[HISTORY: Adopted by the Borough of Rutherford Council 3-4-1986 by Ord. No. 2431-86. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The Joint Meeting, Rutherford, East Rutherford and Carlstadt.
- The Borough of Rutherford in the County of Bergen and State of New Jersey.
- INDUSTRIAL WASTE
- The liquid wastes from industrial processes, as distinct from domestic or sanitary waste.
- MAJOR CONTRIBUTING INDUSTRY
- A person whose industrial waste output has:
- A. A flow of 5,000 gallons or more per average workday;
- B. In it a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of the Federal Water Pollution Control Act and amendments thereto; or
- C. Significant impact, either singly or in combination with other contributing industries, on the treatment works or the quality of its effluent.
- Any person which has been issued a permit for discharge of industrial waste.
- Any individual, firm, company, association, society, corporation, group or owner.
Any person desiring to deposit or discharge or who is now discharging any industrial waste into the sewage collection system of the borough or Agent shall make application to the Agent for a permit to discharge said industrial waste. Such application shall be in a form prescribed by the Agent and shall include the following:
Number of persons employed.
Daily hours of plant operation.
Description of processes using water.
List of chemicals used with their CAS number.
Source, volume and rate of wastewater discharge.
Required signatures. An application submitted by a corporation must be signed by the principal executive officer of the corporation or by an official of the rank of corporate vice president or above who reports directly to such principal executive officer to make such applications on behalf of the corporation. In the case of a partnership or a sole proprietorship, the application must be signed by a general partner or proprietor.
Any additional information required by the borough or its agent.
Notwithstanding the provisions of this section, all persons presently discharging industrial waste into the Agent's sewage collection system shall have 30 days from the effective date of this chapter to comply with the provisions of this chapter.
Issuing of permit. If all requirements of this chapter have been met, the Agent shall issue a permit for the discharge into the Agent's sewage collection system of the waste described in the application submitted for said permit. Permits shall be issued for a specified time period not to exceed two years and renewed upon reapplication of the permittee, at least 60 days prior to the expiration of said permit.
Revocation of permits and disconnection.
If the discharge of industrial waste into the Agent's sewage collection system has been altered, reconstituted or in any way changed from that which was discharged into the Agent's sewage collection system at the time the Agent's permit was issued so that it violates any provision of this chapter or otherwise violates any provisions of this chapter, and the Agent shall have notified the permittee in writing of such violation, and if the permittee fails to comply with the permit conditions, or does not cease to discharge into the Agent's system within 24 hours, the permittee's permit shall be revoked, and the Agent may disconnect or plug the connection whereby the permittee's industrial waste enters the Agent's sewage collection system, and service shall be restored only at the permittee's expense and only when said permit has been reissued by the Agent.
Notwithstanding anything herein to the contrary, in the event that the permittee shall discharge or permit the discharge into the Agent's sewage collection system of any substance which may create a present and immediate hazard to the public health, safety or welfare or to the sewage collection system of the Agent, the Agent may immediately disconnect or plug the connection whereby said substance is entering the sewage collection system.
In the event that a connection to the Agent's sewage collection system serves users other than a permittee, the permittee shall provide a means whereby the permittee's sewer service can be disconnected or plugged without interfering with service to other users.
The borough, its Agent and state and federal representatives shall have access to enter all properties of the contributory industry for the purpose of inspections, observation, measurement, sampling and testing.
Industrial waste may be discharged into the Agent's sewage collection system only after a permit has been issued, pursuant to § 93-2 of this chapter.
No waste shall be permitted to be discharged into the Agent's sewage system which contains either suspended solids, biochemical oxygen demand or chemical oxygen demand greater than normal domestic sewage. The effluent limitation for the parameters are:
Waste containing an unduly high concentration of substances or characteristics which will interfere with the normal operation of the sewage treatment plant of the Agent is prohibited, and the discharge of the same into the sewage collection system shall be grounds for revocation of the permit described in § 93-2 of this chapter.
The concentration of these substances shall be determined by analysis of the inflow into the Agent's sanitary system and shall not exceed the following requirements:
Surface-active agents or synthetic detergents shall be of an approved type, with a high degree of biodegradability.
Any waste having a pH lower than 6.0 or higher than 9.0 shall not be allowed.
Temperature shall not exceed 150º F.
Testing. Any analysis to determine the sewage strength as required under this chapter shall be performed by a certified laboratory approved by the Agent and/or New Jersey Department of Environmental Protection and shall be performed at the expense of the discharger. All such tests shall be performed in compliance with the Standard Methods for the Examination of Water and Wastewater, current edition. In the case of a major contributing industry, in addition to the analysis required under § 93-2A(1)(g) hereof, analyses, based on samples collected within 30 days of the date of submission, shall be submitted on a semiannual basis each May 31 and November 30. Said semiannual analyses shall be for those parameters required by the Federal Environmental Protection Agency or the New Jersey Department of Environmental Protection. The Agent may require additional tests to determine if the permittee is complying with the limitations of the permit issued by the Agent. The Agent reserves the right to perform additional testing at its own expense when the Agent deems it necessary.
The discharge of the following waste into the sewage collection system of the Agent is prohibited and shall be grounds for revocation of the permit and/or disconnection from the Agent's sewage collection system pursuant to § 93-2:
Gasoline, benzene, toluene, xylene, naphtha, fuel oil or mineral oil or other flammable or explosive liquid, solid or gas.
Garbage, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, manure, hair and fleshings, entrails, paint residues, cannery waste, bulk solids, paper mill wastes or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system.
Any noxious or malodorous gas or substances which, either singly or by interaction with other wastes, is capable of creating a hazard or menace to life or property or of preventing entry into the sewers for their maintenance and repair.
Any radioactive isotopes.
Any wastes containing viable pathogenic bacteria other than those normal to domestic sewage.
Concentrated dye wastes, spent tanning solutions or other wastes which are highly colored and which color cannot be removed by the Agent's sewage treatment plant.
Any waste containing grease or oil that will solidify or become viscous at temperatures between 32º and 150º F.
Surface or rain water, cooling water and water from roof or cellar drains, groundwater or unpolluted industrial or unpolluted commercial process water.
Any waste which, in the opinion of the Agent, is harmful to any portion of the sewerage system or to its operating personnel or the general public.
Any water or waste which, in the opinion of the Agent, contains any toxic substances in quantity sufficient to constitute a hazard to humans or animals or to interfere with the process of the sewage treatment plant whereby the discharge from the same will exceed state, federal or other legal requirements for the receiving stream.
Any waste as defined in 40 CFR 128.131 of the Federal Register.
Where the average daily flow of any individual permittee is greater than 1% of the average daily flow of the entire sanitary system of the Agent, as a condition to the granting of a permit, holding facilities may be required to be constructed on the premises of the permittee by, and at the expense of, the permittee, which shall control the quantity and rates of discharge so that the rate will be constant over a twenty-four-hour period for each day of the week.
Any person who shall be permitted to discharge industrial wastes into the sanitary sewer system shall construct and thereafter shall properly maintain, at his own expense, a suitable control manhole to facilitate observation, measurement and sampling when, in the opinion of the Agent, such manhole is necessary to properly observe, measure and sample the output of that particular permittee. Any such control manhole shall be constructed at an accessible, safe, suitable and satisfactory location in accordance with plans approved by the Agent prior to commencement of construction. Failure to install such a manhole may result in the rejection of or revocation of the permit pursuant to § 93-2 of this chapter. Manholes shall be constructed on each service sewer individually connected to sewage collection system.
Whenever necessary in order to comply with local, county, regional, state and/or federal regulations, including Section 307 of the Federal Water Pollution Control Act and amendments thereto, a permittee shall provide, at its expense, such facilities for pretreatment and handling of industrial waste as is necessary to remove or neutralize objectionable substances before said waste is discharged into the sewage collection system of the Agent.
Whenever facilities for treatment of industrial wastes are provided by the permittee before discharge into the Agent's sewage collection system, such facilities shall be maintained continuously, at the expense of the permittee, in satisfactory operating condition; and borough, state and federal representatives shall have access to such treatment facilities and records regarding the same at reasonable times for the purpose of inspecting, testing, observation and measurement.
The Agent, as a condition of granting a permit or renewal of the same, may require the permittee to install, operate and maintain automatic monitoring and recording equipment for such parameters as flow, pH and temperature.
All major contributing industries, and other industries deemed necessary by the Agent, shall file periodic and other reports with the Agent as required under the Federal Water Pollution Control Act and amendments thereto. This information will be a requirement for issuance and continuation of any permit issued by the Agent for connection with the Agent's sanitary sewer system.
The permit issued under this chapter is issued to a specific user for a specific operation. The permit shall not be assigned, transferred or sold to a new owner, new user, different premises or a new or changed operation.
Notification of discharge. Permittees shall notify the Agent immediately upon accidentally discharging waste in violation of this chapter and/or the permit issued for such discharge to enable countermeasures to be taken by the Agent to minimize damage to the borough sewage treatment facilities, treatment processes and the receiving waters. This notification shall be followed within 15 days of the date of the occurrence by a detailed written statement describing the causes of the accidental discharge and the measures taken to prevent future occurrences.
Notice to employees. In order that employees of the users be informed of the Agent's requirements, users shall make available to their employees copies of this chapter, together with such other wastewater information and notices which may be furnished by the Agent from time to time directed to more effective water pollution control. A notice shall be furnished and permanently posted on the permittee's bulletin board advising employees whom to call in case of an accidental discharge in violation of this chapter and/or the permit issued hereunder.
Submission of time schedules. When the Agent finds that a discharge of wastewater has taken place in violation of prohibitions or limitations prescribed by this chapter and/or the permit issued hereunder, the Agent may require the permittee to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions which the permittee shall take in order to prevent or correct a violation of requirements.
The disposal into the sewer system of any pollutant by any person is unlawful, except in compliance with federal standards promulgated pursuant to the Federal Water Pollution Control Act and amendments thereto and any more stringent state and local standards.
Any person who violates any provision of this chapter shall be fined as follows:
If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the regulations or the application of such provisions to other persons or other circumstances shall not be affected.
Applicants shall pay the following fees:
Major contributing industries: an application fee in the amount of $1,000, plus a fee in the amount of $500 for each year of the permit.
All others: an application fee of $500, plus a fee in the amount of $250 for each year of the permit.
All applicants shall reimburse the Agent for any reasonable fee paid by the Agent for professional review of applications by the Agent's Engineer or Attorney.
The above fees shall be paid to the Agent upon receipt of the permit.
All other ordinances and parts of ordinances and resolutions, insofar as they are inconsistent with any of the terms or provisions of this chapter, are hereby repealed to the extent of such inconsistency only.
This chapter shall take effect following final passage, adoption and publication on the earliest date allowable by law.