[Adopted 7-16-1985 by Ord. No. 4996-85]
Whenever used in the within article, the following terms shall have the following meanings:
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
IRRIGATION SYSTEM
Any assemblage of components, materials or special equipment constructed and installed for controlled dispersion of water from any safe and suitable source, including properly treated wastewater, for the purpose of irrigating landscape vegetation or the control of dust and erosion on landscape areas, including drip irrigation systems, integral pumping systems or integral control systems for manual, semi-automatic or automatic control of the operation of these systems.
[Added 3-3-2009 by Ord. No. 6800-09]
NATURAL OUTLET
An outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lace or other body of surface or ground water, including the Passaic River or any of its tributaries.
NON-TIER II USER
All users of the sanitary sewer system that are not monitored separately by the Passaic Valley Sewerage Commission (PVSC) as a Tier II User.
[Added 3-3-2020 by Ord. No. 7572-20]
SANITARY SEWER SYSTEM
The structures, equipment, and processes required to collect and transport wastewater from all sources, including residential, commercial, industrial and institutional, including nonprofit and religious users.[1]
[Added 2-4-2008 by Ord. No. 6714-08; amended 8-6-2008 by Ord. No. 6755-08]
SEWAGE
The spent water of a community. The preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
STORM DRAIN (sometimes called "storm sewer")
A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
STRENGTH OF WASTE
A measurement of suspended solids and/or biochemical oxygen demand and/or chemical oxygen demand and/or any other parameter determined by the Passaic Valley Sewerage Commissioners (PVSC) as a fair indicator of the relative use, other than volumetric, of PVSC facilities by industrial wastes.
SWIMMING POOL
A water-filled enclosure, permanently constructed and having a depth of more than 18 inches below the level of the surrounding land, or above-surface pool having a depth of more than 30 inches, designed, used and maintained for swimming.
[Added 3-3-2009 by Ord. No. 6800-09]
TIER II USER
All users of the sanitary sewer system that are monitored by the Passaic Valley Sewerage Commission (PVSC) for biological oxygen demand (BOD) and total suspended solids (TSS) usage for which the PVSC calculates and provides to the City a separate bill/invoice of the respective user's treatment costs, commonly referred to as the Tier II user charge.
[Added 3-3-2020 by Ord. No. 7572-20]
WASTEWATER
The spent water of the community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.
[Added 2-4-2008 by Ord. No. 6714-08; amended 8-6-2008 by Ord. No. 6755-08]
[1]
Editor's Note: The definitions of "sanitary sewer" and "sanitary waste," which were previously included in this section, were repealed 2-4-2008 by Ord. No. 6714-08.
[Amended 1-20-2004 by Ord. No. 6391-04]
A. 
It shall be unlawful to discharge into any natural outlet within the municipality the following:
(1) 
Any wastewater or other polluted waters, except where suitable treatment has been provided and where a National Pollution Discharge Elimination System permit has been obtained from the appropriate governmental authority, where required.
(2) 
Wastes that may create a fire or explosion hazard in the sewer or wastewater facility such as gasoline, fuel oil, cleaning solvents, etc.
(3) 
Wastes that may impair or cause to impair the hydraulic capacity of the sewer system such as ashes, sand, metal precipitates, etc.
(4) 
Wastes at a flow rate which is excessive over a relatively short time period so that there is a treatment process upset and substantial loss of treatment efficiency.
(5) 
Wastes below a pH of five unless the line is designed to accommodate such waste.
(6) 
Any discharge of radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Passaic Valley Sewerage Commission (PVSC) in compliance with applicable state or federal regulations.
B. 
The following wastes may not be discharged without special permission from the PVSC, upon a determination by the PVSC that the discharge would not be detrimental to the system:
(1) 
Any discharge in excess of 150° F. (65° C.).
(2) 
Any discharge containing more than 100 milligrams per liter of mineral oil or grease.
(3) 
Any discharge containing floatable oil or grease.
(4) 
Any discharge of heavy metals or any other toxic materials in toxic amounts, which amounts are to be established by the PVSC.
(5) 
Any discharge quantities or flow or concentration which shall constitute a sludge.
(6) 
Wastes with pH outside the limits of 5.0 to 9.0.
[Amended 7-16-1991 by Ord. No. 5517-91]
No person shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or drain, which in turn is connected directly or indirectly to a public sanitary sewer, unless approved by the municipality for the purpose of disposal of polluted surface drainage. An administrative fee of $50 shall be paid to the municipality for said approval.
[Added 10-5-2004 by Ord. No. 6440-04; amended 1-5-2010 by Ord. No. 6857-09; 9-16-2025 by Ord. No. 8030-25]
A. 
In addition to any other applicable fees, charges and costs otherwise set forth or referred to in the Code of the City of Clifton or otherwise imposed by law, there shall be imposed a one-time sewer connection fee for each house, building or, in the case of a multiunit building for each individual unit, residential or nonresidential, to be serviced by any new connection to the public sewer.
B. 
The purpose of such sewer connection charge is to provide for a fair payment toward the capital cost of the public sewer system pursuant to N.J.S.A. 40:26A-11.
C. 
The fee per each house, building or, in the case of a multiunit building, each unit, residential or nonresidential, shall be determined by calculating the average gallons per day (GPD) flow for such use in accordance with the regulations of the New Jersey Department of Environmental Protection and multiplying such number times $7.25 and adding $25. There shall also be a fee based on square footage which shall be .035 multiplied by the total square footage of the house, building or unit. Such fees shall apply to new connections as well as any increase in use from existing conditions.
D. 
The fee shall be paid in full to the City of Clifton prior to the issuance of a construction permit issued in accordance with the Uniform Construction Code.[1] In the event a connection is made without prior payment thereof for any reason, the sewer connection fee shall constitute a first lien upon the benefitted property and shall bear interest as set forth in N.J.S.A. 40A:26-12 and as otherwise provided by law. This shall be in addition to any violations, penalties or other remedies otherwise provided for.
[1]
Editor's Note: See Ch. 197, Construction Codes, Uniform.
E. 
In addition to the above fees, there shall be charged each applicant a fee of $300 for engineer’s review of application and inspection.
[Added 3-15-2007 by Ord. No. 6661-07; amended 1-5-2009 by Ord. No. 6788-09; 7-20-2010 by Ord. No. 6894-10; 1-4-2011 by Ord. No. 6920-11]
A. 
Each property owner shall maintain and be responsible for the proper upkeep, repair and/or replacement of the sewer lateral from the public right-of-way to the building.
B. 
In the event of a blockage, the property owner shall either immediately clean it or retain a private contractor, at its sole cost and expense, to clean the sewer lateral.
C. 
In the event a residential property owner requests the City of Clifton to clean the main line between the hours of 3:00 p.m. and 8:00 a.m. on weekdays, and during all hours on Saturdays and Sundays, there shall be a fee of $175 for each cleaning of the main line requested of the City, which fee shall be paid to the City of Clifton prior to the work being performed and which shall be returned to the property owner only if it is determined that the main line did, in fact, require such cleaning.
[Added 2-4-2008 by Ord. No. 6714-08; amended 8-6-2008 by Ord. No. 6755-08; 3-3-2009 by Ord. No. 6800-09; 5-5-2015 by Ord. No. 7213-15; 4-5-2016 by Ord. No. 7286-16; 3-3-2020 by Ord. No. 7572-20; 5-19-2020 by Ord. No. 7581-20; 4-4-2023 by Ord. No. 7811-23; 5-6-2025 by Ord. No. 7986-25]
A. 
All owners of property, including, but not limited to, residential, commercial, industrial, institutional, including nonprofit and religious, including their tenants, shall be required to use the sanitary sewer system. Such owners shall be charged a sanitary sewer user charge for the use of the sanitary sewer system of the City of Clifton consisting of a discharge fee determined by the amount of water consumed, as reflected in the water meter readings, at the rates and in the manner set forth in this section, and a service fee. All property owned by the federal, state, county, or local government shall be exempt until December 31, 2023. Commencing January 1, 2024 property owned by federal, state, county and local government shall not be exempt.
B. 
All water consumption readings relative to each owner (including the owner’s tenants) shall be those obtained by the City from the Passaic Valley Water Commission (PVWC), plus the readings from private meters of wells or other water supplies. The water consumption measurements as set forth herein shall constitute the measure of sewage flow of each owner from whom the charge is payable.
C. 
Sewer charges shall be paid semiannually by the owner of the real property for the use of the City's sanitary sewer system. Charges shall be due on June 1 and September 1, or within 30 days of mailing of the bill, whichever is later.
D. 
All users of the sanitary sewer system shall be charged per water meter annually, payable in two installments, a minimum discharge fee as follows:
(1) 
2025 Non-Tier II users.
(a) 
Annual flat fee:
[1] 
$162, which includes up to 20 ccfs of usage annually; or
[2] 
$197, which includes up to 40 ccfs of usage annually.
(2) 
2025 Tier II users.
(a) 
Annual flat fee.
[1] 
$124, which includes up to 20 ccfs of usage annually; or
[2] 
$151, which includes up to 40 ccfs of usage annually.
(3) 
2026 Non-Tier II users.
(a) 
Annual flat fee.
[1] 
$169, which includes up to 20 ccfs of usage annually; or
[2] 
$206, which includes up to 40 ccfs of usage annually.
(4) 
2026 Tier II users.
(a) 
Annual flat fee.
[1] 
$130, which includes up to 20 ccfs of usage annually; or
[2] 
$158, which includes up to 40 ccfs of usage annually.
E. 
In addition to the above minimum discharge fee, users of the sanitary sewer system shall be charged an excess discharge fee per 100 cubic feet (ccf) of sewage discharge, based on the previous year's water consumption. The excess discharge fee shall be based upon the following rates per 100 cubic feet (ccf) of sewage discharge:
(1) 
2025 Non-Tier II users.
(a) 
Usage rates per ccf:
[1] 
Level 1: $3.43 per ccf for usage between 41 ccfs and 144 ccfs;
[2] 
Level 2: $3.82 per ccf for usage between 145 ccfs and 440 ccfs;
[3] 
Level 3: $4.13 per ccf for usage greater than 440 ccfs.
(2) 
2025 Tier II users.
(a) 
Usage rates per ccf:
[1] 
Level 1: $2.65 per ccf for usage between 41 ccfs and 144 ccfs;
[2] 
Level 2: $2.95 per ccf for usage between 145 ccfs and 440 ccfs;
[3] 
Level 3: $3.18 per ccf for usage greater than 440 ccfs.
(3) 
2026 Non-Tier II users.
(a) 
Usage rates per ccf:
[1] 
Level 1: $3.59 per ccf for usage between 41 ccfs and 144 ccfs;
[2] 
Level 2: $3.99 per ccf for usage between 145 ccfs and 440 ccfs;
[3] 
Level 3: $4.31 per ccf for usage greater than 440 ccfs.
(4) 
2026 Tier II users.
(a) 
Usage rates per ccf:
[1] 
Level 1: $2.77 per ccf for usage between 41 ccfs and 144 ccfs;
[2] 
Level 2: $3.08 per ccf for usage between 145 ccfs and 440 ccfs;
[3] 
Level 3: $3.32 per ccf for usage greater than 440 ccfs.
F. 
All Tier II users of the sanitary sewer system that are monitored by the Passaic Valley Sewerage Commission (PVSC) for biological oxygen demand (BOD) and total suspended solids (TSS) usage shall also be responsible for the full amount of the their total PVSC annual user charge as determined by the PVSC.
G. 
Sanitary sewer user charges based upon the above rates shall be adjusted for an owner who can demonstrate and certify to the City the actual metered sewage being discharged into the sanitary sewer system of the City, provided that the metering device is functioning properly and measurements are reasonably accurate, in the sole judgment of the City Engineer.
H. 
Adjustment of bills.
(1) 
The City Manager or his designee shall be authorized to adjust the sanitary sewer user charge bills which are irregular due to their being extraordinarily high, based on a temporary situation, in the following circumstances:
(a) 
Where the owner can demonstrate that the meter reading was a reflection of a leak or other condition which has been repaired, and that the water leakage did not go into the sanitary sewer system, then the City Manager or his designee shall have the authority to adjust the sewer bill to account for the irregularity.
(b) 
Where the owner can demonstrate that the meter reading was a reflection of a leak or other condition that has been repaired, and that the water has gone into the sanitary sewer system, then the City Manager or his designee shall have the authority to adjust the sewer bill to account for the irregularity up to a maximum of one billing cycle.
(2) 
No user shall be entitled to more than one adjustment pursuant to Subsection H in any five-year period, unless the user can demonstrate to the City Manager extraordinary circumstances justifying an additional adjustment.
I. 
Credits.
(1) 
Where a user has a swimming pool with a documented minimum capacity of 3,000 gallons and can document that the pool water does not drain into the sanitary sewer system, then the owner may obtain a credit of 10% of the discharge fee for one semi-annual bill per twelve-month period.
(2) 
Where a user has an irrigation system with a minimum of three sprinkler or watering heads and can document that the water utilized does not drain into the sanitary sewer system, then the owner may obtain a credit of 10% of the discharge fee for one semi-annual bill per twelve-month period.
(3) 
All senior citizens 65 years of age or older that receive Senior Citizens Property Tax Deduction pursuant to the requirements of N.J.S.A. 54:4-8.40 et seq. shall receive for a credit of 10% on the minimum discharge fee and excess discharge fee outlined in Subsections D and E.
J. 
Sanitary sewer user charges based upon the above rates shall be adjusted for an owner who can demonstrate and certify to the City the actual metered noncontributory water which is not being discharged into the sanitary sewer system of the City and which is otherwise being legally disposed of. The owner shall be credited annually at the prevailing rate times the water consumption metered, provided that the metering device is functioning properly and measurements are reasonably accurate in the sole judgment of the City Engineer.
K. 
When meters are used pursuant to Subsections F and I, readings shall be submitted to the Tax Collector not later than December 10 of the year prior in order to be used for the subsequent billing cycle. Meters shall be available for inspection by the City, and meters shall be recalibrated as required by the City at the owner's expense.
L. 
Any sanitary sewer user charges not paid by the due date shall be charged interest at the same rate and in the same manner as unpaid delinquent taxes. All charges, interest or penalties, as established herein, shall be and remain a lien upon the property served by the sanitary sewer system, in the same manner as all other taxes and municipal charges upon real estate under the laws of the State of New Jersey. The City shall have the same remedy for the collection thereof as fixed by the City, as the City now has or may hereafter have under the laws of the State of New Jersey, for the collection of taxes and other municipal liens upon real estate.
M. 
Any requests for adjustments pursuant to Subsection H. of this section must be made in writing to the City Manager within 30 days of the date of the bill for which the adjustment is being sought or the request will not be considered. Any requests for adjustments pursuant to Subsection I. of this section must be made in writing by December 10 of the year prior to be considered for a credit in the following calendar year.
[Added 9-19-2012 by Ord. No. 7053-12]
A. 
No person shall discharge sewage into the City's sanitary sewer system in connection with discharges resulting from dewatering or pump and treat operations that do not require a permanent sewer hookup without first obtaining a one-time sewer discharge permit from the City Engineer.
B. 
Fees shall be charged to each applicant as follows:
Gallons
Fee
Up to 5,000
$500
5,001 to 10,000
$1,000
10,001 to 25,000
$1,500
25,001 to 50,000
$2,000
50,001 to 75,000
$2,500
75,001 to 100,000
$3,000
Over 100,000
$3,000 plus the cost increment listed above
All users of the wastewater facilities shall comply with the requirements of the written rules and regulations of the Passaic Valley Sewerage Commissioners which have been adopted and which from time to time shall have been adopted, which regulations shall become effective upon filing of certified copies in the office of the City Clerk after the effective dates of this article.
A violation of any of the provisions of this article or any permit issued under the authority of this article may result in the termination of the permit and/or the termination of the authority to discharge into the system.
Any person violating any of the provisions of this article shall, upon conviction, be subject to fine not to exceed $500 and/or imprisonment for a term not to exceed 90 days, or both. Each and every day on which a violation of any provision of this article exists shall constitute a separate violation.
Ordinance No. 4398-77, passed on May 3, 1977, entitled "An Ordinance Regulating the Use of Sewers and the Disposal of Waste Waters and Providing Penalties for the Violation Thereof," is hereby repealed.[1]
[1]
Editor's Note: Said ordinance comprised former Ch. 375, Sewers.
No ordinance heretofore adopted by the municipality shall be affected by this article except that, if any provision of the prior ordinance is in conflict with the provisions of this article, the provisions of this article shall control.