[Added 3-15-1977 by Ord. No. 1097]
[Amended 5-12-2005 by Ord. No. 1934]
The wastewater sewers of the Borough of North
Arlington shall be used to carry fluid refuse from kitchen or slop
sinks, bath or laundry tubs, urinals, or other like sources and the
waste from closets for human excrement
[Amended 5-12-2005 by Ord. No. 1934]
No one shall throw, discharge or deposit in
or into any sewer opening or receptacle connecting with said sewer
system any garbage, offal, dead animals, vegetable parings, ashes,
cinders, rags or other articles, things or matter which are liable
to injure said sewer system, or any part thereof, or to obstruct the
flow of the sewage therein. It shall be unlawful to discharge into
any natural outlet within the municipality any wastewater or other
polluted water, except where suitable treatment has been provided
and where a NJPDES 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 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 PVSC 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 1977, 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 the PVSC for classification and
issuance of the permit by the 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 the
PVSC, except for any discharge which constitutes prohibited waste
as otherwise provided in this article 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 modification 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.
C. 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, 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 NJDEP or the USEPA.
D. 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.
A. 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 a PVSC sewer, the connection shall
be in accordance with the conditions contained in the approval of
the PVSC.
B. 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
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 the municipalities with separate systems and one for municipalities
with combined systems.)
When pretreatment standards are adopted by the
USEPA for any given class of industries, then any industry within
that class must conform to the USEPA timetable for adherence to pretreatment
requirements as well as all other applicable requirements promulgated
by the USEPA 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 the PVSC, NJDEP, USEPA 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 the PVSC:
A. Wastes that may create a fire or explosion hazard
in the sewer of a 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 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 the 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 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 NPDES
permit to discharge issued to the PVSC by the USEPA.
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/her expense and shall be maintained by him/her
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 the PVSC as
needed to determine compliance with this article. 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 of the users 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 spoils 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 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 the PVSC.
All users shall be required to comply with the
requirements 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 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 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
have been adopted, which regulations shall become effective upon filing
of certified copies in the office of the municipal clerk after the
effective dates of this article.
A. Violations of any of the provisions of this article
or any permit issued under the authority of this article may result
in the termination of the permit and/or the termination of the authority
to discharge into the system.
B. Any person violating any of the provisions of this article shall, upon conviction, be subject to the penalties provided in Chapter
1, Article
I, General Penalty. 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 provisions of
any prior ordinance are in conflict with the provisions of this article,
the provisions of this article shall control.