Township of Wayne, NJ Industrial Pretreatment

Prevent the introduction of pollutants into the POTW which will interfere with the operation of the system or contaminate the resulting sludge.

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.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

Improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

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.)

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.

§ 159-48 Definitions and word usage.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:

ACT OR THE ACT

The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

APPROVAL AUTHORITY

The Director of the NJDEP's Division of Water Quality or his/her authorized representatives.

APPROVED TEST PROCEDURE

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.

BEST MANAGEMENT PRACTICES OR BMPS

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.

BIOCHEMICAL OXYGEN DEMAND (BOD)

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.

CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD)

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.

CHEMICAL OXYGEN DEMAND (COD)

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.

COMMISSIONER

The Commissioner of the New Jersey Department of Environmental Protection or his/her authorized representatives.

COMPATIBLE POLLUTANT

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.

COMPOSITE SAMPLE

A sample consisting of several effluent portions collected during a specific time period and combined to make a representative sample.

CONSISTENT REMOVAL

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.

CONTROL AUTHORITY

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.

COOLING WATER

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.

DISCHARGE

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.

DOMESTIC WASTEWATER

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.

EPA

The United States Environmental Protection Agency.

FEDERAL CATEGORICAL PRETREATMENT STANDARDS

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.

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking, dispensing, handling, storage and/or sale of food.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis, without regard to flow or time.

GRACE PERIOD

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.

HAZARDOUS POLLUTANT

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).

HOLDING TANK WASTE

Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

INCOMPATIBLE POLLUTANT

Any pollutant which is not a "compatible pollutant" as defined in this section.

INDUSTRIAL PROCESS WASTEWATER

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:

Division A. Agriculture, forestry and fishing.

Division B. Mining.

Division D. Manufacturing.

Division E. Transportation, communications, electric, gas and sanitary services.

(e)

Division I. Services.

NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES)

Wastewaters from restaurants (SIC #5812) and gasoline service stations (SIC #5541) shall also be considered as industrial process wastewater.

INDUSTRIAL USER

Any person who discharges, causes or permits the discharge of nondomestic wastewater into the treatment works.

INTERFERENCE

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.

NEW SOURCE

Shall have the same meaning as set forth in 40 CFR § 403.3(K).

NJDEP

The New Jersey Department of Environmental Protection.

NONSIGNIFICANT CATEGORICAL INDUSTRIAL USER

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.

PASS THROUGH

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).

PERMIT

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.

PERSON

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.

POLLUTANT

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.

PRETREATMENT

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.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user.

PRETREATMENT STANDARDS

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.

PUBLICLY OWNED TREATMENT WORKS (POTW)

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.

REGIONAL ADMINISTRATOR

The Administrator of Region II of the United States Environmental Protection Agency or his/her authorized representative.

SERIOUS VIOLATION

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.

SIGNIFICANT INDUSTRIAL USER

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;

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

The industrial user is designated as such by the control authority.

SIGNIFICANT NONCOMPLIER

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.

SLUG DISCHARGE

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

State of New Jersey.

STATE ACT

The New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.

STORMWATER

Any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.

SUPERINTENDENT

The Superintendent of the Division of Sewers of the Township of Wayne or his/her duly appointed deputy, agent or representative.

SUSPENDED SOLIDS

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.

TOWNSHIP

The Township of Wayne or the Municipal Council of the Township of Wayne.

TOXIC POLLUTANT

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.

TREATMENT WORKS

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.

TREATMENT WORKS PLANT

That portion of the treatment works designed to provide treatment to wastewater.

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.

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.

§ 159-49 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD

Biochemical oxygen demand.

CBOD

Carbonaceous biochemical oxygen demand.

CFR

Code of Federal Regulations.

COD

Chemical oxygen demand.

EPA

Environmental Protection Agency.

Liter.

Milligrams.

MG/L

Milligrams per liter.

N.J.A.C.

New Jersey Administrative Code.

N.J.S.A.

New Jersey Statutes Annotated.

NJPDES

New Jersey pollutant discharge elimination system.

NPDES

National pollutant discharge elimination system.

POTW

Publicly owned treatment works.

SIC

Standard industrial classification.

USC

United States Code.

TSS

Total suspended solids.

§ 159-50 Prohibitions on wastewater discharges.

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:

Oil and grease.

Petroleum-based hydrocarbons. The connection of any device used to process, dilute, settle, filter or otherwise treat petroleum hydrocarbon-based products is strictly prohibited.

Nonpetroleum oil and grease. Wastewater from commercial and/or industrial facilities containing floatable fats, wax, grease or oil.

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.

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.

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.

The discharge of any improperly shredded garbage is prohibited.

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).

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.

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.

The Township may develop best management practices (BMPs) to implement the local limits noted in §§ 159-50 and 159-51. Such BMPs shall be considered local limits and pretreatment standards for the purposes of this article and Section 307(d) of the Act.

§ 159-51 Limitations on wastewater discharges.

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.

§ 159-52 Compliance with federal standards required.

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.

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.

§ 159-53 Modification of federal standards.

Federal categorical pretreatment standards can be modified only through the federal regulatory mechanism available pursuant to 40 CFR 403.13.

§ 159-54 Effect of state requirements.

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.

§ 159-55 Right of Township to amend requirements.

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.

§ 159-56 Dilution of discharge as substitute for treatment prohibited.

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.

§ 159-57 Regulatory actions.

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:

Prohibit the discharge of such wastewater.

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.

Require pretreatment, including storage facilities, or flow equalization necessary to ensure complete compliance with this article.

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.

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.

§ 159-58 Discharger responsible for pretreatment.

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.

§ 159-59 Submission of plans.

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.

§ 159-60 Right of entry.

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.

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.

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.

No person shall interfere with, delay, resist or refuse entrance to any authorized representative attempting to inspect any facility.

§ 159-61 Discharges; prevention procedures.

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.

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.

§ 159-62 Telephone notification of noncompliant discharge.

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.

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.

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.

§ 159-63 Written notification of noncompliant discharge.

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.

§ 159-64 Employee notification procedure.

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.

§ 159-65 Discharge permits.

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.

Existing industrial users who become subject to this article shall apply for a permit within 60 calendar days.

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.

§ 159-66 Application for permit.

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).

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.

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.

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.

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.

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.

§ 159-67 Conditions and terms of permit.

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.

The following terms shall be imposed by the Township in the issuance of the permit as applicable:

A limitation upon the characteristics and volume of wastes, including best management practices, and the rate of flow permitted from the premises.

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.

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.

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.

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.

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.

Pollutant discharge limits.

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.

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.

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.

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.

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.

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.

To be eligible for equivalent mass limits, the industrial user must:

Employ or demonstrate that it will employ water conservation methods and technologies that substantially reduce water use during the term of its permit;

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;

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;

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.

An industrial user subject to equivalent mass limits must:

Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;

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

Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to Subsection E(1)(a) of this section so long as it discharges under an equivalent mass limit.

Where the Township chooses to establish equivalent mass limits, it will:

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;

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

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.)

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.

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.

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.

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.

§ 159-68 Duration of permit and renewal.

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.

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.

In renewing a permit, the Township shall follow the procedures pertaining to draft permits contained in § 159-66, as applicable.

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.

§ 159-69 Nontransferability.

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.

§ 159-70 Modification of permit.

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.

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.

In modifying a permit, the Township shall follow the procedures pertaining to draft permits contained in § 159-66, and public hearings, as contained in § 159-71, as applicable.

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.

§ 159-71 Public hearings.

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.

The Township may impose reasonable limits upon the time permitted for oral comments at the hearing and may require the submission of written statements.

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.

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.

§ 159-71.1 Appeal of permit conditions.

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:

Issue a new permit, permit modification, permit revocation and reissuance, permit renewal, permit suspension, or permit revocation; or

Deny an application for a new permit or a permit renewal.

A permittee shall submit requests for an adjudicatory hearing within 30 days following receipt of the Superintendent's notification of a final decision.

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.

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.

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.

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.

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.

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.

The Superintendent shall briefly state the reason for denying a hearing request in whole or in part.

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.

All adjudicatory hearings shall be conducted by the Office of Administrative Law and shall be governed by the New Jersey uniform Administrative Procedure Rules.

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.

§ 159-72 Reporting requirements for industrial users.

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).

Specific reporting requirements.

Baseline monitoring reports.

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.

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.

Reports on compliance with categorical pretreatment standard deadline.

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.

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.

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.

Discharge monitoring reports.

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.

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.

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.

Compliance schedule progress reports. All compliance schedules which may be required by the Superintendent of any permittee shall comply with the following conditions:

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);

No increment referred to above shall exceed nine months;

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

In no event shall more than nine months elapse between such progress reports to the Superintendent.

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).

All industrial users shall, in addition, comply with all applicable state pretreatment reporting requirements.

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:

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.

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.

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.

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.

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)."

§ 159-74.1 Discharge of hazardous wastes by truck, rail or pipeline to POTW prohibited; requirements for hauling wastewater.

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.

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.

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:___________________________________."

§ 159-73 Records to be kept; monitoring.

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.

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.

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.

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.

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.

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.

§ 159-74 Sampling point; analysis.

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.

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.

Analysis of industrial wastewaters. Laboratory analyses of industrial wastewater samples shall be performed in accordance with an approved test procedure as defined in § 159-48 and shall be performed by a laboratory certified to do the analyses by the NJDEP.

Sampling frequency. Sampling of industrial wastewater for the purpose of compliance determinations with respect to §§ 159-50 through 159-55, prohibitions and limitations, will be done at such intervals as the Superintendent, the Commissioner and/or the EPA Regional Administrator may designate.

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.

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.

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.

The POTW may, at its discretion, refuse to accept any wastewater until laboratory analysis of samples has been completed and reviewed and the strength of the waste proven to be within the limits provided by §§ 159-50 and 159-51 of this article.

§ 159-75 Public access; confidential information.

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).

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.

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.

§ 159-76 Notice of violation.

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.

§ 159-77 Suspension of service.

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.

Any discharger who violates the following conditions of this article or applicable state statutes and/or regulations is subject to having its permit suspended:

Failure of an industrial user to accurately report the wastewater constituents and characteristics of his/her discharge;

Failure of the industrial user to report significant changes in operations, or wastewater constituents and characteristics;

Refusal of reasonable access to the discharger's premises for the purpose of inspection or monitoring; or

Significant violation of the provisions of this article or the discharger's permit.

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.

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.

§ 159-78 Termination of permits and hearings.

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.

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.

The Township may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee to:

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.

Take the evidence.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Township for action thereon.

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.

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.

§ 159-79 (Reserved)

§ 159-80 Violations and penalties.

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.

§ 159-81 Falsification of information.

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.

§ 159-82 Annual publication of violators.

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:

Chronic violations of wastewater limits;

Technical review criteria violations;

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;

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;

Failure to meet a compliance schedule milestone within 90 days of the compliance schedule date;

Failure to provide required reports within 30 days after the due date;

Failure to accurately report noncompliance; and

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.

§ 159-83 Purpose for establishing fees.

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.

§ 159-84 Charges and fees.

The Township may adopt reasonable charges and fees which may include:

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications.

Fees for consistent removal by the POTW of pollutants otherwise subject to federal pretreatment standards.

Fees for filing appeals.

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.