[Adopted 5-16-1977 (Ch. 96, Art. III, of the 1982 Code)]
The purpose of this article is to provide for the use of the
publicly owned sewerage facilities by industries located within the
area served by the Borough of Swedesboro without damage to the physical
facilities, without impairment of their normal function of collecting,
treating and discharging domestic wastewaters from the area served
by the Borough of Swedesboro and without the discharge by the publicly
owned treatment works of pollutants which would be in violation of
its permitted discharge under the applicable rules and regulations
of state and federal regulatory agencies.
A.
The publicly owned treatment works of the Borough of Swedesboro are
operating under a permit issued by the Environmental Protection Agency
under the National Pollution Discharge Elimination System as provided
for in Section 402 of Public Law 92-500. The permit requires discharges
from the treatment works of the Borough of Swedesboro to conform to
certain specific limitations as to the quantity of pollutants which
may be discharged by the treatment works. Wastewaters from industrial
users conveyed into the publicly owned sewerage facilities are further
provided for under Section 307 of Public Law 92-500 and under rules
and regulations contained in the Code of Federal Regulations promulgated
in implementation of that section.
B.
The operation of the publicly owned treatment works is also under
the jurisdiction of the Department of Environmental Protection, State
of New Jersey, with regard to water quality standards established
by that agency.
A.
AUTHORITY
COOLING WATER
DISTRICT
EPA
GARBAGE
INDUSTRIAL WASTEWATER
MAJOR CONTRIBUTING INDUSTRY
MANAGER
NPDES
PERSON
pH
PRETREATMENT
PRETREATMENT STANDARDS
PROPERLY SHREDDED GARBAGE
SEWAGE
SEWER
SEWERAGE FACILITIES
STANDARD METHODS
STORMWATER
UNPOLLUTED WATER
USER
WASTEWATER
WASTEWATER DISCHARGE PERMIT
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The agency which is responsible for the administration of
this article.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, during which the only pollutant added to
the water is heat.
The area served by the Authority.
The United States Environmental Protection Agency.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of food.
The discharge of a liquid resulting from the processes employed
in industrial establishments.
A major source of industrial wastewater as defined in the
federal pretreatment standards.
The Mayor and Borough Council's agent of the Borough
of Swedesboro or his authorized deputy, agent or representative.
The National Pollutant Discharge Elimination System as defined
in Section 402 of the Federal Water Pollution Control Act Amendments
of 1972 (Public Law 92-500).
Any individual, firm, company, association, society, corporation
or group, including a city, county, town, village or sewer district.
The negative logarithm or the log of the reciprocal of the
concentration of hydrogen ions in gram moles per liter of solution
as determined by acceptable laboratory procedures.
The treatment of wastewater by the user before introduction
into the publicly owned system.
All applicable rules and regulations contained in the Code
of Federal Regulations as published in the Federal Register under
Section 307 of Public Law 92-500.
The waste from the preparation, cooking and dispensing of
food that has been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be present.
A pipe or conduit for carrying sewage.
Includes intercepting sewers, sewage treatment works, pumping
stations, outfall sewers and appurtenances constructed, operated and
maintained by the Borough of Swedesboro for sewage disposal purposes.
The Standard Methods for the Examination of Water and Wastewater
prepared and published jointly by the American Public Health Association,
American Water Works Association and the Water Pollution Control Federation.
Any flow occurring during or immediately following any form
of natural precipitation and resulting therefrom.
Water not containing any pollutants limited or prohibited
by the effluent standards in effect, or water whose discharge will
not cause any violation of receiving water quality standards.
Any person discharging wastes to the Borough of Swedesboro
sewers.
Domestic sewage and industrial wastewaters discharged to
the Borough of Swedesboro sewers.
A permit to convey or discharge industrial wastewater into
any sewer under the jurisdiction of the Borough of Swedesboro.
B.
Word usage. "May" is permissive; "shall" is mandatory.
A.
Prohibitions on wastewater discharges. No person shall discharge
or cause or allow to be discharged into the Borough of Swedesboro
sewerage facilities or any connected treatment facilities any waste
which contains any of the following:
(1)
Oils and grease: fats, wax, grease or oils of more than 100 milligrams
per liter, whether emulsified or not, or containing substances which
may solidify or become viscous at temperatures between 32° F.
and 150° F. (0° C. and 65° C.) at the point of discharge
into the system.
(2)
Explosive mixtures: liquids, solids or gases which by reason of their
nature or quantity are or may be sufficient to cause fire or explosion
or be injurious in any other way to the sewerage facilities or to
the operation of the system. At no time shall two successive readings
on an explosion hazard meter at the point of discharge into the sewer
system be more than 5% nor any single reading over 10% of the lower
explosive limit (LEL) of the meter. Prohibited materials include but
are not limited to gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides.
(3)
Noxious material: noxious or malodorous solids, liquids or gases
which, either singly or by interaction with other wastes, are capable
of creating a public nuisance or hazard to life or are or may be sufficient
to prevent entry into a sewer for its maintenance and repair.
(4)
Improperly shredded garbage: garbage that has not been ground or
comminuted to such a degree that all particles will be carried freely
in suspension under flow conditions normally prevailing in the public
sewers, with no particle greater than 1/2 inch in any dimension.
(5)
Radioactive wastes: radioactive wastes or isotopes of such half-life
or concentration that they are in noncompliance with regulations issued
by the appropriate authority having control over their use and which
will or may cause damage or hazards to the sewerage facilities or
personnel operating the system.
(6)
Solid or viscous wastes: solid or viscous wastes which will or may
cause obstruction to the flow in a sewer or other interference with
the proper operation of the sewerage facilities. Prohibited materials
include but are not limited to grease, uncomminuted garbage, 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, plastic, tar, asphalt
residues, residues from refining or processing of fuel or lubricating
oil and similar substances.
(7)
Excessive discharge rate: wastewaters at a flow rate which is excessive
relative to the capacity of the treatment works and which would cause
a treatment process upset and subsequent loss of treatment efficiency,
or wastewaters containing such concentrations or quantities of pollutants
that their introduction into the treatment works over a relatively
short time period, sometimes referred to as slug discharges, would
cause a treatment process upset and subsequent loss of treatment efficiency.
(8)
Toxic substances: any toxic substances, chemical elements or compounds,
phenols or other taste or odor-producing substances or any other substances
which may interfere with the biological processes or efficiency of
the treatment works.
(9)
Unpolluted waters: any unpolluted water, including but not limited
to water from cooling systems or of stormwater origin, which will
increase the hydraulic load on the sewerage facilities.
(10)
Discolored material: wastes with objectionable color not removable
by the treatment process.
(11)
Corrosive wastes: any waste which will cause corrosion or deterioration
of the sewerage facilities. All wastes discharged to the public sewer
system must have a pH value in the range of 5.5 to 10. Prohibited
materials include but are not limited to acids, sulfides, concentrated
chloride and fluoride compounds and substances which will react with
water to form acidic products.
B.
General limitations on the discharge of pollutants. It is prohibited
to discharge or convey to the public sewer any wastewater containing
pollutants of such character or quantity that will:
(1)
Not be amenable to treatment or interfere with the sewerage facilities.
(2)
Constitute a hazard to human or animal life or to the stream or watercourse
receiving the treatment plant effluent.
(3)
Violate the federal pretreatment standards.
(4)
Cause the treatment plant to violate its NPDES permit or applicable
receiving water standards.
C.
Special agreements. No statement contained in this section shall
be construed as preventing any special agreement between the Borough
of Swedesboro and any user of the sewerage facilities whereby a wastewater
of unusual strength or character may be accepted into the system,
subject to any payments as may be agreed upon by the two parties.
A.
Regulatory actions. If wastewaters containing any substance described in § 262-14 of this article are discharged or proposed to be discharged into the sewer system of the Borough of Swedesboro or to any sewer system tributary thereto, the Borough of Swedesboro may take any action necessary to:
(1)
Prohibit the discharge of such wastewater.
(2)
Require a discharger to demonstrate that in-plant modifications will
eliminate the discharge of such substances to a degree as to be acceptable
to the Borough of Swedesboro.
(3)
Require pretreatment, including storage facilities, or flow equalization
necessary to reduce or eliminate the objectionable characteristics
or substances so that the discharge will not violate these rules and
regulations.
(4)
Require the person or local government unit making, causing or allowing
the discharge to pay any added cost of handling and treating excess
loads imposed on the sewerage facilities.
(5)
Take such other remedial action as may be deemed to be desirable
or necessary to achieve the purpose of this article.
B.
Submission of plans. Where pretreatment or equalization of wastewater
flows prior to discharge into any part of its sewerage facilities
is required by the Borough of Swedesboro, plans, specifications and
other pertinent data or information relating to such pretreatment
or flow-control facilities shall be submitted to the Borough of Swedesboro
for review and approval. Approval shall in no way exempt the discharge
or such facilities from compliance with any applicable code, ordinance,
rule or regulation of any governmental unit or the Borough of Swedesboro.
Any subsequent alterations or additions to such pretreatment or flow-control
facilities shall not be made without due notice to and approval of
the Borough of Swedesboro.
C.
Pretreatment facilities operations. If pretreatment or control of
waste flows is required, such facilities shall be effectively operated
and maintained by the owner at his expense, subject to the requirements
of these rules and regulations and all other applicable codes, ordinances
and laws.
D.
Admission to property. Whenever it shall be necessary for the purposes
of these rules and regulations, the Manager may immediately enter
upon any property upon presentation of credentials for the purpose
of obtaining information or conducting surveys or investigations.
Entry shall normally be made during daylight or operating hours. However,
the Manager reserves the right to enter upon the property at any hour
of any day the Manager deems necessary as a result of abnormal or
emergency circumstances.
E.
Reporting of accidental discharges. If an accidental discharge of
prohibited or regulated pollutants to the sewerage facilities should
occur, the industrial facility responsible for such discharge shall
immediately notify the Manager so that corrective action may be taken
to protect the sewerage facilities. In addition, a written report
addressed to the Manager detailing the date, time and cause of the
accidental discharge, the quantity and characteristics of the discharge
and corrective action taken to prevent future discharges shall be
filed by the responsible industrial facility within 30 days of the
occurrence of the accidental discharge.
A.
Basis of compliance determination. Compliance determinations with respect to § 262-14 may be made on the basis of either instantaneous grab samples or composite samples of industrial wastewater at the discretion of the Manager. Composite samples may be taken over a twenty-four-hour period or over a longer or shorter duration of time as determined by the Manager to meet the needs of specific circumstances.
B.
Control manhole. Where required by the Borough of Swedesboro, industrial
dischargers shall install a suitable control manhole, together with
such necessary samplers, meters, recorders and other appurtenances,
to adequately sample and measure the wastes discharged. The control
manhole shall be constructed and operated so as to permit accurate
sampling and flow measurements of all wastes discharged. Where conditions
do not permit measurement of all discharges from one industrial facility
at a single control manhole, multiple control manholes shall be provided.
The control manhole shall be located so as to permit unrestricted
access by the Borough of Swedesboro representatives and provide sufficient
space for storage of samples and equipment to allow for accurate sampling.
The control manhole shall be situated on the discharger's premises,
but the Borough of Swedesboro may, when such a location would be impractical
or cause undue hardship on the discharger, allow the control manhole
to be constructed in the public street or sidewalk area and located
so that it will not be obstructed by landscaping or parked vehicles.
If the control manhole is located within the discharger's fence,
there shall be accommodation to allow for access by the Borough of
Swedesboro personnel, such as a gate secured with a Borough of Swedesboro
lock.
C.
Analysis of industrial wastewaters. Laboratory analysis of industrial
wastewater samples shall be performed in accordance with the current
edition of Standard Methods, Methods for Chemical Analysis of Water
and Waste, published by the United States Environmental Protection
Agency, or the Annual Book of Standards, Part 23, Water, Atmospheric
Analysis, published by the American Society for Testing and Materials.
Analysis of those pollutants not covered by these publications shall
be performed in accordance with procedures established by the Borough
of Swedesboro.
D.
Sampling frequency. Sampling of industrial wastewater for the purpose of compliance determination with respect to § 262-14 will be done at such random intervals as the Borough of Swedesboro may designate. However, it is the intention of the Borough of Swedesboro to conduct compliance sampling for all major contributive industries at least once in every one-year period.
E.
Cost of sampling and analysis. Costs incurred in connection with the first sampling and analysis performed during any one-year period for the purpose of compliance determination with respect to § 262-14 will be paid by the discharger. The cost of any additional sampling and analysis during this interval will be paid by the Borough of Swedesboro.
A.
Wastewater discharge permits. All major contributing industries proposing
to connect or to discharge into any Borough of Swedesboro sewer must
obtain a discharge permit from the Borough of Swedesboro. All existing
major contributing industries connected to or discharging to a Borough
of Swedesboro sewer must obtain a wastewater discharge permit within
90 days of the effective date of this article.
B.
Permit application.
(1)
Users seeking a wastewater discharge permit shall complete and file
with the Manager an application on the form prescribed by the Manager
and accompanied by the applicable fee. In support of this application,
the user shall submit the following information:
(a)
Name, address and SIC number of the applicant.
(b)
Volume of wastewater to be discharged.
(c)
Wastewater constituents and characteristics, including but not limited to those mentioned in § 262-14, as determined by a laboratory approved by the Borough of Swedesboro.
(d)
Time and duration of discharge.
(e)
Average and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers and appurtenances by size, location and elevation.
(g)
Description of activities, facilities and plant processes on
the premises, including all materials and types of materials which
are or could be discharged.
(h)
Each product produced by type, amount and rate of production.
(i)
Number and type of employees and hours of work.
(j)
Any other information as may be deemed by the Manager to be
necessary to evaluate the permit application.
(2)
The Manager will evaluate the data furnished by the user and may
require additional information. After evaluation and acceptance of
the data furnished, the Manager may issue a wastewater discharge permit,
subject to terms and conditions provided herein.
C.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this article and all other regulations,
user charges and fees established by the Borough of Swedesboro. The
conditions of wastewater discharge permits shall be uniformly enforced
by the Manager in accordance with this article and applicable state
and federal regulations. Permit conditions will include the following:
(1)
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to the Borough of Swedesboro.
(2)
The average and maximum wastewater constituents and characteristics.
(3)
Limits on rate and time of discharge or requirements for flow regulations
and equalization.
(4)
Requirements for installation of inspection and sampling facilities.
(5)
Pretreatment requirements.
(6)
Requirements for maintaining plant records relating to wastewater
discharges, as specified by the Borough of Swedesboro, and affording
the Borough of Swedesboro access thereto.
(7)
Mean and maximum mass emission rates or other appropriate limits
when pollutants subject to limitations and prohibitions are proposed
or present in the user's wastewater discharge.
(8)
Other conditions as deemed appropriate by the Borough of Swedesboro
to ensure compliance with this article.
D.
Duration of permits. Permits shall be issued for a specified time period not to exceed five years. A permit may be issued for a period of less than one year or may be stated to expire on a specific date. If the user is not notified by the Borough of Swedesboro 30 days prior to the expiration of the permit, the permit shall automatically be extended for three months. The terms and conditions of the permit may be subject to modification and change by the Borough of Swedesboro during the life of the permit as limitations or requirements as identified in Subsection C are modified and changed. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
E.
Transfer of permit. Wastewater discharge permits are issued to a
specific user for a specific operation. A wastewater discharge permit
shall not be reassigned or transferred or sold to a new owner, new
user, different premises or a new or changed operation.
F.
Revocation of permit. Any user who violates the following conditions
of his permit or of this article or of applicable state and federal
regulations is subject to having his permit revoked. Violations subjecting
a user to possible revocation of his permit include:
(1)
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge;
(2)
Failure of the user to report significant changes in operations or
wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring; or
(4)
Violation of conditions of the permit.
A.
Notification of violation. Any person found in violation of this
article or of any prohibition, limitation or requirement contained
herein will be served by the Manager with a written notice stating
the nature of the violation and providing a reasonable time limit
for the satisfactory correction thereof. The Manager will endeavor
to the full extent possible to eliminate or remedy such violation
without resorting to further administrative proceedings.
B.
Show cause hearing.
(1)
If those efforts have been unsuccessful, the Manager may order any
person who causes or allows an unauthorized discharge to show cause
before the Borough of Swedesboro why such discharge should not be
discontinued. A notice shall be served on the offending party, specifying
the time and place of a hearing to be held by the Borough of Swedesboro
regarding the violation and directing the offending party to show
cause before the Borough of Swedesboro why an order should not be
made directing the discontinuance of such discharge. The notice of
the hearing shall be served personally or by registered or certified
mail at least 10 days before the hearing, and service may be made
on any agent or officer of a corporation.
(2)
The Borough of Swedesboro may itself conduct the hearing and take
the evidence or may designate any of its members or any officer or
employee of the Borough of Swedesboro to:
(a)
Issue in the name of the Borough of Swedesboro notices of hearings
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in any such hearings.
(b)
Take the evidence.
(c)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations, to the Borough
of Swedesboro for action thereon.
(3)
At any public hearing, testimony taken before the Borough of Swedesboro
or any person designated by it 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
therefor.
(4)
After the Borough of Swedesboro has reviewed the evidence, it may
issue an order to the party responsible for the discharge, directing
that within a specified time period the discharge shall be discontinued
unless adequate treatment works, facilities or devices shall have
been installed or existing adequate treatment works, facilities or
devices are properly operated and any other such orders as the Borough
of Swedesboro may deem necessary.
C.
Court proceedings. A violation of an order of the Borough of Swedesboro
shall be considered a nuisance. If any person discharges sewage, industrial
wastes or other wastes into the sewerage facilities under the jurisdiction
of the Borough of Swedesboro contrary to any order of the Borough
of Swedesboro, the Borough of Swedesboro, acting through the Manager,
may commence an action by proceeding in the Circuit Court in and for
the county in which the Borough of Swedesboro is located or operates
facilities for the purpose of having the discharge stopped either
by mandamus or injunction.
D.
Violations and penalties. Whoever fails to comply with any provisions
of this article or with an order of the Borough of Swedesboro issued
in pursuance of this article shall be fined not less than $100 nor
more than $10,000 for each offense. Each day's continuance of
such failure is a separate offense. The penalties so imposed, plus
reasonable attorneys' fees, court costs and other expenses of litigation,
are recoverable by the Borough of Swedesboro upon its suit as debts
are recoverable at law.
E.
Injunctive relief. In addition to the penalties provided in the foregoing
section, wherever a person violates any provision of this article
or fails to comply with any order of the Borough of Swedesboro, the
Borough of Swedesboro, acting through the Manager, may apply to the
Circuit Court of the county for the issuance of an injunction restraining
the person violating this article or failing to comply with the order
from making any further discharges into the sewerage facilities under
the jurisdiction of the Borough of Swedesboro.
In order to effectively administer and enforce the provisions
of these regulations, the Manager may ask any discharger to comply
with any or all of the following requirements:
A.
Discharge reports. The Manager may require discharge reports, including
but not limited to questionnaires, technical reports, sampling reports,
test analyses and periodic reports of wastewater discharge. When a
report filed by a user pursuant to this section is not adequate in
the judgment of the Manager, he may require the user to supply such
additional information as the Manager deems necessary. The discharge
report may include but not be limited to nature of the process, volume
and rates of wastewater flow, elements, constituents and characteristics
of the wastewater, together with any information required in an application
for a wastewater discharge permit.
B.
Monitoring programs.
(1)
The Manager may require of users such technical or monitoring programs,
including the submission of periodic reports, as he deems necessary,
provided that the burden, including costs, of such programs and reports
shall bear a reasonable relationship to the need for the report and
the benefits to be obtained therefrom. The discharger shall pay the
applicable Borough of Swedesboro charge for the monitoring program,
in addition to the sewage disposal and other charges established by
the Borough of Swedesboro.
(2)
The monitoring program may require the discharger to conduct a sampling
and analysis program of a frequency and type specified by the Manager
to demonstrate compliance with prescribed wastewater discharge limits.
The discharger may either conduct his own sampling and analysis program,
provided that he demonstrates to the Manager that he has the necessary
qualifications and facilities to perform the work, or engage a private
laboratory approved by the Manager.
C.
Trade secrets. When requested by the user furnishing a report or
permit application or questionnaire, the portions of the report or
other document which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall
be made available to governmental agencies for use in making studies;
provided, however, that such portions of a report or other document
shall be available for use by the Borough of Swedesboro or the state
or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report.
The Manager is charged with the responsibility for the Borough
of Swedesboro industrial discharge control program and enforcement
of the provisions of this article.
