[1985 Code § 10-1.1]
As used in this section:
Shall mean all waste other than waste generated by residential
dwellings, office buildings, retail sales and service establishments,
churches, or similar uses.
Shall include individuals, corporations, societies, firms
and all other associations.
[1985 Code § 10-1.2]
a.
No person shall discharge or cause to be discharged into the Sanitary
Sewer System of the Borough any commercial or industrial waste unless
and until a permit is obtained as hereinafter provided.
b.
Permits may be granted by the Borough Council to make connections
with the sewer system for the discharge of industrial or commercial
waste consisting of water, or other fluid that will not deposit a
sediment or other obstruction, and which will also conform to the
rules and regulations, now or hereafter established by the Passaic
Valley Sewerage Commission, concerning the receipt and the treatment
of industrial or commercial waste, as well as all of the provisions
of this section and the rules and regulations established by the "Passaic
Valley Sewerage Commission," concerning the receipt and the treatment
of industrial or commercial waste. A written application for such
permit shall be made to the Borough Clerk upon forms provided for
that purpose, and the applicant shall pay a fee of $25 to cover examination
and processing, which application shall, among other things, state:
1.
The full name and address of the applicant. If the applicant be a
partnership, the full names and addresses of all the partners shall
be stated, if a corporation, that fact shall be stated.
2.
The nature of the business or industry of the applicant.
3.
The location and dimensions of the premises upon which the business
or industry is to be or is carried on, together with a simple plot
plan showing the several boundary lines of the property and the location
and dimensions of all buildings thereon.
4.
The character, chemical content and physical and chemical properties
of the industrial or commercial waste proposed to be deposited in
the sewer system.
5.
The approximate quantity of industrial or commercial waste to be
deposited in the system per day.
6.
The hours of each day during which the industrial or commercial waste
will be deposited in the sewer system.
7.
Where practicable data indicating the hours of peak, minimum and
mean flow of such industrial or commercial waste into sewer systems
which data may, and at the special request of the Borough Council
be submitted in the form of a chart or graph.
8.
Such other or further information or data as the Borough Council
may require.
c.
The Borough Council shall determine the terms and conditions, if
any, for the granting of the permit to deposit industrial or commercial
waste in the sewer system (should such application be approved by
it), and all of the terms and conditions shall be placed on a written
permit to be issued by the Borough Council.
d.
Any significant changes in the quantity, character, chemical content,
or in the physical or chemical properties of the industrial or commercial
waste of any holder of a special permit granted under this section
which occurs after a permit has been granted or which occurs in the
interval between the filling of the application for a permit and the
issuance of same shall be forthwith reported in writing to the Borough
Council.
[1985 Code § 10-1.3]
The granting of a permit by the Borough Council to discharge
industrial or commercial waste into the sewer system in any one or
more instances shall not be construed in such a way as to establish
a precedent upon the Borough Council which will compel them to grant
future applications for a permit to discharge the same or similar
industrial or commercial waste into the sewer system. Moreover, such
permit, when granted, shall not be deemed to be a continuing right
to discharge industrial or commercial waste into the sewer systems,
but instead such permit may be modified or revoked at any time, in
addition to other causes for modification or revocation contained
herein, by the Borough Council when it is determined by it that the
terms and conditions of the permit have been violated, or that the
licensee's deposits in the sewer system will overburden its capacity
or impair its operation to the detriment of other users of the sewer
system. In addition, such permit may be modified or revoked for any
other cause deemed good and sufficient therefore by the Council. Except
under emergency conditions, no permit will be revoked without a hearing
into the facts concerning the situation leading to the proposed action.
[1985 Code § 10-1.4]
Where deemed necessary by the Borough Council the discharge
of industrial or commercial waste into the sewer system when permitted
by the Borough Council as herein provided for, shall be by a separate
connection from that used for the discharge of domestic waste.
[1985 Code § 10-1.5; Ord. 12/10/90; Ord. No. 14-07 § 1; Ord. No. 04-16]
a.
All users of the Sanitary Sewer System of the Borough of East Newark
shall pay a rental fee (user fee) for the discharge of waste in the
Sanitary Sewer System. Said fee shall be based on the total water
discharged to the sanitary sewer, as determined by water meter readings
and/or well meter readings and/or sanitary sewer meters or other data
as taken by or supplied to and approved by the East Newark Water Department
and shall be paid in accordance with the following schedule:
1.
The rates and charges for sewer services shall be as follows (billed
on a per 1,000 CF basis):
[Amended 7-14-2021 by Ord. No. 10-2021]
|
Effective July 1, 2021
|
|
$40 minimum charge per billing period;
|
|
$40 per 1,000 cubic feet per billing period;
|
|
Effective July 1, 2022
|
|
$42 minimum charge per billing period;
|
|
$42 per 1,000 cubic feet per billing period;
|
|
Effective July 1, 2023
|
|
$45 minimum charge per billing period;
|
|
$45 per 1,000 cubic feet per billing period.
|
2.
The rates shall be effective upon adoption of Ordinance No. 04-16
through and inclusive of June 30, 2019. Annually thereafter, the Borough
shall adjust the sewer rate not to exceed the Cost of Living Adjustment.
This shall be based on the Implicit Price Deflator for State and Local
Governments for New Jersey and published by the U.S. Department of
Commerce, Bureau of Economic Analysis.
b.
In the event that any rental fee charge shall remain unpaid for a
period of 30 days from the date it shall become due, the deposits
of the wastes into the sewer system shall be discontinued.
All bills paid beyond the period of 10 days after they are due
shall be paid together with interest at the rate of 12% per annum.
[1985 Code § 10-1.6]
The owner of any property on which there is located a privately
owned water well, which is connected to a water system that is eventually
discharged into the sanitary sewer system of the Borough must install
and maintain water meters on the well for the computation of the sewer
rental fee for such property.
a.
Such water meter shall be of a type and design approved by the Water
Purveyor and shall be installed by the owner at his own cost and expense
within 30 days after the adoption of this section.
[1985 Code § 10-1.7]
The fees prescribed in subsection 21-1.2 are to be construed as being in addition to the connection fee provided for in any other ordinance or ordinances now in effect, or which may hereafter be enacted, amended or supplemented.
[1985 Code § 10-1.8]
Every person, firm or corporation discharging industrial or
commercial waste into the sewer system by virtue of a permit granted
by the Borough Council for the purpose, as provided for herein, shall,
at all times, permit the inspection of the waste by the agents or
employees of the Borough and the Passaic Valley Sewerage Commission,
and, when ordered by the Borough Council, shall cause such wastes
to be pre-treated, so that the same shall comply with the terms of
this section, the terms and conditions under which the permit was
granted, the rules and regulations of the Passaic Valley Sewerage
Commission. Refusal to permit inspection of the waste or refusal to
obey and order the same shall be deemed a violation of this section
sufficient to cause a revocation of the permit.
[1985 Code § 10-1.9]
Grease traps or other appliances may be necessary to protect
the sewer system from stoppage, shall be installed by the owners or
the occupants of any property at its or his expense when notified
by the Borough Council, in writing to make such installation. Upon
failure or neglect of any such, the owner or occupant to comply with
such notice in addition to the penalties hereafter provided for violation
of this section, the permit of such person to discharge industrial
or commercial waste into the Borough sewer system may be revoked by
the Borough Council.
[1985 Code § 10-1.10]
Should the Borough Council revoke a permit to discharge industrial
or commercial waste into the sewer system, the discharge of such industrial
or commercial waste, therein by the person affected by such revocation,
shall be immediately discontinued and shall not thereafter be resumed.
Any person who discharges industrial or commercial waste into the
sewer system after such revocation shall, for each day on which such
discharge occurs, be deemed to be guilty of a separate violation of
this section and shall be separately punished for each violation.
[1985 Code § 10-1.11]
Should the Borough Council modify a permit to discharge industrial
or commercial waste into the sewer system, the subsequent discharge
of industrial or commercial waste therein by the person affected by
such modification shall be in strict conformity with such modification
or modifications. Any person, firm or corporation who or which discharges
industrial or commercial waste into the Borough sewer system after
a modification of such permit, in violation of the terms of such permit
as modified, shall, for each day on which a discharge occurs be deemed
to be guilty of a separate violation of this section and shall be
separately punished for each such violation.
[1985 Code § 10-1.12]
The right is reserved by the Borough Council to stop and prevent
at any time the discharge into the sewers or laterals of any industrial
or commercial waste.
[1985 Code § 10-1.13]
Disposal into the sewer system by any person shall not be permitted
unless the waste material is in compliance with standards promulgated
pursuant to the Federal Water Pollution Control Acts of 1972 as amended
plus any more stringent standards promulgated by the State of New
Jersey, Borough of East Newark, and the Passaic Valley Sewerage Commission.
[1985 Code § 10-1.14]
a.
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, uncontaminated
cooling water, subject to the other provisions of this section, or
unpolluted industrial process waters into the sanitary sewer system.
b.
Stormwater and all other unpolluted drainage shall be discharged
into such sewers as are specifically designated as storm sewers, or
to a natural outlet approved by the Borough Engineer or other designated
municipal authority. Uncontaminated cooling water or unpolluted industrial
process water shall be discharged into a storm sewer or natural outlet
upon the approval of the Borough Engineer or other designated municipal
authority.
[1985 Code § 10-1.15]
Except as hereinafter provided no person shall discharge or
cause to be discharged or allow to run, leak or escape into the sewer
system any of the following described materials, wastes or substances,
except such small quantities as may be presented in normal household
wastes:
a.
Any gasoline, benzene, naptha, fuel oil or other explosive liquids,
solids, or gases.
b.
Any waters or wastes containing toxic or other poisonous substances
or gases in sufficient quantities, either singly or by interaction
with other wastes, to injure any sewage-treatment structure or equipment,
or which constitute a hazard to humans or animals, or create a public
nuisance or interfere with the beneficiary uses of the receiving waters.
c.
Any waters or wastes having a corrosive property capable of causing
damage or hazard to structures, equipment or personnel of the sewage
works.
d.
Solid or viscous substance in quantities or of such size and volume,
capable of causing obstruction to the flow in sewers, or other interference
with the proper operation of the sewage works such as, but not limited
to: ashes, bones, cinders, coffee grounds, construction materials,
containers, etc., either whole or shredded, dead animal entrails,
feathers, fur, glass, hair and fleshings, leaves, mud, paper dishes,
cups, plastic, rags, sand, shavings, straw, unshredded vegetables,
vegetables in bulk, wax and wood.
e.
Any liquid or vapor having a temperature higher than 150° F.
or 65° C.
f.
Any waste or water which may contain petroleum hydrocarbons such
as grease, oil and oil sludges from garages, repair shops, machine
shops, industrial establishments, in concentrations in excess of 100
mg. per liter. However, fats and greases such as those derived from
cooking and food processing may be to sewers provided that the concentration
and physical dispersion of the fats and greases does not result in
separation and the adherence to sewer structures or appurtenances.
If structures, or such materials cause blockage in the sewer system,
then the waste water carrying such materials must be effectively treated
by a process or device such as a grease trap or interceptor before
its discharge into sewers.
g.
Any substances which may solidify or become viscous between 32°
F. - 150° F.
h.
Coal, tar, its derivatives and waste.
i.
Paints and waste products from paint manufacturing.
j.
Water or wastes having a pH lower than 4.5 or higher than 9.5 or
having any other corrosive property apt to cause damage or hazard
to structures, equipment of the sewer system or personnel employed
in its operation.
k.
Any noxious or malodorous gas or substance capable of creating a
public nuisance.
l.
Any natural drainage, or recycled river, harbor or ocean waters.
[1985 Code § 10-1.16]
The discharge of garbage or refuse, whether shredded or unshredded,
shall not be permitted into the sewer system, except that, properly
shredded garbage from household grinders will be accepted.
When, in the opinion of the Borough Engineer, the solids in
an industrial waste require comminution before discharge to the system
not only must the necessary comminution facilities be approved for
adequacy, but also the operating results must satisfactorily abate
the problem which such solids may tend to create in the sewer system.
[1985 Code § 10-1.7]
Any physical connection to a public sewer, building sewer, or
to a private sewer connected to a public sewer, from vessels, tanks
or containers receiving any of the mentioned materials or substances
could accidentally be discharged directly or indirectly into the aforementioned
sewer systems is prohibited. Precautions shall be taken to prevent
accidental spillage of any mentioned material to floor drains, basins,
downspouts, gutters, etc., from any manufacturing process or storage
vessel.
[1985 Code § 10-1.18]
The control of all odors emanating from a building sewer shall
at all times be the responsibility of the owner of the connection.
Such person shall take all necessary steps to eliminate undue odors,
at their source or to install means and methods, such as traps, drafts,
stacks, flap valves or other devices to prevent the discharge or development
of offensive odors within the sewers. The cost of the devices and
all attendant expenses shall be borne solely by the owner of the premises.
[1985 Code § 10-1.19]
Where determined to insure compliance with the provisions of
this section the Borough Council may require major contributing industries
to pretreat their waste material in accordance with pretreatment standards
promulgated by the Federal Government and any of the standard developments
of the State of New Jersey, Borough of East Newark, and the Passaic
Valley Sewerage Commission.
[1985 Code § 10-1.20]
Industries requiring approval before discharge of wastes include
any industry producing waste with strong acid or alkaline reactions
or which will form deposits or cause damage to the sewers or to appurtenances
of sewage treatment works. The process or processes employed in the
pretreatment of such wastes shall in each case be satisfactory to
and shall have the written approval of the Borough Engineer.
[1985 Code § 10-1.21]
a.
When required by the Borough, the owner of any property served by
a building sewer carrying industrial wastes shall install a suitable
control manhole in the building sewer to facilitate observation, sampling,
and measurement of wastes. Such manhole, when required shall be accessible
and safely located and shall be constructed in accordance with plans
approved by the Borough. The manhole shall be installed by the owner
at his expense, and shall be maintained by him.
b.
All measurements, tests and analyses shall be taken by the Borough
of the characteristics of waters and wastes and shall be determined
in accordance with American Public Health Association Standard Methods
for the Examination of Water and Sewage, and shall be determined upon
suitable samples taken at the control manhole. In the event that no
special manhole has been required the control manhole shall be considered
to be the nearest downstream manhole in the public sewer to the point
at which the building sewer is connected.
c.
The Borough and its duly authorized officers and employees bearing
the proper credentials and identification shall be permitted to enter
upon all properties for the purpose of inspection, observation, measurement,
sampling and testing in accordance with the provisions of this section.
d.
The Borough may assess the property owner the reasonable costs of
monitoring the discharge into the sanitary sewer system including
the costs of analyzing the discharge.
[1985 Code § 10-1.22]
a.
Whenever it is claimed that the provisions of this section do not
apply, or that the true intent and meaning of this section has been
misconstrued, or that a decision of a Borough official made hereunder
has been an improper one, or for any other grievance arising hereunder,
the aggrieved claimant may appeal the decision or the grievance in
writing to the Borough Council, in which event the matter will be
set down for a special hearing, at which time all interested persons
shall present evidence relevant to the subject matter of the hearing.
Notice of the hearing in writing shall be given to the aggrieved claimant
at least 10 days in advance by mailing same to the claimant's last
post office address.
b.
The Borough Council shall have the authority to modify any of the
provisions of this section where it finds there are practical difficulties
in the way of carrying out the strict letter of the provisions of
this section, or where the proofs indicate that the section is unreasonable,
arbitrary, discriminatory or confiscatory in its application to any
user, provided that the spirit of this section shall be observed,
the public health, safety and welfare secured and substantial justice
done. The burden of proof shall be on the user (aggrieved claimant).
c.
Appeals shall be made 45 days after the grievance arises or after
the rendering of a decision by the Borough official.
[Ord. 8/13/85 § 1;
1985 Code § 10-2.1]
As used in this section:
Shall mean oil, fat or grease in a physical state such that
it will separate by gravity from wastewater by treatment in an approved
pretreatment facility. Wastewater shall be considered free of floatable
fat if it is properly pretreated and the wastewater does not interfere
with the collection system.
Shall mean an outlet, including storm sewers and combined
sewer overflows, into a watercourse, pond, ditch, lake or other body
of surface or groundwater including the Passaic River or any of its
tributaries.
Shall mean a sewer that carries liquid and water-carried
wastes from residences, commercial buildings, industrial plants, and
institutions together with minor quantities of ground, storm and surface
waters that are not admitted intentionally.
Shall mean waste derived principally from dwellings, office
buildings, and sanitary conveniences. When segregated from industrial
wastes, may come from industrial plants or commercial enterprises.
Shall mean the spent water of a community. The preferred
term is "wastewater."
Shall mean a pipe or conduit that carries wastewater or drainage
water.
Shall mean a drain or sewer for conveying water, groundwater,
subsurface water, or unpolluted water from any source.
Shall mean a measurement of suspended solids, and/or Biochemical
Oxygen Demand and/or Chemical Oxygen Demand, and/or any other parameter
determined by PVSC as a fair indicator of the relative use, other
than volumetric, of PVSC facilities by industrial wastes.
[Ord. 8/13/85 § 2;
1985 Code § 10-2.2]
It shall be unlawful to discharge into any natural outlet within
the Borough 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.
[Ord. 8/13/85 § 3;
1985 Code § 10-2.3]
No person shall make connections on 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 purpose of disposal of polluted surface drainage.
[Ord. 8/13/8 § 4;
1985 Code § 10-2.4]
The Borough Council shall appoint or designate some suitable
person to administer this section.
[Ord. 8/13/85 § 5;
1985 Code § 10-2.5]
All users of the wastewater facilities shall comply with the
requirements of the written rules and regulations of the PVSC 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 Municipal Clerk after the effective date
of this section.
[Ord. 8/13/85 § 6;
1985 Code § 10-2.6]
Violations of any of the provisions of this section or any permit
issued under the authority of this section may result in the termination
of the permit and/or the termination of the authority to discharge
into the system.
[Ord. 8/13/85 § 7;
1985 Code § 10-2.7]
[Ord. 5/14/85 § 1; Ord. No. 5/10/88 § 1; 1985 Code
§ 10-3.1; Ord. No. 2005-01; Ord. No. 03-16; Ord. No. 07-17]
a.
Water Service. The rates and charges for water services shall be
as follows (billed on a per 1,000 CF basis:
|
Effective July 1, 2016 through June 30, 2017
|
|
$27 minimum charge per billing period;
|
|
$27 per 1,000 cubic feet per billing period;
|
|
Effective July 1, 2017 through June 30, 2018
|
|
$29 minimum charge per billing period;
|
|
$29 per 1,000 cubic feet per billing period;
|
|
Effective July 1, 2018 through June 30, 2019
|
|
$31 minimum charge per billing period;
|
|
$31 per 1,000 cubic feet per billing period;
|
b.
Chargeable Fees.
|
Description of Services
|
Chargeable Fees
|
|---|---|
|
Service Shut-Off Fee
|
$150
|
|
Final Read Fee
|
$50
|
|
Shut off/Turn on Customer Request Fee
|
$75/each
|
[Ord. 12/10/90]
a.
Bills for water consumed for any quarterly period or fraction thereof
shall be due and payable on the date thereof. The nonreceipt of a
bill will not constitute excuse for failure to pay.
b.
In the event that such bills are not paid within 45 days after becoming
due and payable, a penalty of 10% will be added to and collected with
such charges; and water may be turned off from the consumer and not
again supplied until such arrears, with penalty and other charges,
are fully paid and satisfied.
[Ord. 12/10/90]
Pursuant to the law of the State of New Jersey, all charges
for water, including penalties are liens upon the premises or property
on account of which such charge is incurred until paid and satisfied.
[1985 Code § 10-3.3]
Consumer services shall be turned on or shut off only by direction
of the Treasurer or by direction of the Water Department. The consumer
shall pay a fee of $5 for each time a service is turned on or shut
off.
[1985 Code § 10-3.4]
Consumers outside the limits of the Borough who are supplied
with East Newark water shall deposit the sum of $25 for domestic and
$100 for industrial services as a guarantee for payment of water bills.
[Ord. 5/14/85 § 5;
1985 Code § 10-3.5]
The Water Department shall operate under the following rules
and regulations:
a.
Distribution System. The distribution system shall include all mains,
with gate valves, hydrants and other appurtenances, from the intake
up to and including the consumers water meters. The Water Department
will construct all consumers' mains, taps and services from the street
main to the sidewalk area. Mains, taps and services from the sidewalk
area to consumers' buildings will be constructed only by a master
plumber licensed by the Borough of East Newark, subject to the provisions
of this chapter.
b.
New Taps.
1.
Any consumer desiring to have water supplied to property abutting
a street main shall apply therefor to the Water Department. All applications
shall be made by the owner of the premises or his duly authorized
agent. The Water Department will construct new taps from the water
main to the sidewalk area for the following fees, of which there will
be no refund:
|
Size of Tap
(inches)
|
Charge
|
|---|---|
|
3/4
|
$170
|
|
1
|
$200
|
|
1 1/2
|
$250
|
|
2
|
$300
|
|
Above 2
|
Special price
|
2.
In addition to the above fees, the applicant, where necessary, shall
deposit with the Water Department a sum sufficient to replace the
pavement disturbed for the construction of the new tap. The replacement
of the pavement will be done at cost, and any balance of funds on
deposit will be refunded to the applicant.
c.
New Water Services. Application for new water services shall be made
by a master plumber, licensed by the Borough of East Newark, or by
the owner of the premises. All new water services from the sidewalk
area to consumers' buildings will be constructed only by a master
plumber, licensed by the Borough after securing a permit for the work
and payment of a fee of $2 for the necessary inspection by the East
Newark Code Enforcement Department.
d.
Water Service Renewals Made by the Water Department.
1.
Any consumer desiring a water service renewal from the street main
to the sidewalk area shall apply therefor to the Water Department.
All applications shall be made by a licensed plumber, licensed by
the State of New Jersey, or by the owner of the premises. The name
of the licensed plumber, licensed by the State of New Jersey, who
will renew the service from the sidewalk area to the building shall
appear on all applications. The Water Department will renew water
service from the street main to the sidewalk area, upon application,
for the following sums placed on deposit, and, upon completion of
the work, the unexpended balance shall be refunded.
|
Size of Tap
(inches)
|
Charge
|
|---|---|
|
3/4
|
$170
|
|
1
|
$200
|
|
1 1/2
|
$250
|
|
2
|
$300
|
|
Above 2
|
Special price
|
2.
In addition to the above charges the applicant, where necessary,
shall deposit with the Water Department a sum sufficient to replace
the pavement disturbed for the renewal of the water service. The replacement
of the pavement will be done at cost, and any balance of funds on
deposit shall be refunded to the applicant.
e.
Water Service Renewals Made by Consumers. Application for water service
renewals from the sidewalk area to the building shall be made by a
master plumber, licensed by the Borough of East Newark, or by the
owner of the premises. All water service renewals from the sidewalk
area to consumers' buildings shall be constructed only by a master
plumber, licensed by the Borough of East Newark, after securing a
permit for the work and upon payment of a fee of $5 for the necessary
inspection by the East Newark Code Enforcement Department.
f.
Private Mains. Any consumer desiring to extend water service to premises
which do not abut a street main shall make application to the Water
Department for connection to the nearest main. After payment of all
regular fees the Water Department will construct the tap from the
street main to the sidewalk area, where the consumer will construct
a meter pit or vault satisfactory to the Water Department, together
with proper fittings for a meter that will be paid for by the consumer
and will be installed by the Water Department. The owner of a private
main shall be responsible for the maintenance of the line and shall
promptly remedy defects on order of the Water Department. An inspection
fee of $5 shall be paid for the private line.
g.
General Specifications. All new water services, water service renewals
and private mains shall be constructed under the following regulations:
Pipe shall be K copper tubing, or equal, having a minimum inside diameter
of 3/4 inch and provided with mechanical flare joints at the curb
stop and the street side of the meter. Pipe shall be constructed in
an independent trench with a covering of at least four feet from final
grade of ground and at least two feet distant from any other utility
line running from curb to the building. No work performed by a master
plumber, licensed by the Borough of East Newark, shall be concealed
until inspection and approval has been granted by the East Newark
Code Enforcement Department.
h.
Fire Lines.
1.
Any consumer desiring to construct a water main for fire service
shall make application to the Water Department. After payment of all
regular fees the Water Department will construct the fire line from
the street main to the sidewalk area, where the consumer will construct
a meter pit or vault and install a meter after the Water Department
has given approval to the meter pit and meter. Water may be drawn
through fire lines only for fire purposes, tests which may be required
by the Board of Fire Underwriters or for periodic flushing of lines.
Preliminary notice shall be given to the Water Department when tests
are to be made, and reports shall be made when hydrants are open,
stating the number of openings and duration of each opening.
2.
The owner of each metered fire line shall keep such line in a perfect
state of repair at his own cost and expense and shall pay the Water
Department annually a service charge of $100.
i.
Depth of Pipes. All mains, taps and services placed underground shall
be in independent trenches and placed at least four feet below the
surface or finished grade of the ground to ensure against freezing.
j.
Fire Hydrants.
1.
Borough fire hydrants are to be opened by the Fire and Water Departments
of the Borough or by such persons as may be specifically authorized
by the Water Department. No person, firm or corporation shall in any
manner obstruct or prevent free access to any fire hydrant, or place
or store temporarily or otherwise any object, material, snow, debris
or structure of any kind within a distance of 10 feet of any fire
hydrant.
2.
The Chief of the Fire Department will make monthly reports to the
Water Department, showing in detail the number of openings of fire
hydrants and the length of time of the opening. Maintenance of fire
hydrants will be done by the Water Department. The Borough of East
Newark shall not pay any fee for hydrants to the Water Department
for use of water for fire purposes.
k.
Water Meters.
1.
Every service line shall be provided with a meter of approved type
and size. The owner of the premises served shall pay the Water Department
the established charge for the meter, and the Water Department will
install the meter, provided the owner of the premises has the service
line properly prepared with a mechanical flare joint on the street
side of the meter and also provided with a compression stop and a
test tee and faucet on the house side of the meter. Each meter shall
be installed as near as possible to the point of entry of the service
line, in a horizontal position and in an easily accessible location.
Meters shall be sealed with the seal of the Water Department, and
no meter shall be removed, disturbed or tampered with and no one shall
break or injure such seals. On any new construction it shall be mandatory
to install a complete remote outside water meter unit and voluntary
to have this remote water meter unit installed when a water meter
is replaced. No person or corporation shall permit or allow any unsealed
or damaged water meter through which water is supplied to such person
or corporation without immediately notifying the Water Department
that such meter is unsealed or damaged. Meters may be tested at stated
intervals or at any time when it may be deemed necessary to do so,
by the Water Department, and the reasonable cost of such test and
of repairs or replacements necessary to ensure the proper functioning
of the meter shall be paid by the consumer.
2.
The owner of any property shall be responsible for the payment of
all indebtedness to the Water Department for water consumption, services
or repairs which are billed against the premises.
[Ord. 5/14/85 § 6;
1985 Code § 10-3.6]
Application for water required for construction purposes shall
be made to the Water Department and permit will be issued, based on
the following fees.
a.
For a frame building costing $10,000 or less: $10.
[Ord. 5/14/85 § 7;
1985 Code § 10-3.7; Ord. No. 14-09 § 1]
a.
Temporary Disconnection. The Water Department is hereby authorized
to discontinue the water supply temporarily, in case of accidents,
when necessary for the purpose of making repairs or changes, extensions
to the water system or for other unavoidable cause, and will endeavor
to give timely notice to the consumers affected thereby and will,
so far as practicable, use every means to prevent inconvenience and
damage arising from any such cause; but failure to give such notice
will not render the Water Department responsible or liable for damages
that may result therefrom. The Water Department undertakes to use
reasonable care and diligence in furnishing a constant supply of water
and does not guarantee to render any special service or to maintain
any fixed quantity of flow or pressure, and the Water Department shall
not be held liable for damages resulting from any failure to provide
a sufficient quantity or pressure of water, by reason of break, accident
or injury to its distribution mains, by act of God or the public enemy.
b.
Reasons for Disconnection. Consumer's service may be shut off at
the curb by the Treasurer for any of the following reasons:
c.
Turning Water Service On or Off. No person shall, without authorization
of the Water Department, turn a consumer's service off or on, with
the exception that a licensed plumber may turn on water at the curb
stop for test purposes, and in this case the plumber shall close the
curb stop at the completion of the test and notify the Water Department.
d.
Unnecessary Use of Water. Excessive or unnecessary use or waste of
water, whether caused by carelessness or by defective or leaky plumbing
or fixtures, is strictly prohibited. The Water Department may limit
or prohibit the use of water for purposes not deemed essential whenever
in its judgment it shall be necessary or prudent to do so to conserve
the supply.
e.
Water Interruption Procedures for Nonpayment of Charges.
1.
Meters will be read the first week of the monthly period;
2.
Bills are to be generated and mailed to customers within two days
of meter reading;
3.
Bills are due upon receipt;
4.
There is a 30 day grace period provided to customers for payment
in full of utility charges;
5.
Accounts remaining unpaid after the thirty-day grace period are to
be assessed interest charges, as permitted by law, which will be added
to the utility bill;
6.
A thirty-day delinquent notice will be generated by the water billing
company assessing interest charges on delinquent balances along with
a $5 late notice fee. The notice will reflect the account is subject
to water interruption;
7.
Accounts remaining unpaid after 60 days are assessed additional interest
charges and added to the utility bill;
8.
A sixty-day delinquent notice will be generated by the water billing
company assessing additional interest charges on the delinquent balance
along with a $5 late notice fee. The notice will reflect the account
is subject to water interruption;
9.
Accounts with outstanding balances after 90 days will receive a new
quarterly bill reflecting current utility charges and interests and
fees assessed on delinquent balances. The bill will reflect the account
is subject to water interruption;
10.
A report will be generated, by the water billing company, on the
first working day of each month reflecting the account status and
period of delinquency, if any;
11.
Account balances over $100 and over 60 days delinquent will be sorted
and listed;
12.
Accounts with balances over 60 days will have received an original
bill plus two late notices. No additional notice is required for water
interruption;
13.
Accounts will be reviewed by the water billing company to confirm
payment(s) made and if the account is current;
14.
The water billing company will prepare a listing of accounts that
are not current and provide the list to Mains/Meter Operations for
water interruption service;
15.
A $50 fee will be assessed for water interruption and restoration
service;
16.
Mains/meter operations will commence water interruptions after 8:00
a.m.;
17.
Once water service interruption is complete, service is not to be
restored until the account balance is paid in full, including any
delinquent or current utility charges, fees, penalties or assessments;
18.
Upon payment in full of the account a work order will be generated
through the water billing company requesting water restoration;
19.
Water service is to be restored in order of received requests and
staff availability.
[Ord. 5/14/85 § 8;
1985 Code § 10-3.8]
a.
Access for Meter Reading or Inspection. Any meter reader in or employee
of the Water Department, upon presentation of the badge or proper
credential showing the employee to be an authorized officer or employee,
shall have free access at all reasonable hours to any premises supplied
with East Newark Water, for the purpose of reading meters or making
an inspection of the premises, including the examination of the entire
water supply and plumbing system upon the premises. No person shall
refuse to admit the authorized officer or employee to any premises
for any such purpose.
b.
Estimated Bills. If access cannot be obtained to the meter for reading
at the desired time, the Water Department may render a bill based
on estimated consumption during the period, and payment based on such
estimated bill will be used as a credit to the total amount due as
determined by the next reading.
c.
Complaints Regarding Water Bills. Complaints regarding bills shall
be filed with the Water Department within 10 days after the date of
such bill, and if the complaint is found to be justified, adjustment
may be made. Such adjustment shall not, however, be held to establish
a precedent as to the amount of an ensuing bill.
[Ord. 5/14/85 § 9;
1985 Code § 10-3.9]
In addition to the shutting off of the supply of water as hereinabove provided, the following penalties are hereby prescribed: Any person, firm or corporation who shall be convicted of violating any of the provisions of this chapter shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 07-09 § 1]
a.
Any necessary changes in piping, valves or connections from the point
of connection at the curb stop to the meter, resulting from corrosion
or otherwise, and all material and labor used to increase or improve
the water supply or efficiency thereof must be made by the owner of
the premises at its own expense. All changes and improvement shall
be subject to inspection and approval by the Water Department.
b.
When tests made by the Borough indicate a leak in a service connection,
notice to repair same within three days will be served upon the owner.
If the notice is not complied with, the Borough may shut off the tap
controlling the service connection, or in the alternative may make
any necessary repairs and charge the costs thereof to the owner, to
be collected as other charges and become a lien upon the property.
[Ord. No. 10-09 § 1]
|
Description of Services
|
Chargeable Fees
|
|---|---|
|
Service Reconnection Fee (M-F 8:00 a.m.-6:00 p.m.)
|
$50
|
|
Service Reconnection (all other times)
|
$75
|
|
Emergency Service Call (M-F 8:00 a.m.-6:00 p.m.)
|
$0
|
|
Emergency Service Call (M-F 6:00 p.m.-8:00 a.m.)
|
$75
|
|
Emergency Service Call (Sundays and Holidays)
|
$85
|
|
Missed Scheduled Appointment
|
$25
|
|
Duplicate Bill
|
$3
|
|
Manual Receipt
|
$2
|
|
Final Read Fee
|
$25
|
|
Return Check Fee
|
$50
|
|
Delinquent notice (Per occurrence)
|
$5
|
|
Fire Hydrant Charge (Daily rental charge plus consumption)
|
$25
|
|
Water Meter Rental (Daily rental charge plus consumption)
|
$25
|
[Ord. No. 13-09 § 1]
a.
Except as may be further restricted in accordance with subsection 21-4.2b below, the use of water within the Borough of East Newark, regardless of the source of water (public or private) shall conform to the following:
1.
All citizens shall be urged to observe indoor conservation measures
at all times; and
2.
Water Use Restrictions.
(a)
Lawn watering.
(1)
Properties may only water two days per week. Properties with
odd numbered addresses may water two days per week on odd calendar
dates and properties with even numbered addresses may only water two
days per week on even calendar dates.
(2)
Watering shall only be conducted between the hours of 6:00 a.m.
and 9:00 a.m. or between 5:00 p.m. and 8:00 p.m.; and
(3)
The watering of any single area shall not exceed 30 minutes
per day.
(b)
Flowers and shrubs may be watered as needed with a hand-held
hose equipped with an automatic shut-off nozzle;
(c)
Vehicles may be washed any day with a hand-held hose equipped
with an automatic shut-off nozzle;
(d)
Per NJ P.L. 2000, c. 107 (see N.J.S.A. 52:27D-123.13), operational
automatic rain sensor devices are required for all sprinkler/irrigation
systems installed after September 8, 2000 to ensure that watering
does not occur during periods of rain. In addition, all sprinkler/irrigation
systems installed prior to September 8, 2000 must be equipped with
an operational automatic rain sensor device;
(e)
Violators of these guidelines and requirements are subject to
fines;
(f)
Restrictions identified in subsection 21-4.2b shall supersede those identified in this subsection when the Mayor and Borough Council declares a Declaration of Water Emergency;
(g)
State of New Jersey requirements shall supersede when more stringent
than East Newark Water Conservation Guidelines.
b.
Enforcement of Water Conservation Guidelines. The water use restrictions
and automatic rain sensor requirement imposed pursuant to this subsection
shall be enforced by the local authorized official. Whenever a local
authorized official shall find a violation of the water use restrictions,
regardless of the source of the water (public supply or private well),
such authorized official shall give the violator a written warning
and explain the penalties for a second and third offense as provided
in subsection 21- 4.1c. 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 summons
for the violation of the water use restrictions imposed pursuant to
this subsection.
c.
Penalties. After a warning for a first offense in accordance with
subsection 21- 4.1b above, any person or business that thereafter
violates the water use restrictions imposed pursuant to this section
shall be subject to the penalty provisions:
d.
Exemptions. Restrictions in subsection 21-4.1a above do not apply to the following:
1.
Commercial crop and sod farms and nursery stock at nurseries or retail
outlets and commercial golf courses.
2.
Outdoor irrigation necessary for one day only where treatment with
an application of chemicals require immediate watering to preserve
an existing landscape or to establish a new landscape.
3.
Outdoor irrigation necessary for the establishment of newly sodded
lawns or landscaping within the first 21 consecutive days of planting.
4.
Visually supervised operation of water systems by a State of New
Jersey Licensed Irrigation Contractor for short periods of time to
check system condition and effectiveness.
5.
The use of Reclaimed Water for Beneficial Reuse (RWBR), as approved
in a New Jersey Pollutant Discharge Elimination System permit pursuant
to N.J.A.C. 7:14A-1 et seq., and any conditions appertaining thereto.
[Ord. No. 13-09 § 2]
a.
Declaration of Water Emergency. A water emergency shall be declared:
1.
Upon action by resolution of the Governing Body:
(a)
Whenever the Municipal Engineer in his or her professional judgment finds that emergency conditions exist within the Municipality, he or she shall recommend to the Mayor and Borough Council that a water emergency be declared. Said recommendation shall contain findings which specify which water use restrictions, if any, contained in subsection 21-4.2b below are appropriate. Factors which the Municipal Engineer may consider in making said recommendation include, but are not limited to, the following:
(1)
Lack of precipitation for an extended time period;
(2)
Below-average water levels in municipal streams or other surface
water bodies;
(3)
Declaration of a water emergency by the Governor;
(4)
Declaration of a water emergency by a surrounding municipality
or municipalities;
(5)
Designation by the New Jersey Department of Environmental of
a drought watch or drought warning condition;
(6)
Below-average water levels in wells monitored by the United
States Geological Survey, New Jersey Geological Survey or other wells
monitored by agencies of the United States or New Jersey; or
(7)
Evidence of low or dirty water yields in private wells in the
Municipality.
(8)
Declaration of a water emergency resulting from infrastructure
failure or any other Safe Drinking Water emergency issues.
(b)
Upon receiving such a recommendation the Mayor and Borough Council
may accept the Municipal Engineer's recommendation and findings, or
any portion thereof, and adopt a resolution declaring a water emergency
in the Municipality.
(c)
Such resolution shall be adopted by the Mayor and Borough Council at any regular, special, adjourned or emergency public meeting of the Mayor and Borough Council. Such resolution shall specify which of the water use restrictions, if any contained in subsection 21-4.2b below are being imposed. Such resolution shall be effective immediately upon publication and shall continue in effect for 90 days, or such lesser time period as may be specified, unless extended or repealed as set forth in subsection 21-4.2c and 21-4.2d below.
b.
Water Use Restrictions. Upon adoption by the Mayor and Borough Council of the Borough of East Newark of a resolution declaring that a water emergency exists in the Municipality in accordance with subsection 21-4.2a.
1.
All citizens shall be urged to observe voluntary indoor conservation
measures; and
2.
Water uses and restrictions including but not limited to the below
may be included in a Water Emergency Resolution:
(a)
The watering of all plant growth, except commercially grown
food crops, sod at commercial sod farms and golf courses and nursery
stock at nurseries or retail outlets;
(b)
The washing of vehicles, except for emergency vehicles and by
a commercial enterprise whose primary function is car washing, regardless
of whether the operation is mobile or stationary or in those instances
where a threat to public health may exist;
(c)
The washing of driveways, sidewalks, decks, patios or paved
areas;
(d)
The serving of water in restaurants, clubs, or eating places
unless specifically requested by patrons;
(e)
The use of fire hydrants by fire companies for testing fire
apparatus and for fire department drills except as the Municipal Fire
Chief deems necessary in the interest of public safety;
(f)
The use of fire hydrants by municipal road departments, contractor,
and all others, except as necessary for firefighting or protection
purposes;
(g)
The use of water for all outdoor recreational purposes;
(h)
The washing of outside of dwellings, buildings, or other structures,
except windows;
(i)
The operation of any ornamental fountain or other structure
making a similar use of water except as necessary to preserve or support
fish and aquatic life;
(j)
The washing of streets via a street sweeper, except in those
instances where Reclaimed Water for Beneficial Reuse (RWBR) is authorized
under a valid New Jersey Pollutant Discharge Elimination System (NJPDES)
Permit.
(k)
Any other water use activity specified by the Mayor and Borough
Council in the resolution required by Section 2A above which is reasonable
under the circumstances considering the nature and extent of the water
emergency.
3.
The following restriction may be imposed on the water uses stated in subsection 21-4.2b:
(a)
Limiting all outdoor usage which is not strictly prohibited
by this subsection to the hours of 6:00 a.m. and 9:00 a.m. or between
5:00 p.m. and 8:00 p.m.;
(b)
The watering of any single area shall not exceed 30 minutes
per day; and
(c)
Any other restriction specified by the Mayor and Borough Council
which is reasonable under the circumstances considering the nature
and extent of the water emergency.
4.
Any water use restriction imposed pursuant to his subsection may
be amended by the Mayor and Borough Council to add, alter, or delete
any restriction in subsection at any time during the water emergency.
Said amendment shall be by resolution of the Mayor and Borough Council.
5.
Any water use restriction imposed pursuant to this subsection shall
apply equally to both users on privately owned wells and users served
by a public water system.
6.
Nothing in this subsection shall be read so as to prohibit, restrict
or limit water usage where a bona fide health emergency exists.
c.
Duration of Water Emergency. Whenever the Municipal Engineer in his or her professional judgment finds that the emergency drought conditions in the Municipality have abated prior to the expiration of the time period specified in the resolution, he or she shall recommend to the Mayor and Borough Council that the water emergency cease. Upon such a recommendation to cease, the Mayor and Borough Council may adopt a resolution declaring the water emergency ended and the water use restrictions identified in subsection 21-4.2b inapplicable. Otherwise, at the end of the time period specified in the original resolution, the water use restrictions identified in subsection 21-4.2b shall lapse and be inapplicable and unenforceable.
d.
Extension of Water Emergency Time Period. If at the expiration of
the time period specified in the resolution, the Municipal Engineer
in his or her professional judgment finds that the emergency drought
conditions have not abated, he or she shall recommend to the Mayor
and Borough Council that the water emergency remain in effect. Said
recommendation shall specify the duration of the extension. Whenever
the Mayor and Borough Council has received such a recommendation,
it may accept the Municipal Engineer's recommendation and findings,
or any portion thereof and adopt a resolution to extend the water
emergency. Said resolution shall specify the duration of the extension,
which shall not be for more than 90 days.
e.
Notice. Reasonable attempts shall be made to notify citizens and
residents of the Municipality of the existence of a water emergency,
the restrictions imposed, and the penalties for violations.
f.
Enforcement of Water Use Restrictions. 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, regardless of the source of the water, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided in subsection 21-4.2g. 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 summons for the violation of the water use restrictions imposed pursuant to this subsection.
