[Adopted 8-27-1975; amended 9-10-1975; 12-23-1986; 5-24-1988; 2-12-1991; 5-10-1994; 2-27-1996; 12-23-1996; 8-12-1987; 8-24-1999 (Sec. 8:4 of
the 1975 General Ordinances)]
This article establishes the rules, regulations
and standards for the use of the Township sanitary system by industrial
users.
As used in this article, the following terms
shall have the meanings indicated:
The Director of the Department of Public Works or his designated
subordinate, who is herewith charged with the responsibility of enforcing
provisions of this article.
Any fluid, liquid, semiliquid or solid material, other than
fecal matter, resulting from processes of industrial establishments,
discharged or to be discharged or otherwise flowing or to be flowing
into the Township sanitary sewer system.
Any individual, firm, corporation, partnership or other legal
entity which shall be subject to the provisions of this article.
The lines, pumping stations, plants, treatment facilities,
holding facilities, ditches, waterways and appurtenances established
and included within an organized system maintained by the Township
of Burlington to collect, treat and dispose of sanitary waste, effluents
or excrements.
No person shall discharge into the Township's
sanitary sewer system any industrial waste except in compliance with
the provisions of this article and the terms and conditions of any
permit issued hereunder.
A.Â
Application procedure.
(1)Â
Application. Any person desiring a permit to discharge
industrial waste into the sanitary sewer system of the Township of
Burlington shall make application on forms approved by the Director.
(2)Â
Application information. Contained within the application,
or accompanying it as additional exhibits, shall be documents sufficient
to supply information whereby the Director can determine:
(a)Â
The quantity, nature and quality of the industrial
waste sought to be discharged.
(b)Â
The system to be established between the applicant
and the Department of Public Works for the periodic sampling of the
effluent to determine that its characteristics have not changed from
the date of the initial application and permit.
(c)Â
A schedule of discharge sufficient to determine
the time or times when such effluent will be discharged into the Township's
sanitary sewer system.
(d)Â
Constitute complete engineering reports, plans
and specifications covering the connection to the Township's sewerage
system, industrial waste treatment facilities and measuring devices
which will be used in connection with the permit being sought. All
such reports and supporting data herein referred to must be prepared
by a professional engineer registered in the State of New Jersey.
Persons shall not connect or proceed with the construction of any
industrial waste treatment facilities or changes to existing waste
treatment facilities unless such plans and specifications covering
the same shall have been approved by the New Jersey Department of
Environmental Protection and the Director.
B.Â
Review.
(1)Â
The Director shall review every properly filed application
to determine whether the application denotes a discharge which may,
considering the regulations contained within this article, be properly
made into the sanitary sewer system operated by the Township of Burlington
and whether the systems established by the applicant are sufficient
to guarantee that said discharge will continue to meet the standards
set forth within this article. In the event that the Director shall
determine that the application is proper and meets the standards set
forth within this paragraph, then the Director shall issue a permit
called for by this article.
(2)Â
Each person applying to the Director shall during
the application period:
(a)Â
Cooperate with the Superintendent by adopting
and enacting such schedules of discharge that will minimize peak concentrations
of industrial waste.
(b)Â
Produce wastes of a quality acceptable to the
Superintendent. The Superintendent may order construction of equalization
and/or pretreatment facilities in accordance with his specification
if in his opinion discharge materials in the waste cause or threaten
injury to or would unduly increase the cost of operation of the sewerage
system treatment plant or treatment process. All plans and specifications
will conform and be approved by the New Jersey Department of Environmental
Protection.
(c)Â
Indemnify the Township for any damage caused
by wastes determined by the Superintendent to have been discharged
by the industrial user to the Township's sewerage system, treatment
plants, its functions and treatment processes.
(d)Â
Install a suitable device for continuously indicating
recording and totalizing the flow.
Accompanying the application called for within
this article there shall be a nonrefundable fee of $100 which shall
be used to offset the administrative costs involved in reviewing the
application submitted under this article.
In addition to the application fee, each applicant
shall deposit in cash the sum of $1,000 with the Director to be placed
in escrow by the Township to cover the cost of professional review
by the professionals employed by the Township to make the reviews
called for by the application. At the time of submitting his application
and plans to the Director, the applicant shall be required to execute
an escrow agreement between the applicant and the Township to cover
the cost of the technical and professional review of the application,
plans and inspections called for by this article. Said escrow agreement
shall be in the form approved by the Solicitor of the Township of
Burlington. The escrow agreement shall provide that the applicant
pay all necessary and reasonable costs incurred by the technical and
professional staff employed by the Township for the review of the
applicant's application, plans and inspections. The sums specified
above are deemed estimates which shall be posted prior to consideration
by the Director of the application. In the event that more than the
sums specified above are required to pay the reasonable costs incurred,
the applicant shall, prior to being permitted to take the next step
or to continue with his activities or in any event prior to final
approval for any work performed, pay all additional sums required.
In the event that the sums posted are more than those required, the
excess funds shall be returned to the applicant within 14 days of
the issuance of final approval of the project. Prior to the issuance
of final approval, the Director shall determine from the professional
staff employed by the Township whether there are any additional sums
required to be paid from the escrow funds established. In the event
that there are, the Director shall so notify the Township Treasurer
of the amounts to be held in that account. The Director shall determine
the position of all escrow accounts, and where additional funds are
required, it shall be the obligation of the Director to so notify
the applicant of the amounts needed and to properly make all payments
required to be made under this section of the article. In addition
to those terms, the escrow agreement may require any other additional
terms which are agreed to by the applicant and the Director. A schedule
of fees shall be posted in the office of the Township Clerk and such
other place or places as the Township shall direct.
All permittees under the provisions of this
article shall at their expense install a suitable device for continuously
indicating, recording and totalizing the flow of discharge into the
sanitary sewerage system, provided that such meters and measuring
devices are to be located at the main sewer plant. Specifications
and plans for the complete metering or measuring devices shall be
submitted to the Director with the application and shall meet his
approval.
A.Â
Control and maintenance. All meters or measuring devices
installed or required to be installed shall be under the control of
the Director and accessible to the Director's representatives during
the operational hours of the industry. The industrial user for whom
such measuring equipment is installed, at its own expense, shall be
responsible for:
B.Â
Payment of costs. Costs for the repair or calibration,
if paid for by the Township, shall be due and payable to the Township
within 30 days after written notification of such payment by the Township
to the permittee.
C.Â
Inspection. The Director and his designates shall
have the right to enter the establishment of the industrial user for
inspection of the operation of the industrial waste treatment facilities
and the collection of samples from any component thereof.
D.Â
Use of bypasses. The use of any bypassing device in
the industrial waste treatment facilities shall not be used in connection
with wastewaters to be discharged into the Township sanitary system,
or the bypassing or attempted bypassing of any meter or measuring
devices called for within this section of the article shall not be
allowed under any circumstances. Any accidental spills, overflows,
equipment or process failures shall be reported to the Director of
the Department of Public Works immediately and confirmed in writing
within 10 days with an explanation of the cause and planned action
to eliminate further reoccurrences. The Director reserves the right
to immediately suspend, pending hearing as more particularly set forth
under other provisions of this article, any permit issued pursuant
to this article for a violation or alleged violation of this provision.
A.Â
Prohibited discharges.
(1)Â
Any solids, liquids or gases which by themselves or
by interaction with other substances may cause fire or explosion hazards,
or in any other way be injurious to persons, property or the operation
or process of the sewage treatment works.
(2)Â
Any noxious or malodorous solids, liquids or gases
which, whether singly or by interaction with other substances, are
capable of creating a public nuisance or hazard to life or preventing
entry into the treatment facilities for their maintenance or repair.
(3)Â
Any solids, greases, slurries or viscous material
of such character or in such quantity that, in the opinion of the
Director, may cause an obstruction to the flow in pumps or pipelines
or otherwise interfere with the proper functioning of the sewerage
treatment facilities.
(4)Â
Any toxic substances, chemical elements or compounds
in quantities sufficient to impair the operation or efficiency of
the sewerage treatment facilities, or that will pass through the sewerage
treatment plant and cause the effluent thereof to exceed state or
interstate water-quality requirements for the receiving stream.
(5)Â
Any liquids having a pH lower than 5.5 or higher than
9.5 or having any corrosive property capable of causing damage or
hazards to structures, equipment or personnel of the sewerage treatment
works.
(6)Â
Any radioactive isotopes.
(7)Â
Any liquid or vapor having a temperature greater than
160° F.
(8)Â
Any waste or water containing more than 100 mg/l by
weight of fats, oil or greases.
(9)Â
Any ashes, cinders, sand, muck, straw, shavings, metal,
glass, bones, feathers, tires, plastic, wood, paunch manure, butcher's
offal, or any other solids or viscous substances capable of causing
obstruction to the flow or other interference with the proper operation
of the sewerage treatment works.
(10)Â
Any waste or water that contains cyanide in
excess of concentration determined by multiplying 0.2 mg/l by the
ratio of the average flow in the receiving stream to the design flow
of the sewerage treatment works.
(11)Â
Any water or waste containing suspended solids
of such character and quantity that require unusual attention or expense
to handle such materials at the sewerage treatment plant.
(12)Â
Any grit and sludge from pits of service stations
or other commercial or industrial establishments, as well as overflow
from such pits to cesspool and septic tanks.
(13)Â
Any gasoline or diesel engine cleanings or strippings
of any kind from materials, supplies or equipment.
(14)Â
Any water or waste containing fluoride in excess
of a concentration determined by multiplying 1.2 mg/l by the ratio
of the average flow of the receiving stream to the design flow of
the sewerage treatment works.
(15)Â
All dumping of concentrated plating baths is
excluded.
(16)Â
All sulphides are excluded.
(17)Â
Formaldehyde and carbide wastes are excluded.
(18)Â
Not over 5.0 mg/l of hydrogen sulphide, sulphur
dioxide, nitrous oxide or any halogens.
(19)Â
Inflammable substances with flashpoint lower
than 187° F.
(20)Â
Maximum permissible total solids: 300 mg/l.
(21)Â
Maximum dissolved solids permissible: 5,000
mg/l.
(22)Â
Suspended solids, maximum specific gravity:
2.80.
(23)Â
Antiseptic material: 1.0 mg/l maximum.
(24)Â
All paints and paint wastes.
(25)Â
Other concentrations regulated and values as
shown on the following tabulation:
Item
|
Maximum Allowed
| |
---|---|---|
Ashes, feathers and similar solids
|
Prohibited
| |
Unshredded garbage
|
Prohibited
| |
Inflammable material and petroleum derivatives
|
Prohibited
| |
Poisonous and noxious material
|
Prohibited
| |
pH
|
5.5 to 9.5 range
| |
Fat, grease, oil
|
50 mg/l maximum
| |
Temperature
|
160° F. maximum
| |
Iron
|
15 mg/l maximum
| |
Copper
|
3 mg/l maximum
| |
Cyanide
|
0.2 mg/l maximum
| |
Chromium
|
1.0 mg/l maximum
| |
Phenols
|
To 2.0 mg/l maximum
| |
Chlorine demand
|
30 mg/l maximum
| |
Color
|
100 APUH maximum
|
B.Â
Limitation of concentrations.
(1)Â
Limits for material not shown but found in Drinking
Water Standards, U.S. Public Health Standards (USPHS): not be present
in concentrations greater than four times the values called for in
Drinking Water Standards. The limiting concentrations of any other
material not listed here nor found in the reference above and suspected
to be to aquatic life shall be determined by the bioassay method.
(2)Â
The Director may require lower concentrations if one
of the above parameters is in high concentration in the waste presently
being treated at a main sewer plant or if it is the opinion of the
Director that the industrial waste is or would be detrimental to treatment
efficiency. Unless other wastewater concentrations are determined
by the Director to be more critical, the charge to industrial users
shall be multiplied by a surcharge factor for removal of allowed pollutants
in excess of the permitted concentration. The surcharge factor shall
be based upon the maximum permitted concentrations and be the greater
of the following:
[Amended 5-28-2013 by Ord. No. 2013-OR-015]
BOD5 Factor = BOD5 mg/l / 250 mg/l
| |
COD Factor = COD mg/l / 500 mg/l
| |
Suspended Solids Factor = SS mg/l / 300 mg/l*
| |
Total Solids Factor = TS mg/l / 300 mg/l
| |
Oil or Grease = Oil or Grease / 50 mg/l
| |
Example:
| |
Assume that an influent sample yielded the following
results: BOD5 = 300 mg/l, COD = 550 mg/l, SS
= 400 mg/l, TS = 425 mg/l, Grease = 51 mg/l
|
Factor Calculation
| |
BOD5 = 300 mg/l / 250
mg/l
| |
BOD5 = 1.20
| |
COD = 550 mg/l / 500 mg/l
| |
COD = 1.10
| |
SS = 400 mg/l / 300 mg/l
| |
SS = 1.33
| |
TS = 425 mg/l / 300 mg/l
| |
TS = 1.42
| |
Grease = 51 mg/l / 50 mg/l
| |
Grease = 1.02
|
Total solid (TS) factor is greater than the
BOD5, COD, SS and grease factor; therefore,
this value (1.42) will be used to determine the surcharge.
|
*
|
NOTE: In cases where suspended solids, in the
opinion of the Director, do not represent the true characteristics
of the solids loading, the Township preserves the right to use total
solids instead of suspended solids.
|
A.Â
Violation notice. Where the Director shall determine
that there is a suspected violation of the provisions of this article
by any permittee, he shall have the right to immediately suspend the
permit issued pursuant to this application, with a notice of suspension,
which notice shall include the reason for the suspension. Said notice
of suspension shall, in addition, provide for a hearing to be held
before the Director within 10 days from the date of the suspension.
At said hearing, the permittee shall have the right to be represented
by counsel and to produce evidence which in the mind of the permittee
is sufficient to show that there is not a violation of the article.
At said hearing the Director may call upon any of the Township's professional
staff for assistance and technical advice. At the conclusion of this
hearing, the Director shall issue findings of fact and conclusions
of law on the issue present and shall, if he feels that there is still
a violation of the article provisions, continue the suspension until
such time as corrective action as called for within the findings of
facts and conclusions has been properly made and inspected. Any decision
by the Director shall be appealable to the Mayor of the Township of
Burlington within three days from the issuance of the findings of
fact and conclusions of law, which shall be issued by the Director
within seven days from the date of the hearing called for above. The
hearing before the Mayor shall be on the record produced before the
Director, but the Mayor shall have the right to reverse or modify
or uphold the Director's decision. Any such determination by the Mayor
shall be in writing. In reaching his conclusion, the Mayor may assign
the appeal to a hearing officer of his selection whose report shall
be prepared and submitted to the Mayor with a copy going to the appellant.
The Mayor may, upon receipt of said report, base his determination
on the contents of said report. In the event the Mayor assigns the
matter to a hearing officer, the time period set forth above in which
the Mayor shall have the obligation to render a decision shall be
increased from three days to 15 days. Appeals to the Mayor shall be
considered an administrative step required before the applicant shall
be permitted to apply to the courts of the State of New Jersey for
relief.
B.Â
In addition to the above, the Director shall have
the right to apply to the courts of the State of New Jersey for injunctive
relief for any alleged violation of this article which in his opinion
is detrimental to the general health, welfare and safety of the community
at large and constitutes an immediate irreparable damage situation
unless stopped.
C.Â
The Director shall also have the right to proceed
before the Municipal Court by way of complaint against an offender
under this article.
D.Â
All the remedies heretofore set forth shall be cumulative
and the use of one shall not preclude the use of others at such time
as the Director shall deem it appropriate.