Article I Regulations for Use of Treatment Works

Prevent the introduction of pollutants into the POTW which may interfere with the operation of the system or contaminate the resulting sludge.

Prevent the introduction of pollutants into the POTW which may pass through the system into receiving waters or into the atmosphere inadequately treated or otherwise incompatible with the treatment system.

Improve the opportunity to recycle and reclaim sludge from the system.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

Prevent the introduction of pollutants into the POTW which may preclude the selection of the most cost-effective alternative for wastewater treatment and sludge disposal.

This article authorizes monitoring and enforcement activities, requires industrial user reporting, and provides for the regulation of discharge to the POTW through enforcement of general requirements for all discharges.

§ 342-3 Applicability.

This article shall apply to all persons within the City of Union City and to persons outside the City who are, by contract or agreement with the City, dischargers to the POTW.

§ 342-4 Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in §§ 342-1 through 342-10, shall have the meanings hereinafter designated.

Terms not otherwise defined herein shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federations; the "Federal Guidelines for State and Local Pretreatment Programs," EPA-430/9-76-017a, volume 1, 1977, or the latest revision thereof; the Clean Water Act, 33 U.S.C. § 1251 et seq.; the New Jersey "Water Pollution Control Act," N.J.S.A. 58:10A-1 et seq.; or "Pretreatment Standards for Sewerage, etc.," N.J.S.A. 58:11-49 et seq.

ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq. (1986).

APPROVED TEST PROCEDURE

All analysis performed in accordance with the analytical test procedures approved under 40 CFR 136, as amended. Analysis for those pollutants not covered therein shall be performed in accordance with procedures approved by the NJDEP.

An authorized representative of an industrial user may be:

A principal executive officer of at least the level of vice president if the industrial user is a corporation; or

A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or

BIOCHEMICAL OXYGEN DEMAND (BOD)

A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the regulated facility, such as a plant manager, licensed operator or person of equivalent responsibility.

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)], in accordance with an approved test procedure.

BUSINESS CONFIDENTIALITY

The standard for business confidentiality shall be that found in 40 CFR Part 2, as amended.

CHEMICAL OXYGEN DEMAND (COD)

A measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater expressed as the amount of oxygen consumed by a chemical oxidant in accordance with an approved test procedure.

COMPATIBLE POLLUTANT

Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, and such additional pollutants as are now or may be in the future specified and controlled in the North Hudson Sewer Authority's or Passaic Valley Sewer Authority's NJPDES permit.

[Amended 5-21-2013]

COOLING WATER

Any water used for the purpose of carrying away excess heat and which may contain biocides used to control biological growth or other additives to protect the system against corrosion, scaling or other deterioration.

DISCHARGE

The releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of a pollutant into the waters of the state or onto the land or into wells from which the pollutant might flow or drain into such waters, including, but not limited to, the release of any pollutant into the treatment works.

DOMESTIC WASTEWATER

The liquid waste or liquid-borne waste:

Resulting from the noncommercial preparation, cooking and handling of food; and/or

FEDERAL CATEGORICAL PRETREATMENT STANDARDS

Consisting of human excrement and similar wastes from sanitary conveniences.

EFFLUENT DATA

Information necessary to determine the identity, amount, frequency, concentration, temperature or other characteristics of any pollutant discharge.

EPA

The United States Environmental Protection Agency.

Pretreatment Standards as codified in 40 CFR Chapter I, Subchapter N (1986), specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to a POTW by existing or new industrial users in specific industrial subcategories.

FISCAL YEAR

The fiscal year of the City.

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking, dispensing, handling, storage and/or sale of food.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

INCOMPATIBLE POLLUTANT

Any pollutant which is not a compatible pollutant as defined in this section.

INDUSTRIAL PROCESS WASTEWATER

In addition to any groundwater, surface water and stormwater from the site which is introduced into a treatment works, the liquid waste or liquid-borne waste resulting from the processes employed by any person identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:

Division A, Agriculture, Forestry and Fishing.

Division B, Mining.

Division D, Manufacturing.

Division E, Transportation, Communications, Electric, Gas and Sanitary Services.

Division I, Services.

INDUSTRIAL USER

Any person who discharges, causes or permits the discharge of nondomestic wastewater into the treatment works.

INTERFERENCE

Inhibiting or disrupting the operation of a POTW or its treatment process so as to contribute to, cause or increase a violation of any condition of a state or federal permit under which the POTW operates;

Discharging industrial process wastewater which, in combination with existing domestic flows, is of such volume and/or strength as to exceed the POTW design capacity or that approved by the licensed operator; or

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

Preventing the use or disposal of sludge produced by the POTW in accordance with Section 405 of the Act and regulations, criteria or guidelines developed pursuant to the Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 3251 et seq. (1977), the Federal Clean Air Act, 42 U.S.C. § 7401 et seq. (1977), the Federal Toxic Substances Control Act, 15 U.S.C. § 2601 et seq. (1982), Sections 2, 4 and 6 of the State Act and, to the extent practicable, the New Jersey Guidelines for the Utilization and Disposal of Municipal and Industrial Sludges and Septage.

LICENSED OPERATOR

The Superintendent of the North Hudson Sewer Authority or Passaic Valley Sewer Authority. See "Superintendent."

[Amended 5-21-2013]

The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone and the oceans pursuant to Section 402, Clean Water Act,[1] N.J.A.C. 7:14A-1.1 et seq.

NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES)

The New Jersey system for issuing, modifying, suspending, revoking and reissuing, terminating, monitoring and enforcing discharge permits pursuant to the State Act. The term also includes discharge permits (NPDES) issued pursuant to Section 402 of the Act.[2]

NJDEP

The New Jersey Department of Environmental Protection.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions in moles per liter of solution. Solutions with a pH greater than seven are said to be basic; solutions with a pH less than seven are said to be acidic; pH equal to seven is considered neutral. Analysis shall be performed in accordance with an approved test procedure.

POLLUTANT

Any dredged spoil, solid waste, holding tank waste, incinerator residue, sewerage, garbage, refuse, oil, grease, sewerage sludge, septage, munitions, chemical wastes, biological materials, radioactive substance, thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal or agricultural waste or other residue directly or indirectly discharged into the waters of the state, the introduction of which renders these waters detrimental or immediately or potentially dangerous to the public health or unfit for public or commercial use.

PRETREATMENT

The application of physical, chemical and/or biological processes to reduce the amount of pollutants in, or alter the nature of the polluting properties of, wastewater prior to discharging such wastewater into a sewerage system or treatment works.

PRETREATMENT STANDARDS

All applicable federal or state rules and regulations implementing Section 307 of the Act[3] or N.J.S.A. 58:11-49, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Act,[4] which is owned in this instance by the North Hudson Sewer Authority or Passaic Valley Sewer Authority or any other public body or authority. For the purposes of these sections, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the North Hudson Sewer Authority or Passaic Valley Sewer Authority who are, by contract or agreement, dischargers to the North Hudson Sewer Authority's or Passaic Valley Sewer Authority's POTW.

[Amended 5-21-2013]

SIGNIFICANT INDUSTRIAL USERS (SIU)

Any user, excluding municipal collection systems, who discharges on any one day wastewater into a POTW where:

The volume of industrial process wastewater exceeds 25,000 gallons per day; or

The amount of BOD, COD or suspended solids in the industrial process wastewater discharge exceeds the mass equivalent of 25,000 gallons per day of the domestic waste of the affected POTW; or

The volume of industrial process wastewater in the discharge exceeds 5% or more of the average daily flow of the POTW; or

The discharge of industrial process wastewater contributes, prior to any pretreatment, 5% or more of the daily mass loading of any of the pollutants listed in N.J.A.C. 7:14A, Appendix B,[5] Tables II through VI; or

The user is determined to be a hazardous waste facility under N.J.A.C. 7:26-12 and meets the requirements of N.J.A.C. 7:14A-4.2(b)(1); or[6]

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

The user is determined to be an industrial waste management facility under N.J.A.C. 7:14A-4;[7] or

(7)

The user has been found by the NJDEP to be in violation of state laws or regulations, or local ordinances concerning environmental issues; or

(8)

The discharge consists of landfill leachate, either pure or diluted by groundwater or surface runoff; or

(9)

The discharge consists of significant quantities of polluted groundwater which is pumped from the ground in order to decontaminate an aquifer; or

(10)

The NJDEP determines it would be consistent with the intent of the Pretreatment Act or State Act to require a permit for the indirect discharger; or

(11)

The industrial user is subject to Federal Categorical Pretreatment Standards.

A classification pursuant to the Standard Industrial Classification Manual, 1972 (as revised), issued by the Executive Office of the President, Office of Management and Budget.

STATE

The State of New Jersey.

STATE ACT

The New Jersey "Water Pollution Control Act," N.J.S.A. 58:10A-1 et seq.

STORMWATER

The runoff or discharge of rain and melted snow or other clean water from roofs, surfaces of public or private lands or elsewhere. It shall not include the flow of any natural watercourse even though such flow is augmented by above-defined stormwater. In general, stormwater shall include only water which is sufficiently clean and unpolluted to admit of being discharged, without treatment or purification, into any natural watercourse without offense.

SUPERINTENDENT

The Superintendent (licensed operator of the wastewater treatment system, of water pollution control, or of public works) of the North Hudson Sewer Authority or Passaic Valley Sewer Authority, or his/her duly appointed deputy, agent or representative.

[Amended 5-21-2013]

SUSPENDED SOLIDS (SS)

The total nonfilterable residue, as defined in Manual of Methods for Chemical Analysis of Water and Wastes, and analyzed in accordance with an approved test procedure.

TOXIC POLLUTANT

Those pollutants, or combinations of pollutants, including disease-causing agents, which, after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly or indirectly by ingestion through food chains, on the basis of information available to the Commissioner of the NJDEP, may cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformation in such organisms or their offspring. Toxic pollutants shall include, but not be limited to, those pollutants designated under Section 307 of the Federal Act or Section 4 of the State Act.[8]

TREATMENT WORKS

Any device or system, whether public or private, used in the storage, treatment, recycling or reclamation of municipal or industrial waste of a liquid nature, including intercepting sewers; outfall sewers; sewage collection systems; cooling towers and ponds; pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well cooling water facilities; any other works, including sites for the treatment process or for ultimate disposal of residues resulting from such treatment; any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of pollutants, including stormwater runoff, or industrial waste in combined or separate stormwater and sanitary sewer systems. The term "treatment works" shall not be construed to include any facility subject to the requirements of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.

TREATMENT WORKS PLANT

That portion of the treatment works designed to provide treatment to wastewater.

WASTEWATER

The liquid and water-carried wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is discharged into or permitted to enter any treatment works.

[1]

Editor's Note: See 33 U.S.C. § 1342.

[2]

Editor's Note: See 33 U.S.C. § 1342.

[3]

Editor's Note: See 33 U.S.C. § 1317.

[4]

Editor's Note: See 33 U.S.C. § 1292.

[5]

Editor's Note: N.J.A.C. 7:14A, Appendix B, was repealed by R. 1997, d. 107, effective 5-5-1997.

[6]

Editor's Note: N.J.A.C. 7:26-12 was repealed by R. 1996, d. 500, effective 10-21-1996, and N.J.A.C. 7:14A-4.2(b)(1) was repealed by R. 1997, d. 107, effective 5-5-1997.

[7]

Editor's Note: N.J.A.C. 7:14A-4, Additional Requirements for an Industrial Waste Management Facility, was repealed by R. 1997, d. 107, effective 5-5-1997.

[8]

Editor's Note: See 33 U.S.C. § 1317 and N.J.S.A. 58:10A-4, respectively.

§ 342-5 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD	Biochemical oxygen demand
CFR	Code of Federal Regulations
COD	Chemical oxygen demand
EPA	Environmental Protection Agency
l	Liter
mg	Milligrams
mg/l	Milligrams per liter (i.e., parts per million)
N.J.A.C.	New Jersey Administrative Code
N.J.S.A.	New Jersey Statutes Annotated
NJPDES	New Jersey Pollutant Discharge Elimination System
NPDES	National Pollutant Discharge Elimination System
POTW	Publicly owned treatment works
SIC	Standard Industrial Classification
TSS	Total suspended solids
USC	United States Code

§ 342-6 Discharge restrictions.

Prohibited discharges. No person shall discharge, deposit, cause or allow to be discharged or deposited into the North Hudson Sewer Authority's or Passaic Valley Sewer Authority's treatment works any wastewater which significantly contributes to a violation of the North Hudson Sewer Authority's or Passaic Valley Sewer Authority's NJPDES permit, or which contains any of the following:

[Amended 5-21-2013]

Oil and grease:

Oil and grease from industrial facilities, in concentrations or amounts violating pretreatment standards; such oil and grease include, but are not limited to, petroleum-based hydrocarbons as determined by silica gel absorption.

Wastewater from commercial and/or industrial facilities containing floatable fats, wax, grease or oil.

(c)

Fats, wax, grease or oil with a total concentration of more than 100 mg/l, 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 treatment works.

Explosive and/or flammable substances: liquids, solids or gases which, by reason of their nature or quantity, may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any way to the treatment works or the operations of the works. Such 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.

Noxious substances: pollutants which, either singly or by interaction with other wastes, are malodorous, are capable of creating a public nuisance or hazard to life or health or whose concentrations prevent their entry into the treatment works.

Improperly shredded garbage: garbage, except domestic wastewater discharged from garbage disposal units in private dwellings, that has not been ground or comminuted to such a degree that all particles float or carry freely in suspension under flow conditions normally prevalent in the treatment works or which contains particles of a size greater than 1/2 inch in any dimension.

Radioactive wastes: all wastes that emit radioactivity to any degree, except such waste that conforms with N.J.A.C. 7:28-11.2.[1]

[1]

Editor's Note: N.J.A.C. 7:28-11.2 was repealed by R. 2008, d. 281, effective 9-15-2008.

Solid or viscous wastes: solid or viscous wastes which may obstruct either the flow of sewerage in the sewer system or the operation of the treatment works. Such wastes include, but are not limited to, grease, improperly shredded garbage, animal guts or tissues, diseased human organs or tissue fluids, 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 and residues from refining or processing of fuel or lubricating oil. Certain wastes may be prohibited at the discretion of the licensed operator.

(7)

Excessive discharge: notwithstanding any other provision of these sections, any pollutant, including oxygen-demanding pollutants, discharged in a volume or strength that may cause interference with the treatment works.

(8)

Toxic discharge: toxic pollutants in a quantity, either singly or by interaction with other pollutants, that passes through or interferes with the treatment works plant or that exceeds standards promulgated by either the EPA pursuant to Section 307(a) of the Act or the NJDEP pursuant to Section 4 of the State Act[2] or that exceeds the maximum permissible concentrations specified in Table 1 below.

[2]

Editor's Note: See 33 U.S.C. § 1317(a) and N.J.S.A. 58:10A-4, respectively.

(9)

Certain stormwater: stormwater, including surface water and groundwater, either discharged by gravity or from sump pumps, except where the user is served by combined sewers and cannot discharge this water directly to a surface watercourse.

(10)

Discolored materials: wastes that may cause the water of the treatment works to exceed appropriate color criteria.

(11)

Substances interfering with sludge management: any substance which may cause sludge to be unsuitable for reclamation and reuse; which may interfere with the reclamation process of the POTW; which may preclude the POTW from selecting the most cost-effective alternative for sludge disposal; or which may cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act,[3] or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act,[4] the Clean Air Act,[5] the Toxic Substances Control Act[6] or, to the extent practicable, the "New Jersey Guidelines for the Utilization and Disposal of Municipal and Industrial Sludges and Septage."

[3]

Editor's Note: See 33 U.S.C. § 1345.

[4]

Editor's Note: See 42 U.S.C. § 6901 et seq.

[5]

Editor's Note: See 42 U.S.C. § 7401 et seq.

[6]

Editor's Note: See 15 U.S.C. § 2601 et seq.

(12)

Corrosive wastes: any waste which may cause corrosion or deterioration of the treatment works, including, but not limited to, concentrated acids, alkalies, sulfides, chloride and fluoride compounds and substances which will react with water to form products which have a pH value lower than 6.0 standard units or greater than 9.0 standard units.

(13)

Heat: heat which may inhibit biological activity in the treatment works, including, but not limited to, heat of a temperature in excess of 65° C., 150° F., at the sewer connection or 400° C., 104° F., at the treatment works plant.

Limitations on wastewater discharges.

Table 1 limitations. Table 1 presents the maximum concentrations of certain pollutants allowable in wastewater discharged to the treatment works by any discharger. Dilution of any wastewater discharge for the purpose of satisfying these requirements shall be considered a violation of this section. The North Hudson Sewer Authority or Passaic Valley Sewer Authority reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the treatment works if deemed necessary to comply with objectives presented in § 342-2.

[Amended 5-21-2013]

Table 1 Maximum Permissible Concentration
Pollutant	Daily Maximum (mg/l)
Ammonia	100
Arsenic	0.1
Cadmium	0.7
Chromium (total)	3.0
Chromium (hexavalent)	0.5
Copper	3.4
Cyanide	1.2
Lead	0.7
Mercury	0.01
Nickel	4.0
Phenols	10.0
Silver	0.5
Zinc	3.0

§ 342-7 Control of prohibited wastes; accidental discharges.

Design parameters. No significant industrial user shall discharge wastes with a pH less than 6.0 or greater than 9.0, or in excess of the limitations given either in Table 1 or below, without having first obtained a special permit pursuant to § 342-9D.

Pollutant	Daily Maximum (mg/l)
BOD	250
TSS	190
Oil and grease	100

Federal Categorical Pretreatment Standards. If the federal standard for a particular industry, pursuant to the Federal Categorical Pretreatment Standard, and/or a state standard is more stringent than the standard imposed under this article, then the federal and/or state standard shall apply. Affected industrial users shall comply with the appropriate standard within the stated compliance deadline. NJDEP shall attempt to notify affected industrial users of the applicable reporting requirements under 40 CFR 403.12, but failure to notify does not relieve such persons of the obligation to comply with such reporting requirements.

Federal and state requirements. Federal and state requirements and limitations on discharges shall apply in any case where they are more stringent than limitations contained in this article.

Excessive discharge. No industrial user shall in any way dilute a discharge to achieve compliance with Federal Categorical Pretreatment Standards, state limitations or any other pollutant-specific limitation contained in this article.

Residential wastewater. All residences shall be connected to the POTW. Where residential sewer service is unavailable, such residences shall be connected to the POTW within 180 days after residential sewer service becomes available to such property.

Connections. All new sewers and connections to the POTW shall be properly designed and constructed in accordance with all applicable federal, state and local rules and regulations.

Regulatory actions. If wastewaters containing any prohibited substance exceeding prescribed limits or violating restrictions imposed by § 342-6 of this article are discharged, or proposed to be discharged into the treatment works of the North Hudson Sewer Authority or Passaic Valley Sewer Authority, the licensed operator may take any of the following actions necessary to protect the treatment works:

[Amended 5-21-2013]

Prohibit the discharge of such wastewater.

Require the discharger to demonstrate that in-plant modifications will bring such discharge into conformance with this article.

Require pretreatment, including, but not limited to, storage facilities or flow equalization necessary to ensure compliance with this article.

Require the discharger to pay all additional costs of damage incurred by North Hudson Sewer Authority or Passaic Valley Sewer Authority as a result of such excess loads.

Take such other remedial action, including, but not limited to, discontinuation of service and/or injunctive relief, as may be deemed to be desirable or necessary to achieve the purpose of this article.

Accidental discharges.

Preventive measures. Each industrial user shall provide protection against accidental discharge of prohibited materials or substances regulated by this article, including, but not limited to, protective facilities. Such industrial users shall provide and maintain such protective facilities at their expense. Upon the request of the licensed operator, the industrial user shall submit detailed plans prior to construction showing facilities and operating procedures for review and comment by the licensed operator.

Notification; containment.

In the case of an accidental discharge by an industrial user of prohibited materials or other substances regulated by this article, or if for any reason an industrial user does not comply, or will be unable to comply, with any prohibition or limitation in this article, the industrial user responsible for such discharge shall immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume.

Furthermore, such industrial user shall take immediate action to contain and minimize the accidental discharge to the POTW.

Report; damages.

North Hudson Sewer Authority or Passaic Valley Sewer Authority may require the industrial user to submit to the licensed operator a detailed written report of an accidental or noncomplying discharge describing the date, time, cause, quantity and characteristics of the discharge, any corrective action already taken and any preventative measures to be taken to prevent similar future occurrences.

[Amended 5-21-2013]

Such notification shall not relieve the industrial user of liability for any damage to person or property, nor shall such notification relieve the industrial user of fines, civil penalties or other liability which may be imposed under any applicable law.

§ 342-8 Miscellaneous regulations.

Wastewater discharge. It shall be unlawful for any industrial user to discharge sewerage combined with wastes directly or indirectly into the treatment works without having satisfied all applicable terms of this article.

§ 342-9 Administrative requirements.

Wastewater discharge data disclosure. All industrial users proposing to connect into or discharge sewage into the treatment works shall complete and file with the licensed operator a disclosure declaration in the form prescribed herein. Existing industrial users shall file disclosure forms within 90 days after the effective date of this article; proposed new industrial users shall file disclosure forms at least 120 days prior to connecting to the treatment works. The disclosure to be made by the user shall include:

Name, address and location of the industrial user.

Name and phone number of contact person.

Standard Industrial Classification (SIC) Code.

Description of activities and products manufactured.

Average daily wastewater flow or water consumption.

Nature and concentration of pollutants or materials regulated by this article.

Data disclosure by significant industrial users.

Significant industrial users are required, upon request, to submit the following information to the Superintendent:

Disclosure of name, address and location of the industrial user.

Disclosure of Standard Industrial Classification (SIC) Code.

(c)

Disclosure of wastewater constituents and characteristics, including, but not limited to, those mentioned in this article, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the EPA and contained in 40 CFR Part 136.

(d)

Disclosure of time and duration of discharges.

(e)

Disclosure of average daily and, at the discharger's discretion, instantaneous peak, wastewater flow rates, in gallons per day, including any daily, monthly and seasonal variations. All flows shall be measured unless other techniques approved by the North Hudson Sewer Authority or Passaic Valley Sewer Authority are used.

[Amended 5-21-2013]

(f)

Disclosure of site plans and details of all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation and, if necessary, floor plans, mechanical and plumbing plans.

(g)

Description of activities, facilities and plant processes on the premises, including all materials which are or may be discharged to the sewers or treatment works.

(h)

Disclosure of the nature and concentration of any pollutants or materials prohibited by this article in the discharge, together with a statement stating whether or not compliance with this article is being achieved on a consistent basis and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the industrial user to comply with this article.

(i)

Where additional pretreatment and/or operation and maintenance activities will be required to comply with this article, the significant industrial user shall provide a declaration of the schedule by which it will most expediently provide such additional pretreatment and/or implementation of additional operational and maintenance activities.

(j)

Disclosure of the type, amount, process and rate of production of each product produced by the significant industrial user where such information is necessary to determine compliance with discharge limitations.

(k)

Disclosure of the type and amount, in average per day and maximum per day, of raw materials utilized.

All disclosure forms shall be signed by an authorized representative of the user and a qualified engineer holding a New Jersey state license.

Industrial discharge permits.

Application; time; form. Existing significant industrial users shall apply for an industrial discharge permit, hereinafter called "permit," within 90 calendar days after the effective date of this article. New significant industrial users, as defined by N.J.A.C. 7:14A-1.1 et seq., shall apply for the permit at least 120 days prior to their connection into the treatment works. All significant industrial users who discharge sewage shall do so in accordance with the terms and conditions of the permit. The application form and required information for such permit shall be at the discretion of Union City.

Approval or denial. Union City shall evaluate such application and either approve and issue the permit, deny the permit or require the submission of additional information. Notice of denial of completed applications shall be made expeditiously. Approvals may be subject to certain requirements, the failure of which may result in revocation of the permit.

Terms and conditions. Permits shall be expressly subject to all provisions and conditions of this article and all other rules, regulations, user charges and fees which are in effect or which may be established by Union City. The following terms may be imposed by Union City in the issuance of the permit:

Limitations upon the characteristics, quantities and the rate of flow of wastes.

The installation and maintenance by the permittee, at its sole expense, of:

[1]

Facilities or equipment for measurement of sewage, industrial wastes or other wastes discharged.

[2]

Detention tanks or other facilities or equipment for reducing the maximum rates of discharge.

[3]

Pretreatment and flow-control facilities with suitable control or sampling methods.

[4]

Grease, oil and sand interceptors, separators or traps.

(c)

The submission to and approval by the North Hudson Sewer Authority or Passaic Valley Sewer Authority of plans and specifications for any of the facilities or equipment required to be installed and maintained by the permittee and compliance schedules for the installation and maintenance of these facilities.

[Amended 5-21-2013]

(d)

Maintenance of appropriate records of all measurements made by the permittee of sewage, industrial wastes or other wastes, as specified by Union City, with access thereto by Union City.

(e)

The periodic submission to Union City of reports setting forth adequate data of the contents of the discharge, from which the North Hudson Sewer Authority or Passaic Valley Sewer Authority may determine, prior to the commencement of operation of any pretreatment or flow-control facilities, the acceptability of the sewage, industrial wastes or other wastes.

[Amended 5-21-2013]

(f)

Specifications for monitoring programs which may include, but are not limited to, location, frequency and method of sampling, and number, type and standards for tests and reporting schedules.

(g)

Requirements for notification of Union City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the treatment works.

(h)

Fees which reflect the cost of permit issuance and the added cost of handling and treating the waters or wastes and administering the industrial pretreatment program, which fees are not covered by existing sewer charges.

(i)

Requirements for notification of accidental discharges.

(j)

Such other terms and conditions as may be necessary to protect the treatment works and to carry out the intent and provisions of this article.

Duration of permit. Permits shall be issued for a specified time period, but not to exceed five years. The permittee shall submit such information, forms and fees as are required by Union City for renewal no later than 180 days prior to the date of expiration. If the permittee is not notified by Union City 30 days prior to the expiration of the permit, the permit shall be extended until such time as Union City reissues or denies a new permit.

Transfer prohibited. A permit shall not be reassigned, transferred or sold to a new owner, new user, different premises or a new or changed operation.

Revocation. Any permittee who violates any conditions of the permit, this article, or any applicable state or federal regulation is subject to revocation of its permit.

(7)

Modification of terms of permit by Union City. The terms and conditions of the permit may be subject to modification and change at any time by Union City. The permittee shall be informed of any proposed changes at least 30 days prior to the effective date of change. Any change or new conditions in the permit shall include a reasonable time schedule for compliance.

(8)

Modification of terms by permittee. An industrial user proposing to make a significant change in its discharge rate or other characteristic shall apply for a permit modification at least 90 days prior to making any changes. The permittee may request, by certified mail, a hearing to show cause why a permit should be modified.

Excessive discharge; special permit. Any discharger who proposes to discharge wastes in excess of the limitations given in § 342-6B(1), Table 1, or in § 342-6B(2) of this article shall apply to the Superintendent for a special permit prior to any such discharge. The Superintendent shall issue a special permit after determining on a case-by-case basis that the discharge will not:

Overload or interfere with the POTW.

Result in a violation of or exacerbate an already existing violation of the NJPDES or other state or federal permits or applicable consent order or judgment.

Result in violation of applicable water quality criteria.

Liquid waste haulers. It shall be unlawful for any person to discharge holding tank waste without first obtaining the written approval of the licensed operator. All liquid waste haulers shall discharge only at the point designated by the licensed operator and shall comply with all the provisions of this article and the industrial discharge permit.

Records and monitoring.

Maintenance of records. All industrial users who discharge or propose to discharge wastewaters to the treatment works shall maintain such records of production and related factors, effluent flows and pollutant amounts or concentrations as are necessary to demonstrate compliance with the requirements of this article and any applicable state or federal pretreatment standard or requirement.

Availability of records. Such records, or a summary of such records, shall be made available upon request by the licensed operator. All such records relating to compliance with pretreatment standards shall be made available to officials of the NJDEP and the EPA upon demand All records shall be retained for a minimum of five years and/or throughout the course of any related litigation.

Monitoring discharge. The owner or operator of any facility discharging industrial wastes into the treatment works shall install, at his/her expense, suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of such wastes. Such equipment shall at all times be maintained in proper working order and kept safe and secure from unauthorized entry or tampering and accessible to authorized personnel. This provision does not preclude Union City from installing such equipment at its own expense.

Individual monitoring of common sewer. When more than one industrial user can discharge into a common sewer, the licensed operator may require installation of separate monitoring equipment for each industrial user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single industrial user, the licensed operator may require that separate monitoring equipment be installed for each operation.

Standards for monitoring facilities; prior approval. All monitoring facilities, whether on public or private property, shall be constructed in accordance with North Hudson Sewer Authority or Passaic Valley Sewer Authority requirements and all applicable construction standards and specifications. Plans and specifications for all such work shall be submitted to the licensed operator for approval and conforming to pretreatment requirements prior to construction.

[Amended 5-21-2013]

Admission to property; inspection, sampling and analysis.

Access to premises. The licensed operator, or its authorized representative, upon presentation of appropriate credentials, may enter upon the premises of any discharger at any time for the purpose of inspection of the premises and/or measuring, sampling and/or testing any discharge of wastewater to the treatment works in order to determine compliance with the requirements of this article and/or any federal, state or local statutes, regulations or ordinances.

Access to sampling point. All industrial users proposing to connect or continue to discharge into any part of the treatment works shall make available, upon request of the licensed operator, a sampling point which is representative of the discharge and is acceptable to, and approved by, the licensed operator. This point must be available to the POTW for purposes of conducting sampling inspections, compliance monitoring and/or metering operations.

Sampling. Compliance determinations by the licensed operator with respect to the prohibitions and limitations set forth in § 342-6 shall be made on the basis of either instantaneous grab samples, sequential samples or composite samples. Sequential or composite samples may be taken over a twenty-four-hour period, or any other time span as deemed appropriate by the licensed operator to meet the requirements of a specific situation.

Analysis. Laboratory analyses of industrial wastewater samples shall be performed in accordance with an approved test procedure, as defined in § 342-4 herein. Analyses shall be performed by a laboratory certified by the NJDEP to do the analyses and at such intervals as the licensed operator may designate.

Confidential information and public access.

Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits, monitoring programs or inspections shall be made available to the public without restriction, unless the industrial user specifically requests otherwise and is able to demonstrate to the satisfaction of Union City that the release of such information would divulge information, processes or methods of production entitled to protection as either trade secrets or business confidentiality. Wastewater constituents and characteristics, including, but not limited to, effluent data, will not be recognized as confidential information.

Union City shall serve upon the furnisher of such confidential information by certified mail, return receipt requested, written notice of its intent to disclose such information and the person who properly requested such information at least 10 calendar days prior to such disclosure. Union City shall submit the claim of confidentiality with the information to the requesting person.

§ 342-10 Enforcement procedures; violations and penalties.

Nonconfidential files on both users and the pretreatment program are open for public inspection. Requests for such review are to be made in writing, and appointments may be required.

Suspension of service.

[Amended 5-21-2013]

Union City may suspend the wastewater treatment service and/or any permit when, in the opinion of Union City, such suspension is necessary in order to halt 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, which may cause interference to the POTW or which may cause North Hudson Sewer Authority or Passaic Valley Sewer Authority to violate any condition of its NJPDES permit.

Any person notified of a suspension of the wastewater treatment service and/or the industrial discharge permit shall immediately stop or eliminate its discharge. In the event of a failure to voluntarily comply with the suspension order, Union City may take such steps as are deemed necessary, including, but not limited to, immediate severance of the sewer connection to prevent or minimize damage to the North Hudson Sewer Authority or Passaic Valley Sewer Authority system or endangerment to any individuals. Union City shall reinstate the wastewater treatment service and/or industrial discharge permit upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the discharger describing the causes of the harmful contribution and the measures taken to prevent future occurrence shall be submitted to Union City within 15 days of the date of occurrence.

Termination of service. In addition to termination as provided in § 342-10A, any discharger who violates the following conditions of this article, or any applicable state or federal statutes or regulations, is subject to having its service terminated or any permit suspended or revoked:

Failure of an industrial user to report the constituents of its discharge;

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

Violation of any provision of this article or the industrial discharge permit.

Legal action.

Any person who is found to have willfully or negligently failed to comply with any provision of this article, or the orders and permits issued hereunder, may be subject to civil action in accordance with the provisions of New Jersey state statutes. Each day on which a violation occurs or continues to occur shall be deemed a separate and distinct offense. Violators may be subject to a penalty of up to $1,000 for each offense. Violators of offenses resulting in or exacerbating violations of POTW NJPDES, air or other state or federal permit, consent order or judgment may be subject to a penalty by the POTW of up to $10,000 for each offense, plus damages, including, but not limited to, legal fees.

Upon finding any violation of this article, or of limitations or requirements contained herein, the licensed operator shall serve upon such violator written notice stating the nature of the violation and provide a reasonable time, but not to exceed 30 calendar days, for the satisfactory correction thereof. If the user cannot achieve compliance within 30 calendar days, then the user shall submit a response stating why it cannot so comply and, if necessary, shall submit, within such 30 days, an application for issuance or revision of a permit or other approval as may have been granted. Union City may suspend sewer service without such notification when such suspension is necessary, in the opinion of Union City, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of the community.