Attachment 1 - Appendix A, Limits and Monitoring Requirements
Attachment 2 - Appendix B, Table of PollutantsAttachment 3 - Appendix C, Industrial Sewer Connection Permit ChargesAttachment 4 - Appendix D, Pollutant Analysis of Domestic Wastewater or its EquivalentAttachment 5 - Appendix E, Class I and II Interim Limits
Attachment 2 - Appendix B, Table of PollutantsAttachment 3 - Appendix C, Industrial Sewer Connection Permit ChargesAttachment 4 - Appendix D, Pollutant Analysis of Domestic Wastewater or its EquivalentAttachment 5 - Appendix E, Class I and II Interim Limits[1980 Code § 168-1; Ord. No. O-45-04; Ord. No. O-8-07; Ord. No. O-19-12]
As used in this article:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C.), expressed in milligrams per liter.
Waste and wastewater from humans or household operations.
An acquired legal right for the specific use of land owned
by others.
Oil, fat or grease in a physical state such that it will
separate by skimming from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free of "floatable oil" if
it is properly pretreated and the wastewater does not interfere with
the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
That part of the lowest horizontal piping of a sewer system
which receives the discharge from waste and other sewer pipes inside
the walls of the building and conveys it to the public sewer.
Any physical or nonphysical connection that discharges domestic
sewage, non-contact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Town of Morristown, unless that discharge is
authorized under a NJPDES permit other than the Tier A Municipal Stormwater
General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections
may include, but are not limited to, leaks, flows, or overflows into
the municipal separate storm sewer system.
Wastewater from industrial processes, trade or business,
as distinct from domestic or sanitary wastes, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or
(c)).
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Town of Morristown or other public body, and is designed and
used for collecting and conveying stormwater.
Any outlet, including storm sewers and sanitary sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface or
ground water.
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules at N.J.A.C. 7:14A.
Water used to reduce temperature for the purpose of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat) or finished product. Non-contact
cooling water may, however, contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
The logarithm of the reciprocal of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions, in grams, per liter
of solution. Neutral water, for example, has a "pH" value of seven
and a hydrogen ion concentration of 10-7 [or 10 to the -7 power].
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
The wastes from preparation, cooking and dispensing of food
that have been shredded to such a degree that all particles will be
carried freely under the flow conditions normally prevailing in public
sewers, with no particle greater than 1/12 inch [one and 1.27 centimeters]
in any dimension.
A common sewer controlled by a governmental agency or public
utility.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of groundwater, stormwater and surface
waters that are not admitted intentionally.
The spent water of a community. The preferred term is "wastewater."
See definition of "wastewater."
A pipe or conduit that carries wastewater.
Solely for the purpose of this chapter:
Any user in the State including, but not limited to, any significant
industrial user as defined in 40 CFR 403.3(t) but excluding municipal
collection systems, who discharges wastewater into a local agency
where:
The user is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N;
The user's average volume of process wastewater exceeds
25,000 gallons per day;
The amount of BOD, COD or Suspended Solids in the industrial
process wastewater discharge exceeds the mass equivalent of 25,000
gallons per day of the domestic waste of the affected local agency;
The volume of industrial process wastewater in the discharge
exceeds 5% or more of the average daily dry weather flow of the local
agency;
The user's discharge of process wastewater contributes,
5% or more of the daily mass loading of any of the pollutants listed
in N.J.A.C. 7:14A-4, Appendix A, Tables II through V;
The user is designated as an SIU by the control authority on
the basis that the user has a reasonable potential for adversely affecting
the local agency's operation;
The user is designated as an SIU by the control authority on
the basis that the user has been in violation of any Federal, State,
or local pretreatment standard or requirement, including, but not
limited to, significant noncompliance as defined in 40 CFR 403.8(f)(2)(vii);
or
The control authority determines it would be consistent with
the intent of the Pretreatment Act or State Act to require a permit
for the indirect user; and
Any user in areas of the State in which the Department is the
control authority where:
The user is determined to be a hazardous waste facility that
is received a permit in accordance with N.J.A.C. 7:26G-12;
The user's discharge consists of landfill leachate, which
is either pure, treated, or diluted; or
The user's discharge consists of 25,000 gallons per day
or more of process wastewater and/or polluted groundwater which is
pumped from the ground in order to decontaminate an aquifer; however
Upon finding that any user in the State has no reasonable potential for adversely affecting the local agency's operation or for violating any Federal, State, or local pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from a user or a local agency, and in accordance with 40 CFR 403.8(f)(6), determined that any user specified in Paragraphs 1 or 2 above, unless the user is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N, is not a significant indirect user.
Any discharge of water or wastewater which, in concentration
of any given constituent or in quantity of flow, exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flows during normal operation and
shall adversely affect the collection system and/or performance of
the wastewater treatment works.
Sediment, debris, trash, and other floating, suspended or
settleable solids.
A pipe or conduit for conveying water, groundwater, subsurface
water or unpolluted water from any source.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The Director of Public Works of the Town of Morristown, or
such other department or division as may be charged with supervision
and control of the Morristown wastewater facilities, or his duly authorized
deputy, agent or representative.
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater or other liquids and that
is removable by laboratory filtering as prescribed in the latest edition
of Standard Methods for the Examination of Water and Wastewater, published
by the American Public Health Association, and referred to as "nonfilterable
residue."
The Town of Morristown or any designated agents or employees.
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water and stormwater that may
be present.
The structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge. Sometimes used as synonymous with "sewage
treatment plant" or "waste treatment plant" or "wastewater treatment
plant" or "water pollution control plant."
A natural or artificial channel for the passage of water,
either continuously or intermittently.
The ocean and its estuaries, all springs, streams and bodies
of surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey and/or Town of Morristown
or subject to its jurisdiction.
[1980 Code § 168-2A]
It shall be unlawful for any person to place, deposit or permit
to be deposited in any unsanitary manner on public or private property
within the Town of Morristown or in any area containing sanitary sewers
which are under the jurisdiction of the Town of Morristown any human
or animal excrement, garbage or objectionable waste.
[1980 Code § 168-2 B]
It shall be unlawful to discharge to any natural outlet within
the Town of Morristown or in any area containing sanitary sewers which
are under the jurisdiction of the Town of Morristown any wastewater
or other polluted waters, except where suitable treatment has been
provided and where a National Pollutant Discharge Elimination System
permit has been obtained from the appropriate governmental authority
where required.
[1980 Code § 168-3; Ord. No. O-45-04; Ord. No. O-19-12]
a.
Stormwater runoff.
1.
No person shall discharge or cause to be discharged any unpolluted
waters such as stormwater, groundwater, roof runoff, subsurface drainage
or cooling water to any sanitary sewer.
2.
Discharge of stormwater.
(a)
Prohibited Conduct.
(1)
Stormwater and all other unpolluted drainage shall be discharged
into such sewers as are specifically designated as storm drains or
to a natural outlet approved by the Town and other regulatory agencies
having jurisdiction.
(2)
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Town any domestic sewage, non-contact cooling water,
process wastewater, or other industrial waste (other than stormwater).
(3)
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Town
is prohibited. The spilling, dumping, or disposal of materials other
than stormwater in such a manner as to cause the discharge of pollutants
to the municipal separate storm sewer system is also prohibited.
(4)
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
(b)
Exceptions to Prohibited Conduct.
(1)
Water line flushing and discharges from potable water sources.
(2)
Uncontaminated ground water (e.g., infiltration, crawl space
or basement sump pumps, foundation or footing drains, rising ground
waters).
(3)
Air conditioning condensate (excluding contact and non-contact
cooling water).
(4)
Irrigation water (including landscape and lawn watering runoff).
(5)
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
(6)
Residential car-washing water, and residential swimming pool
discharges.
(7)
Sidewalk, driveway and street wash water.
(8)
Flows from fire fighting activities.
(9)
Flows from rinsing of the following equipment with clean water:
Equipment used in the application of salt and de-icing materials immediately
following salt and de-icing material applications. Prior to rinsing
with clean water, all residual salt and de-icing materials must be
removed from equipment and vehicles to the maximum extent practicable
using dry cleaning methods (e.g., shoveling and sweeping). Recovered
materials are to be returned to storage for reuse or properly discarded.
Rinsing of equipment, as noted in the above situation is limited to
exterior, undercarriage, and exposed parts and does not apply to engines
or other enclosed machinery.
3.
Storm drain inlets: design standards. Storm drain inlets identified
in Subsection 20-2.3a2(a)(4) above shall comply with the following
standard to control passage of solid and floatable materials through
storm drain inlets. For purposes of this paragraph, "solid and floatable
materials" means sediment, debris, trash, and other floating, suspended,
or settleable solids. For exemptions to this standard see Paragraph
(c) below.
(a)
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines (April
1996); or
(2)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
(b)
Whenever design engineers use a curb-opening inlet, the clear
space in that curb opening (or each individual clear space, if the
curb opening has two or more clear spaces) shall have an area of no
more than 7.0 square inches, or be no greater than 2.0 inches across
the smallest dimension.
(c)
This standard does not apply:
(1)
Where the Municipal Engineer agrees that this standard would
cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets that
meet these standards;
(2)
Where flows are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(3)
Where flows are conveyed through a trash rack that has parallel
bars with one inch spacing between the bars; or
(4)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
4.
Penalties. Any person(s) who is found to be in violation of the provisions
of Subsections 20-2.3a2(a)(4) and 20-2.3a3 shall be subject to a fine
not to exceed $250 for each storm drain inlet that is not retrofitted
to meet the design standard.
b.
Prohibited discharges. No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewers:
1.
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
2.
Any waters containing toxic or poisonous solids, liquids or gases
in sufficient quantity, either singly or by interaction with other
wastes, to injure or interfere with any waste treatment process, constitute
a hazard to humans or animals, create a public nuisance or create
any hazard in the receiving waters of the wastewater treatment plant.
3.
Any waters or wastes having a pH lower than 5.5, or such other more
stringent requirements as may be lawfully imposed by the Environmental
Protection Agency, Department of Environmental Protection or such
other governmental authorities having jurisdiction thereof, or having
any other corrosive property capable of causing damage or hazard to
structures, equipment and personnel of the wastewater facilities.
4.
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers or other interference
with the proper operation of the wastewater facilities, such as but
not limited to ashes, bones, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings, entrails and paper
dishes, cups, milk containers, etc., either whole or ground by garbage
grinders.
c.
Quantities and concentrations of certain discharges restricted. The
following described substances, materials, waters or waste shall be
limited in discharges to municipal systems to concentrations or quantities
which will not harm either the sewers, wastewater treatment process
or equipment, will not have an adverse effect on the receiving stream
or will not otherwise endanger lives, limb, public property or constitute
a nuisance. The Town may set limitations lower than the limitations
established in the regulations below if, in its opinion, such more
severe limitations are necessary to meet the above objectives. In
forming its opinion as to the acceptability, the Town will give consideration
to such factors as the quantity of subject waste in relation to flows
and velocities in the sewers, materials of construction of the sewers,
the wastewater treatment process employed, the capacity of the wastewater
treatment plant, the degree of treatability of the waste in the wastewater
treatment plant and other pertinent factors. The limitations or restrictions
on materials or characteristics of waste or wastewater discharged
to the sanitary sewer which shall not be violated without approval
of the Town are as follows:
1.
Wastewater having a temperature of higher than 150° F. (65°
C.).
2.
Wastewater containing more than 25 milligrams per liter of petroleum
oil, nonbiodegradable cutting oils or products of mineral oil origin.
3.
Wastewater containing floatable oils, fat or grease.
4.
Any garbage that has not been properly shredded. Garbage grinders
may be connected to sanitary sewers from homes, hotels, institutions,
restaurants, hospitals, catering establishments or similar places
where garbage originates from the preparation of food in kitchens
for the purpose of consumption on the premises or when served by caterers.
5.
Any waters or wastes containing iron, chromium, copper, zinc and
similar objectionable or toxic substances to such degree that any
such material received in the composite wastewater at the wastewater
treatment works exceeds the limits established by the Town for such
materials.
6.
Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the Town.
7.
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Town of Morristown or any
other local, State or Federal agency having jurisdiction thereof.
8.
Quantities of flow, concentrations or both which constitute a slug
as defined herein.
9.
Waters or wastes containing substances which are not amenable to
treatment or reduction by the wastewater treatment processes employed
or are amenable to treatment only to such a degree that the wastewater
treatment plant effluent cannot meet the requirements of the agencies
having jurisdiction over discharge to the receiving waters.
10.
Any water or wastes which, by interaction with other water or wastes
in the public sewer system, release obnoxious gases, form suspended
solids which interfere with the collection system or create a condition
deleterious to structures and treatment processes.
11.
Such other and more stringent requirements as may be lawfully imposed
by the Environmental Protection Agency, Department of Environmental
Protection or such other governmental authority having jurisdiction
thereof.
d.
Options of Town Upon Discharge of Certain Wastes.
1.
If any waters or wastes are discharged or are proposed to be discharged
to the public sewers, which waters contain the substances or possess
the characteristics enumerated in Paragraph c above and which, in
the judgment of the Town, may have a deleterious effect upon the wastewater
facilities, processes, equipment or receiving waters or which otherwise
create a hazard to life or constitute a public nuisance, the Town
may:
(a)
Reject the wastes;
(b)
Require pretreatment to an acceptable condition for discharge
to the public sewers;
(c)
Require control over the quantities and rates of discharge;
and/or
(d)
Require payment to cover the added cost of handling and treating
the wastes not covered by existing taxes or sewer charges.
2.
If the Town 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 Town.
e.
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Town, they are necessary for the proper handling of
liquid wastes containing floatable grease in excessive amounts, as
specified in Paragraph c above, or any flammable wastes, sand or other
harmful ingredients, except that such interceptors shall not be required
for buildings used exclusively for private living quarters or dwelling
units. All interceptors shall be of a type and capacity approved by
the Town and shall be located as to be readily and easily accessible
for cleaning and inspection. In the maintaining of these interceptors,
the owner(s) 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 Town.
f.
Where pretreatment or flow-equalizing facilities are provided or
required for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner(s) at his expense.
g.
When required by the Town, the owner of any property serviced by
a building sewer carrying industrial wastes shall install a suitable
structure, together with such other meters and other appurtenances
in the building sewer to facilitate observation, sampling and measurement
of the wastes. Such structure, when required, shall be constructed
in accordance with plans approved by the Town. The structure shall
be installed by the owner at his expense and shall be maintained by
him so as to be safe and accessible at all times.
h.
The Town may require a user of sewer services to provide information
needed to determine compliance with this article. These requirements
may include:
1.
The wastewater discharge peak rate and volume over a specified time
period.
2.
A chemical analysis of the wastewater.
3.
Information on raw materials, processes and products affecting wastewater
volume and quality.
4.
The quantity and disposition of specific liquid, sludge, oil, solvent
or other materials important to sewer-use control.
5.
A plot plan of the user's property, showing existing and/or
proposed sewers and the pretreatment facility location.
6.
Details of wastewater pretreatment facilities.
7.
Details of systems to prevent and control the losses of materials
through spills to the municipal sewer.
i.
All measurements, tests and analyses of the characteristic of waters
and wastes to which reference is made in this article 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. Sampling methods, locations, times, durations
and frequencies are to be determined on an individual basis, subject
to approval by the Town.
j.
No statement contained in this article shall be construed as preventing
any special agreement or arrangement between the Town and any industrial
concern whereby an industrial waste of unusual strength or character
may be accepted by the Town for treatment.
[1980 Code § 168-2C]
It shall be unlawful to construct any privy, privy vault, septic
tank, cesspool or other facility intended or used for the disposal
of wastewater.
[1980 Code § 168-2D]
The owners of all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes situated within
the Town of Morristown and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a public
sanitary sewer of the Town of Morristown are hereby required, at the
owner's expense, to install suitable toilet facilities therein
and to connect such facilities directly with the proper public sewer
in accordance with the provisions of this article within 90 days after
date of official notice to do so. At such time as the public sewer
becomes available to a property and a connection is made to the sewer,
any septic tanks, cesspools and similar private sewage disposal facilities
shall be abandoned and filled with a suitable material approved by
the Town.
[1980 Code § 168-4A]
No unauthorized person shall uncover, make any connections with
or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Town.
[1980 Code § 168-4B]
The owner(s) or his agent shall make application on a special
form furnished by the Town. The permit application shall be supplemented
by any plans, specifications or other information considered pertinent
in the judgment of the Town. A permit and inspection fee of $50 for
a residential or commercial building sewer permit shall be paid to
the Town at the time the application is filed. Two inspection(s) will
be made under each permit. Where reinspections are necessary due to
faulty work, covering of work prior to inspection, inadequate materials,
tools or labor required for tests, improper notification or any act
of negligence on the part of the person making the installation, the
applicant shall apply in writing for a reinspection under the same
terms and conditions as applied to the original permit, including
payment of the fee fixed herein. Where the processing of an application
involves special engineering studies, there shall be additional charge
to reimburse the Town for its actual costs, which shall be paid before
issuance of a permit.
[1980 Code § 168-4C; Ord. No. O-20-04]
All costs and expenses incidental to the installation and connection
of the building sewer shall be borne by the owner(s). The owner(s)
shall indemnify the Town from any loss or damage that may directly
or indirectly be occasioned by the installation of the building sewer.
The owner(s) shall be responsible for the maintenance, repair and
replacement of the house connection. In the event that the cost of
repair between the curbline, or property line where there is no curb,
and the sewer main exceeds $5,000 then the owner(s) shall be responsible
for the first $5,000 and the Town will pay for that portion of the
repair or replacement that exceeds $5,000.
[1980 Code § 168-4D]
A separate and independent house connection shall be provided
for every building.
[1980 Code § 168-4 E]
Existing house connections may be used in connection with new
buildings only when they are found, upon examination and test by the
Town, to meet all requirements of this article.
[1980 Code § 168-4 F-I]
The size, slope, alignment, materials of construction of a house
connection and the methods to be used in excavating, placing of the
pipe, jointing, testing and back-filling the trench shall all conform
to the requirements of the State Uniform Construction Code or other
applicable rules and regulations of the Town in the absence of code
provisions or in amplification thereof, and the materials and procedures
set forth in appropriate specifications mandated by the Town.
Whenever possible, the house connection shall be brought to
the building at an elevation below the basement floor. In all buildings
in which the plumbing is too low to permit gravity flow to the public
sewer, sanitary sewage carried by such plumbing shall be lifted by
an approved means and discharged to the house connection.
No person shall make connection or otherwise cause or allow
any unpolluted water, such as water from roof downspouts, foundation
drains, sump pumps, areaway drains or other sources of surface runoff
or groundwater to, either directly or indirectly, enter the sanitary
sewer.
The connection of the building sewer into the public sewer shall
conform to the requirements of the State Uniform Construction Code
applicable rules and regulations of the Town.
All such connections shall be made gastight and watertight and
verified of proper testing. Any deviation from the prescribed procedures
and materials must be approved by the Town before installation.
[1980 Code § 168-4 J]
The applicant for the house connection permit shall, prior to
backfill or concealment, notify the Town when the house connection
is ready for inspection and connection to the public sewer. The connection
and testing shall be made under the supervision of the Town.
[1980 Code § 168-4 K]
All excavations for house connection installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the Town.
[1980 Code § 168-4 L]
The issuance of a permit for the making of a house connection
shall not relieve the owner or his agent, or any person presuming
to act under the authority of such permit, from obtaining any additional
permits required by law, ordinance or regulation for the opening of
streets or roads, the construction of buildings or the like.
[1980 Code § 168-4 M]
A permit may be revoked at any time by the Town, in writing,
for any violation of this article or for violation of any condition
upon which the permit was issued or for a refusal to allow inspection
by any employee, officer or duly authorized representative of the
Town.
[1980 Code § 168-4 N]
The owner of each house connection shall be responsible for
and make such provisions as he deems necessary to protect his premises
against backflow of sewage from the sanitary sewer. A sufficient check
valve and appurtenant equipment shall be installed and maintained
by the owner as he deems necessary. All such appurtenances and equipment
shall be the sole responsibility of the owner, and the Town assumes
no responsibility for its installation and operation, nor for damage
caused by sewage backflow.
[Ord. No. O-29-91 § II]
All sewer connection fees received under the authority of this
article shall be dedicated to the sewer budget for the reduction of
debt service costs and/or for sewer plant operating expenses.
[Ord. No. O-34-96 § A]
a.
In addition to any user fees, a separate charge in the nature of
a connection fee for each new connection of any property to the sewer
system shall be imposed upon the owner or occupant of the property
connected. The connection fee for a single family residence shall
be computed in the following manner:
|
CF =
|
(DS + CE) - GC
|
|
TESU
|
|
Where:
| |||
|
CF
|
=
|
Connection Fee
| |
|
DS
|
=
|
All debt service incurred in connection with the sewer treatment
and delivery system, including, but not limited to, sinking funds,
reserve funds, the principal and interest on bonds, and the amounts
of loans and interest thereon, paid by the Town of Morristown to defray
the capital cost of developing the sewer system as of the end of the
immediately preceding budget year.
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CE
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All capital expenditures made by the Town of Morristown not
funded by a bond ordinance or debt for the development of the sewer
system as of the end of the immediately preceding budget year.
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GC
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Any gifts, contributions or subsidies to the Town of Morristown
received from, and not reimbursed or reimbursable to any Federal,
State, County or municipal government or agency or any private person,
and that portion of amounts paid to the Town of Morristown by a public
entity under a service agreement or service contract which is not
repaid to the entity by the Town.
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TESU
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Total Equivalent Service Units shall be determined by dividing
the total number of gallons per day discharged into the system by
300 [the New Jersey Department of Environmental Protection estimated
average number of gallons per day discharged by a single family residential
unit].
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b.
The connection fee for uses other than single family residential
units shall be determined by multiplying the connection fee for a
single family residential unit by the proportionate amount of the
flow, to be determined by the average flow criteria set forth in N.J.A.C.
7:14A-23.3, or amendments thereto. In the event that the New Jersey
Department of Environmental Protection regulations do not address
the project, the developer shall submit a certification by a licensed
professional engineer setting forth the amount of projected gallonage
and the basis for the calculation. The projected gallonage shall be
subject to the review and final approval of the Town Engineer.
c.
The connection fee shall be recomputed every budget year after a
public hearing is held. In the event that the governing body determinates
that the sewer connection fee as determined by the calculation set
forth in Paragraphs a and b above is so expensive that it may discourage
connections into the system, it may, in its discretion, establish
a connection fee which is not less than $9.58 per gallon of usage
and not more than 75% of the amount permitted by Paragraphs a and
b.
d.
The revised connection fee may be imposed upon those who subsequently
connect to the system in that budget year.
[Ord. No. O-1-96; Ord. No. O-34-96 § B]
a.
All connections. Whenever a property owner requires a new sewer connection as part of a new construction project, the sewer connection fee set forth in Subsection 20-5.1 above, shall be due and owing upon the occurrence of any one of the following events:
1.
The property owner seeks the Town's endorsement of a Treatment
Works Application to be filed with the New Jersey Department of Environmental
Protection; or
2.
The property owner files a Sewer Extension Permit Application with
the New Jersey Department of Environmental Protection for connection
to the Morristown Waste Water System; or
3.
The filing of an Application for a Building Permit or a Zoning Permit,
whichever shall first occur.
b.
Relaxation of payment due date; showing of extreme economic hardship.
Where a property owner seeking a sewer connection can demonstrate
extreme economic hardship as a result of the payment provisions set
forth in Paragraphs a1 and a2 above, the property owner may request
a relaxation of the date that the connection fee is due. After reviewing
the written submission, the Mayor may, in his absolute discretion,
relax the payment due date for the connection fee to prior to the
issuance of a temporary Certificate of Occupancy, or if none is issued,
prior to issuance of a final Certificate of Occupancy.
In making the determination to relax the payment date for the
connection fee, the applicant shall certify that there is presently
inadequate financing at the time of the application, but that prior
to the issuance of a Certificate of Occupancy, the financing for the
project will be available. The applicant must also state that he is
aware, that in the event the payment date is relaxed, that no temporary
or permanent certificate of occupancy will be issued until the connection
fee is paid in full.
The Mayor may grant the applicant's request, if he is convinced
of the validity and seriousness of the temporary economic hardship;
that funds will be available for the connection fee and that the public
interest will be served by encouraging the completion of the applicant's
project.
[Ord. No. O-18-03]
All sewer connection fees collected pursuant to § 20-5 shall be dedicated to the capital needs of the wastewater system.
[1980 Code § 168-5]
a.
The Town, by its duly authorized employees bearing proper credentials
and identification, shall be permitted to enter all properties for
the purposes of inspection, observation, measurement, sampling and
testing pertinent to discharge to the public sanitary sewers in accordance
with the provisions of this article.
b.
The Town may use any method of testing, including smoke testing,
to determine the propriety of the house connection. The Town shall
not be liable for any damage or inconvenience resulting from the use
of the testing procedures.
c.
The Town, by its duly authorized employees, may request information
concerning industrial processes which have direct bearing on the kind
and source of discharge to the wastewater collection system. The industry
may withhold information considered confidential only if it is established
that the revelation to the public of the information in question might
result in an advantage to competitors.
d.
While performing the necessary work on private properties referred
to in Paragraph a above, the Town, by its duly authorized employees,
shall observe all safety rules applicable to the premises established
by the company, and the company shall be held harmless for injury
or death to the employees, arising out of any negligent acts on the
part of the Town or its officers or employees and the Town shall indemnify
the company against loss and damage to its property by Town employees
and against liability claims and demands for personal injury or property
damage asserted against the company and growing out of the gauging
and sampling operation, except as such may be caused by negligence
or failure of the company to maintain safe conditions.
e.
The Town, by its duly authorized employees bearing proper credentials
and identification, shall be permitted to enter all private properties
through which the Town holds an easement for the purposes of, but
not limited to, inspection, observation, measurement, sampling, repair
and maintenance of any portion of the wastewater facilities lying
within the easement. All entry and subsequent work, if any, on the
easement shall be done in full accordance with the terms of the easement
agreement pertaining to the private property involved.
[1980 Code § 168-7A]
Sewer service may be discontinued for any of the following reasons:
a.
For the use of the house connection to convey waste or other substances
which adversely affect, or may adversely affect, any part of the sewerage
system, the treatment and/or handling of the sewage and/or sludge
derived therefrom or the waters receiving the effluent after treatment;
b.
For the discharge of sewage or liquid waste at a rate greater than
approved for the connection, if the sewerage system or any part thereof
cannot safely or properly handle it;
c.
For failure to maintain the house connection in good order or for
tampering with it or disturbing the earth adjacent to it, so that
prohibited or otherwise deleterious substances can directly or indirectly
enter the sewerage system;
d.
Refusal to an inspector bearing proper credentials and identification
of access to a property for the purpose of inspection, observation,
measurement, sampling and testing, in accordance with the provisions
of this article; and
e.
Nonpayment of charges, fees or reimbursement to the Town of costs,
as may have been agreed upon or otherwise required.
[1980 Code § 168-7B]
Upon discontinuance of sewer service for any reason set forth
above, or by reason of request of the owner, service shall be restored
upon application therefor and payment by the applicant or owner of
a fee to the Town of Morristown. The fee shall be paid upon filing
of the application for restoration of service, and the fee shall be
equal to all costs incurred by the Town of Morristown for the discontinuance
and resumption of service, plus 10% representing administrative fees.
[1980 Code § 168-7C]
At least 48 hours before any building having a house connection
is razed or abandoned, the Town shall be so notified and furnished
with an adequate description of the ways, means or methods of abandoning
and sealing of the house connection(s) thereto. Unless otherwise provided
for and approved, the house connection shall be severed, plugged,
capped and/or sealed at the curb or easement line. All costs of cutting,
plugging, capping and sealing shall be at the expense of the owner.
[1980 Code § 168-7D]
The Town of Morristown, through the Department of Public Works
or such other department or division as may be charged with supervision
and control of the Morristown wastewater facilities, shall promulgate
such other rules and regulations as may be reasonably required for
the efficient operation, maintenance and usage of the public wastewater
facilities.
[1980 Code § 168-8]
All charges, prices, costs, expenses, rents, interest or penalties,
or any of them, as established herein, shall be and remain a lien
upon the premises served by the wastewater facilities, the same as
all other taxes and municipal charges upon real estate under the laws
of the State of New Jersey; the Town shall have the same remedy for
the collection thereof as fixed by the Town, as the Town now has or
may hereafter have under the laws of the State of New Jersey, for
the collection of taxes and other municipal liens upon real estate.
[1980 Code § 168-9A]
The purpose of this provision is to impose an annual user charge
on all domestic, commercial, industrial, institutional and governmental
users of the sewer system of the Town of Morristown, which users contribute
or may contribute to the sewage collected and treated by the Town
of Morristown, or have access thereto.
[1980 Code § 168-9B]
User charge is the charge levied upon all users of and persons
having access to the treatment works for the annual cost of operation
and maintenance, including replacements of the municipal wastewater
facilities.
[Ord. No. O-19-93 § C1]
All owners of property, including but not limited to, residential,
commercial, industrial, institutional, including non-profit, educational,
religious and governmental shall be charged for the use of the sanitary
sewers in an amount determined by the amount of water consumed, at
the rates and in the manner set forth in this article.
All water consumption readings relative to each user shall be
those obtained by the Town from the Southeast Morris County Municipal
Utilities Authority (SMCMUA) plus the readings from private meters
of wells or other water supplies as specified in Subsection 20-11.4j4.
The water consumption measurements as set forth herein shall constitute
the measure of sewage flow from each user of which the charge is payable.
[Ord. No. O-19-93; Ord. No. O-7-94; Ord. No.
O-11-97; Ord. No. O-2-98; Ord. No. O-18-99; Ord. No. O-12-00; Ord.
No. O-17-03; Ord. No. O-37-03; Ord. No. O-11-04; Ord. No. O-51-05; Ord.
No. O-7-07; Ord. No. O-41-07 § I; Ord. No. O-8-2014; Ord. No. O-15-2016]
Commencing the second billing quarter of 2008, the following
sewer charges shall be paid quarterly by the owner of the real property
for the use of the sanitary sewers in accordance with the following
classification of sewer users and applicable rates.
a.
Industrial rate. The industrial rate shall apply to any user who
has been identified by the New Jersey Department of Environmental
Protection as a Significant Industrial User. All industrial users
shall be charged $13.59 per 100 cubic feet of sewage discharge. The
minimum quarterly charge for industrial users shall be $190.20.
b.
Pretreating industrial rate. The Pretreating Industrial Rate shall
apply to any Industrial User who has been identified by the New Jersey
Department of Environmental Protection as a Significant Industrial
User, and who has installed a pretreatment facility that pretreats
wastewater discharged in the Morristown Sewerage Treatment Plant in
accordance with the requirements of Chapter 169 of the Code of the
Town of Morristown. All pretreating industrial users shall be charged
$7.54 per 100 cubic feet of sewage discharge. The minimum quarterly
charge for pretreating industrial users shall be $105.55.
c.
Light industrial rate. The Light Industrial Rate shall apply to all
industrial users whose facility has any pollutants on site which are
found in Appendix B Table II of Chapter 169 of the Code of the Town
of Morristown, which are not intended for retail sale. The light industrial
rate shall also apply to industrial users who are not Significant
Industrial Users, but who must use advanced pretreatment to achieve
the final discharge limits of pollutants specified in Appendix D of
Chapter 169. Advanced pretreatment shall mean any pretreatment process
other than oil and grease separation and sediment interception. Light
industrial users shall pay $12.07 per 100 cubic feet of sewage discharge.
The minimum quarterly charge shall be $169.00.
d.
Large commercial user rate. The large commercial user rate shall
apply to all users who are neither industrial nor residential users
as specified in this section and whose water usage is more than 7,500
cubic feet per quarter. Large commercial rate users shall be charged
$10.56 per 100 cubic feet of sewage discharge.
e.
Restaurant. As used in this section a restaurant shall mean a commercial
retail enterprise whose primary use is the on-site preparation and
serving of food, although a portion of the business may be devoted
to takeout. Any food service operation that is ancillary to another
use shall not be considered a restaurant.
1.
The large commercial restaurant rate shall apply to restaurants whose
water usage is more than 7,500 cubic feet per quarter. Large commercial
restaurant users shall be charged $9.79 per 100 cubic feet of sewage.
2.
The small commercial restaurant rate shall apply to restaurants whose
water usage is 7,500 cubic feet or less per quarter. Small commercial
restaurants users shall be charged $8.38 per 100 cubic feet of sewage.
The minimum quarterly charge shall be $117.38.
f.
Small commercial user (A) rate. The small commercial user (A) rate
shall apply to all users who are neither industrial nor residential
users as specified in this section, who were previously charged the
commercial rate pursuant to Ordinance O-7-90 and the Small Commercial
User (A) rate under Ordinance O-51-05 and whose water usage is 7,500
cubic feet per quarter or less. Small commercial (A) users shall be
charged $9.05 per 100 cubic feet of sewage discharge. The minimum
quarterly charge shall be $126.75.
g.
Small commercial user (B) rate. The small commercial user (B) rate
shall apply to all users who are neither industrial nor residential
users as specified in this section, who were previously charged the
domestic rate pursuant to Ordinance O-7-90 and Small Commercial User
(B) rate under Ordinance O-51-05 and whose water usage is 7,500 cubic
feet per quarter or less. Small commercial (B) users shall be charged
$7.50 per 100 cubic feet of sewage discharge. The minimum quarterly
charge for small commercial (B) users shall be $104.98.
h.
Hotel and laundromat rate. The hotel and laundromat rate shall apply
to all hotels and laundromats. Hotel and laundromat users shall be
charged $9.05 per 100 cubic feet of sewage discharge. The minimum
quarterly rate shall be $126.75.
i.
Residential rate. The residential rate shall apply to all residential
users including apartment buildings and residential cooperatives or
condominiums. This rate shall also apply to churches, synagogues and
other houses of worship. Residential users shall be charged $6.05
per 100 cubic feet of sewage discharge. The minimum quarterly charge
for residential users shall be $78.60.
j.
Sewer charge adjustments.
1.
Sewer charges based upon the above rates shall be adjusted for a
user who can demonstrate and certify to the Town the actual metered
sewage being discharged into the sanitary sewer system of the Town.
2.
The Mayor or his designee shall be authorized to adjust sewer bills
which are extraordinarily high in the following circumstances:
(a)
Where the user can demonstrate that the meter reading was a
reflection of a leak or other condition which has been repaired, and
the water leakage did not go into the sanitary sewer system, then
the Mayor or his designee shall have the authority to adjust the sewer
bill for that quarter. A good faith adjustment will be made based
on the average of the past two year's applicable quarters. Any
adjustment made will be at the rate in place for the billing quarter
in question; or
(b)
Where the user can demonstrate that the meter reading was a
reflection of a leak involving water that has gone into the sanitary
sewer system, and it can be demonstrated that the leak has been repaired,
then the Mayor or his designee shall have the authority to adjust
the bill for not more than two quarters. A good faith adjustment will
be made based on the average of the past two year's applicable
quarters. Any adjustment made will be at the rate in place for the
billing quarter in question.
(c)
No user shall be entitled to more than one adjustment for the
same problem in any two consecutive year period pursuant to this subparagraph.
3.
Where a user has a swimming pool and can document the capacity of
the pool and the pool water does not drain into the sanitary sewer,
then the user may obtain one adjustment in any twelve-month period,
which will be based on a reduction of the metered number of gallons
by the capacity of the pool. Owners are responsible for remitting
information yearly. Adjustments will not be made retroactively for
previous year(s) not claimed.
4.
Sewer charges based upon the above rates shall be adjusted for a
user who can demonstrate and certify to the Town the actual metered
non-contributory water that is not being discharged into the sanitary
sewer system of the Town. The user shall be credited quarterly at
the applicable rate times the number of units metered, provided that
the metering device is satisfactory and measurements are reasonably
accurate in the judgment of the Town Engineer.
5.
When meters are used pursuant to Paragraphs 1 and 4, readings shall
be submitted to the Tax Collector no later than January 5, April 5,
July 5 and October 5 in order to be used for the subsequent billing
cycle. Meters shall be available for inspection by the Town and meters
shall be recalibrated as required by the Town.
6.
The Business Administrator or his designee shall be authorized to
adjust sewer bills that are extraordinarily high where a new property
owner and or business owner is billed based on water usage of the
prior property owner and or business owner. The adjustment may be
made after a review of the following information:
(a)
The new property owner and or business owner makes a detailed
written request for an adjustment;
(c)
Adjustments may be made after review of current and previous
use and conditions. Additional information may be requested prior
to rendering any final decision on adjustments. Any adjustments will
be made to the new property owner's and or business owner's
account. Decisions on adjustments will be final.
(d)
The bill will only be adjusted on a pro-rata basis for the portion
of the bill that reflects the time of the new property owner and or
business owner's occupancy.
k.
Mixed use. In such instances where there are commercial and residential
users discharging form the same sewer line and on the same billing
account, so that it is not feasible to determine how much flow is
attributable to the commercial user and how much is attributable to
the residential user without installing a meter capable of measuring
the flow of each category of user, the property owner may request
that the proportionate use of each separate billing account be determined
as follows:
1.
The property owner may request the Town Engineer to calculate the
proportion of commercial and residential use based upon design flow
used by the Department of Environmental Protection and Energy, as
set forth in N.J.A.C. 7:9-1.106. Once the proportion of commercial
and residential use is calculated, it shall remain in effect until
such time as it can be demonstrated that the use of the property has
changed.
2.
The property owner may install, at his own expense, meters which
measure the flow of each category of user. The type and location of
the meters must be approved in the reasonable judgment of the Town
Engineer. Certification of the reliability of the meter by the manufacturer
or manufacturer's representative may be required by the Town
Engineer, in his reasonable discretion, where it appears that the
meter may be inaccurate or give readings that substantially deviate
from the norm, based on historical data.
[1980 Code § 168-9D]
The user charge referred to herein shall be due and payable
quarterly from and after the rendering of a bill by the Town to the
users and setting forth the user charge.
[1980 Code § 168-10]
The Department of Public Works shall operate and maintain the
wastewater facilities of the Town of Morristown.
[1980 Code § 186-6; Ord. No. O-2-08]
a.
Any person found to be violating any provision of this chapter shall
be served by the Town with written notice stating the nature of the
violation and providing a reasonable time limit for the satisfactory
correction thereof. The offender shall, within the period of time
stated in such notice, permanently cease all violations.
b.
No person shall maliciously, willfully or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the wastewater facilities of the Town
of Morristown.
c.
Any person who shall continue any violation beyond the time limit provided for in the notice as provided for in Paragraph a above or who shall be guilty of any violation of Paragraph b above shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed on each day during or on which a violation continues or upon which a violation occurs.
d.
Any person who violates any provision of this article shall be liable
to the Town of Morristown for any expense, loss or damage incurred
by the Town by reason of such violation.
[Ord. No. O-46-03]
There is hereby established a public utility for the purpose
of operating, maintaining and preserving the sanitary sewer facilities
owned and operated by the Town of Morristown, as well as any additional
systems that may be acquired or constructed.
[Ord. No. O-46-03]
The name by which the utility shall be known is the "Town of
Morristown Sewer Utility," hereinafter referred to as the "Sewer Utility."
[Ord. No. O-46-03]
The functions of the Sewer Utility shall be to operate the existing
sewer facilities owned, operated and maintained by the Town, together
with any additional systems or extensions of the existing systems
that may be acquired or constructed, all in accordance with this chapter.
[Ord. No. O-46-03]
For the purposes of financial operations and more specifically
for the purposes of accounting for revenues and expenditures of the
Sewer Utility, the financial operation shall be specifically in accordance
with N.J.S.A. 40A:4-33, N.J.S.A. 40A:4-34 and N.J.S.A. 40A:4-35.
[Ord. No. O-18-89 § 169-1]
As used in this article:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
Analysis for pollutants in accordance with procedures approved
by the EPA.
An authorized representative of a User may be (a) A responsible
corporate officer (see definition); (b) A general partner or proprietor
if the User is a partnership or proprietorship, respectively; (c)
A duly authorized representative of the individual designated above
if such representative is responsible for the overall operation of
the regulated facility, such as a plant manager, superintendent, or
person of equivalent responsibility.
A report to provide basic data which is required of all Users
needing a Class 1 Permit. In accordance with 40 CFR 403.12(b), the
BMR must contain:
Name and address of facility;
Names of owners and operators;
List of environmental control permits held by the User as required
by such Federal Acts as the Clean Water Act, the Resource and Recovery
Act, the Clean Air Act, the Safe Drinking Water Act and any other
State or Local Permits;
Description of operations, including average range of production,
Standard Industrial Classification codes, and a schematic process
diagram indicating all discharge points;
Flow measurements;
Measurement of pollutants listed in Appendix A prior to pretreatment.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce non-compliance
with this article. BMPs also include treatment requirements, operating
procedures, and practices to control site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw material storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter for five days at 20° C. expressed in terms of
weight and concentration (milligrams per liter (mg/l)) in accordance
with an approved test procedure as specified in 40 CFR Part 136.
The intentional diversion by a Class 1 or 2 User of the waste
stream from any portion of its pretreatment facilities.
A measure of oxygen-consuming capacity of inorganic and organic
matter present in water or wastewater expressed as the amount of oxygen
consumed by a chemical oxidant in accordance with an approved test
procedure as specified in 40 CFR Part 136.
Users who prior to pretreatment, knowingly or through verification
sampling are shown to discharge pollutants listed in Tables I and
II of Appendix B in excess of amounts to be found in domestic wastewater
or its equivalent, as set forth in Appendix D at the end of this chapter.
Users who prior to pretreatment, knowingly or through verification
sampling are shown to discharge only wastes listed in Table I of Appendix
B in excess of amounts to be found in domestic wastewater or its equivalent,
as set forth in Appendix D. Class 1 Users shall be re-classified to
Class 2 if they can certify to the satisfaction of the Town Engineer
that: (a) All process waste has been segregated from sanitary waste;
and (b) No process waste, either before or after pretreatment, is
being discharged to the Morristown POTW.
Users who, without prior treatment, discharge domestic wastewater
or its equivalent as set forth in Appendix D; and who are required
to obtain a Permit-By-Rule.
Those samples that are made up of a series of small, individual
samples obtained at regular intervals over the entire discharge day.
The volume of each sample shall be proportional to the discharge flow
rate.
Any water used for the purpose of carrying away excess heat,
and which may contain biocides used to control biological growth or
other additives to protect the system against corrosion, scaling or
the like.
Any person, business or corporation that discharges or causes
a discharge to a public sewer, including domestic sources.
The liquid waste or liquid borne waste, (a) resulting from
the noncommercial preparation, cooking and handling of food, and/or
(b) consisting of human excrement and similar wastes from toilets
and/or residential use of sinks and laundry facilities.
A situation which, in the opinion of the Town Engineer, the
POTW Superintendent or their designee may cause Interference and/or
Pass Through, damage to the POTW or present a health hazard to personnel.
The United States Environmental Protection Agency.
The geographically continuous property owned or leased by
the User which may be divided by public or private right(s)-of-way.
Pretreatment Standards as codified in 40 CFR Chapter 1, Subchapter N specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to a POTW by existing or new Industrial Users in specific industrial subcategories.
Solid waste from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of food.
A sample which is taken from a waste stream on a one-time
basis without regard to flow or time.
Access without delay, but in no event beyond 10 minutes from
the time the request for access is made by authorized Town personnel
presenting appropriate identification to any guard or employee of
the User.
The liquid wastes resulting from the processes employed in
industrial, manufacturing, trade or business establishments or from
the development, recovery, detoxification or processing of natural
resources or other wastes as distinct from domestic sanitary wastes.
A User's discharge that:
Inhibits or disrupts the POTW, its treatment processes or operations
so as to cause the treatment works to vary from its normal operating
range, based on the Town's historical information.
Contributes to or causes a violation of the Town's NJPDES
permit.
In combination with existing flows are of such volume and/or
strength as to exceed the treatment process design capacity.
Prevents the disposal of sludge produced by the POTW in accordance
with Section 405 of the Clean Water Act, any regulations, criteria
or guidelines developed pursuant to the Federal Resources Conservation
and Recovery Act of 1976, the Federal Clean Air Act, the Federal Toxic
Substances Control Act, and the New Jersey Guidelines for the Utilization
and Disposal of Municipal and Industrial Sludges and Septages.
The New Jersey system for issuing, modifying, suspending,
revoking and reissuing, terminating, monitoring and enforcing, discharge
permits pursuant to the State Act. The term shall also include discharge
permits (NJPDES) issued pursuant to Section 402 of the Act.
The New Jersey Department of Environmental Protection.
Untreated or inadequately treated flow that enters and exists
through the Town's treatment works which alone or in conjunction
with discharges from other sources, causes a violation of the Town's
NJPDES permit.
All Class 3 dischargers are deemed to have a NJPDES Permit-By-Rule
if they comply with the requirements of this article and/or applicable
State regulations.
A User who has obtained or is required to obtain a Class
1 or Class 2 Permit by the Town. This does not include a Permit-By-Rule.
An individual, firm, company, partnership, corporation, association,
group or society and includes the State of New Jersey and its agencies,
districts, commissions and political subdivisions.
The logarithm of the reciprocal of the concentration of hydrogen
ions in moles per liter of solution.
Any dredged soil, solid waste, holding tank waste, incinerator
residue, sewage, garbage, refuse, oil, grease, sewage sludge, septage,
munitions, chemical wastes, biological materials, radioactive substance,
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt, and industrial, municipal or agricultural waste or other residue
directly or indirectly discharged into the waters of the State.
A treatment works as defined by Section 212 of the Act, which
is owned in this instance by the Town. For the purposes of this article,
POTW shall also include any sewers that convey wastewaters to the
POTW from persons outside the Town who are, by contract or agreement
with the Town, dischargers to the Town's POTW.
A reduction in the amount or elimination of pollutants, or
the alteration of the nature of pollutant properties in industrial
wastes prior to the discharge of such wastes into the POTW, whether
such reduction, elimination or alteration is obtained by the physical,
chemical or biological processes, process changes or other means.
The "Pretreatment Standards of Sewerage," N.J.S.A. 58:11-49
et seq.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product.
A treatment works as defined by Section 212 of the Act, which
is owned in this instance by the Town. For the purposes of this article,
POTW shall also include any sewers that convey wastewaters to the
POTW from persons outside the Town who are, by contract or agreement
with the Town, dischargers to the Town's POTW.
A responsible corporate officer may be: (a) A president,
secretary, treasurer or vice president of the corporation or division
in charge of a principal business function, or any other person who
performs similar policy or decision-making functions for the corporation.
(b) The manager of one or more manufacturing, production, or operation
facilities employing more than two 250 persons, or having gross annual
sales or expenditures exceeding $25,000,000, if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
Any User who meets any one of the following criteria:
The volume of industrial process wastewater exceeds 25,000 gallons
per day.
The amount of BOD, COD or Suspended Solids in the industrial
process wastewater discharge exceeds the mass equivalent of 25,000
gallons per day of domestic waste to the Town.
The volume of industrial process wastewater in the discharge
exceeds 5% or more of the average daily flow to the Town.
POTW of any pollutants listed in Tables IItributes, prior to any pretreatment, 5% or more of the total daily mass loadings to the POTW of any pollutants listed in Tables II - VI of Appendix B of N.J.A.C. 7:14A.
The User is determined to be a Hazardous Waste Facility under
N.J.A.C. 7:26-12 and meets the requirements of N.J.A.C. 7:14-4.2(b)(1).
The User is determined to be an Industrial Waste Management
Facility under N.J.A.C. 7:14A-4.
The User has been found by NJDEP to be in violation of State
laws or regulations, or local ordinances concerning environmental
issues affecting the quality of the User's discharge.
The discharge consists of landfill leachate, either pure or
diluted by groundwater or surface runoff.
The discharge consists of significant quantities of polluted
groundwater which is pumped from the ground in order to decontaminate
an aquifer.
NJDEP determines it would be consistent with the intent of the
Pretreatment Act of State Act or require a permit for a discharger.
A User's discharge of wastewater which, in concentration
of any pollutant in Appendix B or in quantity of flow, exceeds for
any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration or flows during normal
operation and causes interference and/or pass through at the POTW.
A classification pursuant to the Standard Industrial Classification
Manual, 1987 (as revised) issued by the Executive Office of the President,
Office of Management and Budget.
The State of New Jersey.
The New Jersey "Water Pollution Control Act," N.J.S.A. 58:10A-1
et seq.
Any flow occurring during or immediately following any form
of natural precipitation and resulting therefrom.
The superintendent of the wastewater treatment system of
the Town or his duly appointed deputy, agent or representative.
The Total Nonfilterable Residue as determined by analysis
procedures approved by EPA as specified in 40 CFR Part 136.
The Town of Morristown, the Town Council, or its duly designated
representative.
The Town Engineer or his designee.
Those pollutants, or combinations of pollutants, including
disease- causing agents, which after discharge and upon exposure,
ingestion, inhalation or assimilation into any organism, either directly
or indirectly by ingestion through food chains, may, on the basis
of information available, cause death, disease, behavioral abnormalities,
cancer, genetic mutations, physiological malfunctions, including malfunctions
in reproduction, or physical deformation, in such organisms or their
off-spring. Toxic pollutants shall include, but not be limited to,
those pollutants designated under Section 307 of the Act or Section
4 of the State Act.
Any device or system, whether public or private, used in
the storage, treatment, recycling or reclamation of municipal or industrial
waste of a liquid nature, including: intercepting sewers, outfall
sewers, sewage collection systems, cooling towers and ponds, pumping,
power and other equipment and their appurtenances; extensions, improvements,
remodeling, additions, and alterations thereof; elements essential
to provide a reliable recycled supply such as standby treatment units
and clear well facilities; any other works including sites for the
treatment process or for ultimate disposal of residues resulting from
such treatment. Additionally, "treatment works" shall mean any other
method or system for preventing, abating, reducing, storing, treating,
separating, or disposing of pollutants, including domestic and industrial
wastes.
An exceptional incident in which there is an unintentional
and temporary noncompliance with the limits specified in this Ordinance
or the Class 1 or Class 2 Permit because of factors beyond the control
of the User. An upset does not include noncompliance to the extent
caused by the operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventative maintenance,
or careless or improper operation.
Any nonresidential discharger whether requiring a Permit
or Permit-By-Rule or SIU Permit, who discharges, causes, or permits
the discharge of wastewater into the treatment works. By definition
this shall include Users in the Town of Morristown, Township of Hanover
and Township of Morris.
Either domestic sanitary wastes or industrial wastes, or
both.
The liquid and water-carried wastes from dwellings, commercial
buildings, industrial facilities, and institutions, whether treated
or untreated, which is discharged into or permitted to enter the Town
treatment works.
[Ord. No. O-18-89 § 169-2]
The new Users who desire to locate in the Town of Morristown service area in new or existing facilities or existing Users which desire to commence operations at a new or existing but different facility within the service area shall file a Wastewater Discharge Data Disclosure form and prior to commencement of operations, receive written approval for discharge in a form prescribed by the Town. This form may be in the nature of any Class 1 or Class 2 Permit, or Permit-by-Rule. Approval of any site development plans shall be subject to compliance with § 20-60. No new User shall be permitted to connect to the POTW without the installation of technology required to meet applicable pretreatment standards requirements.
[Ord. No. O-18-89 § 169-3; Ord. No. O-22-90]
All Users discharging wastes directly or indirectly to the Town of Morristown POTW prior to the effective date of this § 20-28 are hereby granted temporary authority to discharge these wastes. This temporary authority shall expire 90 days after the effective date of this article unless prior to that date the discharger has filed by certified mail, return receipt requested a Wastewater Discharge Data Disclosure form and/or an application for a Class 1 Permit in accordance with §§ 20-24 and 20-26 and received written approval setting forth specified conditions for discharge in accordance with § 20-28 in a form prescribed by the Town. This written approval shall be in the nature of any Class 1 or Class 2 Permit, or Permit-by-Rule authorization or temporary approval setting forth specified conditions in accordance with § 20-30 to discharge pending review and approval of the permit application. All such written approvals shall be sent by certified mail, return receipt requested. In the event the User has not received such written approval within the ninety-day period, the temporary authority to discharge shall continue pending the User's receipt of a final determination after exhaustion of administrative and judicial remedies. Such authority may be suspended or revoked in accordance with the terms and provisions set forth in § 20-49 where the User knowingly discharges pollutants set forth in § 20-45 or violates the provisions of § 20-32 et seq.
[Ord. No. O-22-90]
a.
Effective 90 days after the adoption of this article, all Users who
have been advised by the Town Engineer of their classification as
Class I and Class II Users shall be required to limit the discharge
of conventional pollutants to the limits set forth in Appendix E-1
and E-2, until such time as the final Class I or Class II permit is
issued.
b.
Class I and Class II Users shall be required to perform wastewater analyses of parameters set forth in Appendix E-1 and E-2 in accordance with the requirements of § 20-35. Class I Users shall be required to perform such testing at the frequency set forth in Appendix E-1 and shall submit monthly reports of the monitoring results to the Town Engineer.
c.
If a User cannot currently meet the discharge limits set forth in
Appendix E-1 or E-2, it shall submit a report to the Town Engineer
describing the current types of control and/or removal techniques
the User has in place, the operational problems anticipated by the
User and a demonstration that the interim limits cannot be achieved.
The User's report shall be certified by a Professional Engineer
licensed in the State of New Jersey.
d.
The Town Engineer will review this report, using criteria from 40
CFR 125 and N.J.A.C. 7:14A. In the event that the Town Engineer determines
that a User is not presently satisfying and cannot reasonably satisfy
the discharge limits of Appendix E-1 and E-2, then he shall modify
the User's interim limit requirement to limits that the User
can achieve in accordance with criteria set forth in N.J.A.C. 7:14A
and 40 CFR 125.
[Ord. No. O-18-89 § 169-4]
All Users proposing to connect to or discharge sewage, industrial
wastes and other wastes to the Town POTW shall complete and file with
the Town Engineer a disclosure declaration in the form prescribed.
The Town Engineer shall develop written procedures for this article
and shall transmit a copy of the said procedures to all Users with
the Town's request for a Wastewater Data Discharge Disclosure
or Class 1 Permit Application. Existing Users shall file disclosure
forms within 60 days after receipt of the forms from the Town Engineer,
and proposed new Users locating in new or existing facilities shall
file disclosure forms at least 90 days prior to connecting to the
POTW. The disclosure to be made by the User shall include:
a.
Name, address, and location (lot and block) of the industrial User.
b.
Name and phone number of contact person.
c.
Standard Industrial Classification (SIC) code or codes.
d.
Description of activities and products manufactured.
e.
Available or historical information on the wastewater constituents
and characteristics including but not limited to those mentioned in
Appendix B of this chapter.
f.
Time and duration of discharge.
g.
Average daily and instantaneous peak wastewater flow rates, in gallons
per day, including daily, monthly and seasonal variations, if any.
h.
Description of facilities and plant process on the premises including
all materials set forth in 169-12(C) which are or may be discharged
to the sewers or the Town POTW.
i.
All forms shall be signed by an Authorized Representative of the
User.
j.
If the forms concern engineering related matter, (such as design
reports, engineering drawings, specifications, etc.), the form shall
also be signed as required by local, State or Federal requirements
by a New Jersey licensed Professional Engineer.
k.
Any planned physical or operational alterations or additions to User's
facilities which could result in violation of the conditions of this
article or change the nature and/or quantity of the discharge.
[Ord. No. O-18-89 § 169-5]
Upon review of Wastewater Discharge Data Disclosure the Town Engineer shall make a preliminary classification of Users into one of the three classes. Class 1 Users shall be subject to § 20-26 et seq. of this chapter and shall require a Class 1 Permit. Class 2 Users shall be subject to § 20-29 et seq. and shall require a Class 2 Permit. Class 3 Users shall be subject to § 20-31 et seq. and shall be issued a Permit-By-Rule. The User may appeal from the Town Engineer's preliminary classification in accordance with the procedures set forth in § 20-26, Paragraphs d, e and f.
[Ord. No. O-18-89 § 169-6]
a.
After making a preliminary determination of a Class 1 User the Town
Engineer shall transmit a Class 1 Permit Application to the User.
Within 90 days of receipt of the application the User shall submit
the completed application to the Town Engineer. Upon receipt of a
completed application the application shall be processed, and upon
approval, a Class 1 or 2 Permit shall be issued. Where a User knows,
without independent determination by the Town Engineer that it is
a Class 1 User, it may, at its option submit a Class 1 Application
in lieu of submitting a Wastewater Discharge Data Disclosure.
b.
The application shall be deemed complete if the applicant has complied with all requirements of this article and furnished to the Town Engineer all requested information and test results set forth in § 20-27, Paragraphs a1, a2, a3 and b.
c.
An application submitted by a corporation shall be signed by a Responsible
Corporate Officer.
d.
If an application is not approved the applicant will be notified
in writing of the reasons for said denial. In such event, the applicant
may either resubmit the application for a Class 1 Permit which addresses
the reasons for denial, or in the alternative, request a meeting with
the Town Engineer or his designee, for a reconsideration of the application.
e.
If after reconsideration of the application the Class 1 Permit is
still denied, the Town Engineer shall advise the applicant in writing,
setting forth his reasons for denial. The Applicant may appeal in
writing to the Morristown Health Officer within 10 days of issuance
of the written reconsideration opinion by the Town Engineer. The Health
Officer shall rely on the application, written submissions by the
applicant and the Town Engineer, may take testimony into consideration
when rendering his or her determination if a hearing is requested
by the applicant or the Health Officer deems it necessary. The written
determination shall be issued within 30 days of the appeal.
f.
If, after review by the Health Officer, the Class 1 Permit is still
denied, the applicant may appeal in writing to the Hearing Committee
within 10 days of the issuance of the written determination by the
Health Officer. The Hearing Committee shall rely on the application,
written submissions by the applicant and the Town Engineer and the
Health Officer and may take testimony into consideration if requested
or deemed appropriate in rendering its written decision within 45
days of the appeal. Any further appeals may be taken to the Superior
Court in accordance with law.
g.
If the User contests the conditions proposed in a permit approval,
he may appeal the permit conditions in accordance with the procedures
set forth in Paragraphs d, e and f above.
h.
Class 1 Users shall be charged in accordance with Appendix C, which
will include the cost to the Town to administer the permit and verification
sampling of the User's discharge.
i.
Approval of the application is subject to the Town Engineer determining
the following:
[Ord. No. O-18-89 § 169-7]
a.
All Class 1 Users are required, at a minimum, to submit as part of
their application, the following reports to Town Engineer, which shall
be a condition of the Class 1 Application or Permit.
1.
Baseline Monitoring Report (BMR): Prior to issuance of monitoring
requirements and discharge limitations in the Class 1 Permit, all
Users (whether categorical and non-categorical) are required to submit
a BMR in accordance with 40 CFR 403.12. Upon request and payment of
the fee the Town will prepare the BMR for the User. Parameters to
be sampled for are covered in Appendix A. Frequency of testing shall
be in accordance with the following guidelines:
(a)
A minimum of four grab samples must be used for pH, cyanide,
total phenols, oil and grease, sulfide, petroleum hydrocarbons and
volatile organics. For all other pollutants, twenty-four-hour composite
samples must be obtained through flow-proportional composite sampling
techniques. The Town Engineer may waive flow-proportional composite
sampling for any User that demonstrates that flow-proportional composite
sampling is infeasible. In such case, samples may be obtained through
time-proportional composite sampling techniques or through a minimum
of four grab samples which shall be composited into a single sample.
Time proportional or grab sampling only shall be permitted during
a twenty-four-hour period where the User demonstrates that this will
provide a representative sample of the effluent being discharged.
The User shall take four grab samples and one composite over a twenty-four-hour
period representative of cycles of operation or production to compile
the data necessary to comply with these requirements.
If the User certifies and the Town Engineer is satisfied that
the first sampling event confirms that the samples taken were representative
of the User's discharge during operational periods, he may authorize
that no additional samples be required. The User may provide historical
data to substantiate its certification. If in the opinion of the Town
Engineer the first test is not representative of the User's operational
discharge, the Town Engineer may require up to two more tests be taken.
The User shall commence the additional sampling within 30 days of
receipt of written notice from the Town Engineer. An original copy
of all test results shall be provided to the Town Engineer within
60 days of the sampling event. In the event of extenuating circumstances
such as delay on the part of the laboratory, the Town Engineer, in
his discretion, may extend this period.
(b)
The Town Engineer may arrange for an inspection of the User's
facility at a mutually convenient time. The inspection shall be conducted
after receiving the application and before issuance of the Class 1
Permit. The determination of the Town Engineer regarding the number
of samples required to complete the BMR or pollutants to be analyzed
shall be final and not subject to reconsideration or appeal.
(c)
If the first series of samples indicates only the presence of
the pollutants listed in Table I of Appendix B and a review of the
User's Wastewater Discharge Data Disclosure and, as appropriate,
Town Engineer's site inspection of the User's facility confirms
no potential for other pollutants, then in such event, the Town Engineer
may authorize the remaining samples required for the BMR to be limited
to Appendix B, Table I. Where appropriate, the Town Engineer may require
additional testing for specified parameters listed in Table II.
(d)
Where the BMR is prepared by the User, the Town Engineer may,
where appropriate, confirm the validity of the User's samples
by performing up to four verification samples.
(e)
The Class 1 User shall also provide a representative analysis
of its effluent prior to any pretreatment, testing for parameters
listed in Appendix A.
(f)
Where the BMR is prepared by the Town, if the first series of
samples is not representative and additional sampling is necessary,
in the absence of negligence or fault of the Town or its agents, the
User will be advised of any additional escrow deposit that will be
required to complete the BMR.
2.
Certification statement: A certification statement shall be submitted
with all wastewater discharge analytical data and signed by an Authorized
Representative certifying his belief that the information provided
is true, accurate and complete.
3.
Compliance schedule: In the case of non-compliance with the limits
indicated in Appendix A, the User must submit a compliance schedule
with its application to achieve compliance with this article on a
consistent basis. The schedule shall indicate what actions the User
will take to provide additional pretreatment or implement additional
operational and maintenance activities in accordance with 40 CFR 403.12.
The compliance schedule shall be subject to review and approval by
the Town and made a condition of the permit. Where appropriate, interim
limits shall be established in the permit.
4.
Compliance progress report: Not later than 14 days following each
date in the compliance schedule and the final date for compliance,
the User shall submit a progress report to the Town in accordance
with 40 CFR 403.12, including, at a minimum, whether or not it complied
with the increment of progress to be met on such date and, if not,
the date on which it expects to comply with this increment of progress,
the reason for delay and steps to be taken by the User to return to
the schedule established.
5.
Self-monitoring reports: At a frequency specified in the Class 1
Permit each User shall submit periodic self-monitoring reports in
accordance with 40 CFR 403.12. This shall include a report indicating
the nature and concentration of the parameters in the effluent monitored
by the permit and/or Appendix A, a record of average and maximum daily
flows for a time period specified by the Town, and other related information
specified in a format developed by the Town.
b.
In addition to the reports required under other sections of this article, the User shall submit with its application to the Town an inventory of chemical constituents (liquid and solid materials) stored on site in accordance with § 20-32c. These constituents must be reported even if they are not normally discharged.
[Ord. No. O-18-89 § 169-8]
Class 1 Permits shall set forth general and special conditions,
which will include but not be limited to those required by N.J.A.C.
7:14A-1 et seq. These conditions, which will be subject of negotiations
between the Town and User, shall set forth the following minimum conditions:
a.
Self monitoring requirements of constituents listed in Appendix A.
b.
Prohibitions and limitations in accordance with § 20-45 on wastes discharged to the sanitary sewer in accordance with Appendix A.
e.
Management requirements and responsibilities to include, but not
be limited to, administrative requirements of this article; proper
operation and maintenance of pretreatment facilities; sufficient staffing
with proper training; appropriate laboratory control with sufficient
Quality Assurance/Quality Control Practices; adequate funding for
proper operation and maintenance.
f.
Reasonable imposition of special conditions applicable to Class 1
Users on a case-by-case basis.
g.
Analysis of the User's effluent, prior to any pretreatment,
of those parameters listed in Appendix A to be provided every five
years upon application for renewal of User's Permit.
[Ord. No. O-18-89 § 169-9]
a.
Upon determination that a User meets the definition of a Class 2
User the Town Engineer shall arrange for a site inspection at the
User's facility at a mutually convenient time. During the inspection
the Town Engineer shall identify conditions of existing and/or probable
non-compliance with this article.
b.
Where non-compliance with Appendix A is identified or is probable,
the User shall be required to submit a Best Management Practices (BMP)
Plan. The BMP Plan shall address the User's efforts to eliminate
non-compliant conditions. The User shall be charged for review of
BMP in accordance with Appendix C.
c.
Within 60 days of issuance of the BMP Plan Requirement the User shall
submit the BMP Plan to the Town Engineer. Extension of time may be
granted where, in the discretion of the Town Engineer it is warranted.
d.
Within 60 days of the Town's written acceptance of the User's
BMP Plan, the User shall submit to the Town Engineer a Certificate
of its compliance with the Plan. Extension of time may be granted
where, in the discretion of the Town Engineer it is warranted.
e.
Within 90 days of the Town's written acceptance of the User's
BMP Plan, the User shall supply the Town with a Certification of compliance
with selected parameters of Appendix A, as directed by the Town Engineer.
Extension of time may be granted where, in the discretion of the Town
Engineer, it is warranted. Upon receipt of this certification, the
User shall be issued a Class 2 Permit. Minimum parameters to be addressed
by the Class 2 Certificate of Compliance are to include: BOD, one
twenty-four-hour flow-proportional composite sample TSS, one twenty-four-hour
flow-proportional composite sample Copper, one twenty-four-hour flow-proportional
composite sample pH, one grab sample oil and grease.
Sampling and analysis is to conform to the requirements of this
article. The Town Engineer may waive flow proportional composite sampling
for any User that demonstrates that flow proportional composite sampling
is infeasible. In such case, samples may be obtained through time-proportional
composite sampling techniques or through a minimum of four grab samples
over a period of 24 hours where the User demonstrates that this will
provide a representative sample of the effluent being discharged.
f.
If system enforcement sampling indicates noncompliance with either
the Plan or Appendix A limits then application for the Class 2 Permit
will be denied or the Permit revoked. If sampling reveals that the
User is consistently discharging such constituents as would fall within
the definition of a Class 1 User, the Town Engineer may require that
User apply for a Class 1 Permit.
g.
If a Class 2 Permit is denied or conditions imposed which the User wishes to appeal then the appeal procedures set forth in § 20-26, Paragraphs d, e, f and g shall apply.
h.
Class 2 Users shall be charged an annual Permit charge in accordance
with Appendix C, which will include the cost to the Town to administer
the Permit and system enforcement sampling.
[Ord. No. O-18-89 § 169-10]
Class 2 Permits shall set forth general and special conditions,
which will include but not be limited to those required by N.J.A.C.
7:14A-1 et seq. These conditions, which will be the subject of negotiations
between the Town and the User, shall set forth the following minimum
conditions:
a.
Prohibitions and limitations on wastes discharged into the sanitary sewers in accordance with § 20-45 and Appendix A.
b.
Compliance with accepted Best Management Plan.
c.
Accessibility to Town Personnel for periodic system enforcement sampling.
d.
Management requirements and responsibilities to include but not be
limited to, administrative requirements of this article; proper operation
and maintenance of pretreatment facilities; sufficient staffing with
proper training; appropriate laboratory control with sufficient Quality
Assurance/Quality Control Practices; adequate funding for proper operation
and maintenance.
e.
Reasonable imposition of special conditions applicable to Class 2
Users on a case by case basis.
|
Upon consistent non-compliance with the above, the Town or NJDEP may terminate the eligibility of a Class 2 Permit and require the discharge to obtain a Class 1 Permit and/or individual NJPDES/SIU Permit in accordance with N.J.A.C. 7:14A-10.1(h). The User shall have the right to appeal the termination of eligibility for a Class 2 Permit in accordance with the procedures set forth in § 20-26, Paragraphs d, e and f.
|
[Ord. No. O-18-89 § 169-11; Ord. No. O-8-07]
In accordance with N.J.A.C. 7:14A-13.5, all dischargers that:
|
-are not Significant Industrial Users; or
|
|
-are not required to obtain a Class 1 or Class 2 Permit; and
|
|
-meet the definition of a Class 3 User; and
|
|
-are authorized in writing by the Town to discharge
|
|
shall be determined to possess a NJPDES and a Morristown Permit-By-Rule.
|
|
There will be an initial one-time charge for all Permits-by-Rule
issued by the Town. This charge shall be in accordance with Appendix
C. All Class 3 Users shall comply with all of the following:
|
b.
Federal Categorical Pretreatment Standards in accordance with the proper subpart of 40 CFR Chapter 1, Subchapter N.
c.
The discharge requirements set forth in Appendix A.
d.
Water quality violations in accordance with N.J.A.C. 7:14-13.6.
e.
Sludge quality violations in accordance with N.J.A.C. 7:14-13.7.
f.
Any other promulgated USEPA or NJDEP standards in accordance with
the Pretreatment Act or the State Act.
|
Upon non-compliance with the above, the Town or NJDEP may terminate
the eligibility of a Permit-by-Rule and require the discharger to
obtain a Class 1 or 2 Permit and/or individual NJPDES/SIU Permit in
accordance with N.J.A.C. 7:14A-10.1(h). Notification of a Permit-by-Rule
shall be issued by the Town Engineer after analysis of the Wastewater
Data Disclosure Documents and a site inspection, where appropriate.
Notification shall be made within 180 days of receipt of the Wastewater
Data Disclosure.
|
[Ord. No. O-18-89 § 169-12; Ord. No. O-8-07]
a.
All Users, whether discharging by authority of Permit or Permit-by-Rule,
who discharge or propose to discharge wastewater to the POTW shall
maintain such records of production and related factors, effluent
flows, and pollutant amounts or concentrations as are necessary to
demonstrate compliance with the requirements of this article, the
Class 1 or Class 2 Permit and any applicable State or Federal pretreatment
standards or requirements.
b.
Records shall be made available within 15 days of written request
by the Town Engineer. All records relating to compliance with pretreatment
standards shall be made available to officials of NJDEP and the United
States Environmental Protection Agency upon request. A summary of
the data indicating the User's compliance with this article shall
be prepared and submitted to the Town Engineer and designated in the
Class 1 or Class 2 Permit. All records shall be retained for a minimum
of five years and/or throughout the course of any pertinent litigation.
This section is not intended to be a requirement that additional tests
not required by the permit be conducted.
c.
In addition to the reports required under other sections of this
article, the User shall submit to the Town an inventory of chemicals
and quantity of liquid and solid materials, by International Union
of Pure and Applied Chemistry (IUPAC) name and Chemical Abstract Service
(CAS) number, stored on site even though they are not normally discharged.
This shall be in accordance with requirements of N.J.A.C. 7:16-1.1
et seq. The User shall provide the Town Engineer with copies of reports
filed with the State in accordance with N.J.A.C. 7:16-1.1 et seq.
within 10 days of filing with the State.
d.
All Users who hold a Significant Industrial User Permit issued by
the New Jersey Department of Environmental Protection shall submit
to the Town a copy of their periodic Discharge Monitoring Reports
and Sludge Quality Assurance Report within 10 days of filing same
with the New Jersey Department of Environmental Protection.
[Ord. No. O-18-89 § 169-13]
a.
Existing Users designated by the Town Engineer and each new User
shall install, at his own expense, suitable monitoring equipment,
approved by the Town, to facilitate the accurate observation and sampling
of pollutants and materials. Such equipment shall be kept safe, secure
from unauthorized entry or tampering and accessible to Town personnel
at all times.
b.
_____
1.
When more than one User can discharge into a common sewer, the Town
Engineer may require installation of separate monitoring equipment
for each User.
2.
When there is significant difference in wastewater constituents and
characteristics produced by different operations of a single User,
the Town Engineer may require that separate monitoring equipment be
installed for each discharge.
c.
Whether constructed on private or public property, the monitoring
facilities shall be constructed in accordance with all applicable
construction standards and specifications. Plans and specifications
for all such work will be submitted to the Town Engineer for approval
prior to construction.
d.
Existing Users shall comply with this Monitoring Facilities and/or
equipment requirement to the maximum extent possible. As site improvements
are made, provisions for the Monitoring Facilities shall be incorporated
where deemed necessary by the Town Engineer in the designs and improvements.
As may be otherwise designated by the Town Engineer, all Users shall
install, at their own expense, suitable monitoring facilities to facilitate
the accurate observation and sampling of pollutants and materials.
[Ord. No. O-18-89 § 169-14]
a.
A pretreatment facility or device may be required to treat industrial
pollutants and materials discharged to the public sewer or the POTW.
Where pretreatment or construction is necessary to control industrial
pollutants and materials, the User shall develop a reasonable compliance
schedule for the installation of technology required to meet applicable
pretreatment standards and requirements. As prescribed in the Permit,
schematics, detailed plans and specifications, process descriptions
and other pertinent data or information relating to the pretreatment
facility or device shall be filed with the Town Engineer. Such filing
shall exempt neither the User nor the facility from compliance with
any applicable code, ordinance, rule, regulation or order of any governmental
authority or from this article. Any subsequent alterations or additions
to such pretreatment or shall not be made without due notice and submission
of detailed plans and specifications, and approval by the Town which
will not be unreasonably withheld.
b.
If inspection of pretreatment facilities by the Town Engineer reveals
that such systems are not installed or operating in conformance with
the plans and procedures submitted to the Town or are not operating
in compliance with effluent limitations required by the Town, the
User shall make all modifications necessary to meet those requirements.
All pretreatment systems requiring engineering design, shall have
plans prepared and signed by a New Jersey licensed Professional Engineer.
If pretreatment or control of waste water flows is required, such
facilities shall be maintained in good working order and operated
as efficiently as possible by the owner or operator at his own expense,
subject to the requirements of this article and all other applicable
codes, ordinances and laws.
c.
The pretreatment facilities shall at all times be under the direct
supervision and control of an Authorized Representative of the User.
The name of such representative shall be forwarded to the Town within
five days of employment in such capacity. The Town reserves the right,
within its sole discretion, to request that the facilities shall be
under control of a licensed treatment plant operator if and when the
State implements licensing procedures for operations of pretreatment
facilities. Within 180 days of notice from the Town, the User shall
comply with such requirements.
[Ord. No. O-18-89 § 169-15]
a.
Laboratory analyses of wastewater samples shall be performed in accordance
with the Environmental Protection Agency Guidelines Establishing Test
Procedures for Analysis of Pollutants (40 CFR, Part 136), published
in the Federal Register, Vol. 41, No. 232, 12-1-76, and subsequent
revisions. Analysis of those pollutants not covered by the publications
referred to therein shall be performed in accordance with procedures
approved by the Town.
b.
Measurements, tests and analyses of the characteristics of wastewater
which are required under the Class 1 or Class 2 Permit or Appendix
A or Appendix B shall be performed by a laboratory certified by the
State of New Jersey with respect to the required analyses. In some
circumstances, the Town may authorize the use of in-house or other
noncertified laboratories for certain limited routine analyses upon
application by the User.
c.
For each measurement of a sample as required by the Class 1 or Class
2 Permit, the Permittee shall maintain a Chain of Custody record with
the following information:
1.
Sample number.
2.
Sample description.
3.
Sample matrix.
4.
Specific location of sample collection.
5.
Date and time of sample collection.
6.
Preservation techniques used.
7.
Identity and signature of person collecting sample.
8.
Analyses to be performed on collected samples.
9.
Date and time of sample transfer to certified laboratory.
10.
Identity and signature of person transferring sample.
11.
Date and time of custody transfer to certified laboratory.
12.
Identity and signature of person accepting sample.
d.
Samples and measurements taken as required by the Class 1 or Class
2 Permit shall be representative of the volume and nature of monitored
discharge.
[Ord. No. O-18-89 § 169-16]
a.
As a minimum, the pollutants and materials identified in Appendix
A shall be analyzed by the Class 1 User. The frequency of the User's
sampling and analysis shall be specified in the Class 1 Permit and/or
will vary based on the volume and quality of wastes discharged, as
well as other factors which the Town deems appropriate but will not
exceed the maximum frequency requirements set forth in Appendix A.
[Ord. No. O-18-89 § 169-17]
a.
Duration.
1.
A Permit-by-Rule issued pursuant to this article will continue for
the life of the owner/operator, provided that the terms and conditions
of the Permit-by-Rule and this article be substantially complied with.
2.
Class 1 and Class 2 Permits issued pursuant to this article will
continue in force for a period of five years provided that the terms
and conditions of the Class 1 or Class 2 Permit and this article are
substantially complied with.
b.
Renewal. Between nine and 12 months prior to the Class 1 or Class 2 Permit expiration date, Morristown will notify the permit holder that the permit must be renewed. If a permittee wishes to continue discharging to the treatment plant, he shall request a renewal of his Class 1 or Class 2 Permit no later than six months prior to the expiration date of the permit than in force. Failure to make a timely request may result in the suspension or revocation of the permit. The request shall be contained in an application form prepared by Morristown. Fees will be charged in accordance with Appendix C. Submission of Class 1 User's effluent analysis prior to pretreatment as required by § 20-28g shall be submitted with User's application for renewal.
[Ord. No. O-18-89 § 169-18; Ord. No. O-8-07]
a.
The terms and conditions of all permits including Permits-by-Rule
may be subject to modification by the Town during the life of the
permit. Only those terms and/or conditions to be modified shall be
effected in a permit modification, except where the proposed change
warrants a change in the class of permit. All other aspects of the
unmodified portion of the existing permit shall remain in effect for
the duration of the permit. Modifications to the permit may be made
under the following circumstances:
1.
Any User which proposes to make any material and substantial changes
that affect either the quality or quantity of its discharge to the
POTW which justify the application of permit conditions that are different
from those in the existing permit shall apply for a modification.
Upon modification, the User shall provide a representative analysis
of its effluent, prior to any pretreatment, testing for those parameters
listed in Appendix A.
2.
Any time that self-monitoring or verification identifies consistent
permit non-compliance.
3.
Modification of the permit may be necessary as Appendix A is amended
to include more or less stringent criteria. It is anticipated that
this Appendix will be amended as baseline monitoring reports, key
man-hole flows and POTW influent are reviewed.
4.
The terms and conditions of the permit are subject to modification
in accordance with limitations or requirements imposed by the Federal,
State or New Jersey Pollutant Discharge Elimination System pretreatment
requirements.
5.
The User causes interference or pass through to the treatment process
or operation, while in compliance with its current permit.
6.
The user may request modification of the permit. The request shall
be in writing and shall contain the facts or reasons supporting the
request.
7.
Any User shall also file an application for permit modification upon:
(i) proposing changes or actions which will cause the User to become
a "Significant Indirect User;" (ii) becoming or determining one is
a "Significant Indirect User;" or (iii) upon promulgation of regulations
which will cause the User to become a Significant Indirect User.
b.
The User shall be notified, in writing, of the modification, or in
the case of Paragraph a6 above, the reasons for denial. Within 30
days, the User may either submit information relative to the modification
or denial, and/or request a meeting with the Town Engineer for reconsideration
of the modification or denial.
c.
If after reconsideration, the modification is affirmed or the request
is denied, the User may appeal in writing to the Health Officer within
10 days of the issuance of written reconsideration opinion by the
Town Engineer. The Health Officer shall rely on the modification,
in the written submissions by the User and the Town Engineer and shall
take testimony if requested, or as deemed appropriate by the Health
Officer. The Health Officer shall render his or her written opinion
within 20 days of the appeal.
d.
If after the appeal to the Health Officer, the modification is affirmed
or the request is denied, the User may appeal in writing to the Hearing
Committee within 10 days of the issuance of the written opinion by
the Health Officer. The Hearing Committee shall rely on the modification,
written submissions by the User, the Town Engineer and the Health
Officer and shall take testimony if requested, or as deemed appropriate
by the Hearing Committee. The Hearing Committee shall render its written
decision within 30 days of the appeal. Any further appeal shall be
made to the Superior Court in accordance with law.
e.
Affected Users shall submit monies to defray the costs to the Town
for necessary professional services including, but not limited to,
fees for attorneys, engineers, laboratories and other professionals
or consultants whose services are necessary in order to properly process
the modification by the approving Authority.
1.
The Town shall notify the User in writing of the estimate and the
User shall forthwith deposit this amount in the escrow. Each affected
User shall pay an initial deposit at the time of modification request
which shall be deposited in a common escrow fund maintained for all
such deposits. The Town Administrative Officer shall maintain a separate
account statement for each User. The Town shall make a good faith
estimate as to the cost of the modification and upon request, review
the estimate with the User.
2.
All bills incurred by the Town for professional services, including,
but not limited to, site inspections, review of modification related
to materials, preparation of reports, attendance at meetings, sampling
and analyses, performed in connection with the processing of a modification
shall be charged against a User's escrow account established
pursuant to this section. The Town shall require all professionals
to submit itemized bills specifically identifying all services performed
for each modification. Copies of those itemized bills shall be provided
to the User. All charges for professional services shall not exceed
the usual and customary fees charged by such professionals for like
services.
3.
In the event that a User's escrow fund shall be depleted prior
to the completion of the issuance of the modification determination,
the Town shall immediately notify the User, in writing, that there
is or will imminently be a deficiency in the User's escrow account.
Upon request, the Town Engineer shall review this estimate with the
User. The Town shall also make a good faith estimate as to the cost
the Town is likely to incur in additional professional services to
complete the processing of the modification. The User shall forthwith
deposit the amount of the additional escrow estimated by the Town.
4.
Any deposit remaining in the User's escrow account upon completion
of the modification determination shall be returned forthwith to the
User, excluding the sum which shall be used to defray any additional
administrative and verification sampling fees.
5.
Costs incurred from modification to the Permit resulting from circumstances
described in §§ 20-38a3 and 20-38a4 shall not be charged
to the User's escrow.
[Ord. No. O-18-89 § 169-19]
a.
A permit including Permit-by-Rule, may be transferred to a new User
if:
1.
The current User notifies the Town in writing at least 30 days in
advance of the proposed transfer date; and
2.
The notice includes a written agreement between the existing and
new User containing a specific date for transfer of permit responsibility,
coverage and liability between them; and
3.
The new User certifies to the Town Engineer that there will be no
substantial change in process operations or discharge by the new Permittee
which would justify the application of new Permit conditions; and
4.
The Town approves the application for transfer in writing.
b.
Except for Permits eligible for transfer as set forth in Paragraph
a, no permit including Permit-by-Rule may be transferred by a User
to a new owner or operator.
[Ord. No. O-18-89 § 169-20]
The Class 1 and Class 2 User shall not commence the discharge
of process wastewater to the POTW until it can demonstrate to the
Town Engineer's satisfaction, its ability to meet its financial
obligations of this article by satisfying the following criteria:
a.
The User will maintain at all times a working capital in excess of
an amount specified in the Permit.
b.
The User will annually furnish to the Town within 30 days of the
completion of the audit, a certificate from independent auditors certifying
that the User's net working capital at the time of the conclusion
of the audit is in excess of the Permit requirements. Where the User
does not retain an independent auditor in the ordinary course of business,
an Authorized Representative may submit, on an annual basis, a certificate
stating that an internal audit shows working capital in excess of
permit requirements.
c.
The User will not be in default in the payment of any debt or liability owing to any bank or any bondholder except in the instance of a bona fide dispute; it will not be a party to a Petition in Bankruptcy filed by or against the User exclusive of an approved reorganization under Chapter 11 of the Bankruptcy Law; and the User will not become a party to any proceeding under State or Federal law for an adjustment, settlement, extension of or other relief from its debts.
d.
The User will furnish to the Town a certificate of no default signed
by an Officer of the Corporation certifying that the User is not aware
of any condition, event or act which constitutes non- compliance with
the foregoing requirements. Such certificate will be delivered to
the Town annually, at the same time the auditor's certificate
is submitted.
e.
If at any time the User is unable to satisfy all of the above conditions, the permit may be terminated in accordance with § 20-51. In the event that the User fails to voluntarily comply with the insurance requirement, the Town shall take such steps as deemed necessary to terminate the discharge.
f.
The User shall furnish evidence of Comprehensive General Liability
Insurance with a limit of no less than $1,000,000 combined Single
Limit (CSL).
[Ord. No. O-18-89 § 169-21]
a.
Information and data obtained from reports, questionnaires, permit
applications, permits, monitoring and enforcement programs and from
inspections shall be available, upon request, to the public or other
governmental agencies for use related to any permit including Permit-by-Rule,
unless the User specifically objects to such release of information
and is able to demonstrate to the satisfaction of the Town that the
release of such information would divulge information, or processes
or methods of production entitled to protection as trade secrets.
b.
When a User asserts that information contained in its applications
and reports is confidential, the User and the Town Engineer shall
follow the procedures set forth in N.J.A.C. 7:14A Subchapter 11 for
the determination of confidentiality and treatment of confidential
information. Each reference to "the Department" in N.J.A.C. 7:14A-11.1
et seq. shall be deemed "the Town Engineer" for purposes of this chapter.
Notwithstanding any claim of confidentiality by the User, all information
shall be made available upon written request to the Environmental
Protection Agency and/or the Department of Environmental Protection
for uses related to the permit, the New Jersey Pollutant Discharge
Elimination System (NJPDES) and/or the State or Federal pretreatment
programs; and such portions of a report shall be available for use
in judicial review or enforcement proceedings involving the User.
Such information shall be provided to other agencies with notice of
the User's request that it be maintained as confidential. Wastewater
constituents and characteristics will not be recognized as confidential
information. Except as restricted herein, public access to all data
shall be provided in accordance with N.J.S.A. 47:1A-2, except where
the release thereof is prohibited by law.
c.
Any User submitting documents to the Town Engineer under a claim
of confidentiality, must pay a fee of $250 for 50 confidential pages
and $1 for each page thereafter, to cover the additional costs of
processing and protecting the confidential information.
d.
The public may inspect nonconfidential data at the offices of the
Town Engineer during normal business hours. Interested persons should
contract the Town Engineer, in writing, to arrange for such inspection.
Upon request, the Town will provide copies of documents at rates established
by the Town.
[Ord. No. O-18-89 § 169-22]
a.
If an effluent standard or prohibition (including any schedule of
compliance specified in such effluent standard or prohibition) is
established under Section 307 (b) of the Act, its amendments or any
other subsequent law or regulation for a pollutant which is present
in the discharge, and such standard or prohibition is more stringent
than any limitation for such pollutant in the permit, including Permit-by-Rule,
the permit shall be modified in accordance with the effluent standards
or prohibitions and the User so notified. State standards or prohibitions
on discharges shall apply in any case where they are more stringent
than Federal standards or prohibitions, or those in the permit.
b.
The Town of Morristown reserves its right by amendment to this article
to impose standards or prohibitions more stringent than or in addition
to those then imposed by the permit or by Federal or State law.
[Ord. No. O-18-89 § 169-23]
Nothing in this article or any permit, including Permit-by-Rule
shall be construed to relieve the User from compliance with the rules
and regulations of any governmental authority having jurisdiction,
including but not limited to the Environmental Protection Agency and
the New Jersey Department of Environmental Protection.
[Ord. No. O-18-89 § 169-24]
a.
No person shall discharge, deposit, cause or allow to be deposited
or discharged into the POTW of the Town any waste which violates applicable
Federal Categorical Pretreatment Standards. As pretreatment standards
for toxic or other industrial pollutants and materials are promulgated
by the United States Environmental Protection Agency for a given industrial
category, all Users shall conform to the United States Environmental
Protection Agency timetable for complying with discharge limitations.
In addition, a User shall comply with any more stringent standards
which are established by the Town or other regulatory agency. Pretreatment
limitations established by the Town are contained in Appendix A. Changes
and additions shall be made, as necessary, from time to time by ordinance
of the Town.
b.
Federal Categorical Pretreatment Standards can be modified only through
Federal regulatory mechanisms available pursuant to 40 CFR 403.
[Ord. No. O-18-89 § 169-25]
No person shall discharge, deposit, cause or allow to be deposited
or discharged into the POTW or public sewer any waste which causes
or contains the following:
a.
In accordance with 40 CFR 403.5(a)(1), a User shall not discharge
any pollutant to the Town's Treatment Works which causes Pass
Through or Interference.
b.
In accordance with 40 CFR 403.5(b), the following pollutants shall
not be discharged into the Town's Treatment Works.
1.
Any wastewater containing any liquids, solids or gases 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 POTW or to the operation of
the POTW; such materials include, but are not limited to: gasoline,
kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones,
aldehydes, peroxides, cholorates, perchlorates, bromates, carbides,
hydrides and sulfides.
2.
Any waste having a pH lower than 6.0 or higher than 9.0 or having
any other corrosive property capable of causing damage or hazard to
structures, equipment and personnel of the POTW.
3.
Any 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 POTW. Prohibited materials include, but are not limited to:
grease, improperly shredded garbage, animal guts or issues, human
organs or tissue fluids, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clippings,
rags, spent grains, spent hops, waste paper, wood, plastic, tar, asphalt
residues, residues from refining or processing of fuel or lubricating
oil, and similar substances.
4.
Any pollutant, including oxygen demanding pollutants, released in
the discharge at a flow rate and/or pollutant concentration which
will cause Interference at the Treatment Works.
5.
Temperature changes in amounts which will inhibit biological activity
at the Treatment Works, resulting in Interference.
c.
Stormwaters, surface water, groundwater, roof runoff, subsurface
drainage, foundation or basement sump drainage, pond water, or unpolluted
industrial process water.
d.
Any liquid or vapor having a temperature higher than 150° F.
(65° C.) or in excess of that permitted by pretreatment standards
or as designated in the individual User permit.
e.
Any liquid containing fats, wax, grease or oils, whether emulsified
or not, in excess of 150 milligrams per liter of solvent soluble materials
or containing substances which may solidify or become viscous at temperatures
between 32° F. and 150° F. (0° C. and 65° C.).
f.
Any residues from petroleum storage, refining or processing; or waste
fuels, lubricants, solvents or paints.
g.
Any ground or unground garbage either from garbage disposal units
or any other source.
h.
Any radioactive waste or isotope of such half-life or concentration
as to be in excess of that permitted by appropriate regulatory agencies
having control over their use or in such quantity as to cause damage
or hazard to structures, equipment and personnel of the Town.
i.
Any waste containing noxious or malodorous solids, liquids or gases,
which either singly or by interaction with other wastes are capable
of creating a public nuisance or hazard to life or are or may be sufficient
to prevent entry into a sewer for its maintenance and repair.
j.
Any wastewater containing toxic pollutants or other substances in
sufficient quantity to cause injury, damage or hazard to personnel,
structures or equipment or interfere with the sewerage system or any
portion of the liquid or solid treatment or handling processes or
that will pass through the treatment facilities in such condition
that it will not achieve State, Federal or other existing requirements
for the effluent or for the receiving waters.
k.
Sulphides in any measurable concentration, orthocreosols, or compounds
with a chlorine demand in excess of 20 parts per million, or which
exceed standards promulgated by the EPA pursuant to Section 307(a)
of the Act, or the limits specified in Appendix A.
l.
Any material not a result of processes contemplated by the Class
1 Permit application or, in the case of a Class 2 or Class 3 User
contemplated by the Wastewater Discharge Data Disclosure which exerts
or causes:
1.
An unusual concentration of inert 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.
Discoloration (such as, but not limited to, dye solutions and vegetable
tanning solutions) which cannot be removed by the POTW.
3.
Any volume of flow or concentration of wastes constituting a slug
of such volume or strength so as to cause a treatment process Interference,
Pass Through and/or subsequent loss of treatment efficiency.
m.
Any wastes containing pollutants of such character or quantity that
will:
1.
Not be susceptible to treatment or will cause Interference with the
process or efficiency of the treatment system or will exhibit inhibitory
toxicity in the treatment system.
2.
Violate Federal or State pretreatment standards as the same may be
promulgated from time to time.
3.
Pass Through and cause the Town facilities to violate their NPDES
or NJPDES permit, applicable receiving water standards, permit regulating
sludge which is produced during the treatment or any other permit
issued to the Town.
n.
Suspended solids shall not exceed a monthly average of 250 milligrams
per liter, unless specifically approved by the Town.
o.
Five-day biochemical oxygen demand (BOD) shall not exceed a monthly
average of 250 milligrams per liter, unless specifically approved
by the Town.
p.
Any water added for the purpose of diluting wastes which would otherwise
exceed applicable maximum concentration limits.
q.
Any chemicals or chemical compounds listed in Appendix B, Table II,
rejected product or by-products added to the pretreatment of domestic
waste streams connected to the public sewer.
|
Discharged wastes which exceed the limitations imposed by the above list may subject the discharger to penalties in accordance with § 20-54.
|
[Ord. No. O-18-89 § 169-26]
Permit limits may be adjusted to reflect the presence of pollutants
in the User's intake water in accordance with this section.
a.
Application. Any User wishing to obtain credit for intake pollutants
must make application to the Town Engineer. Upon request of the User,
the applicable standard will be calculated on a "net" basis (i.e.,
adjusted to reflect credit for pollutants in the intake water) if
the requirements of the following paragraphs are met.
b.
Criteria.
1.
The User must demonstrate that the control system it proposes or
uses to meet applicable permit limits would, if properly installed
and operated, meet the limits in the absence of pollutants in the
intake waters.
2.
Credit for generic pollutants, such as biochemical oxygen demand
(BOD), total suspended solids (TSS), and oil and grease will not be
granted unless the User demonstrates that the constituents of the
generic measure in the User's effluent are substantially similar
to the constituents of the generic measure in the intake water or
unless appropriate additional limits are placed on process water pollutants
either at the outfall or elsewhere.
3.
Credit shall be granted up to a maximum value equal to the water
source value. Additional monitoring may be required by the Town Engineer
to determine eligibility for credits and compliance with limits adjusted
under this section.
4.
The User must demonstrate that the intake water is drawn from or
has similar characteristics of the same body as that into which the
POTW discharges, in order to obtain credit. The Town Engineer may
waive this requirement if it can be demonstrated that no environmental
degradation will result.
[Ord. No. O-18-89 § 169-27]
a.
Compliance determinations with respect to any Permit conditions or limitations shall be made in accordance with § 20-36.
b.
The Town may inspect the monitoring facilities of any User to determine
compliance with the requirements of this article.
c.
Whenever it shall be necessary for the purpose of these regulations,
Authorized Representatives of the Town, New Jersey Department of Environmental
Protection (DEP), United States Environmental Protection Agency (EPA)
or other governmental authorities having jurisdiction may, upon presentation
of credentials, enter upon the premises of any User as follows:
1.
For the purposes of inspecting, copying or photographing, during
business hours, any records required to be kept in accordance with
this article on notice to authorized personnel of the User, at mutually
agreed upon time, but without the necessity of a warrant.
2.
For the purposes of inspecting any monitoring equipment or method,
inspecting the process wastewater pretreatment facility and/or measuring,
sampling and/or testing any discharge of wastewater, either from process
wastewater pretreatment facilities or the point of discharge to the
sewerage system at any mutually agreed upon time without a warrant;
provided, however, that the User's security personnel shall be
entitled to accompany the entering representatives. In the event of
an emergency, such representatives shall be granted access at any
hour. The User shall instruct security personnel to grant immediate
access to such representatives upon the presentation of valid credentials.
[Ord. No. O-18-89 § 169-28]
a.
As part of the reports for continued compliance, the User must submit
the results of sampling and analysis where required by the permit.
Upon written request from the User, this sampling and analysis may
be performed by the Town Engineer in lieu of the User. Charges will
be based on where the Town performs the required sampling and analysis
in lieu of the User, the User will not be required to submit the compliance
certification.
b.
If sampling performed by the User indicates a violation, the User
shall notify the Town Engineer within 24 hours of becoming aware of
the violation. The User shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the Town Engineer
within 30 days after becoming aware of the violation. The User, however,
is not required to resample if: (1) The Town Engineer performs sampling
at the User's facility at a frequency of at least once per month,
or (2) The Town Engineer performs sampling at the User's facility
between the time when the User performs its initial sampling and the
time when the User receives the results of this sampling.
[Ord. No. O-18-89 § 169-29; Ord. No. O-22-90 § 2]
a.
Key manhole monitoring program. The Town shall periodically monitor
for the pollutant characteristics in Appendix B, Tables I and II at
key manholes throughout the sanitary sewer system. In the event that
pollutants are identified, then the Town Engineer shall promptly analyze
the Wastewater Discharge Data Disclosure and other data on file relevant
to the Users discharging into the key manhole in question, to isolate
and identify potential violators. Those Users shall then provide samples
of their discharge for monitoring and analysis by the Town and at
the expense of the User, as directed by the Town Engineer. In the
event that a User or Users are identified as discharging the pollutant
or pollutants in excess of those specified in Appendix A or Appendix
E-1 or E-2, then they shall be liable for all costs incurred for the
monitoring and sampling of all the Users tested to identify the source
of the violation, as well as other enforcement actions authorized
by this article.
b.
Random monitoring of Class 1 users. As a condition of all Class 1
Permits, Class 1 Users shall provide the Town with a 24 hour composite
split sample of its discharge taken during days of production or operation
at a frequency to be negotiated as a condition of the permit. The
Town will pick up and randomly monitor these samples. In the event
that the Town does not pick up the sample by the agreed upon time,
the User may dispose of that day's sample.
[Ord. No. O-18-89 § 169-30]
a.
If for any reason any User does not comply with or will be unable
to comply with any effluent limitation or prohibition in the permit,
including Permit-by-Rule, the User shall immediately telephone and
notify the Town Engineer of such noncompliance or accidental discharge
including any slug loading. The notification shall include the location
of the discharge, type of waste, concentration and volume.
b.
The User shall take immediate action to contain and minimize the
noncomplying or accidental discharge so as to prevent interference
with the treatment process, damage to the treatment system and Pass
Through to the receiving stream or contamination of sludge.
c.
Within five days following a noncomplying or accidental discharge,
the User shall submit to the Town a detailed written report describing
the date, time and cause of the discharge, the quantity and characteristics
of the discharge, corrective action taken at the time of the discharge
and the measures to be taken by the User to prevent similar future
occurrences. Such notification shall not relieve the User of any expense,
loss, damage or other liability which may be incurred as a result
of damage to treatment system, fish kills or any other damage to person
or property; nor shall such notification relieve the User of any fines,
civil penalties or other liability which may be imposed by the Permit
or other applicable law.
d.
To help insure timely notification of the POTW in the case of an
accidental discharge, each Industrial User will post in prominent
view in all process areas a notice of the following form:
In case of any accidental discharge or spills to the sewer,
immediately notify:
Morristown POTW/292-6651
This contact is to be available on a 24 hour basis.
e.
If such a noncompliance or accidental discharge results from the
violation of any of the wastewater discharge limitations specified
in the permit, the sampling frequency for the violated parameter may
be accelerated by the User if, and as directed by the Town Engineer
until the Town authorizes, in writing, the resumption of the schedule
specified in the Permit or Appendix A. The User shall be required
to perform sampling at a time and frequency specified by the Town
to ensure that corrective action has been taken by the User and compliance
is achieved.
f.
The User shall provide protection to prevent a recurrence of the
noncomplying or accidental discharge of prohibited materials. Facilities
or equipment to prevent accidental discharge of prohibited materials
shall be provided and maintained at the User's cost and expense.
g.
An Upset shall constitute an affirmative defense to an action brought
for noncompliance with this article and/or the Permit if requirements
hereinbelow set forth are met. A User who wishes to establish the
affirmative defense of Upset shall demonstrate through properly signed,
contemporaneous operating logs, or other relevant evidence that:
1.
An Upset occurred and the User can identify the specific cause(s)
of Upset;
2.
The facility was at the time being operated in a prudent and workmanlike
manner and in compliance with applicable operation and maintenance
procedures;
3.
The User has submitted the following information to the Town within
24 hours of becoming aware of the Upset (if this information is provided
orally, a written submission must be provided within five days);
(a)
A description of the discharge and cause of noncompliance;
(b)
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue;
(c)
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance. In any enforcement proceeding the
User seeking to establish the occurrence of an Upset shall have the
burden of proof.
4.
The User shall control production of all discharges to the extent
necessary to maintain compliance with this article and/or the permit,
upon reduction, loss, or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things,
the primary source of power of the treatment facility is reduced,
lost or fails.
[Ord. No. O-18-89 § 169-31]
a.
The Town may suspend or terminate any Permit, including Permit-by-Rule, in accordance with procedures set forth in § 20-53:
1.
When suspension or termination is necessary, in the opinion of the
Town, in order to stop an actual or threatened discharge which presents
an imminent danger to the health or welfare of persons or to the environment,
or User is in violation of its permit or this article and causes interference
or pass through to the treatment process or operation or causes the
Town to violate any condition of its NJPDES permit.
2.
In the event of a violation of this permit, which shall include,
but not be limited to:
(a)
Failure to factually report the wastewater constituents and
characteristics of the discharge.
(b)
Refusal of access for inspection or monitoring.
(c)
Failure to report changes in ownership or operations.
(d)
Consistent failure to comply with the permit discharge limitations,
or in the case of a Permit-by-Rule, Appendix A.
(f)
Non-compliance of any permit condition as indicated by self-monitoring
reports, site inspection and/or verification sampling.
b.
When suspension or termination of wastewater treatment service is
required based on reasons listed in Paragraphs a1, a2(b), or a2(d)
above and upon written notification of the suspension or termination,
the User shall immediately stop or eliminate the discharge. In the
event of a failure to comply voluntarily with the suspension or termination
order, the Town shall take such steps as deemed necessary, including
immediate severance of the sewer connection, to comply with Town's
NJPDES Permit to prevent or minimize damage to the publicly owned
treatment works system or endangerment to any individuals or the environment.
The Hearing Committee will hold a hearing within 48 hours of the Town's
receipt of the User's written appeal of the suspension or termination
of the permit. At this hearing, the suspended or terminated User may
appear personally or through counsel, cross-examine witnesses and
present evidence on his own behalf.
The Hearing Committee shall render a written determination within
48 hours of the completion of the hearing.
c.
When suspension or termination of Wastewater treatment service is
deemed appropriate for reasons listed in Paragraph a2(a), a2(c), a2(e),
a2(f) or a2(g) above the Town will issue the User a notice of violation
which sets forth the basis for the notice and the Town's intent
to suspend or terminate the permit. The User will be afforded an opportunity
to respond to this notice within five days. If the User's response
is satisfactory to the Town, the notice of violation will be cancelled
and confirmed in writing. If the response is not adequate, the notice
of violation will be sustained and confirmed in writing. The sustained
notice of violation will contain the date upon which the permit and
treatment service will be suspended or terminated. The User, at his
option, may request a hearing before the Town. In such event, enforcement
will be stayed pending a hearing. The Hearing Committee will hold
a hearing and render a written decision on the matter within 30 days
of receipt of the request and shall either confirm or revoke the suspension
or termination order. At this hearing, the suspended User may appear
personally or through counsel, cross-examine witnesses and present
evidence on his own behalf. In the event of a failure to comply voluntarily
with the suspension or termination order, the Town shall take such
steps as deemed necessary, including immediate severance of the sewer
connection, to enforce compliances with the suspension or termination
order. Appeal of the Hearing Committee decision may be made to the
Superior Court in accordance with law.
d.
When a User's Permit has been suspended, the permit may be reinstated
following the termination of the suspension period (as specified in
the suspension order), upon proof of compliance with all conditions
of the permit and these regulations and upon payment to the Town of
all costs incurred by the Town in connection with the suspension order.
e.
When a User's Permit has been terminated, in the discretion
of the Town Engineer, the User must apply for and receive a new permit
before the discharge of wastewater can be recommenced. The Town will
consider the User's performance under the terminated permit in
reviewing and processing a new permit. In addition, the User must
pay to the Town all costs incurred by the Town in connection with
the termination order and the processing of a new permit. No permit
shall be reissued until the User deposits with the Town an escrow
amount to cover the costs of termination, laboratory, administration
and professional fees as estimated by the Town Engineer.
[Ord. No. O-18-89 § 169-32]
a.
A User may allow any bypass to occur which does not cause permit
limits to be violated, but only if it also is for essential maintenance
to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b and c below.
b.
1.
If a User knows in advance of the need for a bypass, it shall submit
prior notice to the Town Engineer, if possible, at least 10 days before
the date of the bypass.
2.
A User shall submit oral notice of an unanticipated bypass that exceeds
applicable local limits to the Town Engineer within 24 hours from
the time the User becomes aware of the bypass. A written submission
shall also be provided within five days of the time the User becomes
aware of the bypass. The written submission shall contain a description
of the bypass and its cause; the duration of the bypass; including
exact dates and times and, if the bypass has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the bypass. The
Town Engineer may waive the written report on a case-by-case basis
if the oral report has been received within 24 hours.
c.
1.
Except as set forth in this section, bypass is prohibited, and the
Town Engineer may take enforcement action against a User for an unauthorized
bypass, unless:
(a)
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
(b)
There was no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated waste,
or maintenance during normal periods of equipment downtime; and
(c)
The User submitted notices as required under Paragraph b above.
2.
The Town Engineer may approve an anticipated bypass, after considering
its adverse effects, if the Town Engineer determines that it will
meet the three conditions listed in Paragraph c above. The Town Engineer
shall grant or deny the User's request within 30 days of receipt
of written application.
[Ord. No. O-18-89 § 169-33]
a.
Disconnection permitted. In addition to the right of disconnection
of service upon non-payment of charges, the Town shall have the right
to disconnect any line where substances prohibited in this article
are being discharged into the POTW's system which bear a reasonable
potential of harm to the system and/or treatment plant.
b.
Procedure and notice. The Town will give a reasonable prior notice
under the circumstances, preferably written, of the prohibited discharge
or other basis for disconnection of service so as to provide an opportunity
to the discharging party to discontinue the discharge or other violation
and avoid the necessity for disconnection. Formal written notice will
be served upon the User personally or by Certified Mail return receipt
requested within one business day of the Town's knowledge of
a problem.
c.
Method of disconnection. Disconnection shall be accomplished by inserting
a suitable plug at an appropriate location. In event of termination,
disconnection may be accomplished by excavating to the lateral at
a point between the sewer and property line or easement line and capping
both ends.
d.
Restoration of service. Service shall be restored upon correction
of the discharge and payment to the Town for costs incurred, including
but not limited to the cost of repairing damage caused by the discharge,
the cost of disconnection and restoration of service, and such penalty
fees as may be levied by the Town.
[Ord. No. O-18-89 § 169-34]
Any User failing to comply with this article may be subject to injunctive relief after suit has been filed in the Superior Court. Upon conviction of any violation in the Municipal Court, the User will be liable to the penalty stated in Chapter 1, § 1-5. Every day that a violation continues shall be considered as a separate offense. Where there is a violation of the permit limitations and/or Appendix A, each parameter exceeded shall be deemed a separate violation.
In addition, violations of the terms and conditions of any permit,
including a Permit-by-Rule, or any provision of this ordinance may
subject the User to the following:
a.
The suspension or termination of the Permit as provided herein, including
disconnection of service.
b.
The payment of the cost and expenses as provided in this section.
c.
The institution of a civil action for appropriate relief, which may
include, singly or in combination:
1.
A temporary or permanent injunction.
2.
The assessment of costs and expenses as provided in this section.
3.
The collection of a penalty in a summary proceeding under N.J.S.A.
2A:58.1 et seq.
4.
The remedies provided by the New Jersey Water Pollution Control Act
(N.J.S.A. 58:10A-1 et seq.), the New Jersey Pretreatment Standards
for Sewerage, Etc., (N.J.S.A. 58:11-49 et seq.) or the Clean Water
Act (33 U.S.C.A. § 1251 et seq.).
d.
Any reports required by the Class 1 or Class 2 Permit or this article
which are submitted later than five days after its due date shall
be accompanied by a payment of $50 for each day overdue commencing
on the sixth day after the report is due; provided, however, that
the total payment shall not exceed $500 unless failure to submit the
report continues after written notice of such failure has been given
by the Town by regular mail to the User. If such report is overdue
for longer than 14 days after such written notice, the charge shall
be $100 per day for each day overdue beyond said 14 days. Upon good
cause shown for a delay in the submission of required reports, the
Town may, in its discretion, modify or eliminate the charge which
would otherwise be due.
e.
The Town of Morristown shall annually provide public notification,
in the largest daily newspaper published in Morristown, of Users which,
during the previous 12 months, were significantly violating this article
and/or their permit including Permit-by-Rule. The Town will notify
the User and provide a copy of the public notification 10 days prior
to publication. For purposes of this provision, a significant violation
is:
1.
A violation which remains uncorrected 45 days after notification
of non-compliance;
2.
A violation which is part of a pattern of non-compliance over a 12
month period;
3.
A violation which involves a failure to accurately report non-compliance;
4.
A violation which results in the disconnection of service.
f.
Each User violating the criteria of its permit, and/or Appendix A
shall be responsible for the reimbursement of costs and expenses incurred
by the Town:
1.
Any State and/or Federal penalties levied against the Town for violation
of its NJPDES Permit requirements where the User's violation
has caused or contributed to the Town's non-compliance with its
discharge limits.
2.
Any additional costs, in excess of the permit fee, to treat the waste,
including additional sampling and analyses, labor and/or equipment
costs, and increase of sludge and other residual wastes removal and/or
disposal costs. This amount will be determined by the Town Engineer.
3.
The costs of any investigative inspection or monitoring survey which
leads to the verification of a violation of this article or the Industrial
Sewer Permit including Permit-by-Rule, and the costs of preparing
and litigating any action successfully concluded against the User
for such violation.
4.
Any other direct or compensatory damages to the Town resulting from
the User's discharge.
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The Town Engineer shall provide the User with an itemized estimate
and/or itemized bills for services and materials.
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[Ord. No. O-18-89 § 169-35]
The User shall indemnify and save harmless the Town for any
expense, loss or damage occasioned the Town by reason of the User's
discharge of Wastewater or any prohibited substance, including, but
not limited to the following:
a.
Any cost incurred by the Town in removing, correcting, preventing
or terminating any adverse effects upon the treatment process or operations.
b.
Any increase in the cost of sludge processing or disposal.
c.
Any fines or penalties assessed against the Town for such violations
of its Permits which result from the User's discharge.
d.
The reasonable costs of an investigative inspection or monitoring
survey which leads to the establishment of a violation of any permit,
including Permit-by-Rule, and the reasonable costs of preparing and
litigating any action successfully concluded against the User for
such violation. The Town Engineer shall provide the User with an itemized
statement of services and materials.
e.
Any other actual or compensatory damages to the Town resulting from
the discharge.
No indemnification shall be required where the User is discharging
in accordance with its permit or, in the case of a Permit-by-Rule,
in accordance with Appendix A.
[Ord. No. O-18-89 § 169-36]
Any unpaid charges, prices, expenses or penalties indicated
by this article shall be and remain a lien upon the premises of any
User served by the POTW; if unpaid within two weeks of receipt of
written notice thereof, the same as all other taxes and municipal
charges upon real estate under the laws of the State. The Town shall
have the same remedy for collection of these costs as it now or hereafter
has under the laws of the State for the collection of taxes and other
municipal liens upon real estate.
[Ord. No. O-18-89 § 169-37]
a.
All Users will be charged for sewerage service based on the quantity
of waste discharged to the sewer, in accordance with Appendix C. In
addition, those Users which are issued Permits will be charged in
accordance with Appendix C, which will include the cost to the Town
to administer the permit and verify sampling of the discharge.
c.
Users shall reimburse the Town for all inspection costs, engineering
fees, laboratory analyses, or other expenses incurred by it, which
are properly allocable to the permittee's operation, within 10
days after the submission of a statement to the User.
[Ord. No. O-18-89 § 169-38]
a.
All permittees shall submit monies in the form of an escrow fund
to defray the costs to the Town for necessary professional services
including, but not limited to, fees for attorneys, engineers, laboratories
and other professionals or consultants whose services are reasonably
necessary in order to properly process the permit by the Town.
1.
Each Permittee shall pay an escrow deposit at the time of permit
development which shall be deposited in a common escrow fund maintained
for all such deposits. The Town shall maintain a separate account
statement for each permittee. The amount of the deposit shall set
forth in Appendix C.
2.
All bills incurred by the Town for professional services, including,
but not limited to, site inspections, review of permit related materials,
preparation of reports, attendance at meetings, sampling and analyses,
performed in connection with the processing of a permit shall be charged
against a permittee's escrow account established pursuant to
this section. The Town shall require all professionals to submit itemized
bills specifically identifying all services performed for each permit.
Copies of such bill shall be provided to the User. All charges for
professional services shall not exceed the usual and customary fees
charged by such professionals for like services.
3.
In the event that a permittee's escrow fund shall be depleted
prior to the completion of the issuance of the permit, the Town shall
immediately notify the permittee, in writing, that there is or will
imminently be a deficiency in the permittee's escrow account.
The Town shall also make a good faith estimate as to the cost the
Town is likely to incur in additional professional services to complete
the processing of the permit. The permittee shall forthwith deposit
the amount of the additional escrow estimated by the Town.
4.
Any deposit remaining in the permittee's escrow account upon
issuance of the permit shall be returned forthwith to the permittee.
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In addition to the permit charges, should the User's self-monitoring
and/or the Town's verification programs indicate non-compliance
with this article or the permit, the User shall be notified of the
non-compliance and required to make an additional payment to its escrow
fund. This addition is to cover the cost of additional verification
sampling or permit modification. This additional amount shall be based
on the nature of noncompliance, historical compliance of the User
and the current costs of sampling. Minimum amount of this payment,
however, shall not be less than $6,000.
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[Ord. No. O-18-89 § 169-39]
The Town Council may waive a part of the permit charges and/or
reduce the frequency of monitoring established by this article for
small businesses which meet the size criteria established by the U.S.
Small Business Administration, but in no case shall the annual fee
be less than $3,000. A business claiming this waiver must prove that
it meets the appropriate size criteria. On an annual basis the Town
Engineer shall recommend such waivers based on the businesses'
historic compliance with the criteria of this article, and the potential
for the User's discharge to cause operational problems. The waiver
shall be granted upon approval of the Town Council.
[Ord. No. O-18-89 § 169-40]
a.
No commercial or industrial site development plan, building permit
or certificate of occupancy will be approved unless the applicant
has complied with all the terms of this article. In particular, the
applicant shall be required to install appropriate monitoring and
treatment facilities. The design and installation of these facilities
must be approved by the Town Engineer.
b.
The provision shall be enforced by the respective local government
unit responsible for said approvals. The term "Town Engineer" used
herein clearly means the Town Engineer of the Town of Morristown.
[Ord. No. O-18-89 § 169-41]
The Town Engineer, having been granted a wide latitude of discretion
in the administration and enforcement of this article, shall make
determinations, taking into consideration both the needs of the POTW
and what can reasonably be required of the User.
