[Adopted 2-7-1978 by Ord. No. 1642 (Ch.
210, Art. I, of the 1979 Code)]
Whenever used in this article, the following
terms shall have the following meanings:
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.
A charge to industrial users based on their 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.
Any nongovernmental user of PVSC facilities identified in
the Standard Industrial Classification Manual 1972, as amended and
supplemented, under Division A, B, D, E or I. A user may be excluded
if it is determined that it introduces primarily segregated sanitary
wastes.
The liquid waste from an industrial process, as distinct
from sanitary waste. All wastes, except stormwaters and sanitary wastes.
An industrial user of PVSC facilities that has a flow of
50,000 gallons or more per average workday, or 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.
New Jersey Department of Environmental Protection.
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.
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, and when segregated from industrial wastes,
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 flows 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.
Total 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.
Shall be defined by USEPA in 40 CFR 129 (38 F.R. 24342, 9-7-1973)
and any superseding revisions.
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
sewers and wastewater treatment facilities provided.
United States Environmental Protection Agency.
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, and the
second part 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 waters
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.
Application for sanitary connections for dwellings,
groups of dwellings or industrial or commercial establishments with
only sanitary waste shall be made directly to the municipality. A
fee shall be paid to the municipality to process the application,
as otherwise provided by ordinance 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 its action.
A.
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 March 15, 1978,
whether the connection is for industrial waste or stormwater. Applications
for future connections must be made and approved before a certificate
of occupancy may be issued. The application shall be made to the municipality
by the industry that generates the waste; however, the application
must be signed by the owner of the property whereon the industry is
located. After approval of the application by the municipality, the
application shall be forwarded to PVSC for classification and issuance
of the permit by PVSC.
B.
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 this article or unless notified by 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.
Industrial users shall be classified by 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, 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 PVSC upon written notification from 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 PVSC to the
industry of its decision. The notice of appeal shall be delivered
personally to the offices of 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.
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 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 home by the applicant,
and the applicant shall indemnify the municipality or 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 of 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
survey form which will be supplied by 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 PVSC.
No uncontaminated water shall be discharged
into the PVSC system except with the prior written consent of the
municipality (and 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 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 this article. The access shall be made available to
the employees of PVSC, New Jersey Department of Environmental Protection,
United States Environmental Protection 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 this article.
The following wastes are prohibited and may
never be discharged into wastewater facilities of the municipality
and PVSC:
A.
Wastes that may create a fire or explosion hazard
in the sewer or wastewater facility, such as gasoline, fuel off, 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
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 150°F (65°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 PVSC.
E.
Any discharge quantities of flow or concentration
which shall constitute a slug.
F.
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 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, 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 this article shall be
required to provide information to the municipality and PVSC as needed
to determine compliance with this article. 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 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 losses
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
this article 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 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 charges 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 charges 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 the said written certification
shall be filed in the office of the Municipal Clerk.
[Amended 2-6-1996 by Ord. No. 2190; 7-12-2016 by Ord. No. 2746; 10-25-2022 by Ord. No. 2952]
A.
Before any portion of the building drain outside of the building
is connected to the building connection, the owner shall prove to
the satisfaction of the City Plumbing Inspector that it is clean and
conforms in every respect to the Uniform Construction Code, and before
any portion of the building connection is connected to the building
sewer lateral, the Plumbing Inspector shall be satisfied that the
building connection is in good order and conforms in every respect
to the Uniform Construction Code.
B.
Maintenance of the public sewer and sewer laterals between the main
and the curb shall be performed by the City's Department of Public
Works or by a contractor selected by the City as a result of open
competitive bidding or under the supervision of such other person
or department of the City as may hereafter be designated by the Mayor
and Council. Said contractor shall be governed by the terms of the
ordinances of the City relating to sewer installation and maintenance
and shall comply with plans and specifications of the Sewer Department
on file with the City Clerk.
C.
Where there are no existing lateral connections and the installation
of a new sewer lateral connection is required, it shall be the sole
responsibility of the property owner to install the sewer lateral
connection, at the property owner's cost and at no expense to the
City of Garfield. The newly installed lateral connection must run
from the building to the main line connection in the roadway.
D.
Where an existing sewer lateral must be replaced due to the construction
of a new building or the renovation, remodeling or addition to an
existing structure that is greater than 50% of the building's assessed
value, it shall be the responsibility of the property owner to install
the sewer lateral connection, at the property owner's cost and at
no expense to the City of Garfield. The newly installed lateral connection
must run from the building to the main line connection in the roadway.
E.
Where connection is made between the building drain outside of the
building and the building connection, a long radius bend shall be
appropriately installed at this connection along with a cleanout as
required by the Uniform Construction Code. If no cleanout exists,
the property owner shall be responsible for the installation and all
costs associated therewith. This connection shall be subject to the
approval of the Plumbing Inspector, who shall be given ample notice
prior to such work.
F.
Each contractor or other person performing work may be required to
post a bond or cash acceptable to the Mayor and Council or such other
official or department of the City as may hereafter be designated
by the Mayor and Council. All work shall be adequately guarded with
barricades, lights and other measures for protection of the public
from hazard. Streets, sidewalks, parkways, curbs and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Borough.
G.
The Plumbing Inspector may apply any appropriate test as defined
in the Uniform Construction Code to the plumbing, and the plumber
and contractor, at his own expense, shall furnish all necessary tools,
labor, materials and assistance for such tests and shall remove or
repair any defective materials when so ordered by the Inspector.
H.
Each contractor or other person performing work on private property
for the purpose of connecting from the curb or street line onto private
property shall be governed by the terms of the ordinances of the City,
the Uniform Construction Code and of the Board of Health
I.
Installation and backfilling.
(1)
Where there is no building sewer lateral available, the property
owner or developer of the property shall, prior to the issuance of
a building permit, apply to the City Clerk for a sewer lateral permit
and a street opening permit, if necessary. The charge for this sewer
connection permit is $100.
(2)
When installing the building connection, the trenches shall be dug
in a careful manner and properly sheathed where required. The excavated
materials shall be piled in a compact heap, so placed as to cause
the least possible inconvenience to the public. Proper barricades
and lights must be maintained around the trench to guard against accidents.
Extreme care shall be taken to prevent any dirt, stones or other undesirable
material from entering the public sewer system through the building
sewer lateral during these operations.
(3)
In backfilling, the material for the two feet immediately over the
pipe shall be selected so it contains no stones. All backfill material
for the trench shall be placed by tamping in eight-inch layers so
as to avoid any settlement. When the trench has been filled to the
proper height, the surface material shall be replaced and heavily
tamped and rolled.
(4)
Where the trench is excavated in rock, the rock must be carefully
excavated to a depth of six inches below the grade line of the sewer
and the trench brought to the proper elevation with gravel or other
material satisfactory to the Plumbing Inspector. The remainder of
the trench must be backfilled with suitable material.
(5)
Nothing in this subsection shall be construed as abrogating any of
the existing requirements of the Borough relating to the excavation
and backfilling of trenches, but the requirements herein contained
shall be in addition thereto.
(6)
Where subsoil conditions are bad, such special precaution must be
taken to secure a watertight job as may be directed by the Plumbing
Inspector.
J.
Tampering; cost of repair.
(1)
No person shall intentionally break, damage, destroy, uncover, deface
or tamper with any structure, appurtenance or equipment that is part
of the wastewater facilities.
(2)
The property owner is also responsible for maintenance and/or repairs
of all blockages that exist within the property owner's home. In the
event that the Department of Public Works or other City agency incurs
costs or expenses, including overtime costs, checking, repairing or
otherwise addressing blockages which are ultimately determined to
be inside the property owner's residence or property, the cost for
said expense, including overtime costs, may be charged to the property
owner.
(a)
The determination to charge the cost pursuant to this subsection
shall be within the sound discretion of the Superintendent of the
Department of Public Works;
(b)
The amount to be charged to the property owner shall be determined
based upon the actual cost incurred by the City, and the Superintendent
of the Department of Public Works shall be required to prepare a certification
of this cost and submit the same to the property owner within 30 days
from the date that the cost is incurred;
(c)
The amount charged shall be paid by the property owner within
15 days of the date of receipt of the statement from the Superintendent
of the Department of Public Works. If the charge remains unpaid for
a period of 30 days, the Superintendent shall immediately transmit
a copy of the same to the office of the Tax Collector, who shall enter
the Superintendent of Department of Public Works certification as
a lien on the subject property.
The governing body shall appoint or designate
some suitable person to administer this article.
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
be adopted, which regulations shall become effective upon the filing
of certified copies in the office of the Municipal Clerk after the
effective date of this article.
Violations of any of the provisions of this
article or any permit issued under the authority thereof may result
in the termination of the permit and/or the termination of the authority
to discharge into the system.
[Amended 4-25-2006 by Ord. No. 2457]
Any person violating any of the provisions of
this article shall, upon conviction, be punished by one or more of
the following: a fine not exceeding $2,000; imprisonment for a term
not exceeding 90 days; and/or a period of community service not exceeding
90 days. Each and every day in which a violation of any provision
of this article exists shall constitute a separate violation.
No ordinance heretofore adopted by the municipality
shall be affected by this article, except that if any provision of
any prior ordinance is in conflict with the provisions of this article,
the provisions of this article shall control.
