[Adopted 6-29-1981 by Ord. No. 81-040]
[Amended 12-19-1995 by Ord. No. 95-068]
The City of Paterson (City) hereby fixes and prescribes sewer user charges, rents, rules and regulations in connection with and the use of sewers, drains and appurtenant facilities in the City.
[Amended 3-12-2019 by Ord. No. 19-014; 2-23-2021 by Ord. No. 21-006; 6-10-2021 by Ord. No. 21-020]
The charges set forth in this article shall be charged [as of July 1, 2019] retroactive to January 1, 2021.
[Amended 6-27-2006 by Ord. No. 06-058; 1-24-2012 by Ord. No. 12-001; 1-19-2016 by Ord. No. 16-002; 2-23-2021 by Ord. No. 21-006; 6-10-2021 by Ord. No. 21-020]
A. 
For nonresidential properties, as well as for residential accounts covering five or more units, as described in the table below, rates shall have two components, consisting of a fixed fee determined by the diameter of the pipe leading into the meter, plus a variable fee based on the volume of water usage:
Fixed Fee by Meter Size:
Meter Size
(inches)
Fixed Fee
5/8
$224
3/4
$332.15
1
$548.45
1.5
$1,089.20
2
$1,738.10
3
$3,468.50
4
$5,415.20
6
$10,822.70
Volumetric Rate per CCF:
Residential usage of five or more units, and all commercial usage, including industrial
$2.1594
B. 
For residential accounts of four or fewer units, rates shall be set by number of units, as follows:
Number of Residential Units per Sewer Billing Account
Annual Rate
1
$359
2
$682
3
$970
4
$1,293
C. 
For the purposes of Subsections A and B, above, where individual condominium units and common areas are all covered collectively by a single account, then the common areas collectively shall constitute one additional unit. For example, if four condominium units are combined together on the same sewer account as common areas, then the account shall be treated as a five-unit account and be billed by volume under Subsection A above, rather than by units under Subsection B above.
[Added 1-24-2012 by Ord. No. 12-002]
The City of Paterson may provide sewer service to areas beyond the City's borders. If such service is to be provided, then it shall be in exchange for uniform and equitable fees and charges, as required by N.J.S.A. 40A:26A-10. Any such sewer service must be pursuant to agreements approved by resolution of the Municipal Council. The said agreements shall under all circumstances include terms substantially similar to the following:
A. 
The rates shall be adjusted upwards from the local rates set forth above in § 407-19 or any subsequent Sewerage Rate Schedule in effect at the time, using as a baseline the Schedule's "unit charge" method and/or one of its "volume account" methods, as appropriate, or, where application of such methods is not feasible, a reasonable approximation of such methods.
[Amended 3-12-2019 by Ord. No. 19-014]
B. 
In each agreement, the entire calculation of the said upward adjustment shall be set forth in full.
C. 
In each agreement, the fees and charges calculated by the Finance Director and City Engineer shall include all of the following:
(1) 
An upward adjustment to account for the true cost of sewer operation, as funded by general revenues over and above sewer fees.
(2) 
An upward adjustment to account for annual reconstruction bonds and/or debt service.
(3) 
A presumptive upward adjustment of 10% to account for any additional administrative services and/or expenses resulting from providing the services addressed by the agreement in question, unless it can be shown that the actual value of the administrative services and/or expenses was substantially higher or lower.
D. 
If any portion of the above methodology cannot feasibly be applied, for any reason, under no circumstances shall the fees and charges for such use be permitted to fall below those set forth in the local rates set forth above in § 407-19 or any subsequent Sewerage Rate Schedule in effect at the time.
[Amended 3-12-2019 by Ord. No. 19-014]
All charges herein imposed for connection and use of sewers shall bear interest from the time they become due, at the same rates as municipal real estate taxes. Such unpaid charges shall be a lien on the premises, and the City shall enjoy the same remedies for the collections thereof with interest costs and penalties as it has for the collection of taxes upon real estate.
Where sewage flow originates from a combined residential and large water-using nonresidential establishment or an establishment not described above, the City reserves the right to establish special equitable rate categories within the limitation of law.
The City reserves the right to establish a standby charge against any account not using the public sewer during a sewerage billing period. The standby charge however shall not be greater than 50% of the normal flat rate for residential dwelling types, not 50% of the most recent annual volume charge for nonresidential customers.
Charges for sewerage service shall be billed quarterly by the City to the owners of all properties using sewers.
[Amended 3-12-2019 by Ord. No. 19-014]
All sewerage charges shall be payable to the City of Paterson at the office of the Tax Collector, 155 Market Street, Paterson, New Jersey 07505. Bills shall be paid by personal check or money order; if paid in person during normal business hours, bills may be paid in cash. At such time as the City of Paterson implements credit card acceptance and electronic payment systems, those methods shall be valid as well. Notwithstanding the remainder of this section, if the City of Paterson shall duly contract with a third party for the processing of sewer payments, then the Finance Director may administratively approve reasonable alternate procedures for the payment of sewerage charges.
The payment of all sewerage service charges shall be the responsibility of the property owner. The failure of a tenant or lessee to transmit any such charge or bill to the property owner shall not relieve the property owner of his responsibility to pay said bill or the right of the City to collect such charges according to the remedies prescribed by law.
If any sewerage service charge is not paid within 30 calendar days of post date of the bill, an interest penalty shall begin to accrue at the same rate as is charged on unpaid municipal taxes.
[Amended 12-19-1995 by Ord. No. 95-068]
Bills to users whose charges are based on actual water consumption (volume account on the Rate Schedule) shall be based on 1/4 of the user's actual use in the preceding calendar year. A credit or extra charge shall be rendered to such users in the first quarter of each year to account for over- or underpayments due to differences between actual and estimated use.
In the event of nonpayment of any sewerage service charge for a period of 90 days after the date when such charge becomes delinquent, the City may cause the service to be discontinued and the same shall not be restored until full payment has been made of all outstanding charges and penalties thereon plus the actual costs of disconnecting and reconnecting the service connection. Discontinuation of service, however, shall not abrogate the right of the City to use whatever remedies are permitted by law to collect outstanding charges and penalties.
[Amended 6-9-1999 by Ord. No. 99-031; 12-2-2003 by Ord. No. 03-085; 6-26-2018 by Ord. No. 18-036; 11-14-2024 by Ord. No. 24-047]
Unless a fee is provided for below, fees and charges will be made by the City at actual cost for the following:
A. 
Application for new connections: $25.
B. 
Administrative or engineering review of new connections, including field inspection of installations: See § 435-31B.
C. 
Inspection, installation or repair costs of facilities where the condition is not caused by or the responsibility of the City.
D. 
Fixed administrative fee in conjunction with connection charges or reconnection charges: $250.
E. 
Sampling, analysis or flow monitoring charges.
F. 
Damages, reconstruction or repair costs where City facilities are damaged by others.
G. 
Other costs incurred by the City at the request of or as a result of action (or inaction) by other parties.[1]
[1]
Editor's Note: Original Sec. 16, Interpretation of Sewerage Authority Rates Schedule, which immediately followed this section, was deleted 12-19-1995 by Ord. No. 95-068.
H. 
Variable statutory connection fees or reconnection fees:
(1) 
Fee for service; timing of payment: Connection fees shall be paid no later than the time that a certificate of occupancy, certificate of continued occupancy, or any amendment thereto is issued for the structure for which the new or expanded sewer connection is made. Payment of such connection fees shall be a condition precedent for the issuance or amendment of the said certificate(s).
(2) 
Fee for additional capacity, including change of use. An application for additional capacity shall be made by any existing nonresidential user whenever there is an increase in the projected sewer usage for any existing building or unit resulting from an increase in size in the building or unit, or resulting form a change in use. Such an application shall also be made by an existing residential user when further dwelling units are added to an existing site. A connection fee shall be charged to the nonresidential user based upon the increase in projected sewer usage associated with the aforesaid increase in size, and to a residential user based on the increase in number of units.
(3) 
Fee to reinstate service after a lapse of years; no fee for prompt restoration. In the event that an application is made to reinstate sewer service to a residential structure that was previously abandoned or terminated when the prior structure was demolished or substantially totally destroyed because of catastrophe, no additional connection fee shall be due, provided that the application for service is made within three years of the date of the prior termination of service. In the event that an application is made to reinstate water service to a nonresidential structure that was previously abandoned or terminated when the prior structure was demolished or substantially totally destroyed because of catastrophe, no additional connection fee shall be due, provided that: 1) the application for service is made within two years of the date of the prior termination of service; and 2) there is no change in the projected sewer usage of the building. In the event that condition 1) herein has been satisfied, but there will be an increase in the projected sewer usage of the building, then the applicant shall pay a connection fee only on the amount of the increase in the projected sewer usage.
(4) 
Fifty-percent fee for prompt restoration at a different location within the City of Paterson. In all situations where Subsection H(3) above would authorize a fee waiver for restoration of service at the same location after a demolition or catastrophic destruction, a fee reduction of 50% will be awarded if service is initiated at a new site within the City of Paterson, other than the original location, within the periods of time set forth within Subsection H(3). The said reduction of 50% shall be granted only where the owner of the demolished or destroyed site owned it for at least five years before the date of demolition or destruction.
(5) 
Unit for connection fee. The connection fee to be paid to the City of Paterson shall be $1,877.12 per equivalent dwelling unit (EDU), including any proportionate fraction thereof. The minimum connection fee per unit shall be based on one full EDU. In order to determine the appropriate number of equivalent dwelling units per application for nonresidential users, the projected flow criteria, as defined in N.J.A.C. 7:14A-23.3, shall be utilized.
(6) 
Sample calculations for connection fees. The following are sample calculations for determining connection fees for connecting to the City of Paterson sanitary sewer system:
(a) 
Residential sample calculations. All residential single-family dwelling units, including detached houses, each unit in multifamily dwellings, garden apartment units, townhouse or condominium units, are deemed to be one equivalent dwelling unit (EDU). For example:
[1] 
Single family detached house:
1 EDU
x
$1,877.12
=
$1,877.12
EDU
[2] 
A multifamily dwelling with three units:
3 EDU
x
$1,877.12
=
$5,631.36
EDU
[3] 
Two buildings of garden apartments, townhouses, or condominiums, with eight units per building:
8 units
x
2 buildings
x
1 EDU
x
$1,877.12
=
$30,033.92
Building
Unit
EDU
(b) 
Nonresidential sample calculations. In all nonresidential uses, the projected flow criteria, as defined in N.J.A.C. 7:14A-23.3, shall be used in order to determine the anticipated gallons per day of wastewater flow which shall then be computed at the rate of $1,877.12 per 265 gallons of wastewater flow per day (one EDU). For example:
[1] 
A 20,000-square-foot office building or shopping center with a projected flow criteria of 0.1 gallon per square foot per day:
20,000 sf
x
0.1g/sf/day
x
1 EDU
x
$1,877.12
=
$14,166.94
265g/day
EDU
[2] 
A fast-food restaurant with 70 seats and a projected flow criteria of 15 gallons per seat per day:
70 seats
x
15 gal/day
x
1 EDU
x
$1,877.12
=
$7,437.65
Seat
265g/day
EDU
(7) 
Minimum fee. In no event shall the minimum connection fee as outlined above for any nonresidential building be less than $1,877.12.
(8) 
Housing authorities and nonprofits. As required by N.J.S.A. 40:14B-22.3, connection fees to public housing authorities and nonprofit organizations building affordable housing projects that consists of new connections to the system are to be computed by providing a reduction of 50% in the connection fee established in this subsection. Connection fees to public housing authorities and nonprofit organizations building affordable housing projects that consist of replacement units for demolished or refurbished units, and for which a connection fee was previously paid, are to be computed by charging the lesser of the reduced rate of 50% of the connection fee established in this rate schedule or the connection fee established in this subsection, minus a credit in the amount of a connection fee previously paid for the housing units being replaced, provided the public housing authority and nonprofit organization can establish the connection fee previously paid. If the amount of the previous connection fee cannot be established, the reduced rate of 50% of the connection fee established in this subsection shall apply.