Township of Florence, NJ Industrial Waste Regulations

Prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.

Prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.

Improve the opportunity to recycle and reclaim wash waters and sludges from the system.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

Provide for the equitable distribution of the cost of the municipal wastewater system.

This Part 2 provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting and provides for the setting of fees for the equitable distribution of the costs resulting from the program established herein.

This Part 2 shall apply to the Township of Florence and to persons outside the Township who are, by contract or agreement with the Township, users of the Township POTW. Except as otherwise provided herein, the Superintendent of the Township POTW shall administer, implement and enforce the provisions of this Part 2.

§ 140-3 Definitions and word usage.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part 2, shall have the meanings hereinafter designated:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

The Director of the Department's Division of Water Resources or his/her authorized representatives.

A principal executive officer of at least the level of vice president, if the industrial user is a corporation.

A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively.

BIOCHEMICAL OXYGEN DEMAND (BOD)

A duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure five days at 20º C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the POTW.

CATEGORICAL STANDARDS

See "National Categorical Pretreatment Standards" or "Pretreatment Standard."

COMMISSIONER

The Commissioner of the Department of Environmental Protection and Energy or his/her authorized representatives.

COMPATIBLE POLLUTANT

Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria and such additional pollutants as are now or may be in the future specified and controlled in the Township's NJPDES permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the NJPDES permit.

COMPOSITE SAMPLE

A sample consisting of several effluent portions collected during a specific time period and combined to make a representative sample.

CONTROL AUTHORITY

Refers to the approval authority defined hereinabove; or the Superintendent if the Township has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

Any water used for the purpose of carrying away excess heat and which may contain biocides used to control biological growth.

DEPARTMENT

The Department of Environmental Protection and Energy.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State of New Jersey.

DOMESTIC WASTEWATER

The liquid waste or liquid-borne waste resulting from the noncommercial preparation, cooking and handling of food and/or consisting of human excrement and similar wastes from sanitary conveniences.

EPA

The United States Environmental Protection Agency.

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking, dispensing, handling, storage and/or sale of food.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

HOLDING TANK WASTE

Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump trucks.

INCOMPATIBLE POLLUTANT

Any pollutant which is not a compatible pollutant, as defined in this section.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW, including holding tank waste discharged into the system.

INDUSTRIAL USER

A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

INTERFERENCE

Inhibiting or disrupting a domestic treatment works system or its treatment process or operation so as to contribute to or cause a violation of any condition of a state or federal permit under which the domestic treatment works operate.

Discharging industrial process wastewater which, in combination with existing domestic flows are of such volume and/or strength as to exceed the domestic treatment process design capacity.

Preventing the use or disposal of sludge produced by the domestic treatment works in accordance with Section 405 of the Federal Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.) and the New Jersey Guidelines for the Utilization and Disposal of Municipal and Industrial Sludges and Septage; or any regulations or criteria or guidelines developed pursuant to the Federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 3251 et seq.), the Federal Clean Air Act (42 U.S.C. § 7401 et seq.) and the Federal Toxic Substances Control Act (15 U.S.C. § 2601 et seq.).

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Pursuant to 40 CFR 403.3(h), pollutants in the effluent from an industrial user shall not be considered to cause "interference" where the industrial user is in compliance with specific prohibitions or standards developed by federal, state or local governments.

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.

NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES)

The New Jersey system for the issuing, modifying. suspending, revoking and reissuing, terminating, monitoring and enforcing of discharge permits pursuant to the state act. The term also includes discharge permits (NPDES) issued pursuant to Section 402 of the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.).

NEW SOURCE

Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a "new source" means any source, the construction of which is commenced after the date of promulgation of the standard.

PERSON

Any individual, firm, company, partnership, corporation, association, group or society, including the State of New Jersey and agencies, districts, commissions and political subdivisions created by or pursuant to state law, and federal agencies, departments or instrumentalities thereof.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions in grams per liter of solution. Solutions with a pH greater than seven are said to be basic; solutions with a pH less than seven are said to be acidic; pH equal to seven is considered neutral.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal or agricultural waste or other residue discharged into the waters of the state.

PRETREATMENT or TREATMENT

The application of physical, chemical and biological processes to reduce the amount of pollutants in or alter the nature of the polluting properties of an industrial process wastewater prior to discharging such wastewater into the treatment works.

PRETREATMENT STANDARDS

All applicable federal or state rules and regulations implementing Section 307 of the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.) or N.J.S.A. 58:11-49, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292). which is owned in this instance by the Township. For the purposes of this Part 2, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Township who are, by contract or agreement with the Township, users of the Township's POTW.

REGIONAL ADMINISTRATOR

The Administrator of Region II of the United States Environmental Protection Agency or his/her authorized representative.

SIGNIFICANT INDUSTRIAL USER

Any user who discharges into the Township treatment works industrial process wastewater which either:

Exceeds 25,000 gallons per day;

Exceeds the mass equivalent of 25,000 gallons per day of the domestic waste of the Township treatment works based on its design values as filed with the Department for any one of the following parameters: BOD, COD or suspended solids;

Exceeds 5% of the average daily flow of the treatment works; or

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Contributes 5% or more of the daily mass loading of any of the pollutants listed in § 140-8 which are entering the treatment works. BOD, COD and suspended solids are defined in the latest edition of Standard Methods for the Examination of Water and Wastewater. Where the design values for BOD, COD or suspended solids have not been filed with the Department, the treatment works may use the influent BOD, COD or suspended solids for the purpose of these calculations.

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STATE

The State of New Jersey.

STATE ACT

The New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.

STORMWATER

Any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.

SUPERINTENDENT

The Superintendent of the Water and Sewer Department of Florence Township or his/her duly appointed deputy, agent or representative.

SUSPENDED SOLIDS

The total nonfilterable residue, as defined in the latest edition of Standard Methods for the Examination of Water and Wastewater.

TOWNSHIP

The Township of Florence or the Township Council of Florence or the Florence Township Water and Sewer Department.

TOXIC POLLUTANT

Those pollutants or combinations of pollutants, including disease-causing agents, which, after discharge into the environment in sufficient quantities and upon exposure, ingestion, inhalation or assimilation into any organism, either directly or indirectly by ingestion through food chains, will, on the basis of information available to the Commissioner, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformation in such organisms of their offspring.

TREATMENT WORKS

Any device or system, whether public or private, used in the storage, treatment, recycling or reclamation of municipal or industrial waste of a liquid nature, including intercepting sewers, outfall sewers, sewage collection systems, cooling towers and ponds, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; any other works, including sites for the treatment process or for ultimate disposal of residues resulting from such treatment. Additionally, "treatment works" means any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of pollutants, including stormwater runoff, or industrial waste in combined or separate stormwater and sanitary sewer systems.

TREATMENT WORKS PLANT

That portion of the treatment works designed to provide treatment to wastewater.

UNPOLLUTED WATER

Water not containing any pollutants limited or prohibited by the effluent standard in effect and/or water whose discharge will not cause any violation of receiving water quality standards or interference with their designated uses.

USER

Any person who discharges, causes or permits the discharge of industrial process wastewater into the treatment works.

USER CLASSIFICATION

A classification of users based on the 1972 (or subsequent) Edition of the Standard Industrial Classification (SIC) Manual prepared by the Federal Office of Management and Budget.

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is discharged into or permitted to enter the Township treatment works.

WASTEWATER CONTRIBUTION PERMIT

As set forth in § 140-18 of this Part 2.

Terms not otherwise defined herein shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation; the Federal Guidelines for State and Local Pretreatment Programs, EPA-43 0/9-76-017a, Volume 1, 1977, or the latest revision thereof; the Clean Water Act; N.J.S.A. 58:10A-1 et seq.; or N.J.S.A. 58-11-49 et seq., 1972.

§ 140-4 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD — Biochemical oxygen demand.

CFR — Code of Federal Regulations.

COD — Chemical oxygen demand.

EPA — Environmental Protection Agency.

l — Liter.

mg — Milligrams.

mg/l — Milligrams per liter.

N.J.A.C. — New Jersey Administrative Code.

NJPDES — New Jersey Pollutant Discharge Elimination

System.

N.J.S.A - New Jersey Statutes Annotated.

NPDES — National Pollutant Discharge Elimination

System.

POTW — Publicly owned treatment works.

SIC — Standard industrial classification.

TSS — Total suspended solids.

USC — United States Code.

§ 140-5 General discharge prohibitions.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutants or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW, whether or not the user is subject to the national categorical pretreatment standards or any other national, state or local pretreatment standard or requirements. A user may not contribute the following substances to any POTW:

Oil and grease.

(a)

Oil and grease from industrial facilities in concentrations or amounts violating pretreatment standards; this includes petroleum-based hydrocarbons as determined by silica gel absorption.

(b)

Wastewater from industrial facilities containing flotable fats, wax, grease or oil.

(c)

Total fats, wax, grease or oil concentration of more than 100 mg/l, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between thirty-two degrees and one hundred fifty degrees Fahrenheit (32º and 150º F.) [zero degrees and sixty-five degrees Celsius (0º and 65º C.)] at the point of discharge into the treatment works.

Explosive and/or flammable mixtures. Liquids, solids or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the treatment works or to the operation of the works. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the treatment works, be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Such materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.

Noxious materials. Pollutants which, either singly or by interaction with other wastes, are malodorous, are capable of creating a public nuisance or hazard to life or health or are present in sufficient concentrations to prevent entry into the treatment works for its maintenance and repair.

Improperly shredded garbage. Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the treatment works, with no particle greater than one-half ( 1/2) inch in any dimension; the discharge of any improperly shredded garbage by a user, as defined herein, is prohibited.

(5)

Radioactive wastes. Radioactive wastes of any type in any concentration.

(6)

Solid or viscous wastes. Solid or viscous wastes which will or may cause obstruction to the flow in a sewer or otherwise interfere with the proper operation of the treatment works. Prohibited materials include, but are not limited to, grease, improperly shredded garbage, animal tissues, diseased human organs or tissue fluids, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil and similar substances.

(7)

Excessive discharge. Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards. Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain a concentration or qualities of pollutants that exceed, for any time period longer than 15 minutes, more than five times the average twenty-four-hour concentration, quantities or flow during normal operation. Any wastewater which causes a hazard to human life or creates a public nuisance.

(8)

Toxic pollutants. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.

(9)

Stormwater. Discharge of stormwater, including surface and ground water from sump pumps and cellar drains, into the treatment works from any source.

(10)

Discolored materials. Wastes with color not removable by the treatment works, and all wastes containing more than 100 APUH color units.

(11)

Substances interfering with sludge management. Any substance which may cause the POTW's sludge to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or the New Jersey Guidelines for the Utilization and Disposal of Municipal and Industrial Sludges and Septage.

(12)

Corrosive wastes. Any waste which will cause corrosion or deterioration of the treatment works. All wastes discharged to the treatment works must have a pH value in the range of five point zero (5.0) to nine point zero (9.0) standard units. Prohibited materials include, but are not limited to, acids, alkalies, sulfides, concentrated chloride and fluoride compounds and substances which will react with water to form acidic or alkaline products.

(13)

Heat. Heat in amounts which will inhibit biological activity in the treatment works, resulting in interference or causing damage, but in no case heat in such quantities that the temperature exceeds 65º C. (150º F.) at the treatment works and 40º C. (104º F.) at the treatment works plant, unless the Department, upon request of the POTW, approves alternate temperature limits.

When the Superintendent determines that a user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Superintendent shall advise the user(s) of the impact of the contribution on the POTW, develop effluent limitation(s) for such user to correct the interference with the POTW and advise the Business Administrator of the user's violation.

§ 140-6 Stricter federal standards to apply; notification of users.

Upon the effective date of the federal categorical pretreatment standard for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this Part 2 for sources in that subcategory, shall immediately supersede the limitations imposed under this Part 2. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.

§ 140-7 Modification of standards.

Where the Township's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the Township may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system as measured according to the procedures set forth in Section 403.7(c)(2) of the General Pretreatment Regulations for Existing and New Sources of Pollution (40 CFR 403) promulgated pursuant to the Act. The Township may modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained.

§ 140-8 Specific discharge limitations; surcharge.

No waste shall be permitted to be discharged into the Township's sewage system which contains physical, chemical and biological characteristics in concentrations in excess of those in domestic sewage. These specific limitations include, but are not limited to, the following;

	Substance	Concentration
	Total suspended solids	300 mg/l
	Biochemical oxygen demand (5 days, 20º C.)	250 mg/l
	Total organic carbon	250 mg/l
	Chemical oxygen demand	600 mg/l
	Total nitrogen, as N	40 mg/l
	Total phosphorus, as P	50 mg/l
	Oil and grease	100 mg/l
	pH	5.5 - 9.0 SU
	Temperature (not to exceed)	65º C.
	Arsenic	0.05 mg/l
	Cadmium	0.01 mg/l
	Copper	1.0 mg/l
	Cyanide	0.2 mg/l
	Lead	0.05 mg/l
	Mercury	0.002 mg/l
	Silver	0.05 mg/l
	Total chromium	1.0
	Surfactants	0.5 mg/l
	Total identifiable chlorinated hydrocarbons	10.0 mg/l

In the event that any user exceeds the discharge limitations set forth above, a surcharge shall be imposed until such time as the excessive discharge is corrected. Any excessive discharge shall be treated as a violation of the wastewater contribution permit and shall be subject to the conditions set forth in §§ 140-24 through 140-27.

In no instance shall concentrations in excess of 1,200 mg/l for COD, 600 mg/l for BOD and TSS, 80 mg/l for total nitrogen and 150 mg/l for oil and grease be permitted.

Surcharge.

The surcharge shall be calculated as 115% of the applicable volume charge for each 100 mg/l or portion thereof by which the total waste discharge is in excess of 250 mg/l for BOD or 300 mg/l for TSS. A surcharge of 104% of the applicable volume charge shall be calculated for each 10 mg/l or portion thereof by which the waste discharge exceeds 40 mg/l for total nitrogen or 100 mg/l for oil and grease. The surcharge shall be applied independently for each of the above-listed parameters and in addition to the applicable volumetric charge.

The surcharge factor shall be calculated as follows:

	Surcharge =	(1.15) exp (BOD₅ - 250)/100
		+
		(1.15) exp (SS - 300)/100
		+
		(1.04) exp (total nitrogen - 40)/10
		+
		(1.04) exp (oil and grease - 100)/10

For typical domestic sewage, the surcharge shall be equal to zero.

§ 140-9 State requirements.

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this Part 2.

§ 140-10 Right of revision.

The Township reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the treatment works if deemed necessary to comply with objectives presented in § 140-2 of this Part 2.

§ 140-11 Dilution of waste not substitute for treatment.

No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards or in any other pollutant-specific limitation developed by the Township or state.

§ 140-12 Accidental discharges.

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by Part 2 of this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Superintendent for review and shall be approved by him/her prior to construction of the facility. All existing users shall complete such a plan by May 1, 1986. No user who commences contribution to the POTW after the effective date of Part 2 of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Superintendent. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility of modifying his/her facility as necessary to meet the requirements of this Part 2.

§ 140-13 Telephone notice.

In the case of an accidental discharge or, if for any reason a user does not comply or will be unable to comply with any prohibition or limitation in this Part 2, the user responsible for such discharge shall immediately telephone and notify the POTW of the incident. The notification shall include location of the discharge, type of waste, concentration and volume. Furthermore, such user shall take immediate action to prevent interference with the treatment process and/or damage to the treatment works.

§ 140-14 Written report.

Within five days following an accidental or noncomplying discharge, the user shall submit to the Superintendent a detailed written report describing the date, time and cause of the discharge, the quantity and characteristics of the discharge and corrective action taken at the time of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this Part 2 or other applicable law.

§ 140-15 Notice to employees.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

§ 140-16 Fees.

Purpose. It is the purpose of this section to provide for the recovery of costs from users of the Township's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Township's Schedule of Charges and Fees.[1]

[1]

Editor's Note: The schedule is on file in the office of the Township Clerk.

Charges and fees. The Township may adopt charges and fees which may include:

Fees for reimbursement of costs of setting up and operating the Township's pretreatment program.

Fees for monitoring, inspections and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications.

(5)

Fees for filing appeals.

(6)

Fees for consistent removal of pollutants otherwise subject to federal pretreatment standards.

(7)

Other fees as the Township may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by Part 2 of this chapter and are separate from all other fees chargeable by the Township.

§ 140-17 Permit required for discharge.

It shall be unlawful to discharge without a Township permit to any natural outlet within the Township or in any area under the jurisdiction of said Township and/or to the POTW any wastewater except as authorized by the Township in accordance with the provisions of this Part 2.

§ 140-18 Wastewater contribution permits.

General permits. All significant users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 60 days after the effective date of this Part 2.

Permit application.

Users required to obtain a wastewater contribution permit shall complete and file with the Township, an application in the form prescribed by the Township, and accompanied by a fee of $500 plus a fee in the amount of $200 for each year of the permit. Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of Part 2 of this chapter, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

(a)

Name, address and location (if different from the address).

(b)

The SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

(c)

Wastewater constituents and characteristics, including but not limited to those mentioned in § 140-5 of Part 2 of this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.

(d)

Time and duration of contribution.

(e)

Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

(f)

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.

(g)

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

(h)

Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.

(i)

Each application shall contain a certification by a professional engineer licensed in the State of New Jersey that the information required by Subsection B(1)(c) through B(1)(h) above is accurate and correct.

(j)

If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule.

[1]

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction etc.).

[2]

No increment referred to in Subsection B(10)(a) shall exceed nine months.

[3]

Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.

(k)

Each product produced by type, amount, process or processes and rate of production.

(l)

Type and amount of raw materials processed (average and maximum per day).

(m)

Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

(n)

Any other information as may be deemed by the Township to be necessary to evaluate the permit application.

The Township will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Township may issue a wastewater contribution permit subject to terms and conditions provided herein.

Permit modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for a wastewater contribution permit as required by § 140-17, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent, within 180 days after the promulgation of an applicable federal categorical pretreatment standard, the information required by Subsection B(1)(h) and B(1)(j).

Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of Part 2 of this chapter and all other applicable regulations, user charges and fees established by the Township. Permits may contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

Limits on the average and maximum wastewater constituents and characteristics.

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

Requirements for installation and maintenance of inspection and sampling facilities.

(5)

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

(6)

Compliance schedules.

(7)

Requirements for submission of technical reports or discharge reports. (See § 140-19.)

(8)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Township and affording Township access thereto.

(9)

Requirements for notification of the Township or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(10)

Requirements for notification of slug discharges as per § 140-14.

(11)

Other conditions as deemed appropriate by the Township to ensure compliance with Part 2 of this chapter.

Permits duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Township during the term of the permit as limitations or requirements as identified in §§ 140-5 through 140-15 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the Township. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

§ 140-19 Reporting requirements for permittee.

Compliance report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for those process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.

Periodic compliance reports.

Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in § 140-18B(1)(e). At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.

The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection B(1) of this section shall indicate the mass of pollutants regulated by treatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR 136, and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. (Comment: Where 40 CFR 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication entitled "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)

§ 140-20 Monitoring facilities.

The Township shall require to be provided and operated at the user's own expense monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. All monitoring facilities shall be subject to review and approval by the Superintendent. The monitoring facility should normally be situated on the user's premises at a location approved by the Superintendent. The facility shall not be constructed in a street or sidewalk or shall be located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in the facility to allow accurate sampling and preparation of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

The sampling and monitoring facilities shall be provided in accordance with the Township's requirements and all applicable local construction standards and specifications. Construction shall be completed within 60 days following written notification by the Township.

§ 140-21 Inspection and sampling.

The Township shall inspect the facilities of any user to ascertain whether the purpose of this Part 2 is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Township or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties.

The EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into his premises, the user shall make necessary arrangements with his security guards so that, upon presentation of suitable identification, personnel from the Township, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

§ 140-22 Pretreatment facilities; records to be made available.

Users shall provide necessary wastewater treatment as required to comply with this Part 2 and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the Township shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Township for review and shall be acceptable to the Township before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Township under the provisions of this Part 2. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Township prior to the user's initiation of the changes.

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.

§ 140-23 Confidential information.

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the Township that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this Part 2, the National Pollutant Discharge Elimination System (NPDES) permit, New Jersey Pollutant Discharge Elimination System (NJPDES) permit and/or the pretreatment programs: provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the Township as confidential shall not be transmitted to any governmental agency or to the general public by the Township until and unless a ten-day notification is given to the user.

§ 140-24 Suspension of permit; severance of sewer connection.

The Township may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the Township, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the POTW or causes the Township to violate any condition of its NPDES permit.

Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Township shall take such steps as are deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Township shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Township within 15 days of the date of occurrence.

§ 140-25 Revocation of permit.

Any user who violates the following conditions of this Part 2, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of §§ 140-24 through 140-27:

Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

Violation of conditions of the permit.

§ 140-26 Show cause hearing.

The Township may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Township Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Township Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Township Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.

The Township Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the Water and Sewer Department to:

Issue in the name of the Township Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

Take the evidence.