Chapter 557 Sewer Use

Prevent the introduction of pollutants into the Township wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.

Prevent the introduction of pollutants into the Township wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.

Improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

Provide for equitable distribution of the cost of the Township wastewater system.

To achieve the foregoing objectives, this article:

Prohibits any industrial connections after the effective date of this article.

INDUSTRIAL WASTEWATER HOLDING

Requires the pretreatment of industrial wastewater discharged by existing industrial users through existing industrial connections to the Township wastewater treatment system.

§ 557-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

COMPOSITE SAMPLING

A combination of individual samples of water or wastewater taken at selected intervals, generally hourly for some specified period, to minimize the effect of the variability of the individual sample.

CONCENTRATION

The amount of a given substance dissolved in a unit volume of solution; the process of increasing the dissolved solids per unit volume of solution, usually by evaporation of the liquid.

DISSOLVED SOLIDS

The anhydrous residues of the dissolved constituents in water or wastewater.

EFFLUENT

Wastewater or other liquid, partially or completely treated or in its natural state, flowing out of a reservoir, basin, treatment plant or industrial treatment plant or part thereof.

INDUSTRIAL CONNECTION

A connection, by piping or otherwise, to the Township sewerage system by an industry which would permit or cause the flow of any industrial wastewater into the Township sewerage system.

INDUSTRIAL USER

An industry that discharges an effluent of treated, partially treated or untreated waste in its natural state into the Township sanitary sewer system.

INDUSTRIAL WASTEWATER

Solid, liquid or gaseous substances or forms of energy ejected or escaping in the course of any industrial, manufacturing, trade or business process in the course of development, recovering or processing of natural resources but not domestic or sanitary wastes from residential dwellings, laundromats, restaurants or industrial users.

Storage of liquid wastes from industrial processes, as distinct from domestic or sanitary wastes.

INDUSTRIAL WASTEWATER TREATMENT

Treatment of liquid wastes from industrial processes, as distinct from domestic or sanitary wastes, to acceptable level prior to discharge into the Township sewer system.

MANHOLE

A shaft or chamber leading from the surface of the ground to a sewer, large enough to enable a man to gain access to the latter.

MEASURING DEVICES

A meter or similar appurtenance used to measure quantity of wastewater or other fluid flowing at a particular point.

NEW JERSEY STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION

The state agency that is responsible for the administration and control of the waters of the State of New Jersey and effluents discharged into same.

PEAK DISCHARGES

The maximum quantity that occurs over a relatively short period of time; also called "peak demand" or "peak load."

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.

SAMPLES

A portion of flow measurement to obtain an adequate portion of water or waste for analytical purposes; may be designed for taking a single sample (grab), composite sample or periodic sample.

SEWAGE (i.e., domestic wastewater/sanitary waste)

Wastewater, culinary wastes and liquid wastes containing only human excreta and similar matter flowing in or from a building drainage system or sewer originating in a dwelling, business building, factory or institution.

SEWAGE TREATMENT FACILITIES

An arrangement of devices and structures equipped for treatment and disposal of wastes.

SIGNIFICANT INDUSTRIAL USER or SIGNIFICANT INDIRECT USER (SIU)

Any user discharging wastewater where either:

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

The discharger is subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N; or

The user that discharges an average of 25,000 gpd or more of wastewater to the POTW, or that contributes a process waste stream which makes up 5% of more of the average dry weather hydraulic or organic capacity (BOD and TSS) of the POTW treatment plant discharge; or

The discharge meets any other NJDEP definition for SIU; and

SMALL FLOW COMMERCIAL USER (SFCU)

The user identified in Subsection (1), (2) or (3) above have not been specifically exempted by the DEP and Greenwich Township.

SLUG

Any discharges of water, sewage or industrial waste 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 24 hours' concentration or flow during normal operation.

Noncategorical commercial user who discharges less than 3,000 gallons of average daily flow per day.

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

Township sewerage system formerly referred to as "TSS" is now defined as sewerage system (SS) and any subsequent reference to the sewerage system as "TSS" is hereby revised accordingly as required by the context.

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

STANDARD METHOD

A standard procedure to identify or test every parameter or pollutant specified in this article in accordance with the current Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and/or test procedures described in 40 CFR 136.3 and any procedures amendatory or supplemental thereto.

TOWNSHIP

The Township of Greenwich in the County of Gloucester, State of New Jersey.

TOWNSHIP REPRESENTATIVE

The licensed treatment plant operator or the Director of Public Works or their authorized representative.

TOWNSHIP SEWERAGE SYSTEM

All facilities owned and/or operated by the Township, which are used for collecting, pumping, transporting, treating and disposing of sewage and permitted wastes.

TOXIC SUBSTANCE

Any noxious and/or deleterious substance in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance or to create any hazard in any sewerage system or in the receiving waters of a sewage treatment plant.

TSS

Defined as "total suspended solids."

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

USER

Any person who contributes, causes or permits the contribution of wastewater into the Township sewerage system.

WASTE

Something that is superfluous or rejected, something that can no longer be used for its originally intended purpose.

Acronyms. New Jersey Department of Environmental Protection's (NJDEP) and/or the United States Environmental Protection Agency's (USEPA) use of acronyms shall control and define any acronyms referenced in this chapter as determined by the context.

[Added 3-6-2006 by Ord. No. 6-2006]

§ 557-3 Existing unpermitted and new industrial connections.

[Amended 3-6-2006 by Ord. No. 6-2006; 4-2-2007 by Ord. No. 6-2007]

Within 60 calendar days after the effective date of this amendment to Chapter 557, Article I, Industrial Pretreatment, of the Greenwich Township Code or at such time when an industrial user ties into the Township's sanitary sewer system, whichever is later, the industrial users shall apply for an industrial/commercial discharge permit. Such application shall be made by completing and submitting to the Township a sewer connection permit application. The terms of such permit may be modified after issuance and a reasonable time provided for compliance with such modified terms. Violations of the terms of such permits are violations of this article.

New industrial users may not connect to the sanitary sewer system of the Township, unless an industrial/commercial discharge permit has been obtained. Such users shall apply for an industrial/commercial discharge permit at least 120 calendar days before connecting to such treatment works. At that time, the user may request to be classified as a small flow commercial user if the user is noncategorical and will be discharging less than 3,000 gallons of average daily flow per day.

This classification as a small-flow commercial user is not mandatory but permissive. Commercial users who meet the qualifications may apply for this classification. If a commercial user chooses this option, and meets the Township's qualifications as a small flow commercial user, all reporting and monitoring requirements that apply to a nonsignificant indirect user will apply to a small flow commercial user, with the following exceptions:

The industrial user annual fee for a small flow commercial user will be $2,000.

§ 557-4 General discharge prohibitions.

The small flow commercial user's permit will have elevated limits for the following parameters, if applicable to the user's effluent limitations and monitoring requirement's table:

	Parameter	Daily Maximum Concentration (mg/L)
	Biochemical oxygen demand	Determined upon application (maximum possible: 1,500 mg/L)
	Chemical oxygen demand	Determined upon application (maximum possible: 1,500 mg/L)
	Total suspended solids	Determined upon application (maximum possible: 900 mg/L)
	Oil and grease	Determined upon application (maximum possible: 150 mg/L)
	Petroleum hydrocarbons	Determined upon application (maximum possible: 45 mg/L)

Such application shall be made by completing and submitting to the Township a SFCU Determination Worksheet. The terms of such permit may be modified after issuance and a reasonable time provided for compliance with such modified terms. Violations of the terms of such permits are violations of this SUO.

In the event the industry and Township cannot agree as to the classification, under a particular industrial, commercial, categorical or subcategorical classification, for purposes of industrial pretreatment standards, a written certification from the appropriate federal and state regulatory agencies as to whether the applicant is included within a particular industrial, commercial, categorical or subcategorical classification for purposes of industrial pretreatment standards, may be obtained.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the Township sewerage system. These general prohibitions apply to all such users of the Township sewerage system whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to any part of the Township sewerage system.

Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, because of fire or explosion or be injurious in any other way to the SS or to the operation of the SS. Prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohol, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substance which the Township, the NJDEP or the USEPA has notify the user is a fire hazard or a hazard to the system, including, but not limited to any waste stream with a closed cup flashpoint of less than 60° C. [c.f. 40 CFR 403.5(b)(1)].

[Amended 3-6-2006 by Ord. No. 6-2006; 4-2-2007 by Ord. No. 6-2007]

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as but not limited to sewer and grease greater than 20 milligrams per liter, substances which may solidify or become viscous at temperatures between 32° and 150°, unshredded garbage larger than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing waste.

[Amended 3-6-2006 by Ord. No. 6-2006; 4-2-2007 by Ord. No. 6-2007]

Any wastewater having a pH less than 5.0 or in excess of 9.0 unless the SS is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the SS.

[Amended 3-6-2006 by Ord. No. 6-2006; 4-2-2007 by Ord. No. 6-2007]

Any wastewater containing toxic pollutants or poisonous substances in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters of the SS or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Federal Clean Water Act of 1977, as amended (hereafter "the Act"), or pursuant to Section 4 of the State Water Pollution Control Act.

[Amended 3-6-2006 by Ord. No. 6-2006; 4-2-2007 by Ord. No. 6-2007]

Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

Any substance which may cause the SS's effluent or any other product of the SS, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the SS cause the SS to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.

Any substance which will cause the SS to violate its National Pollutant Discharge Elimination System and/or State of New Jersey Pollutant Discharge Elimination System permit or the receiving water quality standards.

Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.

Any wastewater having a temperature that exceeds 150° F. at the sewer connection sampling point or which will inhibit biological activity in the SS treatment plant or result in degradation of treatment or removal inefficiency but, in no case, be in such quantities that the temperature exceeds 40° C. (104° F.) at the treatment plant.

[Amended 3-6-2006 by Ord. No. 6-2006; 4-2-2007 by Ord. No. 6-2007]

Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the SS. In no case shall slug loads be permitted. Flow rates shall be maintained as previously determined.

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.

Any wastewater which causes a hazard to human life or creates a public nuisance.

Any waters or wastes with biochemical oxygen demand (BOD₅) in excess of 250 milligrams per liter unless specifically approved.

Any waters or wastes with a suspended solids content in excess of 250 milligrams per liter or containing suspended solids of such character or quantity that unusual attention or expense is required to handle or treat such materials unless specifically approved.

Any vapors or steam.

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

Foaming agents. Nonbiodegradable detergents, surface active agents, or other substances which may cause excessive foaming in the metering manholes, or treatment plant.

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

Pharmaceutical waste. Any discharge of a controlled dangerous substance or drug controlled by federal law.

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

Medical waste. Undisinfected tissue fluid, diseased human or animal organ tissue, undisinfected whole blood, or other contaminated solid waste related to the transmission of disease from human or veterinary hospitals, medical facilities, funeral parlors, etc.

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

Stormwater. Discharge or stormwater, surface water, groundwater, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, unless specifically authorized in writing.

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

Trucked and hauled wastes. Any direct or indirect discharge of trucked or hauled pollutants or liquids into the wastewater sewer system.

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

Industrial waste slugs having an average daily flow greater than 5% of the average daily sewage flow at the sewage treatment plants of the sewerage system.

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

Wastewater having in excess discharge concentrations of local limits established by the Township Engineer and Public Works Department.

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

§ 557-5 Pretreatment regulations for industrial connections.

[Amended 3-6-2006 by Ord. No. 6-2006; 4-2-2007 by Ord. No. 6-2007]

No industrial waste or effluents shall be discharged into the Township sewerage through industrial connections except upon compliance with the following:

Industrial users discharging industrial wastes into the Township sewerage system shall comply with federal pretreatment standards in accordance with Section 307 of the Act and the New Jersey Pretreatment Standards for Sewerage, N.J.S.A. 58:11-49 et seq., and the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., in addition to any more stringent standards necessitated by local conditions and as appears in this article or in any amendments thereto.

No industrial waste or effluents shall be discharged into the Township sewerage system except upon compliance with the following:

All industrial users shall apply for a sewer connection permit with the Department of Public Works, Broad and Walnut Streets, Gibbstown, New Jersey 08027, on forms to be provided by the Department, together with a filing fee of $100. All industrial users shall submit the original application pursuant to this article within 60 days after the effective date of this article. All industrial users are to supply detailed information as to the type of processes employed and a complete detailed breakdown of all materials used in the process and a chemical analysis of the effluent from the process that will be discharged into the Township sewerage system in accordance with the information required by Department forms. A drawing in detail is necessary for each operation, including all raw materials, additions, end products, by-products and liquid and solid wastes indicating all discharge locations into the Township sewerage system. All permit applications are subject to final approval of Township Engineer or his designee prior to the issuance of a permit to discharge. Applicant shall pay for Township engineering services and the analytical services required for adequate review of the initial permit application.

All permits shall expire on March 31 of each calendar year. All permit applications for renewal shall be submitted prior to March 1 of the expiring year to the office of the Township Clerk, Broad and Walnut Streets, Gibbstown, New Jersey 08027, along with a filing fee of $25. All permit renewal applications shall be on forms provided by the Department of Public Works and shall be subject to review and final approval by the Township Engineer or his designee and shall be accompanied by information pertaining to any proposed modifications or alterations associated with the renewal permit and not appearing in the original permit application. Applicant shall pay for Township engineering services and the analytical services required for adequate review of the permit renewal application on or before March 1 of the expiring year.

The application submitted by a corporation must be signed by the principal executive officer of that corporation or by an official of the rank of corporate vice president or above who reports directly to such principal executive officer and is authorized 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.

§ 557-6 Requirements for installation of interceptors for sewer connections.

Where an application involves a governmental discharge, the person signing on behalf of a municipal, county or intrastate regional governmental unit or state or multistate agency shall be that unit's or that agency's principal executive officer or one who reports directly to him and is authorized to make application on behalf of the governmental unit. Applications submitted by an agency of the United States should be signed by an official who is authorized to evaluate environmental factors on agencywide basis.

(5)

All information necessary to determine the quantity of such wastewater, nature and quality of the materials therein and other characteristics of such wastewaters shall be furnished, and the applicant shall agree, in writing, to bear the cost of initial and any subsequent chemical analysis and laboratory tests.

(6)

Adequate means of sampling for periodic determination of all characteristics and concentrations of the wastewater shall be provided at the industrial users connection, with the Township's sanitary sewerage system.

(7)

The applicant shall agree that industrial wastewater discharged into the Township sewerage system shall be subject to analysis by the Township, agents of the treatment works, state agency and/or the Environmental Protection Agency and that such persons will be permitted to enter all properties of the contributing industry for the purpose of inspection, observation, measurement, sampling and testing in a reasonable manner and time.

(8)

The applicant shall cooperate by adopting and enacting such schedules of discharge that will minimize peak concentrations.

(9)

The applicant shall produce wastewater of quality acceptable to the Township by reducing its peak discharges by construction of equalization and/or pretreatment by methods approved by the Township, in the event that materials in wastewater discharged or to be discharged cause or threaten injury to the sewerage systems or treatment plants or impair the sewage treatment process or unduly increase the cost of operation thereof. Industrial users having or requiring industrial wastewater holding and/or wastewater treatment facilities which discharge into the sanitary sewer system shall furnish, in quadruplicate, complete engineering reports, plans and specifications covering connection to the Township's sanitary sewer system, industrial wastewater treatment facilities and measuring devices. This applies also to alterations and additions to connections or treatment facilities. Reports and supporting data therein referred to must be prepared by a professional engineer registered in the State of New Jersey. Industrial users shall not connect or proceed with the construction of any industrial wastewater treatment facilities unless plans and specifications covering the same have been approved by the Township.

(10)

The applicant shall indemnify the Township for any damage caused by wastewater determined by the Township to have been discharged by the industrial user to the Township's sewerage system, Township treatment plants, their function and treatment processes. Such indemnification shall be in strict conformance with applicable local and state laws and shall be in effect during the term of agreements between the industrial user and the Township.

(11)

The applicant shall install a suitable device for continuously indicating, recording, and totalizing the flow of discharge to the sanitary sewer system and shall submit to the Township for approval specifications and plans for the complete monitoring program required by this section.

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

Interceptors (including grease, oil, sand, and solids interceptors, etc.) shall be provided and installed on sanitary sewer systems for connections to the Township sanitary collection system as necessary for the proper handling of liquid wastes containing grease, flammable wastes, sand, solids, and other ingredients harmful to the building drainage system, the collection system, or the sewer treatment plant or process. The Construction Code Official shall have the authority to require interceptors to be installed at sewer connections where grease, oil, flammable wastes, sand, solids, or other ingredients harmful to the drainage system, collection systems, or sewer treatment plant or process, may be potentially discharged.

All interceptors shall be properly sized and designed in accordance with the National Standard Plumbing Code. All interceptors shall be properly vented if loss of trap seal is possible. All interceptors shall be so installed that it is accessible for removal of the cover, servicing and maintenance.

The Township shall be granted access to all interceptors for inspection, and all maintenance records if necessary to ensure that the interceptor is being properly maintained and operated.

The Construction Code Official, or authorized delegated Township Official, shall have the authority to enforce these requirements and formally cite the owner of the interceptor should they fail to provide access, or information pertinent to the operation of the interceptor in accordance with this section and § 545-18.

A connection to the sewer system which is improperly operating the interceptor and unlawfully discharging wastes specifically listed in § 545-5 may be disconnected from the sanitary collection system, in addition to being accountable for the penalties listed in § 545-18.

Interceptors shall be cleaned regularly (minimum of quarterly cleaning and more frequent depending on the manufacturer's recommendations).

Quarterly certificates of interceptor cleaning shall be mailed to the Construction Code Office and shall be kept on file in the place of business for a period of two years.

The Township shall have the right to enter the establishment of all users requiring interceptors for inspection and operation of facilities and the collection of a sample from any component thereof.

This section may be supplemented by adopting a "Sanitary Grease Trap Ordinance" which may establish more specific requirements based upon the nature of the facility and its operations.

§ 557-7 Responsibility for meter.

All meter or measuring devices installed or required to be used shall be under the control of the Township and accessible to the Township's representative during the operational hours of the industry. The industrial user for whom such measuring equipment is installed, at its own expense, shall be responsible for:

Maintenance and safekeeping.

All repairs, whether by normal wear or other causes.

Quarterly certified calibration by the manufacturer or by other acceptable means approved by Township Engineer.

§ 557-8 Inspection and taking of samples.

Supplying, maintaining and replacing daily recording charts until collected by the Township's agents of the treatment works. A state agency and/or the Environmental Protection Agency will be permitted to enter all properties of the contributing industry for the purpose of inspection, observation, measurement, sampling and testing.

Cost for repairs or calibration if paid for by the Township shall be due and payable to the Township within 30 days after written notification of such payment by the Township.

[Amended 3-6-2006 by Ord. No. 6-2006; 4-2-2007 by Ord. No. 6-2007]

The Township shall have the right to enter the establishment of an industrial user for inspection of the operation of industrial wastewater treatment facilities and the collection of a sample from any component thereof.

The Township shall test annually for all SIU and SFCU permits and cost shall be incorporated into the annual fee.

Annual testing conducted shall be the basis for any surcharge rates for the entire year. Should the permittee request more frequent testing (up to quarterly), the additional cost will be passed on to the permittee. The user may also hire a NJ certified laboratory to collect and analyze samples for the use as the basis of surcharge rates.

§ 557-9 Bypassing of facilities prohibited; spills, overflows and process failures.

Bypassing of wastewaters of the industrial wastewater treatment facilities shall not be allowed under any circumstances.

Any accidental spills, overflows, equipment or process failures shall be reported to the Township Clerk's office and/or Police Department immediately and confirmed, in writing, within 10 days with the explanation of cause and planned action to eliminate further recurrences. Furthermore, the industrial user shall take immediate action to contain and minimize the accidental discharge to the SS so as to prevent interference with the treatment process and/or damage to the SS.

§ 557-10 Cancellation of agreements; disconnecting of service.

The Township reserves the right to cancel any agreement between any industrial user and the Township after one year. However, whenever it shall be found that a service installation or industrial wastewater treatment facility has been made contrary to these rules and regulations and constructed and operated in any other manner than that approved by the Township, the service shall be disconnected and removed within 30 days after notice by the Township. The services shall not again be supplied until the service installation and industrial wastewater treatment facilities are constructed and operated according to the rules and regulations of this article, and all expenses and damages shall be paid by the industrial user or its successors.

The services also may be disconnected within 30 days if it is found that the wastewater discharged by the industrial user does not conform to the rules and regulations stated herein.

§ 557-11 Renewal of permits; payment of costs for engineering services and analytical services.

In addition to the requirements of § 557-5B(2) of this article, at the time of renewal, the Township shall renew existing permits unless the operating history of the existing industrial user of the Township sewerage system has demonstrated to the Township Engineer and the Township sewer plant operator that the industrial user has not reasonably complied with this article.

The applicant shall pay for Township engineering services and the analytical services required for adequate review of the permit application.

§ 557-12 Enforcement.

In addition to the Township's authority to cancel user agreements and permits pursuant to § 557-10A of this article and in addition to the authority of the Township to disconnect service in accordance with § 557-10B of this article, the Township may exercise additional enforcement action provided for in this section.

Harmful contributions. The Township may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the Township, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the SS or causes the Township to violate any condition of its National Pollutant Discharge Elimination System/New Jersey Pollutant Discharge Elimination System permit.

Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the SS shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the SS or endangerment to any individuals. The Township shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Township within 15 days of the date of occurrence.

Revocation of permit. Any user who violates the following conditions of this article or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of this section of this article:

Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;

Violation of conditions of the permit;

(5)

Any failure to comply with the provisions of its service agreement; or

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

(6)

Failure of the industrial user to pay its sewer service fee, surcharge assessment, or penalties and fines.

[Added 3-6-2006 by Ord. No. 6-2006; amended 4-2-2007 by Ord. No. 6-2007]

Notification of violation. Whenever the Township finds that any user has violated or is violating this article, wastewater contribution permit or any prohibition, limitation or requirement contained herein, the Township may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Township by the user.

Show-cause hearing. The Township may order any user who causes or allows an unauthorized discharge to enter the SS to show cause before the Township Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Township Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Township Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.

The Township Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the assigned department to:

Issue in the name of the Township Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

Take the evidence.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Township Council for action thereon.

At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

After the Township Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

Legal action. If any person discharges sewage, industrial wastes or other wastes into the Township's wastewater disposal system contrary to the provisions of this article, federal or state pretreatment requirements or any order of the Township, the Township Attorney may commence an action for appropriate legal and/or equitable relief in any court of competent jurisdiction.

§ 557-13 Violations and penalties.

Penalty matrix; categories of seriousness.

[Amended 3-6-2006 by Ord. No. 6-2006; 4-2-2007 by Ord. No. 6-2007]

Whenever the Township finds any user has violated or is violating any of the provisions of their sewer service agreement and/or the Sewer Use Ordinance, the Superintendent of Public Works or designee may impose penalties and fines in accordance with the penalty matrix table. Failure to pay penalties when assessed may result in loss of sewer service.

Penalty Matrix for Discharge Violations
	Major Seriousness	Moderate Seriousness	Minor Seriousness
Major Conduct	$10,000 to $50,000	$5,000 to $25,000	$2,000 to $13,000
Moderate Conduct	$5,000 to $10,000	$2,500 to $5,000	$500 to $3,000
Minor Conduct	$500 to $7,500	$500 to $2,500	$250 to $1,250

The severity of the penalty imposed shall be based upon the seriousness of the violation caused by the conduct of the user. Such conduct that falls within the following categories shall give rise to the penalties identified in the Penalty Matrix for Discharge Violations contained within this section depending upon the seriousness of the conduct as categorized in the subsequent categories:

(a)

Conduct may fall within the following categories:

[1]

Major. An intentional, deliberate, knowing and willful violation.

[2]

Moderate. An unintentional but foreseeable act, omission or violation.

[3]

Minor. Any behavior which causes a violation which is not major or moderate in nature.

(b)

The seriousness of the conduct may fall within the following categories:

[1]

Major. Exceeding the effluent limitation which is measured by concentration or mass for any discharge as follows:

[a]

By more than 50% for a hazardous pollutant.

[b]

By more than 100% for a nonhazardous pollutant.

[c]

Has caused or has the potential to cause serious harm to human health or the environment.

[d]

Seriously deviates from the requirements of the Water Pollution Control Act or the New Jersey Underground Storage of Hazardous Substance Act and for violation of any rule, water quality standard, effluent limitation, administrative order, or service agreement issued pursuant to; serious deviation shall include, but not limited to, those violations which are in complete contravention of the requirements, or if some of the requirements are met, which severely impairs or determines the operation or intent of the requirement.

[2]

Moderate. Exceeding the effluent limitation which is measured by concentration or mass for any discharge as follows:

[a]

By 20% to 50% for a hazardous pollutant.

[b]

By 40% to 100% for a nonhazardous pollutant.

[c]

Has caused or has the potential to cause serious harm to human health or the environment.

[d]

Seriously deviates from the requirements of the Water Pollution Control Act or the New Jersey Underground Storage of Hazardous Substance Act and for violations of any rule, water quality standard, effluent limitation, administrative order, or permit service agreement pursuant to; serious deviation shall include, but not be limited to, those violations which are in complete contravention of the requirement, or if some of the requirements are met, which severely impairs or determines the operation or intent of the requirement.

[3]

Minor. Exceeding the effluent limitation which is measured by concentration or mass for any discharge as follows:

[a]

By less than 20% for a hazardous pollutant.

[b]

By less than 40% for nonhazardous pollutant.

[c]

Any violation other than effluent violations not considered moderate or major.