[Adopted 2-20-79 as Ord. No. 4-79]
A. 
Word usage. When not inconsistent with the context, words used in the present tense include the future, and words used in the singular number include the plural. The word "shall" is always mandatory and not merely directory.
B. 
Terms defined. Unless otherwise expressly stated, the following words, phrases and abbreviations shall have the meanings respectively ascribed to them in this subsection:
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in a biochemical oxidation of organic matter. "BOD" is determined through standard laboratory procedure, as specified in the latest edition of Standard Methods for the Examination of Water and Wastewater, and is expressed in parts per million.
BUILDING SEWER
A sewer or drain extending from a person's property to a public lateral or interceptor sewer. Unless otherwise established by a binding, written arrangement involving the city and the property owner, maintenance of that portion of a "building sewer" extending from an establishment to the curbline shall be the responsibility of the property owner, while maintenance of that portion of a "building sewer" extending from the curbline to a municipally owned public lateral or interceptor sewer shall be performed by the city at the property owner's expense. In cases where a sewerage easement traverses private property, maintenance of the entire length of the "building sewer," with the exception of the connection, shall be the responsibility of the property owner, while maintenance of the "building sewer" connection shall be performed by the city at the property owner's expense. (See §§ 175-30, 175-32 and 175-33.)
CHEMICAL OXYGEN DEMAND (COD)
A measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxident. "COD" is determined by standard laboratory procedure, as specified in the latest edition of Standard Methods for the Examination of Water and Wastewater, and is expressed in parts per million.
CITY
The City of Orange, New Jersey.
COMBINED SEWER
A sewer that conveys sanitary and/or industrial wastes at all times and also transports storm runoff during wet weather as designed.
DEPARTMENT OF PUBLIC WORKS
Department of Orange Municipal Government.
DIRECTOR
The head of a department duly appointed by the city. The term "Director" includes any person authorized by the Director to operate as his or her representative.
DIVISION OF SEWERS
A division of the Department of Public Works. The title "Manager of the Division of Sewers" includes any authorized agent, deputy or representative.
DOMESTIC WASTE
See "sanitary waste."
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will separate by gravity from wastewater through treatment in an approved pretreatment facility. A wastewater shall be considered free of "floatable oil" if it is properly pretreated such that the discharged wastewater does not interfere with the wastewater facilities.
HEAVY METALS
The electronegative metals with a density greater than five (5) grams per cubic centimeter, including but not limited to lead, chromium, mercury, nickel and zinc, plus the nonmetallic element arsenic.
INDUSTRIAL COST RECOVERY
A charge to industrial users based on their use of municipal, Passaic Valley Sewerage Commission or the Joint Meeting of Essex and Union Counties wastewater facilities to repay the capital cost outlay of the federal share given to the city, the Joint Meeting of Essex and Union Counties and the Passaic Valley Sewerage Commission, under the provisions of the applicable federal law allocable to the treatment of the wastes from industrial users.
INDUSTRIAL USER
Any nongovernmental user of municipal, JMEUC or PVSC wastewater facilities identified in the Standard Industrial Classification Manual (1972), as amended and supplemented, under Divisions, A, B, D, E or I. A user may be exempt from the category of "industrial user" if it is determined that it introduces primarily segregated sanitary wastes.
INDUSTRIAL WASTE
The wastewater from an industrial process, trade or business, as distinct from domestic or sanitary waste; all wastes except stormwaters and sanitary wastes.
INFLOW
The water discharged into sewers from sources of surface-, ground- or unpolluted water, including but not limited to roof downspouts, foundation drains, cellar, yard and area drains, cooling water discharges, drains from springs and swamps, catch basins, storm-water, surface runoff, street wash water or groundwater drainage.
INTERCEPTOR SEWER
A sewer whose major purpose is the conveyance of wastewater from lateral sewers to a treatment facility. Where conditions warrant, the direct connection of building sewers (and in the case of combined systems, the direct connection of separate storm drains) to "interceptor sewers" may be permitted.
JMEUC
The Joint Meeting of Essex and Union Counties.
LATERAL SEWER
A sewer whose major purpose is the transportation of wastewater from building sewers (and in the case of combined systems, the transportation of inflow from separate storm drains) to an interceptor sewer.
MAJOR INDUSTRY
An industrial user of municipal, JMEUC or PVSC wastewater facilities that:
(1) 
Has a flow of fifty thousand (50,000) gallons or more per average workday;
(2) 
Has in its waste a toxic waste in toxic amounts; or
(3) 
Is found by the USEPA, NJDEP, JMEUC, PVSC or the city to have a significant impact, either singly or in combination with other contributing industries, on municipal, JMEUC or PVSC wastewater facilities, or upon the quality of effluent from these wastewater facilities.
MINERAL OIL OR GREASE
Oils or grease derived from petroleum, as distinct from oils and grease derived from animal or vegetable sources.
MINOR INDUSTRY
An industrial user of municipal, JMEUC or PVSC wastewater facilities that does not meet the definition of a "major industry."
MUNICIPAL
Pertaining to the City of Orange.
NATURAL OUTLET
An outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water, including the Passaic River or any of its tributaries.
[Amended 11-5-86 by Ord. No. 53-86]
NJDEP
The New Jersey Department of Environmental Protection.
NONSTATIONARY SOURCE
Any mobile vehicle, piece of equipment or appurtenance thereof that is utilized in the discharge of waste or wastewater to any sewer or natural outlet. The term includes, but is not limited to, tank trucks and dump trucks, as well as associated equipment and appurtenances. Fixed, permanent or semipermanent equipment is excluded from the category of "nonstationary source" and is regulated elsewhere in this Article.
NPDES
The National Pollutant Discharge Elimination System and successors thereto (i.e., the New Jersey Pollutant Discharge Elimination System).
PERSON
Any individual, firm, company, partnership, society, association, corporation (public or private) or group, including heirs, executors, administrators or assigns.
pH
The reciprocal of the logarithm of the hydrogen ion concentrations. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water has a "pH" value of seven (7) (a hydrogen ion concentration of 10-7). Lower "pH's" are acid, higher "pH's" are alkaline.
PRETREATMENT
Treatment given to industrial waste prior to its direct or indirect discharge to municipal, JMEUC or PVSC wastewater facilities; industries use "pretreatment" to remove illegal and/or undesirable waste constituents or to reduce the strength of waste prior to discharge to publicly owned wastewater facilities.
PRIVATE SEWER
A sewer for which a person other than a public agency is responsible, as distinct from a public sewer.
PROJECT
With respect to § 175-34, a "project" consists of all storm drainage and sanitary sewerage facilities associated with an individual, municipally approved building permit or Zoning Board approval.
PUBLIC SEWER (PUBLIC DRAIN)
A sewer for which a governmental agency, public utility or a municipality is responsible.
PVSC
Passaic Valley Sewerage Commissioners.
SANITARY WASTE (DOMESTIC WASTE)
Waste derived principally from dwellings, office buildings and sanitary conveniences. When segregated from industrial wastes, it may come from industrial plants or commercial enterprises.
SEPARATE SANITARY SEWER
A sewer that carries liquid and waterborne sanitary and industrial wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground-, storm- and surface waters that are not intentionally admitted.
SEPARATE STORM DRAIN (SEPARATE STORM SEWER)
A drain or sewer designed to convey storm runoff, groundwater or unpolluted water from any source to a combined sewer, natural outlet or body of water. A "separate storm drain" is not intended to convey inadequately treated sanitary or industrial waste at any time.
SEWAGE
The spent water of a community; the preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
SEWERAGE
See "wastewater facilities."
SLUG
Any discharge of water or wastewater during a period greater than fifteen (15) minutes that, in concentration of any constituent or in quantity of flow, is greater than five (5) times the average twenty-four-hour concentration or flow registered during normal operation.
STORM DRAIN (sometimes called "storm sewer")
A drain or sewer for conveying water or unpolluted water from any source.
[Added 11-5-86 by Ord. No. 53-86]
STRENGTH OF WASTE
A measurement of suspended solids and/or BOD and/or COD and/or any other parameter by the city, JMEUC or PVSC as a fair indicator of the relative use, other than volumetric, of municipal, JMEUC or PVSC wastewater facilities by industrial wastes.
SUSPENDED SOLIDS
Matter that is suspended in water, wastewater or other liquids and is removable by laboratory filtering as prescribed in the latest edition of Standard Methods for Examination of Water and Wastewater, and referred to as nonfilterable.
TOXIC WASTES IN TOXIC AMOUNTS
Defined by USEPA in 40 CFR 129 (38 F.R. 24342, 9-7-73) and any superseding revisions.
TREATMENT
The partial or complete removal of certain materials from wastewater; the adequacy of "treatment" is determined by the governmental authority having jurisdiction.
UNPOLLUTED WATER
Water of a 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 wastewater facilities provided.
USEPA
The United States Environmental Protection Agency.
USER CHARGE
A charge to users of public wastewater facilities consisting of two (2) parts: the first part is established by JMEUC or PVSC based on volume and, where applicable, on strength and/or flow rate to pay for the use of JMEUC or PVSC wastewater facilities; the second part is established by the city to pay for the use of the municipal wastewater facilities and to pay the administrative costs of billing and collection of the "user charge."
WASTEWATER
The spent water of a community. From the standpoint of source, "wastewater" may be a combination of the liquid and waterborne wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface or storm water that may be present.
WASTEWATER FACILITIES (SEWERAGE)
The structures, equipment and processes required to collect, convey and treat domestic and industrial wastes and dispose of the effluents.
Unless otherwise specified herein, the provisions of this Article shall be administrated by the Director of Public Works, who is hereby delegated the authority to develop, promulgate and issue rules and regulations for the effective implementation of §§ 17524 through 175-65 of this Article.
It shall be unlawful to discharge any wastewater or other polluting material into any natural outlet within the city, except where suitable treatment has been provided and where an NPDES permit has been obtained from the appropriate governmental authority, where required.
No person shall maliciously, intentionally or negligently break, damage, destroy, uncover, deface, remove or tamper with any structure, appurtenance or equipment that is part of the wastewater facilities or separate storm drainage system.
Unless otherwise arranged through a signed, written agreement between the Director of Public Works and the property owner, as specified in § 175-33, the portion of a building sewer extending beyond a curbline (i.e., downstream of the curbline) that discharges to a municipally controlled lateral or interceptor sewer shall be constructed or repaired by the Division of Sewers at the expense of the owner whose property is served by the building sewer.
When the owner of any property on the line of any street in which there now is or shall be constructed a public lateral or interceptor sewer, and the building sewer connection for such property shall not have been constructed and laid from the lateral or interceptor sewer to the curbline in front of such property, the owner of such property shall make application in writing to the Director of Public Works for the construction of a building sewer and connection from the public lateral or interceptor sewer to the curbline of the street, stating in his application the street number of the lot or building to be connected with the sewer and the place at the curbline to which such building sewer is to be constructed. Before such part of the building connection is constructed and laid by the city, the owner of the property shall pay to the city, in addition to the tapping fee referred to in § 175-36, the cost of the construction of such building sewer from the connection with the public lateral or interceptor sewer to the curbline of the street, together with the cost of taking up and relaying the pavement of the street, if the street is a paved one, to be estimated and fixed by the Director of Public Works.
As an alternate to § 175-32, the Director of Public Works may authorize a plumber employed by the property owner and licensed as a master plumber by the State of New Jersey to excavate for, construct, lay, connect and/or repair a building sewer. Such authorization shall be conditioned that the persons applying therefor shall comply with the provisions of this Article and other ordinances of the city in relation to excavating of streets and shall be responsible for damages or injuries caused to persons, animals or property by reason of any neglect or carelessness connected with the work permitted and save the city harmless from any damages or injuries that may result from said work; that no claim shall be made by them or their successors in interest if the works or installation is taken up by authority of the Municipal Council; and that they or their successors in interest will claim no exemption from assessment for building sewers or drains serving their property. Where work is performed under the provisions of this section, as hereinabove provided, the property owner shall bear the total cost for excavation of the site, construction, placement, connection, and/or repair of the sewer and complete restoration of the site. The property owner shall also pay the connection fees required by § 175-36 and the inspection fees levied by the Manager of the Division of Sewers pursuant to § 175-65 and shall submit the bond or deposit required by § 175-34.
No person shall commence any work pursuant to § 175-33 unless he shall have posted the appropriate bond or deposit specified hereinafter. Said bond or deposit shall be conditioned that persons working pursuant to § 175-33 shall: carefully make openings into any sewers or drains under municipal control in a manner prescribed by the Director of Public Works without damaging such sewers or drains; leave no obstructions in such sewers or drains; properly close up the sewers or drains around the connections made by said person and make no openings into the arch of any such sewer or drain; faithfully comply with the provisions of this Article and other ordinances of the city relating to opening and excavating streets; be responsible for any damages or injuries that may occur to persons, animals or property by reason of any negligence or carelessness on their part associated with such work; properly restore the construction site to its previous existing condition within forty-eight (48) hours after commencing work; and maintain the site in a condition acceptable to the Director of Public Works for a period no less than six (6) months. An authorized plumber working pursuant to § 175-33 may elect to submit a bond or deposit according to any of the following alternatives; provided, however, that he shall have secured the concurrence of the Director of Public Works in this decision:
A. 
A maintenance bond or cash deposit shall be submitted to the city in the amount of one hundred percent (100%) of total project cost, such amount to be set by the Director of Public Works. Said bond or deposit shall be held by the city for a period of not less than six (6) months and shall be returned to the person posting such bond or deposit when it has been determined by the Director of Public Works that the conditions aforestated have been satisfied. Where noncompliance with the aforestated conditions occurs, said bond or deposit shall be forfeited to the city for correction of the noncompliant condition.
B. 
Where a person working pursuant to § 175-33 deems it economically advantageous, he may elect, as an alternate to the above to submit to the city an annual maintenance bond in the amount of five thousand dollars ($5,000.) or other amount approved by the Director of Public Works. At no time shall the total cost of the aggregate of all projects with which such a person is involved exceed the posted annual bond, as determined by the Director of Public Works. Furthermore, at no time shall a project be approved under the conditions of such annual maintenance bond unless at least six (6) months of the bond period remain unexpended. Annual bonds posted pursuant to this procedure shall be subject to review and renewal. Where noncompliance with the conditions accompany such bond, as aforestated, occurs, an appropriate amount of said bond shall be forfeited to the city in order to correct the noncompliant conditions.
Persons who have secured permission to connect a building sewer to facilities owned or operated by the PVSC or the JMEUC shall, in addition to fulfilling all other provisions of this Article, bear the total costs and expenses incidental to the installation and connection of the building sewers and shall indemnify the JMEUC or PVSC for any loss or damage that may be occasioned by them as a result of such installation and/or connection. The method of such indemnification shall be determined by the JMEUC or PVSC for their respective facilities.
A. 
Before any connection is made to any sewer under municipal control, there shall be paid to the city the tap fees provided in Chapter 88, Fees, for the following classifications:
[Amended 5-18-1982 by Ord. No. 16-82]
(1) 
Each dwelling or apartment house, for each three (3) families or fraction thereof.
(2) 
All other buildings, for every one thousand two hundred fifty (1,250) square feet of floor space or fraction thereof.
B. 
All payments for tap fee permits, as aforesaid, shall be made prior to the delivery of the permit to the person making application therefor by the Director of Public Works.
No person shall discharge or cause to be discharged any of the following wastes into any public sewer:
A. 
Wastes that may create a fire or explosion hazard in the sewer or wastewater facility, such as gasoline, fuel oil, cleaning solvents, etc.
B. 
Wastes that may impair or cause to impair the hydraulic capacity of the sewerage system, such as ashes, sand, metal, precipitates, etc.
C. 
Wastes that contain toxic wastes in toxic amounts.
D. 
Wastes discharged at a flow rate that is excessive over a relatively short period of time, such that there is an upset of the treatment process and a substantial loss of treatment efficiency.
E. 
Wastes that may create a hazard to people; create a hazard or cause damage to the wastewater facilities; endanger or interfere with the treatment process; create a hazard to receiving waters; or result in a violation of effluent limitations or other conditions contained in any NPDES permit.
F. 
Radioactive wastes or isotopes of such half-life or concentration that may exceed limits established by the city, JMEUC or PVSC in compliance with applicable state or federal regulations.
G. 
Noxious or malodorous wastes capable of creating a public nuisance.
A. 
No industrial user shall, directly or indirectly, discharge or cause to be discharged any of the following wastes to the wastewater facilities controlled by the city, JMEUC or PVSC without the controlling organization's prior written permission:
(1) 
Wastes with a temperature in excess of one hundred fifty degrees Fahrenheit (150° F.) [sixty-five degrees centigrade (65° C.)].
(2) 
Wastes containing more than one hundred (100) milligrams per liter of mineral oil or grease.
(3) 
Wastes containing floatable oil.
(4) 
Wastes containing heavy metals.
(5) 
Wastes discharged at such a concentration or rate so as to constitute a slug.
(6) 
Wastes with a pH outside the limits of five point zero (5.0) to nine point one (9.1).
(7) 
Wastes containing toxic wastes in less than toxic amounts.
B. 
Permission to discharge the above wastes may be granted upon a determination by the controlling organization (i.e., the city, JMEUC and/or PVSC) that the proposed discharge will not be detrimental to the wastewater facilities or the receiving waters. The burden of proof in such cases shall lie with the discharger.
[Added 11-5-86 by Ord. No. 53-86]
A. 
No person shall make connection on roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or drain which, in turn, is connected, directly or indirectly, to a public sanitary sewer, unless approved by the municipality for the purpose of disposal of polluted surface drainage.
B. 
All users of the wastewater facilities shall comply with the requirements of the written rules and regulations of the PVSC, which have been adopted and which, from time to time, shall have been adopted, which regulations shall become effective upon filing of certified copies in the office of the Municipal Clerk, after the effective date of this chapter.
Without having first obtained the signed, written permission of the Director of Public Works, no person shall, directly or indirectly, discharge or cause to be discharged any quantity of waste or wastewater to any public sewer or natural outlet from a nonstationary source, including for example, but not limited to, the discharge of industrial waste from any tank truck. Each and every individual operator and/or owner of a nonstationary source that discharges in violation of this section shall, upon conviction, serve the maximum penalties allowed by § 175-71.
A. 
All major industries shall provide a structure for the sampling of wastewater before the point of discharge to a public sewer or natural outlet. The sampling structure shall be constructed and maintained by the major industry at its own expense and shall be kept safe and accessible at all times. Sampling structure design shall be subject to the city's approval.
B. 
When required by the city, JMEUC, PVSC, NJDEP and/or USEPA, a major industry shall install and maintain additional facilities at its own expense, including for example meters, sealed automatic monitoring systems or other appurtenances to facilitate observation, sampling and measurement of wastes. Construction, installation and maintenance of such additional facilities shall be the responsibility of the major industry which shall keep these facilities safe and accessible at all times. Design and construction of such additional facilities shall be subject to the requirements of the governmental authority requiring them.
When pretreatment standards are adopted by the USEPA for any given class of industries, then any industry within that class shall conform to the USEPA timetable for adherence to pretreatment requirements, as well as all other applicable requirements promulgated by the USEPA in accordance with the provisions of law. Additionally, such industries shall comply with such more stringent standards necessitated by local conditions as determined from time to time by the city, JMEUC and/or PVSC.
All persons subject to this Article shall be required to provide information to the city, JMEUC, PVSC, NJDEP and/or USEPA, as needed, to determine compliance with this Article. This information may include:
A. 
Wastewater discharge rate and volume over a specified time period.
B. 
Chemical analysis of wastewater.
C. 
Information on raw materials, processes and products affecting wastewater volume and quality.
D. 
Quantity and disposition of specified liquid, sludge, oil, solvent or other materials important to sewer use control.
E. 
A plot plan of sewers on the user's property showing sewer and pretreatment facility location.
F. 
Details of wastewater pretreatment facilities.
G. 
Details or systems designed to prevent and/or control the loss of spilled materials to the municipal sewer (i.e., spill prevention plan).
All measurements, tests and analyses of the characteristics of wastewater, to which reference is made in this Article, shall be determined in accordance with the latest edition of Standard Methods of Water and Wastewater, published jointly by the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation, or other methods of procedures that may be acceptable to the governmental authority requiring the measurements, tests or analyses. Sampling method, location, time duration and frequency shall be determined on an individual basis by the governmental authority requiring the sampling.
All users of the wastewater facilities shall comply with the requirements of the written rules and regulations of the city, JMEUC or PVSC, which regulations shall become effective upon the filing of certified copies in the office of the City Clerk after the effective date of this Article.
Application for sanitary connections for dwellings, groups of dwellings or industrial or commercial establishments with only sanitary waste shall be submitted directly to the city, together with the appropriate fee, as provided in § 175-36 of this Article. The Director of Public Works shall maintain a record of the number of the sanitary applications and connections that are added and removed from the system and shall make an annual report to the PVSC no later than February 1 of each year.
Each existing industrial user which is presently connected directly or indirectly to municipal wastewater facilities that are tributary to wastewater facilities owned and operated by the PVSC shall make application to the PVSC for a discharge permit in accordance with the schedule established by the PVSC, whether the connection is for industrial waste or stormwater. Existing industrial users that have applied for permits may continue their discharge while the PVSC process their application, except for any discharges which constitute prohibited wastes as otherwise provided in this Article or unless notified by the PVSC to cease and desist their discharge. Any person proposing to make a new industrial connection shall submit an application for a discharge permit, together with the signed, written approval of the owner of the property whereon the connection shall be made, to the city for its approval. Upon the city's review and approval, the application shall be forwarded to the PVSC for classification and possible issuance of an industrial permit. No certificate of occupancy shall be granted by the city for a use requiring a discharge permit, as herein described, without the prior award of such permit by the PVSC.
Any existing industrial user which proposes to make any change in its facility or processing that may significantly affect the quality or the quantity of its discharge into the sewerage system shall submit to the city an industrial sewer waste revision application describing the contemplated changes. In addition, any new tenant or occupant of an existing industrial user shall submit an industrial sewer waste revision application to the city. Any industrial sewer waste revision application for which the city has granted written approval shall be forwarded to the PVSC for its action, including the possible issuance of an industrial permit. No certificate of occupancy shall be issued for an industrial use until an industrial permit has been issued by the PVSC, and no person shall occupy any building or structure for the purpose of a new industrial use until an industrial permit has been issued by the PVSC.
Industrial users shall be classified by the PVSC as follows:
A. 
Category I.
(1) 
Class I-A permit shall not be issued to an industry defined as a major industry and, when issued, shall allow the industry to discharge with no modifications or pretreatment of flow.
(2) 
Class I-B permit is one issued to an industry classified as a major industry. This permit shall allow the industry to discharge with no modifications or pretreatment of flow. However, the PVSC may require the installation of monitoring equipment.
B. 
Category II.
(1) 
Class II-A permit shall allow an industry to discharge pretreated wastes in accordance with standards established in the permit.
(2) 
Class II-B permit shall allow an industry to continue to discharge subject to change of characteristics of its waste by pretreatment or other means in accordance with a schedule as established by the PVSC in the permit.
C. 
Category III. A permit is denied and the discharge of prohibited materials must be halted or modified by the date established by the PVSC and in accordance with conditions contained in the permit denial.
The PVSC classification of an application is subject to change by the PVSC upon written notification from the PVSC to the applicant by certified mail. Any change shall be accompanied by a detailed explanation of the reason for the change.
Any industry aggrieved by a permit classification by the PVSC shall have a right to appeal to the PVSC. Such an administrative appeal must be taken within thirty (30) days of notification by the PVSC to the industry of its decision. The notice of appeal shall be delivered personally to the office of the PVSC at 600 Wilson Avenue, Newark, New Jersey 07105, or shall be sent by certified mail, return receipt requested. The taking of an appeal shall not stay the provisions of a Class III denial. During the time of appeal, however, Class II permits shall be stayed. However, the staying shall not release any industry from meeting any requirements of any schedule set by the city, NJDEP or USEPA.
Upon the filing of an appeal, the PVSC shall set the date and time for a hearing before the Commissioners. The applicant shall have the right to present evidence, shall have the right to be represented by counsel and shall have the right to cross-examination. Upon the conclusion of the hearing, the Commissioners shall make findings of fact and conclusions, and the Commissioners shall affirm or reverse the appealed classification.
In addition to the application as hereinabove described, each industrial user must complete an industrial survey form, which will be supplied by the PVSC and, from time to time, shall be updated by the industry when required by the PVSC.
Pursuant to the conditions stipulated in each PVSC industrial permit, industrial users bearing such permits shall provide immediate access to their facilities at any time during normal working hours or at any time during which there is a discharge to the wastewater facilities or to a natural outlet. Access shall be provided for the purpose of checking the quality of the discharge, taking samples and making tests of the discharge or for the purpose of permitting the enforcement of this Article. Access shall be made available to the employees of the city (including representatives of the Departments of Engineering, Health and Welfare and/or Public Works), PVSC, NJDEP and/or USEPA. All users shall provide access to property and premises for inspection to determine if there are any violations of the terms or provisions of this Article.
Wherever a permit shall hereafter be granted by the Director of Public Works to any person to construct, at his own expense, a private sewer in or through any public street, highway or alley, the person receiving such permit shall construct the sewer or cause it to be constructed in accordance with plans approved by the Director of Public Works.
Any person desiring to work under a permit as provided in the preceding section shall file a bond with the City Clerk with two (2) sureties to be approved by the Municipal Council. The amount of such bond shall be rated at one hundred percent (100%) of project cost by the Director of Public Works. Such bonds shall be conditioned that persons working pursuant thereto shall, in all work of constructing such sewers and connecting same with any public sewer, faithfully comply with the plans, specifications, regulations and instructions of the Director of Public Works. In case any work under a permit shall be improperly done and in violation of the foregoing conditions, other provisions of this Article, or other ordinances of the city, the Director of Public Works shall have the right to reconstruct such defective work, and the cost thereof, together with the cost of suit, shall be deemed under such bond to be recoverable by the city by suit on such bond.
If at any time after construction any person other than the original constructor or his successors in interest wishes to connect with a private sewer, he must produce a written consent of the original constructor or his successors in interest accompanying the application to the Director of Public Works for making a connection with a sewer constructed by a private party. Such a written consent shall be deemed equivalent to an acknowledgment of satisfaction of payment for the privilege granted.
When a party desirous of making a connection fails to obtain written consent as referred to in § 175-61, the Director of Public Works shall proceed, upon the presentation of a sworn statement in writing mentioning such nonagreement, to determine the equitable part of the cost of such sewer to be paid by the applicant. The amount fixed by the Director shall be final and conclusive. The Director shall thereupon collect the amount determined from the party desiring a permit, before the same is granted, and pay the sum to the original construction.
If the original constructor fails to file a sworn statement of the entire cost with the Director of Public Works within one (1) month after the completion of the work, as required by § 175-60, he shall forfeit any claim for compensation from any person connecting with such a sewer who shall have received a permit from the Director of Public Works to do so.
An inspector shall be assigned by the Division of Sewers to inspect the work in each case under the provisions of §§ 175-33 through 175-58. The city shall be reimbursed by the permittee for the services of the inspector or inspectors assigned, as aforesaid, and the amount of such reimbursement to be paid by the permittee shall be determined by the Division of Sewers.
Pursuant to 40 CFR 39.935-13 and N.J.S.A. 40:63-7, there is hereby imposed a sewer user charge on every property owner utilizing public wastewater facilities within the city. Sewer charges shall be composed of the following two (2) parts:
A. 
Part A. Users shall be billed according to their use of JMEUC or PVSC facilities.
B. 
Part B. Users shall also be billed for their use of city wastewater facilities in conformance with applicable state and federal laws and regulations. In addition, users shall be billed for the administrative costs of billing and collection of the two-part user charge.
No provision of this Article shall exclude the city from utilizing ad valorem tax revenues to supplement its payments for wastewater disposal where such a procedure is not prohibited by state or federal law.
[Amended 5-18-1982 by Ord. No. 16-82]
Pursuant to § 175-65, the user charges associated with Part A[1] are hereby set as follows:
A. 
Users of PVSC and/or JMEUC wastewater facilities shall be billed the amount provided in Chapter 88, Fees, per one thousand (1,000) cubic feet of water supplied and metered by the city.
B. 
Property owners who obtain water either in whole or in part from sources other than the city shall provide and maintain at their own expense water or sewage meters which shall register the total discharge of sewage to the municipal wastewater facilities. All such installation shall be subject to the approval of the Director of Public Works and shall be maintained by the property owner in a continuous state of accurate operation. The user charge for these properties shall be as provided in Chapter 88, Fees, per one thousand (1,000) cubic feet of metered wastewater discharged to the public sewer, whether or not the water is furnished by the city.
[1]
Editor's Note: See § 175-65A above.
[Amended 5-18-1982 by Ord. No. 16-82]
Pursuant to § 175-65, the user charges associated with Part B[1] are hereby set as follows:
A. 
Users of municipal wastewater facilities shall be billed the amount provided in Chapter 88, Fees, per one thousand (1,000) cubic feet of water supplied by the city.
B. 
Property owners who obtain water, either in whole or in part from sources other than the city, shall provide and maintain at their own expense water or sewage meters which shall register the total discharge of sewage to the municipal wastewater facilities. All such installation shall be subject to the approval of the Director of Public Works and shall be maintained by the property owner in a continuous state of accurate operation. The user charge for these properties shall be as provided in Chapter 88, Fees, per one thousand (1,000) cubic feet of metered wastewater discharged to the public sewer, whether or not the water is furnished by the city.
[1]
Editor's Note: See § 175-65B above.
In accordance with the provisions of N.J.S.A. 40:63-8, unpaid sewer user charges shall draw interest, and the interest together with the principal shall become a lien upon the premises served.
The Director of Finance of the city, who is hereby designated as the collector of any and all user charges, is hereby delegated the authority to develop, promulgate and issue rules and regulations for the effective implementation of §§ 175-65 through 175-70 of this Article.
[Amended 11-5-86 by Ord. No. 53-86]
A. 
Violations of any of the provisions of this chapter or any permit issued under the authority of this chapter may result in the termination of the permit and/or the termination of the authority to discharge into the system.
B. 
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to a fine not to exceed five hundred dollars ($500.) and/or imprisonment not to exceed ninety (90) days, or both. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.