Unless the context specifically indicates otherwise,
the following terms shall have the following meanings:
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 of the town designated by
the town to administer this Article or his/her authorized representatives.
APPROVED TEST PROCEDURE
All analysis shall be performed in accordance with the analytical
test procedures approved under 40 CFR 136. Analysis for those pollutants
not covered therein shall be performed in accordance with procedures
approved by NJDEP.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
A principal executive officer of at least the
level of vice president, if the industrial user is a corporation.
(2)
A general partner or proprietor, if the industrial
user is a partnership or proprietorship, respectively.
(3)
A duly authorized representative of the individual designated under Subsection
(1) or
(2) of this definition, if such representative is responsible for the overall operation of the regulated facility (such as a position of plant manager, superintendent or person of equivalent responsibility).
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter for five days at 20° C. expressed in terms of
concentration, i.e., milligrams per liter (mg/l), in accordance with
standard test methods.
CATEGORICAL INDUSTRIAL USER
An industrial user subject to categorical standards in accordance
with the EPA General Pretreatment Standards (40 CFR 403).
CATEGORICAL STANDARDS
Pretreatment standards as codified in 40 CFR, Chapter I,
Subchapter N, specifying quantities or concentrations of pollutants
or pollutant properties which may be discharged or introduced to a
POTW by existing or new industrial users in specific industrial subcategories.
CHEMICAL OXYGEN DEMAND (COD)
A measure of the oxygen-consuming capacity of inorganic and
organic matter present in water or wastewater expressed as the amount
of oxygen consumed from a chemical oxidant in accordance with an approved
test procedure.
COMMISSIONER
The Commission of the New Jersey Department of Environmental
Protection (NJDEP) or his/her authorized representative.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH, fecal coliform
bacteria and such additional pollutants as are (or may in the future
be) specified and controlled in the town's NJDES permit, where the
POTW is designed to treat such pollutants and, in fact, does treat
such pollutants to the degree required by the NJDES permit.
COMPOSITE SAMPLE
A sample consisting of several aliquots collected during
a specified time period and combined to make a representative sample.
CONDITIONALLY EXEMPT USER
Any participant that conducts a dry operational process,
thereby discharging only domestic wastewater into the sewer system,
which, however, by means of in-house procedures, has the potential
to discharge wastewater material of a quantity which would impact
on the treatment works.
CONSISTENT REMOVAL
A 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 to a harmless state, as measured according to the
procedures set forth in 40 CFR 403.7 of the General Pretreatment Regulations
for Existing and New Sources of Pollution.
COOLING WATER
Any water used for the purpose of carrying away excess heat
and which may contain biocides used to control biological growth or
other additives to protect the system against corrosion, scaling or
other additives.
DISCHARGE
The releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of a waste material into the waters of the state
or onto the land or into wells which might flow or drain into said
waters, and shall include the release of any pollutant or waste stream
into a municipal treatment works.
DOMESTIC WASTEWATER
The liquid-borne waste discharged from residential units,
normally resulting from the noncommercial preparation, cooking and
handling of food and wastes from sanitary conveniences.
EMERGENCY
A situation which, in the opinion of the approval authority
or his/her authorized representative, may cause interference and/or
pass through or damage to the POTW or present a health hazard to personnel,
the general public or the environment.
EPA
The United States Environmental Protection Agency.
EXEMPT FACILITY
Any municipality that conducts a dry operational process
and has no potential to discharge nondomestic wastewater.
GARBAGE
Solid waste from the domestic and commercial preparation,
cooking, dispensing, handling, storage and/or sale of food.
GRAB SAMPLE
A sample taken from a waste stream on a one-time basis without
regard to flow or time.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
INDUSTRIAL DISCHARGE PERMIT
A permit duly issued by the approval authority or participants if the program is delegated pursuant to §
183-27, to any industrial user in accordance with this Article. Such permit may establish discharge limitations, monitoring and reporting obligations and other requirements that are more or less stringent than this Article.
INDUSTRIAL PROCESS WASTEWATER
The liquid waste or liquid-borne waste resulting from the
processes employed by any person identified in the Standard Industrial
Classification Manual, 1972, Office of Management and Budget, as amended
and supplemented under one of the following divisions:
(1)
Division A. Agriculture, Forestry and Fishing.
(3)
Division D. Manufacturing.
(4)
Division E. Transportation, Communications,
Electric, Gas and Sanitary Services.
INDUSTRIAL USER[Amended 3-2-1994 by Ord. No.
1994-04]
Any user which discharges nondomestic wastewater in a quantity
or quality which is determined to have a potential for adversely impacting
the Township's sewer system. Industrial users are further classified
according to the degree of potential as:
(1)
CLASS 1 USER:
(a)
Any user in the state including but not limited
to any significant industrial user as defined in 40 CFR 403.3(t),
but excluding municipal collection systems, who discharges wastewater
into a local agency where:
[Amended 2-6-2002 by Ord. No. 2002-3]
[1]
The user is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter
1, Subchapter N;
[2]
The user's average volume of process wastewater
exceeds 25,000 gallons per day;
[3]
The amount of BOD, COD, or suspended solids
in the industrial process wastewater discharge exceeds the mass equivalent
of 25,000 gallons per day of the domestic waste of the affected local
agency;
[4]
The volume of industrial process wastewater
in the discharge exceeds five percent or more of the average daily
dry weather flow of the local agency;
[5]
The user's discharge of process wastewater contributes
five percent or more of the daily mass loading of any of the pollutants
listed in N.J.A.C. 7:14A-4, Appendix A, Tables II through V;
[6]
The user is designated as an SIU by the control
authority on the basis that the user has a reasonable potential for
adversely affecting the local agency's operation;
[7]
The user is designated as an SIU by the control
authority on the basis that the user has been in violation of any
federal, state or local pretreatment standard or requirement, including,
but not limited to, significant noncompliance as defined in 40 CFR
403.8(f)(2)(viii); or
[8]
The control authority determines it would be
consistent with the intent of the Pretreatment Act or State Act to
require a permit for the indirect user; and
[9]
Any user in areas of the state in which the
Department is the control authority where:
[a]
The user is determined to be a hazardous waste
facility that received a permit in accordance with N.J.A.C. 7:26G-12;
[b]
The user's discharge consists of 25,000 gallons
per day or more of process wastewater and/or polluted ground water
which is pumped from the ground in order to decontaminate an aquifer;
however
(b)
Upon finding that any user in the state has no reasonable potential for adversely affecting the local agency's operation or for violating any federal, state or local pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from a user or a local agency, and in accordance with 40 CFR 403.8(f)(6), determine that any user specified in Subsection
(1)(a) above, unless the user is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter
1, Subchapter N, is not a significant indirect user.
(2)
CLASS 2 USERAny user that discharges nondomestic wastewater into the sewer system in amounts that, on a routine basis, have an insignificant impact on the treatment system but which may have the potential to impact the collection or treatment system or violate the prohibited discharge limitations in the Township's Industrial Pretreatment Ordinance. This class also includes any user which presents the potential to cause sewer obstructions, slug loads or chemical spills.
(3)
CLASS 3 USERSAny user which has a very small potential to impact the treatment system through the discharge of oil and grease, storage of chemicals, etc., or is otherwise considered to have a minor impact on the treatment system. These users will be checked periodically to determine if there has been any significant change in the quantity or quality of their discharge.
INTERFERENCE
(1)
Inhibiting or disrupting the operation of a
POTW or its treatment process so as to contribute to, cause or increase
a violation of any condition of a state or federal permit under which
the POTW operates;
(2)
Discharging industrial process wastewater which,
in combination with existing domestic flows, is of such volume or
strength as to exceed either the industrial user's permit conditions,
the concentrations set forth in Table 1, the requirements approved by the approval authority or
the Sewer Use Ordinance of the participant where the discharge is
located or any combination of the foregoing; or
(3)
Preventing the approved use or disposal of sludge
produced by the POTW in accordance with Section 405 of the Act and
regulations, 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.), the Federal Toxic Substances Control Act (15 U.S.C. § 2601
et seq.), Sections 2, 4 and 6 of the State Act and, to the extent
practicable, the New Jersey Guidelines for the Utilization and Disposal
of Municipal and Industrial Sludges and Septage.
MAJOR INDUSTRIAL USER
Any industrial user:
(1)
Discharging industrial process wastewater where
the discharger is subject to Categorical Pretreatment Standards.
(2)
That discharges an average of 25,000 gallons
per day or more of process wastewater (excluding sanitary, noncontact
cooling and boiler blowdown wastewaters) to the POTW or that contributes
a process waste stream which makes up 5% or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant;
or
(3)
That is designated as such by the approval authority
on the basis that the industrial user has a reasonable potential for
adversely affecting the POTW's operation or for violating any pretreatment
standard or requirement.
NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES)
The New Jersey system for the issuing, modifying, suspending,
revoking, reissuing, terminating, monitoring and enforcing of discharge
permits pursuant to the State Act. The term also includes discharge
permits (NJPDES) issued pursuant to Section 402 of the Clean Water
Act of 1977 (33 U.S.C. § 1251 et seq.).
NJDEP
The New Jersey Department of Environmental Protection.
NONDOMESTIC
Wastewater of a quantity or quality which would have an impact
on the treatment works.
PARTICIPANT
All the municipalities, local sewerage authorities, companies
or customers that sign a service agreement that provides for the treatment
of sewerage by the town's treatment works.
PERMITTED INDUSTRIAL USER
Any participant who discharges nondomestic wastewater into
the sewer system which is regulated by means of an industrial pretreatment
permit.
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
therefor.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions in moles 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; and a "pH" equal to seven is
considered neutral. Analysis shall be performed in accordance with
an approved test procedure.
POLLUTANT
Any dredged spoil, solid waste, holding tank 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 wastes or other substances discharged
directly or indirectly into the waters of the state, the introduction
of which renders these waters detrimental or immediately or potentially
dangerous to the public health or unfit for public or commercial use.
PRETREATMENT
The application of physical, chemical and/or biological processes,
except by dilution, to reduce the amount of pollutants in or alter
the nature of the polluting properties of 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 nonconflicting state or
local standards. In cases of conflicting standards or regulations,
the more stringent shall apply.
REGIONAL ADMINISTRATOR
The Regional Administrator for Region II of the United States
Environmental Protection Agency or his/her authorized representative.
SIGNIFICANT VIOLATION
(1)
Chronic violations of wastewater discharge limits,
defined as those in which 66% or more of all of the measurements taken
during a six-month period exceed (by any magnitude) the daily maximum
limit or the average limit for the same pollutant parameter.
(2)
Technical review criteria (TRC) violations,
defined as those in which 33% or more of all the measurements for
each pollutant parameter taken during a six-month period equal or
exceed the product of the daily average maximum limit or the average
limit times the applicable TRC (TRC-1.4 for BOD, TSS, fats, oil and
grease and 1.2 for all other pollutants except pH);
(3)
Any other violation of a pretreatment effluent
limit (daily maximum or longer-term average) that the approval authority
determines has caused, along or in combination with other discharges,
interference or pass through, including endangering the health of
POTW personnel or the general public;
(4)
Any discharge of a pollutant that has caused
imminent endangerment to human health, welfare or to the environment
or has resulted in the POTW's exercise of its emergency authority
to halt or prevent such a discharge;
(5)
Failure to meet, within 90 days after the scheduled
date, a compliance schedule milestone contained in the permit or enforcement
order for starting construction, completing construction or attaining
final compliance.
(6)
Failure to provide, within 30 days after the
due date, required reports, such as baseline monitoring reports, ninety-day
compliance reports and reports on compliance with compliance schedules;
(7)
Failure to accurately report noncompliance;
or
(8)
Any other violation or group of violations which
the approval authority determines will adversely affect the operation
or implementation of the local pretreatment program.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual, 1987, as revised, issued by the Executive Office of the President,
Office of Management and Budget.
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.
SUSPENDED SOLIDS
The total nonfilterable residue as defined in the Manual
of Methods for Chemical Analysis of Water and Wastes and analyzed
in accordance with an approved test procedure.
TOTAL TOXIC ORGANICS
The following compounds which encompass EPA Method Nos. 613,
624 (Parts 601-602) and 625 (Parts 604-12):
Parameter
|
EPA Method
No.
|
---|
2,3,7,8-Tetrachlorodibenzeno-p-dioxin
|
613
|
Purgeables
|
624
|
Purgeable halocarbons (includes bro- moform,
bromodichloramethane, bro- momethane, carbon tetrachloride, chlorobenzene,
chloroethane, 2-chlo- roethylvinyl ether, chloroform, chlo- romethane,
dibromochloromethane, 1,2-dichlorobenzene, 1,3-dichloroben- zene,
1,4-dichlorobenzene, dichloro- difluoromethane, 1,1-dichloroethane,
1,2-dichloroethane, 1,1-dichloro- ethene, trans-1,2-dichloroethene,
1,2-dichloropropane, cis-1,3-dichloro- propene, trans-1,2-dichloropropene,
methylene chloride, 1,1,2,2-tetra- chloroethane, tetrachloroethene,
1,1, 1-trichloroethane, 1,1,2-trichloro- ethane, trichloroethene,
trichloro- fluoromethane and vinyl chloride)
|
Part 601
|
Purgeable aromatics (includes benzene, chlorobenzene,
1,2-dichlorobenzene, 1,3-dichlorobenzene, 1,4-dichloroben- zene, ethylbenzene
and toluene)
|
Part 602
|
Base/neutral acids and pesticides
|
625
|
Phenols (includes 4-chloro-3-methyl- phenol,
2-chlorophenol, 2-4 dichloro- phenol, 2-4 dimethylphenol, 2-methyl-
4,6-dinitrophenol, 2-nitrophenol, 4-nitrophenol, pentachlorophenol,
penol and 2,4,6-trichlorophenol)
|
Part 604
|
Benzidines (includes benzidene and 3,3-dichlorobenzidene)
|
Part 605
|
Phthalate esters (includes benzyl butyl phthalate,
bis (2-ethylexyl) phthalate, di-n-butyl phthalate, di-n-octyl phthalate,
diethyl phthal- ate and dimethyl phthalate)
|
Part 606
|
Nitrosamines (includes n-nitrosodi-
methylamine, n-nitrosodiphenylamine and n-nitrosodi-n-propylamine)
|
Part 607
|
Organochlorine pesticides and PCBs (Includes
aldrin, a-BHC, b-BHC, d-BHC, g-BHC, chlordane, 4,4-DDD, 4,4-DDE, 4,4-DDT,
dieldrin, endosultan I, endo- sultan II, endosultan sulfate, endrin,
endrin aldehyde, heptachlor, heptachlor epoxide, toxaphene, PCB-1016,
PCB-1221, PCB-1232, PCB-1242, PCB-1248, PCB-1254 and PCB-1260)
|
Part 608
|
Nitroaromatic and isphorone (includes isophorone,
nitrobenzene, 2,4-dinitro- toluene and 2,6-dinitrotoluene)
|
Part 609
|
Polynuclear aromatic hydrocarbons (includes
acenaphthene, acenaphythy- lene, anthracene, benzo(a)anthracene, benzo(b)pyrene,
benzp(b)thuoranthene, benzo(g)perylene, benzo(k)fluoran- thene, chrysene,
dibenzo(a,h)anthra- cene, fluoranthene, fluorene, indeno (1,2,3,-cd)pyrene,
naphthalene, phenan- threne and pyrene)
|
Part 610
|
Haloethers (includes bis(2-chloroethyl) ether,
bis(2-chloroethoxy) methane, bis(2-chloroisopropyl)ether, 4-bromo-
phenyl phenyl ether and 4-chlorophenyl phenyl ether)
|
Part 611
|
Chlorinated hydrocarbons (includes hexachlorocyclopentadiene,
hexachloro- benzine, hexachlorobutadiene, hexa- chloroethane, 1,2-dichlorobenzene,
1,2, 4-diochlorobenzene, 1,3-dichlorobenzene, 1,4-dichlorobenzene
and 2-chloronaphtha- lene)
|
Part 612
|
TOWN
The Town of Phillipsburg, Warren County, New Jersey.
TOXIC POLLUTANT
Those pollutants or combinations of pollutants, including
disease-causing agents, which, after discharge and upon exposure,
ingestion, inhalation or assimilation into any organism, either directly
or indirectly by ingestion through food chains, may, in the basis
of information available to the Commissioner, cause death, disease,
behavioral abnormalities, cancer, genetic mutants, physiological malfunctions,
including malfunctions in reproduction, or physical deformation in
such organisms or their offspring. "Toxic pollutants" shall include
but not be limited to those pollutants designated under Section 307
of the Federal Act or Section 4 of the State Act.
TREATMENT WORKS
Any device or system, whether public or private, used in
the collection, transportation, 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; and any other works,
including sites for the treatment process or ultimate disposal of
residues resulting from such treatment.
WASTEWATER
The liquid and water-carried 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 treatment works of the town or any participant.