ATTACHMENTS
Attachment 1 - Rates of Sewer User Charges
[R.O. 1966 C.S. § 21:5-1]
Pursuant to 40 CFR 39.935-13 and N.J.S. 40:63-7, there is hereby imposed a sewer user charge on every property owner utilizing public wastewater facilities within the City. Sewer charges shall be composed of the following two parts:
Part A. Users shall be billed according to their use of JMEUC, PVSC, or SRJM facilities in accordance with user charge regulations to be adopted by JMEUC, PVSC, or SRJM in compliance with applicable Federal regulations. The effective date for the imposition of these charges shall be established by resolution of JMEUC, PVSC, and SRJM for those areas of the City served by them. The effective dates shall be certified by JMEUC, PVSC, and SRJM for their respective service districts, and these written certifications shall be filed in the Office of the City Clerk.
Part B. Users shall also be billed for their use of municipal wastewater facilities in conformance with applicable State and Federal laws and regulations. In addition, users shall be billed for the administrative costs of billing and collection of the two part user charge.
[R.O. 1966 C.S. § 21:5-2]
No provision of this Title shall exclude the City from utilizing ad valorem tax revenues to supplement its payments for wastewater disposal where such a procedure is not prohibited by State or Federal law.
[R.O. 1966 C.S. § 21:5-3; Ord. 6 S+FP, 9-25-1990; Ord. 6 S+FA, 1-6-1993; Ord. 6 S+FL, 5-3-1993; Ord. 6 S+FB, 5-4-1994; Ord. 6 S+FC, 6-6-2001; Ord. 6 S+FH, 8-1-2001; 6 S+FF, 5-4-2005; Ord. 6 S+FH, 5-17-2006; amended 6-27-2023 by Ord. No. 6PSF-B, 06-27-2023]
a. 
Residential, Industrial, Commercial, Tax Abated and Tax Exempt Users. All residential, industrial, commercial, tax abated and tax exempt users of public wastewater facilities shall be billed for such use pursuant to this paragraph and paragraph b. For purposes of this section, such users shall be defined as all users identified as such by the regional sewer authority pursuant to the regulations of the United States Environmental Protection Agency, 35.929-1(b)(4).
1. 
Quarterly or monthly as determined by the Director of Water and Sewer Utilities, each such user shall be billed for its share of the operating and maintenance costs borne by the regional sewer authority in the treatment of wastewater. These billings shall be based on a method of calculation approved by the United States Environmental Protection Agency which shall at a minimum reflect the volume of waste and the strength of that waste as measured by the parameters of Biochemical Oxygen Demand (BOD) and Suspended Solids (SS) per unit volume. Calculation of the amount to be billed shall be done by the regional sewer authority, who shall present the bills to the City of Newark for distribution and collection of payments.
b. 
All users of Public Wastewater Facilities shall be billed as follows:
1. 
All such users shall also be billed periodically, by volume of potable water consumed as determined by the water meter, for all other costs associated with the collection, transmission, operation of the sewer system, and treatment of wastewater in accordance with the applicable schedule of rates which is incorporated herein:
All such meters shall be subject to the approval of the Director of the Department of Water and Sewer Utilities and shall be maintained in a continuous state of accurate operation by the property owner.
2. 
In lieu of using water meter flow, the property owner may, install a separate sewer meter to measure sewer flow ("direct actual metering"). Any such property owner may install metering equipment on his/her premises to measure the actual flow of sewage into public wastewater facilities. The responsibility for the purchase, installation, and proper functioning of any such meter shall be that of the property owner. All such meters shall be subject to the approval of the Director of the Department of Water and Sewer Utilities and shall be maintained in a continuous state of accurate operation by the property owner. The local sewer charge for property owners who elect direct actual metering shall be billed by the City of Newark in accordance with the rate schedule established by the Director of Water and Sewer Utilities.
3. 
In the event that a property owner who is subject to the terms of this section shall prove to the satisfaction of the Director of the Department of Water and Sewer Utilities that there is no substantial relation between the intake of water at the property, regardless of its source, and the output of sewage from the property, and if it be determined by the Director of the Department of Water and Sewer Utilities that it is not practicable to measure sewage emanating from the property by meters, then the property owner may elect to pay a user charge based upon engineering studies supported by substantial evidence. All such studies must be approved by the Director of the Department of Water and Sewer Utilities and shall be subject to his/her periodic review.
4. 
In no event shall any property owner who is subject to the terms of this section pay a local sewer user charge in an amount less than that set forth in the rate schedule established by the Director of Water and Sewer Utilities.
c. 
Any amount paid in excess of the amount billed in accordance with the rate schedule established by the Director of Water and Sewer Utilities shall be credited to the individual user's account.
d. 
Any credit or deficit received by the City of Newark from the Regional Wastewater Authorities (Passaic Valley Sewerage Commissioners, Joint Meeting of Essex and Union Counties, and Second River Joint Meeting) shall be allocated among all sewer users in such a manner that the sewer users rates are readjusted in an amount proportionate to the credit or deficit.
e. 
Senior citizens and/or disabled persons who qualify under N.J.S.A. 40A:14B-22.2 will be charged a discounted rate in accordance with the amended rate schedule established by the Director of the Water Sewer Utility.
f. 
Reserved.
Editor's Note: See § 32:8-4 paragraph b.
[Deleted 6-27-2023 by Ord. No. 6PSF-B, 06-27-2023]
[Ord. 6 S+FB, 5-4-1994 § 21:5-3; Ord. 6 PSF-A(S), 2-10-2015; amended 6-27-2023 by Ord. No. 6PSF-B, 06-27-2023]
Effective August 1, 2023, , the Director of Water and Sewer Utilities is implementing a five year rate increase for the period August 1, 2023 through December 31, 2027 and continuing until such time as may be amended.
a. 
The Charges for all sewer services furnished by the City of Newark including private consumers in the Silver Lake District , Belleville and elsewhere outside of Newark (unless otherwise covered by special contract), shall not exceed the following:
Rates Effective January 1, 2023
MONTHLY SEWER RATE
MONTHLY PVSC RATE
Customer Type
First 600 CUFT
Over 600 CUFT
First 600 CUFT
Over 600 CUFT
Regular - (MO & IO)
$4.86
$7.29
$27.82
$41.75
Direct P.V.S.C. - (MX & IX)
$7.42
$11.15
$13.41
$20.15
Senior Citizen - (MSI)
$4.65
$6.95
$26.40
$39.68
Rates Effective August 1, 2023:
MONTHLY SEWER RATE
MONTHLY PVSC RATE
Customer Type
First 600 CUFT
Over 600 CUFT
First 600 CUFT
Over 600 CUFT
Regular - (MO & IO)
$5.06
$7.59
$28.95
$43.44
Direct P.V.S.C. - (MX & IX)
$7.72
$11.60
$13.95
$20.97
Senior Citizen - (MSI)
$4.65
$6.95
$26.40
$39.68
Rates Effective January 1, 2024:
MONTHLY SEWER RATE
MONTHLY PVSC RATE
Customer Type
First 600 CUFT
Over 600 CUFT
First 600 CUFT
Over 600 CUFT
Regular - (MO & IO)
$5.25
$7.87
$30.05
$45.09
Direct P.V.S.C.- (MX & IX)
$8.01
$12.04
$14.48
$21.76
Senior Citizen - (MSI)
$4.65
$6.95
$26.40
$39.68
Rates Effective January 1, 2025:
MONTHLY SEWER RATE
MONTHLY PVSC RATE
Customer Type
First 600 CUFT
Over 600 CUFT
First 600 CUFT
Over 600 CUFT
Regular - (MO & IO)
$5.62
$8.43
$32.18
$48.29
Direct P.V.S.C. - (MX & IX)
$8.58
$12.90
$15.51
$23.31
Senior Citizen - (MSI)
$4.65
$6.95
$26.40
$39.68
Rates Effective January 1, 2026:
MONTHLY SEWER RATE
MONTHLY PVSC RATE
Customer Type
First 600 CUFT
Over 600 CUFT
First 600 CUFT
Over 600 CUFT
Regular - (MO & IO)
$5.99
$8.99
$34.30
$51.48
Direct P.V.S.C. - (MX & IX)
$9.15
$13.75
$16.54
$24.85
Senior Citizen - (MSI)
$4.65
$6.95
$26.40
$39.68
Rates Effective January 1, 2027:
MONTHLY SEWER RATE
MONTHLY PVSC RATE
Customer Type
First 600 CUFT
Over 600 CUFT
First 600 CUFT
Over 600 CUFT
Regular - (MO & IO)
$6.36
$9.54
$36.40
$54.62
Direct P.V.S.C. - (MX & IX)
$9.71
$14.59
$17.54
$26.36
Senior Citizen - (MSI)
$4.65
$6.95
$26.40
$39.68
b. 
Commencing January 1, 2007, and annually thereafter, the Director of Water and Sewer Utilities shall adjust the rate consistent with the Cost of Living Adjustment. This adjustment shall be based on the Implicit Price Deflator for State and Local Governments for New Jersey and published by the U.S. Department of Commence Bureau of Economic Analysis. Commencing January 1, 2024, and annually thereafter, the Cost of Living Adjustment shall not be imposed upon Senior Citizens and/or Disabled Persons/Disabled Veterans.
[R.O. 1966 C.S. § 21:5-4]
If any charge for the use of sewers, drains or other services connected therewith shall remain in arrears for six months, the officer or Board charged with the duty of the collection thereof shall file with the officer charged with the duty of the collection of tax arrears, a statement showing such arrearages, and from the time of such filing, the water rent or other charges shall be a lien upon the real estate to which the sewer service was furnished and in connection with which the charges were incurred to the same extent as taxes are a lien upon real estate in the municipality.
Such charges shall be a lien upon the premises connected until paid, and the City shall have the same remedies for the collection thereof with interest, costs and penalties, as it has by law for the collection of taxes upon real estate.
[R.O. 1966 C.S. § 21:5-5]
The Director of Water and Sewer Utilities of the City, who is hereby designated as the collector of any and all user charges, is hereby delegated the authority to develop, promulgate, and issue rules and regulations for the effective implementation of Section 32:8-1 through Section 32:8-11.
[R.O. 1966 C.S. § 21:5-6]
In the event that the sewer service charge of the Division with regard to any parcel of real property remains due and unpaid for a period of 30 days, the Division, may, in its discretion, enter upon such parcel and cause any connection or connections thereof leading directly or indirectly to or from the utility system to be cut and shut off until such service charge and any subsequent service charge with regard to such parcel and all interest accrued thereon shall be fully paid to the municipality.
[R.O. 1966 C.S. § 21:5-7]
In the event that the sewer service charge of the Division with regard to any parcel of real property remains due and unpaid for a period of 30 days, the Division, may cause the supply of water to such parcel by the Division to be stopped or restricted until such sewer service charge and any subsequent sewer service charge with regard to such parcel and all interest accrued thereon shall be fully paid to the municipality.
[R.O. 1966 C.S. § 21:5-8]
a. 
The Division will exercise every precaution to give reasonable notice before the discontinuance of water service, but will not be liable for any loss, damage or other claim based on or arising out of the stopping or restricting of such water service. Any water fixture subject to damage by the sudden discontinuance of the water supply shall be properly protected against such damage by the owner or operator of such fixture; provided, that notice, except in cases of emergency, is given.
b. 
All persons having boilers within their premises not supplied by a tank or cistern are hereby cautioned against collapse of such boilers in case of interruption or discontinuance of service. In such case, the Division will not be liable for any damage or inconvenience suffered.
[R.O. 1966 C.S. § 21:5-9; Ord. 6 PSF-B(S), 1-13-2010 § 1]
In the event that a sewer service charge of the Division with regard to any parcel of real property shall not be paid within 30 days of the due date, interest charges shall be assessed to the sewer account. Each interest charge shall be chargeable each and every additional month the account is not paid in full. The interest charge rate shall be 1.5% of the outstanding principal amount due.
[R.O. 1966 C.S. 21:5-10]
The owner of any house, multiple dwelling, building or lot shall be liable for the payment of the price or rent as fixed by the Governing Body for the use of sewer service by such owner, or by occupier and for the installation, purchase price, repair and testing of any sewer meter, sewer service, connections, appliances or parts and renewal thereof, heretofore or hereafter furnished or made by the Division, in or upon such house, multiple dwelling, building or lot connecting therewith, and the interest charges.
In the event that the sewer service charge of the Division with regard to any parcel of real property shall not be paid as and when due, the unpaid account shall be referred to the Corporation Counsel, and the Corporation Counsel shall be empowered to institute civil action in any court deemed proper by him/her for the recovery of any and all unpaid sewer service charge arrearages together with interest and penalties. Nothing contained in this section shall be construed to abrogate or impair rights and powers of the City of Newark to enforce any provisions within this Title; and the power conferred by this section shall be in addition and supplemental to other remedies available to the City of Newark.