[Adopted 1-13-1977 by Ord. No. 741]
Whenever used in Part 4 of this chapter, the following terms shall have the meanings indicated:
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free of floatable fat if
it is properly pretreated and the wastewater does not interfere with
the collection system.
A charge to industrial users based on the use of PVSC facilities
to repay the capital cost outlay of the federal share given the PVSC
under the provisions of applicable federal law allocable to the treatment
of the wastes from the industrial user.
Any nongovernmental user of PVSC facilities identified in
the Standard Industrial Classification Manual 1972, as amended and
supplemented, under Divisions A, B, D, E or I. A user may be excluded
if it is determined that it introduced primarily segregated sanitary
wastes.
An industrial user of PVSC facilities that:
Has a flow of 50,000 gallons or more per average
work day;
Has in its waste a toxic pollutant in toxic
amounts; or
Is found by USEPA, NJDEP or PVSC to have significant
impact, either singly or in combination with other contributing industries,
in the PVSC treatment works or upon the quality of the effluent from
the PVSC treatment works.
An outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface or
ground water, including the Passaic River or any of its tributaries.
The New Jersey Department of Environmental Protection.
The National Pollution Discharge Elimination System.
Any individual, firm, company, society, association, corporation
(public or private) or group.
The reciprocal of the logarithm of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions, in grams, per liter
of solution. Neutral water has a pH value of seven (a hydrogen concentration
of 10-7). Lower pH's are acid; higher pH's
are alkaline.
Treatment given to industrial waste prior to its discharge,
directly or indirectly, to the PVSC facilities by the industry in
order to remove illegal and/or undesirable constituents or to reduce
the strength of the waste.
A common sewer controlled by a governmental agency, public
utility or the municipality.
The Passaic Valley Sewerage Commissioners.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of ground- , storm- and surface waters
that are not admitted intentionally.
Waste derived principally from dwellings, office buildings
and sanitary conveniences. When segregated from industrial wastes,
"sanitary waste" may come from industrial plants or commercial enterprises.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
Any discharge of water or wastewater which, in concentration
of any given constituent or in quantity of flow, exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flow during normal operation.
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
A measurement of suspended solids and/or biochemical oxygen
demand and/or chemical oxygen demand and/or any other parameter determined
by PVSC as a fair indicator of the relative use, other than volumetric,
of PVSC facilities by industrial wastes.
Totally suspended matter that either floats on the surface
of or is in suspension in water, wastewater or other liquids and that
is removable by laboratory filtering as prescribed in Standard Methods
for the Examination of Water and Wastewater and referred to as nonfilterable
residue.
As defined by USEPA in 40 CFR 129 (38 F.R. 24342, 9-7-73)
and any superseding revisions.
Water of a quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
The United States Environmental Protection Agency.
A charge to users consisting of two parts. The first part
is established by the PVSC, based on volume and, where applicable,
on strength and/or flow rate, to pay for the use of the PVSC facilities.
The second part is established by the municipality to pay for the
use of the local sewer system and to pay for administration of the
billing and collection of the funds.
The spent water of a community from the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water and stormwater that may
be present.
The structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
The PVSC facilities.
It shall be unlawful to discharge into any natural
outlet within the municipality any wastewater or other polluted wastes,
except where suitable treatment has been provided and where a National
Pollution Discharge Elimination System permit has been obtained from
the appropriate governmental authority, where required.
No unauthorized person shall uncover, make any
connections with or opening into, use, alter or disturb any public
sewer or appurtenance thereof without first obtaining a permit from
the appropriate municipal official.
Each existing industrial user which is presently
connected, directly or indirectly, to the wastewater facilities of
the municipality shall make application for a permit no later than
April 1, 1977, whether the connection is for industrial waste or stormwater.
In the case of a sanitary application for dwellings, groups of dwellings
or industrial or commercial establishments with only sanitary waste,
the application shall be made directly to the municipality. A fee
shall be paid to the municipality to process the application as otherwise
provided by ordinances of the municipality. The governing body of
the municipality shall designate some suitable person to maintain
a record of the number of sanitary applications and connections that
are added and removed from the system and shall make an annual report
to the Passaic Valley Sewerage Commissioners no later than February
1 of each year. When a direct connection to a PVSC sewer is requested
by the applicant, the request shall first be endorsed with the approval
of the governing body of the municipality and then submitted to the
PVSC for their action. In the case of industrial applications, the
application shall be made by the industry that generates the waste;
however, the application must be signed by the owner of the property
whereon the industry is located as well.
Any existing industrial user which proposes to make any change in its facility or its processing which significantly affects the quality or the quantity of its discharge into the system shall submit to the municipality an industrial sewer waste revision application, showing the contemplated changes. Any new tenant or occupant of an existing industrial user shall submit an industrial sewer waste revision application. The application, if approved by the municipality, shall be sent to the PVSC, accompanied by the written approval of the municipality. Existing industrial users that have applied for permits may continue their discharge until their application has been processed by PVSC, except for any discharges which constitute prohibited waste as otherwise provided in Part 4 of this chapter or unless notified by the PVSC to cease and desist their discharge. No certificate of occupancy shall be issued for an industrial use until an industrial permit has been issued by the PVSC, and no person shall occupy any building or structure for the purpose of a new industrial use until an industrial permit has been issued by the PVSC.
A.
Industrial users shall be classified by the PVSC as
follows:
(1)
Category I:
(a)
A Class I-A permit shall not be issued to an
industry defined as a major industry and when issued shall allow the
industry to discharge with no modifications or pretreatment of flow.
(b)
A Class I-B permit is one issued to an industry
classified as a major industry. This permit shall allow the industry
to discharge with no modifications or pretreatment of flow. However,
the PVSC may require the installation of monitoring equipment.
(2)
Category II:
(a)
A Class II-A permit shall allow an industry
to discharge pretreated wastes in accordance with standards established
in the permit.
(b)
A Class II-B permit shall allow an industry
to continue to discharge subject to change of characteristics of its
waste by pretreatment or other means in accordance with a schedule
as established by the PVSC in the permit.
(3)
Category III: The permit is denied, and the discharge
of prohibited materials must be halted or modified by a date established
by the PVSC and in accordance with conditions contained in the permit
denial.
B.
The PVSC classification of an application is subject
to change by the PVSC upon written notification from the PVSC to the
applicant by certified mail. Any change shall be accompanied by a
detailed explanation of the reason for the change.
A.
Any industry aggrieved by a permit classification
by the PVSC shall have a right to appeal to the PVSC. Such an administrative
appeal shall be taken within 30 days of notification to the industry
by the PVSC of its decision. The notice of appeal shall be delivered
personally to the offices of the PVSC at 600 Wilson Avenue, Newark,
New Jersey, or shall be sent by certified mail, return receipt requested.
The taking of an appeal shall not stay the provisions of a Class III
denial. During the time of appeal, however, the Class II permits shall
be stayed. However, the staying shall not release any industry from
meeting any requirements of any schedule set by the New Jersey Department
of Environmental Protection or the United States Environmental Protection
Agency.
B.
Upon the filing of an appeal, the PVSC shall set the
date and time for a hearing before the Commissioners. The applicant
shall have the right to present evidence, shall have the right to
be represented by counsel and shall have the right of cross-examination.
Upon the conclusion of the hearing, the Commissioners shall make findings
of fact and conclusions.
All applications for industrial permits shall
be submitted on forms to be supplied by the PVSC and shall comply
with the instructions on said form.
All costs and expenses incidental to the installation
and connection of the building sewer shall be borne by the applicant,
and the applicant shall indemnify the municipality or the PVSC from
any loss or damage that may be occasioned by the installation of the
building sewer. All sewer connections shall be in accordance with
the requirements of the municipality as otherwise provided by ordinance.
In the case of the connection into PVSC sewer, the connection shall
be in accordance with the conditions contained in the approval of
the PVSC.
No person shall make connection on roof downspouts,
foundation drains, areaway drains or other sources of surface runoff
or groundwater to a building sewer or drain which in turn is connected,
directly or indirectly, to a public sanitary sewer, unless approved
by the municipality for purpose of disposal of polluted surface drainage.
In addition to the application for the permit
as hereinabove provided, each industrial user must complete an industrial
trial survey form which will be supplied by the PVSC and, from time
to time, shall update the form when required by the PVSC.
Whenever an industry is classified as a major
industry, it shall install an approved, sealed, automatic monitoring
system if required by the PVSC.
No uncontaminated water shall be discharged
into the PVSC system except with the prior written consent of the
municipality and the PVSC. There will be two separate provisions;
one for municipalities with separate systems and one for municipalities
with combined systems.
When pretreatment standards are adopted by the
United States Environmental Protection Agency for any given class
of industries, then any industry within that class must conform to
the United States Environmental Protection Agency timetable for adherence
to pretreatment requirements, as well as all other applicable requirements
promulgated by the United States Environmental Protection Agency,
in accordance with the provisions of the law. Additionally, such industries
shall comply with such more stringent standards necessitated by local
conditions as determined from time to time by the PVSC.
All industrial users shall provide immediate access to its facilities at any time during normal working hours or at any other time that there is a discharge into the PVSC system or into any waters under the jurisdiction of the PVSC. Access shall be for the purpose of checking the quality of the discharge, taking samples and making tests of the discharge or for the purpose of permitting enforcement of Part 4 of this chapter. The access shall be made available to the employees of the PVSC, the New Jersey Department of Environmental Protection, the United States Environmental Agency and/or the municipality. All users shall provide access to property and premises for inspection for the purpose of determining if there is any violation of the terms or provisions of Part 4 of this chapter.
The following wastes are prohibited and may
never be discharged into wastewater facilities of the municipality
and the PVSC:
A.
Wastes that may create a fire or explosion hazard
in the sewer or wastewater facility, such as gasoline, fuel oil, cleaning
solvents, etc.
B.
Wastes that may impair or cause to impair the hydraulic
capacity of the sewer system, such as ashes, sand, metal, precipitates,
etc.
C.
Wastes that may create a hazard to people, the sewer
system, the treatment process or the receiving water, such as dangerous
levels of toxic materials.
D.
Wastes at a flow rate which is excessive over a relatively
short time period so that there is a treatment process upset and substantial
loss of treatment efficiency.
E.
Wastes below a pH of five unless the line is designed
to accommodate such waste.
F.
Any discharge of radioactive wastes or isotopes of
such half-life or concentration as may exceed limits established by
the PVSC in compliance with applicable state or federal regulations.
The following wastes may not be discharged without
special permission from the PVSC, upon a determination by the PVSC
that the discharge would not be detrimental to the system:
A.
Any discharge in excess of 150º F. (65º
C.).
B.
Any discharge containing more than 100 milligrams
per liter of mineral oil or grease.
C.
Any discharge containing floatable oil or grease.
D.
Any discharge of heavy metals or any other toxic materials
in toxic amounts, which amounts are to be established by the PVSC.
E.
Any discharge quantities of flow or concentration
which shall constitute a slug.
F.
Wastes with a pH outside the limits of 5.0 to 9.0.
Each major industrial user shall construct or
otherwise have available a sampling point for sampling wastewater
before it enters the municipal sewer system. Other industrial users
may be required to construct such sampling point if ordered so to
do by the municipality or the PVSC.
No discharge into the wastewater facilities
of PVSC shall be permitted from any source which causes physical damage,
interferes with the treatment process or results in a violation of
effluent limitations or other conditions contained in the National
Pollution Discharge Elimination System permit to discharge issued
to the PVSC by the United States Environmental Protection Agency.
When required by the municipality, the USEPA,
the NJDEP or the PVSC, the owner of any property serviced by a building
sewer carrying industrial wastes shall install a suitable structure
together with such necessary meters and other appurtenances to the
building sewer, to facilitate observation, sampling and measurement
of the wastes. Such structure, when required, shall be accessibly
and safely located and shall be constructed in accordance with plans
approved by the governmental agency requiring it. The structure shall
be installed by the applicant at his expense and shall be maintained
by him so as to be safe and accessible at all times.
All persons subject to Part 4 of this chapter shall be required to provide information to the municipality and PVSC as needed to determine compliance with Part 4 of this chapter. These requirements may include:
A.
Wastewater discharge peak rate and volume over a specified
time period.
B.
Chemical analyses of wastewater.
C.
Information on raw materials, processes and products
affecting wastewater volume and quality.
D.
Quantity and disposition of specific liquid, sludge,
oil, solvent or other materials important to sewer use control.
E.
A plot plan of sewers on the user's property, showing
sewer and pretreatment facility location.
F.
Details of wastewater pretreatment facilities.
G.
Details of systems to prevent and control the loss
of materials through spills to the municipal sewer.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in Part 4 of this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, or other method or procedure as may be approved by the PVSC. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis, subject to the approval of the municipality and/or PVSC.
All users shall be required to comply with the
requirement of user costs regulations and industrial costs recovery
system regulations to be adopted by the PVSC in accordance with the
requirements of the USEPA. The effective date for the implementation
of user costs regulations and industrial costs recovery system regulations
shall be established by resolution of the PVSC. The effective date
shall be certified by the PVSC, and said written certification shall
be filed in the office of the Municipal Clerk.
No person shall intentionally break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the wastewater facilities.
The governing body shall appoint or designate some suitable person to administer Part 4 of this chapter.
All users of the wastewater facilities shall comply with the requirements of the written rules and regulations of the PVSC which have been adopted and which from time to time shall have been amended, which regulations shall become effective upon filing of certified copies in the office of the Municipal Clerk after the effective dates of Part 4 of this chapter.
Any person violating any of the provisions of Part 4 of this chapter shall, upon conviction, be subject to a fine not to exceed $500 and/or imprisonment not to exceed 90 days, or both. Each and every day in which a violation of any provision of Part 4 of this chapter exists shall constitute a separate violation.
