[Ord. No. 17-79, § 1;[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 =
$0.17
x
Borough unit costs
in year of revision
Borough unit costs in 1977
Wherein, Borough unit costs are defined as shown by the following calculations for 1977:
 
 
 
1977 Sewer Department salaries,
wages and other costs
1977 total sewer flow
=
$36,100.00
290,413 thousand gallons
=
$0.124 per thousand gallons
(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.
[1]
Editor's Note: Original Section 2 of this ordinance provided that "as herein provided in Section 1 above, all provisions of Chapter 18A, Sewers, of the Revised Ordinance of the Borough of Morris Plains, New Jersey, 1972, shall apply to commercial buildings located on real properties lying outside the Borough of Morris Plains, New Jersey. In the event of any inconsistency between Chapter 18A, Sewers, generally, and the provisions of this Article 18 of said Chapter, then and in that event, the specific provisions of Article 18 shall govern as regards commercial buildings on real properties lying outside the boundaries of the Borough of Morris Plains."