[Adopted 1-18-1977 by Ord. No. 1899 (Ch. 197, Art. I, of the 1978 Code)]
Whenever used in this article, the following terms shall have the following meanings:
FLOATABLE OIL
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.
GREASE-PRODUCING ESTABLISHMENT
Any commercial establishment which is capable of discharging wastes with oil or grease.
[Added 9-17-2002 by Ord. No. 2754]
INDUSTRIAL COST RECOVERY
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.
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.
INDUSTRIAL WASTES
The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
MAJOR INDUSTRY
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.
NATURAL OUTLET
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.
NJDEP
New Jersey Department of Environmental Protection.
NPDES
National Pollution Discharge Elimination System.
PERSON
Any individual, firm, company, society, association, corporation (public or private) or group.
pH
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.
PRETREATMENT
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.
PUBLIC SEWER
A common sewer controlled by a governmental agency, public utility or the municipality.
PVSC
Passaic Valley Sewerage Commissioners.
SANITARY SEWER
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.
SANITARY WASTE
Waste derived principally from dwellings, office buildings and sanitary conveniences, and, when segregated from industrial wastes, may come from industrial plants or commercial enterprises.
SEWAGE
The spent water of a community. The preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
SLUG
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.
STORM DRAIN (sometimes called STORM SEWER)
A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
STRENGTH OF WASTE
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.
SUSPENDED SOLIDS
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.
TOXIC WASTES IN TOXIC AMOUNTS
As defined by USEPA in 40 CFR 129 (38 F.R. 24342, 9-7-73) and any superseding revisions.
UNPOLLUTED WATER
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.
USEPA
United States Environmental Protection Agency.
USER CHARGE
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; 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.
WASTEWATER
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.
WASTEWATER FACILITIES
The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
WASTEWATER TREATMENT WORKS
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.
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 April 1, 1977, whether the connection be for industrial waste or stormwater. In the case of a sanitary application for dwellings, groups of dwellings or industrial or commercial establishments with only sanitary waste, the application 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 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. In the case of industrial applications, the application shall be made by the industry that generates the waste; however, the application must be signed by the owner of the property whereon the industry is located as well.
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 discharge 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 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 any 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.
(1) 
The permit is denied and the discharge of prohibited materials must be halted or modified by a date established by the PVSC in the permit denial.
Any industry aggrieved by a permit classification by the PVSC shall have the 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.
[Amended 6-18-2024 by Ord. No. 3553]
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 PVSC for 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. 
Each property owner shall maintain and be responsible for the proper upkeep, repair and/or replacement of the sewer lateral from the municipal sewer main to the building. All work to the sewer lateral within the Township ROW shall be approved by the Township of Nutley Department of Public Works. All work to the sewer line located within the property borders shall be performed by a master plumber in accordance with all applicable rules and regulations set forth by the Nutley Code Enforcement Department and Plumbing Code.
C. 
In the event of a blockage within the sewer lateral, the property owner shall either immediately perform the cleaning or retain a private contractor, at its sole cost and expense, to clean the sewer lateral.
D. 
The property owner shall maintain clear access to all cleanouts which shall be free of any obstructions such as trees, shrubs, landscaping or other objects.
E. 
No road shall be opened for a sewer, gas, water or any underground utility connection until after the expiration of five years from the last date the Township paved the roadway. In addition to the charges referenced in this article, the owner/contractor performing a new and/or renewal sewer service shall be charged a fee of $500 to open the road.
F. 
The contractor performing the roadway opening is responsible for closing the road and applying appropriate asphalt or concrete upon completion of the work. The contractor shall pave the roadway from the centerline thence five feet in either direction of the trench to the curb line. All backfill shall be completed with quarry process or crushed stone compacted every two feet in depth with appropriate compacting equipment. The contractor shall post with the Township a performance and maintenance bond totaling $5,000 which shall be refunded to the contractor one year after completion of the work, provided that no maintenance and/or repairs were required to the site.
G. 
The owner, contractor, or plumber performing work within the Township roadway shall be responsible for all costs, including but not limited to: traffic control, safety precautions, barricades, warning lights, steel plates and other necessary means to prevent accidents and maintain safe roadway condition and travel.
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.
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 its 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 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 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 milligram 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 five to nine.
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 of 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 implement 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 the said written certification shall be filed in the office of the Municipal Clerk.
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 filing of certified copies in the office of the Municipal Clerk after the effective date of this article.
[Added 9-17-2002 by Ord. No. 2754]
Grease, oil and sand interceptors shall be provided by a grease-producing establishment when necessary, in the opinion of the Health Officer or designee, for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such grease trap shall not be required for private dwellings. All of the interceptors shall be located so that they are readily and easily accessible for cleaning and inspection. The interceptors shall be continuously maintained in order to provide satisfactory and effective operation by the owner of the grease-producing establishment at the owner's expense. There shall be no bypass of the grease trap facilities which would allow the entry of untreated or partially treated wastes to the public sewer system. A construction permit shall be obtained prior to the installation of an interceptor. All interceptors shall be of the type and capacity approved by the plumbing subcode official, with proper installation certified by the plumbing subcode official. If the owner fails to provide a required interceptor or fails to regularly clean an interceptor, the general penalty provisions of the Township's Code shall apply.
Any person violating any of the provisions of this article shall, upon conviction, be subject to a fine not to exceed $500 and/or imprisonment not to exceed 90 days. Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.