[Ord. No. 17-79, § 1; No. 28-92, § 5]
(a) A use rate is hereby established which is to be applied to the owners,
occupants or tenants of all commercial buildings on real properties
lying outside the boundaries of the Borough of Morris Plains in the
event of their use of the Borough's sanitary sewer system to
carry wastes from the Borough's sanitary sewer system to the
sewage treatment plant of the Township of Morris, said use rate to
be paid to the Borough of Morris Plains.
(b) A tie-in fee in the amount set forth in the Fee Schedule of the Borough of Morris Plains, Chapter
2, Section
2-46, of the Revised Ordinances is due and payable to the Borough of Morris Plains upon the initial tie-in of a commercial building on real property lying outside the Borough of Morris Plains to the sewer system of the Borough. The tie-in fee shall be due and payable with the application for permission to connect into the sanitary sewer system of the Borough. No permission shall be granted by Borough officials to tie in until the requisite fee is paid.
(c) A use fee of one dollar and ten cents ($1.10) per thousand gallons
with an annual minimum of one hundred fifty dollars ($150.) is due
an payable to the Township of Morris for use of a portion of its sanitary
sewer system for the transmission and ultimate processing of sewage
in the Morris Township sanitary sewage treatment plant. The aforesaid
use fee is subject to any increase established by ordinance of the
Township of Morris, which increase shall be the same as charged for
such uses by the Township of Morris. The borough shall serve as collection
agent for the Township of Morris and shall make collection of the
use fee as provided hereinafter.
(d) An additional use fee of seventeen cents ($0.17) per thousand gallons
for use of a portion of the borough sanitary sewer system for transmission
of sewage to the sanitary sewer system of the Township of Morris shall
be due and payable to the borough as provided hereinafter. Said use
fee may be increased by the borough in accordance with the following
formula:
Revised rate per thousand gallons =
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$0.17
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x
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Borough unit costs
in year of revision
Borough unit costs in 1977
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Wherein, Borough unit costs are defined as shown by the following
calculations for 1977:
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|
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1977 Sewer Department salaries,
wages and other costs
1977 total sewer flow
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=
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$36,100.00
290,413 thousand gallons
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=
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$0.124 per thousand gallons
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(e) Use fees charged under Paragraphs (c) and (d) above shall be applicable
to any commercial building on real property lying outside the Borough
of Morris Plains which is connected to the sanitary sewer system of
said Borough on January 1, 1979. The owners of commercial buildings
on real properties lying outside the Borough of Morris Plains which
are connected into the sanitary sewer system of the Borough after
January 1, 1979, shall be liable for use fees as described above,
beginning with the date upon which they are tied in to the sanitary
sewer system of the Borough.
(f) The Borough shall bill the owners of commercial buildings on real
properties quarterly for such sanitary sewage fees, and said owners
of commercial buildings on real properties shall pay the borough within
thirty (30) days thereafter. The first three (3) quarters of any given
calendar year shall be billed and paid on an estimated basis based
upon the prior year’s experience, if any. In the event that
there is no full calendar year’s prior experience, the first
three (3) quarters of the calendar year shall be billed and paid based
upon an estimate of use made by the Borough Engineer. The last quarter
of any given calendar year shall be billed and paid based upon the
actual use for that quarter, plus or minus any adjustment in billing
to be made for the year in question in view of the actual use when
compared with the estimated use as previously billed for that year.
(g) The Borough shall have the right to test sanitary sewage which is
flowing into the system pursuant to this Article. Should the tests
indicate that any standards, rules or regulations of the Borough of
Morris Plains or the Township of Morris relating to the quality of
the sewage are not being met, and the property owners, tenants or
occupants of the commercial building on the real property fail to
remedy such deficiency within 24 hours of notification, a surcharge
of $1,000 per day shall be added to the rate for service, and such
surcharge shall remain in effect so long as the sewage does not meet
the standards, rules or regulations of the Borough of Morris Plains
or the Township of Morris, provided that no penalties shall be incurred
if the owners, tenants or occupants shall take reasonable steps available
to determine the source and correct the violation. Penalties assessed
under the provisions of this Article, if unpaid, shall become a lien
upon the real property on which the commercial building(s) is (are)
located.
(h) Owners of real property lying outside of the Borough which is tied
in to the sanitary sewer system of the Borough shall be liable for
the payment of use charges incurred under this Article. Use charges
which remain unpaid for the period specified herein shall become a
lien on the real property upon which the commercial building(s) is
(are) located.