[Adopted 12-13-1977 by Ord. No. MC 2517 (Ch. 161, Art. I, of the 1981
Revised Code)]
"Joint Meeting" shall mean the municipalities of the City of
East Orange, the Township of Hillside, the Town of Irvington, the
Township of Maplewood, the Township of Millburn, the City of Newark,
the Borough of Roselle Park, the Village of South Orange, the City
of Summit, the Township of Union and the Town of West Orange, organized
in Joint Meeting pursuant to N.J.S.A. 40:63-68 et seq., under the
terms of a contract dated June 1, 1926, as amended and supplemented,
in the matter of a joint trunk and outlet sewer and treatment plant
for the sewage wastewater emanating from said municipalities.
The purpose of this article is to impose an annual user charge,
as hereinafter defined, on all domestic, commercial, industrial, institutional
and governmental users of the sewer system of the Town of Irvington,
New Jersey, which sewage, contributed thereto and flowing therein,
is collected and treated by said Joint Meeting.
As used in this article, the following terms shall have the
meanings indicated:
The charge levied upon all users of the treatment works for
the annual cost of operation and maintenance, including replacements,
of such trunk lines and such works, all as defined in the federal
rules and regulations.
A.
All residential, commercial, industrial, institutional and governmental
users shall be charged at a uniform rate per dwelling unit for domestic
waste contributed to said system. In the case of commercial, industrial
or multifamily residential units, the charge shall be based upon equivalent
dwelling units.
B.
The user charges shall be based upon the table promulgated by the
Joint Meeting of Essex and Union Counties, a copy of which table is
attached hereto and made a part hereof.[1]
[Amended 8-14-1979 by Ord. No. MC 2575]
|
Joint Meeting of Essex and Union Counties
Schedule of "Dwelling Units"
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|---|---|---|---|---|
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Type of Establishment
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Measurement Unit
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Condition Constituting One Equivalent Dwelling Unit
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Private dwelling
|
Person*
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3.5 people (fixed)
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|
Apartment buildings
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Apartment
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1 apartment
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|
Transient dwelling units
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Hotels
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Bedroom
|
4 bedrooms
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Lodging houses and tourist homes
|
Bedroom
|
5 bedrooms
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|
Motels and tourist cabins
|
Bedroom
|
5 bedrooms
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|
Boardinghouses (resident)
|
Bedroom
|
7 bedrooms
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Camps
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Trailer camps (private bath)
|
Person*
|
4 people
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|
Children's camps (central bath, etc.)
|
Person*
|
7 people
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|
Day camps, no meals
|
Person*
|
20 people
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|
Restaurants (including washrooms)
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|
Average type
|
Seats
|
20 seats
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Bar and cocktail lounges
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Seats
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70 seats
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Short-order or drive-in service
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Patron*
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70 patrons
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Clubhouses
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|
Residential type
|
Person*
|
4 people
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Nonresidential (serving meals)
|
Person*
|
10 people
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|
Institutions
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Hospitals
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Person or beds
|
2 people or beds
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Other institutions
|
Person or beds
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3 people or beds
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Schools
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Elementary (no shower or cafeteria)
|
Person*
|
35 people
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With cafeteria
|
Person*
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25 people
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With cafeteria and showers
|
Person*
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20 people
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With cafeteria, showers and laboratories
|
Person*
|
15 people
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Boarding
|
Person*
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5 people
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Automobile service stations
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No car washing
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Car served (average number)
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70 cars served
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Car washing
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Car washed (average number)
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4 cars washed
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Miscellaneous
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Stores, shopping centers and office buildings
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Square foot
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2,800 square feet
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Factories (8-hour shift)
|
Person*
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14 people
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|
Self-service laundries
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Wash (average number)
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7 washes
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Bowling alleys
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Alley
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2 alleys
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Swimming pools and beaches
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Person*
|
25 people
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Picnic parks (with flush toilets)
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Person*
|
35 people
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Fairgrounds (based upon average attendance)
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Person*
|
70 people
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Assembly halls
|
Seat
|
70 seats
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Airports (based on passenger use)
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Passenger*
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115 passengers
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Churches
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Seat
|
120 seats
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Theater (indoor)
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Seat
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70 seats
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Theater (drive-in with food stand)
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Car
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70 cars
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|
*
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Any measurement unit designated as "person" should be interpreted
on a design or average number basis.
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C.
"Domestic use or waste" is hereby defined to be domestic wastewater
from sanitary conveniences.
D.
Industrial waste.
(1)
User charges for industrial waste shall be charged industrial waste
contributors who discharge industrial waste into the system. User
charges for industrial waste shall be based upon the flow, suspended
solids and biochemical oxygen demand of the waste as determined by
the Joint Meeting. Sampling and measurement shall be accomplished
by each industrial discharger at its own expense and the results thereof
shall be monitored by the Joint Meeting staff. Where deemed necessary
by the Joint Meeting, permanent measurement and sampling facilities
shall be installed by the industrial user at its own expense.
(2)
The rate of charges shall be determined annually by resolution of
the Joint Meeting. For the first year of operation of the secondary
treatment facilities, the Joint Meeting shall make an estimate of
the rate of charges based upon the results of an industrial cost recovery/heavy
metals survey and shall embody the estimated first year of operation
charges in a resolution to be adopted.
(3)
User charges for industrial waste shall be assessed only where sampling
and testing show that industrial waste from a particular industrial
waste contributor exceeds 2,000 gallons per day or where the suspended
solids contribution exceeds 50 pounds per day or where the biochemical
oxygen demand contribution exceeds 50 pounds per day.
F.
"Industrial waste" is hereby defined to be nondomestic wastewater
flow resulting from industrial processing and manufacturing and including
cooling water discharge.
G.
Where an industry has both domestic wastes and industrial wastes and said wastes are comingled and so discharged into the sewer system, the industrial waste charge as set forth in Subsection D(1) shall apply. Any industry may, at its option and at its own cost and expense, separate its industrial waste from its domestic waste and provide separate connections to the municipal sewer system for each such type of waste. If an industry exercises this option of separation of wastes as herein set forth, the schedule of dwelling units as provided for in Subsection B herein shall be applicable to its domestic waste flow, and the rates set forth in Subsection D(1) shall be applicable to its industrial waste flow and use.
H.
User charges shall be determined annually by resolution of the Joint
Meeting and shall be based upon actual usage for the preceding year.
However, for the first year of operation of the joint trunk sewer
system, said user charges shall be based upon an estimate of the cost
of operation thereof and shall be set forth in a resolution to be
adopted by the Joint Meeting.
A.
All charges established and provided for herein shall be assessed
against the owners of the property from which sewage or wastewater
emanates, respectively, and shall be collected annually by the Township
of Irvington, New Jersey, and shall be paid by the user on or before
March 1, except for such other date as may be established by resolution.
The bills shall be accompanied by an explanation of the charges.
[Amended 8-14-1979 by Ord. No. MC 2575; 12-26-1996 by Ord. No. MC 3054; 3-9-1999 by Ord. No. MC 3109]
B.
Such charges shall draw the same interest from the time they become
due as taxes upon real estate in the municipality and shall be a lien
upon the premises until paid, and the municipality shall have the
same remedies for the collection thereof, with interest, costs and
penalties as it has by law for the collection of taxes upon real estate.
C.
All sums collected under the terms of this article shall be applied by the Town of Irvington, New Jersey, for reimbursement of such sums advanced by it to the Joint Meeting as the result of estimates made and assessments levied by said Joint Meeting for the cost of operation and maintenance of the joint trunk sewer and treatment works, including appurtenances, as set forth in § 499-8 hereof.
For the purpose of determining said user charges, the number
and classification of all users of said sewage system shall be made
by the Town of Irvington, New Jersey. Said determination shall be
subject to audit, review and redetermination by the Joint Meeting.
The user charge referred to herein shall be due and payable
from and after the first day of January following the completion of
the secondary treatment facilities by the Joint Meeting.
Notwithstanding the provisions of this article and the Federal
Water Pollution Act of 1972[1] requiring the imposition of user charges as defined herein,
as set forth in said Act, and as provided for in the rules and regulations
of the EPA, and without intending to interfere with or contravene
the provisions and requirements of the imposition of said user charges
as herein and therein defined, it is the express intention of the
Town of Irvington, New Jersey, to adhere to and comply with the provisions
of N.J.S.A. 40:63-116 providing for "annual expenses; estimated and
apportioned; additional expenses if necessary," in order that the
Joint Meeting may thereby by enabled to continue and perform its normal
functions.
[1]
Editor's Note: See 33 U.S.C. § 1251.
