The Township has developed an enforcement response plan, which is incorporated into this chapter as Appendix A[1] and shall be subject to modification as needed in order to keep it consistent with federal and/or state laws and regulations. This plan contains detailed procedures indicating how the Township will investigate and respond to instances of nondomestic wastewater user noncompliance. The plan, at a minimum:
A. 
Describes how the Township will investigate instances of noncompliance;
B. 
Describes the types of escalating enforcement responses the Township will take in response to all anticipated types of nondomestic wastewater user violations and the time periods within which responses will take place;
C. 
Identifies (by title) the official(s) responsible for each type of response; and
D. 
Adequately reflect the Township's primary responsibility to enforce all applicable pretreatment requirements and standards, as detailed in 40 CFR 403.8(f)(1) and (f)(2).
[1]
Editor's Note: Appendix A is attached to this chapter.
The Township may without notice amend any or all articles and/or sections of this chapter if deemed necessary to keep said chapter in conformance with federal, state, regional or local statutes, regulations, codes or directives.
A. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the Township that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
B. 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to the EPA and/or the DEP for uses related to this chapter, the NJPDES and/or the state or federal pretreatment programs; provided, however, that such portions of a report shall be available for use by the state in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
C. 
Information accepted by the Township as confidential shall not be transmitted to any governmental agency by the Township until and unless a ten-day notification is given to the user.
D. 
Township nonconfidential files on users and pretreatment programs are open for inspection during normal office hours. Arrangements to review these files must be made in advance by contacting the Department of Water Pollution Control. All requests to review the files or obtain nonconfidential information shall be in writing.
A. 
Remedies nonexclusive. The provisions of Articles XI and XII are not exclusive remedies. The Township reserves the right to take any, all or any combination of these actions against a noncompliant user. The Township is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.
B. 
Enforcement options. Nothing in this article is to be construed as barring the Township from seeking any other form of enforcement, relief or remedy to which it is legally entitled, including any other remedies available to it under statute or common law.
Acceptance by the Township into the POTW of sewage or other wastes in volume or at a rate or with characteristics exceeding or violating any pretreatment standard or pretreatment requirements provided for, by or pursuant to the foregoing changes in one or more instances or under one or more circumstances shall not constitute a waiver of such pretreatment standards or pretreatment requirements or of any of the provisions of the foregoing chapter and shall not in any way obligate the Township thereafter to accept or make provision for sewage or wastes delivered into the POTW in a volume or at a rate or with characteristics exceeding or violating any such pretreatment standard or pretreatment requirements in any other instance or under any other circumstances.
The headings used herein are for convenience only and are not intended to, nor do they, confer any substantive rights on any person.
No unauthorized person(s) shall open, use, alter or disturb any sanitary sewer or appurtenances thereof without first obtaining written permission from the Department of Water Pollution Control of the Township. This prohibition includes, but is not limited to, the lifting of sewer manhole covers and opening of sewer cleanouts. Any ordinance or ordinances in conflict with the provisions of this chapter are repealed to the extent of such conflict. This chapter shall become effective immediately upon final adoption and publication thereof according to law.