[Adopted 6-18-2024 by Ord. No. 3553]
[Amended 5-6-2025 by Ord. No. 3581]
A. 
The Sewer Department may construct and charge all residential new and/or upgrade/renewal sewer lateral from the sewer main to the curb, at depths no greater than five feet, subject to the availability of resources and scheduling demands. The following fees are payable by the property owner:
Sewer Lateral Line
(Main to Curb)
Installation Fee
New Connection Fee
4-inch PVC
$7,500
$1,000
B. 
The Nutley Sewer Department, at its sole discretion, is not obligated to perform the work and may choose to allow the property owner to perform this work using a master plumber, provided all required permits are secured, all applicable connection and inspection fees are paid, and necessary road opening permits are obtained as outlined in this article.
C. 
The Nutley Sewer Department shall have the exclusive right to determine whether any previously installed sewer lateral connection is adequate for the new or renewal sewer service. If not, the Nutley Sewer Department may determine that a new sewer lateral must be installed, and a fee paid at the rate set forth in this article.
D. 
The Nutley Sewer Department and/or Nutley Code Enforcement Department may require all new construction or substantially improved properties to upgrade the sewer service based on applicable local, state and federal building code requirements and standards.
E. 
Only one sewer lateral connection to the municipal sewer main will be allowed for each property.
[Amended 5-6-2025 by Ord. No. 3581]
A. 
Definitions. Whenever used in this article, the following terms shall be used for determining sewer billing rates and classifications and have the following meanings:
AVERAGE BILLING
Shall mean a method of billing for the third quarter (summer) based on the prior year's average water consumption in months or quarters. Average billing shall only apply to Residential Tier I properties.
COMMERCIAL PROPERTY
A property used primarily for business, retail, office, or income-generating purposes, including but not limited to office buildings, shopping centers, restaurants, and mixed-use properties containing both commercial and residential units.
GOVERNMENT PROPERTY
A property owned or operated by a local, state, or federal government entity, including municipal buildings, public infrastructure facilities, and government offices.
INDUSTRIAL PROPERTY
A property used for manufacturing, processing, distribution, or warehousing, including factories, assembly plants, and large-scale production facilities.
MEDICAL PROPERTY
A property used for healthcare services, including hospitals, clinics, medical facilities, nursing homes, urgent care centers, assisted living facilities, rehabilitation facilities, medical office buildings and any other healthcare-related establishments.
NON-PROFIT PROPERTY
A property owned or operated by a 501(c)(3) or other recognized non-profit organization, including religious institutions, charitable organizations, community service facilities, and other non-profit organizations that are classified as tax-exempt by the tax assessor.
NON-SANITARY-SEWER DISCHARGE
Shall mean water used for purposes that do not discharge into the sanitary sewer system, such as irrigation, filling of pools, or other outdoor uses. This specifically includes, but is not limited to:
(1) 
Landscape irrigation systems.
(2) 
Swimming pool filling and maintenance.
(3) 
Decorative fountains and water features.
(4) 
Garden watering.
(5) 
Car washing.
(6) 
Other outdoor water usage that does not enter the sanitary sewer system.
RESIDENTIAL TIER 1
A residential property consisting of one to four dwelling units, including single-family homes, duplexes, triplexes, fourplexes and townhouse dwellings where each township unit has an individual water meter and account provided by the Township of Nutley.
RESIDENTIAL TIER 2
A residential property under a condominium or cooperative association where each unit does not have its own individual water meter and account provided by the Township of Nutley.
RESIDENTIAL TIER 3
A residential property consisting of five or more dwelling units, including apartment buildings, garden apartments and other multifamily housing developments.
SCHOOL PROPERTY
A property used for educational purposes, including public and private schools, colleges, universities, and technical institutions.
SEWER DEDUCTION WATER METER
Shall mean a water meter installed in addition to the primary water meter, specifically used to measure water usage that does not discharge into the sanitary sewer system. Such meters shall be separate from and in addition to the primary water meter serving the property.
B. 
All owners of property, including, but not limited to, residential, commercial, industrial, institutional, including nonprofit and religious, including their tenants shall be required to use the sanitary sewer system. Such owners shall be charged a sanitary sewer charge consisting of a distribution system improvement charge, base sewer charge and usage sewer charge for the use of the sanitary system of the Township of Nutley as per the below table, determined by the amount of water supplied by the Township of Nutley or by such other system supplying water to the user, as reflected in the water meter readings for said property.
The rates to be charged to consumers for sewer usage are established by the Township of Nutley Board of Commissioners and are as follows:
Distribution System Improvement Charge
Base Sewer Charge
(First 500 cu. ft.)
Usage Sewer Charge
(Each additional 100 cu. ft.)
Residential Tier 1
$5.76
$30.00
$5.30
Residential Tier 2
$7.88
$45.00
$9.00
Residential Tier 3
$10.00
$55.00
$10.50
Commercial
$10.00
$55.00
$10.50
Government — Municipal
N/A
N/A
N/A
Government — County
$10.00
$55.00
$10.50
Government — State
$10.00
$55.00
$10.50
Government — Federal
$10.00
$55.00
$10.50
Schools, Public (Township)
N/A
N/A
N/A
Schools, Private
$10.00
$55.00
$10.50
Industrial
$10.00
$55.00
$10.50
Non-Profit
$5.76
$30.00
$5.30
Medical
$10.00
$55.00
$10.50
C. 
All water consumption readings for each owner (including the owner's tenants) shall be those obtained by the Township of Nutley.
D. 
Sewer charges shall be paid quarterly by the owner of the real property for the use of the Township's Sanitary Sewer System.
E. 
Adjustment of bills.
(1) 
The Nutley Sewer Department shall be authorized to adjust the sanitary sewer user charge bills which are irregular due to their being extraordinarily high, based on a temporary situation in the following circumstances:
(a) 
Where the property owner can demonstrate that the meter reading was a reflection of a leak or other condition which was repaired, and the water leakage did not go into the sanitary sewer system, then the Director of the Department of Public Works or their designee shall have the authority to adjust the sewer bill to account for the irregularity.
(b) 
Where the property owner can demonstrate that the meter reading was a reflection of a leak or other condition that has been repaired, and the water has gone into the sanitary sewer system, then the Director of the Department of Public Works or their designee shall have the authority to adjust the sewer bill up to a maximum of one billing cycle.
(2) 
No user shall be entitled to more than one adjustment in any five-year period, unless the user can demonstrate extraordinary circumstances justifying an additional adjustment. Any requests for adjustments pursuant to this section must be made in writing to the Nutley Water and Sewer Department within 30 days of the date of the bill for which the adjustment is being sought or the request will not be considered.
F. 
Credit for non-sewer water usage. This subsection establishes the requirements, eligibility criteria, and procedures for applying an average billing adjustment or installing a sewer deduction water meter to account for non-sewer-related water usage for residential properties within the Township.
(1) 
Eligibility. Eligibility for the average billing adjustment or sewer deduction water meter shall be limited to properties that meet the following criteria:
(a) 
Documented water usage history in the Township's billing system, including a minimum of 24 consecutive months of water usage with no gaps in billing history.
(b) 
The property is in good standing with Township utility accounts, demonstrated by:
[1] 
No outstanding utility balances.
[2] 
No history of payment delinquency within the previous 12 months.
[3] 
Compliance with all other Township utility regulations.
(2) 
Average billing. Average billing shall only apply to Residential Tier I properties. The sewer bill for the third quarter shall be calculated based on the average water consumption from the previous year (January through December.) The average billing will be the default method for determining sewer charges for the non-sanitary-sewer discharge, unless the property owner submits a request for the installation of a sewer deduction water meter to measure such usage. This request must be made on forms provided by the Nutley Sewer Department. If the actual water consumption for the third quarter is lower than the average billing, the lower actual consumption amount will be used to calculate the sewer charge for that quarter.
(a) 
The average billing method shall be subject to the following:
[1] 
Annual review and adjustment as necessary.
[2] 
Verification of continued eligibility for participation.
[3] 
Compliance with all program requirements.
[4] 
Review of payment history and usage pattern.
(b) 
All other quarters will be billed based on the actual water consumption for that period.
(3) 
Sewer deduction water meter. When a property utilizes water for non-sewer-related purposes, such as irrigation, lawn and garden care, or filling of swimming pools, and the water is not discharged into the Township's sanitary sewer system, the amount of water used for these purposes may be excluded from the sewer charge calculation.
(a) 
Billing.
[1] 
The exclusion of water used for non-sewer-related purposes will only apply if the water usage is measured by a secondary water meter that:
[a] 
Is approved by the Township Water Department.
[b] 
Is installed at the property owner's expense and in accordance with the specifications and installation requirements set forth by the Township Water Department.
[2] 
The sewer charge to be paid by the property owner for sewer service to the property shall be calculated in accordance with the rates established in § 585-58, based on the quantity of water received as measured by the primary water meter, minus the quantity of water measured by the sewer deduction water meter and that is not discharged into the Township's sanitary sewer system.
(b) 
Installation and specifications.
[1] 
All sewer deduction water meters installed under this section shall comply with the specifications and installation requirements set forth by the Township Water Department.
[2] 
The property owner shall be solely responsible for all costs associated with the sewer deduction water meter, including but not limited to the cost of the meter, installation, materials, labor, and any required permits.
[3] 
The property owner shall be responsible for the maintenance, repair, and safekeeping of the sewer deduction water meter. All repairs, including those resulting from ordinary wear and tear, shall be made by the property owner at its sole expense.
[4] 
Any costs for repairs or maintenance of the sewer deduction water meter performed by the Township on an emergency basis shall be due and payable in the same manner as sewer charges, subject to the same payment terms and penalties.
(c) 
Violations.
[1] 
Any of the following actions shall constitute a violation of this section and may result in penalties, fines, or termination of the sewer deduction water meter program:
[a] 
Meter tampering: Any attempt to alter, damage, or interfere with the sewer deduction water meter, including but not limited to tampering with the meter itself or its components.
[b] 
Bypass installation: The installation or use of any device or system designed to bypass the sewer deduction water meter or interfere with its function.
[c] 
System modifications: Unauthorized modifications to the water meter system, including any alterations or adjustments made to the meter or related equipment without prior approval from the Township Water Department.
[d] 
Manipulation of equipment: Any manipulation or alteration of the sewer deduction water meter or its components with the intent to falsify water usage or avoid proper billing.
[e] 
Unauthorized sewer discharges: Any discharge of water, whether metered or not, into the Township's sanitary sewer system that has not been properly accounted for or is inconsistent with the established procedures for sewer deduction water meter use.
[2] 
Any person, firm, or corporation that violates any of the provisions set forth in this section may be subject to corrective actions, including but not limited to the revocation of the sewer deduction water meter, fines, or additional charges as outlined in this article.
G. 
All bill and/or credit adjustment requests shall be made to the Township of Nutley Department of Public Works on forms available from the Township of Nutley Department of Public Works.
H. 
In all cases in which users of the Nutley sewer system are not supplied with water from the Township of Nutley, the charges for the use of the sewer system shall be based upon the actual discharge as measured by a meter to be installed by the consumer; provided, however, that when in the judgment of the Municipal Engineer such charges may be reasonably and accurately estimated, the initial charges may be based upon Municipal Engineer's estimate of actual discharge volume.
I. 
In any other case when the charges for sewer services cannot be reasonably measured based upon water consumption during the measuring period, the initial and any subsequent charges shall be based upon an estimate prepared by the Municipal Engineer, which may be revised from period to period.
J. 
Conveyance fee. All owners of properties outside of the Township of Nutley that do not receive water from the Township of Nutley but discharge their sewage through the Nutley sewer system shall be subject to the same system improvement charge, base and usage charges consistent with this article.
K. 
Any sanitary sewer user charges not paid by the due date shall be charged interest at the same rate and in the same manner as unpaid delinquent taxes. All charges, interest or penalties, as established herein, shall be and remain a lien upon the property served by the sanitary sewer system, in the same manner as all other taxes and municipal charges upon real estate under the laws of the State of New Jersey. The Township of Nutley shall have the same remedy for the collection thereof as fixed by the Township, as the Township now has or may hereafter have under the laws of the State of New Jersey, for the collection of taxes and other municipal liens upon real estate.
A. 
No person shall discharge sewage into the Township's sanitary sewer system in connection with discharges resulting from dewatering or pump and treat operations that do not require a permanent sewer hookup without first obtaining a one-time sewer discharge permit from the Department of Public Works.
B. 
Fees shall be charged to each applicant as follows:
Gallons
Fee
Up to 5,000
$500
5,001 to 10,000
$1,000
10,001 to 25,000
$1,500
25,001 to 50,000
$2,000
50,001 to 75,000
$2,500
75,001 to 100,000
$3,000
Over 100,000
$3,000 plus the cost increment listed above
A violation of any of the provisions of this article or any permit issued under the authority of this article may result in the termination of this permit and/or the termination of the authority to discharge into the system.
This article shall be enforced by the Township of Nutley Department of Public Works, Nutley Sewer Department and/or the Municipal Engineer.
Any person, firm or corporation who violates any of the provisions of this article shall, upon conviction thereof, pay a fine not exceeding $500 and/or imprisonment for a term not to exceed 90 days, or both in the discretion of the municipal Court Judge. Each day on which a violation of any provision of this article exists shall constitute a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Judge may determine.
No ordinance heretofore adopted by the municipality shall be affected by this article except that, if any provision of the prior ordinances is in conflict with the provisions of this article, the provisions of this article shall control.