A.
This article sets forth uniform requirements for all discharges into
the wastewater collection and treatment system of the Township of
Wayne and enables the Township to comply with all applicable state
and federal laws and regulations pertaining to wastewater treatment
and industrial pretreatment.
B.
The objectives of this article are to:
(1)
Prevent the introduction of pollutants into the POTW which will interfere
with the operation of the system or contaminate the resulting sludge.
(2)
Prevent the introduction of pollutants into the POTW which will pass
through the system, inadequately treated, into receiving waters or
the atmosphere or otherwise be incompatible with the system.
(3)
Improve the opportunity to recycle and reclaim wastewaters and sludges
from the system.
C.
This article authorizes monitoring and enforcement activities, requires
industrial user reporting and provides for the regulation of dischargers
to the POTW through enforcement of general requirements for all discharges
(and through the issuance of permits to certain nondomestic dischargers.)
D.
This article shall apply to the Township of Wayne and to persons
outside the Township who are, by contract or agreement with the Township,
dischargers to the Township POTW. This article is a supplement to
the ordinance adopted August 5, 1964, as amended. Except as otherwise
provided herein, the Superintendent of the Division of Water and Sewers
of the Township POTW shall administer, implement and enforce the provisions
of this article.
A.
ACT OR THE ACT
APPROVAL AUTHORITY
APPROVED TEST PROCEDURE
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
BEST MANAGEMENT PRACTICES OR BMPS
BIOCHEMICAL OXYGEN DEMAND (BOD)
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD)
CHEMICAL OXYGEN DEMAND (COD)
COMMISSIONER
COMPATIBLE POLLUTANT
COMPOSITE SAMPLE
CONSISTENT REMOVAL
CONTROL AUTHORITY
COOLING WATER
DISCHARGE
DOMESTIC WASTEWATER
EPA
FEDERAL CATEGORICAL PRETREATMENT STANDARDS
GARBAGE
GRAB SAMPLE
GRACE PERIOD
HAZARDOUS POLLUTANT
HOLDING TANK WASTE
INCOMPATIBLE POLLUTANT
INDUSTRIAL PROCESS WASTEWATER
(1)
(2)
INDUSTRIAL USER
INTERFERENCE
NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES)
NEW SOURCE
NJDEP
NONSIGNIFICANT CATEGORICAL INDUSTRIAL USER
PASS THROUGH
PERMIT
PERSON
pH
POLLUTANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS
PUBLICLY OWNED TREATMENT WORKS (POTW)
REGIONAL ADMINISTRATOR
SERIOUS VIOLATION
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
(4)
(5)
SIGNIFICANT NONCOMPLIER
SLUG DISCHARGE
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STATE ACT
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOWNSHIP
TOXIC POLLUTANT
TREATMENT WORKS
TREATMENT WORKS PLANT
WASTEWATER
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
The Director of the NJDEP's Division of Water Quality or
his/her authorized representatives.
All analysis shall be performed in accordance with the analytical
test procedures approved under 40 CFR 136. Analysis for those pollutants
not covered therein shall be performed in accordance with procedures
approved by the NJDEP.
An authorized representative of an industrial user may be:
a president, secretary, treasurer or vice president of the corporation
in charge of a business function, or a manager authorized to make
management decisions which govern the operation of the facility, if
the industrial user is a corporation; a general partner or proprietor
if the industrial user is a partnership or proprietorship, respectively;
a duly authorized representative of the individual designated above,
if such representative is responsible for the overall operation of
the regulated facility, such as the position of plant manager, superintendent
or person of equal responsibility, and the written authorization is
submitted to the Superintendent.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §§ 159-50 and 159-51. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter for five days at 20° C expressed in terms of
weight and concentration in accordance with an approved test procedure.
That portion of the biological oxygen depletion either in
an effluent or in a water body, which is due to the oxidation of carbon
containing compounds.
A measure of the oxygen-consuming capacity of inorganic and
organic matter present in water or wastewater expressed as the amount
of oxygen consumed by a chemical oxidant in accordance with an approved
test procedure.
The Commissioner of the New Jersey Department of Environmental
Protection or his/her authorized representatives.
Biochemical oxygen demand, carbonaceous biochemical suspended
solids, pH and fecal coliform bacteria, and such additional pollutants
as are now or may be in the future specified and controlled in the
Township's NJPDES permit, where the POTW is designed to treat such
pollutants and, in fact, does treat such pollutants to the degree
required by the NJPDES permit.
A sample consisting of several effluent portions collected
during a specific time period and combined to make a representative
sample.
A reduction in the amount of a pollutant or alteration of
the nature of a pollutant by the wastewater treatment system to a
less toxic or harmless state in the effluent, which is achieved by
the system, as measured according to the procedures set forth in Section
403.7(b)(2) of the General Pretreatment Regulations for Existing and
New Sources of Pollution (40 CFR 403) promulgated pursuant to the
Act.
Refers to the approval authority defined hereinabove; or
the Superintendent of the Division of Sewers of if the Township has
an approved Pretreatment Program under the provisions of 40 CFR 403.11.
Any water used for the purpose of carrying away excess heat
and which may contain biocides used to control biological growth or
other additives to protect the system against corrosion, scaling or
the like.
The releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of a pollutant into the waters of the state or
onto the land or into wells from which the pollutant might flow or
drain into said waters, and shall include the release of any pollutant
into a municipal treatment works.
The liquid waste or liquid-borne waste resulting from the
noncommercial preparation, cooking and handling of food and/or consisting
of human excrement and similar wastes from sanitary conveniences.
The United States Environmental Protection Agency.
Pretreatment Standards as codified in 40 CFR Chapter I, Subchapter
N, specifying quantities or concentrations of pollutants or pollutant
properties which may be discharged or introduced to a POTW by existing
or new industrial users in specific industrial subcategories.
Solid wastes from the domestic and commercial preparation,
cooking, dispensing, handling, storage and/or sale of food.
A sample which is taken from a waste stream on a one-time
basis, without regard to flow or time.
The period of time afforded under N.J.S.A. 13:1D-125, et
seq., commonly known as the "Grace Period Law," for a person to correct
a minor violation in order to avoid imposition of a penalty that would
otherwise be applicable for such a violation.
Any toxic pollutant; any substance regulated as a pesticide
under the Federal Insecticide, Fungicide, and Rodenticide Act. Pub.
L. 92-516 (7 U.S.C. § 136 et seq.); any substance the use
or manufacture of which is prohibited under the federal Toxic Substances
Control Act, Pub. L. 94-469 (15 U.S.C. § 2601 et seq.);
any substance identified as a known carcinogen by the International
Agency for Research on Cancer; any hazardous waste as designated pursuant
to section 3 of P.L. 1981, c.279 (N.J.S.A. 13:1E-51) or the "Resource
Conservation and Recovery Act," Pub. L. 94-580 (42 U.S.C. § 6901
et seq.) or any hazardous substance as defined pursuant to section
3 of P.L. 1976, c.141 (N.J.S.A. 58:10-23.11b).
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
Any pollutant which is not a "compatible pollutant" as defined
in this section.
In addition to any ground, surface, and stormwaters from the
site which are introduced into a treatment works, the liquid waste
or liquid-borne waste resulting from the processes employed by any
person identified in the Standard Industrial Classification Manual,
1987, Office of Management and Budget, as amended and supplemented,
under one of the following divisions:
Wastewaters from restaurants (SIC #5812) and gasoline service
stations (SIC #5541) shall also be considered as industrial process
wastewater.
Any person who discharges, causes or permits the discharge
of nondomestic wastewater into the treatment works.
A discharge which, alone or in conjunction with a discharge
from another source, inhibits or disrupts the operation of a POTW
or its treatment process so as to contribute to, cause or increase
a violation of any condition of a state or federal permit under which
the POTW operates; or discharging industrial process wastewater which,
in combination with existing domestic flows, are of such volume and/or
strength as to exceed the POTW design capacity or that approved by
the Superintendent of the Division of Sewers; or preventing the approval
use or disposal of sludge produced by the POTW, in accordance with
Section 405 of the Act and regulations, criteria or guidelines developed
pursuant to the Federal Resource Conservation and Recovery Act of
1976 (42 U.S.C. § 3251 et seq.), the Federal Clean Air Act
(42 U.S.C. § 7401 et seq.), the Federal Toxic Substances
Control Act (15 U.S.C. § 2601 et seq.), Sections 2, 4 and
6 of the State Act and, to the extent practicable, the New Jersey
Guidelines for the Utilization and Disposal of Municipal and Industrial
Sludges and Septage.
The New Jersey system for issuing, modifying, suspending,
revoking and reissuing, terminating, monitoring and enforcing discharge
permits pursuant to the State Act. The term also includes discharge
permits (NPDES) issued pursuant to Section 402 of the Act.
Shall have the same meaning as set forth in 40 CFR § 403.3(K).
The New Jersey Department of Environmental Protection.
The Township may determine that an industrial user subject
to categorical pretreatment standards under 403.6 and 40 CFR Chapter
I, Subchapter N, is a nonsignificant categorical industrial user rather
than a significant industrial user on a finding that the industrial
user never discharges more than 100 gallons per day (gpd) of total
categorical wastewater (excluding sanitary, non-contact cooling and
boiler blowdown wastewater, unless specifically included in the pretreatment
standard) and the following conditions are met: (i) the industrial
user, prior to the Township finding, has consistently complied with
all applicable categorical pretreatment standards and requirements;
(ii) the industrial user annually submits the certification required
under 40 CFR 403.12(q) together with any additional information necessary
to support the certification statement; and (iii) the industrial user
never discharges any untreated concentrated wastewater. Where the
Township has determined that an industrial user meets the criteria
for classification as a nonsignificant categorical industrial user,
the Township will evaluate, at least once per year, whether an industrial
user continues to meet the criteria in this definition.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTW's NJPDES permit (including
an increase in the magnitude or duration of a violation).
Any permit issued pursuant to N.J.S.A. 58:10A-6, including
a letter of agreement entered into between the control authority and
a user of the POTW, setting effluent limitations and other conditions
on any discharge to the POTW.
Any individual, firm, company, partnership, corporation,
association, group or society, including the State of New Jersey,
and agencies, districts, commissions and political subdivisions created
by or pursuant to state law, and federal agencies, departments or
instrumentalities thereof. "Person" shall also mean any responsible
corporate official for the purpose of enforcement action pursuant
to N.J.S.A. 58:10A-10.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions in moles per liter of solution. Solutions with a
pH greater than seven are said to be basic; solutions with a pH less
than seven are said to be acidic; pH equal to seven is considered
neutral. Analysis shall be performed in accordance with an approved
test procedure.
Any dredged spoil, solid waste, holding-tank waste, incinerator
residue, sewage, garbage, refuse, oil, grease, sewage sludge, septage,
munitions, chemical wastes, biological materials, radioactive substance,
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt and industrial, municipal or agricultural waste or other residue
directly or indirectly discharged into the waters of the state. Pollutant
includes both hazardous and nonhazardous pollutants.
The application of physical, chemical and/or biological processes
to reduce the amount of pollutants in, or alter the nature of, the
polluting properties of wastewater prior to discharging such wastewater
into the treatment works.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an industrial user.
All applicable federal or state rules and regulations implementing
Section 307 of the Act of N.J.S.A. 58:11-49, as well as any nonconflicting
state or local standards. In cases of conflicting standards or regulations,
the more stringent thereof shall be applied.
A treatment works, as defined by Section 212 of the Act,
which is owned in this instance by the Township. For the purposes
of this article, POTW shall also include any sewers that convey wastewaters
to the POTW from persons outside the Township who are, by contract
or agreement with the Township, dischargers to the Township's POTW.
The Administrator of Region II of the United States Environmental
Protection Agency or his/her authorized representative.
An exceedance of an effluent limitation for a discharge point
source set forth in a permit, administrative order, or administrative
consent agreement, including interim enforcement limits, by 20% or
more for a hazardous pollutant, or by 40% or more for a nonhazardous
pollutant, calculated on the basis of the monthly average for a pollutant
for which the effluent limitation is expressed as a monthly average,
or, in the case of an effluent limitation expressed as a daily maximum
and without a monthly average, on the basis of the monthly average
of all maximum daily test results for that pollutant in any month;
in the case of an effluent limitation for a pollutant that is not
measured by mass or concentration, the Superintendent shall prescribe
an equivalent exceedance factor therefor; and for pH, the greatest
violation of a pH effluent range in any one calendar day which deviates
from the midpoint of the range by at least 40% of the midpoint of
the range excluding the excursions specifically excepted by a permit
with the continuous pH monitoring. The Superintendent may utilize,
on a case-by-case basis, a more stringent factor of exceedance to
determine a serious violation if the Superintendent states the specific
reasons therefor, which may include the potential for harm to human
health or the environment. Serious violation shall not include a violation
of a permit limitation for color.
Any industrial user who discharges, into the Township treatment
works, industrial process wastewater where either:
The volume exceeds 25,000 gallons per day;
The amount of BOD, CBOD, COD or suspended solids in the discharge
exceeds the mass equivalent of 25,000 gallons per day of the domestic
waste of the affected POTW;
The discharge makes up 5% or more of the average dry weather
hydraulic or organic capacity of the POTW treatment plant or contributes
5% or more of the daily mass loading of any of the pollutants listed
in Table I and/or in Appendix B, Tables II through VI of the State
NJPDES Regulations, N.J.A.C. 7:14A-1 et seq.; or
The industrial user is subject to Federal Categorical Pretreatment
Standards;
The industrial user is designated as such by the control authority.
Any person who commits a serious violation for the same hazardous
pollutant or the same nonhazardous pollutant, at the same discharge
point source, in any two months of any six-month period, or who exceeds
the monthly average or, in a case of a pollutant for which no monthly
average has been established, the monthly average of the daily maximums
for an effluent limitation for the same pollutant at the same discharge
point source by any amount in any four months of any six-month period,
who exceeds an effluent limitation for pH monitoring, at the same
discharge point in any four months of any consecutive six month period,
or who fails to submit a completed discharge monitoring report in
any two months of any six-month period. The Superintendent may utilize,
on a case-by-case basis, a more stringent frequency or factor of exceedance
to determine a significant noncomplier, if the Superintendent states
the specific reasons therefor, which may include the potential for
harm to human health or the environment.
Any discharge of a non-routine, episodic nature, including
but not limited to an accidental spill or a non-customary batch discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget.
State of New Jersey.
The New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1
et seq.
Any flow occurring during or immediately following any form
of natural precipitation and resulting therefrom.
The Superintendent of the Division of Sewers of the Township
of Wayne or his/her duly appointed deputy, agent or representative.
The total nonfilterable residue, as defined in the Manual
of Methods for Chemical Analysis of Water and Wastes and analyzed
in accordance with an approved test procedure.
The Township of Wayne or the Municipal Council of the Township
of Wayne.
Those pollutants, or combinations of pollutants, including
disease-causing agents, which after discharge and upon exposure, ingestion,
inhalation or assimilation into any organism, either directly or indirectly
by ingestion through food chains, may, on the basis of information
available to the Commissioner, cause death, disease, behavioral abnormalities,
cancer, genetic mutations, physiological malfunctions, including malfunctions
in reproduction, or physical deformation in such organisms or their
offspring. Toxic pollutants shall include but not be limited to those
pollutants designated under Section 307 of the Federal Act or Section
4 of the State Act.
Any device or system, whether public or private, used in
the storage, treatment, recycling or reclamation of municipal or industrial
waste of a liquid nature, including intercepting sewers; outfall sewers;
sewage collection systems; cooling towers and ponds; pumping, power
and other equipment and their appurtenances; extensions, improvements,
remodeling, additions and alterations thereof; elements essential
to provide a reliable recycled supply such as standby treatment units
and clear well facilities; any other works including sites for the
treatment process or for ultimate disposal of residues resulting from
such treatment. Additionally, "treatment works" means any other method
or system for preventing, abating, reducing, storing, treating, separating,
or disposing of pollutants, including stormwater runoff, or industrial
waste in combined or separate stormwater and sanitary sewer systems.
That portion of the treatment works designed to provide treatment
to wastewater.
The liquid- and water-carried wastes from dwellings, commercial
buildings, industrial facilities and institutions, together with any
ground-, surface and stormwater that may be present, whether treated
or untreated, which is discharged into or permitted to enter the Township
treatment works.
B.
Terms not otherwise defined herein shall be as adopted in the latest
edition of Standard Methods for the Examination of Water and Wastewater,
published by the American Public Health Association, the American
Water Works Association and the Water Pollution Control Federation;
the Federal Guidelines for State and Local Pretreatment Programs,
EPA-430/9-76-017a, Volume 1, 1977, or the latest revision thereof;
the Clean Water Act, 33 U.S.C. 1251 et seq.; the New Jersey Water
Pollution Control Act, N.J.S.A. 58:10A-1 et seq.; or Pretreatment
Standards for Sewerage, etc., N.J.S.A. 58:11-49 et seq.
The following abbreviations shall have the designated meanings:
Biochemical oxygen demand.
Carbonaceous biochemical oxygen demand.
Code of Federal Regulations.
Chemical oxygen demand.
Environmental Protection Agency.
Liter.
Milligrams.
Milligrams per liter.
New Jersey Administrative Code.
New Jersey Statutes Annotated.
New Jersey pollutant discharge elimination system.
National pollutant discharge elimination system.
Publicly owned treatment works.
Standard industrial classification.
United States Code.
Total suspended solids.
A.
No person shall discharge, deposit, cause or allow to be discharged
or deposited into the Township treatment works any wastewater which
violates any pretreatment standard or local limit, causes pass through
or interference, which contributes to a violation of any of the parameters
in the Township's NJPDES permit, or which contains any of the following:
(1)
Oil and grease.
(a)
Petroleum-based hydrocarbons. The connection of any device used
to process, dilute, settle, filter or otherwise treat petroleum hydrocarbon-based
products is strictly prohibited.
(b)
Nonpetroleum oil and grease. Wastewater from commercial and/or
industrial facilities containing floatable fats, wax, grease or oil.
(c)
Total nonpetroleum fats, wax, grease or oil concentration of
more than 100 milligrams per liter, whether emulsified or not, or
containing substances which may solidify or become viscous at temperatures
between 32° and 150° F (0° and 65° C) at the point
of discharge into the system. Visual inspection of grease traps and/or
grease retention equipment and tanks must be done quarterly. Should
oil, fats, wax or grease become evident in the collection system,
pretreatment equipment and/or additional grease retention equipment
will be required.
(2)
Explosive and/or flammable mixtures. Liquids, solids or gases which,
by reason of their nature or quantity, are or may be sufficient, either
alone or by interaction with other substances, to cause fire or explosion
or be injurious in any other way to the treatment works or to the
operation of the works including, but not limited to, wastestreams
with a closed cup flash point of less than 140° F or 60° C
using the test methods specified in 40 CFR 261.21. Such materials
include, but are not limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and sulfides.
(3)
Noxious material. Pollutants which, either singly or by interaction
with other wastes, are malodorous, are capable of creating a public
nuisance or hazard to life or health or which result in the presence
of toxic gases, vapors or fumes within the POTW in a quantity that
may cause acute worker health and safety problems.
(4)
The discharge of any improperly shredded garbage is prohibited.
(5)
Radioactive wastes. Prohibited except in conformance with N.J.A.C.
7:28-11.2 (Disposal of Radioactive Materials-Disposal by release into
sanitary sewerage systems).
(6)
Solid or viscous wastes. Solid or viscous wastes which will or may
cause obstruction to the flow in a sewer or otherwise interfere with
the proper operation of the treatment works. Prohibited materials
include, but are not limited to, grease, improperly shredded garbage,
animals guts or tissues, diseased human organs or tissue fluids, paunch
manure, bones, hair, hides or fleshings, entrails, whole blood, feathers,
ashes, cinders, sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains, spent hops,
waste paper, wood, plastic, tar, asphalt residues, residues from refining
or processing of fuel or lubricating oil, and similar substances.
Other specific materials may be prohibited at the discretion of the
Superintendent of the Division of Sewers.
(7)
Excessive discharge. Wastewater at a flow rate that exceeds for any
time period longer than 15 minutes more than five times the average
daily flow rate of the industrial user during normal operation, or
containing such concentrations or quantities of pollutants that, in
the judgment of the Superintendent, would cause a treatment process
upset, interference or loss of treatment efficiency.
(8)
Toxic discharge. Waters or wastes containing objectionable or toxic substances in sufficient quantity, either singly or by interaction with the other pollutants, to result in pass-through, to cause interference with the treatment works plant, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters of the POTW or to exceed standards promulgated by the EPA, pursuant to Section 307(a) of the Act, or the NJDEP, pursuant to Section 4 of the State Act, or the maximum permissible concentrations specified in § 159-51, Table I.
(9)
Stormwater. Discharge of stormwater, including surface and ground
water from sump pumps and cellar drains, into the treatment works
from any source (optional: except existing combined sewers).
(10)
Discolored materials. Wastes with color which would cause the
treatment works to exceed water quality color criteria.
(11)
Substances interfering with sludge management. Any substance
which may cause the POTW's sludge to be unsuitable for reclamation
and reuse or to interfere with the reclamation process where the POTW
is pursuing a reuse and reclamation program. In no case shall a substance
discharged to the POTW cause the POTW to be in noncompliance with
sludge use or disposal criteria, guidelines or regulations affecting
sludge use or disposal developed pursuant to the Solid Waste Disposal
Act, the Clean Air Act, the Toxic Substances Control Act the Air Pollution
Control Act or, to the extent practicable, the New Jersey Guidelines
for the Utilization and Disposal of Municipal and Industrial Sludges
and Septage.
(12)
Corrosive wastes. Any waste which will cause corrosion or deterioration
of the treatment works; all wastes discharged to the treatment works
must not have a pH value lower than 5.0 or greater than 10.0 standard
units, unless the treatment works is specifically designed to accommodate
such discharges; prohibited materials include, but are not limited
to, concentrated acids, alkalies, sulfides, chloride and fluoride
compounds and substances which will react with water to form acidic
or alkaline products which have a pH value that does not fall within
the range stated herein.
(13)
Heat. Heat in amounts which will inhibit biological activity
in the treatment works, resulting in interference or causing damage,
but in no case heat in such quantities that the temperature exceeds
65° C (150° F) at the treatment works and 40° C (104°
F) at the treatment works plant, unless the NJDEP, upon request of
the POTW, approves alternate temperature limits.
B.
A user shall have an affirmative defense in any action brought against it alleging a violation of the prohibitions against pass through or interference or a violation of Subsections A(1), (3), (6), or (13) above where the user can demonstrate that it did not know, or have reason to know that its discharge, alone or in conjunction with other discharges, would cause pass through or interference; and a local limit was designed to prevent pass through or interference for each pollutant in the user's discharge that caused the pass through or interference and the user was in compliance with such limit prior to and during the pass through or interference or, if a local limit has not been developed to prevent pass through or interference, that the user's discharge prior to and during the pass through or interference did not change substantially in nature or constituents from the user's discharge when the POTW was in compliance with its NJPDES permit requirements, and in the case of interference, applicable requirements for sewage sludge use or disposal.
Table I presents the maximum concentrations of certain pollutants
allowable in wastewater discharges to the treatment works by any discharger.
Dilution of any wastewater discharge for the purpose of satisfying
these requirements shall be considered a violation of this article.
Table I
| |
---|---|
Discharge Limitations
| |
Pollutant
|
Daily Limit
|
BOD5
|
300 mg/l
|
COD
|
350 mg/l
|
CBOD
|
300 mg/l
|
TSS
|
350 mg/l
|
Ammonia (NH3)
|
62 mg/l
|
Arsenic (As)
|
0.18 mg/l
|
Cadmium (Cd)
|
1.17 mg/l
|
Chromium (Cr)
|
2.70 mg/l
|
Copper (Cu)
|
4.28 mg/l
|
Lead (Pb)
|
1.54 mg/l
|
Mercury (Hg)
|
0.41 mg/l
|
Nickel (Ni)
|
4.41 mg/l
|
Silver (Ag)
|
2.57 mg/l
|
Zinc (Zn)
|
6.54 mg/l
|
Oil and grease
| |
Nonpetroleum
|
100 mg/l
|
Petroleum
|
100 mg/l
|
pH
|
5.0 to 10.0
|
Notes:
|
---|
Discharge limitations, as indicated in Table I, shall apply
to all wastewater discharges.
|
A.
The federal General Pretreatment Regulations, 40 CFR 403.1 et seq.,
and the federal Categorical Standards, 40 CFR Chapter I, Subchapter
N, are hereby incorporated by reference, including all supplements
and amendments thereto.
B.
Upon the effective date of the federal categorical pretreatment standard
for a particular industrial subcategory, the federal standard, if
more stringent than limitations imposed under this article for sources
in that subcategory, shall immediately supersede the limitations imposed
under this article. Affected industrial users shall comply with such
standards within the stated compliance deadlines. The Superintendent
shall attempt to notify affected industrial users of the applicable
reporting requirements under 40 CFR 403.12, but a failure to notify
does not relieve such industries of the obligation to comply with
such reporting requirements.
Federal categorical pretreatment standards can be modified only
through the federal regulatory mechanism available pursuant to 40
CFR 403.13.
State requirements and limitations on discharges shall apply
in any case where they are more stringent than this article or the
federal requirements and limitations.
The Township reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the treatment works if deemed necessary to comply with purposes and policies presented in § 159-47 of this article.
No industrial user shall ever increase the use of process or
cooling water or in any way otherwise dilute a discharge as a partial
or complete substitute for adequate treatment to achieve compliance
with the limitations contained in the federal categorical pretreatment
standards or in any other pollutant-specific limitation developed
by the Township or state.
If wastewaters containing any prohibited substance, exceeding prescribed limits or violating restrictions imposed by §§ 159-50 through 159-55 of this article are discharged or proposed to be discharged into the treatment works of the Township, the Superintendent may take any of the following actions necessary to protect the treatment works:
A.
Prohibit the discharge of such wastewater.
B.
Require an industrial user to demonstrate that in-plant modifications
will reduce or eliminate the discharge of such substances so as to
be in conformance with this article.
C.
Require pretreatment, including storage facilities, or flow equalization
necessary to ensure complete compliance with this article.
D.
Require the discharger making, causing or allowing the discharge
to pay all the additional cost or expense incurred by the Township
for any damages caused by excess loads imposed on the treatment works.
E.
Take such other remedial action, including discontinuation of services
and/or court action for injunctive relief, as may be deemed to be
desirable or necessary to achieve the purpose of this article.
Dischargers shall provide necessary wastewater pretreatment
as required to comply with this article and shall achieve compliance
with applicable federal categorical pretreatment standards within
the time limitations specified by the federal pretreatment regulations.
Pretreatment facilities, where required, shall be provided for and
operated efficiently by the owner or operator at his/her own costs
and expense and shall be maintained in good working order, subject
to the requirements of this article and all other applicable federal,
state or local statutes, regulations or ordinances.
Where pretreatment or equalization of wastewater flows prior
to discharge into any part of the treatment works is required, plans,
specifications, operating procedures and other pertinent data or information
relating to such pretreatment or flow-control facilities shall first
be submitted by the discharger to the Superintendent for review and
comment. The review of such plans and the issuance of any permit does
not represent a decision or recommendation on the part of the Superintendent
as to the desirability or legality of the construction by permittee
of the facilities, buildings, or other structures of any type, and
does not relieve the permittee of responsibility for compliance with
this article, and any applicable statutes, ordinances, rules or regulations.
Any subsequent modifications to such pretreatment or flow-control
facilities, including changes in any method of operation, which may
affect the discharge shall not be made without due notice to and prior
permission of the Superintendent.
A.
Whenever it shall be necessary for the purpose of this article, the
Superintendent, the Commissioner and/or the Regional Administrator,
or their authorized representative upon the presentation of credentials,
may enter upon the premises of any discharger, at reasonable times,
for the purpose of inspecting and/or copying any records required
to be kept under the provisions of this article.
B.
The Superintendent, the Commissioner, and/or the Regional Administrator,
or their authorized representative, upon the presentation of credentials,
may enter upon the premises of any discharger, at any time, for the
purpose of inspecting any monitoring equipment or method and/or measuring,
sampling, and/or testing any discharge of wastewater to the treatment
works in order to determine compliance with any pretreatment standard
or other prohibition or limitation contained in this article. Each
industrial user discharging into the Township treatment works, other
than a facility discharging only stormwater or non-contact cooling
water, shall be inspected at least once a year. The effluent from
each industrial user shall be sampled at least once a year. An inspection
shall be conducted within six months following the submission of an
application for a permit, permit renewal or issuance of a permit for
a new facility, except that where a scheduled inspection cannot be
made for any reason, the inspection shall be rescheduled to be performed
within 30 days of the originally scheduled inspection date or, in
the case of a temporary shutdown, of resumed operations.
C.
During normal working hours, authorized personnel shall be provided
immediate access to all facilities directly or indirectly connected
to the Township treatment works, and, at such other times as may be
necessary during emergencies. All users shall provide easy access
to the facilities to be inspected and shall promptly remove any permanent
or temporary obstructions upon request.
D.
No person shall interfere with, delay, resist or refuse entrance
to any authorized representative attempting to inspect any facility.
A.
Each industrial user shall provide protection from accidental discharge(s)
of prohibited materials or other substances regulated by this article,
if required by the Superintendent. Facilities to prevent accidental
discharge(s) of prohibited materials shall be provided and maintained
at the owner or industrial user's own expense. Upon request, detailed
plans showing facilities and operating procedures to provide this
protection shall be submitted to the Superintendent for review and
comment prior to construction of the facility. All existing industrial
users, where required, shall complete such a plan within 90 days after
the effective date of this article. No industrial user who commences
contribution to the POTW after the effective date of this article
shall be permitted to introduce pollutants into the system until accidental-discharge-prevention
procedures have been reviewed by the Superintendent. Review of such
plans and operating procedures shall not relieve the industrial user
of the responsibility of modifying his/her facility as necessary to
meet the requirements of this article.
B.
Within one year of being designated a significant industrial user,
the Superintendent shall evaluate whether such industrial user needs
a plan to control slug discharges. If a slug control plan is required,
it shall, at a minimum, contain a description of discharge practices,
a description of stored chemicals, procedures for notification to
the Superintendent and procedures to prevent adverse impacts from
accidental spills.
A.
In the case of an discharge of prohibited materials or other substances
regulated by this article, including any slug loading, or if for any
reason an industrial user does not comply or will be unable to comply
with any prohibition or limitation in this article, the industrial
user responsible for such discharge shall immediately telephone and
notify the POTW of the incident. The notification shall include the
location of discharge, type of waste, concentration and volume. Furthermore,
such industrial user shall take immediate action to contain and minimize
the accidental discharge of the POTW so as to prevent interference
with the treatment process and/or damage to the treatment works.
B.
If sampling by an industrial user indicates an exceedance of any
effluent limitation that causes injury to persons, or damage to the
environment, or poses a threat to human health or the environment,
the industrial user shall notify the Superintendent within two hours
of the recurrence or becoming aware of the occurrence.
C.
If sampling by an industrial user indicates a violation of any permit
condition, the user shall notify the Superintendent within 24 hours
of becoming aware of the violation. The user shall repeat the sampling
and analysis and submit the results of the repeat analysis to the
Superintendent within 30 days of becoming aware of the violation.
Within five working days following a noncomplying discharge,
under this section, the industrial user shall submit to the Superintendent
a detailed written report describing the date, time and cause of the
discharge; the quantity and characteristics of the discharge; corrective
action taken at the time of the discharge; and the measures to be
taken by the industrial user to prevent similar future occurrences.
Such notification shall not relieve the industrial user of any expense,
loss, damage or other liability which may be incurred as a result
of damage to the POTW, fish kills or any other damage to person or
property; nor shall such notification relieve the industrial user
of any fines, civil penalties or other liability which may be imposed
by this article or other applicable law.
All industrial users shall develop an emergency notification
procedure. A notice shall be permanently posted on the industrial
user's bulletin board or other prominent place advising employees
of the responsible individual to notify in the event of an accidental
or noncomplying discharge. This person shall be responsible for initiating
the emergency notification procedures as required above. Employers
shall ensure that all employees who may cause or allow such a discharge
to occur are advised of the emergency notification procedure.
A.
It shall be unlawful for any person to discharge, directly or indirectly,
into the Township treatment works sewage combined with industrial
wastes or other wastes, the characteristics of which classify the
person as a industrial user, except under the issuance of an industrial
user permit therefor by the Township and upon such terms and conditions
as may be established by the Township in the issuance of such a permit.
B.
Existing industrial users who become subject to this article shall
apply for a permit within 60 calendar days.
C.
New industrial users may not connect to the Township treatment works
unless a permit has been obtained. Such users shall apply for the
permit at least 120 calendar days before connecting to such treatment
works.
A.
Industrial users required to obtain a permit shall complete and file
with the Township an application in the form prescribed by the Township.
The applicant must furnish sufficient information as to the quantity,
character and composition of the proposed discharge. Each application,
and any request for a category determination, shall contain the certification
set forth in 40 CFR 403.6(a)(2)(ii).
B.
The Township will evaluate the data furnished by the industrial user
and may require additional information. After evaluation and acceptance
of the data furnished, the Township may issue a draft industrial user
permit, subject to terms and conditions provided herein. The draft
permit shall be issued if the applicant has complied with all applicable
requirements of this article and furnished to the Superintendent all
requested information, and if the Superintendent determines that the
proposed discharge will not interfere with the treatment process,
pass through the treatment process inadequately treated or contaminate
the sludge produced, and that there is adequate capacity in the treatment
works to convey, treat and dispose of the proposed discharge.
C.
The Township shall give notice of the issuance of a draft permit
and the opportunity to comment by publication of the notice in one
or more local newspapers. The comment period shall close no sooner
than 30 days after publication. During the public comment period,
any person may submit comments on the draft permit.
D.
Any person may submit a written request for a public hearing on a
draft permit. The request shall state the significant and relevant
issues to be raised at the hearing and why those issues cannot adequately
be expressed other than at a hearing. The Township shall hold a hearing
if there is a significant degree of public interest or if it determines
that testimony is essential to express all issues or clarify one or
more factual or legal issues on the draft permit.
E.
The Township shall issue a final permit decision after the close
of the public comment period. The Township shall give notice of the
final permit decision to the applicant and to each person who submitted
written comments. The Township shall respond to all comments received
on the draft permit and indicate which provisions, if any, of the
draft permit have been changed in the final permit.
F.
No permit shall be issued so as to relax any effluent limitation
unless the applicant has complied with the requirements of N.J.S.A.
58:10A-6K.
A.
Discharge permit conditions shall be expressly subject to all provisions
of this article and all other rules, regulations, user charges and
fees which are in effect or which may be established by the Township.
B.
The following terms shall be imposed by the Township in the issuance
of the permit as applicable:
(1)
A limitation upon the characteristics and volume of wastes, including
best management practices, and the rate of flow permitted from the
premises.
(2)
The installation, operation and maintenance by the permittee, at
his/her own expense, of facilities or equipment for intermittent or
continuous measurement of sewage, industrial wastes or other wastes
discharged, detention tanks or other facilities or equipment for reducing
the maximum rates of discharge; pretreatment and flow control facilities;
suitable control or sampling manhole or man holes; grease, oil and
sand interceptors, separators or traps.
(3)
The submission to the Township of plans and specifications for any
of the facilities or equipment required to be installed and maintained
by the permittee.
(4)
Maintenance of appropriate records of all measurements made by the
permittee of sewage, industrial wastes or other wastes as specified
by the Township and affording the Township access thereto.
(5)
The submission to the Township of periodic reports setting forth
adequate data upon which the acceptability of the sewage, industrial
wastes or other wastes may be determined, and enhanced reporting in
the event of non-compliant discharges, including monthly reporting
for users who are in serious violation of their permit or are significant
noncompliers; with requirements pertaining to the accuracy of data
and authorized signatures.
(6)
Specifications for monitoring programs which may include sampling
locations, frequency and method of sampling, the process for seeking
a waiver for a pollutant neither present nor expected to be present
in the discharge, number, type and standards for tests and reporting
schedule and resampling in the event of noncompliant sample results.
(7)
Such other terms and conditions as may be necessary to protect the
Township treatment works and to carry out the intent and provisions
of this article.
(8)
Requirements for notification of the Township of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the Township treatment works.
(9)
Payments to cover the added cost of handling and treatment of the
waters or wastes, which payments are not covered by existing sewer
charges.
(10)
Requirements for notification of slug discharges or a discharge
of hazardous wastes.
(11)
Requirements for notification of accidental discharges.
(12)
Payment to cover the cost of permit administration.
(13)
Procedures for the exercise of enforcement authority, including, but not limited to, the assessment of fines and penalties, as set forth in § 159-80 of this article.
(14)
Compliance schedules.
(15)
Duration of the permit and a provision stating that all permits
are nontransferable.
C.
Pollutant discharge limits.
(1)
Pollutant discharge limits in categorical pretreatment standards
will be expressed either as concentration or mass limits. Wherever
possible, where concentration limits are specified in standards, equivalent
mass limits will be provided so that either limit may be used for
enforcement purposes. Limits in categorical pretreatment standards
shall apply to the effluent of the process regulated by the standard
or as otherwise specified by the standard.
(2)
When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the Township
may convert the limits to equivalent limitations expressed as either
mass of pollutant discharged per day or effluent concentration for
purposes of calculating effluent limitations applicable to individual
industrial users.
(3)
To calculate equivalent mass-per-day limitations, the Township shall
multiply the limits in the pretreatment standard by the industrial
user's average rate of production. This average rate of production
shall be based not upon the designed production capacity but rather
upon a reasonable measure of the industrial user's actual long-term
daily production, such as the average daily production during a representative
year. For new sources, actual production shall be estimated using
projected production.
(4)
To calculate equivalent concentration limitations, the Township shall
divide the mass limitations by the average daily flow rate of the
industrial user's regulated process wastewater. This average daily
flow rate shall be based upon a reasonable measure of the industrial
user's actual long-term average flow rate, such as the average daily
flow rate during the representative year.
D.
The Township may convert the mass limits of the categorical pretreatment standards at 40 CFR Parts 414, 419 and 455 to concentration limits for purposes of calculating limits applicable to individual industrial users. When converting such limits to concentration limits, the Township will use the concentrations listed in the applicable subparts of 40 CFR Parts 414, 419 and 455 and document that dilution is not being substituted for pretreatment as prohibited by § 159-56.
E.
When the limits in a categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the Township convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Township. The Township may establish equivalent mass limits only if the industrial user meets all of the following conditions in Subsection E(1)(a) through (e) of this section.
(1)
To be eligible for equivalent mass limits, the industrial user must:
(a)
Employ or demonstrate that it will employ water conservation
methods and technologies that substantially reduce water use during
the term of its permit;
(b)
Currently use control and treatment technologies adequate to
achieve compliance with the applicable categorical pretreatment standard,
and not have used dilution as a substitute for treatment;
(c)
Provide sufficient information to establish the facility's actual
average daily flow rate for all waste streams, based on data from
a continuous effluent flow monitoring device, as well as the facility's
long-term average production rate. Both the actual average daily flow
rate and the long-term average production rate must be representative
of current operating conditions;
(d)
Not have daily flow rates, production levels, or pollutant levels
that vary so significantly that equivalent mass limits are not appropriate
to control the discharge; and
(e)
Have consistently complied with all applicable categorical pretreatment
standards during the period prior to the industrial user's request
for equivalent mass limits.
(2)
An industrial user subject to equivalent mass limits must:
(a)
Maintain and effectively operate control and treatment technologies
adequate to achieve compliance with the equivalent mass limits;
(b)
Continue to record the facility's flow rates through the use
of a continuous effluent flow monitoring device;
(c)
Continue to record the facility's production rates and notify the Township whenever production rates are expected to vary by more than 20% from its baseline production rates determined in Subsection E(1)(c) of this section. Upon notification of a revised production rate, the Township will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
(3)
Where the Township chooses to establish equivalent mass limits, it
will:
(a)
Calculate the equivalent mass limit by multiplying the actual
average daily flow rate of the regulated process(es) of the industrial
user by the concentration-based daily maximum and monthly average
standard for the applicable categorical pretreatment standard and
the appropriate unit conversion factor;
(b)
When notified of a revised production rate, reassess the equivalent
mass limit and recalculate the limit as necessary to reflect changed
conditions at the facility; and
(c)
Retain the same equivalent mass limit in subsequent control mechanism terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to § 159-56. The industrial user must also be in compliance with Section 2.1.8 of the Enforcement Response Plan in Appendix A of Chapter 159 regarding the prohibition of bypass. (Appendix A is on file in the Township offices.)
(4)
The Township may not express limits in terms of mass for pollutants
such as pH, temperature, radiation or other pollutants which cannot
appropriately be expressed as mass.
F.
Equivalent limitations calculated in accordance with §§ 159-67D and 159-67E are deemed pretreatment standards for the purposes of Section 307(d) of the Act and this article. Once incorporated into its permit, the industrial user must comply with the equivalent limitations in lieu of the promulgated categorical standards from which the equivalent limitations were derived.
G.
Many categorical pretreatment standards specify one limit for calculating
maximum daily discharge limitations and a second limit for calculating
maximum monthly average or four-day average limitations. Where such
standards are being applied, the same production or flow figure shall
be used in calculating both the average and the maximum equivalent
limitation.
H.
Any industrial user operating under a permit incorporating equivalent
mass or concentration limits calculated from a production-based standard
shall notify the Township within two business days after the user
has a reasonable basis to know that the production level will significantly
change within the next calendar month. Any user not notifying the
Township of such anticipated change will be required to meet the mass
or concentration limits in its control mechanism that were based on
the original estimate of the long-term average production rate.
A.
Permits shall be issued for a specified time period, not to exceed
five years. A permit may be issued for a period less than a year or
may be stated to expire on a given date.
B.
The permittee shall submit such information, forms and fees as are
required by the Township for renewal no later than 180 days prior
to the date of expiration. If the permittee is not notified by the
Township 30 days prior to the expiration of the permit, the permit
shall be extended until such time as the Township reissues the permit.
Renewal of the permit shall be contingent upon the permittee having
complied with the terms and conditions of the expired permit.
C.
In renewing a permit, the Township shall follow the procedures pertaining to draft permits contained in § 159-66, as applicable.
D.
No permit shall be renewed so as to relax any effluent limitation
unless the permittee has complied with the requirements of N.J.S.A.
58:10A-6k.
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.
A.
The terms and conditions of a permit may be subject to modification
and change by the Township, during the life of the permit, as limitations
or requirements are modified and changed, or as required to ensure
continued compliance with this chapter. Any change or new conditions
in the permit shall include a reasonable time schedule for compliance.
B.
An industrial user proposing to make a significant change in its
discharge volume or quality shall apply for a permit modification
at least 90 days before making changes.
D.
No permit shall be modified so as to relax any effluent limitation
unless the permittee has complied with the requirements of N.J.S.A.
58:10A-6k.
A.
Public hearings shall be conducted in a nonadversarial manner wherein
each person shall have an opportunity to submit statements and data
concerning the draft permit.
B.
The Township may impose reasonable limits upon the time permitted
for oral comments at the hearing and may require the submission of
written statements.
C.
The Township shall extend the public comment period to the close
of any public hearing, or beyond the date of the public hearing, if
so stated at the public hearing.
D.
If a request for a public hearing is granted, it shall be the responsibility
of the applicant or permittee to obtain any required services, including,
but not limited to, a stenographer and/or tape recording. The applicant
or permittee shall provide the Township with two copies of the transcript
at no cost to the Township.
A.
A permittee or a person who seeks to be qualified as a party pursuant to Subsection C below, may submit to the Superintendent a written request, by certified mail, for an adjudicatory hearing to contest the Superintendent's final decision to:
B.
A permittee shall submit requests for an adjudicatory hearing within
30 days following receipt of the Superintendent's notification of
a final decision.
C.
In order to be considered a party to the action for purposes of requesting
an adjudicatory hearing, a person shall submit a request to the Superintendent
within 30 days following receipt of the Superintendent's notification
of a final permit decision. Any such person shall forward a copy of
the hearing request to the permittee.
D.
Any permittee, or person who seeks to be qualified as a party, shall
obtain from the Superintendent a hearing request form which must be
submitted as part of the hearing request. Failure to submit the request
form shall be grounds for denial of the hearing request.
E.
Within 30 days after receipt of the request, the Superintendent shall
determine, or shall refer the determination to an administrative law
judge, whether a person, other than an applicant, is a party to the
action. A person shall be considered a party to the action only if
it raised objections to the Superintendent's decision during the public
hearing and/or in written comments, it demonstrates the existence
of a significant issue of law or fact, it shows that the significant
issue of law or fact is likely to affect the permit decision, it has
an interest which is or may be affected by the permit decision and
it submits a complete hearing request form.
F.
A permittee or an applicant shall be allowed to participate in any
proceeding where a person, other than the permittee or applicant,
is seeking to become a party to the action. All hearing requests arising
out of the same permit action shall be consolidated.
G.
The Superintendent, in his/her discretion, shall decide the extent
to which the request for an adjudicatory hearing shall be granted.
The Superintendent may grant or deny a request for a hearing in whole
or in part.
H.
The Superintendent shall deny a request for an adjudicatory hearing
if the request does not contain the information required on the hearing
request form, the request does not include genuine issues of law or
fact which are relevant to the permit decision, the request was not
timely submitted, the issues were not raised during the public comment
period, the request challenges duly promulgated regulations and/or
the Sewer Code and not the Superintendent's application of the same,
or the permittee or applicant is seeking an adjudicatory hearing to
contest permit effluent limitations based upon N.J.A.C.. 7:14A-12
Appendix C which were included in the permit due to the permittee's
or applicant's specific request to impose those limitations.
I.
The Superintendent shall briefly state the reason for denying a hearing
request in whole or in part.
J.
The Superintendent shall provide public notice that an adjudicatory
hearing has been granted by mailing a copy of the notice to the applicant
or permittee, all comments on the draft permit, all persons who testified
at the public hearing and all persons who requested an adjudicatory
hearing or who requested to be considered a party to the action.
K.
All adjudicatory hearings shall be conducted by the Office of Administrative
Law and shall be governed by the New Jersey uniform Administrative
Procedure Rules.
L.
The Superintendent's grant of a request for an adjudicatory hearing
shall not automatically stay any permit condition. A permittee shall
submit a written request for a stay to the Superintendent, by certified
mail, within 30 days of receipt of the Superintendent's notification
of a final decision. The permittee shall submit documentation concerning
the permittee's ability to comply with the permit condition by implementing
low cost short-term modifications to its facility, the cost to comply
with the permit conditions, and the environmental impacts, if any,
that granting a stay will have. The Superintendent may grant, or deny
a stay request, in whole or in part, and impose conditions upon a
stay, including interim effluent limitations.
A.
All industrial users subject to federal categorical pretreatment
standards and all other significant industrial users shall, at a minimum,
comply with the reporting requirements contained in 40 CFR 403.12
and N.J.S.A. 58:10A-6f(5), including but not limited to baseline monitoring
reports, pretreatment deadline compliance reports and periodic compliance
reports. Each report shall be certified by an authorized representative
of the industrial user in accordance with 40 CFR 403.6(a)(2)(ii) and
N.J.S.A. 58:10A-6f(5).
B.
Specific reporting requirements.
(1)
Baseline monitoring reports.
(a)
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in Subsection B(1)(b) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Superintendent a report which contains the information listed in Subsection B(1)(b) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(b)
Users described above shall submit the following information
set forth below.
[1]
Identifying information: the name and address of the facility,
including the name of the operator and owner.
[2]
Environmental permits: a list of any environmental control permits
held by or for the facility.
[3]
Description of operations: a brief description of the nature,
average rate of production, and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
[4]
Flow measurement: information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined wastestream formula set out in 40 CFR 403.6(e).
[5]
Measurement of pollutants:
[a]
The categorical pretreatment standards applicable
to each regulated process.
[b]
The results of sampling and analysis identifying
the nature and concentration and/or mass, where required by standard
or by the Superintendent, or regulated pollutants in the discharge
from each regulated process. Instantaneous, daily maximum, and long-term
average concentrations of mass, where required, shall be reported.
The sample shall be representative of daily operations. In cases where
the standard requires compliance with a best management practice or
pollution prevention alternative, the industrial user shall submit
documentation as required by the Superintendent or the applicable
standard to determine compliance with the standard.
[c]
Sampling must be performed in accordance with procedures
approved by the Superintendent.
[6]
Certification: A statement reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
[7]
Compliance schedule: If additional pretreatment and/or O&M
will be required to meet the pretreatment standards, the shortest
schedule by which the user will provide such additional pretreatment
and/or O&M. The completion date in this schedule shall not be
later than the compliance date established for the applicable pretreatment
standard.
[8]
Signature and certification: All baseline monitoring reports
must be signed and certified by an authorized representative of the
industrial user.
(2)
Reports on compliance with categorical pretreatment standard deadline.
(a)
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in § 159-72B(1)(b)[4], [5] and [6] of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6c, this report shall contain a reasonable measure of the user's long-term production rate.
(b)
For all other users subject to categorical pretreatment standards
expressed in terms of allowable pollutant discharge per unit of production
(or other measure of operation), this report shall include the user's
actual production during the appropriate sampling period. All compliance
reports must be signed and certified by an authorized representative
of the industrial user.
(3)
All significant categorical industrial users shall, twice per year
(in June and December), submit a report indicating the nature and
concentration of pollutants in the discharge which are limited by
pretreatment standards and the measured or estimated average and maximum
daily flows for the reporting period. In cases where the standard
requires compliance with a best management practice (or pollution
prevention alternative), the industrial user shall submit documentation
required by the Superintendent or the standard necessary to determine
the compliance status of the user. All periodic compliance reports
must be signed and certified by an authorized representative of the
industrial user.
(4)
Discharge monitoring reports.
(a)
All significant industrial users shall report results of monthly
discharge compliance monitoring. Results of those parameters required
to be monitored during the particular month are to be reported on
the designated discharge monitoring report forms and submitted on
a monthly basis. The required monitoring parameters and reporting
frequencies are also specified in each industrial users discharge
permit. All DMR reports shall be signed by an authorized representative
if that representative is the highest ranking official having day-to-day
managerial and operational responsibilities for the discharging facility,
who may, in his/her absence, authorize another responsible high ranking
official to sign a monthly monitoring report if a report is required
to be filed during that period of time. The highest ranking official
shall, however, be liable in all instance for the accuracy of all
the information provided in the monitoring report; provided, however,
that the highest ranking official may file, within seven days of his/her
return, amendments to the monitoring report to which he/she was not
a signatory. The filing of amendments to a monitoring report in accordance
with this subsection shall not be considered a late filing of a report.
(b)
All wastewater samples must be representative of all user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean, and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
(c)
If a user subject to the reporting requirement in this section
monitors any pollutant more frequently than required by the Superintendent,
the results of this monitoring shall be included in the report.
(5)
Compliance schedule progress reports. All compliance schedules which
may be required by the Superintendent of any permittee shall comply
with the following conditions:
(a)
The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(b)
No increment referred to above shall exceed nine months;
(c)
The user shall submit a progress report to the Superintendent
no later than 14 days following each date in the schedule and the
final date of compliance, including, as a minimum, whether or not
it complied with the increment of progress, the reason for any delay,
and, if appropriate, the steps being taken by the user to return to
the established schedule; and
(d)
In no event shall more than nine months elapse between such
progress reports to the Superintendent.
C.
A permittee shall notify the Superintendent, as well as the Environmental
Protection Agency and the Department of Environmental Protection,
in writing, of any discharge into the POTW of any substance which,
if otherwise disposed of, would be hazardous waste under 40 CFR Part
261. Such notification shall conform to the requirements of 40 CFR
Part 403.12(p).
D.
All industrial users shall, in addition, comply with all applicable
state pretreatment reporting requirements.
E.
The Township may authorize an industrial user subject to a categorical
pretreatment standard to forego sampling of a pollutant regulated
by a categorical pretreatment standard if the industrial user has
demonstrated through sampling and other technical factors that the
pollutant is neither present nor expected to be present in the discharge,
or is present only at background levels from intake water and without
any increase in the pollutant due to activities of the industrial
user. This authorization is subject to the following conditions:
(1)
The Township may authorize a waiver where a pollutant is determined
to be present solely due to sanitary wastewater discharged from the
facility, provided that the sanitary wastewater is not regulated by
an applicable categorical standard and otherwise includes no process
wastewater.
(2)
The monitoring waiver is valid only for the duration of the effective
period of the permit, but in no case longer than five years. The user
must submit a new request for the waiver before the waiver can be
granted for each subsequent control mechanism.
(3)
In making a demonstration that a pollutant is not present, the industrial
user must provide data from at least one sampling of the facility's
process wastewater prior to any treatment present at the facility
that is representative of all wastewater from all processes.
The request for a monitoring waiver must be signed in accordance with Section 159-72B(1)(b)[8] and include the certification statement in 40 CFR 403.6(a)(2)(ii). Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(4)
Any grant of the monitoring waiver by the Township must be included
as a condition in the user's control mechanism. The reasons supporting
the waiver and any information submitted by the user in its request
for a waiver will be maintained by the Township for five years after
expiration of the waiver.
(5)
Upon approval of the monitoring waiver and revision of the user's
control mechanism by the Township, the industrial user must certify
on each report, with the statement below, that there has been no increase
in the pollutant in its wastestream due to activities of the industrial
user:
"Based on my inquiry of the person or persons directly responsible
for managing compliance with the pretreatment standard of 40 CFR_____(specify
applicable National pretreatment standard Parts), I certify that,
to the best of my knowledge and belief, that there has been no increase
in the level of _____(list pollutant) in the wastewaters due to the
activities at the facility since the filing of the last periodic report
under 40 CFR 403.12(e)(1) and § 159-72B(3)."
(6)
In the event that a waived pollutant is found to be present or is
expected to be present based on the changes that occur in the user's
operations, the user must immediately comply with the monitoring requirements
of 40 CRF 403.12(e)(1) or other more frequent monitoring requirements
imposed by the Township and notify the Township.
(7)
This provision does not supersede certification processes and requirements
established in categorical pretreatment standards, except as otherwise
specified in the categorical pretreatment standard.
F.
Significant noncategorical industrial users must submit to the Superintendent
at least once every six months (on dates specified by the Superintendent)
a description of the nature, concentration, and flow of the pollutants
required to be reported by the Superintendent. In cases where a local
limit requires compliance with a best management practice or pollution
prevention alternative, the user must submit documentation required
by the Superintendent to determine the compliance status of the user.
These reports must be based on sampling and analysis performed in
the period covered by the report.
G.
A facility determined to be a nonsignificant categorical industrial user as defined in § 159-48 must annually submit the following certification statement, signed in accordance with the signatory requirements in 403.12(1). This certification must accompany any alternative report required by the Township.
"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR _____, I hereby certify, to the best of my knowledge and belief that during the period from _____to ______(month, day, year), (a) The facility described as ______(facility name) met the definition of a nonsignificant categorical industrial user as described in 403.3(v)(2) and § 159-48; (b) the facility complied with all applicable pretreatment standards and the requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information:___________________________________."
A.
All industrial users who discharge or propose to discharge wastewaters
to the treatment works shall maintain such records of production and
related factors, effluent flows, sample analysis and analytical techniques
and pollutant amounts or concentrations and documentation associated
with best management practices as are necessary to demonstrate compliance
with the requirements of this article and any applicable state or
federal pretreatment standards or requirements.
B.
Such records shall be made available upon request by the Superintendent.
All such records relating to compliance with pretreatment standards
shall be made available to officials of the NJDEP and the EPA upon
demand. A summary of such data indicating the industrial user's compliance
with this article shall be prepared when requested and submitted to
the Superintendent. All records shall be retained for a minimum of
five years.
C.
The owner or operator of any facility discharging industrial wastes
into the treatment works shall install, at his/her own expense, suitable
monitoring equipment to facilitate the accurate observation, sampling
and measurement of wastes. Such equipment shall be maintained in proper
working order and kept safe, secure from unauthorized entry or tampering
and accessible to authorized personnel at all times. This subsection
does not preclude the authority from installing such equipment at
its own expense.
D.
When more than one industrial user can discharge into a common sewer,
the Superintendent may require installation of separate monitoring
equipment for each industrial user. When there is a significant difference
in wastewater constituents and characteristics produced by different
operations of a single industrial user, the Superintendent may require
that separate facilities be installed for each discharge.
E.
Whether constructed on public or private property, the monitoring
facilities shall be constructed in accordance with Township requirements
and all applicable construction standards and specifications. Plans
and specifications for all such work will be submitted to the Superintendent
for approval prior to construction.
F.
A permittee shall notify the Superintendent as soon as possible,
but in no case later than 2 hours from becoming aware that any sampling,
monitoring, recording or other device required by this chapter becomes
inoperable. The permittee shall submit a written report to the Superintendent
within 5 working days of the occurrence detailing what occurred and
why, what will be done to correct the problem and a date when the
problem will be corrected.
A.
Representative sampling point. All industrial users proposing to
connect to or continue to discharge into any part of the treatment
works must make available, upon request of the Superintendent, a sampling
point which is representative of the discharge and is acceptable to
and approved by the Superintendent. This point must be available to
the POTW, the NJDEP or EPA for purposes of conducting sampling inspections,
compliance monitoring and/or metering operations.
B.
Compliance determination. Compliance determination by the Superintendent, the Commissioner and/or the Regional Administrator, with respect to §§ 159-50 through 159-55, prohibitions and limitations, shall be made on the basis of either instantaneous grab samples, sequential samples or composite samples, as appropriate. Sequential or composite samples may be taken over a twenty-four-hour period or any other specific time span, as deemed appropriate by the Superintendent, the NJDEP or the EPA to meet the requirements of a specific situation.
Grab samples must be used for pH, cyanide, total phenols, oil
and grease, sulfide, and volatile organic compounds. For all other
pollutants, twenty-four-hour composite samples must be obtained through
flow-proportional composite sampling techniques, unless time-proportional
composite sampling or grab sampling is authorized by the Superintendent.
Where time-proportional composite sampling or grab sampling is authorized
by the Superintendent, the samples must be representative of the discharge,
and the decision to allow the alternative sampling must be documented
in the file for that facility or facilities.
Multiple grab samples collected during a twenty-four-hour period
may be composited prior to analysis as follows: For cyanide, total
phenols and sulfides, the samples may be composited in the laboratory
or in the field; for volatile organics and oil and grease, the samples
may be composited in the laboratory. Composite samples for other parameters
unaffected by the compositing procedures as documented in approved
EPA methodologies may be authorized by the Superintendent, as appropriate.
The Superintendent shall require the number of grab samples
necessary to assess and assure compliance with the applicable pretreatment
standards and requirements. For sampling required in support of baseline
monitoring and ninety-day compliance reports, a minimum of four grab
samples must be used for pH, cyanide, total phenols, oil and grease,
sulfide and volatile organic compounds for facilities for which historical
sampling data does not exist; for facilities for which historical
sampling data are available, the Superintendent may authorize a lower
minimum.
A.
The discharge of hazardous wastes (as defined in Section 1004 of
the Resource Conservation and Recovery Act) into the POTW by truck,
rail or dedicated pipeline is strictly prohibited. Only domestic strength
wastewater from residential or commercial facilities located within
the Township of Wayne will be accepted by the POTW at discharge points
and at hours designated by the Superintendent of Pollution Control.
No industrial processed waste will be permitted.
B.
Any person engaged in the hauling of such domestic strength wastewater shall apply for a permit on forms provided by the pretreatment program office of the Wayne Township Sewer Department. Permits will be granted for wastewater from a single source only. No septage will be accepted. Permitted haulers shall be responsible for complying with all the terms and conditions contained in the permit, in addition to the provisions of Article VI herein. Any person discharging to the POTW, or at any point within the system without a permit, will be subject to the penalties provided for in § 159-80 of this chapter.
C.
Wastewater discharge limitations shall be as required by §§ 159-50 and 159-51 of this article. All wastewater haulers must provide a waste-tracking form for every load. The form shall include, at a minimum, the name and address of the hauler, permit number, truck identification, name and address of the source of the waste, volume and characteristics of the wastewater. The form shall identify the type of waste and the known or suspected waste constituents and certify that none are RCRA hazardous wastes. Samples of wastewater contained in each truckload shall be taken by the staff at the Mountain View Treatment Plant before the load is discharged. Samples will be analyzed by an NJDEP certified laboratory. The permittee will bear the cost of such analysis. The results of the analysis will be forwarded to the POTW, with copies to the permittee. Frequency of analysis will be determined by the Superintendent of Pollution Control. The POTW will take unannounced samples from the trucks as deemed necessary by the Superintendent.
A.
Information and data on an industrial user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public without restriction
unless the industrial user specifically requests and is able to demonstrate
to the satisfaction of the Township that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets or due to reasons of business confidentiality,
as that term is defined and applied in 40 CFR 2. Wastewater constituents
and characteristics (i.e., effluent data) will not be recognized as
confidential information. For the purposes of this section, effluent
data shall have the meaning set forth at 40 CFR 2.302(a)(2).
B.
When information accepted by the Township as confidential is requested
by the EPA and/or the NJDEP for uses related to this article, the
New Jersey Pollutant Discharge Elimination System (NJPDES) and/or
the state or federal pretreatment programs, the Township shall serve
the person who furnished the information in question with written
notice by certified mail, return receipt requested, at least 10 working
days in advance of the disclosure of its intent to disclose the information.
The Township shall submit the claim of confidentiality to the EPA
or NJDEP with the information.
C.
Nonconfidential files on users and the pretreatment program are open
to the public for inspection at the Township's office during normal
business hours. Subject to the availability of a copy machine, there
will be a charge for copies at the rate determined by the Township.
Requests for such review are to be made in writing, and appointments
will be required.
A.
Whenever the Superintendent finds that any person has violated or
is violating this article or limitations or requirements contained
herein, he/she may serve upon such person a written notice stating
the nature of the violation and providing a reasonable time, not to
exceed 30 days, for the satisfactory correction thereof. If, with
good cause, the user cannot achieve compliance within 30 days, then
the user shall submit a response as to why it cannot so comply and,
if necessary, shall submit, within said 30 days, an application for
issuance or revision of a nondomestic wastewater discharge permit
or other approval as may have been granted.
A.
The Township may suspend the wastewater service and/or the nondomestic
wastewater discharge permit when such suspension is necessary, in
the opinion of the Township, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the environment,
causes interference to the POTW or causes the Township to violate
any condition of its NJPDES permit.
B.
Any discharger who violates the following conditions of this article
or applicable state statutes and/or regulations is subject to having
its permit suspended:
(1)
Failure of an industrial user to accurately report the wastewater
constituents and characteristics of his/her discharge;
(2)
Failure of the industrial user to report significant changes in operations,
or wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the discharger's premises for the
purpose of inspection or monitoring; or
(4)
Significant violation of the provisions of this article or the discharger's
permit.
C.
Any person notified of a suspension of the wastewater treatment service
and/or the nondomestic wastewater discharge permit shall immediately
stop its discharge or eliminate the offending condition. In the event
of a failure of the person to comply voluntarily with the suspension
order, the Township shall take such steps as are deemed necessary,
including immediate severance of the sewer connection, to prevent
or minimize damage to the POTW system or endangerment to any individuals.
The Township shall reinstate the nondomestic wastewater discharge
permit and/or the wastewater treatment service upon proof of the elimination
of the noncomplying discharge. A detailed written statement submitted
by the discharger describing the causes of the harmful contribution
and the measures taken to prevent any future occurrence shall be submitted
to the Township within 15 days of the date of occurrence.
D.
As established in the Enforcement Response Plan, the Superintendent
may enter into consent orders, assurances of voluntary compliance
or other similar documents establishing an agreement with any uses
responsible for noncompliance. Such documents will include specific
action to be taken by the user to correct the noncompliance within
a time period specified by the document.
A.
Any permittee who violates any condition of its permit or this article
or applicable state and federal regulations is subject to having its
permit terminated. If a violation is not corrected by timely compliance,
the Superintendent may order any person who causes or allows such
a violation to show cause before the Township why service should not
be terminated. A notice shall be served on the offending party, specifying
the time and place of a hearing to be held by the Township, regarding
the violation, and directing the offending party to show cause before
the Township why an order should not be made directing the termination
of service. The notice of the hearing shall be served personally or
by registered or certified mail, return receipt requested, at least
10 calendar days before the hearing. Service may be made on any agent
or officer of a corporation.
B.
Any permittee who is subject to an order of suspension or termination
may also request a hearing, as provided for in this section, by filing
a request for a hearing with the Superintendent, via certified mail,
return receipt requested, no more than 10 calendar days after receipt
of the notice or suspension. Such a request shall not stay the order
for suspension or termination.
C.
The Township may itself conduct the hearing and take the evidence
or may designate any of its members or any officer or employee to:
(1)
Issue, in the name of the Township, notices of hearings, requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in any such hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Township
for action thereon.
D.
At any hearing, testimony taken before the hearing authority or any
person designated by it must be under oath and recorded stenographically.
The transcript, or any part thereof, so recorded will be made available
to any member of the public upon payment of the cost of preparing
the same. The Township, however, may, pursuant to law, order that
certain portions of the hearing be held in private session. The transcript
of any hearing held in private session will not be made available
to members of the public, except as provided by law.
E.
After the Township has reviewed the evidence, it may issue an order
to the party responsible for the discharge directing that, following
a specified time period, the sewer service be discontinued unless
adequate pretreatment facilities, devices or other related appurtenances
are properly operated; and such further orders and directives as necessary
and appropriate.
The Industrial Pretreatment Program Enforcement Response Plan which is contained in Appendix A of Chapter 159, incorporated herein by reference and made a part hereof in its entirety, is hereby adopted by the Township. The purpose of the Enforcement Response Plan is to establish procedures and guidelines summarizing how the Township will investigate and respond to instances of industrial user noncompliance. The Enforcement Response Plan and Enforcement Response Summary contained therein are to be used to implement prompt and efficient response to industrial user noncompliance and are not intended to restrict the Township's ability to apply other enforcement responses available by law when warranted by the facts and circumstances of any particular case.
Any person who knowingly makes any false or inaccurate statements,
representations or certifications in any application, record, report,
plan or other documents filed or required to be maintained pursuant
to this article or a nondomestic wastewater discharge permit or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required to be maintained pursuant to this article
shall be in violation of this article and N.J.A.C. 7:14-8.6.
The Township shall annually publish, pursuant to 40 CFR 403.8(f)(2)(viii),
in the Township official newspaper, a list of the industrial users
which, during the previous 12 months, were in significant noncompliance,
as defined in 40 CFR 4033.8(f)(2)(vii) with applicable categorical
pretreatment standards or other pretreatment requirements. The notification
shall also summarize any enforcement actions taken against such industrial
user(s) during the same 12 months. An industrial user will be deemed
in significant noncompliance if its violation meets one or more of
the following requirements:
A.
Chronic violations of wastewater limits;
B.
Technical review criteria violations;
C.
Any other violation of a pretreatment limit (daily maximum, long-term
average, instantaneous limit or narrative standard) that has caused
or contributed alone or in combination with other discharges, to either
interference or pass through;
D.
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or the environment or resulted in the Superintendent's exercise of his/her emergency authority under § 159-77;
E.
Failure to meet a compliance schedule milestone within 90 days of
the compliance schedule date;
F.
Failure to provide required reports within 30 days after the due
date;
G.
Failure to accurately report noncompliance; and
H.
Any other violation, which may include a violation of best management
practices which the Superintendent determines will adversely affect
the operation or implementation of the local pretreatment program.
It is the purpose of this section to establish fees for discharges
to the Township's wastewater disposal system for activities not included
in the Township's annual operating budget. The applicable charges
or fees shall be set forth in the Township's Schedule of Charges and
Fees.
A.
The Township may adopt reasonable charges and fees which may include:
(1)
Fees for reviewing accidental discharge procedures and construction.
(2)
Fees for permit applications.
(3)
Fees for consistent removal by the POTW of pollutants otherwise subject
to federal pretreatment standards.
(4)
Fees for filing appeals.
(5)
Fees for the discharge of domestic strength wastewater to the POTW by truck, rail or dedicated pipeline as provided in Chapter 75, Fees. These fees relate solely to the permit for discharge and are separate from costs for treatment and all other fees chargeable by the Township.
(6)
Other fees as the Township may deem necessary to carry out the requirements
contained herein.
B.
These fees relate solely to the matters covered by this article and
are separate from all other fees chargeable by the Township.