[Adopted 10-2-1984 by Ord. No. 1841 (Ch. 210, Art. II, of the 1979 Code)]
As used in this article, the following terms shall have the meanings indicated:
APARTMENTS
Residential building housing more than four residential units.
[Added 5-11-2010 by Ord. No. 2585]
COMMERCIAL
Any user not classified elsewhere herein.
[Added 5-11-2010 by Ord. No. 2585]
DISCHARGE
Includes the causing or placing of material into the sanitary sewerage system of the City of Garfield.
GOVERNMENTAL
Any building or property owned by the City of Garfield which is utilized for nonresidential purposes and which is used solely for operation of and use by one of the various departments of City government including, but not being limited to, City Hall, the Department of Public Works, the Police Department, Garfield Recreation Center, the Garfield Senior Center, the various firehouses, the Garfield Ambulance Corp. building and other similar governmental uses. Any property owned or operated as an extension of the federal, state, county or municipal government which is used for residential purposes including all properties of the Garfield Housing Authority are not classified as "governmental" properties within the definitions set forth herein.
[Added 5-11-2010 by Ord. No. 2585; amended 4-11-2011 by Ord. No. 2606]
NOT-FOR-PROFIT
Users designated as 501c(6) or 501c(3) under the IRS Tax Code.
[Added 5-11-2010 by Ord. No. 2585]
PERSON
Includes individuals, corporations, partnerships, firms, estates and trusts and all other associations, including associations not for profit.
RESIDENTIAL
Any user where sole use of property is as a residential dwelling unit, including condominium units.
[Added 5-11-2010 by Ord. No. 2585]
SANITARY SEWERAGE SYSTEMS
Includes the pipes, conduits, valves, laterals, caps, heads, meters and appurtenant structures and equipment owned and maintained for the purpose of acceptance, distribution and disposal of sanitary waste.
SANITARY WASTE
Includes all liquid waste derived from industrial processes, and waste derived from dwellings, offices, buildings and sanitary convenience.
SIGNIFICANT INDUSTRIAL USERS
Users located within an industrial zone of the City of Garfield that generate wastewater other than domestic waste as a result of their operation, such as process water, cooling water, wash down, etc. Such users generating sufficient wastewater quantities to meet definitions established by the New Jersey Department of Environmental Protection (NJDEP) and/or the Passaic Valley Sewer Commission (PVSC) and shall meet all City, PVSC and NJDEP monitoring and reporting requirements.
[Amended 5-11-2010 by Ord. No. 2585]
USER
Includes all persons who dispose of effluent or discharge waste into the sanitary sewer system of the City of Garfield.
USER CHARGE
The debt service and administrative costs regularly charged to the City of Garfield by the Passaic Valley Sewerage Commission (PVSC). Debt service and administrative costs are all charges regularly provided by the PVSC which are not charges for volume flow, suspended solids or biochemical oxygen demand (BOD).
No person shall discharge into the sanitary sewer system of the City of Garfield, any sanitary waste, wastewater or industrial waste without the payment of a rental fee. Such fee shall be in addition to any direct billing as provided by the Passaic Valley Sewer Commission.
Every user of the City of Garfield sanitary sewer system shall, at all reasonable times, permit the inspection of their premises for purposes of determining compliance with this article. Refusal to permit inspection shall be deemed a violation of this article.
[Amended 5-11-2010 by Ord. No. 2585]
All users of the sanitary sewer system shall pay a rental fee to the City of Garfield for the discharge into the sanitary sewer system in addition to any separate billing of the Passaic Valley Sewer Commission based upon the following schedule of classification:
A. 
Classes of user. The following classes of user are hereby established:
(1) 
Residential.
(2) 
Apartments.
(3) 
Commercial.
(4) 
Governmental.
(5) 
Not-for-profit.
(6) 
Significant industrial user (SIU).
B. 
The rental charge for all classes of user shall be determined by § 265-37 of this article.[1]
[1]
Editor’s Note: Former Subsection C, Definitions, was incorporated into § 265-32, Definitions, 4-11-2011 by Ord. No. 2606.
[Amended 10-23-1984 by Ord. No. 1844; 5-11-2010 by Ord. No. 2585; 4-11-2011 by Ord. No. 2606; 9-26-2023 by Ord. No. 3012]
A. 
User fees. User fees are established as follows:
(1) 
Residential, annual charge:
(a) 
Single-family residential property: $70.
(b) 
Two-family residential property: $200.
(c) 
Three-family residential property: $400.
(d) 
Four-family residential property: $580.
(2) 
Apartments and condominiums:
(a) 
Condominiums: $70/unit.
(b) 
Multifamily apartment buildings (four residential units): $170/unit.
(c) 
Garfield Housing Authority property: $100/unit.
(3) 
Commercial users (classification of commercial property shall be based upon gallons used as determined by the Water and Sewer Facilities Manager):
(a) 
C1: $350.
(b) 
C2: $550.
(c) 
C3: $750.
(d) 
C4: $950.
(e) 
C5: $1,150.
(f) 
C6: $1,350.
(4) 
Governmental: All governmental users shall be exempt from charge.
(5) 
Not-for-profit:
(a) 
Annual charge: $200/unit.
(6) 
Significant industrial user:
(a) 
Annual charge: based upon PVSC standard utility method.
B. 
Late payments. Users will be subject to the payment of interest and penalties for payments received after the due date. Users will be assessed penalties in the manner establishes by the City for payment on late property tax payments.
C. 
Appeals. Users who believe that their classification has been improperly determined may appeal by submitting written documentation to the City Engineer.
[Added 7-12-2010 by Ord. No. 2592]
A. 
In the event that it is necessary to turn off or turn on the water services as a result of failure to make payments or for any other reason, a turn-off/turn-on charge in the amount of $75 will be imposed for each such event.
B. 
Interest on late payments as set forth in § 265-37 will be calculated as follows:
(1) 
On balances up to $1,500: 8%; and
(2) 
For balances in excess of $1,500: 18%.
[Added 10-23-1984 by Ord. No. 1844]
The user charge shall be billed quarterly and adjusted annually by the City of Garfield to accurately reflect the information as provided by the Passaic Valley Sewerage Commission.
An significant industrial user may request the installation of a sanitary sewerage flow meter, which meter shall measure the actual discharge. The meter shall be installed by the City of Garfield or the Passaic Valley Sewerage Commission. The cost and expense of such meter shall be paid by the particular user in advance of such installation.
The owner of any property on which there is located a privately owned well which is connected to a water system that ultimately discharges into the sanitary sewerage system of the City of Garfield must install and maintain, at the owner's expense, water meters on such wells for the computation of the sewer rental fee. Such water meter shall be of a type and design approved by the City Engineer and shall be installed within 30 days after the effective date of this article.
In the event that any sewer rental fee shall remain unpaid for a period of 30 days from the date it shall become due, it shall become a lien upon the lands and premises of the user, and the City of Garfield shall discontinue the discharge of such user.