The following user classes are established in
accordance with federal regulations: industrial, large commercial,
tax-exempt and residential/small commercial. The PVSC reserves the
right to change the class of any user as conditions warrant. See Appendix
A for specific definitions.[1]
[1]
Editor's Note: Appendix A, Definitions, is
located at the end of this chapter.
A.
In order to fulfill its responsibilities under the
user charge system, the PVSC shall:
(1)
Collect usage date for industrial, large commercial
and tax-exempt users and municipalities.
(2)
Determine the total assessment for each municipality,
including the amounts to be collected through ad valorem taxation
and direct billing.
(3)
Prepare invoices to bill each municipality for its
total assessment.
(4)
Develop and maintain data necessary to calculate charges
and prepare invoices for each industrial, large commercial and tax-exempt
user to assist municipalities in their billing and collection.
(5)
Establish procedures for the billing and collection
of the total charge from each municipality.
(6)
Monitor the municipal billing and collection procedures
to ensure that user charges are properly billed and collected.
B.
In order to fulfill its responsibilities under the
user charge system, each participating municipality shall:
(1)
Include the ad valorem portion of the user charge
assessment either in the development of local tax rates or in its
own approved direct billing system.
(2)
Notify the PVSC of any new or changes in identification
for industrial, large commercial or tax-exempt users.
(3)
Establish and implement procedures for the billing
and collection of the applicable charges from each industrial, large
commercial and tax-exempt user.
(4)
Remit total municipal assessment to the PVSC.
(5)
Submit a listing of delinquent industrial, large commercial
and tax-exempt users to the PVSC on a timely basis.
(6)
Make records available to the PVSC for compliance
review.
A.
Except for those municipalities that have adopted
an alternative method, the user charge for the residential/small commercial
class shall be based on the assessed valuation for the property as
maintained in the applicable municipal tax records. Each municipality
may, with the prior approval of the PVSC, adopt an alternate method,
much as direct billing, provided that it complies with applicable
federal and state regulations.
B.
The user charge for the industrial users shall be
based on the user's actual volume and strength contribution to the
PVSC treatment works during each measurement year. Strength shall
be determined by the total suspended solids (TSS) and five-day biochemical
oxygen demand (BOD5) analytical test methods.
Where the Chief Executive Officer determines that an alternative method
is necessary, other test methods will be employed to determine the
equivalent BOD. A direct billed user shall also receive a credit for
any ad valorem tax which may be paid as follows: In those municipalities
which collect user charges from residential/small commercial users
through ad valorem taxes, industrial and large commercial users will
pay a portion of their user charge through their ad valorem taxes.
In these municipalities, the direct billed user will receive a credit
against the user charge for payments included in his ad valorem taxes.
C.
The user charge for the large commercial users shall
be based on the user's actual volume discharged during each measurement
year and residential strength standards as determined periodically
by the Chief Executive Officer.
D.
Each nonindustrial tax-exempt user shall be placed
in one (1) of four (4) classes based on volume for the purpose of
determining their user charge. The user charge for the largest class
shall be based on the user's actual volume discharged and residential
strength standards for BOD and TSS, as determined periodically by
the Chief Executive Officer. Actual volume shall be determined by
the volume consumed during the measurement year, as closely as can
be reasonably determined.
E.
The user charge for the remaining three (3) tax-exempt
classes shall be based on the average volume consumed by a representative
number of users within that class. Residential strength standards,
as determined periodically by the Chief Executive Officer, shall be
used to determine BOD and TSS contribution. All tax-exempt users in
each of these three (3) classes shall receive the same user charge.
Users shall be moved from one class to another based on the actual
volume data as determined by the Chief Executive Officer. The Chief
Executive Officer shall review the average volume consumed data every
two (2) years and recommend adjustments to the average volume consumed
figures. The Commissioners shall, by resolution every two (2) years,
set volume standards to apply to each of the four (4) classes of nonindustrial,
tax-exempt users.
A.
The PVSC shall calculate the user charges to be paid
by the direct billed users as follows:
(1)
The user charge shall be estimated in advance for
each calendar year.
(2)
The estimated user charge shall be modified by an
adjustment from the prior year (except in the first year of the implementation
of the user charge system).
(3)
During each measurement year, industrial and other
designated users shall submit quarterly self-monitoring reports to
the PVSC. These reports will provide data to enable the PVSC to calculate
the actual usage for that measurement year. This will also apply where
PVSC calculates the actual usage because a user fails to supply the
self-monitoring report.
B.
The PVSC shall prepare invoices and mail to each municipality
four (4) times a year. Full payment is due on February 1, May 1, August
1 and November 1. The collection from each user within the municipality
shall be the responsibility of that municipality. According to New
Jersey State law, interest will be accrued at twelve percent (12%)
per annum on the unpaid principal.
C.
Municipalities shall not modify the PVSC portion of
the user charge assessed to an individual user. The Chief Executive
Officer shall have the right to review municipal records to ensure
that proper collections are being made. Records shall be maintained
for at least three (3) years.
In order for each municipality to keep the PVSC
informed of all new or changed users, the following shall be submitted
to the PVSC in a timely manner:
