Whenever the Township finds that any person or user has violated,
or is violating, this chapter, an IWD permit or any prohibition, limitation
or requirement contained herein, the Township may serve upon such
person or user a written notice of violation. Whenever the Township
finds that any user is in violation of any provision of this chapter,
the Township may issue an order requiring such user to comply, specifying
the provision or provisions of the chapter, New Jersey Water Pollution
Control Act, or the rule, regulation, water quality standard, effluent
limitation, or permit of which the user is in violation, citing the
action which caused such violation; requiring compliance with such
provision or provisions within a reasonable time, not to exceed 30
days; and giving notice to the person or user of his right to a hearing
on the matters contained in the order.
A.
The Township may enter into consent orders, assurances of voluntary
compliance, or other similar documents establishing an agreement with
any user responsible for noncompliance. Such documents will include
specific action to be taken by the user to correct the noncompliance
within a time period specified by the document.
B.
The Township shall afford an opportunity to any person to comment
on a proposed administrative consent order prior to final adoption
if the administrative consent order would establish interim enforcement
limits that would relax pretreatment standards established in an IWD
permit or a prior administrative order. The Township shall provide
public notice of the proposed administrative consent order and announce
the length of the comment period, which shall not be less than 30
days, commencing from the date of publication of the notice. A notice
shall also include a summary statement describing the nature of the
violation necessitating the administrative consent order and its terms
or conditions, shall specify how additional information on the administrative
consent order may be obtained, and shall identify to whom written
comments are to be submitted. At least three days prior to publication
of the notice, a written notice, containing the same information to
be provided in the published notice, shall be mailed to the mayor
or chief executive officer and governing body of the municipality
and county in which the violation occurred, and to any other interested
person, including any other governmental agencies. The Township shall
consider the written comments received during the comment period prior
to final adoption of the administrative consent order. Not later than
the date that final action is taken on the proposed order, the Township
shall notify each person or group having submitted written comments
of the main provisions of the approved administrative consent order
and respond to the comments received therefrom.
C.
The Township, on its own initiative or at the request of any person submitting written comments pursuant to Subsection B, may hold a public hearing on a proposed administrative order or administrative consent order prior to final adoption if the order would establish interim enforcement limits that would relax for more than 24 months pretreatment standards established in an IWD permit or a prior administrative order or administrative consent order. Public notice for the public hearing to be held pursuant to this section shall be published not more than 30 days and not less than 15 days prior to the holding of the hearing. The hearing shall be held in the municipality in which the violation necessitating the order occurred. The Township may recover all reasonable costs directly incurred in scheduling and holding the public hearing from the person requesting or requiring the interim enforcement limits.
D.
If any user or person is found discharging sewage into the POTW in
violation of the provisions of the Act, this chapter, or any other
applicable regulations, the Township may, in addition to any other
remedies outlined in this chapter, take such steps as may be necessary
to seal or close off such sewerage connections from the POTW until
it is satisfied that adequate measures have been taken to prevent
the recurrence of such violation.
A.
If the violation is not corrected by timely compliance, the Township
may order any person who causes or allows an unauthorized discharge
to show cause why service should not be terminated. A notice shall
be served on the offending party, specifying the time and place of
a hearing to be held regarding the violation, the reasons why the
action is to be taken, the proposed enforcement action, and directing
the offending party to show cause why the proposed enforcement action
should not be taken. The notice of the hearing shall be served personally
or by registered or certified mail, return receipt requested, at least
10 days before the hearing. Service may be made on any agent or officer
of a corporation.
B.
The hearing officer shall conduct the hearing and take the evidence
or may designate any employee of the Department of Water Pollution
Control to:
(1)
Issue notices of hearings requesting the attendance and testimony
of witnesses and the production of evidence relevant to any matter
involved in any such hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including transcripts/records
and other evidence, together with recommendations for action thereof.
C.
At any public hearing, testimony taken must be under oath and recorded
either by the hearing officer in a summary manner or stenographically.
In the latter case, 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.
D.
After the hearing officer has reviewed the evidence, he/she may issue
an order to the party responsible for the discharge, directing that,
following a specified time period, the sanitary sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed, or existing treatment facilities, devices
or other related appurtenances are properly operated, and such further
orders and directives as are necessary and appropriate.
A.
The Township may immediately suspend a user's discharge, after informal
notice to the users, whenever such suspension is necessary to stop
an actual or threatened discharge which reasonably appears to present
or cause an imminent or substantial endangerment to the health or
welfare of persons. The Township may also immediately suspend a user's
discharge, after notice and opportunity to respond, that threatens
to interfere with the operation of the POTW or which presents, or
may present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately
stop or eliminate its contribution. In the event of the user's failure
to immediately comply voluntarily with the suspension order, the Township
may take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW,
its receiving stream, or endangerment to any individuals. The Township
may allow the user to recommence its discharge when the user has demonstrated
to the satisfaction of the Township that the period of endangerment
has passed.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any further occurrence to the Township prior to the date of any show cause or termination hearing under §§ 385-42 and 385-44 of this chapter.
B.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
In addition to the provisions in § 385-40, any user who violates the following conditions is subject to discharge termination:
A.
Violation of IWD permit conditions;
B.
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
C.
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge;
D.
Refusal of reasonable access to the user's premises for the purpose
of inspection, monitoring or sampling; or
