[1979 Code § 14-1; Ord. No. 20-259 § 1; Ord. No. 21-57 § 1]
As used in this Article:
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
Shall mean the laboratory determination of the quantity of
oxygen utilized in the biochemical oxidation of organic matter in
a given time and at a specified temperature, being expressed in parts
per million or milligrams per liter of oxygen used in a period of
five (5) days at twenty (20°) degrees Centigrade.
DOMESTIC WASTE
Shall mean the liquid waste or liquid-borne waste (1) resulting
from the preparation, cooking and handling of food and/or (2) consisting
of human excrement and similar waste from sanitary conveniences.
ENVIRONMENTALLY SENSITIVE AREAS
Shall mean those areas which are contained within the one
hundred (100) year floodplain boundary as shown on the Flood Hazard
Boundary/Flood Insurance Rate Maps with an initial identification
date of 16 July 1976 and as prepared by the Federal Insurance Administration,
Department of Housing and Urban Development; as well as those areas
identified as wetlands as defined by the U.S. Fish and Wildlife Service.
Those areas specific to the City which have been classified as environmentally
sensitive are as delineated on special City tax maps on record at
the Linden Roselle Sewerage Authority and the City Hall of Linden.
GENERATOR
Shall mean the person who causes septage to be generated.
HAULER
Shall mean any person registered by the Solid Waste Administration
for collection, transportation, and disposal of septage from generator
to approved disposal facilities.
INDUSTRIAL WASTES
Shall mean liquid or other wastes resulting from any processes
of industry, manufacture, trade or business or from the development
of any natural resource.
LOCAL WATERS
Shall mean both surface and underground waters.
pH
Shall mean the logarithm of the reciprocal of the weight
of hydrogen ions in grams per liter of solution, indicating the intensity
scale of acidity and alkalinity expressed in terms of a pH scale running
from 0.0 to 14.0, with a pH value of 7.0 the midpoint of the scale,
representing exact neutrality, and with values above 7.0 indicating
alkalinity and those below 7.0 acidity.
PERMIT
Shall mean a written authorization by authority resolution
to a person permitting the discharge of waste waters into the sewers
under specified conditions.
POLLUTION
Shall mean the condition of water resulting from the introduction
therein of substances of a kind and in quantities rendering it detrimental
or immediately or potentially dangerous to the public health or unfit
for public or commercial use or detrimental to the propagation, cultivation
or conservation of animals, fish or aquatic life.
PROPERLY SHREDDED GARBAGE
Shall mean the wastes from the 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 one-half (1/2) inch
in any dimension.
RULES
Shall mean the rules and regulations of the New Jersey Department
of Environmental Protection concerning the statewide management of
septage disposal. (N.J.A.C. 7:14-5.1 et seq.)
SEPTAGE
Shall mean the combination of liquid and solid residues resulting
from the treatment of water-borne domestic waste in on-site treatment
systems.
SEWERS
Shall mean the system of public sewers receiving the discharge
of waste waters and directing these to the Linden Roselle Sewerage
Authority's treatment facilities.
STATE AND FEDERAL REGULATORY AGENCIES
Shall mean all departments, commissions, boards and agencies
of the State of New Jersey and of which it is a member, and of the
United States having jurisdiction over the subject matter involved.
SUSPENDED SOLIDS
Shall mean the laboratory determination of dry weight expressed
in parts per million or milligrams per liter of solids that either
float on the surface of, or are in suspension in, water, waste water
or other liquids which are removable by laboratory filtering.
TREATMENT FACILITIES
Shall mean all facilities for collecting, pumping, treating
and disposing of waste water.
USER
Shall mean any person who uses the facilities of the Linden
Roselle Sewerage Authority, directly or indirectly, for waste water
disposal service.
VACANT
Shall mean a parcel of land upon which no building, facility,
or other construction has been erected or placed. The following criteria,
however, shall be sufficient cause for excluding a parcel of land
from the "vacant" category:
a.
When there is a sole owner of an undeveloped lot and an adjoining
developed lot, the undeveloped lot shall not be considered vacant.
b.
When an undeveloped lot lies on a street which presently contains
sewers, and when a house connection has been provided for that undeveloped
lot, the lot shall not be considered vacant.
c.
When a parcel of land was previously developed, and the structure
was subsequently razed, the parcel shall not be considered vacant.
d.
When a parcel of land has a prior use (but not necessarily construction
of a structure), the parcel of land shall not be considered vacant.
e.
In cases where the City of Linden has issued building permits
for undeveloped parcels of land after 28 August 1980 and before 6
October 1980, those parcels of land shall not be considered vacant.
WASTE WATER, WATERS OR WASTES
Shall mean the water-carried wastes created in and carried,
or to be carried, away from residences, hotels, apartments, schools,
hospitals and industrial establishments, or any other public or private
building, together with such industrial wastes as may be present.
003/004 SANITARY RELIEF SEWERS
Shall mean those two (2) sanitary gravity relief sewers and
associated work, all in the City of Linden, as recommended in the
"Facilities Plan for the Elimination of Discharge Points 003 and 004,"
dated June, 1978, and an Addendum to the Plan, dated August, 1978,
and amended August, 1980.
[1979 Code § 14-5.1]
The Linden Roselle Sewerage Authority shall have the right to
enter the premises of any private, public, commercial or industrial
establishment using the sewage facilities of the City, and to inspect,
measure, sample, test and observe wastes and waste-producing operations
and facilities and conveying and treatment facilities on such premises.
[1979 Code § 14-5.2]
Design and installation of plants and equipment for pretreatment
or equalization of waste flows shall be subject to review and approval
of the Linden Roselle Sewerage Authority and the requirements of all
applicable code, ordinances and laws. Pretreatment of flow-equalizing
facilities, where provided, shall be maintained continuously in satisfactory
and effective operation by the user at his expense.
[1979 Code § 14-5.3]
No person shall cause or permit sewage or other polluting matter
to flow into or be placed, or to fall or move into, the waters of
the Interstate Sanitation District contrary to the requirements and
provisions of the Tri-State Compact.
[1979 Code § 14-5.4; Ord. No. 21-57 § 1]
No septage generator shall dispose of septage to a hauler who
will dispose of the septage at Linden Roselle Sewerage Authority,
unless the septage generator certifies that the septage is domestic,
as defined in these regulations, and as required by the rules.
[1979 Code § 14-5.5; Ord. No. 21-57 § 1]
No hauler shall dispose of septage at Linden-Roselle Sewerage
Authority unless the hauler submits a certification with each load
that the septage to be disposed of is domestic, as defined in these
regulations, and as required by the rules. No personnel shall knowingly
make a false statement or falsify, tamper or render inaccurate a monitoring
device or method.
[1979 Code § 14-5.6; Ord. No. 21-57 § 1]
Any person failing to comply with any provisions of the rules
shall constitute a violation of the New Jersey Water Pollution Control
Act (N.J.S.A. 58:10A-1 et seq.) which provides for civil penalties
of up to ten thousand ($10,000.00) dollars per day of violation and/or
criminal penalties of up to twenty-five thousand ($25,000.00) dollars
per day of violation and/or imprisonment for not more than one (1)
year.
[1979 Code § 14-5.7; Ord. No. 22-72 § 1]
The Linden Roselle Sewerage Authority may promulgate, issue,
publish and amend and enforce all such rules and regulations concerning
the system or the business and affairs of the Authority, as may be
permitted by law, including, but not limited to, rules and regulations
regulating the making or connections to the system or the use or services
of the system or prohibiting or regulating the discharge into the
system or any sewer, sanitation or drainage system connected therewith
of (a) storm water drainage from ground surface, roof leaders or catch
basins or from any other source, (b) industrial wastes, or (c) oils,
acids or any other substances which alone or in combination with other
substances discharged into the system, are or may be injurious or
deleterious to the system or to its efficient operation. Such rules
and regulations may include lists of harmful wastes, discharge of
which into the system or any sewer, sanitation or drainage systems
connected therewith shall be prohibited.
[1979 Code § 14-2.1]
No person shall cause or permit any waters or wastes to enter
or pass into the public sewerage system which fail to meet the following
requirements at the point of origin, that is the point of entrance
to the public sewer:
a. pH shall not be less than 6.0 nor more than 9.0.
b. Shall not contain any gasoline, benzene, naptha, fuel oil, or other
flammable or explosive liquid, solid or gas.
c. Shall not contain any flammable substance with a flash point lower
than one hundred eighty-seven (187°) degrees Fahrenheit.
d. Shall have temperature within the range of thirty-two (32°) to
one hundred fifty (150°) degrees Fahrenheit.
e. Shall not contain grease or oil or other substance that will solidify
or become viscous at temperatures between thirty-two (32°) and
one hundred fifty (150°) degrees Fahrenheit.
f. Shall not contain any garbage that has not been properly shredded.
Where the installation and operation of any mechanical garbage grinder
is permitted, the use and installation of equipment, including a motor
of three-fourths (3/4) horsepower or greater, shall be subject to
the review and approval of the Linden Roselle Sewerage Authority.
g. Shall not contain toxic or poisonous solids, liquids or gases in
sufficient quantity, either singly or by interaction with other wastes,
to injure or interfere with any biological sewage treatment process,
constitute a hazard to humans or animals, create a public nuisance,
or create any hazard in the receiving waters or the sewage treatment
plants.
h. Shall not contain any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by applicable regulations
of State and Federal regulatory agencies.
i. Shall not contain materials which cause excessive discoloration,
such as but not limited to dye waste and vegetable tanning solutions.
[1979 Code § 14-2.2; Ord. No. 22-72 § 1]
No person shall cause or permit any wastes or waters to enter
or pass into the public sewerage system which at the point of origin,
i.e., the point of entrance to the public sewer, shall contain or
cause the following:
a. Chemical reaction, either directly or indirectly, with the materials
of construction to impair the strength or durability of sewer or treatment
structures.
b. Mechanical action that will destroy or damage the sewer or treatment
structures.
c. Restriction of the hydraulic capacity of sewer structures.
d. Restriction of the normal inspection or maintenance of the sewer
structures.
e. Danger to public health and safety.
f. Obnoxious conditions inimical to the public interest.
g. Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers, or other interferences
with proper operation of the sewerage works, such as, but not limited
to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, whole blood, paunch manure, hair, fleshings,
entrails, paper dishes, cups and milk containers, either whole or
ground, and unground garbage.
h. Violation of the Rules and Regulations of the Linden Roselle Sewerage
Authority, or any Federal or State laws, rules and regulations. In
the event that there are any inconsistencies between such rules, regulations
and laws, the more stringent or restrictive of them shall apply and
take precedence.
[1979 Code § 14-2.3; Ord. No. 31-40 § 1]
No person unless such person shall be an industrial user and shall have obtained a special permit in accordance with Section
17-5, shall cause or permit to enter or pass into the public sewerage system any waters or wastes which contain concentrations in excess of the specified limits for one (1) or more of the following listed chemicals and physical characteristics at the point of entrance to the public sewer. The concentration indicated shall be twenty-four (24) hour average concentration and the maximum concentration at any time during the twenty-four (24) hour period shall not exceed three (3) times the specified concentration limit:
a. B.O.D., 5 day, 20 degrees C, shall not exceed 600 mgr/L.
b. Suspended solids shall not exceed 600 mgr/L.
c. Settleable solids shall not exceed 10 ml/L.
d. Chemical oxygen demand shall not exceed 1000 mgr/L.
e. Chromium (Hexavalent) shall not exceed 3 mgr/L.
f. Cyanides shall not exceed 2 mgr/L.
g. Cadmium shall not exceed 4 mgr/L.
h. Nickel shall not exceed 5 mgr/L.
i. Iron shall not exceed 15 mgr/L.
j. Zinc shall not exceed 5 mgr/L.
k. Copper shall not exceed 3 mgr/L.
l. Arsenic shall not exceed 1 mgr/L.
m. Phenols shall not exceed 10 mgr/L.
n. Sulfides shall not exceed 50 mgr/L.
o. Grease, oil or any oil substance, whether emulsified or free, shall
not exceed 50 mgr/L.
p. Ammonia-nitrogen shall not exceed 22.0 mgr/L (effective March 25,
1995).
[1979 Code § 14-2.4; Ord. No. 22-72 § 1]
If any waters or wastes are discharged or are proposed to be
discharged into the public sewerage system which contain waters, substance
or substances specifically prohibited in this section, or any other
substance or substances which may have a deleterious effect upon the
sewerage treatment processes, equipment or receiving waters, or which
violate any Federal or State laws or regulations or Linden Roselle
Sewerage Authority Rules and Regulations, or which otherwise create
a hazard to life or constitute a public nuisance, the Linden Roselle
Sewerage Authority shall have the authority to:
a. Prohibit the discharge of the wastes into the public sewerage system.
b. Require pretreatment of the wastes to an acceptable condition for
discharge into the public sewerage system.
c. Require control over the quantities and rates of discharge.
d. Require the application for a permit in accordance with Section
17-5.
e. Require combinations of any or all of the above.
[1979 Code § 14-2.5]
Upon request of the Linden Roselle Sewerage Authority or of
the Fire Department, every person who causes or permits any waters
or wastes to enter or pass into the public sewage systems shall make
a written report disclosing its wastes and waste-producing operations
and its conveying and treatment facilities, and furnish such other
pertinent information as may be requested. Such report shall be made
as requested, and shall be submitted without delay no later than fifteen
(15) days after the request. Any person who causes or permits any
waters or wastes to enter or pass into the public sewage system shall
make a written report to the Linden Roselle Sewerage Authority upon
increasing the rate of flow of waters or wastes or upon changing the
process, products or nature of the water or wastes.
[Ord. No. 35-8 § 14-2;
New]
a. Grease Traps. Grease traps shall be installed in accordance with
the Uniform Construction Code as determined by the Plumbing Inspector.
The grease traps shall be continuously maintained in order to provide
satisfactory and effective operation by the owner, at the owner's
expense. There shall be no bypass of the grease trap facilities which
would allow the entry of untreated or partially treated wastes to
the public sewer system.
b. All retail food establishments, commercial food processors, meat
processors or similar food preparers that are grease producers shall
be required to pretreat their discharge with an approved bacteriological
product to control and eliminate the introduction of grease into the
sewer system.
c. The bacteriological product must be free of wetting agents, additives
and reducing agents, enzymes, solvents or chemical degreasers and
must be approved for use by the Superintendent of Public Works or
designee prior to application and/or installation of equipment. The
bacteria shall be introduced into the system according to manufacturing
specs.
d. The Enforcing Authority of this section shall be Superintendent of
Public Works or his designee, who shall have the authority to issue
summonses for violations of this section.
[1979 Code § 14-3.1]
No person shall hereafter cause or permit any industry be connected
to the sewerage system of the City without first obtaining a permit
from the Linden Roselle Sewerage Authority.
[1979 Code § 14-3.2]
No person shall cause or permit any new connection to be made
to the public sewerage system which will allow the entrance therein
of storm water drainage from ground surface, roofs, cellars or any
other sewers.
[1979 Code § 14-3.3]
Such permit, or a permit specially applied for in the case of a current permittee, may allow discharges which exceed in their chemical, physical or biological characteristics the limits set forth in Section
17-3. Permits under this subsection may be issued where, in its sole determination and discretion, the authority finds that its treatment facilities may be capable of handling, i.e. pass through without impact on treatment efficiency, or treating, within the facilities' design limitations, such wastes, and where the applicant for such permit demonstrates a need, hardship or other special reasons for the issuance of such permit. The authority, in such cases, may impose any and all conditions upon such permit as it may deem necessary to protect the authority's facilities and to insure compliance with all State and Federal laws and regulations pertaining to it and to protect the authority against any penalties under State or Federal laws and regulations.
[1979 Code § 14-3.4]
The Authority may promulgate all rules and regulations it deems
necessary or appropriate for the application for permits under this
section.
[1979 Code § 14-4]
The Linden Roselle Sewerage Authority at its own election or
upon the request of a user approved by the Linden Roselle Sewerage
Authority, shall install one (1) or more metering and sampling stations
consisting of one (1) or more manholes or similar structures having
suitable devices for metering and sampling. Such installation shall
be installed and maintained at the expense of the user. Persons who
connect to the public sewage system and discharge industrial wastes
therein, shall install metering or sampling stations, or both, prior
to use of the public sewage system unless such requirement is waived
after investigation and determination by the Linden Roselle Sewerage
Authority that the same are presently unneeded. When it is determined
by the Linden Roselle Sewerage Authority that the same are needed,
the user shall install the required devices. The Linden Roselle Sewerage
Authority shall have the right at any time to test, set and replace
the meters or other devices in the stations and to remove meters and
devices of the Linden Roselle Sewerage Authority. The user shall repair
or replace metering and sampling installations as may be required.
The Linden Roselle Sewerage Authority, at its option, may determine
waste water volumes contributed by a person discharging industrial
wastes into the public sewage system, from metered water consumption
records of the water utility furnishing water to such person by any
means permitted by law.
The measurements, tests and analyses of the characteristics
of the waste waters referred to herein shall be determined by "Standard
Methods for the Examination of Water and Waste Waters" published by
the American Public Health Association, whenever applicable.
[1979 Code § 14-6; Ord. No. 20-259 § 1]
No person shall cause or permit, for a period of fifty (50)
years dated from 28 August 1980, any connection to the 003, 004 sanitary
relief sewers in the City which would allow the discharge of waste
water from any building, facility, or other construction on any parcel
of land defined as being within an environmentally sensitive area,
and which parcel of land as of 28 August 1980 was defined as vacant,
unless the connection is approved in writing by the U.S. Environmental
Protection Agency Region II Administration.
The vacant parcels of land within an environmentally sensitive
area which are hereby prohibited from connection to the 003, 004 sanitary
relief sewers are as follows:
Block No.
|
Lot No.
|
Owner
|
---|
206
|
10
|
City of Linden (Park)
|
207
|
7
|
City of Linden (Park)
|
242
|
10
|
City of Linden (Park)
|
243
|
15
|
City of Linden
|
244
|
16
|
City of Linden
|
245
|
3
|
City of Linden
|
252
|
24
|
City of Linden
|
280
|
11
|
City of Linden
|
282
|
3
|
City of Linden
|
284
|
1
|
City of Linden
|
284
|
2
|
City of Linden
|
284
|
14
|
City of Linden
|
287
|
1
|
W.C. Sexton c/o R. B. Miller
|
457
|
19
|
City of Linden
|
464
|
2
|
City of Linden
|
464
|
3
|
City of Linden
|
464
|
35
|
City of Linden
|
465
|
2
|
City of Linden
|
465
|
24
|
City of Linden
|
466
|
2 North of West Brook
|
City of Linden
|
535
|
1
|
City of Linden
|
545
|
26
|
City of Linden
|
545
|
35
|
City of Linden
|
560
|
2
|
City of Linden
|
561
|
3
|
City of Linden (Park)
|
562
|
2
|
City of Linden (Park)
|
564
|
2
|
City of Linden
|
574
|
14
|
City of Linden (Park)
|
581
|
16.02
|
Buckey Pipe Company
|
582
|
49
|
John & Mildred Kocinski
|
582
|
61
|
Texas Eastern Transmission Corp.
|
582
|
62
|
Texas Eastern Transmission Corp.
|
582
|
65
|
Cities Service Company
|
583
|
3
|
John Fedor Realty
|
583
|
6
|
Cities Service Company
|
583
|
7
|
Cities Service Company
|
[Ord. No. 52-04; Ord. No. 56-04 § 1; Ord. No. 59-18 § 1]
The annual operation, maintenance and replacement costs (called
"O&M costs") of the Linden Roselle Sewerage Authority (called
"Authority") for treatment services provided to the City shall be
allocated to the City in proportion to use, based upon the City's
relative contributions of wastewater volume, biochemical oxygen demand,
and suspended solids. The following percentages shall be used by the
Authority to allocate its O&M costs: thirty-five (35%) for wastewater
volume, twenty-five (25%) for biochemical oxygen demand, and forty
(40%) for suspended solids. The Authority shall review this allocation
procedure at least biennially (every two (2) years) to ensure that
(a) the City is charged O&M costs in proportion to use, (b) sufficient
revenues are generated, and (c) excess revenue from a class of users
is applied toward the O&M costs allocated to that class for the
next year.
The annual capital and debt service costs of the Linden Roselle
Sewerage Authority (called "Authority") for treatment services provided
to the City shall be allocated to the City in proportion to use, based
upon the City's relative contributions of wastewater volume, biochemical
oxygen demand, and suspended solids, as documented by the Authority.
The following percentages shall be used by the Authority to allocate
its capital and debt service costs: fifty (50%) for wastewater volume,
twenty eight (28%) for biochemical oxygen demand, and twenty-two (22%)
for suspended solids. The Authority shall review this allocation procedure
currently with its biennial review of O&M costs to ensure that
(a) the City is charged capital and debt service costs in proportion
to use, (b) sufficient revenues are generated, and (c) excess revenue
from a class of users is applied toward the capital and debt service
costs allocated to that class for the next year.
[Ord. No. 35-48 § 1; Ord. No. 52-04 § 2; Ord. No. 56-04 § 2; Ord.
No. 59-18 § 2]
The City shall collect the Authority's O&M, capital and debt service costs allocated to the City in accordance with subsection
17-8.10 from users of the City's sewer system in proportion to use. Users of the City's sewer system shall be classified as follows:
a. Residential and Small Nonresidential. Users that discharge less than
25,000 gallons per day of wastewater with biochemical oxygen demand
and suspended solids concentrations of less than 235 mg/L (milligrams
per liter) and 200 mg/L respectively.
b. Major Industrial Class A.
1. Users that discharge more than 25,000 gallons per day of wastewater
and which discharge biochemical oxygen demand (BOD) and/or total suspended
solids concentration (TSS) greater than 30 mg/L respectively shall
be defined as Class A Major Industrial users.
2. Users that discharge wastewater with biochemical oxygen demand or
total suspended solids concentrations greater than 235 mg/L and 200
mg/L respectively shall be defined as Class A Major Industrial users.
c. Major Industrial Class B. Users that discharge more than 25,000 gallons
per day of wastewater with biochemical oxygen demand or suspended
solids concentrations less than or equal to 30 mg/L respectively shall
be defined as Class B Major Industrial users, providing that the concentration
of biochemical oxygen demand (BOD) is less than 235 mg/L and the concentration
of total suspended solids is less than 200 mg/L.
[Ord. No. 43-35 § 1; Ord. No. 52-04 § 3; Ord. No. 56-04 § 3; Ord.
No. 59-18 § 3]
The City's share of the Authority's O&M, capital and debt service costs shall be allocated to each of the above classes on the basis of relative wastewater volume, biochemical oxygen demand, and suspended solids contributed by each class. The allocation percentages in subsection
17-8.10 shall be used in this regard.
For users in the Residential and Small Nonresidential class
and the Major Industrial Class A class, charges shall be based upon
a unit rate per gallon (or multiple thereof such as thousand or million
gallon units) or one hundred cubic feet of metered water consumption
during the previous year, unless it is determined that a given user's
metered water consumption does not fairly represent the volume of
wastewater contributed to the City's sewer system. Such users shall
be termed to be directly measured users. In lieu of metered water
consumption, the Authority may measure such discharges on the basis
of a sewage flow meter provided by the user or other basis determined
by the Authority. Charges for such a user shall be based upon the
unit rate applied to the volume of the wastewater discharged. The
unit rate shall be determined annually by dividing the Authority's
O&M (operations and maintenance), capital and debt service costs
allocated for the subject year to the Residential and Small Nonresidential
class and the Major Industrial Class A user class by the sum of the
total metered water consumption and the discharges of directly measured
users for the previous year for the Residential and Small Nonresidential
and the Major Industrial Class A classes.
Major Industrial Class A users discharging biochemical oxygen
demand in concentrations greater than 235 mg/L on an annual average
basis or suspended solids in concentrations greater than 200 mg/L
on an average annual basis shall pay a concentration cost recovery
charge. The concentration cost recovery charge shall be based upon
the additional quantity of biochemical oxygen demand or suspended
solids expressed in mass (e.g. tons per year) resultant from the concentrations
above these limits using the following formulas:
For BOD: QBOD = (User's Annual Flow in Million Gallons x 8.34
x (CBOD — 235)) / 2,000;
and for TSS: QTSS = (User's Annual Flow in Million Gallons x
8.34 x (CTSS — 200)) / 2,000;
where QBOD and QTSS equal the quantities of BOD and/or TSS subject
to the concentration cost recovery charge and CBOD and CTSS equal
the user's concentrations of BOD and/or TSS in milligrams per liter
(mg/L). For example a Major Industrial User Class A user discharging
two million gallons per year (mgy) with a BOD concentration of 400
mg/L would generate 1.376 tons per year of BOD subject to the concentration
cost recovery charge, calculated as follows:
QBOD = (2mgy x 8.34 x (400mg/L — 235mg/L)) /
2,000 = 1.376 tons of BOD.
The BOD and TSS concentration cost recovery unit charges shall
be determined annually based upon the total quantities of biochemical
oxygen demand and suspended solids received by the Authority and the
costs allocated to BOD and TSS using the allocation percentages in
Section 1.
For user in the Linden Major Industrial Class B, charges shall
be based upon a unit rate per gallon (expressed in units determined
by the Authority, e.g. million gallons per year) of wastewater discharged
to the City's sewer system. The Authority may measure such discharges
on the basis of a sewage flow meter provided by the user, metered
water consumption or other basis determined by the Authority.
[Ord. No. 52-04 § 4; Ord. No. 56-04 § 4; Ord. No. 59-18 § 4]
The Authority may annually allocate to the City the costs of its Industrial Pretreatment Program to the Major Industrial class (defined in subsection
17-8.11). Such allocated costs shall be charged against users in the Major Industrial classes on the basis of relative wastewater volume, biochemical oxygen demand and suspended solids contributed by each.
[Ord. No. 59-18 § 5]
a. Major Industrial Class B Users annually may reserve capacities at
the Authority's wastewater treatment plant. Such reserved capacities
may be based on the annual quantities of wastewater flow, BOD and
TSS specified in the Major Industrial Class B user's Industrial Pretreatment
Program permit or other bases as determined by the Authority.
The Authority may impose a Capacity Reservation Charge for reserved
capacities based upon the following units:
1. Flow — million gallons per year of reserved treatment capacity;
2. BOD — tons per year of reserved treatment capacity; and
3. TSS — tons per year of reserved treatment capacity.
b. The Capacity Reservation Charges shall be calculated annually using the Authority's projected fixed costs as distributed between Flow, BOD and TSS and using the cost allocation factors set forth under subsection
17-8.10. The Capacity Reservation Charges shall be calculated as follows:
1. The flow charge component shall be determined by dividing the Authority's
Flow related fixed costs assigned to flow by 6,205 (representing the
Authority's treatment plant flow capacity expressed in units of million
gallons per year);
2. The BOD charge component shall be determined by dividing the Authority's
BOD related fixed costs assigned to BOD by 8,505 (representing the
Authority's treatment plant BOD capacity expressed in units of tons
per year); and
3. The TSS charge component shall be a charge determined by dividing
the Authority's BOD related fixed costs assigned to TSS by 5,274 (representing
the Authority's treatment plant TSS capacity expressed in units of
tons per year).
c. Annually, Major Industrial Class B users shall specify to the Authority
what, if any treatment capacities are to be reserved for the next
calendar year. The reserved capacities may include up to one hundred
(100%) percent of the difference between the user's IPP permitted
quantities and the actual flows and loadings that the user is projecting
for the next calendar year. A Capacity Reservation Charge shall be
imposed on the user's unutilized portion of the user's reserve capacity.
For example, if a Major Industrial Class B user has a 10 mgy IPP (Industrial
Pretreatment Program) permitted flow and does not use 7 mgy of the
10 mgy IPP permitted flow, it would pay a capacity charge for the
7 mgy unutilized portion of the permitted capacity.
[Ord. No. 52-45 § 1; Ord. No. 61-36]
a. As of May 16, 2017, all new users or increased flows for residential,
commercial or industrial from improvements to premises, shall be charged
a fee upon each and every direct or indirect connection to the sewer
system. The connection fee of each and every user shall be based on
the total number of equivalent service units served by the connection
as calculated by a licensed New Jersey engineer or architect. An equivalent
service unit (ESU) is the average daily flow of sewage for the average
single-family residence in the City. The fee shall be collected upon
issuance of a builder's agreement or a certificate of occupancy in
the event that a builder's agreement is not required.
b. An ESU is presumed to be two hundred fifty-five (255) gallons per
day.
c. The connection fee shall be calculated as follows: one thousand seven
hundred fifty ($1,750.00) dollars per each equivalent service unit.
[1979 Code § 4-32.1; Ord. No. 27-58 § 1]
Whenever the City Council shall be satisfied and finds that a water emergency exists in the City, it may adopt a resolution declaring that a water emergency exists in the City. Such resolution shall be adopted by the Governing Body at any regular, special, adjourned or emergency public meeting of the City Council. Such resolution shall identify that portion of the City affected by the water emergency, which may include the entire City and shall specify which of the water use regulations contained in subsection
17-13.2 is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for ninety (90) days, unless extended or repealed as set forth in subsection
17-13.3. For the purpose of this paragraph, a water emergency shall exist if, for any of the following reasons:
a. The public utility providing water service to all or a portion of
the municipality has adopted water use restrictions, has notified
the municipality, the New Jersey Board of Public Utilities, and the
New Jersey Department of Environmental Protection, as well as any
other State, County or local agency entitled to notice of such restrictions
and such restrictions are not overruled or declared invalid by any
State, County or local agency having the jurisdiction and power to
do so; or
b. The City Council is otherwise satisfied that a water emergency exists
in the City.
[1979 Code § 4-32.2; Ord. No. 27-58 § 2]
Upon adoption by the City Council of a resolution declaring that a water emergency exists in the City in accordance with subsection
17-13.1, all citizens shall be urged to observe voluntary indoor conservation measures and, any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and to exempt businesses, as specified herein during the water emergency:
a. The complete ban and prohibition of outside water usage, including
the watering of lawns and plants, the filling of pools and the washing
of cars; or
b. Outside water usage on alternate days allowing outside water usage
by persons or businesses having even house or box numbers on even
days and those having odd house or box numbers on odd days with outside
water usage being completely banned and prohibited on the thirty-first
day of any month during the water emergency; or
c. Any other water use restriction specified by the City Council in a resolution required by subsection
17-13.1 which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this paragraph shall be limited in application to that portion of the municipality, which may include the entire municipality, identified as being affected by the water emergency in the resolution of the Governing Body adopted in accordance with subsection
17-13.1.
[1979 Code § 4-32.3; Ord. No. 27-58 § 3]
The resolution of the City Council required by subsection
17-13.1 shall, in addition to complying with subsection
17-13.1, provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the City Council shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the City Council shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this section continuing the water use restrictions.
[1979 Code § 4-32.4; Ord. No. 27-58 § 4]
The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the Linden Police Department. Whenever the Linden Police Department shall find a violation of the water use restrictions, the Police Department shall give the violator a written warning and explain the penalties for a second and third offense as provided by subsection
17-13.5. The Linden Department shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The Linden Police Department is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
[1979 Code § 4-32.5; Ord. No. 27-58 § 5]
After a first offense in accordance with subsection
17-13.4, any person or business who thereafter violates the water use restrictions imposed pursuant to this section shall be fined or imprisoned in accordance with this paragraph. For a second offense, the fine imposed shall be five hundred ($500.00) dollars or imprisonment for ten (10) days or both. For a third and subsequent offense, the fine imposed shall be one thousand ($1,000.00) dollars or imprisonment for thirty (30) days or both.
[Ord. No. 52-63 § 1; Ord. No. 58-16; Ord. No.
59-32]
a. To establish a Cross Connection Control and Backflow Prevention Program
in accordance with the New Jersey Safe Drinking Water Act, N.J.A.C.
7:10-10.1-10.10 and the Plumbing Subcode of the New Jersey State Uniform
Construction Code, N.J.A.C. 5:23-3.15.
b. To protect the public water main against actual or potential cross
connections, backflow by back pressure and back siphonage by isolating
within the premise or private property contamination or pollution
that has occurred or may occur because of an unauthorized cross connection
on the premises or private property.
c. To protect the water supply system within the premises or private
property against actual or potential cross connections/backflow by
pressure and back siphonage.
d. To eliminate cross connections/backflow by back pressure and back
siphonage or any other source of water or process water used for any
purpose which may jeopardize the safety of the water supply or which
may endanger the health and welfare of the general public.
[Ord. No. 52-63 § 1; Ord. No. 58-16; Ord. No.
59-32]
The Plumbing Subcode or his/her designee in conjunction with
the water purveyor will be responsible for determining the need for
a backflow prevention assembly.
[Ord. No. 52-63 § 1; Ord. No. 58-16; Ord. No.
59-32]
All backflow prevention devices shall be installed in accordance
with the current plumbing code. An initial Certificate of Compliance
will be issued by the Construction Code Department after final inspection
by the Plumbing Subcode Official and submission of testing results
for the device. Testing will be done in accordance with N.J.A.C. 7:10-10.6
by a certified tester.
[Ord. No. 52-63 § 1; Ord. No. 58-16; Ord. No.
59-32]
Certificates of Compliance must be obtained annually from the
Construction Code Department. An application for renewal must be completed
and submitted to the Construction Code Department with appropriate
testing certification in accordance with N.J.A.C. 7:10-10.5 and/or
N.S.P.C. 10.5.6. Certificates of Compliance for devices installed
prior to the enactment of this Ordinance must be obtained within ninety
(90) days of enactment. Certificates of Compliance will be issued
upon completion of an application and submission of testing certification.
[Ord. No. 52-63 § 1; Ord. No. 58-16; Ord. No.
59-32]
The fee for an initial Certificate of Compliance (new devices)
will be $10.00. The fee for the annual renewal of Certificate of Compliance
will be $50.00 submitted within thirty (30) days of expiration of
the Certificate. Renewals submitted more than thirty (30) days past
the expiration date will be subject to a penalty not to exceed $1,000.00
and/or a referral to the water purveyor for discontinuation of service.
The fee for an Initial Certificate of Compliance for existing devices
and all subsequent renewals for specified devices is $50.00.
[Added 8-16-2022 by Ord.
No. 66-51]
All homes, buildings or structures situated within 200 feet
of a public water distribution main must be connected to the public
water system of the City of Linden. After said connection, the utilization
of any private well, pump or other means for the furnishing of water
to the connected premises shall be discontinued nor such private well
be created, except that such existing private water supply is allowed
for purposes of irrigation, aesthetics or other non-potable use, so
long as:
a. The well must be a separate water system, not connected in any way,
to the public water supply;
b. The well water must not contain any primary health contaminant as
defined by the New Jersey Department of Environmental Protection.
c. A letter must be filed with the City Engineer and indicate that the
private well shall be utilized for the aforesaid purposes, and setting
forth the exact location and description thereof. The aforesaid requirements
are of a continuing nature.
[Added 8-16-2022 by Ord.
No. 66-51]
a. Any person who violates any provision of this section shall be subject to the provisions of subsection
1-5.1 of the General Ordinances of the City of Linden.
b. The violation of any provision of this section shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.