[1973 Code § 135-1]
The following rules and requirements shall be deemed to be incorporated
in and form part of the terms and conditions for the supply and use
of water furnished to all parties and consumers whatsoever by the
Town of Kearny, New Jersey, who are deemed to expressly consent hereto
as a condition precedent.
[Ord. No. 1997-15 § I]
In this chapter, any reference to the Department of Water, Water
Superintendent, the Mayor or the Town Council, or any other Kearny
Town official or officer, shall include their designee pursuant to
contract.[1]
[1]
Editor's Note: The Town entered into an Interlocal Agreement
with the East Orange Water Commission to take over the management,
operation and maintenance of the Kearny Water Utility.
[1973 Code § 135-2]
All applications for the use of water through a service and
all applications for the introduction of services must be made at
the office of the Water Superintendent at the Town Hall by the owner
of the premises sought to be supplied or by his agent duly authorized
in writing. Applicants shall state fully all purposes for which the
supply is required, with correct street, lot and block number of the
premises. All expense incurred by reason of incorrect information
given in an application shall be charged to and paid by the property
owner.
[1973 Code § 135-3]
a.
The work of installing ordinary services from main to curb shall
consist of tapping the main, inserting corporation cock with proper
couplings, laying of pipe from main to curb and providing a stop with
suitable stop box and cover marked "Water," and shall be done by the
Water Department at the costs and charges of the owner, who must pay
all prescribed charges when making application and before any work
is done.
b.
The cost of installation services are provided for in subsection 22-8.1. The cost does not include charges for permits to open and repair streets.
c.
Every tenement intended for six families or more must have at least
a one inch service connection and a one inch meter.
[1973 Code § 135-4]
For all connections of a larger capacity than one inch, an estimate
of each of such connections will be given by the Water Superintendent.
[1973 Code § 135-5]
Excepting employees of the Water Department duly authorized
for the purpose, no person shall tap or connect any water main or
insert a stopcock therein.
[1973 Code § 135-6]
No person shall attach, alter or extend any water pipe or make
any alterations in any tap, cock or other fixtures, nor do any work
calculated to increase the facilities for using the water, nor turn
on or off the stopcock on the main or at the curb, unless registered
as a licensed plumber by the Water Department.
[1973 Code § 135-7]
a.
In introducing new services, express permission of the Water Department
must in all cases be obtained before doing any work to connect water
services for use; otherwise an adequate penalty will be imposed and
the license registry of any plumber failing to comply herewith will
be revoked.
b.
Curb stops shall be left closed and in no case shall the water be
turned on except by an employee of the Water Department or by a licensed
plumber upon authority of written permit so to do.
c.
Plumbers must not have any curb stops open nor water turned on at
the premises after connecting to the service pipe, without permit
therefor, longer than is required to test their work.
d.
Service pipes in buildings must be located in such parts thereof
best protected from frosts.
e.
It shall be the duty of the plumber to protect from frost all work
done by him.
f.
The owner of property into which water is introduced by a service
pipe shall be required to maintain in perfect order, at his own expense,
the service pipe from the curb to his premises, including all fixtures
therein provided for delivering or supplying water for any purpose,
and in case such service and fixtures are not so kept in repair, the
Bureau of Water may shut off the supply of water.
[1973 Code § 135-8]
a.
When a service pipe has been laid to the curb, it must not be diverted
to supply other premises even though owned by the same person.
b.
The object of this regulation is to secure a separate and independent
service pipe for each separate lot and building.
c.
Plumbers must make their plans and estimates to conform hereto accordingly.
[1973 Code § 135-9]
All inside connections between houses or other buildings are
strictly prohibited.
[1973 Code § 135-10; Ord. No. 4-10-85; Ord. No. 1997-15 § I]
a.
Each new service pipe up to and including two inches inside diameter
put in service for supplying water for all purposes must be of lead,
extra heavy brass or Class K copper, suitable for underground use
and equipped with a meter. In no case shall the inside diameter of
the service pipe be less than 3/4 of an inch, and service pipes larger
than two inches inside diameter shall be of cast iron. All charges
for the use of water through such services shall be based upon the
meter rates from time to time prescribed by the Water Department.
b.
All meters in excess of two inches in diameter must be set by a registered
licensed plumber in the best workmanlike manner.
c.
Meters, except on fire service, must be set entirely above the floor,
horizontally, with dial up in a conspicuous place, easy of access
and located in a place approved by the Water Department.
d.
All meters must be set with meter couplings and have a compression
stop-and-waste cock on street side of house.
e.
Special care must be exercised to keep the inside of meters free
and clear of white or red lead, dirt, gravel and all other foreign
matter. Male thread only may be leaded.
f.
Carelessness in these and other requirements concerning water distribution,
plumbing, metering, appliances and services shall render the offending
plumber liable to discipline and his license registry to suspension
by the Water Department.
[1973 Code § 135-11]
a.
Plumbers must not interfere with or remove any meter without special
permit first obtained from the Water Department in each and every
case.
b.
All meters removed by plumbers must be delivered to the Water Department
within 24 hours from time of removal.
c.
Notice to the Water Department of any stoppage or other irregularity
at the meter should be immediately reported so that such defect may
be remedied.
d.
The owner of any premises where a meter is installed shall be held
responsible for its care and protection from freezing and from injury
or interference by any person or persons.
[1973 Code § 135-12]
All water supplied through taps shall be metered.
[1973 Code § 135-13]
No standpipes or other appliances for any purpose will be allowed
to be attached at the curb stops. Where use of water is desired, the
service pipe must be extended across the sidewalk before any attachment
is made.
[1973 Code § 135-14]
Excepting where water has been turned off by a licensed plumber
for immediate repairs, no person may turn it on unless properly authorized
by the Water Department.
[1973 Code § 135-15]
The attention of licensed plumbers is particularly directed
to places where water may be turned off at the curb because of leakage.
After making the necessary repairs, they must leave the water turned
off until proper permit is given to turn it on.
[1973 Code § 135-16]
[1973 Code § 135-17]
Hydrants, hose bibs and other fixtures shall be so placed as
not to be readily accessible to persons occupying adjoining or neighboring
premises.
[1973 Code § 135-17; Ord. No. 5-12-82; Ord. No. 1997-15 § I; Ord. No. 2002-O-69A; Ord.
No. 2011-17 § 1]
There shall be a charge to each water customer who is presently
connected to or wishes a connection to the water systems for the purpose
of providing fire protection, based upon the size of the service line,
at the following rates:
[1973 Code § 135-18]
In applying for a permit where any part of the work is considered
as out of the ordinary, plumbers must make a full explanation of the
same without waiting to be questioned.
[1973 Code § 135-19]
a.
Registry in the Water Department of plumbers licensed by the Board
of Health shall in all cases be a requisite for water plumbing, meter
setting and all other work relating to the Water Department.
b.
Upon presentation of the plumber's license issued to him by the Board
of Health, the Clerk in the Water Department shall record such license
in a book provided for that purpose and make endorsement thereof on
the license in such registry.
[1973 Code § 135-20]
a.
At least one member of a firm or corporation doing plumbing work
shall be a licensed plumber duly registered. Every plumber applying
for a license registry must be a citizen of the United States and
have a regular and recognized place of business within the water supply
district controlled by this Department.
b.
At the time of his application he must be not less than 21 years
of age and furnish satisfactory evidence that he is a practical plumber
educated for the business. Either such license registry or the words
"licensed plumber, registered," together with licensee's full name
and license registry number as therein designated, must be legibly
and conspicuously displayed on the premises outside of the registered
place of business. Failure so to do shall make the registry liable
to revocation by the Water Department.
c.
Any unregistered person, firm or corporation making false pretense as a licensee registered, on conviction, shall be liable to a fine as provided for in subsection 22-1.42.
d.
Upon receipt of an order or engagement to put in new service pipes
and plumbing fixtures connected therewith, or to make extensions or
alterations in existing service pipes or fixtures connected with the
water supply, licensed plumbers shall at once notify the Water Department
on a blank form provided therefor.
e.
License registry will be recorded at the same time and expire at
the same time as the license issued to the plumber by the Board of
Health.
[1973 Code § 135-21]
No plumber shall allow his name to be used by any other person
or party either for the purpose of obtaining permits or for doing
work under his license registry.
[1973 Code § 135-22]
a.
Master plumbers registered will be held responsible for the violation
of any rules of this Department by journeymen plumbers or others in
their employ.
b.
All plumbers registered by this Department shall give immediate notice
to the Clerk of the Department of change of address in their place
of business.
c.
Any plumber guilty of any violation of the rules and regulations
adopted from time to time or at present established by this Department
may be fined, suspended or deprived of his license registry, at the
discretion of the Department.
[1973 Code § 135-23]
The forfeiture or suspension of the license registry of any
plumber operates as a forfeiture or suspension of the license of his
plumbing business. Only one license registry shall be recorded for
one member of a firm or corporation, and the registry recorded for
the member of a firm or corporation shall state the name or names
of the applicant.
[1973 Code § 135-24]
[1973 Code § 135-25]
Only registered licensed plumbers must be employed to make water
connections from the curb to the house and to do all plumbing work
and repairs on the premises.
[1973 Code § 135-27]
There shall be a compression stop-and-waste cock inside the
building as near the front wall as possible in order to shut off the
water in case of accident to the inside pipe. The pipe shall be carried
in at least four feet six inches deep and protected from frost at
all exposed points.
[1973 Code § 135-28]
In all cases where a kitchen boiler is attached, a suitable
safety or vacuum valve shall be applied to prevent damage by collapsing
or otherwise when the water is shut off from the street mains.
[1973 Code § 135-29]
This Department will not be liable for any damage which may
result from shutting off the water, whether with or without notice.
The Bureau always endeavors to give reasonable notice before water
is shut off.
[1973 Code § 135-30]
a.
The Bureau of Water will repair all leaks on ordinary service pipes
between mains and the curb stops, but not leaks in private pipes.
The expense of all repairs to regular services will be borne by the
Bureau of Water whenever the service has been put in within 10 years
from the date of notice or of its discovery of leaks or defects. In
the event of service pipes being more than 10 years old, the expense
of repairs will be charged to and paid by the property owner.
b.
Permits to repair leaks in private pipes will be issued to licensed
plumbers upon application made at the office of the Bureau of Water.
c.
For leaks inside the curb or on private pipes in streets, the Department
may shut off the water, with or without notice, as long as it may
deem necessary.
[1973 Code § 135-31]
Willful and unnecessary waste of water by fastening open self-closing
valves, or otherwise, shall be furnished by shutting off of the water
service, which will not be restored until all damages have been paid
and satisfactory assurances given that such waste will not again occur.
[1973 Code § 135-32]
Water charges are a lien upon the real estate, and the owners
thereof are responsible for delinquencies. Information as to water
assessments and charges against any property shall at all times be
furnished on application, and the expressed wish of property owners
with regard to the supply to occupants of their premises will always
be considered and, if practicable, complied with, provided that all
water rates are paid.
[1973 Code § 135-33]
Any person wishing to discontinue the water service from his
premises must give notice thereof at the office and order the same
turned off; otherwise charges will be continued until such notice
is given and water is shut off by the Bureau of Water.
[1973 Code § 135-34]
When more than one occupant of premises is supplied from the
same service pipe, the charges for the whole supply furnished by such
pipe will be made to the owner in one amount, and in case of nonpayment,
the water may be shut off although some of such occupants may have
made settlement therefor with the owner.
[1973 Code § 135-35; Ord. No. 4-11-79; Ord. No. 1997-15 § I]
a.
Application for supply of water for building purposes must be made
at the office of the Department of Water of the Town of Kearny, and
a permit for the supply of water must be obtained before making use
thereof. Temporary water will be billed at prevailing rates through
a meter installed by the Town in a temporary meter pit constructed
by the builder.
b.
On all buildings other than those specified in the above schedule,
and in all construction for street improvements or for any other purpose,
the Water Department shall either estimate the quantity of water to
be used for the construction work or install a water meter on the
construction work, which meter shall be sealed, and all charges will
be made and paid for at regular meter rates, and the charges for water
consumption shall be a lien on the premises whereon the construction
is located, until paid.
c.
All fees paid for the consumption of water during construction shall
be paid to the Water Department. All water must be shut off immediately
upon completion of the construction work and shall be shut off thereafter
until a further permit is issued.
[1973 Code § 135-36]
a.
All street main connections for fire and sprinkler systems or for
any other purpose must be provided with valves inside the building
line in order that same may be shut off in case of a leak or burst
of pipe. The valves must be set in conspicuous places, easily accessible,
and left entirely open for fire purposes. If required by the fire
insurance representatives, the same may be sealed.
b.
Rebate charges for water actually consumed for fire extinguishment
may be claimed on metered lines only, provided written notice for
that purpose is filed with this Department within 10 days after the
fire, together with a certification from the Fire Department of such
use and the duration of such fire extinguishment use.
[1973 Code § 135-37; Ord. No. 1997-15 § I]
a.
Adjustment of charges may be made only upon application by the owner
of the premises, or the owner's agent, to the Water Superintendent
and Town Administrator with approval of the Mayor and Council. Claims
of adjustment must be presented within 30 days from the billing date
for which adjustment is claimed.
b.
Adjustments, if made, will be determined on the merits of each particular
case; the Department reserves the right to collect the full amount
called for by the assessment as long as the fixtures and facilities
for using the water remain.
c.
Any deduction made shall not establish a precedent for any ensuing
bill.
d.
Premises alleged to have been vacant and unoccupied with no record
to turn off in the Bureau of Water may be refused rebate or adjustment
for leakage or other waste, whether metered or not.
e.
If turnoff order does not appear to have been given to the Bureau
of Water by the owner of the premises or his duly authorized agent,
consideration of application for rebate may be refused altogether.
f.
To ensure hearing for adjustment of bills for water consumed on premises
alleged to have been vacant and unoccupied, the last turnoff date,
as it appears on the records of the Bureau of Water when so ordered
and turned off, must be taken as conclusive.
g.
Alleged ignorance of requirements will not avail.
[1973 Code § 135-38]
a.
Official inspection, by authorized employees of the Bureau of Water
only, shall be made of all piping, trenches, meters, appliances, plumbing,
services and connections (new and old) relating to the water system
wherever, and the official requirements shall be final and must be
complied with.
b.
When trenches are opened and service pipes laid, such trenches and
pipes therein shall be inspected by the Plumbing Inspector of the
Bureau of Water before the same are filled, and the contracting plumber
performing such work shall notify the Bureau of Water that such trench
is opened in order that such inspection may be made. The penalty for
allowing pipes to be covered before inspection by the Bureau of Water
shall be $10 and repetition of the offense shall subject the plumber
to suspension of his registration.
[1973 Code § 135-39]
a.
The Bureau of Water may refuse to supply water to premises where
the plumbing has not been done in a proper manner or until the plumbing
has been examined and approved by the Plumbing Inspector of the Bureau
of Water.
b.
When buildings are being torn down, an inspection must be made of
all waterpipes and connections to ensure that all services are shut
off at the curb. Inspectors must investigate promptly all complaints
of poor water pressure, leaks in service pipes or imperfect working
meters.
c.
Officers of the Department and all persons authorized by them may
enter the premises of any water consumer at any reasonable time and
examine the pipes and fixtures, the quantities of water used, the
manner of its use, etc., and to verify any claim for rebate. All such
officers and employees are provided by the Department with a badge
and certificate in order to prove their authority. The efficiency
of the water service depends largely on constant supervision and inspection,
and the revenue obtained is a direct benefit to every taxpayer.
d.
The Bureau of Water will make inspection of assessed-rate services
where it is believed that an excessive amount of water, through defective
plumbing or otherwise, is consumed, and notify the owner or consumer
when such inspection indicates waste. If the necessary alterations
or repairs to prevent such waste are not made within one week from
the date of such notice, a meter must be placed on the service or
the supply will be shut off.
[1973 Code § 135-40; Ord. No. 2001-O-34 § III]
a.
Payment for meters is required in advance, and only those makes of
meters approved by the Department will be allowed to be used.
b.
All meters purchased from the Bureau of Water will be tested before
being used. Meters furnished by other parties will not be recognized
unless they have been first tested by this Bureau and a fee paid for
such test and a special permit given to set the same.
c.
Meters will be tested on application to the Bureau of Water. A testing
charge of $35 is made for meters up to and including one inch capacity.
For taking out, testing and replacing meters of larger capacity than
one inch, estimates will be given upon request, but the actual cost
will be charged and, in case of nonpayment, will become a lien upon
the property. If the meter is found registering in excess of consumption,
charges for test will be refunded and an allowance made for any overpayment
for water.
d.
Bills will be delivered as far as practicable; when not delivered,
the owner or consumer, for his own protection, must call at the office
and obtain the same since notice is not legally required.
[1973 Code § 135-41; Ord. No. 1997-15 § I]
a.
Where water has been turned off for any reason, it is so recorded
and the charge ceases from that date; but where water which is recorded
as turned off is at any time found on without authority of this Department,
the Department will charge for the use of the water from the recorded
date of turning off, and it may be shut off at the main, and the service
will not again be restored until all charges whatsoever are fully
paid and satisfied.
b.
Where water is shut off for nonpayment, it will not be turned on
until all arrearage charges are fully paid.
c.
The penalty for any violation of these rules is the liability (in
addition to any fine which may be imposed) of having the water service
promptly discontinued until such rules and requirements are complied
with and a satisfactory guaranty given that no further cause for complaint
shall arise.
[1973 Code § 135-43]
The Department expressly reserves the right at any time to alter
or amend these rules, requirements and regulations and to promulgate
the same or new ones, in its discretion.
[1973 Code § 135-42; New]
[1973 Code § 135-44; Ord. No. 1997-15 § II]
Thirty days after the issuance of bills for repairs to water
meters or for water connections, interest shall be charged on the
amount due, at the rate of 8% per year, on the total of arrears up
to $1,500, and on arrears in excess of $1,500, the rate of interest
shall be 18% per year.
[1973 Code § 135-45]
The owner of any house, building, tenement, lot or premises
wherein or whereon repairs to meters have been made or water connections
have been installed shall be held liable for the payment of the interest
charges, which interest charges, as above provided, shall be a lien
upon the house, building, tenement, lot or premises until the same
shall be paid and satisfied.
[1973 Code § 135-46; Ord. No. 1997-15 § III; Ord. No. 1997-O-46; Ord. No. 1999-O-20 § 2; Ord. No. 2001-O-34 § II; Ord. No. 2002-O-69A; Ord.
No. 2004-(O)-49 § 1; Ord.
No. 2007-(O)-04 § 1; Ord.
No. 2011-17 §§ 2, 3; Ord. No. 2013-6; Ord. No. 2014-46; amended 6-25-2019 by Ord. No. 2019-22[1]; 3-10-2020 by Ord.
No. 2020-10]
a.
The following rates shall be charged to all commercial, manufacturing
and residential water users:
1.
A rate of $2.55 per 100 cubic feet for use not exceeding 18,000 cubic
feet;
2.
A rate of $3.45 per 100 cubic feet for use in excess of 18,000 cubic
feet, but not exceeding 75,000 cubic feet;
3.
A rate of $4 per 100 cubic feet for use in excess of 75,000 cubic
feet but not exceeding 125,000 cubic feet.
4.
A rate of $4.75 per 100 cubic feet for use in excess of 125,000 cubic
feet.
b.
The following minimum quarterly and monthly charges shall take effect
immediately:
|
Quarterly Minimums
| |
|---|---|
|
Meter Size
(inches)
|
Minimum
|
|
5/8
|
$20
|
|
3/4
|
$20
|
|
1
|
$102
|
|
1.5
|
$255
|
|
2
|
$318.75
|
|
3
|
$786.75
|
|
4
|
$1,218
|
|
6
|
$2,625.50
|
|
8
|
$4,425.50
|
|
10
|
$7,764.75
|
|
12
|
$11,845
|
|
Monthly Minimum
| |
|---|---|
|
Meter Size
(inches)
|
Minimum
|
|
5/8
|
$6.67
|
|
3/4
|
$6.67
|
|
1
|
$34
|
|
1.5
|
$85
|
|
2
|
$106.25
|
|
3
|
$262.25
|
|
4
|
$406
|
|
6
|
$875.17
|
|
8
|
$1,475.17
|
|
10
|
$2,588.25
|
|
12
|
$3,948.33
|
c.
(Reserved)
d.
(Reserved)
f.
Hydrant or stand pipe use shall be charged $78.75 per use.
[1]
Editor's Note: This ordinance provided the rates within take
effect on 7-15-2019.
[1973 Code § 135-47]
All water supplied to consumers by the Water Department of the
Town of Kearny shall be measured through water meters.
[1973 Code § 135-50; Ord. No. 11-24-76; Ord. No. 11-10-81; Ord. No. 1-25-84; Ord.
No. 1997-15 § IV]
a.
Any person, firm or corporation desiring a tapping of any water main
in the Town of Kearny must make written application for that purpose
to the Water Superintendent of the Town of Kearny and pay with the
application the cost of making the tap, in the amount designated below,
according to the size of the tap set forth in the application:
|
Size of Tap
|
Charge
|
|---|---|
|
3/4 inch
|
$925
|
|
1 inch
|
$1,125
|
b.
If the size of the tap applied for exceeds one inch, the Water Superintendent
shall estimate the cost of making the tap and the applicant shall
pay with the application the sum so estimated. If the actual cost
of making the tap exceeds the estimated amount, the applicant shall
pay the excess upon demand and if the actual cost is less than the
estimate, the Town shall remit the difference to the applicant.
[1973 Code § 135-51]
No taps on water mains in the Town of Kearny shall hereafter
be made without the approval of the Water Superintendent.
[1973 Code § 135-52]
All meters, whether placed on new or old services, from 5/8
inch in diameter to and including one inch in diameter shall be installed
by employees of the Water Department, provided that the owner of the
premises has the service line properly prepared, pursuant to the provisions
of all applicable laws, ordinances and regulations.
[1973 Code § 135-53]
All meters shall be purchased from the Water Department, and
only such meters that have been approved by the Mayor and Town Council
will be furnished or installed on any service pipe supplying municipal
water.
[1973 Code § 135-54; Ord. No. 1997-15 § IV]
All meters supplied by the Town shall remain the property of
the Town. All applicants for municipal water shall pay the tapping
charges pursuant to subsection 22- 8.1. All repairs and replacements
of meters from the size of 5/8 inch up to and including 1 1/2
inches shall be undertaken by the Department of Water of the Town
of Kearny without charge to the owners of the meters except where
the meters have been damaged by hot water, frost or negligence of
the owners.
[1973 Code § 135-55]
Meters shall be set with couplings and stopcocks on each side,
and waste close to the outlet shall be placed in a conspicuous place,
ease of access and located so as to control the entire supply. For
fire service meters, the installation shall be approved by the Water
Superintendent or the Water Engineer, or both, before same is made.
[1973 Code § 135-56]
All meters two inches or over in diameter shall, when set up,
have bypass connections with testing corporation valve two inches
in diameter and be set in accordance with installation bypass plan
on file in the office of the Water Department.
[1973 Code § 135-57]
All meters two inches in diameter and over shall be installed
under the supervision of the Water Department and at the expense of
the owner of the property.
[1973 Code § 135-58]
Repair to or removal of meters furnishing municipal water is
strictly prohibited without first receiving the approval of the Water
Superintendent.
[1973 Code § 135-59]
All meters so removed shall be delivered to the Meter Laboratory
of the Town of Kearny within 24 hours after such removal.
[1973 Code § 135-60]
Notice to the Water Department of any stoppage or other irregularity
of the meter must be immediately given to the Water Superintendent,
at which time a closing nipple shall be substituted by the Department
until the defect can be remedied.
[1973 Code § 135-61]
The owner of the premises shall be held responsible for the
care and protection of meters located on the premises.
[1973 Code § 135-62]
Meters shall be tested on application to the Water Department.
A testing charge of $3 shall be made for all meters up to and including
one inch in diameter; for testing all meters over one inch in diameter,
an estimate will be given by the Department.
[1973 Code § 135-63; amended 3-10-2020 by Ord. No. 2020-10]
When a meter is found not registering, repairs shall be made
and meter put in an accurate condition. To estimate the consumption
during the time of nonregistration, a daily average shall be obtained
from the readings taken at least one month after repairs have been
made, and this figure shall be used as a basis on which to charge
for water during the period of nonregistration.
Notwithstanding the foregoing, if there are accurate reads for
four consecutive quarters within the last four years, then the quantity
of water consumed during the period in which the meter has been registering
inaccurately or has ceased to register shall be estimated by taking
the monthly average of the actual metered use over those four quarters.
[1973 Code § 135-64]
Meters shall be taken as correct if found on test to register
within 2% plus or minus. When an error of more than 2%, plus or minus,
is found, the consumer shall be charged or rebated for same. Where
a percentage of inaccuracy is found to be either plus or minus, same
shall be figured from 100%.
[1973 Code § 135-65]
Water service shall be discontinued or turned off from any premises
upon the written order of the owner.
[1973 Code § 135-66]
a.
All meters from 5/8 inch up to and including one inch in diameter
shall be tested at least once in every four years. Meters from one
inch up to and including two inches in diameter shall be tested at
least once in every three years. Meters from three inches up to and
including four inches in diameter shall be tested at least once every
second year. Meters in excess of four inches in diameter shall be
tested every year.
b.
Meters from 5/8 inch up to and including 1 1/2 inches in diameter
shall be removed and tested in the Meter Laboratory of the Town of
Kearny. Meters two inches and over in diameter shall be tested in
place through the two-inch corporation plug installed for that purpose.
All meters tested under this subsection shall be tested free of charge.
[1973 Code § 135-67]
No person or persons, corporation or corporations shall open
any fire hydrant in the Town of Kearny without the permission of the
Water Superintendent.
[1973 Code § 135-68]
No person shall supply with aqueduct water any person not lawfully
entitled to the same.
[1973 Code § 135-69]
No persons or corporation shall obstruct access to any fire
hydrant or stopcock connected with the water pipes of the Town of
Kearny.
[1973 Code § 135-70; New]
[Ord. No. 2011-4]
a.
Whenever the Water Department is unable to access premises either
to install, replace, repair or upgrade a water meter, or for any other
legitimate and reasonable purpose related to the provision of water,
it shall impose a denial of access account administration fee on the
account of that premises upon following the following notice procedure:
1.
It shall first send by regular mail to the owner of the premises
as reflected on the tax rolls at the address stated therein a notice
that the Water Department has been unable to gain access to the premises
and requests that the owner communicate with the Department within
two weeks of the date of the letter to set a reasonable date and time
when such access can be achieved;
2.
At the same time, the Water Department shall post a copy of the letter
on the premises;
3.
If access is not achieved or arranged within 20 days of the transmittal
of the letter by steps 1. and 2., the Water Department shall send
a copy of the letter by certified mail, return receipt requested;
and
4.
If access is not achieved within 10 days of the transmittal of the
certified letter, the Water Department shall impose the denial of
access account administration fee on that account on that date and
for each and every quarterly billing cycle thereafter until access
is achieved.
b.
There shall be a fee as set forth below for failure to allow access
to a water service for purposes of service or installation of the
water meters or associated appurtenances or inspection of the water
service or for access to the water supply line or water service for
inspection or testing of backflow prevention devices. Failure to allow
access includes a customer not responding within 10 days to a request
for access delivered by regular mail or a customer's refusal to set
and honor a date for access when contacted in person or by phone.
[Amended 3-10-2020 by Ord. No. 2020-10]
|
Meter Size
(inches)
|
Failure to Allow Access Fee
|
|---|---|
|
5/8
|
$200
|
|
3/4
|
$200
|
|
1
|
$200
|
|
1.5
|
$200
|
|
2
|
$242
|
|
3
|
$498.50
|
|
4
|
$960
|
|
6
|
$1,250
|
|
8
|
$1,250
|
|
10
|
$1,250
|
|
12
|
$1,250
|
c.
In addition to the denial of access account administration fee, during
the nonaccess period, the Water Department shall assess estimated
water charges against the premises.
d.
Pursuant to N.J.S.A. 40A:31-5h, each denial of access account administration
fee shall be a first lien or charge against the premises until the
same shall be fully paid and satisfied.
e.
The foregoing shall not apply if the owner establishes by sufficient
documentary evidence that he or she was either absent from the State
of New Jersey at the time the notices provided for in paragraph a
were sent or was hospitalized at that time or was under a disability
which prevented him or her from responding to the notices.
[Added 3-10-2020 by Ord.
No. 2020-10]
a.
There shall be a fee for unauthorized tampering with a water service,
including without limit, illegal connections, tampering with the meter,
breaking a meter seal or coupling seal, a backwards meter, unauthorized
turning on of service after the Town of Kearny has turned it off,
removal of a meter, bypass of the meter, bypass of any required reduced
pressure zone backflow preventer, failure to protect the water service
from freezing or to protect the water meter from flooding, and theft
of service by any means. The fee shall be $1,000 for each offense.
The assessment of such fee shall be considered in the quantum of penalty
to be assessed and shall not in any way limit the Town of Kearny's
rights to pursue additional enforcement of any kind including the
assessment of additional fees, fines, or penalties, assessment for
the cost of meter installation, and assessment of estimated past unrecorded
consumption during the past six years. The Town of Kearny's failure
to enforce a fee or its decision to waive a fee shall not be considered
a waiver of customer's compliance with any term of these rules and
regulations and shall not preclude the Town of Kearny from any future
enforcement rights.
b.
Noncompliance Fee. There shall be a fee as set forth below for failure
to comply that is plumbing-related issues and/or repairs that prevent
the Town of Kearny, its operator, contractor or authorized personnel
from performing meter maintenance or replacement work, which include
updates to any metering equipment. Failure to comply includes a customer
not responding within 10 days to a request for access delivered by
regular mail or a customer's refusal to make plumbing repairs in person
or by phone.
|
Meter Size
(inches)
|
Noncompliance Fee
|
|---|---|
|
5/8
|
$200
|
|
3/4
|
$200
|
|
1
|
$200
|
|
1.5
|
$200
|
|
2
|
$500
|
|
3
|
$900
|
|
4
|
$1,250
|
|
6
|
$1,250
|
|
8
|
$1,250
|
|
10
|
$1,250
|
|
12
|
$1,250
|
[1973 Code § 135-73; Ord. No. 10-11-89]
Whenever the Governing Body shall be satisfied and finds that a water emergency exists in the municipality, it may adopt a resolution declaring that a water emergency exists in the municipality. Such resolution shall be adopted by the Governing Body at any regular, special adjourned or emergency public meeting of the Governing Body. Such resolution shall identify that portion of the municipality affected by the water emergency which may include the entire municipality and shall specify which of the water use regulations contained in subsection 22-12.2 is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in subsection 22-12.3. For the purpose of this subsection, a water emergency shall exist if, for any of the following reasons:
a.
The public utility providing water service to all or a portion of
the municipality has adopted water use restrictions, has notified
the municipality, the New Jersey Board of Public Utilities, and the
New Jersey Department of Environmental Protection, as well as any
other State, County or local agency entitled to notice of such restrictions
and such restrictions are not overruled or declared invalid by any
State, County or local agency having the jurisdiction and power to
do so; or
b.
The governing authority is otherwise satisfied that a water emergency
exists in the municipality.
[1973 Code § 135-74; Ord. No. 10-11-89]
Upon adoption by the Governing Body of a resolution declaring that a water emergency exists in the municipality in accordance with subsection 22-12.1, all citizens shall be urged to observe voluntary indoor conservation measures and, any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and to exempt businesses, as specified herein during the water emergency.
a.
The complete ban and prohibition of outside water usage, including
the watering of lawns and plants, the filling of pools and the washing
of cars; or
b.
Outside water usage on alternate days allowing outside water usage
by persons or businesses having even house or box numbers on even
days and those having odd house or box numbers on odd days with outside
water usage being completely banned and prohibited on the 31st day
of any month during the water emergency; or
c.
Any other water use restriction specified by the Governing Body in the resolution required by subsection 22-12.1 which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this paragraph shall be limited in application to that portion of the municipality, which may include the entire municipality, identified as being affected by the water emergency in the resolution of the Governing Body adopted in accordance with subsection 22-12.1.
[1973 Code § 135-75; Ord. No. 10-11-89]
The resolution of the Governing Body required by subsection 22-12.1 shall, in addition to complying with subsection 22-12.1 provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the Governing Body shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the Governing Body shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this section continuing the water use restrictions.
[1973 Code § 135-76; Ord. No. 10-11-89]
The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the local authorized official. Whenever a local authorized official shall find a violation of the water use restrictions, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided by subsection 22-12.5. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
[1973 Code § 135-77; Ord. No. 10-11-89]
After a first offense in accordance with subsection 22-12.4, any person or business who thereafter violates the water use restrictions imposed pursuant to this section shall be fined or imprisoned in accordance with this subsection. For a second offense, the fine imposed shall be $500 or imprisonment for 10 days or both. For a third and subsequent offense, the fine imposed shall be $1,000 or imprisonment for 30 days or both.
[1973 Code § 135-71; Ord. No. 11-10-81]
a.
Pursuant to the Water Transmission Facilities Act concerning the
North Jersey District Water Supply Commission, etc., constituting
Chapter 167 and 18, P.L. of 1962 of the State of New Jersey, as heretofore
amended and supplemented (herein called the "Act"), the Commission
was given powers among other things to finance, construct and to place
into operation, operate and use facilities deemed necessary for and
incident to the treatment, filtration, transmission and distribution
of potable water made available by the State of New Jersey to municipalities
and persons pursuant to the provisions of the New Jersey Water Supply
Law, 1958.
b.
The Commission is ready to design, finance, acquire, construct and
put fully in operation and operate the water supply facility known
as "Wanaque-South" and seeks contracting municipalities having proprietary
allotments aggregating not less than an annual average of 32.0 million
gallons per day.
c.
By the provisions of N.J.S.A. 58:5-37, any municipality or municipalities
may enter into a contract or contracts with the Commission providing
for or relating to the acquisition, construction and financing of
the costs thereof and of any additions, extensions and improvements
of a Project as defined in the Act and the terms and conditions upon
which such acquisition, construction and financing shall be undertaken;
and for the operation and maintenance of the Project, the treatment,
filtration or transmission of water and the apportionment and distribution
of water among participating municipalities and the payments to be
made by the various participating municipalities for the various costs
of the Project.
d.
The municipalities are authorized and empowered to appropriate monies
for the purposes of the Commission and to pay such monies to the Commission
in such installments and upon such terms as agreed upon between the
individual municipalities and the Commission.
e.
The Town of Kearny is willing to accept and pay for such water and
treatment, filtration, transmission and distribution thereof pursuant
to the terms of the Agreement.
f.
In making the covenants, undertakings and agreements herein set forth,
it is the purpose and intent of the Town of Kearny to enable the Commission
to issue its bonds or notes for the purpose of paying or financing
the costs of the Project, making adequate and effective agreements
with the holders of such bonds or notes to secure the payment thereof
by, among other things, covenanting to impose, charge and collect
amounts of money from the Town of Kearny sufficient to pay when due
all operating expenses and the principal or the redemption price of
and interest on such bonds or notes and pledging all monies so collected
for such purposes.
[1973 Code § 135-72; Ord. No. 11-10-81]
The Council of the Town of Kearny resolves that the Town of
Kearny does hereby agree to enter into and execute the Agreement,
a copy of which shall be on file in the Town offices. The Mayor is
hereby authorized to execute the Agreement and the Town Clerk authorized
to seal the Contract with the Town Seal.
[Added 9-20-2022 by Ord.
No. 2022-23]
A licensed vendor that contracts with the Town of Kearny
or the Town's designated Water Service Operator (currently Veolia,
formerly known as SUEZ Environmental) to replace lead service lines.
A building or structure or part thereof containing one or
more dwelling units. This chapter shall also apply to buildings and
structures that are not used for residential purposes.
Any room or groups of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used or designed to be used for living, sleeping, cooking, eating
or bathing.
Any condition that does not allow access or exposure to lead,
in any form, to the extent that adverse human health effects are possible.
The water line on private property that leads to the structure
or building that is connected to the main Town water line.
A person or persons in actual possession of and living in
the building or dwelling unit.
Any person who has legal title to any dwelling, with or without
accompanying actual possession thereof; or, who has equitable title
and is either in actual possession or collects rents therefrom; or,
who is executor, executrix, trustee, guardian, or receiver of the
estate of the owner, or as mortgagee or as vendee in possession either
by virtue of a Court order or by agreement or voluntary surrender
of the premises by the person holding the legal title, or as collector
of rents has charge, care or control of any dwelling or rooming house.
[Added 9-20-2022 by Ord.
No. 2022-23]
It is hereby established that the existence of lead service
lines is prohibited in the Town of Kearny.
[Added 9-20-2022 by Ord.
No. 2022-23]
A property owner may be excluded from the mandatory lead service
line replacement requirement by providing to the Town written proof
from a licensed plumber that it does not have a lead service line
on its property and/or that the lead service line was previously removed
and replaced.
[Added 9-20-2022 by Ord.
No. 2022-23]
The owner of any dwelling, building or structure serviced by
a lead service line is required to have the lead service line on their
property replaced in accordance with the following options:
a.
Participation in the Lead Service Line Replacement Program offered
by the Town at no cost to the owner and allowing contractors to access
their property to verify the existence of a lead service line and
to conduct the replacement; or
b.
Replacing the lead service line on their own and at their own expense.
If an owner selects this option, the owner is required to provide
the Town with proof that the lead service line has been replaced.
Proof must include at a minimum: a permit issued by the Town to a
licensed plumber authorized to do the work; an invoice from the contractor
who completed the work; a copy of the estimate along with any report
of the work completed, and an inspection report verifying the removal.
[Added 9-20-2022 by Ord.
No. 2022-23]
a.
Unless an owner has provided proof that it does not have a lead service line pursuant to subsection 22-18.3 above, the Town or the contractor shall seek to gain access to the building to identify and/or replace a lead service line.
Whenever the contractor is unable to access premises to either
identify and/or replace a lead service line, then:
1.
The Town or contractor shall send by regular mail to the owner of
the premises as reflected on the tax rolls at the address stated therein
a notice that the contractor has been unable to gain access to the
premises and requests that the owner communicate with the contractor
within two weeks of the date of the letter to set a reasonable date
and time when such access can be achieved;
2.
At the same time, the Town shall post a copy of the letter on the
premises;
3.
If access is not achieved or arranged within 30 days of the transmittal
of the letter by steps in paragraph 1 and 2, the Town or contractor
shall send a second notice by regular mail; and
4.
If access is not achieved within 15 days of the transmittal of the second notice letter, the Town shall impose the denial of access account administration fee pursuant to subsection 22-9.1 on that account on that date and for each and every quarterly billing cycle thereafter until access is achieved.
b.
If an owner of the dwelling, building or structure does not participate in the Lead Service Line Replacement Program or is inaccessible or otherwise denies access to the property to enable the replacement of the line after notices in accordance with subsection 22-18.5a above, then the Town may proceed as follows:
1.
The Town may secure entrance to the property from the owner or current
occupant of the dwelling, building or structure, and the Town shall
incur no liability from the owner. The contractor will provide the
owner with a Right of Entry form for completion. The Right of Entry
form will provide the contractor with access to the property to verify
the existence of a lead service line.
2.
If access is granted by the occupant of the dwelling, building, or
structure, then the occupant shall be held harmless and no liability
shall incur to the Town, contractor or occupant due to the replacement
of the lead service line by the Town; and
3.
If access is denied by the current occupant or owner, then the Town
may commence procedures, including filing a Court action, to conduct
the replacement of the lead service line at the owner's expense
or may seek a court order requiring the owner to replace the Lead
Service Line within 90 days, at owner's sole cost and expense.
[Added 9-20-2022 by Ord.
No. 2022-23]
a.
Upon the sale or transfer of ownership of any dwelling, building or structure, that occurs after two years from the effective date of this section, the owner must provide proof that the lead service line has been replaced (or that the property is excluded from the requirement pursuant to subsection 22-18.4) in order to secure a Certificate of Occupancy, Certificate of Code Compliance, and Smoke and Carbon Monoxide Detector Certificates.
[Editor's Note: Section 22-18 was adopted 9-20-2022 by Ord. No. 2022-23]
b.
Upon the sale of any Town-owned property, within 90 days of the closing, the buyer is responsible for replacing the lead service line, by either participating in the Town's Lead Service Line Replacement Program or replacing the lead service line at its sole cost in accordance with subsection 22-18.4b above.
[Added 9-20-2022 by Ord.
No. 2022-23]
In addition to the imposition of the Denial of Access Account Administrative Fees pursuant to subsection 22-9.1, if the lead service line replacement is not performed by the owner within 90 days after final notice by the Town, the owner shall be subject to a fine of at least $250 but not exceeding $1,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not to exceed 90 days.
