As used in this article, the following terms shall have the
meanings indicated:
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.
INDUSTRIAL COST RECOVERY
A charge to industrial users based on its 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
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, has in its waste a toxic
pollutant in toxic amounts or is found by the 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 water
or groundwater, including the Passaic River or any of its tributaries.
NJDEP
The New Jersey Department of Environmental Protection.
NPDES
The National Pollutant 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
The 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 groundwater, stormwater and surface
waters that are not admitted intentionally.
SANITARY WASTE
Waste derived principally from dwellings, office buildings
and sanitary conveniences. When segregated from industrial wastes,
it 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 or 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 the PVSC as a fair indicator of the relative use, other than volumetric,
of the 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 the Standard
Methods for the Examination of Water and Wastewater and referred to
as "nonfilterable residue."
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
The United States Environmental Protection Agency.
USER CHARGE
A charge to users consisting of two parts: the first part
established by the 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.
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.
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.
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 is 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 their
action. In the case of industrial applications, the applications 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 revisions 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 discharges which constitute prohibited waste
as otherwise provided in the within ordinances 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.
Industrial users shall be classified by the PVSC as follows:
A. Category I.
(1) 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.
(2) 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.
B. Category II.
(1) A Class II-A permit shall allow an industry to discharge pretreated
wastes in accordance with standards established in the permit.
(2) 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.
C. 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.
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.
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 60 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.
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.
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.
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 the 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 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 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 the within article. The access shall be made available to the employees
of the PVSC, the New Jersey Department of Environmental Protection,
the 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 the within 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 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 a 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 a 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 National Pollution Discharge
Elimination System permit to discharge issued to the PVSC by the United
States Environmental Protection Agency.
When required by the municipality, the USEPA, the 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 the within 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's 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 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 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 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 the within 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 be adopted, which
regulations shall become effective upon filing of certified copies
in the office of the Municipal Clerk after the effective date of the
within article.
Violations of any of the provisions of the within article or
any permit issued under the authority of the within article may result
in the termination of the permit and/or the termination of the authority
to discharge into the system.
Any person violating any of the provisions of the within article
shall, upon conviction, be subject to a fine not to exceed $500 and/or
imprisonment not to exceed 90 days, or both. Each and every day in
which a violation of any provision of this article exists shall constitute
a separate violation.