A. 
This article sets forth a uniform method for the imposition, collection and administration of user fees, penalty fees and the monitoring of discharges and sets forth descriptions and delegation of the various responsibilities associated therewith. The objectives of this article are:
(1) 
To comply with the mandate of the EPA to reconstruction the treatment plant and install additional facilities to achieve greater levels of sewerage treatment.
(2) 
To enable the City to comply with all applicable federal and state laws and regulations pertaining to both cost recovery for federally funded sewerage facilities and the collection of sewer user fees.
B. 
This article shall apply to all dischargers. The City of Union City shall administer and enforce the provisions of this article, except as otherwise provided herein.
As used in this article, unless the context clearly requires a different meaning, the following words and terms not included in § 342-4 shall have the following meanings:
COMMERCIAL/INDUSTRIAL USER
Any nonresidential discharger.
CONVEYANCE AND TREATMENT FEE
The user fee charged to all dischargers.
CONVEYANCE COST
The total cost of operation, maintenance replacement, debt service, administration billing and collection, and related costs applicable to the City's pumping stations, interceptors, tide gates, regulators, tributaries and collection sewers.
DISCHARGER
A person or entity that emits discharge to the treatment plant.
FEE
See "surcharge fee," and see "user fee."
FISCAL YEAR
The fiscal year of the North Hudson Sewer Authority or Passaic Valley Sewer Authority, starting January 1 and ending December 31.
[Amended 5-21-2013]
FLOW
The quantity of discharge treated by the treatment plant during the fiscal year.
REVENUE, OTHER
Revenue received by the North Hudson Sewer Authority or Passaic Valley Sewer Authority from any other source, including, but not limited to, interest income and impact fees.
[Amended 5-21-2013]
SEWERAGE USER PERMITS
Any permit which is required of any discharger or any potential discharger prior to the discharge of sewerage to the treatment plant.
SURCHARGE FEE
The user fee charged to commercial/industrial users whose discharge is monitored and whose BOD-5 concentration and/or SS concentration exceeds 300 ppm.
TREATMENT COST
The total cost of operation, maintenance, replacement, debt service, administration, billing and collection and related costs applicable to the treatment plant.
TREATMENT PLANT
The North Hudson Sewer Authority or Passaic Valley Sewer Authority Sewerage Treatment Plant.
[Amended 5-21-2013]
USER FEE
The fee charged for the purpose of recovering the costs of operation, maintenance and replacement of the federally funded sewerage treatment facility.
[Amended 5-21-2013]
Sewer user fees shall charge to each user its proportionate share of costs for sewerage treatment, including replacement, within the service area, and shall be uniform throughout all areas subject to such sewer user fees under this article for the same type, class and amount of use or service of the sewer system. Sewer user fees shall be calculated in the following manner:
A. 
Surcharge fee. The North Hudson Sewer Authority or Passaic Valley Sewer Authority shall annually estimate those portions of the treatment charge applicable to the factors of BOD loading and SS loading, shall establish surcharge rates for each factor, and shall charge commercial/industrial dischargers whose BOD concentration exceeds 300 ppm and/or whose SS concentration exceed 300 ppm a surcharge fee based on such rates; surcharge fees for the BOD loading factor and/or the SS loading factor shall be based on volume of usage times the concentration of such factor in excess of 300 ppm times the rate; all remaining charges to such dischargers for the factors of BOD loading and SS loading where the BOD concentration and the SS concentration are both equal to 300 ppm or less shall be calculated pursuant to the calculation for conveyance and treatment fees. The surcharge fee formula follows:
Factor base x volume of usage x BOD-5 in excess of 300 ppm x SS in excess of 300 ppm
B. 
Conveyance and treatment fee. The North Hudson Sewer Authority or Passaic Valley Sewer Authority shall develop a user fee rate per 1,000 gallons of sewerage discharge based on the sum of the conveyance cost plus the treatment cost minus revenues from surcharge fees minus other revenues and divided by the flow and shall charge each discharger a user fee based such rate times the volume of discharge of such discharger. The conveyance and treatment fee formula follows:
Conveyance cost + treatment cost - surcharge fees - other revenues/flow
[Amended 5-21-2013]
Prior to the commencement of the fiscal year, the North Hudson Sewer Authority or Passaic Valley Sewer Authority shall prepare a planned budget for all costs, revenues and rates for the following fiscal year. Such planned budget and the basis for its contents shall be made available for public inspection at least 30 days prior to a public meeting of Union City regarding such budget, with notice of such public meeting being posted at Union City's City Hall, advertised in one or more newspapers at least 30 days prior to the meeting, and provided to the Mayor and governing bodies of the City of Union City at least 30 days prior to the meeting.
[Amended 5-21-2013]
The billing of all customer accounts is the responsibility of the North Hudson Sewer Authority or Passaic Valley Sewer Authority and shall be done at the discretion of the North Hudson Sewer Authority or Passaic Valley Sewer Authority but not less frequently than annually and not more frequently than quarterly. North Hudson Sewer Authority or Passaic Valley Sewer Authority may bill any and all users situated in Union City.
[Amended 5-21-2013]
The payment of all bills for user fees levied by the North Hudson Sewer Authority or Passaic Valley Sewer Authority are due within 45 days of issuance by the City, and Union City may impose penalty fees for the late payment or nonpayment of such bills. Union City shall annually establish penalty fees at the time user fees are established and may consider in its determination of such penalty fees the amount owed, the duration of the delinquency or other criteria. Union City reserves the right to waive or modify penalties.
The City may annually charge to each discharger a minimum user fee, regardless of any use of the sewer facilities, to cover expenses incurred by the City for billing and collection, administration and a portion of the debt service.
The City reserves the right to impose other charges to cover expenses incurred in the conveyance and treatment of the sewerage.
The City shall maintain appropriate records of all revenues and expenses, including the basis for its rates and charges and its budgeted expenses. Such records shall be audited each year by a certified public accounting firm, with copies of such audit provided by Union City.