SECTION 2 RULES APPLICABLE TO BOTH WATER AND SEWERAGE SERVICE

2.0 DEFINITIONS

The following words contained herein shall have the following meanings:

The word “Authority” shall mean the Hamilton Township Municipal Utilities Authority (HTMUA).

Customer” or “Owner” shall mean the applicant for water and/or sewerage service at one household or business, whether the owner or tenant, and who enters into an agreement therefor.

Main” shall mean the Authority owned or leased piping and appurtenances, in or along public highway and streets, or along privately owned right of way, used for the transmission of distribution of water to or for the collection of domestic or industrial waste from its customers.

Domestic Sewerage” shall mean the normal water borne fluid wastes from residences, commercial establishments, institutions and industrial establishments limited to the wastes of kitchens, bathrooms, water closets, lavatories and laundries.

Industrial Wastes” shall mean the liquid wastes from commercial or industrial processes as distinct from domestic sewerage.

Authority Engineer” shall mean a consulting engineering firm hired by the Authority for engineering work.

Residential User” shall mean:

  1. Single family - a building on a lot designed or occupied exclusively as a residence for one family.
  2. Two family - a building on a lot or tract of land designed and occupied exclusively as a residence for two families whether through rental or fee simple arrangements.
  3. Multi family - a building on a lot or tract of land designed and occupied exclusively as a residence for three or more families whether through rental or fee simple arrangements.
  4. Boarding house, lodging house, nursing home, hotel or motel - A dwelling having one kitchen and used for the purpose of providing lodging or both lodging and meals for pay or compensation of any kind whether computed by day, week or month, to persons occupying such dwellings other than members of a family.

Other than Residential User” shall mean all users in connections other than residential, including but not in limitation, business, commercial, industry, restaurants, taverns, theaters, camps, churches, schools, hospitals, etc.

Builder/Developer shall mean one who engages in the construction of any project other than one single family home at any given time. Back to top.

2.1 MANDATORY SEWER AND WATER CONNECTIONS

Whenever the facilities of a sanitary sewerage collection system or water distribution system shall be available in any given area of Hamilton Township, the owner of any property which abuts the root of said sewerage and/or water system facility shall prior to or as a condition of continued occupancy be required to tie into said system, make use thereof and be subject to the cost and charges as shall be promulgated from time to time by the Authority pursuant to statutory authorization. The following applicable citations are hereby noted:

1. General: National Standard Plumbing Code Section 2.19.1

The water distribution and drainage system of any building in which plumbing fixtures are installed shall be connected to a public water supply and sewer system respectively, if available. A public water supply system and/or public sewer system shall be deemed available to a premise used for human occupancy if the property line of such a premise is within 200 feet, or such other reasonable distance as determined by the Administrative Authority, and a connection conforming with the standards set forth in this Code shall be made hereto.

2. Hamilton Township Mandatory Sewer Connection Ordinance:

Ordinance 344 of 1966 requires any house, building or structure located no more than 200 feet from a sanitary sewer line to connect and hook up to the public system.

3. NJ Safe Drinking Water Act (NJAC 7:10-12.5c-1):

“If an adequate public water is available and if connection can legally be made thereto, the realty improvement shall be supplied with water from that source.” Back to top.


2.2 APPLICATION FOR SERVICE

2.2.1 Water and sewer service connections will be considered upon written application signed at the Authority office by the property owner or his property authorized agent. Water and sewer service will be considered only upon receipt of an executed application by the property owner. Blank forms for all applications prepared for their respective services will be furnished by the Authority, and all applications must receive the approval of the Authority before connection is made, or either class of service is furnished.

2.2.2 No application for service will be accepted by the Authority until the applicant has paid or made satisfactory arrangements to pay all arrears and charges due by the applicant at any premises now or heretofore occupied by him, including real estate taxes. Each application must be accompanied by a proof of payment certification, signed by a representative of the Hamilton Township Tax Collector’s office.

2.2.3 The accepted application shall constitute a contract between the Authority and the applicant, obliging the applicant to pay to the Authority its rates as established from time to time to comply with its rules and regulations.

2.2.4 Applications for service connections may be accepted to their being existing mains in streets or right of way abutting the premises to be served.

2.2.5 When a prospective customer has made application for a new service, or has applied for the reinstatement of an existing service, it is assumed that the piping and fixtures on the applicant’s premises are in good condition and the Authority will not be liable in any event, for any accident, breaks, or leakage arising in any way in connection with the supply of water or failure to supply same, or the freezing of water pipes or fixtures of the customer, nor for any damage to the property which may result from the usage of water supplied to the premises.

2.2.6 A new application may be made and approved by the Authority upon any change in ownership of the property. The Authority shall have the right upon ten (10) days notice, to discontinue the water supply until such new application has been made and approved. Although property may have been occupied or leased to a tenant, the owner of the property is responsible for the payment of any water and sewer bills.

The owner’s (not the tenant’s) name shall appear on the actual billing and account record. The bill will be mailed to the owner not the tenant. Any arrangement for the tenant to be responsible for the payment is strictly between the owner and tenant.

2.2.7 Industrial, commercial, public or institutional establishments must complete a commercial/industrial application for water and/or sanitary sewerage service. The application requires the submission of a detailed description of the type and size of buildings, the nature of businesses to be conducted in each structure, the number of type of fixtures to be served, the type volume and chemical characteristics of wastes to be discharged. Such applicants shall also furnish to the Authority two (2) copies of the plan showing:

  • The boundaries of the property.
  • The location within the property of the structures to be served.
  • The location of and profile, with respect to the finished grade of the services.
  • Details of the proposed connections to the water and sewerage systems, and arrangements and details of meter installation. (Refer to paragraph 9.14 with respect to the admissibility of industrial wastes).
  • Any other requirement so noted on the application. Back to top.

2.3 RESPONSIBILITY FOR SERVICE

It is agreed by the parties receiving public fire service, private fire service, or any service, that the Authority does not assume any liability as insurer of property or person and that the Authority does not guarantee any special service, pressure, capacity, or facility, other than is permitted by the ordinary and changing operating conditions of the Authority as the same exists from day to day. It is agreed, by the parties receiving service, that the Authority shall be free and exempt from any and all claims for injury due to any persons or property by reasons of fire, water, failure to supply water pressure or capacity. Back to top.

2.4 PRIVATE WATER AND SEWER SYSTEMS - DELINEATION OF RESPONSIBILITY FOR SERVICE

2.4.1 The Authority will not be responsible for the operations and maintenance of an internal private system unless otherwise formally accepted by Resolution.

2.4.2 An internal system is defined as any water and sewer main and the related appurtenances, excluding the water metering equipment. The internal system begins at a point of entrance into the proposed project. Projects maintaining a sewer pump station must secure a service contract with a repair company and file this information with the Authority.

2.4.3 Failure to make timely repairs will result in the Authority implementing the necessary repairs and invoicing the responsible project association for the applicable expenditures. Back to top.

2.5 FEES

Fees (in addition to service charges) are applicable to Authority procedures and are subject to annual revision with the start of each new fiscal year (September) as per the HTMUA schedule of fees.

The following are the categories of fees:

  1. Project Review Fees: Any builder/developer or commercial/industrial applicant must post review fees pursuant to these rules.
  2. Water Model Fee: Any builder/developer or commercial/industrial applicant must post review fees pursuant to these rules.
  3. Water and Sewer Connection Fees: These fees are defined as one time costs to allow use of the Authority’s system.
  4. Project Inspection Fees: Any builder/developer or commercial/industrial applicant must post inspection fees pursuant to these rules.
  5. Lateral Construction Fee: Calculated fee for the installation by Authority personnel of the piping from the street main to curb side. This cost includes corporation, curb stop, curb box, back flow preventer and restoration.
  6. Water Meter Fee: Each applicant will be responsible for the cost of the meter for the size of service purchased.
  7. Miscellaneous:
    1. Check return
    2. Delinquent service restoration fee
    3. Meter test
    4. Meter tampering (penalty)
    5. Publications
    6. Authority staff labor rates
    7. Hydrant usage
      Back to top.

2.6 COMMENCEMENT OF SERVICE CHARGES

Unless the Authority shall determine otherwise in unusual cases, service charges for both water and sewer service for existing structures shall begin to accrue on the earlier of the following dates:

  1. The date of the actual connection of the premises to the water and sewer system.
  2. With respect to future construction, service charges shall begin to accrue on the date of the issuance of a certificate of occupancy for such new units.
  3. With respect to future construction, water service charges shall begin to accrue on the date the Authority installs the water meter and turns on water flow to property if said date shall precede issuance of the certificate of occupancy by greater than two months. Back to top.

2.7 BILLS AND PAYMENT

2.7.1 Bills are payable at the office of the Authority.

2.7.2 Regular meter readings will be made quarterly. Bills will be rendered on or about the first days of February, May, August and November for service during the preceding three (3) months for water and proceeding three (3) months for sewer. All bills are due and payable on presentation or delivery. All customers connected to the water system will be billed and shall pay the minimum charge quarterly.

2.7.3 Water bills are based on consumption and a factor of the quarterly meter reading in accordance with prevailing rates.

2.7.4 Sewer bills are based on flat rate charges including the treatment cost assessed by the Atlantic County Utilities Authority (ACUA). Back to top.

2.8 TIMELY PAYMENTS

Timely payments of any bill for service, within the meaning of these rules shall be:

  1. Payment of the bill with or without penalty by the first day of the following month of issuance.
  2. In the case of disputed bills for which payment is withheld beyond the period herein mentioned, no later than 10 days following the termination of the dispute, but only if the dispute is terminated substantially in favor of the customer.
  3. Quarterly bills unpaid by the first of March, June, September or December shall be classified as delinquent. Payments made by mail will be credited on the date received. If a bill remains unpaid after being classified as delinquent, service may be discontinued. If service is thus discontinued, it will not be restored until all unpaid bills and all charges, including the turn-on charge, are paid, or satisfactory arrangements are made for payment. Interest shall be charged at the statutory on the unpaid balance on delinquent bills. Any unpaid balance of any service charge and interest thereon shall be a lien on the parcel of real property with respect to the service which was rendered with the affect and pursuant to the procedure specified under NJSA 40:14B-42. Notice of delinquent charges shall be given annually by the Authority to the collector of taxes of the Township of Hamilton. Back to top.

2.9 DELINQUENCY POLICY

Authority bills will be mailed within the first week of February, May August and November and due by the first of the following month.

Twenty-five (25) days after due date, a reminder notice shall be mailed including a notice of intent to notify mortgage company.

Twenty-five (25) days after the first notice is issued, a final notice shall be mailed naming the date service is to be terminated. Along with the final notice, the mortgage company shall also be notified

Every effort will be made to identify and notify those residents in rental properties. Back to top.

2.10 BILLING ADJUSTMENTS

Occasionally, circumstances arise when a customer may challenge the accuracy of charges on the quarterly billing. These circumstances typically occur with regard to water service charges since the sewer is billed on a flat rate basis.

The customer can request a test on the meter at a cost set forth in the rate schedule. See Section 8.12.12 for details on meter testing. Back to top.

2.11 CONTINUING OBLIGATION TO PAY WATER AND SEWER SERVICE CHARGE

Upon connection of an approved and usable property to a water main or sewer, the obligation to pay the minimum annual service charge continues despite the failure to occupy the property, or to use the water or sewer facilities, so long as the building or structure on the property is still available for use and the water and sewer facilities remain available. Back to top.

2.12 DISCONTINUANCE OF SERVICE (BY ACTION OF THE OWNER)

2.12.1 Existing Structure: All agreements covering water supply and/or sewerage service shall continue in force, as long as the structure remains. An owner may request to terminate physical service, however, the minimum quarterly service charges will continue to be charged.

2.12.2 Demolished Structures: In the case of a demolished structure, the owner is obligated to remit the minimum quarterly service charge to retain the capacity rights allocated to the property. If the owner desires to terminate the account and thereby eliminate any additional accrual of charges, the owner must do so by written request to the Authority. The termination of the account to the demolished property does not eliminate the requirement to pay the account balances accrued. Termination of the account results in a recission of capacity rights to the property.

Any subsequent use of the parcel involving the need for the public water and/or sewer system will require application under those rules and the payment of connection fees at prevailing rates. The request of the owner for account termination must include an acknowledgment of the aforesaid provisions. Back to top.

2.13 DISCONTINUANCE OF SERVICE (BY ACTION OF THE AUTHORITY)

Service may in the sole discretion of the Authority, be discontinued for any of the following reasons:

  1. Misrepresentation in application.
  2. Willful waste of water through improper or imperfect pipes, fixtures, or otherwise.
  3. Failure to comply with restrictions imposed pursuant to these rules.
  4. Use of water for any other property or purpose than that described in the application.
  5. Tapering any service pipe, meter, curb, stop cock or seals or any other appliance of the Authority.
  6. Vacancy in excess of 30 days (water only).
  7. Neglecting to make a renewed deposit, for any nonpayment of any charge accruing under the application.
  8. Refusal of any reasonable access to the property for the purposes of inspecting or for reading, caring for or removing meters.
  9. Making, or refusing to sever any cross connection between a pipe or fixture carrying water furnished by the Authority and a pipe or fixture carrying water from any other source.
  10. Nonpayment of bills within the time prescribed by Section 2.7.
  11. Violation of any of the rules of the Authority. Back to top.

2.14 RENEWAL OF SERVICE AFTER DISCONTINUANCE

Water service will be renewed, under proper application, when the conditions under which such service was discontinued have been corrected and upon the payment of all proper charges or amounts provided in the schedule of rates or rules of the Authority, due from the applicant. Back to top.

2.15 TURN OFF WITHOUT AUTHORITY

Neither the customer or any plumber or any other person shall turn the water on or off at any corporation stop, curb stop or water valve; or disconnect or remove the meter or permit its disconnection or removal, without the written consent of the Authority. Back to top.

2.16 UNAUTHORIZED CONNECTION TO SEWER/WATER SYSTEM

Any property owner or person(s) authorizing a contractor to connect water or sewer services to a property without the permission of the Hamilton Township Municipal Utilities Authority is subject to legal recourse by the Authority. Prior to the granting of said permission, all connection and lateral fees must be paid. Back to top.

2.17 EMERGENCY PROVISIONS

2.17.1 System Shutoff/Disruption - As necessity may arise in the event of breakdown emergency, or for any other unavoidable cause, the Authority shall have the right to cut off the water supply temporarily, in order to make the necessary repairs, connections, etc. but the Authority will use all reasonable and practicable measures to notify the customer of such discontinuance of service. In such case, the Authority shall not be liable for any damage or inconvenience experienced by the customer; or any claim against it at any time for interruption in service, lessening of the supply in adequate pressure, poor quality of water, or for any causes beyond its control. When the supply of water is to be temporarily interrupted, notice will be given, when practicable, to all customers affected by the temporary interruption of service, stating the probable duration of the interruption, and also the purpose of the interruption.

2.17.2 Water Emergency/Water Restriction - At the request of the Authority, the Township of Hamilton adopted Ordinance #1237-96 on January 24, 1997 instituting provisions to address the need to enforce the restriction of water usage during emergency situations. The components of the Ordinance are as follows:

  1. Declaration of Water Emergency
    In the event of a declaration by the Hamilton Township Municipal Utilities Authority of an emergency situation with respect to the availability of potable water from its water distribution system, it shall be unlawful for any person or corporation that is a customer of the Authority for these water services, after receiving actual or constructive notice of such declaration, to use water from the water distribution system of the Authority for the purposes of watering lawns or gardens, washing motor vehicles or filling swimming pools or such other water usage as may be prohibited in the declaration set forth by the Authority.

  2. Limited Use During Periods of Low Water Pressure
    In the event of a declaration by the Hamilton Township Municipal Utilities Authority of an existing or anticipated state of low water pressure in the distribution system of the Authority, it shall be unlawful for any person or corporation having an address ending in an odd numeral, or in the event there is no numeral using the lot number, after receiving actual or constructive notice of such declaration, to use water from the distribution system of the Authority for the purposes of watering lawns or gardens, washing motor vehicles or filling swimming pools or such other use as may be identified by the Authority in the declaration on other than an odd date; and it shall be unlawful for any person or corporation having an address ending in an even numeral, or in the event there is no numeral using the lot number, to use water from the distribution system of the Authority for the purpose of watering lawns or gardens, washing motor vehicles or filling swimming pools or such other use as may be identified by the Authority in the declaration on other than an even date.

  3. Enforcement of Water Use Restrictions
    The water use restrictions imposed pursuant to the Ordinance shall be enforced by the local authorized official of either the Township or the Authority. Whenever a local authorized official shall find a violation of the water use restrictions, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided in Section 4 of the Ordinance. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this Ordinance and the declaration of the Authority.

  4. Penalties
    Following a first offense as set forth in Section 4 of the Ordinance, any person or business who thereafter violates the water use restrictions imposed pursuant to the Ordinance shall be subject to a fine of not less than $200 for the second offense and $500 for the third and each additional offense. Each and every day that a violation exists shall constitute a separate violation. Back to top.

2.18 RESERVE SUPPLY/WATER CONSERVATION

2.18.1 General - The Authority shall have the right to reserve a sufficient supply of water at all times in storage, to provide for fire and other emergencies or may restrict or regulate the quantity of water used by the customer in case of scarcity or whenever the public welfare may so require.

2.18.2 Water Conservation/Emergency/Water Restriction Phases

  1. Phase I
    1. Commences May 1 and ends October 1
    2. Method is odd/even as follows:
    3. Addresses ending in an even number may water lawns on even calendar dates.
    4. Addresses ending in an even number may water lawns on even calendar dates.
    5. A lot with no actual address number may water lawns on even calendar dates.
    6. The 31st of May, July and August are “open lawn watering dates” - all lawns may be watered.

  2. Phase II
    1. Commences under severe emergency condition or period of drought.
    2. Implemented by resolution of the HTMUA and notification via newspaper, radio, television, etc.
    3. All outside watering except for car washing and filling of swimming pools, restricted to 6:00 p.m. to 12:00 a.m. on odd/even days.

  3. Phase III
    1. Commences under extreme emergency condition or period of drought.
    2. Implemented by resolution of the HTMUA and notification via newspaper, radio, television, etc.
    3. All outside watering strictly prohibited.

Commercial Customers - All commercial customers and “Common Area” Irrigation Accounts may water Monday through Friday, 12:00 a.m. to 4:00 a.m. Irrigation on the weekends is prohibited Odd/Even designation does not apply. Back to top.

2.19 RESOLUTION IN EFFECT

This resolution shall take effect immediately, and a copy shall at all times be kept on file at the principal office of the Hamilton Township Municipal Utilities Authority and shall at all reasonable times be open to public inspection. All resolutions, rules or regulations inconsistent herewith are hereby rescinded. The Authority shall, as it deems necessary, amend these Rules and Regulations by passage of an amending resolution at a duly authorized meeting of the Authority. Back to top.

2.20 COMPLIANCE WITH RULES AND REGULATIONS

The applicant shall comply with all the Rules and Regulations as set forth herein. Failure to do so will result in “stop work order” by the Authority. These Rules and Regulations are minimum requirements, and are not intended to replace detail specifications which are the responsibility of the applicant. They are intended to apply to usual and not the exceptional conditions. These Rules and Regulations are subject to amendments by the Hamilton Township Municipal Utilities Authority. The Authority reserves the right to specify additional requirements. Back to top.