Whenever used in the within article, the following
terms shall have the following meanings:
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable fat if
it is properly pretreated and the wastewater does not interfere with
the collection system.
IRRIGATION SYSTEM
Any assemblage of components, materials or special equipment
constructed and installed for controlled dispersion of water from
any safe and suitable source, including properly treated wastewater,
for the purpose of irrigating landscape vegetation or the control
of dust and erosion on landscape areas, including drip irrigation
systems, integral pumping systems or integral control systems for
manual, semi-automatic or automatic control of the operation of these
systems.
[Added 3-3-2009 by Ord. No. 6800-09]
NATURAL OUTLET
An outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lace or other body of surface or
ground water, including the Passaic River or any of its tributaries.
NON-TIER II USER
All users of the sanitary sewer system that are not monitored
separately by the Passaic Valley Sewerage Commission (PVSC) as a Tier
II User.
[Added 3-3-2020 by Ord. No. 7572-20]
SANITARY SEWER SYSTEM
The structures, equipment, and processes required to collect
and transport wastewater from all sources, including residential,
commercial, industrial and institutional, including nonprofit and
religious users.
[Added 2-4-2008 by Ord. No. 6714-08;
amended 8-6-2008 by Ord. No. 6755-08]
SEWAGE
The spent water of a community. The preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
STRENGTH OF WASTE
A measurement of suspended solids and/or biochemical oxygen
demand and/or chemical oxygen demand and/or any other parameter determined
by the Passaic Valley Sewerage Commissioners (PVSC) as a fair indicator
of the relative use, other than volumetric, of PVSC facilities by
industrial wastes.
SWIMMING POOL
A water-filled enclosure, permanently constructed and having
a depth of more than 18 inches below the level of the surrounding
land, or above-surface pool having a depth of more than 30 inches,
designed, used and maintained for swimming.
[Added 3-3-2009 by Ord. No. 6800-09]
TIER II USER
All users of the sanitary sewer system that are monitored
by the Passaic Valley Sewerage Commission (PVSC) for biological oxygen
demand (BOD) and total suspended solids (TSS) usage for which the
PVSC calculates and provides to the City a separate bill/invoice of
the respective user's treatment costs, commonly referred to as the
Tier II user charge.
[Added 3-3-2020 by Ord. No. 7572-20]
WASTEWATER
The spent water of the community. From the standpoint of
source, it may be a combination of the liquid and water-carried wastes
from residences, commercial buildings, industrial plants, and institutions,
together with any groundwater, surface water, and stormwater that
may be present.
[Added 2-4-2008 by Ord. No. 6714-08;
amended 8-6-2008 by Ord. No. 6755-08]
[Amended 1-20-2004 by Ord. No. 6391-04]
A. It shall be unlawful to discharge into any natural
outlet within the municipality the following:
(1) 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.
(2) Wastes that may create a fire or explosion hazard
in the sewer or wastewater facility such as gasoline, fuel oil, cleaning
solvents, etc.
(3) Wastes that may impair or cause to impair the hydraulic
capacity of the sewer system such as ashes, sand, metal precipitates,
etc.
(4) Wastes at a flow rate which is excessive over a relatively
short time period so that there is a treatment process upset and substantial
loss of treatment efficiency.
(5) Wastes below a pH of five unless the line is designed
to accommodate such waste.
(6) Any discharge of radioactive wastes or isotopes of
such half-life or concentration as may exceed limits established by
the Passaic Valley Sewerage Commission (PVSC) in compliance with applicable
state or federal regulations.
B. The following wastes may not be discharged without
special permission from the PVSC, upon a determination by the PVSC
that the discharge would not be detrimental to the system:
(1) Any discharge in excess of 150° F. (65° C.).
(2) Any discharge containing more than 100 milligrams
per liter of mineral oil or grease.
(3) Any discharge containing floatable oil or grease.
(4) Any discharge of heavy metals or any other toxic materials
in toxic amounts, which amounts are to be established by the PVSC.
(5) Any discharge quantities or flow or concentration
which shall constitute a sludge.
(6) Wastes with pH outside the limits of 5.0 to 9.0.
[Amended 7-16-1991 by Ord. No. 5517-91]
No person shall make connection of 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 the purpose of disposal of polluted surface
drainage. An administrative fee of $50 shall be paid to the municipality
for said approval.
[Added 10-5-2004 by Ord. No. 6440-04]
A. In addition to any other applicable fees, charges
and costs otherwise set forth or referred to in the Code of the City
of Clifton or otherwise imposed by law, there shall be imposed a one-time
sewer connection fee for each house, building or, in the case of a
multiunit building for each individual unit, residential or nonresidential,
to be serviced by any new connection to the public sewer.
B. The purpose of such sewer connection charge is to
provide for a fair payment toward the capital cost of the public sewer
system pursuant to N.J.S.A. 40:26A-11.
C. The fee per each house, building or, in the case of
a multiunit building, each unit, residential or nonresidential, shall
be determined by calculating the average gallons per day (GPD) flow
for such use in accordance with the regulations of the New Jersey
Department of Environmental Protection and multiplying such number
times $0.25 and adding $25.
D. The fee shall be paid in full to the City of Clifton
prior to the issuance of a construction permit issued in accordance
with the Uniform Construction Code. In the event a connection is made without prior payment
thereof for any reason, the sewer connection fee shall constitute
a first lien upon the benefitted property and shall bear interest
as set forth in N.J.S.A. 40A:26-12 and as otherwise provided by law.
This shall be in addition to any violations, penalties or other remedies
otherwise provided for.
E. In addition
to the above fees, there shall be charged each applicant a fee of
$300 for engineer’s review of application and inspection.
[Added 1-5-2010 by Ord. No. 6857-09]
[Added 3-15-2007 by Ord. No. 6661-07; amended 1-5-2009 by Ord. No. 6788-09; 7-20-2010 by Ord. No. 6894-10; 1-4-2011 by Ord. No. 6920-11]
A. Each property
owner shall maintain and be responsible for the proper upkeep, repair
and/or replacement of the sewer lateral from the public right-of-way
to the building.
B. In the
event of a blockage, the property owner shall either immediately clean
it or retain a private contractor, at its sole cost and expense, to
clean the sewer lateral.
C. In the
event a residential property owner requests the City of Clifton to
clean the main line between the hours of 3:00 p.m. and 8:00 a.m. on
weekdays, and during all hours on Saturdays and Sundays, there shall
be a fee of $175 for each cleaning of the main line requested of the
City, which fee shall be paid to the City of Clifton prior to the
work being performed and which shall be returned to the property owner
only if it is determined that the main line did, in fact, require
such cleaning.
[Added 1-15-2008 by Ord. No. 6713-08]
There shall be a fee of $500 due to the City
of Clifton for each request for City Certification of Treatment Works
Approval (TWA) application.
[Added 2-4-2008 by Ord. No. 6714-08;
amended 8-6-2008 by Ord. No. 6755-08; 3-3-2009 by Ord. No. 6800-09]
A. 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 user charge for the use of the sanitary sewer system of the
City of Clifton consisting of a discharge fee determined by the amount
of water consumed, as reflected in the water meter readings, at the
rates and in the manner set forth in this section, and a service fee.
All property owned by the federal, state, county, or local government
shall be exempt until December 31, 2023. Commencing January 1, 2024
property owned by federal, state, county and local government shall
not be exempt.
[Amended 4-4-2023 by Ord. No. 7811-23]
B. All water consumption readings relative to each owner
(including the owner’s tenants) shall be those obtained by the
City from the Passaic Valley Water Commission (PVWC), plus the readings
from private meters of wells or other water supplies. The water consumption
measurements as set forth herein shall constitute the measure of sewage
flow of each owner from whom the charge is payable.
C. Sewer charges shall be paid semiannually by the owner of the real
property for the use of the City's sanitary sewer system. Charges
shall be due on June 1 and September 1, or within 30 days of mailing
of the bill, whichever is later.
[Amended 4-5-2016 by Ord.
No. 7286-16]
D. All users of the sanitary sewer system, shall be charged per water
meter annually, payable in two installments, a minimum discharge fee
as follows:
[Amended 5-5-2015 by Ord. No. 7213-15; 3-3-2020 by Ord. No. 7572-20]
(1)
2020 Non-Tier II users.
(a)
Annual flat fee:
[1]
$142, which includes up to 20 ccfs of usage annually; or
[2]
$174, which includes up to 40 ccfs of usage annually.
(2)
2020 Tier II users.
(a)
Annual flat fee.
[1]
$109, which includes up to 20 ccfs of usage annually; or
[2]
$134, which includes up to 40 ccfs of usage annually.
(3)
2021 Non-Tier II users.
(a)
Annual flat fee.
[1]
$146, which includes up to 20 ccfs of usage annually; or
[2]
$178, which includes up to 40 ccfs of usage annually.
(4)
2021 Tier II users.
(a)
Annual flat fee.
[1]
$112, which includes up to 20 ccfs of usage annually; or
[2]
$137, which includes up to 40 ccfs of usage annually.
(5)
2022 Non-Tier II users.
(a)
Annual flat fee.
[1]
$150, which includes up to 20 ccfs of usage annually; or
[2]
$183, which includes up to 40 ccfs of usage annually.
(6)
2022 Tier II users.
(a)
Annual flat fee.
[1]
$115, which includes up to 20 ccfs of usage annually; or
[2]
$140, which includes up to 40 ccfs of usage annually.
(7)
2023 Non-Tier II users.
(a)
Annual flat fee.
[1]
$154, which includes up to 20 ccfs of usage annually; or
[2]
$188, which includes up to 40 ccfs of usage annually.
(8)
2023 Tier II users.
(a)
Annual flat fee.
[1]
$118, which includes up to 20 ccfs of usage annually; or
[2]
$144, which includes up to 40 ccfs of usage annually.
E. In addition to the above minimum discharge fee, users of the sanitary
sewer system shall be charged an excess discharge fee per 100 cubic
feet (ccf) of sewage discharge, based on the previous year's water
consumption. The excess discharge fee shall be based upon the following
rates per 100 cubic feet (ccf) of sewage discharge:
[Amended 5-5-2015 by Ord. No. 7213-15; 3-3-2020 by Ord. No. 7572-20]
(1)
2020 Non-Tier II users.
(a)
Usage rates per ccf:
[1]
Level 1: $3.03 per ccf for usage between 41 ccfs and 144 ccfs;
[2]
Level 2: $3.37 per ccf for usage between 145 ccfs and 440 ccfs;
[3]
Level 3: $3.66 per ccf for usage greater than 440 ccfs.
(2)
2020 Tier II users.
(a)
Usage rates per ccf:
[1]
Level 1: $2.34 per ccf for usage between 41 ccfs and 144 ccfs;
[2]
Level 2: $2.60 per ccf for usage between 145 ccfs and 440 ccfs;
[3]
Level 3: $2.82 per ccf for usage greater than 440 ccfs.
(3)
2021 Non-Tier II users.
(a)
Usage rates per ccf:
[1]
Level 1: $3.11 per ccf for usage between 41 ccfs and 144 ccfs;
[2]
Level 2: $3.46 per ccf for usage between 145 ccfs and 440 ccfs;
[3]
Level 3: $3.75 per ccf for usage greater than 440 ccfs.
(4)
2021 Tier II users.
(a)
Usage rates per ccf:
[1]
Level 1: $2.40 per ccf for usage between 41 ccfs and 144 ccfs;
[2]
Level 2: $2.67 per ccf for usage between 145 ccfs and 440 ccfs;
[3]
Level 3: $2.89 per ccf for usage greater than 440 ccfs.
(5)
2022 Non-Tier II users.
(a)
Usage rates per ccf:
[1]
Level 1: $3.19 per ccf for usage between 41 ccfs and 144 ccfs;
[2]
Level 2: $3.55 per ccf for usage between 145 ccfs and 440 ccfs;
[3]
Level 3: $3.84 per ccf for usage greater than 440 ccfs.
(6)
2022 Tier II users.
(a)
Usage rates per ccf:
[1]
Level 1: $2.46 per ccf for usage between 41 ccfs and 144 ccfs;
[2]
Level 2: $2.74 per ccf for usage between 145 ccfs and 440 ccfs;
[3]
Level 3: $2.96 per ccf for usage greater than 440 ccfs.
(7)
2023 Non-Tier II users.
(a)
Usage rates per ccf:
[1]
Level 1: $3.27 per ccf for usage between 41 ccfs and 144 ccfs;
[2]
Level 2: $3.64 per ccf for usage between 145 ccfs and 440 ccfs;
[3]
Level 3: $3.93 per ccf for usage greater than 440 ccfs.
(8)
2023 Tier II users.
(a)
Usage rates per ccf:
[1]
Level 1: $2.52 per ccf for usage between 41 ccfs and 144 ccfs;
[2]
Level 2: $2.81 per ccf for usage between 145 ccfs and 440 ccfs;
[3]
Level 3: $3.03 per ccf for usage greater than 440 ccfs.
F. All Tier
II users of the sanitary sewer system that are monitored by the Passaic
Valley Sewerage Commission (PVSC) for biological oxygen demand (BOD)
and total suspended solids (TSS) usage shall also be responsible for
the full amount of the their total PVSC annual user charge as determined
by the PVSC.
[Added 3-3-2020 by Ord. No. 7572-20]
G. Sanitary sewer user charges based upon the above rates
shall be adjusted for an owner who can demonstrate and certify to
the City the actual metered sewage being discharged into the sanitary
sewer system of the City, provided that the metering device is functioning
properly and measurements are reasonably accurate, in the sole judgment
of the City Engineer.
H. Adjustment of bills.
(1) The City Manager or his designee 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 owner can demonstrate that the meter
reading was a reflection of a leak or other condition which has been
repaired, and that the water leakage did not go into the sanitary
sewer system, then the City Manager or his designee shall have the
authority to adjust the sewer bill to account for the irregularity.
(b)
Where the owner can demonstrate that the meter
reading was a reflection of a leak or other condition that has been
repaired, and that the water has gone into the sanitary sewer system,
then the City Manager or his designee shall have the authority to
adjust the sewer bill to account for the irregularity up to a maximum
of one billing cycle.
(2) No user shall be entitled to more than one adjustment pursuant to Subsection
H in any five-year period, unless the user can demonstrate to the City Manager extraordinary circumstances justifying an additional adjustment.
I. Credits.
(1)
Where a user has a swimming pool with a documented
minimum capacity of 3,000 gallons and can document that the pool water
does not drain into the sanitary sewer system, then the owner may
obtain a credit of 10% of the discharge fee for one semi-annual bill
per twelve-month period.
(2)
Where a user has an irrigation system with a
minimum of three sprinkler or watering heads and can document that
the water utilized does not drain into the sanitary sewer system,
then the owner may obtain a credit of 10% of the discharge fee for
one semi-annual bill per twelve-month period.
(3)
All senior citizens 65 years of age or older that receive Senior Citizens Property Tax Deduction pursuant to the requirements of N.J.S.A. 54:4-8.40 et seq. shall receive for a credit of 10% on the minimum discharge fee and excess discharge fee outlined in Subsections
D and
E.
[Added 5-5-2015 by Ord. No. 7213-15]
J. Sanitary sewer user charges based upon the above rates
shall be adjusted for an owner who can demonstrate and certify to
the City the actual metered noncontributory water which is not being
discharged into the sanitary sewer system of the City and which is
otherwise being legally disposed of. The owner shall be credited annually
at the prevailing rate times the water consumption metered, provided
that the metering device is functioning properly and measurements
are reasonably accurate in the sole judgment of the City Engineer.
K. When meters are used pursuant to Subsections
F and
I, readings shall be submitted to the Tax Collector not later than December 10 of the year prior in order to be used for the subsequent billing cycle. Meters shall be available for inspection by the City, and meters shall be recalibrated as required by the City at the owner's expense.
L. 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 City shall have the same remedy for the collection
thereof as fixed by the City, as the City 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.
M. Any requests for adjustments pursuant to Subsection
H. of this section must be made in writing to the City Manager within 30 days of the date of the bill for which the adjustment is being sought or the request will not be considered. Any requests for adjustments pursuant to Subsection
I. of this section must be made in writing by December 10 of the year prior to be considered for a credit in the following calendar year.
[Amended 5-19-2020 by Ord. No. 7581-20]
[Added 9-19-2012 by Ord. No. 7053-12]
A. No person shall discharge sewage into the City'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 City Engineer.
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
|
The City Engineer of the City of Clifton shall
administer this article.
All users of the wastewater facilities shall
comply with the requirements of the written rules and regulations
of the Passaic Valley Sewerage Commissioners 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 City Clerk after the effective dates of this article.
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 the permit and/or the termination of
the authority to discharge into the system.
Any person violating any of the provisions of
this article shall, upon conviction, be subject to fine not to exceed
$500 and/or imprisonment for a term not to exceed 90 days, or both.
Each and every day on which a violation of any provision of this article
exists shall constitute a separate violation.
Ordinance No. 4398-77, passed on May 3, 1977,
entitled "An Ordinance Regulating the Use of Sewers and the Disposal
of Waste Waters and Providing Penalties for the Violation Thereof,"
is hereby repealed.
No ordinance heretofore adopted by the municipality
shall be affected by this article except that, if any provision of
the prior ordinance is in conflict with the provisions of this article,
the provisions of this article shall control.