[Adopted 9-7-76 as Ord. No. 9-76]
The disposal into the sewer system of any pollutant by any person
is unlawful except in compliance with federal standards promulgated
pursuant to the Federal Water Pollution Control Act Amendments of
1972 (FWPCAA) and any more stringent state and local standards.
A.
No connections shall be permitted into the collector system without
prior notification to the Passaic Valley Sewerage Commission (PVSC)
and a written determination by the Chief Engineer of the PVSC as to
whether the proposed connection would result in a significant industrial
discharge or a significant change in the quality or quantity of existing
industrial discharges that could result in significant new or increased
discharge of pollutants.
B.
Authorization to industries for the discharge of wastes shall not
be given until information is provided describing wastewater constituents,
characteristics and type of industrial activity involved.
No permission shall be given for any connections into the collector
system without first notifying the Passaic Valley Sewerage Commission
and obtaining a written determination from the Chief Engineer as to
whether the new connection would cause a violation of the effluent
limitations provided in the permit.
A.
Discharge reports. The City of Orange may require that any person
discharging or proposing to discharge wastewater into a city sewer
shall file a periodic discharge report. The discharge report may include,
but not be limited to, nature of the process, volume, rates of flow,
mass emission rate, production quantities, hours of operation, number
and classification of employees, or other information which relates
to the generation of waste, including wastewater constituents and
characteristics in the wastewater discharge. Such reports may also
include the chemical constituents and quantity of liquid or gaseous
materials stored on site, even though they may not normally be discharged.
In addition to discharge reports, the City of Orange may require information
in the form of wastewater discharge permit applications and self-monitoring
reports.
B.
Wastewater discharge permits.
(1)
Mandatory permits. All critical users proposing to connect or to
discharge into a city sewer must obtain a wastewater discharge permit
within ninety (90) days after the effective date of this Article.
For purposes of this Article, a "critical user" is defined as any
user classification as identified in the Standard Industrial Classifications
(SIC) Manual in any of Divisions A, B, D, E and I and who:
(a)
Has a flow of fifty thousand (50,000) gallons or more per average
workday;
(b)
Has a flow greater than five percent (5%) of the flow in the
city's wastewater treatment system;
(c)
Has in his wastes toxic pollutants in toxic amounts as defined
in standards issued under Section 307(a) of the Federal Act; or
(d)
Is found by the Director of Public Works to have significant
impact, either singly or in combination with other contributing industries,
on the treatment or collection system.
(2)
Optional permits. The Director of Public Works may issue a wastewater
discharge permit to any user, upon application, in accordance with
the terms of this section in the following categories:
(3)
Permit application. Users seeking a wastewater discharge permit shall
complete and file with the Director of Public Works an application
in the form prescribed by the Director of Public Works and accompanied
by the applicable fees. The applicant may be required to submit, in
units and terms appropriate for evaluation, the following information:
(a)
Name, address and Standard Industrial Classifications number
of the applicant.
(b)
Volume of wastewater to be discharged.
(c)
Wastewater constituents and characteristics, including but not
limited to those mentioned in Section 2.08 as determined by a laboratory
approved by the City of Orange.
(d)
Time and duration of discharge.
(e)
Average and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers and appurtenances by size, location and elevation.
(g)
Description of activities, facilities and plant process on the
premises, including all materials, processes and types of materials
which are or could be discharged.
(h)
Each product produced by type, amount and rate of production.
(i)
Number and type of employees, and hours of work.
(j)
Any other information as may be deemed by the Director of Public
Works to be necessary to evaluate the permit application.
(4)
Evaluation and issuance. The Director of Public Works will evaluate
the data furnished by the user and may require additional information.
After evaluation and acceptance of the data furnished, the Director
of Public Works may issue a wastewater discharge permit subject to
terms and conditions provided herein.
(5)
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this Article and all other regulations,
user charges and fees established by the city. The conditions of wastewater
discharge permits shall be uniformly enforced by the Director of Public
Works in accordance with this Article and applicable state and federal
regulations. Permits may contain the following:
(a)
The unit charge or schedule of user charges and fees for the
wastewater to be discharged to a city sewer.
(b)
The average and maximum wastewater constituents and characteristics.
(c)
Limits on rate and time of discharge or requirements for flow
regulations and equalization.
(d)
Requirements for installation of inspection and sampling facilities.
(e)
Pretreatment requirements.
(f)
Specifications for monitoring programs, which may include sampling
locations; frequency and method of sampling, number, types and standards
for tests and reporting schedule.
(g)
Requirements for submission of technical reports or discharge
reports.
(h)
Requirements for maintaining plant records relating to wastewater
discharge as specified by the city and affording the city access thereto.
(i)
Mean and maximum mass emission rates or other appropriate limits
when incompatible pollutants [as defined by Section 1.02(i)] are proposed
or present in the user's wastewater discharge.
(j)
Other conditions as deemed appropriate by the city to ensure
compliance with this Article.
(6)
Duration of permits. Permits should be issued for a specified time
period, not to exceed five (5) years. A permit may be issued for a
period less than a year or may be slated to expire on a specific date.
If the user is not notified by the city thirty (30) days prior to
the expiration of the permit, the permit shall be extended one (1)
additional year. The terms and conditions of the permit may be subject
to modification and change by the city during the life of the permit
as limitations or requirements as identified in Section 2.08 are modified
and changed. The user shall be informed of any proposed changes in
his permit at least thirty (30) days prior to the effective date of
the change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance.
(7)
Transfer of a permit. Wastewater discharge permits are issued to
a specific user for a specific operation. A wastewater discharge permit
shall not be reassigned or transferred or sold to a new owner, new
user, different premises or a new or changed operation.
(8)
Revocation of permit. Any user who violates the following conditions
of the permit or of this Article, or applicable state and federal
regulations, is subject to having his permit revoked:
(a)
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge.
(b)
Failure of the user to report significant changes in operations
or wastewater constituents and characteristics.
(c)
Refusal of reasonable access to the user's premises for
the purpose of inspection or monitoring.
(d)
Violation of conditions of the permit.
No permission shall be given to discharge prohibited wastes
as defined in 40 CFR 128.131 of the Federal Register. If it is determined
that any additional types of waste are harmful to the City of Orange's
sanitary sewer system, their discharge, too, shall be prohibited.
The City of Orange shall have the authority to ensure the compliance
of the major contributing industries (as defined in 40 CFR 128.124
of the Federal Register) with federal pretreatment standards and any
other applicable requirements promulgated by the Environmental Protection
Agency in accordance with Section 307 of the Federal Water Pollution
Control Act Amendments of 1972 (FWPCAA).
A.
The City of Orange shall allow the head of the State Water Pollution
Control Agency, the Regional Administrator and/or their authorized
representatives, upon the presentation of credentials, to:
(1)
Enter upon the premises where an effluent source is located or in
which any records are required to be kept under the terms and conditions
of the National Pollutant Discharge Elimination System (NPDES) permit.
(2)
Have access to and copy at reasonable times any records required
to be kept under the terms and conditions of the NPDES permit.
(3)
Inspect at reasonable times any monitoring equipment or monitoring
method required in the NPDES permit.
(4)
Sample at reasonable times any discharge of pollutants.
(5)
Inspect the operation of any treatment facilities.
B.
All discharges to the collection system shall have available control
manholes or similar sampling ports for purposes of inspection, observation,
measurement, sampling and testing of the wastewater discharge.
A.
In accordance with the requirements of the National Pollutant Discharge
Elimination System permit, the City of Orange shall require from each
major contributing industry, and other industries as deemed necessary,
a periodic report on the constituents and characteristics of their
wastewaters. These reports shall be submitted every ninety (90) days.
B.
Those industries which are determined to be major contributors of
wastewater shall maintain records, use and maintain monitoring equipment
and obtain samples of their wastewater products. The analytical methods
described in 40 CFR 136.3 (Federal Register) shall be used as guidelines
in sampling.
A.
Violation of any of the terms or conditions of the National Pollutant
Discharge Elimination System (permit) may subject the City of Orange
and its officials to the civil and criminal penalties provided for
in Section 1319 of the Federal Water Pollution Control Act Amendments.
These penalties include imprisonment for up to one (1) year and fines
up to fifty thousand dollars ($50,000.) per day of violation.
B.
Violation of this Article may result in termination of disposal authorization.
C.
Civil penalties. Any person who violates any provision of this Article
or any permit condition or who discharges wastewater which causes
pollution or who violates any cease and desist order, prohibition,
effluent limitation, national standard of performance, pretreatment
or toxicity standard shall be liable civilly to a penalty not to exceed
ten thousand dollars ($10,000.) for each day in which such violation
occurs. The Attorney of the City of Orange, upon order of the city's
governing body, shall petition the Superior Court to impose, assess
and recover such sums.
D.
Criminal penalties.
(1)
Any person who intentionally or negligently violates any provision
of this Article or any permit condition or who discharges wastewater
which causes pollution or who violates any cease and desist order,
prohibition, effluent limitation, national standard of performance,
pretreatment or toxicity standard shall be liable to a sum not to
exceed twenty-five thousand dollars ($25,000.) for each day in which
such violation occurs or to imprisonment for not more than one (1)
year in the county jail, or both.
(2)
If the conviction is for a violation committed after the first conviction
of such person, punishment shall be by a fine of not more than fifty
thousand dollars ($50,000.) for each day in which such violation occurs
or by imprisonment for not more than two (2) years in the county jail,
or both. The Attorney of the City of Orange, upon order of the city's
governing body, shall petition the Superior Court to impose, assess
and recover such sums.
Moneys shall be set aside, as needed, for the operation of the
municipal sewer collection system, salaries for employees in the Municipal
Sewer Department, maintenance of the Passaic Valley Sewerage System
and maintenance of the Second River Joint Sewer Meeting.
[Added 12-4-79 by Ord. No. 50-79]
All persons subject to this Article shall be required to comply
with all regulations adopted by the Passaic Valley Sewerage Commissioners
in accordance with the requirements of the United States Environmental
Protection Agency. The effective date of said regulation shall be
established by resolution of the Passaic Valley Sewerage Commissioners,
which resolution shall be certified by the Passaic Valley Sewerage
Commissioners, and the written certification shall be filed in the
office of the City Clerk.
