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.
(4) 
The current year actual usage shall be compared to the current year estimated usage, and any difference shall result in an adjustment to that year and be applied to the next year's estimated usage as explained in Subsection A(2) above.
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:
A. 
The name and address.
B. 
The name and telephone number of the contact official.
C. 
Times when the facility is open and when the contact official is present.