[Adopted 5-28-2015 by Ord. No. 2015-2]
As used in this article, the following terms shall have the
meanings indicated:
The Bergen County Utility Authority.
Any residential user consisting of four or more dwelling
units and commercial nongovernmental user whose water consumption
or use in any one calendar year shall be in excess of 100,000 gallons.
[Amended 8-1-2016 by Ord.
No. 2016-7]
Any user located outside of the boundary lines of the Borough
of Leonia who is connected to the Leonia trunkline and who discharges
wastewater into said trunkline, except that any contract user meeting
the definition of a "significant industrial user" shall be deemed
a significant industrial user.
Any user who owns real property within the Borough of Leonia
which is exempt from real property taxation.
Any nongovernmental industrial user whose water consumption
or use in any one calendar year exceeds 100,000 gallons.
Any commercial or industrial user whose flow exceeds 25,000
gallons per day, or its equivalent, of sanitary wastewater as defined
and measured pursuant to the rules and regulations adopted by the
Authority.
Any person, corporation, individual, society, firm or other
entity or association who is the owner of real property which is directly
or indirectly connected into the wastewater system of the Borough.
Includes all water used by a user, whether from a public
water supply or from a private well.
A.
No person shall discharge or allow to be discharged any waste or
wastewater into the Borough wastewater system except as provided and
allowed by the rules and regulations of the Authority, copies of which
are on file in the office of the Borough Clerk and which can be obtained
from the Authority.
B.
Except as otherwise provided herein, the Borough of Leonia hereby
adopts and enacts the rules and regulations of the Authority and the
user charge system and industrial cost recovery system contained in
said rules and regulations. The installation, operation and use of
all sanitary sewers and wastewater systems within the Borough of Leonia
shall be in compliance with said rules and regulations.
Users of the Borough wastewater system shall pay the following
charges:
A.
Significant industrial users: Significant industrial users shall
pay an annual charge to the Borough which is calculated in accordance
with Authority requirements, standards and criteria for said users,
based on flow, suspended solids and BOD, together with a percentage
of the Borough's annual cost for the operation, construction, repair
and maintenance of the Borough wastewater system, including engineering
costs, bond principal and interest and administration expenses, said
percentage to be derived by dividing the total annual water use of
the significant industrial user within the Borough of Leonia, less
a credit of 100,000 gallons, by the total annual water use of all
users within the Borough, excluding municipally owned facilities.
(1)
Each significant industrial user shall furnish the Borough of Leonia
with its total annual water consumption, both metered and unmetered,
for the preceding calendar year on or before March 1 of each year.
(2)
In the event of the failure of any significant industrial user to
provide the information required above or in the event that the information
provided is less than the total annual water consumption computed
or estimated by the Borough of Leonia for such significant industrial
user, the Borough of Leonia shall notify the significant industrial
user of the intent of the Borough of Leonia to utilize the total annual
consumption computed or estimated by the Borough of Leonia in calculating
the sewer user charge for such significant industrial user. In computing
or estimating said annual consumption, the Borough may measure the
flow into the sewer system, compute water consumption using United
Water Company statistics, estimate well water consumption, utilize
estimates prepared by the Authority or such other method designed
to accurately compute or estimate said annual consumption. Should
the significant industrial user contest the amount so computed or
calculated by the Borough of Leonia, it may appeal the decision of
the Borough to the appropriate court of law in accordance with the
rules governing such court.
B.
Commercial users and industrial users: Commercial users and industrial
users shall pay an annual charge computed by dividing the total annual
water usage of such commercial user or industrial user, less a credit
of 100,000 gallons, by the total annual water usage within the Borough
of Leonia, excluding municipally owned facilities, and by multiplying
the figure thus computed by the sum of the total annual charge to
the Borough of Leonia with respect to the treatment of wastewater
as calculated by the Bergen County Utilities Authority and the total
annual cost to the Borough of Leonia for the operation, construction,
repair and maintenance of the Borough's sewer system, including engineering
costs, bond principal and interest and administration expenses.
(1)
Each commercial user and industrial user shall furnish the Borough
of Leonia with its total annual water consumption, both metered and
unmetered, for the preceding calendar year on or before March 1 of
each year.
(2)
In the event of the failure of any commercial user or industrial
user to provide the information required above or in the event that
the information provided is less than the total water consumption
computed or estimated by the Borough of Leonia for such commercial
user or industrial user, the Borough of Leonia shall notify the exempt
user of the intent of the Borough of Leonia to utilize the total annual
consumption computed or estimated by the Borough of Leonia in calculating
the user charge for such commercial user or industrial user. In computing
or estimating said annual consumption, the Borough may measure the
flow into the sewer system, compute water consumption using United
Water Company statistics, estimate well water consumption, utilize
estimates prepared by the Authority or such other method designed
to accurately compute or estimate said annual consumption. Should
the commercial user or industrial user contest the amount so computed
or calculated by the Borough of Leonia, it may appeal the decision
of the Borough to the appropriate court of law in accordance with
the rules governing such court.
C.
Contract users: Contract users shall pay an annual charge to the
Borough which is determined in accordance with the terms and provisions
of the contract between the Borough and said contract user. Upon the
termination of any individual contract, said contract user shall be
required to pay an annual charge of $200 or an annual charge computed
for each such contract user in accordance with the formula specified
for commercial and industrial users.
D.
Other users: All other users other than exempt users shall be required
to pay an annual pro rata charge computed on an ad valorem basis in
relation to the assessed value of real property owned by the user
within the Borough of Leonia. Said charge shall be based upon a sum
represented by the total annual charge to the Borough of Leonia by
the Authority for wastewater discharge, together with the total annual
cost to the Borough of Leonia for the operation, construction, repair
and maintenance of the Borough wastewater system, including engineering
costs, bond principal and interest and administration expenses, less
the total of all charges paid to the Borough by significant industrial
users, commercial users, industrial users and contract users for wastewater
discharge. Annual charges payable by said other users shall be paid
in equal quarterly installments on the first days of February, May,
August and November of the year respecting which the charges are imposed
in the same manner and to the same Borough official to whom real property
taxes are paid.
A.
Any significant industrial user, commercial user or industrial user
who is the owner of real property within the Borough of Leonia on
which there is situate a privately owned water well and any contract
user who is the owner of property on which there is situate a privately
owned water well shall install and maintain a water meter on each
well to enable said user to furnish the Borough with accurate figures
as to water use. Such water meter shall be of a type and design approved
by the Borough Engineer and shall be installed by the user at the
user's cost and expense within 30 days after the date of this article.
B.
The Borough may also request any user who is the owner of real property
within the Borough on which there is situate a privately owned water
well to install a water meter on said well.
C.
Calculations under this article shall include water utilized by a
user from public water systems as well as private wells.
The Borough reserves the right to require any user to install
a wastewater meter of a type approved by and acceptable to the Authority
and to the Borough at the user's cost and expense.
[Amended 8-1-2016 by Ord.
No. 2016-7]
A.
All charges, other than those computed on the ad valorem basis, shall
be payable to the Borough of Leonia and shall be and remain a lien
upon the real property owned by any user. The Borough shall have the
same remedies for the collection thereof, with interest, costs and
penalties, as it has by law for the collection of real property taxes.
B.
All charges shall be due and payable annually on the first of June
of each year. Payments shall be made to the Borough Tax Collector.
C.
In the event that any user fails to pay any charge for a period of
30 days from the date said charge was to be paid, interest shall accrue
at the rate of 8% per annum on the first $1,500 of the deficiency
and 18% per annum on any amount in excess of $1,500, to be calculated
from the date the charge was payable until the date of actual payment.
D.
Sewer Collector.
[Added 5-20-2019 by Ord.
No. 2019-8]
(1)
Position established. The Mayor and Council of the Borough of Leonia
do hereby establish the position of Sewer Collector for the Borough
of Leonia.
(2)
Compensation. Compensation for such official shall be established
by the Mayor and Council at such time as this position shall be filled
and the appropriate salary ordinance is adopted.
(3)
Duties of the Sewer Collector. The Sewer Collector shall:
(a)
Request data from Suez.
(b)
Provide the information to the Borough Engineer, along with
the final billing sheet for the prior year.
(c)
Once the Borough Engineer establishes the rate (based on information
from the BCUA), apply the flow threshold to gallons used and come
up with a dollar amount per taxpayer.
(d)
Work with Munidex to input the billing figures on the municipal
system.
(e)
Once inputted in the system, confirm each of the flow amounts
and billing addresses.
(f)
Consolidate and total the Master Billing Sheet for a reconciliation
to the system.
(g)
Print and mail the sewer bills on or before June 1.
(h)
Maintain the Master Billing Sheet throughout the year, applying
all changes, corrections and appeals, as necessary.
Any violation of this article shall, upon conviction thereof,
be punished by a fine not to exceed $1,000 or by imprisonment in the
Bergen County Jail for a period not to exceed 90 days, or by both
fine and imprisonment, for each violation of the provisions of this
article. Each day the article is violated shall be deemed and taken
to be a separate violation.
The within article shall not be deemed to interfere with any
existing contractual arrangements between the Borough of Leonia and
any individual user.
[Added 8-1-2016 by Ord.
No. 2016-7]
Where there is a question as to the propriety and/or amount
of user charges imposed under this section, an appeal procedure is
hereby established:
A.
Users who wish to appeal a calculated user fee shall notify the Borough
Clerk, in writing, within 30 calendar days of receipt of the user
charge assessment.
B.
In order for any appeal to be considered by the Borough, the user
fees must be paid. Receipt of payment shall not be cause for denial
of appeal, nor shall it imply acceptance of said fee by the user.
C.
The matter will be referred to the Borough Engineer, who will provide
the Borough Clerk with a written determination of how the individual
user charge was calculated.
D.
The user shall provide any contrary data or documentation to support
such claim. The Borough Engineer shall consider the claims and data
provided by the user and make a reasonable determination, in writing,
to the Borough Clerk. If it is determined that the amount of the sewer
charge requires adjustment, proper credit reflecting the adjustment
will be applied to the subsequent user fees.
E.
In the event that a user is not satisfied with the determination
of the Borough Engineer as described above, the user may appeal said
matter directly to the governing body.
