Borough of Bogota, NJ
Bergen County
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Table of Contents
Table of Contents
The Borough of Bogota has a contract with the Bergen County Sewer Authority providing for and relating to the treatment and disposal of sewage and the cost and expense of such treatment and disposal, adopted on August 9, 1956, as amended.
[Ord. #810]
The Federal Government has enacted and amended the Federal Water Pollution Control Act, now known as the Federal Clean Water Act (33 U.S.C. § 1150 et seq.); and the Bergen County Utilities Authority has enacted rules and regulations, as required by the Federal Clean Water Act incorporating an industrial cost recovery system, a user charge system, and regulations pertaining to the use of sanitary sewers; and the Borough of Bogota is within the district serviced by the Bergen County Utilities Authority and has contracted with the Bergen County Utilities Authority for the removal and treatment of the wastewater contained within the sanitary sewers of the Borough of Bogota; and the Borough of Bogota desires to assure that the sanitary sewers operated and maintained by it will conform to the best sanitary engineering practices and comply with the requirements of the Federal Clean Water Act.
[Ord. #810]
The use of all sanitary sewers of the borough shall be in compliance with the rules and regulations enacted by the Bergen County Utilities Authority.
[Ord. #810]
The borough hereby adopted and enacts the user charge system and industrial cost recovery system contained in the rules and regulations of the Bergen County Utilities Authority, and authorize their immediate implementation by the appropriate municipal official, to be designated by resolution of the governing body.
[Ord. #810]
a. 
Not fewer than three (3) copies of the rules and regulations of the Bergen County Utilities Authority have been and are filed in the office of the borough clerk and are available for public inspection during normal business hours.
b. 
Copies of the rules and regulations of the Bergen county Utilities Authority can be obtained from the Bergen County Utilities Authority for the cost of publication.
[Ord. #1394]
The use of all sanitary sewers in the Borough of Bogota shall be in compliance with the rules and regulations of the Bergen County Utilities Authority (BCUA).
[Ord. #1394]
The Borough of Bogota does hereby adopt and enact an excess usage charge system for the use of the sanitary sewers in the Borough of Bogota. All users, except 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 Bogota. In addition, an annual excess usage charge shall be computed on the previous calendar year's water usage, as reported by the appropriate water purveyor, and the BCUA's current calendar year's equivalent rate per gallon of flow and shall be billed in accordance with the procedures as set forth in subsection 10-2.9.
[Ord. #1394]
a. 
Except as otherwise set forth herein, all users whose water usage for the prior year was less than or equal to one hundred seventy thousand (170,000) gallons shall be exempt from the excess usage charge.
b. 
Except as otherwise set forth herein concerning apartments, the water usage threshold for each water meter shall be one hundred seventy thousand (170,000) gallons, regardless of the number of tenants, businesses or occupants occupying such real property where the meter is located.
c. 
Notwithstanding anything in this chapter to the contrary, the water usage threshold for each water meter servicing apartment buildings shall be calculated by multiplying one hundred ten thousand five hundred (110,500) gallons times the number of dwelling units in the apartment building being serviced by such water meter. By way of example, the water usage threshold for imposition of the excess usage charge for a water meter servicing an apartment building with four (4) dwelling units would be four hundred forty-two thousand (442,000) gallons, calculated as follows:
4 apartments
x
110,500 gallons
=
442,000 gallons
(dwelling units)
x
(gallons per dwelling unit)
=
(threshold for excess usage charge)
d. 
Calculations under this section shall include water utilized by a user from public water systems as well as private wells.
[Ord. #1394]
a. 
The annual excess sewer usage charges for all users are calculated based on the following formula:
Annual Excess Sewer User Charge = (Vu — Vc) x Re
Where:
Vu =
Previous calendar year's water usage per meter (in Gallons)
Vc =
Water usage threshold per meter (in Gallons) as calculated under subsection 10-2.3.
Re =
Current year Annual BCUA Equivalent Rate per Gallon calculated as follows:
Commercial User
Re =
[Rf + (1.5 x Rbod x Cbod x 8.34) + (1.5 x Rtss x Ctss x 8.34)]/1,000,000
Industrial User
Re =
[Rf + (2.0 x Rbod x Cbod x 8.34) + (2.0 x Rtss x Ctss x 8.34)]/1,000,000
All Other Users (Residential, Apartments, Townhouses, Condominiums, etc.)
Re =
[Rf + (1.0 x Rbod x Cbod x 8.34) + (1.0 x Rtss x Ctss x 8.34)]/1,000,000
Where:
Rf =
Current year annual BCUA Flow Rate for treatment of a unit of wastewater flow (Rate/Million Gallons)
Rbod =
Current year annual BCUA BOD Rate for treatment of a unit of BOD (Rate/1,000 lbs)
Cbod =
Average BCUA Municipal BOD concentration in milligrams per liter
Rtss =
Current year annual BCUA TSS Rate for treatment of a unit of TSS (Rate/1,000 lbs)
Ctss =
Average BCUA Municipal TSS concentration in milligrams per liter
b. 
The annual excess sewer user charge shall be billed to the owner of such real property where each water meter is located.
[Ord. #1394]
The following users are exempt from the excess usage charge provided herein:
a. 
The Borough of Bogota.
b. 
Water meters exempted under subsection 10-2.7.
c. 
Any users whose annual bill as calculated under this section is fifty ($50.00) dollars or less in a given calendar year.
d. 
All property owned by the Federal, State, County or local government.
e. 
Nonprofits.
f. 
The Bogota Board of Education.
[Ord. #1394]
All privately owned water wells which are connected to water systems eventually discharging into the sanitary sewers of the Borough of Bogota shall be subject to the following provisions:
a. 
The owners of wells existing as of the date of adoption of this section (March 17, 2011) shall notify the Municipal Clerk of the Borough of Bogota, in writing, of the existence and location of such wells within thirty (30) days after the date of passage of this section.
b. 
The owners of wells constructed or completed after the adoption of this section (March 17, 2011) shall notify the Municipal Clerk of the Borough of Bogota, in writing, of the existence and location of such wells within thirty (30) days of the first usage of such well.
c. 
The Borough Engineer of the Borough of Bogota may inspect such well to determine the usage thereof. If, in the opinion of the borough engineer, such well's actual water production, together with the other water usage of the owner thereof, exceeds one hundred seventy thousand (170,000) gallons of water per year, the borough engineer shall submit his opinion, in writing, to the Mayor and Council of the Borough of Bogota. After receiving such opinion the borough council may require the owner of such well to install and maintain a water meter thereon, at the owner's expense, by adoption of a resolution.
d. 
If a water meter is required by resolution as provided in paragraph c above, the owner must install such meter within sixty (60) days of adoption thereof. If the owner shall fail to do so, the Borough Council of the Borough of Bogota may, by resolution, provide for the installation of such meter and add the cost thereof to the excess charge levied under this section.
[Ord. #1394]
Water meters certified in writing from the appropriate water purveyor as used solely for the purpose of metering water usage of irrigation systems shall be exempt from the excess usage calculation under subsection 10-2.3. Such certification must identify the separate account number assigned to the meter, meter location, property owner's name and billing address. Exempt meters under this provision must be recertified annually to the borough. The cost of certifying exempt water meters will be the responsibility of the respective property owner.
[Ord. #1394]
Before any sewer shall be permitted to flow into any sanitary sewer of the Borough of Bogota, the plumbing subcode official shall first determine that such sewer and associated drains function properly, in accordance with all applicable rules, regulations and ordinances of the Borough of Bogota.
[Ord. #1394]
Billing for the excess usage charge imposed by subsection 10-2.4 shall be in accordance with the following procedures:
a. 
In March of each year, the chief financial officer shall attend to the preparation of bills computed on the previous calendar year's usage and the current calendar year's flow charge rate.
b. 
Bills shall be mailed by the Municipal Tax Collector of the Borough of Bogota to the owners of all properties incurring excess usage charges annually, on or about April 1 of each year.
c. 
Bills are due and payable to the Borough of Bogota on June 1 of each year. If such charges are not paid in full as of that date, the unpaid charges shall be deemed delinquent from such date and such unpaid charges shall become a lien upon the properties incurring them as of that date.
d. 
All excess usage charges which become delinquent under the provisions of paragraph c above shall bear interest and penalties from the date of delinquency at the same rate as all charges for general taxation and shall be collected and enforced in the same manner as general taxation.
e. 
No charge levied by subsection 10-2.4 shall be invalid by reason of error or omission in stating the name of the owner or owners of the property affected by such charge if such property or properties have actually incurred such charges.
f. 
No charge levied by subsection 10-2.4 shall be invalid by reason of the failure of a property owner to receive a bill. Every owner is hereby put on notice to ascertain from the Borough of Bogota the amount which may become due for such charges.
[Ord. #1394]
Not fewer than three (3) copies of the rules and regulations of the BCUA shall be on file with the office of the Municipal Clerk of the Borough of Bogota for public inspection during the borough's business hours. In addition, copies of such rules and regulations are available from the BCUA for the costs of publication thereof.
[Ord. #1394]
The Mayor and Clerk of the Borough of Bogota are hereby authorized to act as signatories upon, and to execute on behalf of the Borough of Bogota, any amendment of the existing service agreement with the BCUA which embodies the intent and purpose of this section.
[Ord. No. #1438]
a. 
Where there are no sewer connections already made to the curbline from the sewer, there is hereby imposed on the property owner the following sewer connection fees for each additional connection to the existing sewerage system of the Borough of Bogota for such connections from the line of the sewer to the inside of the curbline or proposed curbline made subsequent to the enactment of this section.
1. 
Four-inch connection: $500.00.
2. 
Six-inch connection: $550.00.
3. 
Eight-inch connection: $650.00.
b. 
Such charge shall be paid to the Borough of Bogota at the time application is made for the connection to the sewer system.
c. 
In addition to those charges, rates and fees, set forth within this section, there shall be charged a sewer hookup fee for each additional connection to the existing sewer system of the Borough of Bogota made subsequent to the enactment of this section.
d. 
Connection and Lateral Construction Fees.
1. 
Connection Fee.
(a) 
A property owner must pay to the borough a fee for purposes of obtaining the right to have sewer service. Such fee shall be titled "connection fee." The connection fee shall be paid for each domestic consumer unit for each new and additional connection as defined herein and shall be payable in advance to the borough in accordance with the following unit schedule:
(1) 
Single-family homes: one (1) domestic consumer unit.
(2) 
Rented rooms, each room available for rent: one-quarter (1/4) domestic consumer unit.
(3) 
Single-family with place of business, including professional offices: one and one-quarter (1 1/4) domestic consumer units.
(4) 
Hotel or apartment house (for each living unit): one (1) domestic consumer unit.
(5) 
Motel (for each living unit): one-half (1/2) domestic consumer unit.
(6) 
Apartments (for each living unit): one (1) domestic consumer unit.
(7) 
Schools (for each thirty (30) pupils and faculty): one (1) domestic consumer unit.
(8) 
Churches: one (1) domestic consumer unit.
(9) 
Clubs, societies, service organizations (with bar and/or restaurant facilities; one (1) additional unit): one (1) domestic consumer unit.
(10) 
Gymnasiums in schools, etc.: two (2) domestic consumer units.
(11) 
Public buildings (for each five (5) employees): one (1) domestic consumer unit.
(12) 
Service stations without car wash facilities: two (2) domestic consumer units.
(13) 
Service stations with car washing facilities: three (3) domestic consumer units.
(14) 
Diner, tavern or restaurant one (1) to fifty (50) seating capacity (each additional fifteen (15) seating capacity or segment thereof): one (1) domestic unit.
(15) 
Soda fountain and/or luncheonette (for first ten (10) seating capacity): one (1) domestic consumer unit; for each additional twenty (20) seats or segment thereof: one (1) domestic consumer unit.
(16) 
Laundromat or self-service laundry (for each washer over twelve (12) pounds capacity): one (1) domestic consumer unit; for each washer of not more than twelve (12) pounds capacity: one-half (1/2) domestic consumer unit.
(17) 
Supermarkets (for each five (5) employees): one (1) domestic consumer unit.
(18) 
Drive-in restaurants (seating capacity under ten (10): three (3) domestic consumer units; seating capacity for additional fifteen (15) seats or fraction thereof: one (1) domestic consumer unit.
(19) 
Business establishment, not otherwise classified whether part of dwelling or not (for each fifteen (15) employees or segment thereof): one (1) domestic consumer unit.
(20) 
Industrial plant (for each five (5) employees): one (1) domestic consumer unit.
(21) 
Amusement park: five (5) domestic consumer units.
(22) 
Public recreational facilities: five (5) domestic consumer units.
(23) 
Bakery (with baking facilities, whether part of dwelling or not): two (2) domestic consumer units.
(b) 
The connection fee shall be two thousand ($2,000.00) dollars per domestic consumer unit.
2. 
Lateral Construction Fee.
(a) 
Where there are no sewer connections already made to the curbline from the sewer, there is hereby imposed on the property owner the following lateral construction fee for each connection to the existing sewerage system of the Borough of Bogota. This lateral construction fee shall be from the line of the sewer to the inside of the curbline or proposed curbline. Fees shall be as follows:
(1) 
Four-inch connection: $500.00.
(2) 
Six-inch connection: $750.00.
(3) 
Eight-inch connection: $800.00.
(b) 
The cost of the lateral construction fees specified above are the minimum charges. The department of public works reserves the right to increase these charges depending upon the actual cost of material and labor.
(1) 
Payment of Fees. All charges and fees set forth in this section shall be paid to the Borough of Bogota at the time application is made for the connection to the sewer system.
[Ord. #1439]
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, sump pump discharge, uncontaminated cooling water or unpolluted industrial process waters to any public sanitary sewer.
[Ord. #1439]
a. 
No person shall connect or allow to be connected into any sanitary sewer located within the Borough of Bogota any drain or leader designed to collect ground or surface waters.
b. 
No sump pump shall be connected to the sanitary sewer system of the Borough of Bogota.
[Ord. #1439]
a. 
Any homeowner or property owner who is found to be in violation of the provisions of this section during the year 2014 shall have the opportunity to correct the violation without penalty provided the violation is corrected within two (2) months of the date of notice of violation or not later than December 31, 2014 whichever comes first.
b. 
Beginning April 1, 2015 there shall be a minimum fine of two thousand ($2,000.00) dollars for each violation of the provisions of this section. Each violation and each day a violation is committed or permitted to continue shall constitute a separate violation and shall be punishable as such.
c. 
Any homeowner fined pursuant to paragraph b of this subsection shall have a 30-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine in the amount of two thousand ($2,000.00) dollars may be imposed if a court has not determined otherwise or, upon re-inspection of the property, it is determined that the abatement has not been substantially completed.
[Ord. #1437]
Any food establishment, catering facility, commercial food preparation facility, or any business within the Borough of Bogota that generates grease or oil that discharges into the sewer system, shall have and maintain a grease trap or grease removal equipment.
[Ord. #1437]
Any business named in subsection 10-5.1 that currently possesses a grease trap or grease removal equipment shall maintain and clean the equipment at the proper frequency so as that it remains effective.
[Ord. #1437]
Any new business or existing business named in subsection 10-5.1 shall install, with the proper building permits, a grease trap in accordance with the Plumbing Code of the State of New Jersey within one hundred twenty (120) days after the adoption of this section or after receiving written notice from the superintendent of public works. These new grease traps will be inspected by the plumbing subcode official of the borough and installed where they can be readily accessible for cleaning and inspection.
[Ord. #1437]
All grease traps shall be cleaned and maintained so that they never reach seventy-five (75%) percent of their capacity. A maintenance log shall be kept, posted, and made readily available for inspection. Grease traps shall be cleaned at a minimum of every six (6) months or greater frequency dependent on usage or need.
[Ord. #1437]
Grease traps shall be inspected at any time or frequency by superintendent of public works or representative of the department of public works, construction official, plumbing subcode official or the board of health.
[Ord. #1437]
Any person who violates any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter III subsection 3-1.1, for each occurrence.