Chapter 613 Water

For all taps on installations from the main to the curb stop made by the Water Department, the owner shall be charged the following amounts, to be paid to the Water Department at the time of the issuance of the permit: $3,206 per EDU.

[Amended 12-20-2021 by Ord. No. 2021-08; 12-28-2022 by Ord. No. 2022-14]

Type of Service	EDUs
Single-family dwellings	1
Single-family dwellings (with garbage disposal)	1 1/4
Apartments or multifamily dwellings (each unit charge)	1
Single-family dwelling (with business use)	2
Single-family dwelling (with medical or dental office)	2 1/2
Service station	1
Service station (with car wash facilities)	2
Diner, tavern; restaurant (for each seating capacity of 50 or part thereof)	3
Swim club	6
Schools (for each 28 student and faculty thereof)	1
Churches; clubs; nonprofit organizations	1
Hospitals and nursing homes (for each 5 patients and staff facilities)	1
Public buildings	1
Supermarkets (for each 6 employees)	1
For each commercial unit utilized by a separate owner or tenant or for first fixture unit or less	1
For each 2 additional fixture units or less (whichever of the above is greater)	1
Industrial plants (for each 5 employees)	1
Laundromat (for each 3 machines)	1
Water plants (for each 100,000 gallons discharged per quarter)	1
Or as specified by the DEP

No new service shall be installed under the size of a one-inch tap.

Any cost incurred by the Borough on installation from the main to the curb stop shall be borne by the applicant.

Building construction.

Persons desiring the use of water for building construction shall make application in the regular manner for service. Under no circumstances shall water for building construction be taken from the fire hydrants of the Borough. Charges for the use of water for building construction shall be $40 for single dwellings for each three months or a fraction thereof.

For structures other than single dwellings above-mentioned, rates shall be fixed and determined by the Water Department. All charges are payable at the time of the filing of the application for such service. The Department reserves the right to regulate the purpose for which the water may be used during construction and may, at its option, require the water to be metered. At least 48 hours' notice, excluding Saturday, Sunday and legal holidays, shall be given the Department before any of the above connections are made.

§ 613-8 Excavations; charge for renewed service. [1]

Service line. Excavating work and the furnishing and installing of the service line from the curb stop to the meter shall be done by the property owner or his agent. Such excavation and installation shall be at the expense and cost of the property owner.

Streets. No street shall be dug up, excavated or opened for the purpose of installing, repairing or renewing any service pipe, except by the Water Department.

Renewals. For any renewal of service line between the main pipe to the curb box, the owner shall be charged the following amounts, to be paid to the Water Department at the time of the issuance of the renewal permit:

[Amended 4-15-1981 by Ord. No. 81-2; 3-14-1985 by Ord. No. 85-4]

For a three-fourths-inch renewal: $300.

For a one-inch renewal: $400.

For a one-and-one-half-inch renewal: $500.

(4)

For a two-inch renewal: $700.

(5)

For a renewal over two inches: by contract.

Approval of Department. Excavation work and the furnishing and finishing and installation of the service line from the curb stop to the water meter and thence to the premises shall be subject to the inspection and approval of the Water Department.

Editor's Note: For excavation regulations, see Ch. 555, Streets and Sidewalks, Art. I, Excavations, Curbs and Driveways.

§ 613-9 Service lines.

Cost to be paid by property owner. Excavating work and the furnishing and installing of the service line from the curb stop to the meter shall be done by the property owner or his agent. Such excavation and installation shall be at the expense and cost of the property owner.

Regulations for installations. All domestic service lines shall be three-fourths-inch Type K copper tubing. One joint made with a flared copper coupling, if necessary, shall be allowed between the curb stop and the meter. All service lines for commercial buildings, garages, large residences, etc., shall be of a size and material designated by the Water Department. In general, service lines up to and including two inches shall be the extra-heavy copper tubing, Type K, and service lines of larger size shall be cast-iron pipe. No soldered joint shall be permitted underground.

Trench regulations. All trenches for service lines shall not be less than three feet in depth and at right angles to the curbline. The trench shall be at a different level and shall be separated by at least two feet from sewer, sewage lateral drains, gas pipes, electric and telephone wires or conduits or other pipes of any nature. The completed service, including piping line, shall remain open until inspected and approved by a representative of the Water Department. At least 24 hours' notice shall be given the Water Department for the purpose of inspecting this work.

Responsibility of property owner. The property owner shall be responsible for the maintenance of the service line from the curb stop to the meter. The property owner shall keep same in good repair and protect it from damage due to frost or other causes and shall be held liable for damage or loss of water resulting from failure to do so. All leaks in the service lines shall be reported promptly to the Water Department and repaired by the property owner. If repairs are not so made, the water shall be shut off by the Water Department and shall not be turned on again until the line is put in serviceable condition and until all charges for damages and loss of water have been paid.

Turn water off at curb stop. No person, except an employee of the Water Department, shall turn water on or off at the curb stop.

Permission for multiple establishments. Permission shall not be granted to supply two or more dwellings, manufacturing establishments or other places from a single service line, except upon written application therefor and the official approval thereof by the Mayor and Council of the Borough.

§ 613-10 Meters.

Meter required. All connections shall be metered, and a use of water without a meter makes the property owner liable for an amount of water consumed as estimated by the Department in addition to any penalties imposed under this chapter. The Borough, upon repeated offenses, may order the water supply to be discontinued.

Location of meter.

The location provided by a property owner for a water meter shall be readily accessible for reading and maintenance purposes and shall be such as to offer adequate protection against damage to the meter. All meters shall be installed in the cellars of buildings, and if no cellars are under the buildings, then in a utility room. Stop and drain valves shall be provided by the property owner on each side of and directly adjacent to the meter yoke.

No fixture of any kind from which water might be drawn shall be placed on the street side of a meter. The meter shall not be installed unless the location and facilities provided for the meter meet the approval of the Department.

Tampering with meters. No person, except an employee of the Department, shall connect, disconnect, repair, adjust or tamper in any way with a water meter.

Meter yoke. A meter yoke shall be provided by the Water Department at the expense of the property owner, and the cost of the meter yoke shall be paid for at the time of filing of an application for water service.

Failure of meter to register properly.

Failure of a meter to register properly shall be reported immediately, in writing, to the Water Department. Charges for water during the period of failure shall be computed on the basis of the average consumption over a reasonable period prior to the failure.

Should the consumer feel that a meter is not registering properly, the consumer may file a complaint, in writing, with the Water Department, whereupon the meter will be removed and tested by the Department. If it is found to register against the consumer by more than 3%, there will be no charge for removing, repairing and resetting the meter. If, however, it is found that the meter does not register against the consumer by more than 3%, the consumer will be charged the actual cost to perform such test by the Water Department. The Water Department shall have the right to make periodical tests of any or all meters at no cost to the consumer.

[Amended 12-21-1989 by Ord. No. 89-13]

§ 613-11 Rates; payments and billings; discontinuance of service; fire hydrants; water emergencies.

Due to the negligence of the consumer in properly maintaining and protecting the consumer's meter or Borough water equipment, a consumer shall be charged $100 per service call, in addition to any required replacement equipment and an estimated charge for the average consumption of water estimated to have been used over a reasonable prior period attributable after the failure of the meter or other causes of water loss or interruption to accurately reflect the actual water usage, which shall be calculated using industry standards. Any consumer may appeal any of the charges as provided for in this section to the Borough Council.

[Added 12-21-1989 by Ord. No. 89-13]

Access to premises. The Water Department shall have access at all reasonable hours to the premises connected to the water distribution system for the purpose of inspecting and maintaining water meters and associated equipment. The hours between 8:00 a.m. and 6:00 p.m., except Sundays and legal holidays, shall be considered reasonable hours for this purpose.

Meters to be property of Borough. All water meters shall be the property of the Borough. The size of meters to be attached to water connections shall be as required by the Water Department. The consumer shall take all proper precautions to protect the meter from injury, frost and damage from hot water or steam. The owner of premises will be held liable for all damage or loss to the Water Department from failure to properly care for and protect the meters.

Size of meters. Meters for normal domestic service connections shall be five-eighths-inch to three-quarter-inch size. Meters other than that size shall be of the size corresponding to the size of the service line installed to the premises. The meter shall be furnished and installed by the Water Department at no cost to the property owner. The meter shall be read quarterly by the Water Department.

[Amended 2-17-1982 by Ord. No. 82-2; 10-11-1984 by Ord. No. 84-8; 3-14-1985 by Ord. No. 85-1; 3-29-1988 by Ord. No. 88-9; 8-8-1989 by Ord. No. 89-12; 12-11-1991 by Ord. No. 91-10; 9-9-1993 by Ord. No. 93-9; 12-29-1997 by Ord. No. 97-14; 3-8-2000 by Ord. No. 2000-04; 1-10-2007 by Ord. No. 2006-26; 2-28-2007 by Ord. No. 2007-02]

Persons subject to rules. Any person receiving a supply of water for any purpose from the Water Department shall be subject to the rules and regulations as set forth herein or by special or additional rules and regulations which may be adopted by ordinance or resolution.

Owners liable for rent. The owner of any house, tenement, building or lot shall be liable for the payment of the price or rent as fixed herein or by the Borough Council for the use of water and for the installation, purchase price, repair and testing of any water meter, water service, connections, appliance or parts and renewals thereof, heretofore or hereafter furnished or made by the Water Department in or upon such house, tenement, building or lot or connecting with such house, tenement, building or lot and the interest and penalties charged; and such price or rent or other costs, expenses, interest and penalties as fixed herein shall be a lien upon the house, tenement, building or lot until the same shall be paid and satisfied.

Payments to be paid to Water Department. Payment for use and consumption of water and for all other charges incurred shall be paid to the Water Department.

Minimum charge. The annual water rates effective October 1, 2014 shall be as follows:

[Amended 4-15-1981 by Ord. No. 81-2; 8-4-1981; 2-17-1982 by Ord. No. 82-2; 10-11-1984 by Ord. No. 84-8; 12-11-1991 by Ord. No. 91-10; 12-29-1997 by Ord. No. 97-14; 3-8-2000 by Ord. No. 2000-04; 6-16-2009 by Ord. No. 2009-09; 9-29-2014 by Ord. No. 2014-05]

Minimum charge for the first chargeable unit by meter size per quarter for the first 10,000 gallons of water:

Meter Size (inches)	Rate Effective October 2014	Rate Effective October 2015	Rate Effective October 2016
5/8 and 3/4	$60	$62.50	$65
1	$105	$110	$115
1 1/2	$280	$290	$300
2	$450	$465	$480
Larger than 2	By contract	By contract	By contract

The fixed minimum charge defined in the above table is per quarter for each unit receiving a supply of water from the Borough water system. Each such "unit" is hereby defined as being each separate store, each separate apartment, each separate office, each separate dwelling, each separate living accommodation and each separate premises used for a single and separate purpose.

In addition to the fixed minimum charge for 10,000 gallons used, the following excess rate shall be charged quarterly:

(a)

The excess water charges effective October 1, 2014, shall be as follows:

Effective October 2014	Effective October 2015	Effective October 2016
$5.70 per thousand gallons	$5.85 per thousand gallons	$6 per thousand gallons

(4)

The measurement of water used by a reading of the meter shall be to the nearest 1,000 gallons.

Billings.

Billings for water service or water used will be rendered quarterly on or before the 15th day of the month following the quarter for which the charges are made and shall be due and payable on the date of rendition thereof. Such quarterly billings will be on or before the 15th of January, April, July and October.

(a)

The amount of the water bill will be combined with the amount of the sewer bill and be one total due and payable.

[Added 9-9-1993 by Ord. No. 93-9]

Bills remaining unpaid for 30 days after the same are rendered shall be subject to a late charge of $3 for each three-month period of delinquency, plus interest for the period of delinquency at a rate of 18% per annum. The late charge will be $3 per quarter, the total amount to be assessed as a late charge for any individual quarter shall not exceed $3.

[Amended 10-11-1984 by Ord. No. 84-8]

Bills shall cover three-month periods.

(4)

In the event the charges for sewerage and/or water service combined single billing are not paid within 45 days after the bills for such service are rendered, a first-notice letter will be sent to the owner of the premises and/or tenant, stating that the combined total is past due. After the account ages 60 days and no payment is made, a second notice will be sent, advising that the balance is delinquent and payment must be made immediately. If the account ages 75 days, final notice will be sent by certified mail, stating that if the account is not paid within 10 days the water will be shut off and/or disconnected at the owner's expense and at the Borough of Englishtown's option. The owner will have a right to request a hearing before Borough of Englishtown Public Utilities Committee. Said hearing must be requested, in writing, to the Borough Clerk prior to the final ten-day notice of termination of service.

[Amended 2-28-2007 by Ord. No. 2007-02]

(5)

If service is terminated, a copy of said termination notice will be sent to the Board of Health and the Englishtown Code Enforcement Officer.

(6)

A reconnection charge of $100 will be imposed to reconnect the service and an advance deposit of two quarters may be required prior to reconnection on the advice of the Utilities Committee and approval of Borough Council.

[Amended 8-8-1989 by Ord. No. 89-12; 9-9-1993 by Ord. No. 93-9]

Right of Council to change rules and regulations.

The right is reserved to the Borough Council to change the rules and regulations for the use of water, to shut off the water for alterations, inspections, repairs and nonpayment of charges and to restrict the supply of water whenever it may become necessary, and all permits shall be granted upon the express condition that if, from any cause, the supply of water should fail, the Borough shall not be held liable for any damage which may arise in consequence thereof.

The right is also reserved to the Council to restrict the use of garden hoses, sprinkler devices and any other use of water on the exterior or interior of any building, either exclusively or during restricted hours in the event of emergency situations or periods when the supply of water is determined to be below a safe minimum.

Discontinuance of service.

When requested by the owner or its agent, the Water Department shall discontinue service to a property. A turn-on charge of $4 shall be made when the service is restored. A service discontinued for a period of two years shall be considered abandoned.

[Amended 4-15-1981 by Ord. No. 81-2; 8-4-1981]

No adjustment of water charges due to failure of the Water Department to disconnect or restore water service as requested by an owner shall be made unless the request for discontinuance or restoration is in writing and duly filed with the Water Department.

Free access to fire hydrants. No person shall in any manner obstruct to 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 15 feet of any fire hydrant. Any obstructions, when discovered, shall be removed at once by the Water Department at the expense of the person responsible for the obstructions.[1]

Editor's Note: For provisions regarding obstructions generally, see Ch. 555, Streets and Sidewalks.

Scarcity of water. In case of prolonged scarcity of water from any cause, the Department reserves the right upon public notice to have the use of water for hose and sprinkling purposes suspended or restricted and to limit the watering of lawns to odd and even days to maintain enough capacity for fire protection in the water tanks.

Piping charges. Any necessary changes in piping between the curb stop and the premises due to corrosion or otherwise, valves or connection and all material and labor used to increase the water supply or efficiency thereof must be made by the property owner at his own expense, subject to inspection and approval of the Department.

§ 613-12 Thawing of pipes.

No company shall undertake the thawing of water service pipes or mains by the use of electric current without authorization of the Department.

§ 613-13 Use in fire protection. [1]

[Amended 9-10-1997 by Ord. No. 97-10; 1-10-2007 by Ord. No. 2006-26]

Private. When in the judgment of the Borough Council it is practical, private fire service mains may be allowed for hydrants, hose connections or sprinkler systems, for which a flat or metered rate, at the option of the Borough Council, shall be charged, subject to special contract and special rules and regulations governing such service as may be laid down by the Borough Council. The Borough Council reserves the right to order a meter placed in any such connections.

General.

No person, unless authorized by the Water Department, shall take water from any public fire hydrant, except for fire purposes. No fire hydrant shall be used for sprinkling of streets, flushing sewers or gutters or for any other than fire purposes.

The Chief of the Fire Department and his assistants are authorized to use the fire hydrants for emergency fire purposes and with due care, but all such uses shall be under the supervision and direction of the Chief or his assistants, and in no event will an inexperienced or an incompetent person be permitted to manipulate or control in any way any fire hydrant.

All fire hydrants hereinafter installed shall be equipped with a shutoff gate valve between the water main and the hydrant.

§ 613-14 Restrictions on plumbers; boiler connections; grounds for discontinuance of service.

Editor's Note: For related provisions, see Ch. 54, Fire Department; Ch. 363, Fire Prevention: and Ch. 555, Streets and Sidewalks, § 555-10.

Plumber.

Any person doing any plumbing work in connection with the installation and maintenance work of a service line connected to the water distribution system shall be registered with the Water Department of the Borough by completing the required form at the office of the Water Department.

The plumber shall report without delay to the Water Department all violations of this chapter and of the rules and regulations of the Department which come to his attention.

The plumber shall be considered as agreeing to indemnify and save harmless the Borough and the Water Department from all accidents and damages consequent upon his work, whether such work is done by him personally or under his direction.

Where direct boiler connections, high-pressure steam boilers or boiler feed pumps are connected directly with the service connection, depending upon the pressure in the mains for supplying such boilers or pumps, without intervening tank or receptacle, two factory mutual check valves shall be placed in the feed pipe in addition to the controlling valve. Neither the Borough nor the Water Department will be responsible for any accident or damages resulting from any direct connection from any cause whatever.

General rules.

Water service may be discontinued for any of the following reasons:

(a)

For the use of water for any other property or purpose than that described in the application.

(b)

For willful waste of water through improper or imperfect pipes, fixtures or otherwise.

(c)

For failure to maintain in good order connections, service lines or fixtures owned by the consumer.

(d)

For molesting, tampering or attempting to molest or tamper with any service pipe, curb stop, seal, water meter or any other appliances of the Water Department.

(e)

For refusal of access at reasonable hours to property for purposes of inspecting or for caring for or repairing or removing meters.

(f)

Any person who shall use any water of the Water Department that does not pass through a meter, without permission of the Water Department or as herein otherwise allowed.

(g)

For nonpayment of bills for service rendered or water consumed and fines and penalties imposed, or for any other reason causing or tending to cause a loss in the Water Department.

§ 613-15 Limitation of water use by Department.

In no case shall the water service be restored until the defects have been remedied and the bills due and fines or penalties imposed and a fee of $10 to cover the cost of shutting off and turning on of water have been paid. Furthermore, the owner of the premises shall be liable for any loss sustained by the Department as a result of such defects.

[Amended 4-15-1981 by Ord. No. 81-2]

The Water Department reserves the right to decrease or limit the quantity of water used whenever in its judgment upon public notice it is necessary or expedient to do so. The Borough is not responsible for damages by reason of the failure to supply water insofar as it may affect any property or use thereof.

§ 613-16 Abandoned service; reconnection fees.

[Amended 4-15-1981 by Ord. No. 81-2]

Where a service is abandoned, the owner shall so notify the Clerk of the Water Department, and the water meter shall be removed. Thereafter, a new application in writing to the Clerk of the Water Department shall be made if the service is to be reinstated, at which time its agent shall determine whether a new service connection and curb box is required, and, if so, charges for same shall be made as herein provided for at a cost similar to the installation of a new service. Where the existing original service connection and curb box is in accordance with the requirements herein and is in good repair, a fee of $100 shall be paid by the owner for reconnection for a five-eighths-inch meter or a fee of $30, plus the cost of the meter, shall be paid for a meter larger than five-eighths inch.

Where service is abandoned at the convenience of and request of the Water Department, the Water Department reserves the right to charge less than the rates herein provided at its sole discretion.

§ 613-17 Unauthorized use.

No plumber, owner or occupant of a premises shall turn on water to any premises in cases where water has been turned off for nonpayment of water, rent or other cause.

§ 613-18 Complaint procedure.

Complaints with regard to the character of the service furnished or the reading of meters or of the bills rendered must be made at the business office of the Water Department, in writing, and a record of such complaint will be made, giving the name and address of the complainant, the date, the nature of the complaint and the remedy.

§ 613-19 Integrity of system to be maintained.

No cross-connection or interconnection connecting pipelines or facilities of the water system with other pipelines or facilities supplying water from other sources shall be permitted.

§ 613-20 Refrigeration systems; air conditioners.

For all existing water-cooled refrigeration systems having no cooling-water recovery system, $150 per year over and above the water rates hereinabove set forth, payable annually by June 1, commencing July 6, 1964.

[Amended 4-15-1981 by Ord. No. 81-2]

For all existing air conditioners using cooling water without a recovery system, $16 per ton of rated capacity per unit per year over and above the water rates hereinabove set forth, payable annually by June 1, commencing June 1, 1965.

[Amended 4-15-1981 by Ord. No. 81-2]

A "cooling-water recovery system" is one that recovers at least 90% of the cooling water. Cooling towers or other types of water conservation devices shall be required in all future installations of water-cooled refrigeration systems and air-conditioning units.

§ 613-21 Future developments and subdivisions. [1]

Future developments or subdivisions within the Borough shall be supplied with water from the Borough water system. Water mains and facilities shall be installed by the property owner at his expense and after installation shall be owned and maintained by the Borough. Plans for all such future developments, subdivisions and extensions shall first be submitted to the Mayor and Council for their approval or disapproval upon consultation with the Consulting Engineer of the Borough.