 1; amended by Ord. No. 4006, 5-8-2007, § 1]
As used in this article, the meanings of the following terms
shall be as follows:
AUTHORITY
The Bergen County Utilities Authority.
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter (mg/l).
COMMERCIAL USER
Any commercial, nongovernmental user whose water consumption
or use in any one calendar year shall be in excess of 100,000 gallons.
CONTRACT USER
Any user located outside of the boundary lines of the Township
of Teaneck who is connected to the Teaneck trunk line and who discharges
wastewater into said trunk line, except that any contract user meeting
the definition of a "significant industrial user" shall be deemed
a significant industrial user.
EXEMPT USER
The Township of Teaneck, the Board of Education of the Township
of Teaneck, charter schools established pursuant to N.J.S.A. 18A:36A-1
et seq., and the Teaneck Volunteer Ambulance Corp.
INDUSTRIAL USER
Any nongovernmental industrial user whose water consumption
or use in any one calendar year exceeds 100,000 gallons.
NONTAXABLE USER
Any user who owns real property within the Township of Teaneck
which is exempt from real property taxation, other than exempt users,
whose water consumption or use in any one calendar year exceeds 100,000
gallons.
SIGNIFICANT INDUSTRIAL USER
Any commercial or industrial user whose flow exceeds 25,000
gallons per day, or its equivalent, of sanitary wastewater as defined
and measured pursuant to the rules and regulations adopted by the
Authority.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
USER
Any person, corporation, individual, society, firm or other
entity or association who is the owner of real property which is directly
or indirectly connected into the wastewater system of the Township.
[Ord. No. 1839, § 1; amended by Ord. No. 1903, 3-17-1981, § 1; Ord. No. 3986, 2-7-2007, § 1]
A. No person shall discharge or allow to be discharged any waste or
wastewater into the Township's wastewater system except as provided
and allowed by the rules and regulations of the Authority, not fewer
than two copies of which are on file in the office of the Township
Clerk and which are available for public inspection during normal
business hours.
B. Except as otherwise provided herein, the Township of Teaneck hereby
adopts and enacts the rules and regulations of the Authority and the
user charge system and industrial cost recovery system contained in
said rules and regulations. The installation, operation and use of
all sanitary sewers and wastewater systems within the Township of
Teaneck shall be in compliance with said rules and regulations.
C. Copies of the rules and regulations of the Bergen County Utilities
Authority can be obtained from the Authority for the cost of publication.
[Ord. No. 1839, § 1; amended by Ord. No. 1903, 3-17-1981, § 1; Ord. No. 3986, 2-7-2007, § 1; Ord.
No. 4006, 5-8-2007, § 2]
Users of the Township's wastewater system shall pay the following
charges:
A. Significant industrial users: Significant industrial users shall
pay an annual charge to the Township which is calculated in accordance
with Authority requirements, standards and criteria for said users,
based on flow, suspended solids and BOD, together with a percentage
of the Township's annual cost for the operation, construction, repair
and maintenance of the Township wastewater system, including engineering
costs, bond principal and interest and administration expenses, said
percentage to be derived by dividing the total annual water use of
the significant industrial user within the Township of Teaneck less
a credit of 100,000 gallons by the total annual water use of all users
within the Township, excluding exempt users.
(1) Each significant industrial user shall furnish the Township of Teaneck
with its total annual water consumption, both metered and unmetered,
for the preceding calendar year on or before March 1 of each year.
(2) In the event of the failure of any significant industrial user to
provide the information required above or in the event that the information
provided is less than the total annual water consumption computed
or estimated by the Township of Teaneck for such significant industrial
user, the Township of Teaneck shall notify the significant industrial
user of the intent of the Township of Teaneck to utilize the total
annual consumption computed or estimated by the Township of Teaneck
in calculating the sewer user charge for such significant industrial
user. In computing or estimating said annual consumption, the Township
may measure the flow into the sewer system, compute water consumption
using Veolia North America statistics, estimate well water consumption,
utilize estimates prepared by the Authority or such other method designed
to accurately compute or estimate said annual consumption. Should
the significant industrial user contest the amount so computed or
calculated by the Township of Teaneck, it may appeal the decision
of the Township to the appropriate court of law in accordance with
the rules governing such court.
[Amended by Ord. No. 21-2022, 8-30-2022]
B. Nontaxable users, commercial users and industrial users: Nontaxable
users, commercial users and industrial users shall pay an annual charge
computed by dividing the total annual water usage of such nontaxable
user, commercial user or industrial user less a credit of 100,000
gallons by the total annual water usage within the Township of Teaneck,
excluding exempt users, and by multiplying the figure thus computed
by the sum of the total annual charge to the Township of Teaneck with
respect to the treatment of wastewater as calculated by the Bergen
County Utilities Authority and the total annual cost to the Township
of Teaneck for the operation, construction, repair and maintenance
of the Township's sewer system, including engineering costs, bond
principal and interest and administration expenses.
(1) Each nontaxable user, commercial user and industrial user shall furnish
the Township of Teaneck with its total annual water consumption, both
metered and unmetered, for the preceding calendar year on or before
March 1 of each year.
(2) In the event of the failure of any nontaxable user, commercial user
or industrial user to provide the information required above or in
the event that the information provided is less than the total water
consumption computed or estimated by the Township of Teaneck for such
nontaxable user, commercial user or industrial user, the Township
of Teaneck shall notify the nontaxable user, commercial user or industrial
user of the intent of the Township of Teaneck to utilize the total
annual consumption computed or estimated by the Township of Teaneck
in calculating the user charge for such nontaxable user, commercial
user or industrial user. In computing or estimating said annual consumption,
the Township may measure the flow into the sewer system, compute water
consumption using Veolia North America statistics, estimate well water
consumption, utilize estimates prepared by the Authority or such other
method designed to accurately compute or estimate said annual consumption.
Should the nontaxable user, commercial user or industrial user contest
the amount so computed or calculated by the Township of Teaneck, it
may appeal the decision of the Township to the appropriate court of
law in accordance with the rules governing such court.
[Amended by Ord. No. 21-2022, 8-30-2022]
C. Contract users: Contract users shall pay an annual charge to the
Township which is determined in accordance with the terms and provisions
of the contract between the Township and said contract user. Upon
the termination of any individual contract, said contract user shall
be required to pay an annual charge computed for each such contract
user in accordance with the formula specified for nontaxable, commercial
and industrial users.
D. Other users: All other users, except exempt users, shall be required
to pay an annual pro rata charge computed on an ad valorem basis in
relation to the assessed value of real property owned by the user
within the Township of Teaneck. Said charge shall be based upon a
sum represented by the total annual charge to the Township of Teaneck
by the Authority for wastewater discharge, together with the total
annual cost to the Township of Teaneck for the operation, construction,
repair and maintenance of the Township wastewater system, including
engineering costs, bond principal and interest and administration
expenses, less the total of all charges paid to the Township by significant
industrial users, nontaxable users, commercial users, industrial users
and contract users for wastewater discharge. Annual charges payable
by said other users shall be paid in equal quarterly installments
on the first days of February, May, August and November of the year
respecting which the charges are imposed in the same manner and to
the same Township official to whom real property taxes are paid.
E. For the purposes of calculating the 100,000 gallon credit and the
amount of the sewer user charge, each tax lot, except as noted below,
regardless of the number of tenants, businesses or occupants occupying
such tax lot, shall be considered a single user and the owner thereof
shall be entitled to one credit of 100,000 gallons of water usage.
The annual sewer user charge shall be billed to the owner of such
real property. Where more than one tax lot is used as a single economic
unit, e.g., a principal use accompanied by accessory uses, including,
but not limited to, parking lots and accessory buildings and structures,
such single economic unit shall be regarded as a single user and shall
only be entitled to one 100,000 gallon credit.
[Ord. No. 3986, 2-7-2007, § 1; amended by Ord. No. 4006, 5-8-2007, § 3]
A. Any significant industrial user, nontaxable user, commercial user
or industrial user who is the owner of real property within the Township
of Teaneck on which there is situate a privately owned water well
and any contract user who is the owner of property on which there
is situate a privately owned water well shall install and maintain
a water meter on each well to enable said user to furnish the Township
with accurate figures as to water use. Such water meter shall be of
a type and design approved by the Township Engineer and shall be installed
by the user at the user's cost and expense within 30 days after the
date of this article.
B. The Township may also request any user who is the owner of real property
within the Township on which there is situate a privately owned water
well to install a water meter on said well.
C. Calculations under this article shall include water utilized by a
user from public water systems as well as private wells.
[Ord. No. 3986, 2-7-2007, § 1]
The Township reserves the right to require any user to install
a wastewater meter of a type approved by and acceptable to the Authority
and to the Township at the user's cost and expense.
[Ord. No. 3986, 2-7-2007, § 1]
A. All charges, other than those computed on the ad valorem basis, shall
be payable to the Township of Teaneck and shall be and remain a lien
upon the real property owned by any user. The Township shall have
the same remedies for the collection thereof, with interest, costs
and penalties, as it has by law for the collection of real property
taxes.
B. All charges shall be due and payable quarterly on the first of August,
November, February and May of each year. Payments shall be made to
the Township Tax Collector.
C. In the event that any user fails to pay any charge for a period of
30 days from the date said charge was to be paid, the deposit of wastewater
by said user may be discontinued.
[Ord. No. 3986, 2-7-2007, § 1; amended at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any violation of this article shall, upon conviction thereof,
be punished by one or more of the following: a fine not to exceed
$2,000 or by imprisonment in the Bergen County Jail for a period not
to exceed 90 days, or by a period of community service not to exceed
90 days for each violation of the provisions of this article. Each
day the article is violated shall be deemed and taken to be a separate
violation.
[Ord. No. 3986, 2-7-2007, § 1]
The within article shall not be deemed to interfere with any
existing contractual arrangements between the Township and any individual
user.