RULES AND REGULATIONS FOR WATER SERVICE ================================================================ Applicable within the DISTRICT and in ALL TERRITORY SUPPLIED BY THE AUTHORITY. FOR LIST OF MUNICIPALITIES IN WHICH THE AUTHORITY SUPPLIES WATER SERVICE, SEE TERRITORY, SHEET NO. 1. ================================================================ THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY REVISED: APRIL 20, 2017 TERRITORY SERVED District Town of Morristown County of Morris Township of Morris County of Morris Township of Hanover County of Morris Borough of Morris Plains County of Morris -----------------------------------------------------------------Other Systems Served *Township of Harding *Township of Mendham *Township of Randolph *Borough of Florham Park *Township of Chatham *Township of Parsippany-Troy Hills County County County County County County of of of of of of *Partially served Map of District and surrounding territory is annexed Morris Morris Morris Morris Morris Morris TABLE OF CONTENTS Index 1. 2. 3. Page No. DEFINITIONS 1.1 Authority....................................................... 1.2 Automatic Meter Reading......................................... 1.3 Check Valve..................................................... 1.4 Connected To or Connection...................................... 1.5 Connecting Pipe................................................. 1.6 Connection Fee.................................................. 1.7 Creating Municipalities......................................... 1.8 Curb Stop....................................................... 1.9 Customer........................................................ 1.10 Distribution Main............................................... 1.11 District........................................................ 1.12 Emergency Cut-In Valve.......................................... 1.13 Executive Director.............................................. 1.14 Master Meter.................................................... 1.15 Meter........................................................... 1.16 Premises........................................................ 1.17 Pressure Reducing Valve......................................... 1.18 Pressure Relief Valve........................................... 1.19 Private Fire Service Hydrants or Private Fire Hydrants.......... 1.20 Private Fire Service Line....................................... 1.21 Rules And Regulations........................................... 1.22 Service Charge.................................................. 1.23 Service Pipe.................................................... 1.23.1 Service Pipe – Large Diameter....................... 1.24 Service Unit.................................................... 1.25 Superintendent.................................................. 1.26 Tap or Corporation Stop......................................... 1.27 Transmission Main............................................... 1.28 Water Main Extension............................................ 1.29 Water Service................................................... 1 1 1 1 1 1 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 4 5 5 5 5 5 5 5 APPLICATIONS FOR SERVICE WITHIN THE DISTRICT 2.1 Premises previously supplied.................................... 2.2 Premises not previously supplied................................ 2.3 Purpose for which service will be used.......................... 2.4 Authoriy may reject applications................................ 2.5 Rejection of applications....................................... 2.6 Not transferable................................................ 2.7 Special purposes................................................ 2.8 Use must conform with application............................... 2.9 Water for building construction purposes........................ 2.10 Street opening permits.......................................... 2.11 Extensions of distribution mains................................ 2.12 In arrears...................................................... 2.13 Estimated average daily usage................................... 6 6 6 6 7 7 7 7 7 8 8 9 9 CUSTOMER DEPOSITS 3.1 When required - - Amount........................................ 9 3.2 Customers in default............................................ 9 3.3 May be applied to delinquent accounts.......................... 10 3.4 Receipts....................................................... 10 3.5 Refund when credit established................................. 10 3.6 Interest....................................................... 10 3.7 Refund following discontinuance of service..................... 10 3.8 Surrender of deposit receipt................................... 10 i TABLE OF CONTENTS Index 4. 5. 6. 7. 8. 9. Page No. 3.9 Building construction purposes................................. 11 WATER 4.1 4.2 4.3 4.4 4.5 MAIN EXTENSIONS WITHIN THE DISTRICT Applications................................................... Installation in public streets................................. Form of Agreements............................................. Owned, maintained and controlled by the Authority.............. Additional Customers or mains may be connected................. 11 11 12 12 12 SERVICE APPLICATIONS OUTSIDE THE DISTRICT 5.1 Applications restricted........................................ 5.2 Review by Superintendent....................................... 5.3 Premises previously supplied by Morristown..................... 5.4 Premises not previously supplied by Morristown................. 12 13 13 13 APPLICATIONS FOR MAIN EXTENSIONS OUTSIDE DISTRICT (NEW EXTENSIONS) 6.1 Applications................................................... 6.2 Review by Superintendent....................................... 6.3 Review by Consulting Engineers................................. 6.4 Consent by Creating Municipalities............................. 6.5 Certification by Engineer...................................... 6.6 Presentation to Members........................................ 6.7 Request for Approval by Creating Municipalities................ 6.8 No oblication by Authority; Applicant to provide additional information; costs............. 6.9 Approvals...................................................... 14 14 15 16 18 18 18 19 21 SERVICE PIPES 7.1 Furnished, installed and maintained by Customers............... 7.2 Installation by employees or authorized persons................ 7.3 Authority to control size...................................... 7.4 Separate trench required....................................... 7.5 Curb stop...................................................... 7.6 Limited to single premises..................................... 7.7 Independent piping, valving, and a separate meter.............. 7.8 Two or more Customers - Meter and piping....................... 7.9 Change at expense of Customer.................................. 7.10 Temporary use.................................................. 7.11 Request for larger size service................................ 7.12 Request for reduction in size.................................. 21 21 22 22 22 22 22 22 23 23 23 23 CONNECTING PIPES 8.1 Installed at expense of Customer............................... 8.2 Pipe is property of Customer................................... 8.3 Specifications for pipe........................................ 8.4 Method of installation......................................... 8.5 Inspection by Authority........................................ 8.6 No attachment between meter and main........................... 8.7 Customer shall make required changes........................... 8.8 On property of others - - Permission required.................. 24 24 24 24 25 25 25 25 CUSTOMER'S PREMISES 9.1 Piping shall conform to regulations............................ 9.2 Authority shall have right of access........................... 9.3 Customer shall obtain permits.................................. 9.4 Access to meter restricted..................................... 26 26 26 26 ii TABLE OF CONTENTS Index Page No. 9.5 9.6 9.7 9.8 9.9 9.10 9.11 10. 10A. 11. 12. Notification of defective service.............................. Compliance with governmental regulations....................... Connections with unapproved sources prohibited................. Auxiliary source shall be identified........................... Back-flow and back-siphonage................................... Unoccupied premises............................................ Leakage shall be repaired by Customer.......................... 26 27 27 27 27 27 28 PRIVATE FIRE PROTECTION SERVICE 10.1 Separate application required.................................. 10.2 Installation................................................... 10.3 Separate service pipes required................................ 10.4 Special meters provided........................................ 10.5 Charge and billing............................................. 10.6 Special storage facilities..................................... 10.7 Authority shall have right to inspect.......................... 10.8 Emergency Cut-In Valves........................................ 28 28 28 29 29 29 29 30 PRIVATE 10A-1. 10A-2. 10A-3. 10A-4. 10A-5. FIRE PROTECTION SERVICE HYDRANTS Private Fire Hydrants Application ............................ Private Fire Hydrant Installation ............................ Private Fire Hydrants Detector Check ......................... Charge for Private Fire Hydrant .............................. Authorized Representatives ................................... 31 31 31 31 31 METERS 11.1 Furnishing, installation and maintenance of meters............. 11.2 Meter fittings................................................. 11.3 Location subject Authority approval............................ 11.4 Specification for installation................................. 11.5 Support for meters............................................. 11.6 Pressure reducing valve........................................ 11.7 Outside installations.......................................... 11.8 Installation on property of others............................. 11.9 Accessible location required................................... 11.10 Protection of outside installation............................. 11.11 Maintenance and repair......................................... 11.12 Recording determined quantity delivered........................ 11.13 Reading........................................................ 11.14 Estimated readings............................................. 11.15 Customer should report unusual usage........................... 11.16 Tests for accuracy............................................. 11.17 Adjustment in case of inaccuracy............................... 11.18 Resetting after test........................................... 11.19 Charges for replacement........................................ 11.20 Removal by authorized persons only............................. 11.21 Tampering prohibited........................................... 11.22 Testing of large meters........................................ 11.23 Remote Meter Reading Devices................................... 11.24 Automatic Meter Reading (AMR).................................. 32 32 32 32 33 33 33 33 34 34 34 34 34 34 35 35 35 35 35 36 36 36 36 38 BILLS 12.1 12.2 12.3 12.4 39 39 39 40 Bills based on Service Charges................................. When rendered.................................................. Information shown on bills..................................... Adjustment of estimated bills.................................. iii TABLE OF CONTENTS Index 13. 14. Page No. 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 Meter reading deemed conclusive................................ Minimum charges................................................ Two or more meters on same premises............................ Customer's responsibility for payment.......................... Payment by agents or tenants................................... When and where applicable...................................... Interest on Service Charges.................................... Enforcement of liens........................................... Discontinuance for nonpayment.................................. Resumption after such discontinuance........................... Bankruptcy or fraud - Immediate payment required............... Inadvertant Delay or Failure to Bill........................... 40 40 40 40 41 41 41 41 42 42 42 42 BASIS 13.1 13.2 13.3 13.4 OF DISCONTINUANCE OF SERVICE Reasons for discontinuance..................................... Notice of discontinuance....................................... Disputes....................................................... Restoration of Service......................................... 43 46 48 50 PUBLIC FIRE PROTECTION 14.1 Application by municipalities.................................. 14.2 Hydrants owned by Authority.................................... 14.3 Payment of charges............................................. 14.4 Hydrants shall be used for public fire protection only......... 14.5 Authority should be notified after use of hydrant.............. 14.6 Special use - Permit required.................................. 14.7 Regulation wrench shall be used................................ 14.8 Method of use under permit..................................... 14.9 Hydrants shall not be left unattended while in use............. 14.10 Payment in advance - Refund.................................... 50 50 50 50 51 51 51 51 51 52 15. LAWN SPRINKLER AND IRRIGATION SYSTEMS 15.1 Vacuum breaker and check valve required........................ 52 15.2 Restrictions on use............................................ 52 16. GENERAL RULES 16.1 Limitations on use............................................. 16.2 Authority not liable for interruptions......................... 16.3 No guarantee of special service or fixed pressure.............. 16.4 Notice of temporary curtailment................................ 16.5 Quality of water not guaranteed................................ 16.6 No responsibility for equipment on Customer's premises......... 16.7 No guarantee from third parties................................ 16.8 No unauthorized use of Authority facilities.................... 16.9 Authority of agents or employees limited....................... 16.10 No modification of provisions.................................. 16.11 Resale restricted.............................................. 16.12 Developers to furnish approved subdivision plan................ 16.13 These Rules and Regulations part of all agreements............. 16.14 Changes and modification....................................... 53 53 53 54 54 55 55 55 56 56 56 56 56 56 PENALTIES FOR VIOLATIONS 17.1 Fine for violation............................................. 17.2 Payment of fines............................................... 17.3 Non-payment of fines........................................... 17.4 Penalties...................................................... 57 57 58 58 17. iv TABLE OF CONTENTS Index 18. 19. 20. Page No. CONNECTION FEES; TAPPING FEES 18.1 Separate charge for each connection............................ 18.2 Connection Fee in addition to Tapping Fee...................... 18.3 Calculation of Connection Fee.................................. 18.4 Payment of Connection Fee and Tapping Fee...................... 18.5 Credits to Connection Fee...................................... 18.6 Waiver of Connection Fee....................................... 18.7 Connection fee charges to premises previously lawfully connected to the water system......................... 18.8 Reduced Rate/Credit for Public Housing Authorities and Non-profit Organizations Building Affordable Housing........... 58 58 59 59 59 60 60 61 OFF-SITE FACILITIES 19.1 Customers required to install and/or pay for cost.............. 19.2 Facilities shall be sole property of the Authority............. 19.3 Cost shall be determined or approved by the Authority.......... 19.4 Cost shall be paid and allocated............................... 19.5 Amount to be reimbursed to Initial Connector................... 19.6 Determining Customer's fair share of cost...................... 19.7 Costs to be assessed, allocated and collected.................. 19.8 Members of the Authority have the right to make exceptions..... 63 63 63 63 65 65 66 66 Multi-Use Service 20.1 Authority shall supply multi-use service unless good cause to refuse such multi-use service............................ 20.2 Multi-use service definition................................... 20.3 Application of multi-use service certification................. 20.4 Responsibility of customer applying for multi-use service...... 20.5 Multi-use service application.................................. 20.6 Discontinuance of service for Tariff violations................ 66 67 67 68 68 69 RATE SCHEDULES: Schedule Schedule Schedule Schedule Schedule Schedule Schedule Schedule Schedule Schedule Schedule Schedule Schedule Schedule No. No. No. No. No. No. No. No. No. No. No. No. No. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 No. No. No. No. No. No. 1 2 3 4 5 6 General Metered Service General Metered Service Private Fire Protection Public Fire Protection Non-Metered Service Miscellaneous Service Service to Other Systems Application for Water Main Extension Uncollectible Check Charge Schedule of Deposits (Omitted May 2006) Hydrant Permit Fees Water Search Service Charge Connection Fee Irrigation Service APPENDICES: Appendix Appendix Appendix Appendix Appendix Appendix v STANDARD TERMS AND CONDITIONS 1. DEFINITIONS 1.1 AUTHORITY shall mean The Southeast Morris County Municipal Utilities Authority. 1.2 AUTOMATIC METER READING (AMR) shall mean the reading of meters electronically. AMR shall also refer to the equipment and devices necessary to read meters via the telephone system including the encoder type water meter, meter interface unit telephone jacks, wires and all other equipment and appurtenances owned by, leased by or under the control of the Authority. 1.3 CHECK VALVE is an automatically operated value designed to permit the flow of water in one direction only. 1.4 CONNECTED TO or CONNECTION means any direct or indirect connection of a Premise or any existing or proposed building, facility or other structure thereon to the water system of the Authority; including any addition or physical or operational change which increases the number of service units and/or projected water usage from the Premises and for which a building permit or other municipal approval including but not limited to site plan or subdivision approval is required. 1.5 CONNECTING PIPE is the supply pipe connected to the service pipe at the curb stop and leading therefrom to the meter on the customer's premises. - 1 - STANDARD TERMS AND CONDITIONS 1.6 CONNECTION FEE is a charge imposed upon the owner or occupant of property or premises to be connected to the Authority's water system representing a fair payment toward the cost of the water system and calculated pursuant to N.J.S.A. 40:14B-21. The Connection Fee is an addition to the actual cost of the physical connection or "tapping fee" imposed pursuant to the rate schedules annexed to these Rules and Regulations. 1.7 CREATING MUNICIPALITIES refers to the Authority's four creating municipalities, i.e., The Town of Morristown, The Township of Hanover, The Township of Morris and The Borough of Morris Plains. 1.8 CURB STOP is the fitting attached to the service pipe at the curb, for turning on and shutting off water. 1.9 CUSTOMER is a person, partnership, firm, corporation governmental subdivision or agency receiving water service to premises, as hereinafter defined. 1.10 DISTRIBUTION MAIN is a pipe which delivers water to the service pipes attached thereto to serve the premises of customers. 1.11 DISTRICT means the territory consisting of the combined areas of the Town of Morristown, The Township of Hanover, The Township of Morris and The Borough of Morris Plains. 1.12 EMERGENCY CUT-IN VALVE is a device installed on auxiliary - 2 - STANDARD TERMS AND CONDITIONS fire service lines designed to open automatically when downstream pressure drops below a pre-set head; and which automatically closes when pressure rises above the preset amount. 1.13 EXECUTIVE DIRECTOR means the Executive Director of the Authority. 1.14 MASTER METER is a single meter serving premises that include more than one service unit with one or more owners. 1.15 METER is a mechanical device which registers and records the quantity of water supplied to the Customer. 1.16 PREMISES means any parcel of land or any building, structure or combination of buildings or structures on one or more contiguous parcels of land owned, leased or occupied by provided. a Customer Without inclusiveness of the to which limiting foregoing, water the service generality the term is or PREMISES includes any apartment building, industrial or office complex, or cooperative apartment, condominium, townhouse or similar development served by one or more master meters for distribution to a greater number of unit owners or occupants within the development. 1.17 PRESSURE REDUCING VALVE is a device which is placed in pipelines to maintain automatically - 3 - a given working STANDARD TERMS AND CONDITIONS pressure on its outlet side regardless of the pressure on the inlet side. 1.18 PRESSURE RELIEF VALVE is a device installed in pipelines and other pressure systems to relieve automatically excess house system pressure, above the predetermined setting of the relief valve. 1.19 PRIVATE FIRE SERVICE HYDRANTS OR PRIVATE FIRE HYDRANTS are hydrants on private property connected to private water lines served by the Authority system and owned and maintained by the Customer. 1.20 PRIVATE FIRE SERVICE LINE is a service pipe leading from the Authority's main to a connection pipe and used exclusively for service to sprinkler heads and/or hose connections. 1.21 RULES AND REGULATIONS, as referred to herein, are these entire "Rules and Regulations for Water Service" as the same may be amended or revised from time to time. 1.22 SERVICE CHARGE means rents, rates, fees and other charges for direct or indirect connection for the use of products or services of the water system, or sale of water, or water services, facilities or products. 1.23 SERVICE PIPE is a supply pipe installed by the Authority at the Customer's expense leading from the corporation stop at the main to the curb stop and not to exceed two - 4 - STANDARD TERMS AND CONDITIONS (2) inches in diameter. 1.23.1 SERVICE PIPE – LARGE DIAMETER is a supply pipe installed by the Customer at the Customer's expense leading from a shut off valve at the main to the Customer's premises and is larger than two (2) inches in diameter. 1.24 SERVICE UNIT means a residential, commercial, industrial or other unit of property to which water service is provided either by direct connection or a master meter serving other units. 1.25 SUPERINTENDENT means the Superintendent of Authority. 1.26 TAP OR CORPORATION STOP is the fitting inserted in the distribution main to which the service pipe is attached. It is used for shutting off water in case of repairs to the service pipe. 1.27 TRANSMISSION MAIN is a pipeline of large diameter (usually 10" and larger) which delivers water from the various pumping stations and distribution reservoirs to the distribution mains. 1.28 WATER MAIN EXTENSION is an addition to the existing system of transmission and distribution mains, con- structed by or for the Authority. 1.29 WATER SERVICE includes all service necessary to supply Customers with water at their premises. - 5 - STANDARD TERMS AND CONDITIONS 2. APPLICATIONS FOR SERVICE WITHIN THE DISTRICT 2.1 Application for water service to premises previously supplied shall be made at the General Offices of the Authority, 19 Saddle Road, Cedar Knolls, New Jersey, in person, by the owner, lessee or duly authorized agent unless otherwise permitted by the Authority. See Appendix #1. 2.2 Application for water service to a new building or to premises not previously supplied shall be made at the General Offices of the Authority, 19 Saddle Road, Cedar Knolls, New Jersey, in person by the owner, lessee or duly authorized agent. The applicant shall be required to sign forms provided by the Authority. See Appendix #1 and #2. 2.3 An applicant for water service shall state at the time of making application, the purposes for which service will be used, estimated water use where applicable, and may be required to sign an agreement or other form covering special circumstances for the supply of such service. 2.4 If the person applying for service is a tenant or lessee, the name and address of the owner of the property must also be provided on the application form. Unpaid service charges are liens against the real property for which the owner is responsible. The Authority will enforce such - 6 - STANDARD TERMS AND CONDITIONS liens until the unpaid service charges and all interest accrued thereon are paid in full. 2.5 The Authority may reject applications for water service where such practicably service or is feasibly not be available; provided, or or cannot where such service might affect the supply to existing Customers; or for failure of the applicant to agree to comply with any of the Authority's Rules and Regulations; or for other good reasons. 2.6 Applications for water service are not transferable. Each new owner or occupant of the premises to be supplied is required to make a new application. 2.7 A separate application is required for a supply of water for special purposes. 2.8 A Customer shall not allow the use of water by others through the meter located in his premises, except at such premises; nor shall water be used at any premises not designated in the application, except as specifically authorized by the Authority in writing. 2.9 If the application is made for the supply of water for building construction purposes, the Authority shall have the option of providing metered or unmetered services. (1) If metered, the water used shall be billed at the rates applicable - 7 - to General Metered STANDARD TERMS AND CONDITIONS Services set forth in Service Charge Schedule No. 1. (2) If unmetered, the water used shall be billed at the rates Construction Charge applicable Service Schedule No. set 11, to forth plus Building in any Service overhead charges incurred by the Authority. 2.10 The applicant will make application for any street or highway opening permits (except state highway) for installing service connections and no service will be furnished until such permits are provided and delivered to the Authority. (1) If a charge is made by a municipality or other governmental agency controlling the street or highway for installing facilities, the charge shall be paid by the applicant. 2.11 Applications for extension of distribution mains within the District are covered under a separate section, entitled, "WATER MAIN EXTENSION WITHIN THE DISTRICT." Applications for service and main extensions outside the District are covered under separate sections entitled "SERVICE APPLICATIONS OUTSIDE THE DISTRICT" and "APPLICATIONS FOR MAIN EXTENSIONS OUTSIDE DISTRICT ('NEW EXTENSIONS')." - 8 - STANDARD TERMS AND CONDITIONS 2.12 No service will be provided to any applicant for water service until all valid bills due from the applicant for service furnished at any present or previous locations shall have been paid and a deposit made pursuant to Section 3.1. 2.13 In the space provided on the application, the applicant shall state the estimated average daily usage expected through such service, when requested by the Authority. This estimate will used to determine appropriate meter size as well as applicable fees which are based on average daily usage. 3. CUSTOMER DEPOSITS 3.1 Deposits may be required in cases involving new Customers or existing Customers delinquent payments. who have had a history of The amount of the deposit will be determined by the Authority based upon the estimated charge for service during a billing period including the average time required for collection after bills are rendered. 3.2 Customers in default of payment of bills, or with a history of delinquent payment, may be required to furnish a deposit or increase their existing deposit in an amount sufficient to secure the payment of future bills. Service may be discontinued for failure to make such - 9 - STANDARD TERMS AND CONDITIONS deposit, after proper notice. 3.3 If a Customer who has made a deposit fails to pay a bill, the Authority may apply the deposit to the extent necessary to satisfy the bill and require that the deposit be restored to its original amount, or such increased amount as may be sufficient, in the opinion of the Authority, to secure payment of future bills. 3.4 The Authority will furnish a receipt to each Customer who has made a deposit. 3.5 The Authority will review a Customer's account at least once every two years and if this review indicates, to the Authority's satisfaction, that the Customer has established a good credit, the deposit will be refunded to the Customer. 3.6 Simple interest, at a rate to be determined from time to time by the Authority, will accrue on such deposits, provided the deposit remains with the Authority at least three months. 3.7 Following final termination of service, the Customer will receive a refund of any deposit, together with accrued interest, less any amount due for unpaid bills. 3.8 Customers will be required to surrender the deposit receipt. If the receipt cannot be produced, a written agreement, to indemnify the Authority against any claim - 10 - STANDARD TERMS AND CONDITIONS arising from failure to surrender the original receipt, may be required. 3.9 Deposits will be required to guarantee the payment for metered water used for construction purposes where no advance payments have been made. These deposits will be based upon the cost of the meter, plus the estimated amount of water which may be used during construction. When the meter is returned to the Authority in good condition, the deposit will be refunded, together with accrued interest, less any amount due for unpaid bills plus overhead charges. 4. WATER MAIN EXTENSIONS WITHIN THE DISTRICT 4.1 Applications for main extensions within the District shall be made in person, at the General Offices of the Authority, 19 Saddle Road, Cedar Knolls, New Jersey. Upon receipt of such application, the Authority will make a survey and advise the applicant as to the most suitable plan for installing the proposed extension. 4.2 Distribution mains will be extended only in public streets or highways or in new streets or highways, not yet accepted, but which have been laid out according to an accepted plan approved by the appropriate governmental entities. cases The Authority will require an easement in where the streets - 11 - or highways have not been STANDARD TERMS AND CONDITIONS accepted, such easement to be obtained and/or provided by the Customer at no expense to the Authority. Under no circumstances will distribution mains be installed until streets or highways have been rough graded to an established and approved grade. 4.3 Extensions will be installed pursuant promulgated by the Authority. to agreements See Appendix #3 for Agreement Forms. 4.4 Each extension shall become a part of the distribution system of the Authority and shall be owned, maintained and controlled by the Authority. 4.5 The Authority shall have the right to connect additional Customers to an extension. 5. SERVICE APPLICATIONS OUTSIDE THE DISTRICT 5.1 No Application for the supply and distribution of water, directly or indirectly, to any parcel of real property situated outside the District shall be approved or accepted unless (i) such parcel was supplied with water by the Town of Morristown prior to January 20, 1977; or (ii) written consent to such supply shall have been given to the Authority by all of its four creating municipalities, i.e. the Town of Morristown, The Township of Hanover, The Township of Morris and the Borough of Morris Plains. - 12 - STANDARD TERMS AND CONDITIONS 5.2 Upon receipt of an application for service outside the District, the Superintendent shall determine whether: (a) The parcel of real property in question was supplied with water by the Town of Morristown prior to January 20, 1977; and (b) The proposed service requires the construction of any "New Extension" as defined in the Service Contract between the Authority and its creating municipalities dated January 20, 1977 ("Service Contract"). The term "New Extension", as so defined, means any new water main other than a service connection from a property fronting on the System (or having reasonable access thereto) which is not part of the "Project" improvements described in the Service Contract. 5.3 If the Superintendent determines that such parcel of real estate was supplied with water by the Town of Morristown prior to January 20, 1977 and that no "New Extension" is to be constructed, the application shall proceed in the same manner as an application for service within the District. 5.4 (a) If the Superintendent determines that the parcel was not supplied with - 13 - water by the Town of STANDARD TERMS AND CONDITIONS Morristown prior to January 20, 1977 but that no "New Extension" is to be constructed in connection with the application the matter shall be submitted to the Members for determination as to whether requests should be made to the creating municipalities. In such event the applicant will be requested to complete the applicable portions of the authorization form annexed hereto as Exhibit A and pay the application fee set forth therein. (b) If the Superintendent determines that the parcel was not supplied with water by the Town of Morristown prior to January 20, 1977 and that a New Extension is to be constructed in connection with the application, the application shall be processed as an "Application For Main Extension Outside District" as hereinafter provided in Section 6. 6. APPLICATIONS FOR MAIN EXTENSIONS OUTSIDE DISTRICT (NEW EXTENSIONS). 6.1 The applicant shall complete and file the Authority's regular application for water main extensions. 6.2 Upon receipt of a completed application and preliminary plans in connection with an application involving a proposed new extension located in whole or in part outside the District, the Superintendent shall determine - 14 - STANDARD TERMS AND CONDITIONS whether: (a) the proposed new extension is feasible considering its location, the property to be served, future service requirements, availability of supply, availability of alternate means of supply, and such other factors as may be relevant under the circumstances; and (b) construction of the extension is reasonably necessary in order that the Authority may provide service to persons or property within the District. 6.3 (a) In the event the Superintendent determines that subsections (a) and (b) of S6.2 are both applicable, the applicant shall be advised that the application may be processed only after review by the Authority’s engineer Chief selected Engineer by or the a consulting Authority and certification by such engineer as to the finding set forth as subsection (b) of S6.2. In such event, the applicant will be requested to complete the applicable portion of the authorization form annexed hereto preliminary as Appendix application fee #4 set and forth pay the therein. Upon completion of the form and payment of the - 15 - STANDARD TERMS AND CONDITIONS required fee, the matter shall be promptly referred to the Authority’s Chief Engineer or a consulting engineer selected by the Authority for securing the certificate referred to above. (b) Upon receipt of the said engineer's certificate, the same shall be delivered to the four creating municipalities, provided that the Members of the Authority shall first concur, by duly adopted resolution, in the determination of the Superintendent set forth in S6.2 (a) and in the certification of the engineer. The said engineer's certificate shall be dated not more than 30 days prior to the date of delivery to the creating municipalities. 6.4 In the event the Superintendent determines that only subsection (a) of S6.2 is applicable: (a) The applicant shall be advised that the service cannot be provided without the consent of the four creating municipalities and the Municipal Utilities Authority. Morris County The Superintendent shall advise the applicant that the Authority will make the necessary applications to the creating municipalities Utilities and Authority Authority that: - 16 - the Morris upon County determination Municipal by the STANDARD TERMS AND CONDITIONS (1) It is within the present capacity of the Authority's water supply system to provide water service to the area to be served by the proposed extension and such extension will not substantially impair the Authority's ability to meet existing and reasonably foreseeable service requirements within the District; and (2) Based upon the review of applicant's plans (and subject to modifications review therein) of the any changes proposed or new extension appears to be in conformity with proper water supply and engineering standards. (b) The applicant will be requested to complete the applicable annexed portion hereto as of the Appendix authorization #3 and form pay the preliminary application fee set forth therein. (c) Upon completion of the authorization form and payment of the applicable fee, the matter shall be referred to the Authority’s Chief Engineer or a consulting engineer selected by the Authority for the purpose of making the determinations set forth in S6.4 (a) (1) and (2) above. In the event of a negative determination by the said engineer as to either of these items, - 17 - the applicant shall be STANDARD TERMS AND CONDITIONS advised that the application is rejected and that service cannot be provided. In such event, the Authority may, in its sole discretion, return all or a portion of the preliminary application fee to the applicant. 6.5 In the event the Engineer makes positive findings as to both subsections (a) (1) and (2) of S6.4 (and only in that event) he shall certify same in writing to the Authority together with any conditions or comments which he may have regarding the application. 6.6 Upon receipt of the certification referred to in S6.5 from the engineer, the said certification shall be presented to the Members of the Authority together with the following: (a) Copies of the application. (b) The detailed plans for development which may be preliminary or final plans. (c) A report from the Superintendent setting forth all relevant information and a recommendation as to whether the requested extension should be permitted by the Authority stating specific reasons therefor. 6.7 The Members shall determine, at a regular or special meeting of the Authority, whether requests should be made to the creating municipalities and the Morris County - 18 - STANDARD TERMS AND CONDITIONS Municipal Utilities Authority for approval of the proposed extension. (a) If the Members decide not to make the request, the applicant shall be so advised. In such event the Authority may, in its sole discretion return all or a portion of the preliminary application fee. (b) If the Members decide to make the requests, such requests shall be made by the Authority or its designated agent or attorney in writing to the four creating municipalities and when applicable, to the Morris County Municipal Utilities Authority for approval of the proposed extension. Such requests shall be accompanied by a copy of the engineer's certificate referred to above and/or such other documentation as the Authority may determine to be relevant. Before making the request, or at any time during the pendency thereof, the Authority may require a supplemental application fee in an amount to be determined by the Members to defray the additional expenses hereinafter set forth. 6.8 (a) The Authority assumes no obligation with regard to the obtaining of any such approvals and shall in no way be responsible for the failure or inability to - 19 - STANDARD TERMS AND CONDITIONS secure same after written request therefor. (b) In the event any municipality or the Morris County Municipal Utilities Authority shall require any further information or documentation of any nature whatsoever including, without limiting the generality of the foregoing: any engineering reports or data, plans, maps, surveys, specifications, constructions details, legal opinions, testimony or reports of expert witnesses, or in the event any hearing is required or requested by any person in connection with such application, all such requested information or documentation, and all costs associated therewith and in connection with any such hearing shall be borne by the applicant, including the actual costs incurred by the Authority for professional legal and engineering services. (c) The costs referred to herein shall be in addition to the preliminary application fee to be paid by the applicant pursuant to S6.3 (a) which fee is intended only to defray the cost to the Authority of processing the initial application and making the written requests to the creating municipalities and the Morris County - 20 - Municipal Utilities STANDARD TERMS AND CONDITIONS Authority. The Authority may require either a supplemental fee (per S6.7b), cash deposit or other security with regard to the costs incurred or to be incurred in connection with the items set forth above. 6.9 Upon receipt of approvals from the creating municipalities and, when applicable, the Morris County Municipal Utilities Authority, the application shall proceed as an application within the District. The obtaining of such approvals shall not in any way excuse the applicant from complying with all applicable Authority regulations or requirements; nor impinge upon the Authority's right and determine whether service shall, in any given case, be provided, notwithstanding such approvals. 7. SERVICE PIPES 7.1 The service pipe from the distribution main to the curb line, including the curb stop will be furnished, installed and maintained by the Authority except in the case of SERVICE PIPES - LARGE DIAMETER as defined in DEFINITIONS 1.23.1 where the maintenance of the service pipe is the responsibility of the Customer. 7.2 Only employees or other persons authorized by the Authority will be permitted to make connections to the mains of the Authority. - 21 - STANDARD TERMS AND CONDITIONS 7.3 The Authority will control the size of the opening to be made in the distribution main and the size of the service pipe to be installed. 7.4 No service pipe will be installed where the connecting pipe is laid or to be laid in the same trench with sewer pipe, gas pipe, electric conduit or any other facility, except as provided by laws of the State of New Jersey. 7.5 A curb stop will be installed by the Authority at or near the curb line, in such a manner as to permit attachment of the Customer's connecting pipe. the The curb stop is available for turning on and shutting off the supply of water in emergencies or for purposes of repair. Only Authority employees or persons duly authorized to do so by the Authority are permitted to operate the curb stop. 7.6 Each account shall be supplied by one service pipe, unless otherwise required or approved by the Authority. 7.7 The piping of the building shall be so arranged that each Customer can be supplied through independent piping, valving, and a separate meter. 7.8 Where two or more Customers are supplied through a single service pipe, any violation of the rules of the Authority by either or any of said Customers shall be deemed a joint violation. The Authority may take such corrective - 22 - STANDARD TERMS AND CONDITIONS action with respect to the violation as would be taken in the case of a single Customer. Such action shall not be taken until the Customer who is not in violation has been given reasonable opportunity to attach the service pipe leading to his premises to a separately controlled service connection. 7.9 Any change requested by the Customer in the location of the existing service pipe, if approved by the Authority shall be made at the expense of the Customer. 7.10 Where a service pipe is for temporary use, the Customer shall bear the entire expense of making the connection. 7.11 Where a service pipe is available in front of a Customer's premises, he may obtain a different size service (in accord with rate schedule) provided such service is established on a permanent basis. Any subsequent request for a reduction in the size of the meter shall be subject to Authority approval and at his expense upon payment of the charge prescribed by the Authority. 7.12 When a large size service pipe has been installed at the request of previously a Customer, supplied, any in front subsequent of premises request for not a reduction in the size of the meter shall be subject to Authority approval and the payment by the Customer the - 23 - STANDARD TERMS AND CONDITIONS difference between the cost of installing the service pipe and the cost of installing a service pipe of the same size as the new meter. 8. CONNECTING PIPES 8.1 A connecting pipe attached to the service pipe to convey the water supply within the property of the Customer shall be installed at the expense of the Customer. 8.2 The connecting pipe is the property of the Customer and shall be maintained and kept in repair by the Customer. 8.3 The connecting pipe shall be copper tubing (or other material permitted by State Code) and quality approved by the Authority. 3/4 inch. The minimum diameter of the pipe shall be For connecting pipes two inches or larger in diameter, cast iron or other pipe of strength and quality approved by the Authority shall be used. 8.4 The connecting pipe shall be installed by a licensed plumber or other approved mechanic. The pipe shall be installed without sharp bends, at right angles to the line of the street, in a trench not less than four feet in depth, to avoid damage and possible interruption to service caused by freezing. The pipe shall not be installed within three feet of any permanent excavation or vault or other subsurface structure. Other utility service shall pipes, such as - 24 - sewer or gas, not be STANDARD TERMS AND CONDITIONS installed in the same trench without the express consent of the Authority. 8.5 The Authority reserves the right to inspect the installation prior to backfilling the trench and to withhold the installation supply or any of water part service thereof is whenever deemed by such the Authority to be leaking, unsafe, inadequate or unsuitable for receiving service, or to interfere with or impair the continuity or quality of service to the Customer or to others. 8.6 No attachment shall be made to the service or connecting pipe, or any branch thereof, between the meter and the main. 8.7 The Customer shall make all changes in the connecting pipe due to changes in grade, relocation of mains, or other causes, at Customer's expense. 8.8 Where it is necessary to install a connecting pipe on the property of persons other than the applicant for service, written authority from such property owners, in a form approved by the Authority, shall be obtained by the applicant. prior Any such installation shall be subject to the approval of the discretion. - 25 - Authority and in its sole STANDARD TERMS AND CONDITIONS 9. CUSTOMER'S PREMISES 9.1 The Authority may refuse to provide a water service connection with any Customer's piping system or furnish water to any connecting pipe already installed, when the Customer's piping system is not installed in accordance with the regulations of the Authority and of the municipality in which the premises are located; or when the piping system on the premises is not at sufficient depth to prevent freezing. 9.2 The Authority shall have the right of reasonable access to a Customer's premises and to all property supplied by it, at reasonable times, for the purpose of inspection incident to the rendering of service, reading meters or inspecting, testing or repairing its facilities used in connection with supplying service, or for the removal of its property. 9.3 The Customer shall obtain or cause to be obtained, all permits needed by the Authority for access to its facilities. 9.4 The Customer shall not permit access to the meter or other facilities of the Authority except by authorized employees of the Authority or other duly authorized persons. 9.5 In case of defective service, the Customer shall not - 26 - STANDARD TERMS AND CONDITIONS interfere with the apparatus or appliances belonging to the Authority but shall notify the Authority immediately. 9.6 All piping within a Customer's premises shall comply with applicable State, municipal and other regulations in force. 9.7 Physical connections, such as cross connections, either permanent or temporary, between pipes on a Customer's premises supplied by the Authority and any unapproved source of supply are prohibited. 9.8 In any premises where an auxiliary water source is available, the pipes carrying water from the mains of the Authority are required to be marked in some distinctive manner for ready identification. 9.9 No device or connection shall be permitted between pipes or fixtures carrying water from the mains of the Authority and any portion of the plumbing system of the premises in cases where the system is not designed to prevent back-flow or back-siphonage, except where approved by the Department of Environmental Protection Agency of the State of New Jersey. 9.10 If a premise is to remain unoccupied for an indefinite period, Customers are cautioned to have the interior plumbing drained, especially during cold weather, to avoid damage to pipes and fixtures. - 27 - When requested, the STANDARD TERMS AND CONDITIONS Authority will suspend service to unoccupied premises temporarily by shutting off the water at the curb and removing the meter. 9.11 Whenever leakage occurs in pipes and facilities owned by the Customer, the Customer shall make the necessary repairs without delay. said repairs, the If the Customer fails to make Authority reserves the right to discontinue the supply until such time as the leak is repaired and all costs incurred by the Authority are paid. 10. PRIVATE FIRE PROTECTION SERVICE 10.1 Customers are required to make separate written application for private fire protection service and enter into an agreement, a copy of which is annexed to these Rules and Regulations as Appendix #5. 10.2 Private fire service installations shall be made in accordance with the provisions of these Rules and Regulations regarding the installation of service and connecting pipes and other facilities. 10.3 Except as independent herein of provided, domestic separate service are service required pipes for Customers desiring private fire protection service to supply sprinkler heads or hose connections. The Members of the Authority may, in appropriate circumstances, waive - 28 - STANDARD TERMS AND CONDITIONS the requirements of this section in connection with an application by any of its Creating Municipalities (a "Creating Municipality") for water service to a direct public project of a Creating Municipality. Any such waiver shall be subject to approval by the Members of the Authority at a duly constituted meeting upon written request of a Creating Municipality setting forth the nature of the public project and the reasons for the requested waiver. 10.4 Private fire service lines must be equipped with special back flow protection devices. The Authority may require detector check meters or cut in valves for certain applications. Fire service lines shall be used exclusively for fire protection purposes. 10.5 The charge for private fire service is based on the size of the service. Bills for private fire service are rendered quarterly. 10.6 Where a tank, standpipe or other storage facility is used, it shall be so constructed and arranged as to protect the water from pollution and shall conform with all applicable rules Department of Health. and regulations of the State Arrangements shall be provided to permit drainage for inspection and cleaning. 10.7 Authorized representatives of the Authority shall have - 29 - STANDARD TERMS AND CONDITIONS the right to inspect all fire protection facilities on a Customer's premises. 10.8 EMERGENCY CUT-IN VALVES (a) Emergency Cut-In Valves are to be installed whenever an auxiliary water connection is provided to a master metered Customer. Emergency Cut-In Valves shall be normally closed and open automatically in the event of an emergency fire demand which lowers the water pressure on the Customer's premises. Emergency Cut-In Valves shall automatically close when the emergency is over and normal pressure is restored to the Customer's premises. Cut-In valves are owned and maintained by the Customer. (b) All Emergency Cut-In Valves shall be inspected and tested at least once a year, at the Customer's expense, by the valve manufacturer's representative or a qualified inspection agency approved by the Authority. The Customer shall secure a written report from the party conducting the inspection and testing and submit it to the Authority within 15 days after the inspection. Any necessary corrections shall be made by the Customer within 10 days and an additional inspection, testing and report shall be performed and submitted to the - 30 - STANDARD TERMS AND CONDITIONS Authority. (c) The Authority shall have the right to enter onto Customer premises and provide for inspection and testing of Emergency Cut-In Valves and charge the Customer for all expenses as provided in the appropriate rate schedule of Rules. 10A. PRIVATE FIRE PROTECTION SERVICE HYDRANTS 10A-1. Customers are required to make separate written application for private fire service hydrants ("Private Fire Hydrants"). Applications shall include a statement or approved plan from the local fire authority indicating the need for Private Fire Hydrants. 10A-2. Private Fire Hydrant installations shall be made in accordance with the provisions of these Rules and Regulations regarding the installation of service and connecting pipes and other facilities. 10A-3. Private Fire Hydrants shall require detector check meters or cut-in valves and shall be used exclusively for fire protection purposes. 10A-4. The charges for Private Fire Hydrants is based on the diameter of the hydrant and listed in Rate Schedule No. 4. 10A-5. Authorized representatives of the Authority shall have the right to inspect all fire protection facilities - 31 - STANDARD TERMS AND CONDITIONS on a Customer's premises. 11. METERS 11.1 The Authority will determine the size, type and make of all meters to be used, based upon the service desired. Except as Authority, otherwise all agreed meters to shall or be permitted owned, by the furnished, installed and maintained by the Authority. 11.2 Meter fittings shall be provided by Customer and shall conform to the specifications of the Authority. Such fittings shall be set in line, leaving the correct space between the couplings for later insertion of the meter. 11.3 The location of the meter and the arrangement of the fittings and pipe shall be subject to inspection and approval by the Authority. A gate valve is to be installed on the inlet and outlet side of the meter. 11.4 Meters shall be installed inside buildings unless otherwise required or agreed to by the Authority. Meters installed indoors shall be located in a clean, dry, safe place not subject to great variations in temperature, at or near the front wall as close as possible to the point of entrance of the connecting pipe. The location shall be such as to be easily accessible, with a minimum of inconvenience to the Customer or to the Authority, for reading, inspecting, testing, - 32 - changing and making STANDARD TERMS AND CONDITIONS necessary adjustments or repairs. 11.5 Meters shall be on appreciable vibration. a support which is free from Meters shall be supported firmly, not less than 12 inches nor more than 18 inches above the level of the floor. 11.6 A water pressure reducing valve shall be installed in all new services up to and including 2 inches in diameter to safeguard the plumbing. It shall be purchased by the Customer and installed between the inlet stop valve and the meter. used, a Where a water pressure reducing valve is suitable pressure relief valve should be installed on the hot water boiler and provision should be made for proper drainage. The pressure reducing valve shall be subject to approval by the Authority. 11.7 Where it is necessary to set a meter outside of a building, the meter shall be placed in a convenient meter box or vault, often referred to as the meter housing. This installation is subject to the approval of the Authority. The cost of installing and maintaining the meter housing is the responsibility of the Customer. 11.8 If the meter housing is installed upon property which is not owned or controlled by the Customer, the Customer shall obtain the written consent of the owner of such property prior to installation. - 33 - STANDARD TERMS AND CONDITIONS 11.9 The meter housing shall be located in an accessible place away from terraces, fences and other structures and shall be so located that it will not be a hazard. 11.10 The meter housing shall conform to specifications adopted by the Authority and annexed to these Rules and Regulations and shall be provided with a strong cover fastened with a convenient locking device. The cover shall be kept clear of snow, ice, dirt or any other objects reading, which might inspecting, prevent easy testing, accessibility changing and for making necessary adjustments or repairs of the meter. 11.11 The Authority maintains and repairs all meters owned by the Authority except in cases of misuse or damage by the Customer, in which event, the meter shall be repaired or replaced at the expense of the Customer. 11.12 The quantity of water recorded by the inside meter, as ascertained by periodic meter readings shall be taken to be the amount delivered to the Customer, except where the meter has been found to be registering inaccurately or has ceased to register. 11.13 Upon request, the Authority will explain the method of reading meters and computing bills, at the Authority's Office as shown on the bills rendered to Customers. 11.14 Where the meter has ceased to register or where - 34 - STANDARD TERMS AND CONDITIONS access to the meter cannot be obtained, meter readings may be estimated by a fair and reasonable method based upon the best information available. 11.15 If a Customer observes an unusual increase over the average quantity of water used, which cannot be accounted for, he should inform the Authority immediately. 11.16 In case a question arises as to the accuracy of a meter, the Authority will have it tested without charge, provided that the meter has not been tested within the period of one year previous to such request. If a test is requested at an interval of less than one year, a charge will be made for each such test. 11.17 If a meter is found to be registering fast by 2 per cent or more, an adjustment of charges will be made. 11.18 If a meter, upon test, is found to register within the prescribed limits of accuracy, the Authority reserves the right to reset the same meter in the premises from which it was removed. 11.19 The Authority will not charge for replacing a meter at the request of the Customer, unless the meter has been in use for less than two years. for replacing a meter for No charge will be made testing purposes or for replacing a defective meter, unless the defect is due to the negligence of the Customer. - 35 - STANDARD TERMS AND CONDITIONS 11.20 Only employees or persons authorized by the Authority shall remove the meter under any circumstances. 11.21 Tampering with the meter or its connections is prohibited. 11.22 All meters larger than 2 inches not owned and maintained by the Authority shall be tested at least once a year, at Customer’s expense, by a qualified inspection agency. The qualified inspection agency’s report shall be submitted to the Authority within 15 days after the inspection and corrections shall be made as required by the Authority. However, the Authority shall have the right to test and inspect all such meters pursuant to Section 11.18 of these Rules and Regulations. 11.23 Remote Meter Reading Devices (a) The Authority may require that a remote meter reading device be installed by the Authority for any existing service. In such case the cost will be borne by the Customer. (b) The Authority may require the installation of a remote meter reading device if the Authority is not able to gain entrance during the regular meter reading routine for four (4) consecutive reading periods. (c) The Authority requires the installation of a remote - 36 - STANDARD TERMS AND CONDITIONS meter reading device whenever an application for a new service line or new service connection is made in connection with a new or existing structure; the remote meter reading device will be installed at the expense of the person requesting the service. (d) The Authority will own and maintain the remote meter reading device in all instances. The payment by the Customer for the installation of a remote meter reading device does not give the Customer any ownership in the equipment. (e) The Authority reserves the right to determine whether the installation of a remote meter reading device is feasible. (f) In the event of a discrepancy between the remote reading device register and the inside meter, the reading of the inside meter will govern. In the event the Customer disputes the billing, the inside meter will be tested for accuracy. If the test determines that the meter is accurate the entire bill must be paid. If the meter is inaccurate, appropriate adjustments of the bill will be made. A copy of the meter test will be sent to the Customer upon request. - 37 - STANDARD TERMS AND CONDITIONS 11.24 Automatic Meter Reading (AMR) (a) The Authority will install, where feasible, AMR for all Customers. The cost of installation for existing, active Customers will be borne by the Authority. (b) The Authority reserves the right to charge a manual meter reading charge to Customers who refuse or are otherwise not served by AMR. (c) The Authority requires the installation of AMR (where feasible) whenever an application for a new service line or new service connection is made in connection with a new or existing structure; the cost of AMR shall be included in the fee for the service line or connection. (d) All AMR equipment will be the property of the Authority and will be maintained by the Authority or its authorized agent. (e) The Authority shall determine the AMR installation in all cases. (f) In the event of a billing dispute by the Customer, the Authority may test the meter for accuracy. If the in test discloses that the meter is not compliance with American Water Works Association (AWWA) prescribed - 38 - standards, an appropriate STANDARD TERMS AND CONDITIONS adjustment to the bill will be made. If the test discloses that the meter is in compliance with AWWA standards, the bill shall be paid as rendered and the Authority may assess the cost of testing the meter to the Customer. report will be A copy of the meter testing provided to the Customer upon request. 12. BILLS 12.1 All bills will be computed in accordance with the service charges of the Authority, as the same may be amended or revised from time to time in accordance with law. 12.2 Bills for general metered water service will be rendered at least once in each calendar quarter. Where meters are 1 inch in size or larger, and under special circumstances where smaller size meters are in service, bills will be rendered monthly. 12.3 Bills will show the meter reading at the beginning and end of the period, the reading dates, the number of cubic feet used and the amount of consumption. The bill will also include a facilities charge based upon the size of the meter as set forth in Rate Schedule No. 2 annexed to these Rules and Regulations. Bills will contain a statement that a Schedule of Service Charges is available to Customers upon request. - 39 - STANDARD TERMS AND CONDITIONS 12.4 Where a bill has been estimated, it will be so noted on the bill. An appropriate adjustment will be made for any difference between actual use and estimated use of water when the actual meter reading is obtained. 12.5 Except in a case where an inaccuracy has been established, the amount of the bill, based on the reading of the meter is deemed conclusive and must be paid. 12.6 Minimum charges are based on the size of the meter and include a water use allowance. 12.7 A Customer having two or more meters on the same premises will be charged at the rate for the quantity of water equivalent to the sum registered on all of the meters on the premises. The total consumption will be subject to a minimum charge equal to the sum of the minimum charges for each meter. Charges may be billed separately at the discretion of the Authority. 12.8 A Customer's responsibility to pay for water service continues from the time service is commenced, pursuant to his application, until written notice is received by the Authority of a change of ownership or occupancy of the premises or written notice is received by the Authority to discontinue the applicable service. Upon receipt of such notice, the Authority will arrange for a final meter reading and billing. No allowance will be made in cases - 40 - STANDARD TERMS AND CONDITIONS of non-occupancy, unless the Authority is notified in writing in the manner stated above. 12.9 If requested in writing by the Customer, the Authority will send bills to, and will receive payments from agents or tenants. However, this accommodation will in no way relieve the Customer of the responsibility of paying such charges. The Authority does not assume any obligation to notify the Customer of the non-payment of bills by agents or tenants. 12.10 Bills are payable on presentation, and may be paid in person or by mail at the Authority Offices of the Authority. 12.11 Interest at the rate permitted by law will be imposed upon all balances for service charges outstanding thirty (30) days or more until such time as all such service charges and the interest thereon shall be fully paid. 12.12 On or before January 15 of each year the Authority shall deliver, to the clerk and the officer enforcing municipal liens on real property of each of the creating municipalities, a certificate stating the amount of each unpaid balance of Service Charges with regard to real property within such municipality and identifying such real property. The creating municipalities are required - 41 - STANDARD TERMS AND CONDITIONS to enforce the lien of such Service Charges. 12.13 Accounts unpaid without receive low credit rating. reason, automatically Should a bill for water service remain unpaid after normal Authority collection procedures have been applied, water service will be discontinued. In the case of Customers who have made deposits for water service, the Authority will apply such deposits toward the bill in arrears, and will also require that the deposit be restored to an amount as set forth under Customers' Deposits (Paragraph 3.1) before service is resumed. 12.14 Where water service is discontinued for non-payment of bills, service will not be resumed until payment or satisfactory arrangements for payment have been made. Under such circumstances, the Authority may require a deposit or increased deposit from the Customer to insure prompt payment of future bills. 12.15 In case of bankruptcy, insolvency, fraud or where it indicated that the Customer is preparing to vacate the premises served, immediate payment of accounts may be required. 12.16 The Customer is responsible for all water and water service directly or indirectly supplied or furnished to the Premises and shall be bound by all other provisions - 42 - STANDARD TERMS AND CONDITIONS of these Rules and Regulations. Inadvertent delay or failure of the Authority to bill for such service during any one or more billing periods shall not excuse payment for such service and payment shall be made for such service upon receipt of an appropriate bill covering the period of delay or failure to bill. In appropriate situations, for good cause shown, the Authority, in its discretion, may permit payment of such amount over a period of time in monthly or other periodic installments. 13. BASIS OF DISCONTINUANCE OF SERVICE 13.1 The Authority shall, upon reasonable notice, when it can be reasonably given, have the right to suspend, curtail or discontinue service for the following reasons: (a) For the purpose of making permanent or temporary repairs, changes or improvements in any part of its system; (b) For compliance in good faith with any governmental order or directive notwithstanding such order or directive subsequently may be held to be invalid. (c) For any of the following acts or omissions on the part of the Customer: i. Non-payment service of a furnished previous location; - 43 - valid at bill a due for present or STANDARD TERMS AND CONDITIONS ii. Tampering with any facility of the relation to Authority; iii. Misrepresentation in application for, or use of service; iv. Customer moving from the premises unless the Customer requests that service be continued. v. Providing water service to others without the approval of the Authority; vi. Failure to make or increase an advance payment or deposit as provided for in the Authority's Rate Schedules or Rules and Regulations; vii. Refusal to contract for service where such contract is required; viii. Connecting and operating in such manner as to produce disturbing effects on the service of the Authority or other Customers; ix. Failure to permanent remove any physical temporary connection or or interconnection to any unapproved source of supply; x. Maintenance - 44 - of any water outlet STANDARD TERMS AND CONDITIONS improperly protected against back-flow or back-siphonage; xi. Willful waste of water through improper or imperfect pipes, connections, or fixtures owned by the Customer; xii. Failure to maintain, in good order, pipes, connections or fixtures owned by the Customer; xiii. Failure or neglect to connect to a new service pipe installed in front of a Customer's premises; xiv. Failure to properly construct and maintain meter housings; xv. Failure to comply with the standard terms and conditions contained in the Authority's Rules and Regulations; xvi. Violation of any state law, or any rule, regulation, order or restriction of any governmental agency, entity, or official having jurisdiction; xvii. Where the condition of the Customer's installation presents a hazard to life or property. xviii. For refusal of reasonable access or - 45 - STANDARD TERMS AND CONDITIONS Customer's premises for necessary purposes in connection with rendering of service, including meter installation, reading or testing, or the maintenance or removal of the Authority's property. 13.2 Notice of Discontinuance of Service is to be provided as follows: (a) A Customer wishing to discontinue service must give notice to that effect in writing. notice is not received by the Where such Authority, the Customer shall be liable for service until the final reading of the meter is taken. Notice to discontinue service shall not relieve a Customer from any minimum or guaranteed payment under any contract or rate schedule. (b) The Authority may discontinue service for non- payment of bills after giving the Customer seven days written discontinue. notice of its intention to However, in case of fraud, illegal use, or when it is clearly indicated that the Customer is preparing to leave, immediate payment of accounts may be required. (c) The Authority will not discontinue service because of non-payment of bills in cases where a charge is - 46 - STANDARD TERMS AND CONDITIONS in dispute, provided the undisputed charges are paid and a request is made to the Authority for an investigation of the disputed charge. (d) If a Customer is presently unable to pay an outstanding bill, because of specific extenuating circumstances, the Customer may Authority to discuss the possibility contact of the entering into a reasonable deferred payment agreement. Such agreements shall be reviewed and approved on a case by case basis. (e) Where the Authority determines that a landlordtenant relationship exists, the notice required pursuant to this Section 13.2 shall be given to the owner of the Premises to whom the last preceding bill was rendered and to the tenant(s) at the Premises before service is disconnected. Notice to tenant(s) shall be either hand delivered, mailed or posted in a conspicuous area of the Premises such as the common area of a multifamily Premises (more than two families). In case of a single family or two family Premises, individual notice shall be hand delivered or mailed to such tenant(s). The notice shall offer the tenant(s) continued service to be billed directly to the tenant(s) unless the - 47 - STANDARD TERMS AND CONDITIONS Authority determines such direct billing is not feasible. The continuation of service to a tenant shall be subject to payment by such tenant of the tenant's reasonably allocated share of any past due amounts but no tenant shall be required to pay any outstanding bills due on the allocation to any other person. account of or The provision of this subsection shall not apply if the existence of a landlord-tenant relationship could not reasonably be ascertained by the Authority. 13.3 Bill disputes will be handled in the following manner: (a) A Customer who wishes to contest a bill or any portion thereof shall contact a Customer Service Representative of the Authority who shall investigate the matter promptly and thoroughly, advise the Customer of the results of the investigation and attempt to resolve the dispute in a manner satisfactory to the Customer and the Representative are Authority. (b) If the unable Customer to and resolve Service the dispute in a mutually satisfactory manner, the Customer may request that the matter be reviewed by the Executive Director of the Authority. If - 48 - the Customer and Executive STANDARD TERMS AND CONDITIONS Director are unable to resolve the matter in a mutually request satisfactory a hearing Authority. manner, before the the Customer Members of may the Pending such hearing, the Members may, in appropriate cases, require that all or a portion of the disputed charges be placed in escrow. (c) The Customer shall be provided with written notice of the time and place of the hearing at least seven days prior thereto. (d) The Customer shall be entitled to appear personally or to be represented by counsel or assisted by another person of his choice. (e) At the hearing, the Customer or his representative shall have the right produce witnesses, present evidence or ask questions. (f) At the termination of the hearing, the Members shall render their decision. If decision is reserved, the Members shall, within 7 days after decision is rendered, notify his/her representatives, if the Customer any, of and their determination. If the Members determine that the Authority discontinue may service unless the Customer satisfies all or part of any unpaid bill or takes other corrective - 49 - action as required STANDARD TERMS AND CONDITIONS herein, the Customer shall be notified that service will be discontinued within 7 days from such notification unless compliance or payment is made. 13.4 Service shall be restored (a) upon proper application when the conditions under which service was discontinued are corrected, (b) payment of all proper charges provided for Authority's Rate Schedules and Rules and Regulations, (c) upon direction of a court, the members, or a governmental entity having jurisdiction. 14. PUBLIC FIRE PROTECTION 14.1 Upon application of duly authorized representatives of municipalities in the territory supplied, the Authority, will install fire hydrants for purposes of public fire protection, at locations agreed upon by governmental officials of the municipalities and representatives of the Authority. 14.2 Such hydrants are owned by the Authority and subject to regular inspection and maintenance by the Authority. 14.3 Municipalities shall pay a quarterly charge for public fire protection as provided in the applicable rate schedule. 14.4 Hydrants are not to be used for any purpose other than public fire protection, without the written permission of the Authority. - 50 - STANDARD TERMS AND CONDITIONS 14.5 All municipal departments should inform the Authority promptly of any hydrant which has been used, or is leaking, or in need of attention so that such hydrant may be placed in readiness for instant operation. 14.6 Where it is necessary to use hydrants for any purpose other than public fire protection, a special permit is required. contain Any such permit issued by the Authority may restrictions or conditions imposed in the interest of the public health, safety and/or general welfare. 14.7 No wrenches of any sort, other than the one supplied with the permit shall be used for opening or closing a hydrant. 14.8 If a hydrant is to be operated under a permit, the hydrant nozzle attachment should be equipped with a suitable hand controlled shutoff valve approved back flow preventer to be used for controlling the supply of water. While in use, the hydrant shall be opened fully and the hand valve shall be used for turning on and shutting off the water. 14.9 No attachment of any sort shall be left connected to a hydrant except when it is in actual use. No hydrant shall be left unattended while attachments are connected during the time it is in use. - 51 - Before closing time each STANDARD TERMS AND CONDITIONS day, the hydrant shall be shut, attachments removed, caps replaced and the hydrant left in readiness for instant use. 14.10 If payment is made for a month in advance and use of the hydrant is not required for the full time, a pro rata refund will be made, upon return of the hydrant wrench, hydrant nozzle attachment and permit. 15. LAWN SPRINKLER AND IRRIGATION SYSTEMS 15.1 All permanent lawn sprinkler or irrigation systems shall be equipped with an approved vacuum breaker and a satisfactory check valve to protect the public water supply from contamination. 15.2 Lawn sprinkler or irrigation systems, capable of using in excess of 5 gallons per minute, are subject to the following special provisions: (a) Water service to all such systems shall be limited to the hours between 10:00 P.M. and 4:00 A.M. However, this rule may be relaxed in certain areas under conditions where the normal water service will not be affected adversely thereby. (b) Notwithstanding any other provision above stated, the Authority may restrict the use of this service to certain entirely. definite periods or prohibit it In such event, every endeavor will be - 52 - STANDARD TERMS AND CONDITIONS made to notify Customers in advance by public notice. (c) The Authority shall have the right to discontinue service upon the failure of the Customer to comply with these provisions. 16. GENERAL RULES 16.1 The Authority reserves the right to install services and meters on the basis of the normal requirements for service. The Authority does not undertake to provide service for unduly high rates of water demand prevailing only for short periods of time and reserves the right to refuse to install over-sized services or meters to serve such high demands. 16.2 The Authority will endeavor to provide a regular and uninterrupted supply of water through its facilities, but in case service is interrupted, irregular, defective or fails because of breakdown or emergency, or from causes beyond the control of the Authority, the Authority will not be liable for damage or inconvenience resulting therefrom. 16.3 (a) The Authority does not undertake to render any special service or maintain any fixed pressure. - 53 - In STANDARD TERMS AND CONDITIONS the event of any accident or for other reasons, the Authority may shut off the water in its mains and pipes and may restrict the use of water whenever the public welfare may require. All Customers requiring or an uninterrupted supply a uniform pressure of water for steam boilers, hot water or other apparatus, or greater pressures than supplied at the meter, or for any other purpose, shall provide their own means of obtaining such service. (b) All newly installed equipment required for such purposes, including increasing pressure pumps beyond for the maintaining meter, shall or be purchased, installed, maintained, repaired and/or replaced by and at the expense of the Customer. Equipment previously installed by the Authority for such shall be maintained, repaired and/or replaced by and at the expense of the Customer. 16.4 When the supply of water is to be shut off temporarily or curtailed, a notice stating the purpose and probable duration of the shutoff or curtailment will be given to Customers affected whenever practicable. 16.5 The Authority does not undertake to supply any uniform quality of water for special purposes, such as manufacturing or processing plants, - 54 - laboratories, swimming STANDARD TERMS AND CONDITIONS pools, bleaching or dyeing plants or laundries. Customers requiring water of special quality, or water at all times free from discoloration or turbidity, shall provide their own means of filtering the water or such other protection as may be deemed necessary for the purposes required. 16.6 Neither by inspection nor non-rejection, nor in any other way does the Authority give any guarantee or assume any responsibility, express or implied, as to the adequacy, safety or characteristics of any structures, equipment, pipes, appliances or devices owned, installed or maintained by the Customer, or leased by the Customer from third parties. 16.7 The Authority will not give any guarantee or assume any responsibility, express or implied as to the adequacy, safety or characteristics of any structures, equipment, pipes, appliances or devices owned, installed or maintained by the Customer, or leased by the Customer from third parties. 16.8 Except as to the liability, if any, imposed by law, the Authority shall not be responsible for any injury, casualty, or damage resulting from the supply, or use of water service, or from the presence or operation of the Authority structures, equipment, pipes, appliances or - 55 - STANDARD TERMS AND CONDITIONS other devices on the Customer's premises. 16.9 No person, unless authorized by the Authority, is permitted to turn the water on or off at any street valve corporation stop and curb stop, or other street connection, or tamper with, disconnect or remove, any meter without the consent of the Authority. Penalties provided by law for any such action will be rigidly enforced. 16.10 No agent, representative or employee of the Authority has authority to modify any provision contained in these Rules or Regulations or to bind the Authority by any promise or representation contrary thereto. 16.11 Water service supplied by the Authority shall not be resold by a Customer, except by a duly authorized water utility. 16.12 Developers applying for water service to new subdivisions within or without the District shall furnish to the Authority a copy of the preliminary. 16.13 These Rules and Regulations are made a part of all agreements for the supply of water service unless specifically modified in a particular Rate Schedule. 16.14 The Authority reserves the right to terminate, change, revise or supplement these Rules and Regulations, to the extent permitted by law. - 56 - STANDARD TERMS AND CONDITIONS 17. PENALTIES FOR VIOLATIONS 17.1 In the event of any violation of the Rules and Regulations of the Authority or of any improper or unauthorized use of any portion of the water system by any Customer or other person, such Customer or other person shall, in the discretion in the Authority, be fined a maximum of $50.00 for each violation or improper or unauthorized use. Each action constituting a violation or improper or unauthorized use, as well as each property affected by the violation or improper or unauthorized use, as well as each day that the violation or improper or unauthorized use exists, shall be counted as separate violations for the purposes of determining the fine to be imposed. 17.2 All fines shall be paid within 15 days from the date that the violation person is notified in writing of the violations charged and the fine to be imposed. In the event that any person wishes to contest the violation or the fine imposed, the aggrieved person must file with the Authority within 15 days of receipt of notification of the violation and fine imposed, a written notice that the violation and fine is being contested. A hearing shall thereafter be scheduled before the Authority at which time the Executive Director or his designee as well as - 57 - STANDARD TERMS AND CONDITIONS the aggrieved person or his attorney, may present evidence regarding either the violation or the fine imposed. The fine, if any, which is imposed by the Authority after the hearing shall be paid within 15 days after the aggrieved person receives written notice of the decision of the Authority. 17.3 In the event that any fine is not paid as required under these Rules, then the Authority, in its discretion, may terminate all water services to the violating person and may declare all agreements or contract with such person null and void and of no force and effect. 17.4 The penalties imposed in this section shall be cumulative to the penalties described in other sections of these Rules and Regulations and to the other remedies available to the Authority by law. 18. CONNECTION FEES; TAPPING FEES 18.1 A separate charge in respect of each connection of any service unit with the Authority's water system, representing a fair contribution to the cost of the water system, is imposed upon the owner or occupant of each service unit to be connected to the water system. 18.2 The Connection Fee is in addition to the actual cost of physical connection or "Tapping Fee" charged to Customers connecting to the water system. - 58 - STANDARD TERMS AND CONDITIONS 18.3 The Connection Fee is calculated in accordance with the provisions of N.J.S.A. 40:14B-21 and is recomputed at the end of each fiscal year of the Authority as required by law. 18.4 The Connection Fee and Tapping Fee must be paid in full for all service units within a premises before water service is provided to any part of the premises. In the case of a development constructed in approved phases or stages, the Owner/Developer shall have the option of either (i) paying, at the time of the initial phase, the full Connection Fee for all service units within all phases or stages of the development at the rate then in effect; or (ii) deferring payment of the Connection Fee for the future phases or stages until the actual connection of service units within such phase or stage in which event the rate in effect at the time of connection shall apply. 18.5 Allowances in the form of credits to Connection Fees payable by owners or developers of property may be allowed in special or unusual circumstances where the owner or developer has advanced sums to the Authority for construction of off-site improvements to become part of the Authority's water system or where such improvements are paid for by the owner or developer and contributed to - 59 - STANDARD TERMS AND CONDITIONS the Authority. Such credits shall be allowed where it is established, to the satisfaction of the Authority, that the owner or developer has made the advance or contribution with the approval of the Authority and that the special or unusual circumstance of the particular case warrant the credit in the interest of fairness. Such credit shall be made only by resolution adopted by the Members of the Authority at a duly constituted meeting and shall be subject to such conditions and/or restriction as may be set forth in the approving resolution. 18.6 The Connection Fee may be waived by the Members of the Authority in connection with an application by any of its Creating Municipalities (a "Creating Municipality") for water service to a direct public project of a Creating Municipality. Any such waiver shall be subject to approval by the Members of the Authority at a duly constituted meeting upon written request of a Creating Municipality setting forth the nature of the public project and the reasons for the requested waiver. 18.7 No connection fee shall be charged to any premises previously lawfully connected to the water system unless (i) additional service units are to be connected to the system; (ii) there is a material change in the nature of - 60 - STANDARD TERMS AND CONDITIONS the service to be provided such as the size of the service, number of service lines or similar items; or (iii) such premises has been abandoned and disconnected from the water system for a period of two years. A premises shall be deemed to be disconnected from the Water System if it is physically disconnected or if water service is discontinued without payments being made for twenty-four consecutive months. In appropriate situa- tions, the Authority may allow a credit equal to the number of service units previously connected to the system. 18.8 Reduced Rate/Credit for Public Housing Authorities and Non-profit Organizations Building Affordable Housing: (a) Effective January 26, 2005, public housing authorities and non-profit organizations building affordable housing shall be allowed a fifty percent (50%) reduction in the Connection Fee for new connections to the Water System. (b) For units previously connected to the Water System that were demolished or refurbished to allow for new affordable housing units for which a Connection Fee was previously paid, public housing authorities and non-profit organizations shall be entitled to a credit against the Connection Fee equal to the - 61 - STANDARD TERMS AND CONDITIONS Connection Fee previously assessed and paid for connection to the Water System for units previously connected to the Water System. (c) The Connection Fee assessable against a public housing authority or non-profit organization for units previously connected to the Water System that were demolished or refurbished to allow for new affordable housing units shall be the lesser of the reduced rate provided for in Paragraph A above; or the current types of Connection housing Fee applicable developments minus to the other credit provided under Paragraph B above provided that the public housing authority or non-profit organization can establish that a Connection Fee was previously assessed and System. If the public housing authority or non- profit paid for organization connecting cannot to establish the Water that a Connection Fee was previously assessed and paid for connection to the Water System, the reduced rate provided for in Paragraph A above (i.e. fifty percent (50%) of the regular Connection Fee) shall be assessed. The reductions set forth in Paragraphs A, B and C above are provided pursuant to the provisions of P.L. 2005, - 62 - STANDARD TERMS AND CONDITIONS Chapter 29 of the Laws of the State of New Jersey (N.J.S.A. 40:14B-23) adopted and effective on January 26, 2005. 19. OFF-SITE FACILITIES 19.1 In appropriate situations determined by the Authority, Customers shall be required to install and/or pay for the cost of extending water mains and appurtenant facilities and other improvements as permitted by law ("Off-Site Facilities") to or for their Premises as provided in this Section. 19.2 Any Off-Site Facilities installed pursuant to this Section shall be the sole property of the Authority notwithstanding any payment of or toward the cost of such Off-Site Facilities by or on behalf of a Customer. 19.3 The cost of the Off-Site Facilities shall be determined or approved by the Authority and shall include the actual construction cost thereof; the cost of any required Authority or Municipal performance or maintenance bonds related to the Off-Site Facilities; and reasonable professional fees paid or incurred by the Customer in connection with Facilities. the construction of the Off-Site The Customer shall provide satisfactory documentation of the payment of such costs. 19.4 The cost of the Off-Site - 63 - Facilities, as determined STANDARD TERMS AND CONDITIONS pursuant to Section 19.3, shall be paid and, where appropriate, allocated as follows: (a) Where the extension of water service to a Premises is for the sole benefit of the Premises, the owner of the Premises shall be wholly responsible for the full cost of any required Off-Site Facilities. (b) Where the Off-Site Facilities benefit the Customer requesting the service and others who wish to connect to the water system at the same time, the cost shall be allocated among the Customers so benefited in accordance with their respective benefits as determined by the Authority pursuant to Subsection 19.6. (c) Where the Off-Site Facilities benefit the Customer requesting the service (the "Initial Connector") and other Premises which may in the future be connected to the Off-Site Connectors"), the full Facilities cost of the ("Future Off-Site Facilities shall be paid by the Initial Connector; provided that, upon request of the Initial Connector, the Authority shall agree to reimburse the Initial Connector from amounts collected from Future Connectors representing the Future Connectors' fair share of the cost of the Off-Site - 64 - STANDARD TERMS AND CONDITIONS Facilities. 19.5 The amount to be reimbursed to the Initial Connector pursuant to Section 19.4(c) above shall be set forth in a formal signed agreement between the Authority and the Initial Connector (which, where deemed appropriate by the Authority, shall be the main extension agreement between the Authority and the Initial Connector); and shall as near as practicable reflect the projected respective benefits to the Initial Connector and the anticipated Future Connectors who may connect to the Off-Site Facilities as determined by the Authority pursuant to Section 19.6. this Section collected The amount to be reimbursed pursuant to shall pursuant be to limited this to Section amounts from actually the Future Connectors, if any, and in no event shall the total amount to be reimbursed exceed the total cost of the OffSite Facilities reduced by the benefit to the Initial Connector. The agreement may also limit the time within which reimbursement shall be made to a period of years as determined by the Authority in its discretion provided that the number of years shall not be less than five unless circumstances warrant a shorter period. 19.6 In determining "benefit", "respective benefits" or a Customer's fair share - 65 - of the cost of Off-Site STANDARD TERMS AND CONDITIONS Improvements, the Authority may consider the number of service units, size of the service, estimated water usage and/or any other relevant factors. The determination of the Authority as to benefit, respective benefits or a Customer's fair share of such costs shall be final and binding. 19.7 The costs to be assessed, allocated and collected pursuant to this Section shall be in addition to the Connection Fee referred to in Section 18 of these Rules and Regulations and all other charges for water and water service pursuant to said Rules and Regulations as from time to time may be amended. 19.8 The Members of the Authority shall have the right to make such exceptions and variances to the provisions of this section as may be warranted, in their sole discretion, by the special circumstances of a particular case, in the interest of fairness or for other good cause shown. 20. MULTI-USE SERVICE 20.1 Notwithstanding the provisions of Section 10.3, the Authority shall supply multi-use service (as defined below) to a customer or builder requesting same unless good cause or a compelling reason exists to refuse to supply such multi-use service. An intent to impose a higher safety standard than that set by the New Jersey - 66 - STANDARD TERMS AND CONDITIONS Department of Community Affairs shall not constitute good cause or a compelling reason to refuse multi-use service to a customer or builder. 20.2 As used herein: (a) the term “multi-use service” is defined as water service that is supplied to a structure through one water line and which is used inside the structure for both domestic suppression service. water service and fire Such single water line shall extend from the water main to the structure except where good cause or a compelling reason (as described and limited in Section 20.1) requires otherwise; (b) the term “fire suppression service” is defined as potable water supplied for use in a fire suppression system inside a structure, such as an automatic sprinkler system. 20.3 By applying for multi-use service, the customer or builder certifies that: (a) The customer calculated or the builder demand has for the hydraulically customer’s or builder’s water system, based on the simultaneous domestic demand and fire sprinkler demand in accordance with the Uniform Construction Code as adopted by the State of New Jersey; and (b) The customer or builder will ensure that the system is installed in accordance - 67 - with the Uniform STANDARD TERMS AND CONDITIONS Construction Code at N.J.A.C. 5:23; and (c) The customer or builder will, prior to installation of the meter, obtain a construction permit in accordance with the Uniform Construction Code from the enforcing agency having jurisdiction over the system. 20.4 By applying for multi-use service the customer agrees to be responsible for all claims, costs and liability for personal injury, death and/or property damages, resulting from the caused by customer’s the individual negligence of water the system; Authority unless subject, however, to the limitations, defenses and requirements of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. 20.5 By applying for multi-use service and operating same, the customer agrees: (a) to include backflow prevention device(s) as defined in N.J.A.C. 7:10-1.3 and as specified at N.J.A.C. 7:10-10.3; and (b) to be solely responsible for all costs and expenses relating to maintenance, customer’s the repair water suppression installation, and system, system device(s); and - 68 - and replacement including backflow operation, of the the fire prevention STANDARD TERMS AND CONDITIONS (c) to ensure that the customer’s water system complies with the applicable requirements of the Uniform Construction Code in effect at the time of system installation including any applicable building, plumbing and fire protection sub-codes; and (d) to ensure that the customer’s water system is maintained in accordance with applicable law so as to protect against backflow, back siphonage and contamination of the potable water system. 20.6 The Authority may suspend, curtail, discontinue or terminate a customer’s multi-use service for non-payment of a valid water bill or for other violations of the Authority’s Rules and Regulations For Water Service governing discontinuance of service as set forth in Article XIII. [NOTE: Applications for multi-use service shall include a provision that service is subject to the provisions of this section of the Authority’s Rules and Regulations For Water Service and a copy of this section shall be annexed to and made part of the application.] - 69 - Schedule No. 1 (Revised) Effective January 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 1 GENERAL METERED SERVICE Applicable to the use of water supplied through meters in the territory services by the Authority. The Total of a customer’s bill for a billing period includes consumption plus the facilities charges. CONSUMPTION CHARGE RESIDENTIAL RATE (BILLED QUARTERLY) RATE (per 100 Cubic Feet) Quantity Used Quarterly “Lifeline” Rate Conservation Rate High Usage Rate Incentive Rate 0-10 11-30 31-90 91 & Over REGULAR INDUSTRIAL AND COMMERCIAL RATE (BILLED QUARTERLY) $4.314 per 100 Cubic Feet LARGE INDUSTRIAL AND COMMERCIAL RATE (BILLED MONTHLY) $4.314 per 100 Cubic Feet *Flat rate applicable to all industrial and commercial customers. NOTE: One consumption unit = 100 cubit feet = 748 gallons $ 2.649 $ 2.912 $ 4.367 $ 5.824 Schedule No. 1 (Revised) Effective January 1, 2017 Residential customers are services to single family residences. Regular Industrial and Commercial Customers are all industrial and commercial customers who are not Large Industrial and Commercial Customers. Large Industrial and Commercial Customers are monthly-billed industrial and commercial customers with 1 inch meters or greater whose annual usage is 1,200 consumption units (120,000 cubic feet) or more. Schedule No. 2 (Revised) Effective January 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 2 GENERAL METERED SERVICE Applicable to the use of water supplied through meters in the territory serviced by the Authority. The total of a customer’s bill for a billing period includes consumption plus the facilities charges. QUARTERLY FACILITIES CHARGE ALL WATER EXTRA (SEE SCHEDULE NO. 1) Meter Size Charges 5/8 Inch 3/4 Inch 1 Inch 1 1/2 Inch 2 Inch 3 Inch 4 Inch 6 Inch 8 Inch 10 Inch $ 19.91 $ 24.39 $ 39.97 $ 61.23 $ 86.16 $ 143.60 $ 222.36 $ 416.89 $ 647.95 $ 915.44 MONTHLY FACILITIES CHARGES ALL WATER EXTRA (SEE SCHEDULE NO. 1) Meter Size Charges 5/8 Inch 3/4 Inch 1 Inch 1 1/2 Inch 2 Inch 3 Inch 4 Inch 6 Inch 8 Inch 10 Inch $ 6.65 $ 8.13 $ 23.73 $ 30.82 $ 39.15 $ 58.21 $ 84.53 $ 149.38 $ 226.40 $ 315.57 Schedule No. 2 (Revised) Effective January 1, 2017 DEFINITIONS CONSUMPTION CHARGE: This charge includes the cost of treating the water and pumping it to the customers. FACILITIES CHARGE: This charge covers the cost of water service lines, meter installation, meter reading, billing costs and other expenses. This does not change with consumption. BILL CALCULATION: The consumption charge is calculated by subtracting the prior meter reading from the present reading. This answer is then multiplied by the rate per 100 cubic feet. The applicable facilities charge is then added to this amount making total water bill. Schedule No. 3 (Revised) Effective January 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 3 PRIVATE FIRE PROTECTION Applicable to customers within and outside the District for Private Fire Protection. Size of Service 2 Inch 3 Inch 4 Inch 6 Inch 8 Inch 10 Inch Charges per Quarter $ 72.70 $ 96.55 $ 144.26 $ 238.54 $ 399.84 $ 571.36 Schedule No. 4 (Revised) Effective January 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 4 PRIVATE FIRE PROTECTION SERVICE (HYDRANTS) Applicable within and outside the District for Private Fire Protection. Private Fire Hydrants 4 Inch 4 1/4 – 4 1/2 Inches 5+ Inches Charges per Quarter $ 62.47 $ 78.38 $ 93.14 NOTE: Private Fire Hydrants are those provided by customers pursuant to Section 10A of the Authority’s Rules and Regulations for Water Service. Schedule No. 5 (Revised) Effective January 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 5 NON-METERED SERVICE Applicable to the entire territory service by the Authority. RATE Annual Charge $ 87.46 (outdoor drinking fountain) Schedule No. 6 (Revised) Effective January 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 6 MISCELLANEOUS SERVICE Applicable to the entire territory serviced by the Authority. Charges not involving use of water. Resumption of service after discontinuance due to non-payment of bills or violation of the Rules and delivery of 24-hour notice of discontinuance of service except that the charge for delivery of the 24-hour notice of discontinuance of service shall be waived in the case of senior citizens over the age of 65 years (upon request). Meters up to and including 1 Inch Meters larger than 1 Inch $ 39.76 $ 64.75 Any other turn-offs and turn-ons regardless of reason of any service. Meters up to and including 1 Inch Meters larger than 1 Inch $ 39.76 $ 64.75 TAPPING FEES 5/8 x 3/4 Inch 3/4 Inch 1 Inch 1 1/2 Inch 2 Inch NEW RENEWAL $ 566.82 $ 628.16 $ 908.73 $ 968.93 $1,391.49 $ 424.83 $ 486.17 $ 636.11 $ 706.54 $1,108.65 WET CUT FEES Sizes 4 Inch 6 Inch 8 Inch 10 Inch Charges $ $ $ $ 486.17 554.32 600.90 766.74 Schedule No. 6 (Revised) Effective January 1, 2017 OTHER SERVICES Charges Pumping Out Meter Pit Annual Backflow/Detector Check Locate and Clean Curb Box per Hour* $ 79.51 $ 79.51 $ 39.76 *One hour minimum. LABOR AND MATERIALS Any labor performed and all materials furnished by the Authority will be charged to the customers, at cost, unless otherwise provided in these schedules. Schedule No. 7 (Revised) Effective January 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 7 SERVICE TO OTHER WATER SUPPLY SYSTEMS (Non-retail service) Applicable outside the District of the Authority. TERMS OF PAYMENT Net cash on presentation of the bill. BULK RATE PER 100 CU. FT. $ 2.35 MISCELLANEOUS APPLICATION FEES FEES* TYPE OF APPLICATION A. Service Connection Outside District (Excludes new Main Extensions) B. 1. Residential (per connection/unit) $ 32.94 2. Commercial or Industrial (single unit and accessory use) $ 332.82 3. Industrial Park or Commercial Complex $ 816.72 New Main Extension Outside District For purpose of providing service solely to persons or property within District 1. Residential $ 172.66 2. Commercial or Industrial $ 332.82 Schedule No. 7 (Revised) Effective January 1, 2017 C. All Other New Main Extension Outside District 1. Residential Development (per connection/unit) $ 32.94 (Min. fee 1,016.64) 2. Commercial or Industrial (single use and accessory use including fire service) $ 2,207.07 3. Industrial Park or Commercial Complex (two or more units) (per connection/unit) $ 1,903.84 _______________________________ *Preliminary Fee intended to defray the cost to the Authority of processing the initial application and making written requests (when required) to the Authority. The Authority may require a supplemental fee, cash deposit or other security in the event additional costs are incurred in connection with the application. Such fees are in addition to the connection fee required pursuant to Schedule 13. Schedule No. 8 (Revised) Effective January 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 8 APPLICATION FOR WATER MAIN EXTENSION Applicable within the District of the Authority. (To cover engineering, inspection, legal, etc., costs incurred relating to application. Application Fee $554.32 Deposit: $528.20 plus $3.98 per foot of water main extension Application fee and deposit listed above are non-refundable. Additional cash deposits may be required to cover actual costs incurred in connection with the application. Unused portion of additional deposit will be refunded after all requirements are completed. Schedule No. 9 (Revised) Effective January 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 9 UNCOLLECTIBLE CHECK CHARGE If a customer or applicant for service submits an uncollectible check in payment of a bill, deposit or any service rendered, the Authority may charge a handling fee of $34.08 plus any penalties the Authority may incur from its bank handling the uncollectible check. Schedule No. 10 (Revised) Effective January 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 10 SCHEDULE OF DEPOSITS - Omitted - Schedule No. 11 (Revised) Effective January 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 11 HYDRANT PERMIT FEES Applicant to the entire territory serviced by the Authority to persons obtaining permits from the Authority to use Public Hydrants for purposes other than Fire Protection. Deposit Required for borrowed Wrench and Adapter (deposit refunded when returned) $ 174.93 Monthly Charge for Unmetered Water (payable in advance) $ 112.45 Schedule No. 12 (Revised) Effective January 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 12 WATER SEARCH SERVICE CHARGE - Omitted - Schedule No. 13 (Revised) Effective April 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 13 CONNECTION FEE Any applicant for potable water supplied through an Authority Line shall be required to pay a connection fee pursuant to Section 18 of the Authority’s Rules and Regulations for Water Service as follows: Connection Fee (Per Equivalent Dwelling Unit) $ 4,579.00 An equivalent dwelling unit is defined as usage of 206.410 gallons per day. Reduced Rate/Credit for Public Housing Authorities and Non-profit Organizations Building Affordable Housing A. Effective January 26, 2005, public housing authorities and non-profit organizations building affordable housing shall be allowed a fifty percent (50%) reduction in the Connection Fee for new connections to the Water System. B. For units previously connected to the Water System that were demolished or refurbished to allow for new affordable housing units for which a Connection Fee was previously paid, public housing authorities and non-profit organizations shall be entitled to a credit against the Connection Fee equal to the Connection Fee previously assessed and paid for connection to the Water System for units previously connected to the Water System. C. The Connection Fee assessable against a public housing authority or non-profit organization for units previously connected to the Water System that were demolished or refurbished to allow for new affordable housing units shall be the lesser of the reduced rate provided for in Paragraph A above; or the current Connection Fee applicable to other types of housing developments minus the credit provided under Paragraph B above provided that the public housing authority or non-profit organization can establish that a Connection Fee was previously assessed and paid for connecting to the Water System. If the public housing authority or non-profit organization cannot establish that a Connection Fee was previously assessed and paid for connection to the Water System, the reduced rate provided for in Paragraph A above (i.e. fifty percent (50%) of the regular Connection Fee) shall be assessed. The reductions set forth in Paragraphs A, B and C above are provided pursuant to the provisions of P.L. 2005, Chapter 29 of the Laws of the State of New Jersey (N.J.S.A. 40:14B-23) adopted and effective on January 26, 2005. Schedule No. 14 (Revised) Effective January 1, 2017 THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY SCHEDULE NO. 14 IRRIGATION SERVICE Flat Rate per 100 cubic feet Seasonal on/off; drain meter charge $ 5.84 $ 119.27 APPENDIX 1 Southeast Morris County Municipal Utilities Authority 19 SADDLE ROAD CEDAR KNOLLS, NEW JERSEY 07927 TEL 973-326-6880 FAX 973-326-6864 APPLICATION FOR WATER SERVICE FOR RESIDENTIAL ACCOUNT Please complete this application, in full, and mail original to: The Southeast Morris County MUA c / o Applications 19 Saddle Road Cedar Knolls, NJ 07927 Property Owner’s Name (as it appears on Deed): Address of Purchased Property: Billing Address (if different from above): (i.e. tenant, management company, bill payee, etc.) Mobile Phone Number: Home Phone Number: Work Phone Number: E-mail Address: WATER ACCOUNTS MUST BE IN PROPERTY OWNER’S NAME AS WATER CHARGES ARE ATTACHED TO THE PROPERTY. UNPAID BILLS ARE SUBJECT TO PROPERTY LIENS. I agree that the water meter set in the premises will be accessible at all reasonable hours. The use of water and payment therefore shall in all respects be subject to the Rules and Regulations of The Southeast Morris County Municipal Utilities Authority now and in effect or as may be adopted in the future. Print Name: Date: Signature: TO BE COMPLETED BY SMCMUA Service Address: Meter Size (water usage): Meter Size (irrigation): Account No.: Account No.: Block: Lot: APPENDIX 2 S o ut he a st M or r i s C o u nt y M u n i c i p a l U t i l it i e s A ut ho r it y 19 SADDLE ROAD CEDAR KNOLLS, NJ 07927 TEL 973-326-6880 FAX 973-326-9521 WWW.SMCMUA.ORG TAP APPLICATION (Form must be typed.) (for water services between 3/4” and 2”) APPLICANT NAME ADDRESS TOWN PHONE OWNER’S NAME ADDRESS TOWN PHONE PROPERTY ADDRESS TOWN MUNICIPALITY(IES) BLOCK(S) STATE ZIP E-MAIL STATE ZIP E-MAIL STATE ZIP FAX FAX LOT(S) STATUS (CHECK ONE ONLY): NEW RENEWAL METER AND PIPE SIZE (CHECK ONE ONLY): 5/8” x 3/4” METER, 3/4" PIPE 3/4" METER, 3/4" PIPE 1” METER, 1” PIPE 1-1/2” METER, 1-1/2” PIPE 2” METER, 2” PIPE CONNECTION FEE REQUIRED (CHECK ONE ONLY): YES NO TAPPING FEE PER SCHEDULE NO. 6 (see Authority’s Rules and Regulations) CONNECTION FEE PER SCHEDULE NO. 13, IF REQUIRED (see Authority’s Rules and Regulations) TOTAL FEE SIGNATURE $ $ $ 0 DATE FOR SMCMUA USE ONLY SMCMUA FILE NO. SMCMUA ACCOUNT NO. TAP APPLICATION PAGE 1 OF 1 REVISION DATED: 02/04/15 APPENDIX 3 S o ut he a st M or r i s C o u nt y M u n i c i p a l U t i l it i e s A ut ho r it y 19 SADDLE ROAD CEDAR KNOLLS, NJ 07927 TEL 973-326-6880 FAX 973-326-9521 WWW.SMCMUA.ORG APPLICATION FOR WATER MAIN EXTENSION (Form must be typed.) APPLICATION FEE: $ PRELIMINARY DEPOSIT: $ ($________ plus $________ per foot of water main extension) (To cover engineering, legal, etc., costs incurred relating to application. See Paragraph 4.) TOTAL APPLICATION FEE AND PRELIMINARY DEPOSIT: $ 0 ENGINEER’S ESTIMATED COST OF WATER MAIN: $ NAME IN WHICH CONTRACT IS TO BE WRITTEN: (APPLICANT) ADDRESS TEL. NO. PLAN NAME: PLAN PREPARER: PLAN DATE: DEVELOPMENT KNOWN AS: STREET OR STREETS WHERE MAIN IS TO BE INSTALLED: MUNICIPALITY: TOTAL LENGTH IN FEET OF MAIN TO BE INSTALLED: 1. An Agreement between the Applicant and SMCMUA will be required. A sample agreement is attached and made part of this Application. 2. If application involves a development to be constructed in phases or stages, the contract shall cover only the phase(s) or stage(s) for which approval is currently sought. Subsequent phases or stages will require further application and a new or supplemental contract. Applicant shall specify the particular phase(s) or stage(s) for which approval is sought in connection with this application: Number of phases in Development: Number of phases for which approval is currently sought: 3. of This Application shall be deemed withdrawn in the event an Agreement between Applicant and SMCMUA is not signed by applicant within 30 days after approval of SMCMUA. MAIN EXTENSION APPLICATION PAGE 1 OF 2 REVISION DATED: 02/06/15 4. The preliminary deposit is $________ plus $________ per foot of water main extension. The preliminary deposit specified in this application is only an estimate of the cost to SMCMUA of processing the application. The SMCMUA may require, in its discretion, an additional cash deposit to cover the actual cost incurred or to be incurred in connection with the application. The unused portion of the amount deposited, if any, will be refunded to Applicant after “As-Built” Plans are submitted to SMCMUA and all other requirements of the contract are satisfied. 5. If the main is to be installed in whole or in part outside the District of the SMCMUA (i.e. outside the territorial limits of the Town of Morristown, the Townships of Morris and Hanover and the Borough of Morris Plains, hereinafter “the creating municipalities”), this application may require the approval of the creating municipalities and the Morris County Municipal Utilities Authority. In such event, Applicant hereby authorizes the SMCMUA to apply for such approvals as may be required and Applicant shall be responsible for all costs associated therewith, for which cost the SMCMUA may require a deposit or other security. Nothing herein shall require or obligate the SMCMUA to apply for or pursue any such approvals, nor shall the SMCMUA be responsible for the failure or inability to secure same. Applicant’s Signature Date Print Name Attach: - State Road Permit Fee Estimate, if applicable Fire Department Approval Note: Additional fees and costs will be required, along with the submittal of separate applications for connections, taps, wet cuts, cut-in connections and branch lines, service taps, etc. MAIN EXTENSION APPLICATION PAGE 2 OF 2 REVISION DATED: 02/06/15 The Southeast Morris County Municipal Utilities Authority Main Extension Agreement THIS AGREEMENT made this day of between: THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY, a body corporate and politic of the State of New Jersey, having its principal office at 19 Saddle Road, Cedar Knolls, New Jersey 07927, herein designated as the “Authority” of “SMCMUA”; and herein designated as the “Developer” or “Contractor”. WITNESSETH: WHEREAS, an application has been filed with the Authority for water service and main extension, included as Attachment A, to a development in the , known as “Development”), all as shown on a certain map or plan entitled , Block , prepared by , Lot , known as (the and dated , (the “Plan”), included as Attachment B; and WHEREAS, the Authority has approved said application and the Plan subject to the terms and conditions hereinafter set forth; NOW THEREFORE, in consideration of the premises and the covenants hereinafter contained, the parties hereto agree as follows: 1. The Authority agrees to supply water service to the Development upon the terms and conditions set forth herein. 2. Water service shall be provided to the Development in accordance with the Plan. In the event the Development is to be constructed in two or more stages or phases, it is understood that this Agreement covers phase(s) or stage(s) and approval is accordingly limited to the phase(s) or stage(s) specified herein. Developer will be required to make application and enter into new or supplemental main extension agreements for each future phase or stage of the Development. Neither Developer nor any other party shall regard the approval of any phase or stage as an indication that any future phase or stage will be approved by the Authority. Any material change in the Plan or any change in the streets, roads or public or private utilities shown on the Plan shall be promptly submitted to the Authority for review and the Authority may revoke or modify its approval of the Plan based upon such change. Failure to advise the Authority of any such change shall constitute a breach of this Agreement and shall automatically revoke the Authority’s approval of the Application and Plan. No construction shall proceed with respect to any modified plan prior to the express written approval of the Authority. 3. Water service will not normally be provided until the entire Development shown on the Plan approved by the Authority is completed. In exceptional cases of extreme hardship, extenuating circumstances or other good cause, the Authority may consider supplying water service to completed portions of a Development provided that such service can be provided without any adverse effect on the Authority’s system or other users MAIN EXTENSION AGREEMENT PAGE 1 OF 8 REVISION DATED: 01/30/17 The Southeast Morris County Municipal Utilities Authority Main Extension Agreement thereof. Where water service is provided to less than all of the Development, the Developer may be required to provide a cash deposit or bond to be fixed by the Authority in its sole discretion. Any performance bond required pursuant to this Agreement shall be with a surety company and in a form acceptable to the Authority and its legal counsel. 4. A. The Developer shall at its own expense furnish and install all water mains and necessary appurtenances (“Water Facilities”) at the locations and in the manner shown on the Plan. All Water Facilities shall comply with the current specifications and details adopted as “standard” by the Authority (“Specifications”), included as Attachment C. The Developer agrees that, in order to ensure performance and compatibility with the Authority’s Water System, all hydrants, valves, equipment, fittings and appurtenances shall be supplied by manufacturers approved in advance by the Authority. B. Once service is provided to any portion of the Development, the Developer shall not be excused from its obligation to furnish and install the Water Facilities to the entire Development by reason of abandonment or other failure to complete the Development or any future stages thereof. The Authority reserves the right to (i) require the Developer to complete installation of the Water Facilities at Developer’s expense and (ii) apply any cash deposit, enforce any performance bond or institute legal proceedings in connection with any failure to complete such installation notwithstanding the Developer’s subsequent abandonment or failure to complete the Development for any reason. 5. All water mains shall be installed a minimum of four feet (4’) below the grade of the existing road or the proposed road plus pipe diameter unless otherwise shown on the Plan approved by the Authority. If at any time prior to acceptance by the appropriate municipal or State entity or agency having jurisdiction, the grade of the road is changed so that there is less than three and one half feet (3 ½’) or more than five feet (5’) ground cover over any main, the Developer shall at its own cost and expense lower or raise said main to a minimum of four feet (4’) of cover below the finished road grade. 6. The Developer shall be responsible for maintaining each and every valve box at proper road grade until the final grade is established or until the building to which the water extension is connected is occupied, whichever date is later. 7. The Developer shall perform all excavating and back-filling at its sole cost and expense. The installation of all Water Facilities shall be performed in the manner prescribed by the Authority and in strict accordance with the Plan and Specifications. All work performed by the Developer shall be performed in the presence of an inspector assigned by the Authority and paid for by the Developer. 8. The Developer shall notify the Authority at least five (5) working days in advance of the installation of any of the Water Facilities. The Developer shall not permit any Water Facilities to be installed unless an inspector from the Authority is present. 9. If the Water Facilities are to be installed in a State Highway, the Authority shall obtain the necessary road opening permits from the New Jersey Department of Transportation at the Developer’s expense. MAIN EXTENSION AGREEMENT PAGE 2 OF 8 REVISION DATED: 01/30/17 The Southeast Morris County Municipal Utilities Authority Main Extension Agreement The Developer shall post a cash deposit in an amount to be determined by the Authority to ensure compliance with this Paragraph and the requirements of any governmental entity having jurisdiction. If the Water Facilities are to be installed in a county, municipal or private road or railroad crossing, the Developer shall obtain all necessary road opening or crossing permits at its own expense and shall submit copies of all such permits to the Authority before beginning work. The Developer shall be responsible for excavation and maintenance of all road openings, restoration of the road and final pavement. 10. The Developer shall file separate applications with the Authority for all wet taps, cut-in connections and branch lines to new or existing mains and shall pay for the cost of such taps in accordance with the applicable schedule of service charges of the Authority. All such taps and connections shall be made by the Authority at the expense of the Developer, but the Developer shall perform all excavating and back-filling and shall furnish and install all tapping sleeves, valves, and valve boxes at its expense. 11. If hydrants are to be installed at any point along the proposed main, Developer agrees to obtain from the Fire Department, in the municipality involved, written approval of the exact locations of the proposed hydrants so that “tees” will be installed at proper locations as the main is installed in order to avoid future cut-ins. Developer agrees to purchase and install hydrants to meet specification of the Authority and any other governmental entity or agency having jurisdiction. A copy of the written approval shall be provided to the Authority. 12. Developer shall convey such easements and rights of way for the Water Facilities as may reasonably be required by the Authority. Such easements and rights of way shall be in recordable form and shall be prepared or approved by counsel to the Authority at Developer’s expense. No construction shall commence until all required easements and rights of way are executed and delivered to the Authority. 13. All Water Facilities installed by the Developer shall, upon installation and acceptance by the Authority, become the sole and exclusive property of the Authority and shall become a part of its water supply system under its exclusive control, ownership and operation. Acceptance by the Authority shall mean the date, following final inspection and written approval of all Water Facilities to be constructed pursuant to the Plan, that the facilities are placed into service as part of the Authority’s water system. Developer shall execute and deliver to the Authority such deeds of conveyance and bills of sale for the Water Facilities as may be requested by the Authority; but ownership shall vest in the Authority upon acceptance (as herein defined) notwithstanding that such conveyances have not been finalized. 14. Leakage, disinfection and bacteriological tests of all new mains and services shall be conducted under the direction of and in the manner prescribed by the Authority as set forth in the Specifications. All costs in connection with such tests shall be borne by the Developer. No Water Facilities shall be accepted by the Authority prior to the satisfactory completion and approval of all such tests. 15. All construction and work to be performed by the Developer under this Agreement shall be commenced within one (1) year of the date hereof and completed within twelve (12) months from the date of MAIN EXTENSION AGREEMENT PAGE 3 OF 8 REVISION DATED: 01/30/17 The Southeast Morris County Municipal Utilities Authority Main Extension Agreement commencement, provided that the Developer shall be entitled to reasonable extensions for commencement or completion of the work coincident with the time periods set forth in any applicable State law or municipal ordinance. Failure to commence or complete the work within the time specified shall cause this Agreement to terminate at the option of the Authority but without prejudice to Developer’s right to reapply for water service with respect to the Development subsequent to such termination. 16. Upon completion of all work to be performed by the Developer and acceptance of the Water Facilities by the Authority, the Developer shall furnish a maintenance bond, to guaranty and secure the performance of any repairs or corrective work for a period of one (1) year from the date of acceptance. The amount of the maintenance bond shall be fixed by the Authority based upon the cost of the construction and other relevant factors and shall be provided by a surety company and on a form satisfactory to the Authority and its legal counsel. 17. The Authority shall have the right to refuse to supply water until the Developer submits satisfactory written proof of payment of all bills, expenses and liabilities incurred in the installation of all Water Facilities and appurtenances required by this Agreement. 18. The Authority also shall have the right to refuse to supply water until all requirements of this Agreement and the Rules and Regulations of the Authority (“Tariff”) are fully satisfied and all metered and nonmetered charges for water service are paid. 19. Before any permanent service taps are made or curb boxes are set by the Authority, the Developer shall file with the Authority a separate application therefore and shall pay for the cost of such taps in accordance with the applicable schedule of service charges of the Authority. No service tap shall be made or curb box set by the Authority until the curb has been completely constructed by the Developer. 20. In the event of default by the Developer, the Authority shall have such remedies as may be provided herein or as may be otherwise provided in law or at equity. Nothing herein shall preclude the Authority from completing the work upon default by the Developer where necessary to protect the public health, safety and welfare in which event Developer shall be responsible for the full cost of such completion incurred or paid by the Authority; provided the Authority shall have no obligation to complete such work as permitted by this Section. 21. A. The Developer shall pay a connection fee (“Connection Fee”) representing its fair contribution to the cost of the Authority’s Water System as permitted by N.J.S.A. 40:14B-21. The Connection Fee shall be in accordance with the applicable rate schedule of the Authority’s Tariff in effect at the time of the particular connection(s) and shall be in addition to the actual cost of physical connection or tapping fee charged to customers connecting to the Water System. The Authority shall not be obligated to provide water service to any portion of or unit within the Development until the applicable tapping fees and connection fees are paid in full. B. Developer shall also reimburse the Authority for all legal and engineering costs and other out-of-pocket expenses incurred by the Authority in connection with its application including the expense of reviewing the Plan, preparing this Agreement and such other services as shall be rendered in connection with the MAIN EXTENSION AGREEMENT PAGE 4 OF 8 REVISION DATED: 01/30/17 The Southeast Morris County Municipal Utilities Authority Main Extension Agreement application, this Agreement or enforcement of the Authority’s rights and privileges hereunder. The Developer shall promptly pay all statements for amounts to be reimbursed pursuant to this paragraph and shall post cash deposits as may be required, from time to time, by the Authority. All amounts so paid or deposited are to be considered estimates and may be increased or decreased at the reasonably exercised discretion of the Authority, its counsel or consulting engineer from time to time so as to provide sufficient funds to complete the work. In the event there shall be any surplus after completion and acceptance by the Authority of the work covered by the deposit, such surplus shall be promptly returned to the Developer except for the non-refundable application fee and deposit required by the Authority’s Tariff. 22. Before commencing the work, and as a condition precedent for payment, the Contractor shall purchase and maintain insurance, in conformance with the provisions contained in this Agreement. This insurance will provide a defense and indemnify the Authority against any such claim, damage, loss or expense that is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use, which arises out of the Contractor's operations under this Agreement. This insurance shall apply regardless of whether the operations, actions, derelictions or failures to act from which the claim arises, are attributable to the Contractor, any of its consultants, officers, agents, subcontractors, employees, anyone directly or indirectly employed by any of them including anyone for whose acts of the aforementioned may be liable by operation of statute, government regulation, or applicable case law and the Authority, unless caused by the sole negligence of the Authority. Proof of this insurance shall be provided to SMCMUA before the work commences as set forth below. In no event shall the failure to provide this proof, prior to the commencement of the work, be deemed a waiver by SMCMUA of the Contractor’s insurance obligations set forth herein. In the event that the insurance company(ies) issuing the policy(ies) required by this section deny coverage to SMCMUA, the Contractor will defend and indemnify SMCMUA at the Contactor’s expense. A. Minimum of Liability The Contractor must obtain the required insurance with the carrier rated A-VII or better by A.M. Best. The Contractor shall maintain at least the limits of liability as set forth below: 1. Commercial General Liability Insurance $1,000,000 Each Occurrence (Bodily Injury and Property Damage) $2,000,000 General Aggregate $2,000,000 Product/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury Contractual Liability that will respond to the Indemnification clause, shall be included in the policy. The General Aggregate Limit shall apply separately to the work. As an alternative, the Contractor may provide Commercial General MAIN EXTENSION AGREEMENT PAGE 5 OF 8 REVISION DATED: 01/30/17 The Southeast Morris County Municipal Utilities Authority Main Extension Agreement Liability Insurance with no General Aggregate. Products/Completed Operations coverage shall be maintained for at least two years after final payment. 2. Comprehensive Automobile Liability Insurance $1,000,000 Combined Single Limit Bodily Injury and Property Damage Coverage must include all owned, non-owned and hired vehicles used by the Contractor. 3. Workers' Compensation and Employers' Liability Insurance $500,000 Each Accident $500,000 Each Employee for Injury by Disease $500,000 Aggregate for Injury by Disease If the Contractor is a Sole Proprietor, Partnership or LLC, Insurance Policy and Certificate must indicate that the proprietor/partners/members are "included". This requirement does not apply if inclusion is not allowed by state law. 4. Umbrella $1,000,000 per Occurrence $1,000,000 Aggregate Contractual Liability and the General Aggregate shall apply on the same basis as the primary insurance. B. Subcontractors Contractor shall require all Subcontractors to comply with the insurance requirements included in this Agreement. C. Additional Insured Status and Certificate of Insurance SMCMUA along with their respective appointed officers, agents and employees, shall be named as Additional Insureds for Operations and Products/Completed Operations on the Contractor's Commercial General Liability Policy which must be primary and noncontributory with respect to the Additional Insureds. It is expressly understood by the parties to this Agreement that it is the intent of the parties that any insurance obtained by SMCMUA is deemed excess, non-contributory and not co-primary in relation to the coverage(s) procured by the Contractor, any of its consultants, officers, agents, subcontractors, employees or anyone directly or indirectly employed by any of them or by anyone for whose acts any of the aforementioned may be liable by operation of statute, government regulation or applicable case law. A Waiver of Subrogation Clause shall be added to the General Liability, Automobile and Umbrella Liability policies in favor of SMCMUA, and this clause shall apply to SMCMUA’s appointed officers, agents and employees. It should also apply to the Subcontractor’s Workers' Compensation policy if allowed by state law. MAIN EXTENSION AGREEMENT PAGE 6 OF 8 REVISION DATED: 01/30/17 The Southeast Morris County Municipal Utilities Authority Main Extension Agreement Prior to commencement of work, Contractor, and any Subcontractor, shall submit a Certificate of Insurance in favor of SMCMUA and an Additional Insured Endorsement (in a form acceptable to SMCMUA) to SMCMUA and their Engineer as required hereunder. D. No Limitation on Liability In any and all claims against the Additional Insureds by any employee of the Contractor, anyone directly or indirectly employed by the Contractor or anyone for whose acts the Contractor may be liable, including Subcontractors, the indemnification obligation shall not be limited by any limitation on the amount or type of damage, compensation or benefits payable by or for the Contractor or Subcontractors under workers' compensation acts, disability benefit acts or other employee benefit acts. E. Failure to Obtain/Maintain, Cancellation and Renewal The Contractor shall maintain in effect all insurance coverages required under this Agreement at the Contractor's sole expense. In the event the Contractor fails to obtain or maintain any insurance coverage required under this Agreement, SMCMUA may, at its sole discretion, purchase such coverage as desired for SMCMUA's benefit and charge the expense to the Contractor, or, in the alternative, terminate this Agreement. In the event the coverage is cancelled or non-renewed, the Insurance Company will provide 30 days advance notice of the cancellation or non-renewal. 23. Prior to the final release of the cash deposit or other security required by this Agreement and as a condition of the Authority’s acceptance of the Water Facilities installed hereunder, the Developer shall submit “As-Built” plans prepared by and certified by a licensed New Jersey professional engineer and land surveyor, which plans shall be subject to the approval by the Authority’s engineer and which shall show the location of the Water Facilities installed by the Developer. 24. The Developer understands that SMCMUA does not guaranty the supply of any uniform quality or quantity of water or to maintain any fixed pressure for fire protection or any other purpose. Developer agrees that SMCMUA will not be responsible or liable for any loss or damage sustained as a result of service interruption or irregularity due to accident, breakdown, emergency or from other causes beyond the control of the Authority and hereby releases the Authority from any such liability. 25. The Developer shall comply with all applicable rules and regulations of the Authority and all laws, ordinances, rules, regulations and orders of any other governmental agency or entity having jurisdiction. 26. In the event of a sale or transfer of the Development to another party, Developer agrees that it will secure from its successor in title or interest a written undertaking whereby such successor agrees to assume and fully perform all of the obligations of this Agreement. Developer agrees to promptly advise the Authority in writing of any such sale or transfer provided that this provision shall not apply to a sale or transfer to an individual lot purchaser. MAIN EXTENSION AGREEMENT PAGE 7 OF 8 REVISION DATED: 01/30/17 The Southeast Morris County Municipal Utilities Authority Main Extension Agreement 27. Developer shall be responsible for assuring that all agents, servants, employees, contractors and subcontractors involved in the construction of the Development shall fully comply with all provisions of this Agreement. 28. This Agreement shall be binding upon the Developer, its successors or assigns, notwithstanding the fact that the Development may be sold or transferred to another party. This Agreement shall be governed by the laws of the State of New Jersey. Any proceeding to interpret or enforce this Agreement shall be brought and maintained in the appropriate courts of the State of New Jersey, venued in Morris County. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first written above. WITNESS OR ATTEST: THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY By: , Chairman By: Print Name and Title Attachment A: Application Attachment B: Plan Attachment C: Specifications MAIN EXTENSION AGREEMENT Print Name and Title PAGE 8 OF 8 REVISION DATED: 01/30/17 APPENDIX 4 NOTE: THE DISTRICT OF THE AUTHORITY CONSISTS OF THE TOWN OF MORRISTOWN, THE TOWNSHIP OF MORRIS, THE TOWNSHIP OF HANOVER AND THE BOROUGH OF MORRIS PLAINS AUTHORIZATION (Form must be typed.) (To be used in connection with service applications and applications for construction of new main extensions outside the District of the Authority.) TO: The Southeast Morris County Municipal Utilities Authority 19 Saddle Road Cedar Knolls, New Jersey 07927 THE UNDERSIGNED HEREBY AUTHORIZES THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY (“AUTHORITY”) TO: (Check applicable section: either A, B or C) A. Make written request to the Town of Morristown, the Township of Morris, the Township of Hanover and the Borough of Morris Plains for approval of a service connection to property located outside the District but fronting on the system or having direct access thereto and not involving the construction of any new main extension. B. Approve the construction of a new main extension outside the District for purposes of providing service solely to persons or property within the District. C. Make written request to the Town of Morristown, the Township of Morris, the Township of Hanover and the Borough of Morris Plains and, when applicable, to the Morris County Municipal Utilities Authority for approval of a new main extension to be constructed outside the District for purposes of providing service in whole or in part outside the District. THE FOLLOWING APPLIES TO ALL APPLICATIONS FOR NEW MAIN EXTENSIONS OUTSIDE THE DISTRICT: The undersigned certifies that it will pay all fees (see attached schedule) and comply with all applicable regulations and requirements of the Authority for construction of and payment for the purposed extension. The undersigned further understands and agrees to the following: (a) The Authority assumes no obligations with regard to the obtaining of the requested approvals and shall in no way be responsible for the failure or inability to secure same after written require therefore. (b) In the event any municipality or the Morris County Municipal Utilities Authority shall require any further information or documentation of any nature whatsoever including, without limiting the generality of the foregoing, any engineering reports or data, plans, maps, surveys, specifications, construction details, legal opinions, testimony or reports of expert witnesses, or in the even any hearing is required or requested by any person in connection with such applications, all such requested information or documentation, with any such hearing shall be borne by the applicant, including the actual costs incurred by the Authority for professional legal and engineering services in connection with such requests or hearings. (c) The costs referred to herein shall be in addition to the application fee to be paid by the applicant pursuant to the attached schedule, which fee is intended only to defray the cost to the Authority of processing the initial application and making the written requests to the creating municipalities and the Morris County Municipal Utilities Authority. The Authority may require either a supplemental fee, cash deposit or other security with regard to the costs incurred or to be incurred in connection with the items set forth above. OUTSIDE DISTRICT SERVICE AUTHORIZATION PAGE 1 of 2 REVISION DATED: 02/06/15 (d) The obtaining of any approvals pursuant to this application shall not in any way excuse the applicant from complying with all applicable Authority regulations or requirements; nor impinge upon the right of the Authority to determine whether service shall, in any give case, be provided, notwithstanding such approvals. Name and Address of Applicant: Contact Person: Phone: (H) (C) E-mail: Property Address: Block: Lot: Authorized Signature of Applicant: Print Name Dated: OUTSIDE DISTRICT SERVICE AUTHORIZATION PAGE 2 of 2 REVISION DATED: 02/06/15 APPENDIX 5 S o ut he a st M or r i s C o u nt y M u n i c i p a l U t i l it i e s A ut ho r it y 19 SADDLE ROAD CEDAR KNOLLS, NJ 07927 TEL 973-326-6880 FAX 973-326-9521 WWW.SMCMUA.ORG WET CUT APPLICATION (Form must be typed.) (for water services that are 4” or larger) APPLICANT NAME ADDRESS TOWN PHONE OWNER’S NAME ADDRESS TOWN PHONE PROPERTY ADDRESS TOWN MUNICIPALITY(IES) BLOCK(S) WET CUT SIZE (CHECK ONE ONLY): 4” 6” 8” 10” STATE ZIP E-MAIL STATE ZIP E-MAIL STATE ZIP FAX FAX LOT(S) UTILIZATION (CHECK ONE ONLY): DOMESTIC FIRE SERVICE MAIN EXTENSION CONNECTION FEE REQUIRED (CHECK ONE ONLY): YES NO WET CUT FEE PER SCHEDULE NO. 6 (see Authority’s Rules and Regulations) CONNECTION FEE PER SCHEDULE NO. 13, IF REQUIRED (see Authority’s Rules and Regulations) TOTAL FEE SIGNATURE $ $ $ 0 DATE FOR SMCMUA USE ONLY SMCMUA FILE NO. SMCMUA ACCOUNT NO. WET CUT APPLICATION PAGE 1 OF 1 REVISION DATED: 02/05/15 ! v · Meter Pits SMCMUA WATERSERvICE Domestic service • Revised 4176 r~----4.S· Plan Mortar door h • ... to lop of wall ·• ;:--.• it> lo .rf ('j ---.... 6-· ...-....,-.. ..••. V . Il(-m .. r•• .... '. •. ·:. ......'. ~ -. ... ,,,,,.t ·.. ....... .. II ••'!!t.1!• .... .. •G ~E ·.. . ~.: less • 3.S'min. .,. _ •• ·O·'.l· ••'~~'.'· Y. :( .'\ It· 6..............._;.;; z:: -.',., . • " ~or • ;,1 .~ II · • .1) : 0 @ -shut-off valve each side of meter ..ttl" III II. .... ~ -~ lIl...a A .'9 ~' r ~" • • \i:" .... ~~ ..... I~.~ ····I·· .. ··&····:'··~·······'··f'\··· • 'q. '' . •• lJ· · p ••• Ii • .. "...•.• -.I' -, • -.. , •• G 1J .~. 8" dameter sump ~ ~. .' Elevation BIlCO J-SAL or equiv. access door '--_~? ----I--t-aJumirun or gatvanized steel steps 6"sdid COI~ btock or poured-in-place ! _----.jbJ-----D~~~~:::=::I~J:~%:·~2:. ~servIce~ pipe and meter Note: not lor use In streets Of driveways. . - - - ..__ ._------_ --- - _.-.- -_ ._._.-.---- --,"-," ~ ..-.__... . ....- ~_....-..-..-- ~ _ . _ .._._. _. . - - · . . r---"'------& _~ - - .- ------ LARGE METER PIT DETAILS ll YP(J~~ It§] post SUGGE:.S-rE.D q --Ri£M .nc. cc tor vclve o,e. DE.VIC-E- METE.R. LOC-AriDN I . ------ I I I 4'-O"sq. 8ileo JO-2 AL I Alum. trcme e. c cvcr I I -.Jl [q I valves ---+---, I I I----------I inco ming wa ter . serv ic a C.6MPO"uND C..F. M£.·TE.R. DR. be..TE:.(-rOlL CJ-IELI<. VALVeS" W / PRDPDR..7IO.\JA i : BY PASS. .'---_ SLIMP PUMP ·.~~t"~-+--- 0 R. Pas r..,.;VE. DRAIN -:..._....I ..J.- PLAN VIEW (no scale) ~GRAB PbST~ II IJ 'I/.- ~,ij'~_'Sm~~~r-.-,-,---:l::,,~------------l-----'-------..~gEI~IJfI::.\\\~~~'\'-: : ~/X.E.fJ ~ DIMENSIONS D._-@ ., n B ~I" 7-/" G" 108" 83" u" 120" .J ,," DSHA: C.FR. 6 '.6"m in. I------.-------'@----- LA i.o E..e. -r/-iLl=.. 2,q liurfocu IJI UU': WATE.R. PR.DoFiN6 : ALL SiD£5 92" I0" 138" I a <1" cpcrcx. I'. 0" PRO FI LE specifications: (no scale) Se..E A'llA '-H et: Sue e-r F612.. A DfJi-r/DNAL R..E.Qu il~... erner-rrs: SMCfVIUA WATERSERVICE Southeast Morris County Municipal Utilities Authority 19 SADDLE ROAD • CEDAR KNOLLS, NEW JERSEY 07927 • TEL 973/326-6880 • FAX 973/326-9521 May 2003 REQUIREMENTS FOR METER CHAMBERS ( • All chambers shall be precast reinforced concrete. Design drawings showing reinforcing details, penetrations, concrete mix design and thicknesses shall be submitted with the application for service or wet cut. • Chambers shall be provided with a sump pit and electrified sump pump or a discharge to an open drain. • Chambers shall be vented. Vent openings shall be on the opposite side of the chamber from the access opening. • Outside of chamber shall be thoroughly treated with a waterproofing compound. • Access to chamber shall be provided be a fixed ladder in accordance with eFR Title 29 OSHA standards. Steel or aluminum rungs for access are not acceptable. Grab posts shall be provided for ingress and egress to the chamber. • Access cover shall be a 4 feet square BILCO 50-2AL aluminum frame and cover. • Chambers shall not be installed in paved areas or anywhere that may experience vehicular traffic. • Water meter shall be a compound type meter registering both low flow and high flows. Meter substitutions require a separate submittal and expressed approval from the Authority. • All meters shall be provided with a remote reading device located below the access cover of the pit. Remote reader shall be readable without entry to the chamber. • All pipe must be class 52 ductile iron.
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