[Adopted 12-28-1971 by Ord. No. 71-37 (Ch. 191, Part 2, of the 1992 Code)]
[1]
Editor's Note: The title of this part was amended 7-20-2010
by Ord. No. 2010-40.
[1]
Editor's Note: The title of this article was amended 4-12-2005
by Ord. No. 2005-8; 7-20-2010 by Ord. No. 2010-40.
[Amended 6-20-1995 by Ord. No. 95-5; 7-20-2010 by Ord. No. 2010-40; 8-2-2011 by Ord. No. 2011-26]
The purpose of this Part 2 is to impose an annual user fee,
as hereinafter defined, on all users of the sanitary sewer system
of the Township of Cranford, with the exception of the municipal government
properties and the Board of Education properties. "User fee" is defined
as a fee levied upon all users of the sanitary sewer system for the
annual cost of operation and maintenance of the Cranford Township
sanitary sewer system.
[Added 8-2-2011 by Ord.
No. 2011-26; amended 3-27-2012 by Ord. No. 2012-07; 3-25-2014 by Ord. No. 2014-05]
The following classes of users are hereby established:
A.
Users of 75,000 gallons per year or less;
B.
Users of 75,001 to 200,000 gallons per year;
C.
Users of 200,001 to 300,000 gallons per year;
D.
Users of 300,001 to 500,000 gallons per year;
E.
Users of 500,001 to 10,000,000 gallons per year or more; and
F.
Users of 10,000,000 gallons per year or more.
[Added 6-20-1995 by Ord.
No. 95-5; amended 4-12-2005 by Ord. No. 2005-8; 7-20-2010 by Ord. No. 2010-40; 8-2-2011 by Ord. No. 2011-26]
As used in this article, the following terms shall have the
meanings indicated:
Gallons per year.
An entity receiving a tax bill from the Township of Cranford
that does not otherwise meter domestic water usage.
Two or more residential dwelling units on a single water
meter.
[Added 7-20-2010 by Ord.
No. 2010-40; amended 8-2-2011 by Ord. No. 2011-26]
A.
Fees established.
[Amended 3-27-2012 by Ord. No. 2012-07; 3-25-2014 by Ord. No. 2014-05]
(1)
Zero to 75,000 gallons per year: $140; exceeds 25,000 gallons: $140
plus $0.0015 per gallon over 25,000 gallons.
(2)
Seventy-five thousand one to 200,000 gallons per year: $215; exceeds
75,001 gallons: $215 plus $0.00172 per gallon over 75,001 gallons.
(3)
Two hundred thousand one to 300,000 gallons per year: $430; exceeds
200,001 gallons: $430 plus $0.00670 per gallon over 200,001 gallons.
(4)
Three hundred thousand one to 500,000 gallons per year: $1,100; exceeds
300,001 gallons: $1,100 plus $0.01 per gallon over 300,001 gallons.
(5)
Five hundred thousand one to 10,000,000 gallons per year: $3,100;
exceeds 500,001 gallons: $3,100 plus $0.0133 per gallon over 500,001
gallons.
(6)
Over 10,000,001 gallons per year: $129,450 plus $0.017 per gallon
over 10,000,001 gallons.
B.
Miscellaneous unmetered.
(1)
Users for which the Township has not received meter data from applicable
water purveyors, including wells, shall have their usage requirements
estimated by the Township's Engineer. The Engineer's estimate will
be prepared in accordance with generally accepted engineering standards,
including but not necessarily limited to the following:
(a)
N.J.A.C. 7:14A-23.3, Treatment Works Approvals.
(b)
ASCE/WPCF Manual of Practice Design and Construction of Storm
and Sanitary Sewers.
(c)
International Building Code, New Jersey Edition.
(d)
International Plumbing Code.
(e)
National Standard Plumbing Code.
(f)
Residential Site Improvement Standards, N.J.A.C. 5:21.
(2)
All such users will be required to complete an informational form
distributed by the Township on an annual basis representing data on
the number and type of sewer users. Such information may include the
number and age of occupants, the number and type of fixtures, the
number of bedrooms, gross floor area, the number of employees, the
number of service bays, etc., as may be necessary for the utility
engineer to estimate water usage and classification. Failure to submit
an annual informational form or the falsification of the same shall
subject the owner to a minimum penalty of $500 in addition to a minimum
fee of $500.
(3)
In the event that an unmetered facility owner disagrees with the
estimate of the Township Engineer, he or she may appeal the estimate
in the manner provided elsewhere herein. Further, the owner may elect
to have a meter installed on the property to accurately assess usage.
C.
Multifamily residential. A flow charge of $140 per unit shall be
charged to all multifamily residential units.
[Amended 3-27-2012 by Ord. No. 2012-07; 3-25-2014 by Ord. No. 2014-05]
D.
Users shall be billed by the Township under the criteria set forth
herein.
[Added 7-20-2010 by Ord.
No. 2010-40; amended 8-2-2011 by Ord. No. 2011-26]
A.
Appeals. All requests for appeals shall be received by the Finance
Office of the Township on or before May 1 of every year or the appeal
shall be deemed denied by the Township.
B.
Calculation of user fees. The Township will assess user fees based
on the bills submitted by the water purveyor dated November through
April of the year prior to the year of the sewer bill. Said amounts
shall be multiplied by two to achieve an annualized flow estimate.
This effectively eliminates the usage of water during the early spring,
summer, and early fall seasons when water is heavily used.
[Amended 3-27-2012 by Ord. No. 2012-07; 3-25-2014 by Ord. No. 2014-05; 3-10-2020 by Ord. No. 2020-03]
C.
Billing of user fees. Residential users shall be billed annually
by invoice mailed on or before April 1 and due on May 1 of each year.
Commercial users shall be billed semiannually by invoice due on May
1 and August 1 of each year.. The Township Tax Collector is hereby
designated as the collector of user fees herein.
[Amended 3-27-2012 by Ord. No. 2012-07; 3-25-2014 by Ord. No. 2014-05; 3-10-2020 by Ord. No. 2020-03]
D.
Late payments. Users will be subject to the payment of interest of
1.5% per month and penalties for payments received after the due date.
Delinquent charges shall be collected and enforced in the same manner
as taxes, including that the unpaid balance and all interest accruing
therein shall be a lien on the subject real property and enforced
in the same manner and extent as other delinquent taxes.
E.
Rebates. Senior citizens eligible for the senior citizen deductions
on their municipal property taxes and/or permanently and totally disabled
persons and who qualify for a senior citizen or disabled person tax
deduction pursuant to the provisions of N.J.S.A. 54:4-8.44 and N.J.S.A.
54:4-8.40 et seq., shall receive a deduction of $100 from their sewer
bills.
[Amended 3-27-2012 by Ord. No. 2012-07; 3-25-2014 by Ord. No. 2014-05; 3-10-2020 by Ord. No. 2020-03]
A.
Discharge condition.
[Amended 6-20-1995 by Ord. No. 95-5]
(1)
No industrial liquid waste shall be discharged into the sanitary
sewer system of the Township unless it is amenable to secondary or
biological treatment processes. No toxic materials or wastes containing
explosive or flammable substances which would be detrimental to the
collection system, including pumping stations and all treatment plant
facilities and equipment or treatment processes, shall be permitted
to be discharged into the collection system.
B.
Submission of analysis. Every industrial user proposing to connect
with the Township sewer system and to discharge industrial waste into
the same shall submit a complete chemical analysis of the waste, including
biochemical oxygen demand (BOD), chemical oxygen demand (COD), suspended
solids, chlorine demand, phosphates, nitrates and other waste characteristics
required by the regulatory agencies and the New Jersey Department
of Environmental Protection.
[Amended 6-20-1995 by Ord. No. 95-5]
C.
Treatment costs; factors. Every nonresidential user connected to
the Township's sanitary sewer system and discharging domestic sanitary
waste and/or industrial waste, except the Cranford Board of Education,
shall pay a quarterly charge to the Township for each quarter in which
its sewage discharge is equal to or exceeds 100,000 gallons to cover
the cost of treatment of said waste. Sewage discharge shall be calculated
based upon metered water records.
[Amended 6-20-1995 by Ord. No. 95-5; 5-11-2004 by Ord. No. 2004-19; 4-12-2005 by Ord. No. 2005-8; 5-23-2006 by Ord. No. 2006-13]
(1)
Every nonresidential user, other than schools operated by the Cranford
Board of Education, connected to the Township's sanitary sewer system
and discharging domestic sanitary waste and/or industrial waste shall
pay a quarterly sewer charge to the Township for the treatment of
solid waste. Sewage discharge shall be calculated based upon metered
water records.
(2)
Payment for all nonresidential waste shall be based upon waste flow.
(3)
In the event that the Township Engineer shall determine that the
calculation of the user charge on the basis of metered water does
not fairly reflect the amount of sewage discharged into the sanitary
sewerage system, either because it discharges into the system from
sources other than metered water or because of elimination from the
system of metered water that is disposed of elsewhere, including filling
of pools or lawn watering, the method of calculating the user charge
may be adjusted by the Township Engineer.
D.
Additional charges. The Township reserves the right to include additional
charges for industrial waste characteristics as may be imposed by
the Sewerage Authority to the Township or to modify the rates based
upon actual cost to the Township.
[Amended 6-20-1995 by Ord. No. 95-5]
E.
Rate schedule. The rate schedule for nonresidential sewer use shall
be fixed by ordinance from time to time and shall remain in effect
until such time as a new rate schedule shall be enacted.
[Amended 1-27-1976 by Ord. No. 76-2; 3-8-1977 by Ord. No. 77-7; 6-20-1995 by Ord. No. 95-5; 4-12-2005 by Ord. No. 2005-8; 5-23-2006 by Ord. No. 2006-13]
F.
Periodic sampling and testing. The Township may undertake periodic
sampling and testing of the waste to determine both volume and strength
or waste characteristics. The owner shall reimburse the Township for
all costs of sampling and testing.
[Amended 4-12-2005 by Ord. No. 2005-8]
G.
Meters. The volume of sewage and/or industrial waste from each industrial
establishment may be determined by meters paid for and installed and
maintained by the owner, actual water meter records and/or private
well meter records combined with municipal water records or from estimates
or measurements made by the Township consulting engineer.
H.
Characteristics determined.
(1)
The characteristics of the industrial waste shall be determined from
actual samplings or other approved means and shall be based upon analyses
made in accordance with the procedures outlined in the latest edition
of Standard Methods for the Examination of Water and Wastewater, published
by the American Public Health Association. The Township may require
the installation of automatic samplers at the cost of the owner to
obtain representative samples during a calendar quarter or as may
be required.[1]
(2)
Additional classifications of waste characteristics or modifications
of the rate schedule may be established by the Township from time
to time as deemed necessary.
I.
Acceptance of wastes; agreements. The Township will accept industrial
wastes into the sanitary sewerage system upon execution of a formal,
written agreement and under and subject to the provisions appearing
in said agreement and the rules, regulations and rates stated herein.
The agreement will set out in detail the characteristics of the wastes,
the flow conditions which shall govern and the conditions with respect
to the physical connection or connections. It will be the policy of
the Township to consider each application on its own merits and to
establish specific conditions applicable to the particular situation
for each agreement. No connection shall be made prior to execution
of the agreement.
J.
Connection approval conditions. Prior to approving an application
for a connection involving the acceptance of industrial liquid wastes,
the applicant shall submit complete data with respect to the following:
(1)
Average, maximum and minimum rates of flow to be expected daily and
seasonally.
(2)
Flow diagram, showing points of applications of chemicals, type and
quantity of each chemical used per day and per shift, a schedule of
operations, expected chemical characteristics of the untreated wastes
and the point or points of connection to the sewerage system. The
normal situation will require the separation of and separate points
of connection for domestic sewage and industrial wastes from each
industrial establishment.
(3)
Chemical analyses and waste characteristics of liquid industrial
waste to be discharged into system.
K.
The sewer charge shall be payable by the owner of the real property
from which the sewage is generated. Bills shall be rendered quarterly
and shall be payable within 30 days of the billing date. Any bill
not paid within 30 days shall draw the same interest from the time
it becomes due as taxes upon real estate in the Township. There shall
be a lien upon the premises until paid, and 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 taxes upon real
estate.
[Added 5-11-2004 by Ord.
No. 2004-19]
Wastes containing the following substances or possessing the
characteristics listed below will not be accepted:
A.
Any vapors or steam.
B.
Any fluids with temperature in excess of 150° F.
C.
Any fluid wastes which contain in excess of 100 parts per million
of fat, oil, or grease, either vegetable or mineral.
D.
Any volatile, explosive or flammable substances such as benzene,
gasoline, naphtha, fuel oil or similar substances.
E.
Any solids or viscous matter which may contain any ashes, cinders,
sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, paunch, hair or similar substances.
F.
Any fluid wastes having a pH value less than 5.5 or in excess of
9.0 or possessing other properties capable of causing damage or hazard
to sewers, structures, treatment processes, equipment or operating
personnel.
G.
Any wastes containing toxic or poisonous substances in sufficient
concentration to interfere with the sewage treatment process or cause
injury to animals or persons or create an unacceptable condition in
the receiving streams.
H.
Any noxious or malodorous gas or substance which causes a public
nuisance.
A.
The Township reserves the right to require preliminary treatment
where the chemical characteristics of the proposed industrial wastes,
in the opinion of the Township or in the opinion of the State Department
of Environmental Protection or the local Board of Health, make such
preliminary treatment desirable or mandatory. Some of the characteristics
which may dictate preliminary treatment are listed below:
(1)
A five-day BOD in excess of 350 milligrams per liter.
(2)
Suspended solids in excess of 350 milligrams per liter.
(3)
The presence of arsenic, barium, cadmium, chloride, copper, cyanide,
fluoride, iron, lead, magnesium, manganese, nickel, nitrate, selenium,
sulfate, zinc or pH values outside the acceptable limits.
(4)
A pH below or above the allowable limits.
(5)
A chlorine demand in excess of 30 milligrams per liter.
B.
In such instances where it is agreed that the industrial waste will
be received following preliminary treatment, drawings and specifications
shall be submitted for approval, showing all pertinent details of
the construction proposed to accomplish the preliminary treatment,
to include details of the indicator-record-register type of fluid
meter and housing to be used to meter the flow of industrial wastes,
and also details of the control manhole to be constructed on the industrial
waste connection within the sidewalk area. The control manhole shall
be provided with adequate access manhole covers of approved type,
through which access shall be possible to the Township personnel at
all times. Drawings, specifications, reports, etc., shall be submitted
in quadruplicate and shall be prepared by a registered professional
engineer.
C.
Where preliminary treatment facilities are required, they shall be
provided and continuously maintained in an effectively operating condition
at all times, at the expense of the owner.
D.
Each owner connected shall be responsible for maintaining a quality
of effluent from his premises which conforms to the provisions established
in his agreement with the Township. Sampling and analysis shall be
done to conform to accepted practice and in accordance with the current
edition of Standard Methods for the Examination of Water and Wastewater,
published by the American Public Health Association.[1]
E.
The cost of preparing and submitting this data for consideration
by the Township shall be borne by the industry; likewise, the cost
of sampling and analysis to determine compliance with the terms of
the agreement shall be borne by the owner, although conducted by the
Township or its duly authorized representative.
Industries permitted to connect to Township sewers, even though
not initially required to provide preliminary treatment, may be required
to provide a control manhole and/or meter, as described above.
A.
Where the owner provides its own water supply entirely separate from
that supplied by the Township or provides from its own sources a portion
of the water consumed on the premises which eventually finds its way
into the sewerage system of the Township, all aforementioned provisions
will apply. This does not relieve the owner from the requirement to
furnish, install and maintain a meter of the indicator-register-record
type to measure the discharge of industrial wastes as provided herein.
All costs of furnishing, installing and maintaining the industrial
waste flow meter will be borne by the owner.
B.
The Township representative shall have access at reasonable times
to industrial establishments and to any meters used to determine waste
volumes discharged into the sewer system or excluded from the sewer
system.
Under no circumstances will any of the following be connected
to the sanitary sewers, directly or indirectly:
A.
Floor drain, area drain or yard drain.
B.
Rain conductor or downspout.
C.
Grease pit.
D.
Air-conditioning equipment.
E.
Stormwater inlets or catch basins.
F.
Drains from pieces of equipment or manufacturing processes, except
when specifically authorized under the provisions of these rules and
regulations.
A separate connection shall be provided for domestic sewage
and the waste shall not be commingled with the industrial waste within
the plant. The Township shall determine the equivalent household connections
from the discharge of domestic sewage from each industrial plant.
This shall be determined by dividing the average daily domestic sewage
flow by 300 gallons per day, the latter representing the average household
domestic sewage discharge. The annual rate for discharge of domestic
sewage into the Township sewer system shall be computed by multiplying
the number of equivalent units, as determined by the formula above,
times the annual sewer charge applied to each household unit.
A.
The rates and charges fixed by the Township shall be in lieu of and
in substitution for any other sewer charges heretofore made by any
other agency for such quarter or any succeeding period.
B.
Bills for said charges and rents shall be rendered to the owner of
each premises quarterly in advance as soon as may be practicable after
the beginning of each quarter and may be rendered with the tax bills
covering real estate, and said charges and rents shall become due
and payable as herein prescribed.
C.
Said charges and rents shall draw interest and be a lien upon the
premises until paid, and the Township shall have and exercise the
remedies for the collection thereof with interest, costs and penalties
provided in N.J.S.A. 40A:26A-12 and as it has by law for the collection
of taxes upon real estate.[1]
A.
Each owner of premises located on streets in which sewers are available
shall connect all sewerage facilities on said premises to the sewer
system immediately upon such sewerage facilities becoming available
and use said sewerage facilities at all times for sewage disposal
therefrom.
B.
No alteration or repair to any part of the sewer system or any connection
thereto shall be made except by duly authorized representatives or
employees of the Township without application for such having been
made to the Township and approved and upon compliance with the rules
and regulations of the Township relating thereto.
C.
No cesspool, privy vault, subsoil or cellar drains, or rainwater
or surface drains shall be connected with the sewer system or any
part thereof. Only the sewerage system of the premises shall be so
connected.
[Amended 6-24-1992 by Ord. No. 92-19[1]]
Any person, firm or corporation who or which shall fail to comply with or violate the provisions of this Part 2 shall, upon conviction, be punished as provided in Chapter 1, Article I, of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
