As used in this chapter, the following terms shall have the meanings
indicated:
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will separate
by gravity from wastewater by treatment in an approved pretreatment facility.
A wastewater shall be considered free of floatable fat if it is properly pretreated
and the wastewater does not interfere with the collection system.
INDUSTRIAL COST RECOVERY
A charge to an industrial user based on its use of PVSC facilities
to repay the capital cost outlay of the federal share given PVSC under the
provisions of applicable federal law allocable to the treatment of the wastes
from the industrial user.
INDUSTRIAL USER
Any nongovernmental, nonresidential user which is identified in the
Standard Industrial Classification Manual under Division A, B, D, E or I,
and which is not designated as a significant industrial user. It also means
any other user that the PVSC determines requires a sewer use permit due to
the nature of the wastes in its discharge to the sanitary sewer.
INDUSTRIAL WASTE
The liquid wastes resulting from the processes employed in industrial,
manufacturing, trade, or business establishments, or from the development,
recovery, detoxification or processing of natural resources or other wastes
as distinct from domestic sanitary wastes.
INTERFERENCE
The inhibition or disruption of the PVSC sewer system, treatment
process or operation, which causes or significantly contributes to a violation
of any requirements of its NJPDES permit.
LARGE COMMERCIAL USER
Any nongovernmental, nonresidential user (except as industrial or
tax exempt user) which discharges more than the equivalent of 25,000 gallons
per day of domestic sanitary waste.
LEL (LOWER EXPLOSIVE LIMIT)
The lowest concentration of combustible substance in air through
which flame, once ignited, will continue to propagate.
LETTER OF AUTHORIZATION
A written authorization issued by the PVSC to a user, for a limited
period not to exceed one year, for a specific purpose, which authorizes the
discharge of wastes to the sanitary sewer.
MAJOR INDUSTRY
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.
MAXIMUM LIMIT
The highest allowable discharge of a pollutant where the pollutant
is measured for more than a calendar day or any twenty-four-hour period, or
where at least two daily discharge samples are composited prior to performing
the analysis.
MEASUREMENT YEAR
For the purpose of calculating user charges, the period from October
1 of each year through September 30 of the following year.
METHOD DETECTION LIMIT (MDL)
The minimum concentration of a contaminant that can be measured and
reported with a 99% confidence that the analyte concentration is greater than
zero and is determined from analysis of a sample in a given matrix containing
the analyte.
NATURAL OUTLET
An outlet, including storm sewers and combined sewer overflows, into
a watercourse, pond, ditch, lake or other body of surface or groundwater including
the Passaic River or any of its tributaries.
NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES)
The federal program, under the Federal Water Pollution Control Act
Amendments, Clean Water Act and other acts, for issuing, conditioning and
denying permits for the discharge of pollutants from point sources into the
navigable waters, the contiguous zone and the oceans, pursuant to Section
402 of the Act.
NJDEP
The New Jersey Department of Environmental Protection.
PERSON
A natural person or group of persons, unincorporated association,
partnership, corporation, limited liability company, company, truck, business
entity or associate, and any agent employee, partner, officer, director, member,
stockholder, associate, trustee or legal representative. The term "person"
shall also mean the federal government and the State of New Jersey, or any
of their political subdivisions and/or agencies.
pH
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 7 (a hydrogen concentration of 10-7). Lower
pHs are acid; higher pHs are alkaline.
POTW
The PVSC publicly owned treatment works.
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater prior
to or in lieu of discharging or otherwise introducing such pollutants into
PVSC. The reduction or alteration may be obtained by physical, chemical or
biological processes, process changes or by other means, except as prohibited
by 40 CFR 403.6(d). Appropriate pretreatment technology includes control equipment,
such as equalization tanks or facilities, for protection against surges or
slug loadings that might interfere with or otherwise be incompatible with
PVSC. However, where wastewater from a regulated process is mixed in an equalization
facility with unregulated wastewater or with wastewater from another regulated
process, the effluent from the equalization facility must meet an adjusted
pretreatment limit calculated in accordance with 40 CFR 403.6(e)
PUBLIC SEWER
Any sewer dedicated to public use and which use is controlled by
a public corporation.
PVSC
The Passaic Valley Sewerage Commissioners.
SANITARY SEWER
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.
SANITARY WASTE
Waste derived principally from dwellings, office buildings, and sanitary
conveniences; when segregated from industrial wastes, may come from industrial
plants or commercial enterprises.
SEWAGE
The spent water of a community. The preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
SLUG
Any discharge of water of 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 flows during normal operation.
STRENGTH OF WASTE
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.
SUSPENDED SOLIDS
Total suspended matter that either floats on the surface of, 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.
UNPOLLUTED WATER
Water of 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 sewer and
wastewater treatment facilities provided.
USEPA
The United States Environmental Protection Agency.
USER CHARGE
A charge to users consisting of two parts: the first part established
by 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 established by
the Township to pay for the use of the local sewer system and to pay for administration
of the billing and collection of the funds.
WASTEWATER
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.
WASTEWATER FACILITIES
The structures, equipment, and processes required to collect, carry
away, and treat domestic and industrial wastes and dispose of the effluent.
Industrial users shall be classified by the PVSC as follows:
A. Category I.
(1) 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 modification or pretreatment of flow.
(2) 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.
B. Category II.
(1) Class II-A permit shall allow an industry to discharge
pretreated wastes in accordance with standards established in the permit.
(2) 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.
C. 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.
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.
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 by the PVSC to the industry 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 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.
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
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 Township 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 Township as otherwise provided
by ordinance. In the case of the connection into the 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 Township for the 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 Survey Form which will be
supplied by the PVSC and, from time to time, shall update the form when required
by the PVSC.
No person shall discharge, cause to be discharged or allow to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface drainage,
swimming pool water, uncontaminated water or unpolluted waters to any sanitary
sewer in any manner, except with the prior written consent of both the Township
and the PVSC. Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically designated as storm drains or to a natural
outlet approved by the Township Engineer. Industrial cooling water or unpolluted
process water may be discharged, on approval of the Township Engineer, to
a storm drain or natural outlet.
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 their 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 these regulations. The access shall be made available
to the employees of the PVSC, New Jersey Department of Environmental Protection,
United States Environmental Agency and/or the Township. 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 this chapter.
No person shall discharge or deposit or cause or allow to be discharged
or deposited into the treatment works or public sewer, the following:
A. Explosive wastes. Wastes in such quantity which may create
a fire or explosion hazard to the treatment works, collection system or to
the operation of the system, including but not limited to wastewater with
a closed-cup flashpoint of less than 140° F. or 60° C. using the test
methods specified in 40 CFR 261.21. Additional quantitative limitations on
explosive wastes are specified in PVSC's rules and regulations.
B. Corrosive wastes. Wastes in such quantity which may cause corrosion or deterioration of the treatment works. Unless a higher limit is otherwise stated in the sewer use permit issued to a user, all wastes shall have a pH not less than 5. Unless otherwise stated in the sewer use permit, all wastes shall have a pH not more than 10.5. If the PVSC requires the installation of a continuous pH recorder, the permittee may exceed the upper or alkaline pH limit subject to the conditions contained in §
199-14. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride or fluoride compounds, etc.
C. Solids or viscous wastes. Solids or viscous wastes in
amounts which 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, uncomminuted garbage, bones, hides, or
fleshings, cinders, sand, stone or marble dust, glass, etc.
D. Floatable pollutants:
(1) Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin in amounts that will cause interference or pass-through.
(2) Any wastes containing floatable fats, wax, grease, oils, or any
other floatable pollutants.
(3) Any industrial wastes containing more than 100 mg/l of petroleum
based oil or grease.
E. Noxious materials:
(1) Pollutants which result in the presence of toxic gases, vapors
or fumes within the POTW in a quantity that may cause acute worker health
and safety problems.
(2) Noxious liquids or gases, which in sufficient quantity, either
singly or by interaction with other wastes, are capable of creating a public
nuisance or hazard to life, or are or may be sufficient to prevent entry into
a sewer for its maintenance and repair.
F. Radioactive wastes. Radioactive wastes or isotopes of
such half life or concentration that they do not comply with regulations or
orders issued by the appropriate authority having control over their use and
which will, or may, cause damage or hazards to the treatment works or personnel
operating the system.
G. Interference/pass-through. Any waste, including discharges
of oxygen demanding wastes (BOD, etc.) released or discharged at a flow rate
and/or pollutant concentration which causes or threatens to cause an upset
at the PVSC treatment works, or which causes or threatens to cause a violation
of the PVSC's NJPDES permit conditions.
H. Excessive discharge rate. Industrial wastes discharged
in a slug or such volume or strength so as to cause a treatment process upset
and subsequent loss of treatment efficiency.
I. Heat.
(1) Any discharge in excess of 150° F. (65° C.).
(2) Heat in amounts which would inhibit biological activity in the
PVSC treatment works resulting in a treatment process upset and subsequent
loss of treatment efficiency.
J. Unpolluted waters. Any unpolluted water including, but
not limited to, cooling water and uncontaminated stormwater, which will increase
the hydraulic load on the treatment system, unless specifically authorized
by PVSC's rules and regulations.
K. Dilution. Increase in the use of process water, or an
attempt in any other way, to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with a pretreatment standard
or effluent limit.
L. Violations. Wastes, which cause the PVSC treatment plant
to violate its NJPDES permit, applicable receiving water standards, permit
regulating sludge which is produced during treatment or any other permit issued
to the PVSC.
M. Ultrahazardous toxics. Those wastes designated by EPA
as sufficiently toxic that they shall not be discharged to the sanitary sewer
in any concentrations.
N. Trucked pollutants. Any trucked or hauled pollutants,
accepted at discharge points designated by the PVSC, and only after approval
is issued by the PVSC.
O. Groundwater. Any groundwater, whether contaminated or
uncontaminated, unless specifically authorized by the PVSC in its rules and
regulations.
P. Stormwater. Any stormwater, whether contaminated or uncontaminated,
unless specifically authorized by the PVSC in its rules and regulations.
Q. Bypassed wastes. Any wastewaters which would normally
be monitored or pretreated, but are discharged to the sanitary sewer without
being monitored or pretreated, unless specifically authorized by the PVSC.
R. Excess heel material. Any quantity of trucked or hauled
material meeting the definition as contained herein, unless authorized by
the PVSC.
The following wastes may not be discharged without special permission
from the PVSC and the Township, upon a determination by the PVSC that the
discharge would not be detrimental to the system:
A. Any discharge of heavy metals, or any other toxic materials
in toxic amounts, which amounts are to be established by the PVSC.
B. Wastes with 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 Township sewer
system. Other industrial users may be required to construct such sampling
point, if ordered so to do by the Township or the PVSC.
No discharge into the wastewater facilities of the 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 Pollutant Discharge Elimination System permit to
discharge issued to the PVSC.
When required by the Township, USEPA, 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 these regulations in this chapter shall be required
to provide information to the Township and the PVSC as needed to determine
compliance with this chapter. These requirements may include:
A. Wastewaters, discharge peak rate and volume over a specified
time period.
B. Chemical analyses of wastewaters.
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 of 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 losses
of materials through spills to the municipal sewer.
All measurements, tests, and analysis of the characteristics of waters
and wastes to which reference is made in 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 Township and/or the PVSC.
All users shall be required to comply with the requirements of the user
charge regulations adopted by the PVSC. The user charges are established under
Part V, User Charge, published in the PVSC's rules and regulations concerning
discharges to the Passaic Valley Sewerage Commissioners treatment works that
are on file in the Township Clerk's office. These rules and regulations
maybe amended from time to time by the PVSC as necessary to comply with NJDEP
and the USEPA.
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 Superintendent of Public Works is hereby designated as the person
who shall administer this chapter.
All users of the wastewater facilities shall comply with all requirements
of the written rules and regulations of the PVSC which have been adopted and
which from time to time shall have been adopted, which regulations shall become
effective upon filing of certified copies in the office of the Township Clerk
after the effective dates of this chapter.
Any violation of this chapter, including the failure to pay fees, charges
and/or surcharges, or any conditions or limitations of a permit issued under
the authority of this chapter may result in the termination of the permit
and/or the termination of the authority to discharge into the Township's
wastewater system. In addition to these sanctions, any violation shall be
subject to such penalties as are otherwise provided by law.
This chapter shall be effective only for those portions of the Township
which are serviced by the treatment facilities of the PVSC.