[HISTORY: Adopted by the Board of Commissioners of the Town
of West New York 12-21-2017 by Ord. No. 31/17. Amendments noted where applicable.]
WHEREAS, the Hudson County Sewerage Authority ("HCSA") is responsible
for the collection, conveyance, treatment and discharge or disposal
of sewage and wastewater that is generated in the Town of West New
York ("Town"); and
WHEREAS, the HCSA has experienced instances where users of the
sewer system have impaired the normal function of collection, treatment
and discharge by the unrestricted and uncontrolled inflow of Fats,
Oil and Grease ("FOG") and storm water; and
WHEREAS, the HCSA seeks to address this concern with the Town's
assistance by the passage and implementation of certain regulations:
A.
The Federal Water Pollution Control Act, P.L. 92-500, as amended
by the Clean Water Act of 1977, P.L. 95-217, as amended; the New Jersey
Pollution Control Act, N.J.S.A. 58:10A-1; and the New Jersey Pretreatment
Act, N.J.S.A. 58:11-59 (collectively, the "Act"), have resulted in
an unprecedented program of cleaning up our nation's waters.
B.
The North Hudson Sewerage Authority (Authority), a public body and
politic and political subdivision of the State of New Jersey existing
under and by virtue of the Municipal and County Utilities Authorities
Law, N.J.S.A. 40:14B-1 et seq., is the owner and operator of the sewage
treatment and collection systems which serve the City of Hoboken,
Town of West New York, Town of Weehawken, and certain portions of
the City of Union City.
C.
The North Hudson Sewerage Authority, the City of Hoboken, the Town
of West New York, the Town of Weehawken, and the City of Union City
are parties to an agreement dated 1996, as may be amended and supplemented.
D.
The North Hudson Sewerage Authority has already made and will continue
to make a substantial financial investment in its wastewater treatment
and collection systems to achieve the goals of the Act.
E.
The North Hudson Sewerage Authority seeks to provide for the use
of collection systems and treatment works by industrial, commercial
and residential users served by it without damage to the physical
facilities; without impairment of their normal function of collecting,
treating and discharging domestic wastewater; and without the discharge
by the North Hudson Sewerage Authority treatment works of pollutants
which would violate the discharge allowed under its New Jersey Pollutant
Discharge Elimination System, NJPDES, permits, rules of the system
treating its waste and the applicable rules of all governmental authorities
with jurisdiction over such discharges.
The following sections set forth uniform requirements for discharges
into the wastewater collection and treatment system and enable the
North Hudson Sewerage Authority to comply with applicable effluent
limitations, national standards of performance, toxic and pretreatment
effluent standards and any other discharge criteria which are required
or authorized by state or federal law, and to derive the maximum public
benefit by regulating the quality and quantity of wastewater discharged
into these systems.
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 Federation;
the Federal Guidelines for State and Local Pretreatment Programs.
The North Hudson Sewerage Authority.
The North Hudson Sewerage Authority Sewer Use Resolution,
most recent version, references the Authority's policy and procedures
for sewer connection permit applications and management of sewerage
entering the Authority owned and operated combined sewer system.
Uses of the waters of the state that may be protected against
quality degradation, including, but not necessarily limited to, domestic,
municipal, agricultural and industrial supply, power generation, recreation,
aesthetic equipment, navigation and the preservation and enhancement
of fish, wildlife and other aquatic resources of reserves, and other
uses, both tangible or intangible, as specified by federal or state
law.
A sewer intended to receive both wastewater and stormwater
or surface water.
A sewer owned and operated by the Authority, tributary to
a treatment facility operated by the Authority, otherwise known as
a "public sewer."
Compatible pollutants are BOD, suspended solids, pH and fecal
coliform bacteria and such additional pollutants as are now, or may
be in the future, specified and controlled in NJPDES permits NJ0029076,
NJ0029084, and NJ0029092 for its wastewater treatment works where
such works have been designed and used to reduce or remove such pollutants.
An impairment of the quality of the waters of the state with
waste to a degree which creates a hazard to the public health through
poisoning or through the spread of disease. Contamination shall include
any equivalent effect resulting from the disposal of wastewater, whether
or not waters of the state are affected.
Users whose standard classification is identified on the
Standard Industrial Classifications, SIC, Manual in any of Divisions
A, B, D, E and I and who:
Have a discharge flow of 25,000 gallons or more per average
workday;
Have a flow greater than 5% of the flow in the Authority's
wastewater treatment system;
Have in their wastes toxic pollutants in toxic amounts, as defined
in standards issued under Section 307(a) of Public Law 92-500; or
Are found by the Director to have significant impact, either
singly or in combination with other contributing industries, on the
treatment system. A critical user is required to obtain a permit.
The Executive Director of the North Hudson Sewerage Authority,
or his/her duly appointed deputy, agent, or representative.
An acquired legal right for the specific use of land owned
by others.
The Authority Engineer, or his/her duly authorized deputy,
inspector, agent or representative.
Fats, oil and grease, also referred to as FOG, in a physical
state such that it will separate by gravity from wastewater by treatment
in an approved pretreatment facility. Wastewater shall be considered
free of floatables if it is properly pretreated and the wastewater
does not interfere with the collection system.
The Town's Health Officer, or his/her duly authorized
deputy, inspector, agent or representative.
The extension from the building drain to the public sewer
or other place of disposal.
Any privy vault, cesspool, septic tank and discharge field,
bed or seepage pit or pits used only for the disposal of the sewage
from buildings on the premises on which it is located.
The liquid or water-carried wastes of any industrial process,
trade or business not clearly included within the definitions of "sanitary
sewage," "stormwater," "cooling water" or "subsoil drainage" herein.
In general, wastewaters carrying any quantity of oil, greases, fats,
abrasives, chemicals, residues of manufacturing, processed wastes
from dye baths, felting or fur processing from slaughterhouses, or
meat processing plants and similar substances, whether dissolved,
in suspension or mechanically carried by water, shall be considered
as industrial wastes.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
Any unit whose primary function is one other than residential.
Anything which is injurious to health, is indecent, offensive
to the senses, or an obstruction to the free use of property so as
to interfere with the comfort or enjoyment of life or property of
the community, the neighborhood or any considerable number of persons,
although the extent of the annoyance or damage inflicted upon individuals
may be unequal.
The owner of any real estate and also all tenants, lessees
or others in control or possession and use of the property in question.
An alteration of the quality of the waters of the state by
waste to a degree which unreasonably affects such waters for beneficial
use or facilities which serve such beneficial uses. Pollution may
include contamination.
A parcel of real estate, including any improvements thereon,
which is determined by the Authority to be a single user for purposes
of receiving, using and paying for service.
A sanitary sewer system owned or controlled otherwise than
by the Authority or other public body.
A sanitary sewer system owned or controlled by the Authority
or other public body.
The chemical, physical, biological, bacteriological, radiological
and other constituents and characteristics of water which affect its
use.
The common wastewater and water-carried wastes from human
dwellings and from toilet and lavatory fixtures, kitchens, laundries
and similar facilities of business and industrial buildings. In general,
"sanitary sewage" shall not include stormwater from roofs, yards,
streets or open places, water from land surfaces or brooks, clean
overflows from springs, wells, large volumes of subsoil drainage,
large volumes of clean water from air conditioning or other cooling
or condensing facilities, clean wastewater from hydraulically operated
contrivances and those wastes included within the definition of "industrial
wastes."
A sewer intended to convey only sanitary sewage or, if so
stipulated with respect to the particular sewer, sanitary sewage plus
industrial or other wastes from residences, commercial buildings,
industrial plants and institutions. In general, sanitary sewers shall
not be intended to convey stormwater nor more than very small quantities
of cooling water.
The spent water of a community.
All the facilities of the Authority for collecting, pumping,
treating and disposing of wastes.
Any structure or device, or combination of structures and
devices, for treatment of sewage.
The main pipe or conduit, manholes and other structures and
equipment appurtenant thereto, provided to carry sewage, industrial
wastes, stormwater, cooling water or similar wastes, subject, in each
particular, to the purposes and limitations imposed upon the particular
sewer.
A permit issued by the Authority to allow a connection and
discharge waste into the sewer system.
All facilities for collection, conveying, pumping, treating
and discharge of sewage.
Any discharge of water or wastewater which, in concentration
of any given constituent or in quality of flow, exceeds, for any period
or duration longer than 15 minutes, more than five times the average
twenty-four-hour concentration or flow during normal operation and
shall adversely affect the collection system and/or performance of
the wastewater treatment works.
A classification of users based on the 1972 Edition of the
Standard Industrial Classification Manual (SIC), Bureau of the Budget,
of the United States of America.
A sewer or drain, with appurtenances provided and intended
for the conveyance of stormwater with and without other clean wastewaters
as may have been stipulated for any particular drain or sewer.
The total suspended matter that floats on the surface of,
or suspended in, water, wastewater or other liquids and is removable
by laboratory filtering, as prescribed in "Standard Methods for the
Examination of Water and Wastewater," and is referred to as "nonfilterable
residue."
Water not containing any pollutants limited or prohibited
by the effluent standards in effect and whose discharge will not cause
any violation of receiving water quality standards.
Any person who discharges, causes or permits the discharge
of wastewater into the Authority's wastewater treatment works.
Sewage and any and all other waste substances, associated
with human habitation, of human or animal origin, or from any producing,
manufacturing or processing operation of whatever nature, including
such waste placed within containers of whatever nature prior to, and
for purposes of, disposal.
Any water, surface or underground, including saline waters,
within the boundaries of the state.
A.
Prohibition on wastewater discharge. No person shall discharge or
deposit, or cause or allow to be discharged or deposited, into the
wastewater treatment system any wastewater which contains the following:
(1)
Explosive and/or flammable mixtures: liquids, solids or gasses which,
by reason of their nature or quantity, are or may be sufficient, either
alone or by interaction with other substances, to cause fire or explosion
or be injurious in any other way to the treatment works or to the
operation of the works. At no time shall two successive readings on
an explosion hazard meter, at the point of discharge into the treatment
works, be more than 5% nor any single reading over 10% of the lower
explosive limit (LEL) of the meter. Prohibited 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.
(2)
Noxious materials: incompatible pollutants which, either singly or
by interaction with other wastes, are noxious or malodorous, are capable
of creating a public nuisance, or are or may be sufficient to prevent
entry into the treatment works for its maintenance and repair.
(3)
Improperly shredded garbage that has not been ground or comminuted
to such a degree that all particles will be carried freely in suspension
under flow conditions normally prevailing in the treatment works,
with no particle greater than 1/2 inch in any dimension.
(4)
Radioactive wastes: radioactive wastes or isotopes of such half-life
or concentration that they do not comply with regulations or orders
issued by the appropriate authority having control over their use
and which will or may cause damage or hazards to the sewerage facilities
or personnel operating the system.
(5)
Solid or viscous wastes: solid or viscous wastes which will or may
cause obstruction to the flow in a sewer or otherwise interfere with
the proper operation of the treatment works. Prohibited materials
include, but are not limited to, uncomminuted garbage, animal guts
or tissues, diseased human organs or tissue fluids, paunch manure,
bones, hair, hides or fleshing 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, residues from refining or processing
of fuel or lubricating oil and similar substances. Other materials
may be specified at the discretion of the Authority.
(6)
Toxic pollutants: any toxic pollutant in amounts exceeding standards
promulgated by the Administrator of the United States Environmental
Protection Agency pursuant to Section 307(a) of P.L. 95-217 and chemical
elements or compounds, phenols or other taste- or odor-producing substances,
or any other substances normally not found in unpolluted waters which
are not susceptible to treatment or which may interfere with the biological
process of efficiency of the treatment system or that will pass through
the system or preclude the selection of the most cost-effective alternative
for wastewater treatment and sludge disposal.
(7)
Discolored material: wastes which cause discoloration or other condition
in the quality of the Authority's treatment plant effluent in
such a manner that the receiving water quality requirements established
by law cannot be met.
(8)
Corrosive wastes: any waste which will cause corrosion or deterioration
of the treatment system. All wastes discharged to the public sewer
system must have a pH value in the range of 6.0 to 9.0 standard units.
Prohibited materials include, but are not limited to, acids, alkalines,
sulfides, concentrated chloride and fluoride compounds and substances
which will react with water to form acidic or alkaline products.
(9)
Incompatible waste/water: waters or wastes containing substances
which are not amenable to treatment or reduction by wastewater treatment
processes employed or are amenable to treatment only to such degree
that the wastewater treatment place effluent cannot meet the requirements
of other agencies having jurisdiction over discharge to the receiving
waters. No waste shall be discharged to a community sewer that causes,
threatens to cause, or is capable of causing, either alone or by interaction
with other substances, conditions at or near the Authority's
facilities which violate any statute or any rule, regulation or ordinance
of any public agency or state or federal regulatory body.
B.
Limitations on wastewater strength.
(1)
The Authority's Sewer Use Resolution, most recent version, shall
dictate requirements for limitations of wastewater strength.
(2)
No person shall discharge any wastewater:
(a)
Having a temperature higher than 40° C. (104° F.) or
which, on contact with water or sewage, will generate heat in excess
of 40° C. (104° F.).
(b)
Containing more than 25 mg/l of oil or grease of animal or vegetable
origin.
(c)
Containing more than 25 mg/l of oil or grease of mineral or
petroleum origin. Existing installations at the time of adoption of
this chapter may be permitted to discharge up to 50 mg/l, provided
that it had no significant adverse effect on the sewerage facilities.
(d)
Containing any hydrogen sulfide, sulfur dioxide, nitrous oxide
or any halogen gas in excess of 10.0 mg/l.
(e)
With a chlorine demand in excess of 15 mg/l.
(f)
In excess of the Authority's NPDES permit limits for chlorinated
hydrocarbons which cannot be removed by the Authority's wastewater
treatment process.
(g)
In excess of 1.0 mg/l phenolic compounds.
(h)
Containing materials which exert or cause:
[1]
Unusual concentrations of inert or suspended solids, such as,
but not limited to, Fuller's earth, lime slurries and lime residues,
or of dissolved solids, such as, but not limited to, sodium chloride
and sodium sulfate.
[2]
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the sewage
treatment plant.
(i)
Any person diluting wastewater for the purpose of meeting the
above-stated limitations shall be considered in violation of this
service.
C.
Holding tank waste. Holding tank waste shall be discharged into the
community sewer only at points with an approved sewer connection permit
for this type and quantity of pollutant.
D.
Storm drainage and groundwater.
(1)
Disposal of stormwater, groundwater, rainwater, street drainage,
subsurface drainage or yard drainage, directly or indirectly to any
community sewer, shall be permitted through a sewer connection permit
issued by the Authority.
(2)
Treatment of said drainage water and groundwater prior to discharge
into the sewer system is required in accordance with the Authority's
Sewer Use Resolution.
(3)
If approval is granted for discharge of such water into the community
sewers, the user shall pay the applicable wastewater service charge
and fees and meet such other conditions that may be required by the
Authority.
E.
Prohibitions on unpolluted water.
(1)
Unpolluted water, including, but not limited to, cooling water, process
water or blowdown from cooling towers or evaporative coolers, or any
other unpolluted water, shall not be permitted to be discharged through
direct or indirect connection to a community sewer without a sewer
connection permit approval by the Authority.
(2)
The Authority may approve the discharge of such water only when no
reasonable alternative method of disposal is available or such alternative
is unacceptable.
(3)
If approval is granted for the discharge of such water, the user
shall pay the applicable wastewater service charges and fees and shall
meet such other conditions as required by the Authority.
F.
Limitations on point of discharge. No person shall discharge any
substances directly into a manhole or other opening in a community
sewer, other than through a house connection approved by the Authority.
Upon written application by the user and payment of the applicable
wastewater service charges and fees, the Authority may grant permission
for such direct discharges at approved locations.
G.
Authority's alternatives on discharges.
(1)
If any waters or wastes are discharged, or are proposed to be discharged,
into the Authority's sewers which contain the substances or possess
the characteristics which, in the judgment of the Authority, may have
a deleterious effect upon the sewage works, processes, equipment or
receiving waters, or which otherwise create a hazard to life or constitute
a public nuisance, the Authority may:
(2)
If the Authority permits the pretreatment or equalization of waste
flows, the design and installation of the plants and equipment shall
be subject to the review and approval of the Authority and subject
to the requirements of all applicable codes, ordinances, and laws.
A.
Regulatory actions. If wastewaters containing any substance prohibited
in this chapter or containing any substance in concentrations exceeding
limits imposed by this chapter are discharged into the treatment works
of the Authority, or any tributary treatment works hereto, the Director
shall take all actions necessary to:
(1)
Prohibit the discharge of such wastewater;
(2)
Require an industrial or commercial discharger to demonstrate that
modifications will cause the discharge of such substances to be in
conformance with this chapter;
(3)
Require pretreatment, including storage facilities, or flow equalization
necessary to ensure complete compliance with these rules and regulations;
(4)
Require the person making, causing or allowing the discharge to pay
all the additional cost or expense incurred by the Authority for handling
and treating excess loads imposed on the treatment works; and
(5)
Take such other remedial action as may be deemed to be desirable
or necessary to achieve the purpose of this chapter.
B.
Authority approval for discharge of certain wastes. Upon written
approval of the Authority, certain wastes which exceed the limits
imposed by this chapter may be permitted to the discharged into the
public sewer if a holding tank is employed and the wastes are released
at a constant rate over a twenty-four-hour period. This only applies
to intermittent flows or batch releases of short duration. Such approval
may be rescinded at any time by the Authority.
C.
Control structures; installation, construction and maintenance. When
required by the Authority, the owner of any property served by a house
connection shall install suitable control structures for wastewater
or stormwater control, together with such necessary meters and other
appurtenances, in the house connection to facilitate observation,
treatment, or sampling and measurement of the wastes. Manholes, when
required, shall be accessibly and safely located and shall be constructed
in accordance with plans approved by the Authority. The structures'
manholes shall be installed by the owner at his/her expense and shall
be maintained by the owner so as to be safe and accessible at all
times.
D.
Interceptors. Grease, oil and sand interceptors shall be provided
when, in the opinion of the Authority, they are necessary for the
proper handling of liquid wastes containing floatable grease or any
flammable wastes, sand or other harmful ingredients, except that such
interceptors shall not be required for private living quarters or
dwelling units. All interceptors shall be of a type and capacity approved
by the Authority and shall be located so as to be readily and easily
accessible for cleaning and inspection. In the maintenance of those
interceptors, the owner shall be responsible for the proper removal
and disposal, by appropriate means, of the captured material and shall
maintain records of the dates and means of disposal, which are subject
to review by the Authority. Any removal and hauling of the collected
materials not performed by the owner's personnel must be performed
by currently licensed waste disposal firms.
E.
Measurements, tests and analyses. All measurements, tests and analyses
of the characteristics of waters and wastes to which reference is
made in this chapter shall be determined in accordance with the latest
edition of "Standard Methods for the Examination of Water and Wastewater,"
published by the American Public Health Association, and shall be
determined at the control manhole provided or upon suitable samples
taken at such control manhole. In the event that no special manholes
have been required, the control manhole shall be considered to be
the nearest downstream manhole in the public sewer to the point at
which the house connection is connected. Sampling shall be carried
out by customarily accepted methods to reflect the effect of constituents
upon the sewage works and to determine the existence of hazards to
life, limb and property. The particular analyses involved will determine
whether a twenty-four-hour composite of all outfalls of a premises
is appropriate or whether a grab sample or samples should be taken.
F.
Protection from accidental discharge.
(1)
Each industrial user shall provide protection from accidental discharge
of prohibited materials or other wastes regulated by this chapter.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner's or operator's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Authority
for review and shall be approved by the Authority before construction
of the facility. Review and approval of such plans and operating procedures
shall not relieve the industrial user from the responsibility to modify
his/her facility as necessary to meet the requirements of this chapter.
(2)
Any possible connection of entry point for a persistent or deleterious
substance to the user's plumbing or drainage system shall be
appropriately labeled to warn operating personnel against discharge
of such a substance in violation of these regulations.
(3)
In order that employees of commercial or industrial users be informed
of all requirements, users shall make available to their employees
copies of these regulations and such other wastewater information
and notices which may be furnished by the Authority from time to time
directed toward more effective water pollution control. A notice shall
be furnished and permanently posted on the user's bulletin board
advising employees whom to call in case of an accidental discharge
in violation of these regulations.
G.
Exceptions. No statement contained in this chapter shall be construed
as preventing any special agreement or arrangement between the Authority
and any individual or corporation whereby a waste of unusual strength
or character may be accepted by the Authority for treatment, subject
to payment therefor by the individual or corporation concerned.
H.
Noncompliance provisions. If the Authority finds that good reason
exists to believe that the requirements of this chapter have not been
or are not being observed, the Authority may require the owner, tenant
or lessee of the offending property to furnish it with adequate proof
that requirements are met or that such owner, tenant or lessee shall
immediately take steps to provide proper treatment facilities, interceptors,
or remedial action to correct conditions so that conformance to this
chapter will be observed.
A.
Deposit of objectionable waste. No person shall place or deposit,
or permit to be placed or deposited, upon the surface of land in public
or private ownership any human excrement, garbage or any other objectionable
waste.
B.
Effluents. No person shall permit septic tank or privy vault effluent
or other liquid containing human excrement or residues thereof to
appear on or flow over any land in the municipality in his/her ownership
or control or from his/her land to any other land in the municipality.
C.
Discharge of polluted liquid into natural outlets. No person shall
discharge, or permit the discharge, of any sanitary sewage, septic
tank or privy vault effluent, industrial wastes or other waterborne
polluted liquid emanating from any building on his/her property into
any natural outlet in the municipality.
D.
Construction of privy vaults, cesspools, septic tanks. No person
shall construct any privy vault, cesspool, septic tank or other facility
intended or used for the storage or disposal, or both, of sewage,
except as provided in this chapter.
E.
Toilet facilities. Every building or premises in the Town designed
or arranged for human occupancy, or devoted by its owner to such use,
shall be equipped with adequate and suitable toilet facilities and
adequate and suitable provisions, as provided in this chapter, for
the disposal of sewage originating therein.
F.
Connection to public sewer; penalty for noncompliance. The owner
of all houses, buildings on properties used for human occupancy, employment,
recreation or other purposes, situated within the municipality abutting
on any street, alley or right-of-way in which there is now located
a public sanitary sewer of the Authority, is hereby required, at his/her
expense, to connect the sanitary facilities within such house or building
on such property with the public sewer in accordance with the provisions
of this chapter within 60 days of public notification of construction
completion of the sewer system. In the event such owner fails to connect
to the sewer system within such period of time, he/she shall be liable
to a fine as set forth in the general penalty of this Code.
G.
Nonavailability of public or private sanitary sewer.
(1)
Where a public sanitary or combined sewer is not available, the house
connection shall be connected to a private wastewater disposal system
complying with the provisions of this chapter. Before commencement
of construction of a private wastewater disposal system, the owner
shall first obtain a sewer connection permit from the Authority. The
application for such permit shall be made on a form furnished by the
Authority, which the applicant shall supplement by any plans, specifications
and other information as are deemed necessary by the Authority. A
permit and inspection fee: as set forth in the Authority Sewer Use
Resolution.
(2)
A permit for a private wastewater disposal system shall not become
effective until the installation is completed and appraised by the
Authority. The Authority shall be allowed to inspect the work at any
stage of construction. The applicant for the permit shall notify the
Authority when the work is ready for final inspection and before any
underground portions are covered. The inspection shall be made within
48 hours of the receipt of notice by the Authority.
(3)
The type, capacities, location and layout of a private wastewater
disposal system shall comply with all recommendations of the New Jersey
Department of Environmental Protection.
(4)
At such time as a public sewer becomes available to a property served
by a private wastewater disposal system, a direct connection shall
be made to the public sewer within 60 days, in compliance with this
chapter, and any septic tanks, cesspools or similar private wastewater
disposal facilities shall be cleaned of sludge and filled with suitable
material.
(5)
The owner shall operate and maintain the private wastewater disposal
facilities in a sanitary manner at all times, at no expense to the
Authority. Sludge removal from private disposal systems shall be performed
by licensed operators and disposed of in accordance with the requirements
of the New Jersey Department of Environmental Protection, the Municipal
Health Officer and the Authority.
(6)
No statement contained in this section shall be construed to interfere
with any additional requirements that may be imposed by the Health
Officer.
A.
Metered water supply. For premises where, in the opinion of the Authority,
a significant portion of water received from any metered source is
not consumed by the user or is not removed from the premises by means
other than community sewers, sewage discharged to the community sewer
shall be calculated based on water consumption as indicated by the
water meter reading. The amount of water used from private sources
shall be determined by means of a meter installed and maintained at
the expense of the user and approved by the Authority.
B.
Metered wastewater volume and metered diversions. For premises where,
in the opinion of the Authority, a significant portion of the water
received from any metered source does not flow into the community
sewer because of the principal activity of the user or removal by
other means, the wastewater volume shall be the volume of wastewater
discharging from such premises into the community sewer. Written notification
and proof of the diversion of water must be provided by the user if
he/she wishes to dispute the Authority using the total amount of water
used from all sources as the measure of wastewater discharged to the
community sewer. If required by the authority, such user must install
a meter of a type and at a location approved by the Authority and
at the user's own expense. Such meters may measure either the
amount of sewage discharge or the amount of water diverted. Such meters
shall be tested for accuracy at the expense of the user when deemed
necessary by the Director.
C.
Estimated wastewater volume. For users where, in the opinion of the
Authority, it is unnecessary or impractical to install meters and
where the quantity of water diverted from the sewers amounts to 20%
or more of the total water used, the quantity of wastewater may be
based upon an estimate prepared by the Authority. This estimate shall
be based upon a rational determination of the wastewater discharged
and may consider such factors as the number of fixtures, seating capacity,
population equivalent, annual production of goods and services or
such other determination of water use necessary to estimate the wastewater
volume discharged.
A.
All connections to the sewer system shall be made through submission
of plans and approval of the sewer connection permit. All users must
obtain a sewer connection permit from the Authority before connection
to or discharging into the sewer system. Technical guidelines for
the permit application and applicable fees are made available by the
Authority and defined through the Authority Sewer Use Resolution,
most recent version.
B.
Users seeking a sewer connection permit shall complete and file with
the Authority a sewer connection permit application, in the form prescribed
by the Authority, and accompanied by the applicable fee.
C.
The Authority shall evaluate the data furnished by the user and may
require additional information. After evaluation and acceptance of
the data furnished, the Authority may issue a sewer connection permit
subject to terms and conditions provided herein.
D.
Sewer connection permits are issued to a specific user for a specific
operation. A sewer connection permit shall not be reassigned, transferred
or sold to a new owner, new user, different premises or a new or changed
operation.
E.
Sewer connection permits shall be expressly subject to all applicable
provisions established by the Authority.
F.
Permit conditions. Sewer connection permits shall be expressly subject
to all applicable provisions of this chapter and all other regulations
established by the Authority.
G.
Revocation of permit. Any significant change in wastewater strength,
volume discharged or operations affecting the characteristics of wastewater
discharge may be grounds for modifying the sewer connection permit.
Failure of the user to report significant changes in his/her operations,
wastewater discharge strength or characteristics, or violation of
conditions of the permit, may be grounds for revoking a permit.
H.
Violations of conditions of the permit.
(1)
The conditions of sewer connection permits shall be uniformly enforced
by the Authority in accordance with this chapter, applicable state
and federal regulations, and the most practicable technology available.
Any discharger who violates the conditions of the permit or this chapter
or applicable state or federal regulations is subject to having his/her
permit revoked and ceasing discharge to the community sewer following
a reasonable notice period and reasonable time to comply.
(2)
Failure of a user to factually report the strength, volume or characteristics
of his/her discharge or to refuse reasonable access to his/her premises
for the purpose of inspection or monitoring of pollution sources may
be grounds for revoking the permit.
I.
Trade secrets. All information and data pertaining to 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 Authority
that the release of such information to the general public would divulge
information, processes or methods which would give a business advantage
to competitors who did not otherwise have this information. Contents,
volume and frequency of discharge will not be recognized as confidential
information.
J.
Special agreements. No statement contained in this chapter shall
prevent any special agreement or arrangement between the Authority
and any person where unusual circumstances compel special terms, conditions
and charges or fees for the collection, treatment and disposal of
the wastewater by the Authority.
The Town Health Officer, the Director, the Engineer and other
duly authorized employees of the Authority bearing proper credentials
and identification shall be permitted to enter upon all properties
for the purpose of inspection, observation, measurements, sampling
and testing in accordance with the provisions of this chapter.
The Authority Sewer Use Resolution classifies users based on
quantity and type of discharge by the user. The purpose of such classification
is to facilitate the regulation of wastewater discharges based on
quality, quantity and flow to provide an effective means of source
control and to establish a system of wastewater service charges and
fees which will insure an equitable recovery of the Authority's
cost. The elements of quality may include, but not be limited to,
the following: suspended solids, COD, oil and grease and chlorine
demand.
A.
Discharge reports for industrial users.
(1)
Every significant industrial user shall file periodic discharge reports
at intervals designated by the Authority. The Authority may require
any other industrial users discharging or proposing to discharge into
the treatment works to file such periodic reports.
(2)
The discharge report shall include, but not be limited to, the nature
of process, volume, rates of flow, concentrations of incompatible
pollutants, total mass of each incompatible pollutant discharged,
hours of operation, and other information which relates to the generation
of waste. Such reports may also include the chemical constituents
and quantity of liquid material stored on site even though they are
not normally discharged. In addition to discharge reports, the Director
may require information in the form of industrial discharge permit
applications and self-monitoring reports.
B.
Records and monitoring for industrial users.
(1)
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 of concentrations
as are necessary to demonstrate compliance with the requirements of
this chapter and any applicable state or federal pretreatment standards
or requirements.
(2)
Such records shall be made available upon request by the Director.
All such records relating to compliance with pretreatment standards
shall be made available to officials of the NJDEP and the United States
Environmental Protection Agency upon demand. A summary of such data
indicating the industrial user's compliance with this chapter
shall be prepared quarterly and submitted to the Director. All records
shall be retained for a period of five years.
(3)
The owner or operator of any premises or facility discharging industrial
waters into the system shall install at his/her own cost and expense
suitable monitoring equipment to facilitate the accurate observation,
sampling and measurement of wastes. Such equipment shall be maintained
in proper working order and kept safe and accessible at all times.
(4)
Each significant industrial discharger shall maintain separate monitoring
equipment.
(5)
Whether constructed on public or private property, the monitoring
facilities shall be constructed in accordance with the applicable
federal, state and local requirements and all applicable construction
standards and specifications. Plans and specifications for all such
work shall be submitted to the Director for approval prior to construction.
C.
Inspection, sampling and analysis.
(1)
Compliance determination. Compliance determinations by the Director,
or his/her agent, with respect to prohibitions and limitations shall
be made on the basis of either instantaneous grab samples or twenty-four-hour
composite sample wastewater, or as may be determined by the NJDEP
or the United States EPA.
(2)
Analysis of industrial wastewaters. Laboratory analyses of industrial
wastewater samples shall be performed in accordance with the United
States EPA "Guidelines Establishing Test Procedures for the Analysis
of Pollutants," published in the Federal Register, Volume 41, No.
232, December 1, 1976, as may be amended from time to time. Analysis
of those pollutants not covered by the publications referred to therein
shall be performed in accordance with procedures approved by the NJDEP.
(3)
Sampling frequency. Sampling of industrial wastewater for the purpose
of compliance determination with respect to prohibitions and limitations
will be done at such intervals as the Director may deem appropriate;
however, such sampling shall be conducted for all significant industrial
users at least once annually.
A.
Permit required. No person shall uncover, make any extension or connection
to, or opening into, or use, alter or disturb any public sewer or
any appurtenance thereof without having first obtained a sewer connection
permit from the Authority to do so.
B.
Extension. Every extension of any public sewer shall be made pursuant
to plans and specifications prepared by or for the Authority and approved
by the Engineer.
C.
Connections to sewers.
(1)
All persons who own or occupy any land fronting on a street through
which a sewer is or shall be built shall connect all their sinks,
drains, water closets and privies on such land with such sewer. No
cesspool privy, privy vault, septic tank or other facility intended
or used for the disposal of wastewater shall be built or maintained
on such land, nor shall the Health Department issue any permit for
any cesspool on land so situated.
(2)
Every connection into any public sewer shall be made by a house service
connection.
(3)
All owners of property shall connect their respective premises with
such sewers within 60 days of public notification of the construction
completion of the sewer system. All persons who shall neglect to make
connections within such time shall be liable to a penalty as set forth
in the general penalty of this Code.
D.
Owner's responsibility. The house service connection and sewer
lateral shall be made, paid for, installed and maintained by the owner.
E.
Submission of plans and specifications; conformance with New Jersey
uniform construction codes. Plans and specifications for all extensions
and connections to the public sewer system shall conform to the Building
Code of the municipality, plans and specifications and the Authority
Sewer Use Resolution connection requirements.
F.
Grade and alignment. The house service connection shall be laid at
a straight grade and, so far as possible, in a straight alignment.
Changes in direction shall be made only with curved pipe and fixtures.
Cleanouts shall be constructed as required by the Authority at each
change in direction and for every 50 feet of house service connection.
G.
Low connection. In all buildings which the house service connection
is necessarily laid low to permit gravity flow to the street curb,
the sanitary sewage to be carried by such connection shall be lifted
by approved artificial means and discharged into the house service
connection or sewer lateral.
H.
Excavations. All excavations required for the establishment of a
house service connection shall be open trench work, unless otherwise
approved by the Engineer. Pipe laying and backfill shall be performed
in accordance with the requirements of the Plumbing Subcode Official
and shall not be done until the house service connection has been
inspected, tested and approved by the Planning Subcode Official.
I.
Open trenches. Open trenches in the establishment of house service
connections shall not be left unattended during the course of construction
without adequate regard to the safety of the general public. Trenches
left open overnight or over a weekend must have adequate covering
or, in lieu thereof, have barriers and lights so placed along the
opening so as to prevent any persons or vehicles from falling therein.
J.
Inspection. The owner, or his/her agent, shall inform the Engineer
when the house service connection is ready for inspection.
K.
Common house connections. When a house connection is proposed as
a house connection for a property or multiple properties where there
will be more than one owner, a deed agreement shall be required which
specifies the responsibility of the owner(s) to be solely responsible
for the operation and maintenance of the common lateral. The deed
agreement shall specify the shared or common-use building elements
and utilities that cross property lines, including, but not limited
to, rain gutters and downspouts, stormwater facilities, common laterals
and house connections which connect to the Authority's system.
The Authority shall not be responsible for the maintenance of any
components of the common house connection or common house connection
system.
L.
Use of specialized equipment. The property owner shall be responsible
for the maintenance of all specialized control equipment. Specialized
control equipment includes and is not limited to any installed stormwater
detention system components which require use of an external power
source, including pumping and/or automated flow control system, FOG
removal systems, and wastewater pumping systems.
M.
Installation by contractor or owner. The sewer lateral, including
the connection from the curb to the sewer, the making of the tap in
the sewer, the making of the connection of the sewer lateral to the
house service connection, the backfilling of the trench and resurfacing
the street above the trench from the street sewer to the curb, shall
be installed at the owner's expense either an owner who meets
the qualifications of a contractor with a New Jersey license. All
work shall be inspected and approved by the Plumbing Subcode Official.
A.
Accidental discharges; liability.
(1)
If, for any reason, a facility does not comply with or will be unable
to comply with any prohibition or limitations of this chapter, the
facility responsible for such discharge shall take immediate corrective
action to prevent continued harm to the treatment works and shall
immediately notify the Director so that additional corrective action
may be taken to protect the treatment works. In addition, a written
report addressed to the Director detailing the date, time and cause
of the accidental discharge, the quality and characteristics of this
discharge and corrective action taken at the time of the discharge,
and action taken to prevent future discharges, shall be filed by the
responsible person within five days of the occurrence of the noncomplying
discharge.
(2)
Such notification will not relieve users of liability for any expense,
loss or damage to the sewer system, treatment plant or treatment process
or for any fines imposed on the Authority.
B.
Notification of violation. Whenever the Director finds that any person
has violated or is violating this chapter, or any prohibition, limitation
or requirement contained herein, he/she may serve upon such person
a written notice stating the nature of the violation and providing
a reasonable time, not to exceed 30 days, for the satisfactory correction
thereof.
C.
Issuance of cease-and-desist orders. When the Authority finds that
a discharge of wastewater has been taking place, in violation of prohibitions
or limitations of this chapter, or the provisions of a sewer connection
permit, the Director may issue an order to cease and desist and direct
that those persons not complying with such prohibitions, limits, requirements
or provisions to:
D.
Submission of time schedule. When the Authority finds that a discharge
of wastewater has been taking place, in violation of prohibitions
or limitations prescribed in this chapter, wastewater source control
requirements, effluent limitations or pretreatment standards, or the
provisions of a sewer connection permit, the Authority may require
the user to submit for approval with such modifications, as it deems
necessary, a detailed time schedule of specific actions which user
shall take in order to prevent or correct a violation of requirements.
E.
Show cause hearing.
(1)
If the violation is not corrected by timely compliance, the Director
may order any person who causes or allows an unauthorized discharge
to show cause before the Authority 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 by the Authority regarding the violation
and directing the offending party to show cause before the Authority
why an order should not be made directing the termination of service.
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.
(2)
The Authority may itself conduct the hearing and take the evidence
or may designate any of its members or any officer or employee of
the assigned department to:
(a)
Issue in the name of the Authority notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in any such hearings.
(b)
Take the evidence.
(c)
Transmit a report of the evidence and hearing, including transcripts/records
and other evidence, together with recommendations to the Authority
for action thereof.
(3)
At any public hearing, testimony taken before the Authority, or any
person designated by it, 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, or any part thereof, will
be made available to any member of the public upon payment of the
usual charges thereof.
(4)
After the Authority has reviewed the evidence, it may issue an order
to the property owner responsible for the discharge directing that,
following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed or existing treatment facilities, divides
or other related appurtenances are properly operated and such further
order and directives as are necessary and appropriate.
F.
Appeals.
(1)
Any user, permit applicant or permit holder affected by any decision,
action or determination, including cease-and-desist orders, made by
the Director interpreting or implementing the provisions of this chapter
or in any permit issued hereunder, may file with the Director a written
request for reconsideration within 10 days of such decision, action
or determination, setting forth in detail the facts supporting the
user's request for reconsideration.
(2)
If the ruling made by the Director is unsatisfactory to the person
requesting reconsideration, within 10 days after notification of Authority
action, he/she may file a written appeal to the Authority's governing
body. The written appeal shall be heard by the body within 30 days
from the date of filing. The Authority's governing body shall
make a final ruling on the appeal within 10 days of the close of the
hearing. The Director's decision, action or determination shall
remain in effect during such period of reconsideration.
A.
Public nuisance; penalty. Discharges of wastewater in any manner
in violation of this chapter, or of any order issued by the Director
as authorized by this chapter, is hereby declared a public nuisance
and shall be corrected or abated as directed by the Director. Any
person creating a public nuisance shall be subject to the penalties
set forth in this Code.
B.
Injunction. Whenever a discharge of wastewater is in violation of
the provisions of this chapter, or otherwise causes or threatens to
cause a condition of contamination, pollution or nuisance, the Authority
may petition the Superior Court for the issuance of a preliminary
or permanent injunction, or both, as may be appropriate in restraining
the continuance of such discharge.
A.
Maximum penalty for violations of North Hudson Sewerage Authority
Treatment Works and Collections System Regulations shall be one or
more of the following:
B.
Separate violations. Except as otherwise provided, each and every
day in which a violation of any provision of this chapter or any other
ordinance of the municipality exists shall constitute a separate violation.
C.
Application. The maximum penalty stated in this section is not intended
to state an appropriate penalty for each and every violation. Any
lesser penalty, including a nominal penalty or no penalty at all,
may be appropriate for a particular case of violation.
