Township of Irvington, NJ Discharge of Groundwater to Sanitary Sewer

(1)

The proposed discharger or applicant has filed an application for and has been issued a nondomestic wastewater discharge permit ("permit") by the Joint Meeting.

(2)

For long-term, continuous discharges, the Township of Irvington (hereinafter referred to as "municipality"), at the election of the municipality, the proposed discharger or applicant (hereinafter "applicant") will be required to identify and eliminate two gallons of infiltration/inflow to the Joint Meeting Wastewater Treatment Facilities for each gallon of groundwater to be delivered into the Joint Meeting Wastewater Treatment Facilities on a daily average over the life of the remediation project discharge (two-to-one offset).

(a)

The location(s) of the remedial work to be performed by the applicant shall be identified by the use of the Phase III Sewer System Evaluation Report, prepared by Hazen and Sawyer, dated August 1983, and as supplemented, which was previously distributed by the Joint Meeting to each member municipality in the Joint Meeting service area, or such other report as may be available in the case of nonmember municipalities.

(b)

The remedial work to be performed by the applicant shall be completed within a time period that shall not exceed 1/2 of the time frame of the remediation project discharge estimated by the proposed discharger or applicant and approved by the municipality and the Joint Meeting. In the event that extraordinary, unforeseen circumstances occur that will affect the ability of the applicant to meet the time period previously agreed upon by the parties for completion of the infiltration/inflow remedial work, the applicant may seek an extension of the time period through the filing of a written request not less than 60 days before a previously defined and agreed-upon milestone, fully describing the extraordinary, unforeseen circumstances and specifying the additional time necessary to complete the remedial work as a result thereof. Such requests for extensions will be considered by the Joint Meeting on a case-by-case basis, and an extension of time shall not be unreasonably withheld.

(c)

An applicant may not discharge groundwater to the Joint Meeting Wastewater Treatment Facilities until it has obtained a permit and an agreement is reached between the Joint Meeting and the municipality and/or the applicant upon the terms of the remediation work to be performed to satisfy the two-to-one-offset policy set forth in this regulation.

(d)

At intervals to be mutually agreed upon by the applicant and the Joint Meeting, the applicant shall be required to demonstrate, in written progress reports, to the satisfaction of the Joint Meeting, that the applicant is making definable progress in performing the remedial work so as to be able to complete the work within the time frame established in accordance with Subsection B(2)(b) above.

(e)

After the time that the location(s) of the remedial work is identified by the municipality and agreed to by the Joint Meeting, but prior to the initiation of the remedial work, the applicant will be required to submit proof to the Joint Meeting that a performance bond in the amount of 100% of the value of the remedial work and naming the Joint Meeting as a co-obligee has been issued to ensure that such work is completely performed.

(3)

Short-term, batch discharges.

(a)

For short-term, batch discharges, the applicant will be required to identify and eliminate two gallons of infiltration/inflow into the Joint Meeting Wastewater Treatment Facilities for each gallon of groundwater to be delivered to the Joint Meeting Treatment Works on a daily average over the life of the remediation project discharge (two-to-one offset).

(b)

The material to be discharged from the site of the remediation project may be delivered in tanker vehicles to the Joint Meeting Wastewater Treatment Facilities in Elizabeth, New Jersey, for direct discharge at a rate of $0.03 per gallon (for example, $150 per five-thousand-gallon trailer), to compensate Joint Meeting for the costs to sample, monitor and process the discharge. The use of this option will be at the reasonable discretion of the Joint Meeting in order to avoid the arrival of a number of trailers that will adversely impact the performance of treatment operations by the Joint Meeting.

(4)

In the event that the two-to-one-offset option is selected with respect to short-term, batch discharges, then the following procedures shall apply:

(a)

The location(s) of the remedial work to be performed by the applicant shall be identified by the municipality and agreed to by the Joint Meeting through the use of the Phase III Sewer System Evaluation Report, prepared by Hazen and Sawyer, dated August 1983, and as supplemented, which was previously distributed by the Joint Meeting to each member municipality in the Joint Meeting service area, or such other report as may be available in the case of nonmember municipalities.

(b)

The remedial work to be performed by the applicant shall be completed within a time period that shall not exceed 1/2 of the time frame of the remediation project discharge estimated by the proposed discharger or applicant and approved by the municipality and the Joint Meeting. In the event that extraordinary, unforeseen circumstances occur that will affect the ability of the applicant to meet the time period previously agreed upon by the parties for completion of the infiltration/inflow remedial work, the applicant may seek an extension of the time period through the filing of a written request not less than 60 days before a previously defined and agreed-upon milestone, fully describing the extraordinary, unforeseen circumstances and specifying the additional time necessary to complete the remedial work as a result thereof. Such requests for extensions will be considered by the Joint Meeting on a case-by-case basis, and an extension of time shall not be unreasonably withheld.

(c)

An applicant may not discharge groundwater to the Joint Meeting Wastewater Treatment Facilities until it has obtained a permit and an agreement is reached between the Joint Meeting and the municipality and/or the applicant upon the terms of the remediation work to be performed to satisfy the two-to-one-offset policy set forth in this regulation should this option be selected with respect to a short-term, batch discharge.

(d)

At intervals to be mutually agreed upon by the applicant and the Joint Meeting, the applicant shall be required to demonstrate, in written progress reports, to the satisfaction of the Joint Meeting, that the applicant is making definable progress in performing the remedial work so as to be able to complete the work within the time frame established in accordance with Subsection B(4)(b) above.

(e)

After the time that the location(s) of the remedial work is identified by the municipality and agreed to by the Joint Meeting, but prior to the initiation of the remedial work, the applicant will be required to submit proof to the Joint Meeting that a performance bond in the amount of 100% of the value of the remedial work and naming the Joint Meeting as a co-obligee has been issued to ensure that such work is completely performed.

(5)

The groundwater to be discharged to the Joint Meeting Wastewater Treatment Facilities pursuant to a permit will be, at all times, subject to analyses by the Joint Meeting, at the sole cost of the applicant, to ensure that the proposed discharge shall meet the quality limits as set forth in these sewer use rules and regulations. At any time during the period of the discharge of groundwater to the Joint Meeting, a failure by the applicant to meet such quality limits shall be the basis for a revocation of the permit and a discontinuation of the discharge, and/or such enforcement measures as are authorized by law to be taken by the Joint Meeting.[1]

[1]

Editor's Note: See Art. III, Sewer Use Regulations, of this chapter.

(6)

The proposed discharger or applicant shall be obligated to institute pretreatment measures prior to the direct or indirect discharge of groundwater to the Joint Meeting in the event that the groundwater fails to meet the parameters for acceptance of the discharge set forth in the Sewer Use Rules and Regulations.[2]

[2]

Editor's Note: See Art. III, Sewer Use Regulations, of this chapter.

(7)

Credits for future discharges of groundwater through the removal of infiltration/inflow pursuant to the above provisions may be accumulated or "banked"; however, such credits may only be transferred in accordance with ownership of the site identified as the source of groundwater at the time of the performance of the remediation work.