[Adopted 12-13-1977 by Ord. No. MC 2518 (Ch. 161, Art. II, of the 1981
Revised Code)]
"Joint Meeting" shall mean the municipalities of the City of
East Orange, the Township of Hillside, the Town of Irvington, the
Township of Maplewood, the Township of Millburn, the City of Newark,
the Borough of Roselle Park, the Village of South Orange, the City
of Summit, the Township of Union and the Town of West Orange, organized
in Joint Meeting pursuant to N.J.S.A. 40:63-68 et seq., under the
terms of a contract dated June 1, 1926, as amended and supplemented,
in the matter of a joint outlet and trunk sewer and treatment plant
for the sewage emanating from said municipalities.
The purpose of this article is to impose an industrial cost
recovery charge, as hereinafter defined, on all industrial users of
the Joint Meeting system, and to provide for the collection of said
charges.
As used in this article, the following terms shall have the
meanings indicated:
INDUSTRIAL COST RECOVERY CHARGE
The recovery from industrial users of the treatment works
of the federal grant portion of the cost of construction of the treatment
works, allocable to the treatment of waste contributed by such users,
as defined in the federal statutes and regulations. The portion allocable
to each such user shall be payable in equal annual installments in
the sum of 1/30 of said portion for a period of 30 years, after which
said payments shall cease and come to an end.
A. An annual minimum industrial cost recovery charge shall be assessed
against all industrial waste contributors discharging industrial wastes
into the system in the sum of $100, unless said industrial waste contributor
is subject to a greater charge under the terms of this article.
B. The annual industrial cost recovery charge shall be a fixed cost
per million gallons of flow, a fixed cost per pound for suspended
solids and/or a fixed cost per pound of biochemical oxygen demand,
as shown following:
|
Flow
|
$240
|
Cost/1,000 gallons
|
|
BOD
|
$85
|
Cost/pound of BOD
|
|
SS
|
$75
|
Cost/pound of SS
|
C. Industries which on any day exceed a flow of 2,000 gallons or 20
pounds per day of five-day biochemical oxygen demand or 20 pounds
per day of suspended solids shall, on a quarterly basis, report said
flow, five-day biochemical oxygen demand or suspended solids concentration
to the Joint Meeting for the purposes of determining the annual cost
recovery charge for said industry. Said reports shall be filed on
January 1, April 1, July 1 and October 1 of each year. The Joint Meeting
shall establish uniform regulations for sampling and analyses.
D. The Joint Meeting, at its option, may elect to sample and analyze
the contribution from any industry to verify the quarterly reports
submitted.
E. All tests shall be performed in accordance with the latest edition
of Standard Methods for the Examination of Water and Wastewater at
the time tests are made.
The Joint Meeting, at its option, may require an industry to
install metering and monitoring facilities at the expense of the industry
involved for the purpose of obtaining representative samples of an
industry's wastewater contribution to the Joint Meeting System.
A. Entry and access to all industrial facilities for the purposes of
monitoring and sampling an industry's discharge shall be granted
by the industry to the authorized representatives of the Joint Meeting
or its duly authorized agents.
B. The Joint Meeting may monitor and sample an industry or industries
without prior warning for the purpose of determining the contributions
of flow, biochemical oxygen demand and suspended solids, so that it
may compute any industry's share of the industrial cost recovery
charge.
C. Entry to premises and monitoring referred to herein shall be as provided
in the Federal Water Pollution Act of 1972.
Industries whose sole flow consists of the discharge from sanitary
conveniences are exempt from industrial cost recovery charges upon
satisfactorily demonstrating to the Joint Meeting that they qualify
as a nonprocess "dry industry."
New industrial users which commence operations after the start
of the industrial cost recovery system shall also be subject to industrial
cost recovery charges, reduced by the ratio of the capacity used,
multiplied by the ratio of its period of use remaining, to the total
cost recovery period of 30 years.
Discontinuance by an industry of its use of the treatment works
shall relieve said industry of further industrial cost recovery charges,
unless use thereof is thereafter resumed. The remaining industries
shall not be required to assume the portion of the industrial cost
recovery charge unrecovered due to said discontinuance.
Appeal from the industrial cost recovery charge involving the
reasonableness of the allocations and cost recovery assessments shall
be made in writing by an industry affected, by notice to the Executive
Director of the Joint Meeting, by sending said notice by certified
mail, return receipt requested. The Joint Meeting shall give said
industry notice of a hearing on said appeal at least 10 days before
the date thereof. The Joint Meeting shall determine said appeal within
90 days after the date of said hearing. Notice of said determination
shall be forwarded to said industry by certified mail, return receipt
requested.
In the event the sewage collection system or the treatment works
of the Joint Meeting are expanded in the future, the respective industrial
user's share for such expansion shall be subject to a cost recovery
charge for the cost of said expansion, to be calculated both as herein
provided and as provided in the Water Pollution Act of 1972. The total
industrial cost recovery charge shall thereupon be adjusted for each
industrial user.
All industrial cost recovery charges shall become due and payable
on the first day of February, May, August and November of each year
on a quarter-annual basis, and shall be paid to the Town of Irvington,
New Jersey. The annual charge to each industrial user shall be determined
by the Joint Meeting. Said Town of Irvington, New Jersey, shall remit
said sums collected to the Joint Meeting within 30 days after they
become due and payable.
The industrial cost recovery charges provided for herein shall
become due and payable from and after the first day of January following
the completion by the Joint Meeting of the secondary treatment plant.
Anything herein contained to the contrary notwithstanding, it
is the intention of this article that any reference to "treatment
works," "treatment system" or "treatment plant" shall be construed
to refer to a "public sewage treatment plant" and shall mean any structure
or structures by means of which domestic or industrial wastes are
subject to any artificial process in order to remove or so alter constituents
as to render the wastes less offensive or dangerous to the public
health, comfort or property of any of the inhabitants of this state
before the discharge of the plant effluent into any waters of this
state.
For the purpose of enforcing the provisions of this article
and the rules and regulations of the Joint Meeting relating thereto,
the Joint Meeting operating said public sewage treatment plant shall:
A. Require that any person, corporation or municipality desiring to
make any sewage connection or to discharge or continue to discharge
sewage which includes or consists of industrial wastes into such public
sewage treatment plant make application therefor in writing on forms
provided by said Joint Meeting.
B. Adopt rules and regulations setting forth the information required
to be stated in the application therefor, in order to provide full
information as to the quantity, character and composition of any sewage
which may be discharged into the public sewage treatment plant, and
establishing requirements and procedures for prompt amendment of said
application in the event of significant changes in the quantity, character
or composition of such sewage.
C. Make or cause to be made inspection of the discharging facilities
of any person, corporation or municipality who may be discharging
sewage or permitting sewage to be discharged into sewerage systems
under the jurisdiction of the Joint Meeting.
If any person, corporation or municipality violates any of the
provisions of this article or rules and regulations promulgated by
the Joint Meeting, the Joint Meeting may institute a civil action
in the Superior Court for injunctive relief to prohibit or prevent
such violations and the Court may proceed in the action in a summary
manner.
In the event of the violation of any of the provisions of this
article, said violator shall be subject to the penalties set forth
in N.J.S.A. 58:11-55.