[1980 Code § 170-61]
As used in this article, the following terms shall have the
meanings indicated:
Shall mean the municipalities of the City of East Orange,
the Township of Hillside, the Town of Irvington, the Township of Maplewood,
the Township of Millburn, the City of Newark, the Borough of Roselle
Park, the Village of Sough Orange, the City of Summit, the Township
of Union and the Town of West Orange, organized in Joint Meeting pursuant
to N.J.S.A. 40:63-68 et seq., under the terms of a contract dated
June 1, 1926, as amended and supplemented, in the matter of a joint
outlet and trunk sewer and treatment plant for the sewage emanating
from the municipalities.
[1980 Code § 170-62]
The purpose of this article is to impose an industrial cost
recovery charge, as hereinafter defined, on all industrial users of
the Joint Meeting system and to provide for the collection of these
charges.
[1980 Code § 170-63]
The industrial cost recovery charge is the recovery from industrial
users of the treatment works of the Federal grant portion of the cost
of construction of the treatment works allocable to the treatment
of waste contributed by such users, as defined in the Federal statutes
and regulations. The portion allocable to each such user shall be
payable in equal annual installments in the sum of one-thirtieth (1/30)
of the portion for a period of thirty (30) years, after which this
payment shall cease and come to an end.
[1980 Code § 170-64]
a.
An annual minimum industrial cost recovery charge shall be assessed
against all industrial waste contributors discharging industrial wastes
into the system in the sum of one hundred ($100.00) dollars, unless
the industrial waste contributor is subject to a greater charge under
the terms of this article.
b.
The annual industrial cost recovery charge shall be a fixed cost
per one million (1,000,000) gallons of flow, a fixed cost per pound
for suspended solids and/or a fixed costs per pound of biochemical
oxygen demand, as shown following:
c.
Industries which on any day exceed a flow of two thousand (2,000)
gallons or twenty (20) pounds per day of five-day biochemical oxygen
demand or twenty (20) pounds per day of suspended solids shall, on
a quarterly basis, report said flow, five-day biochemical oxygen demand
and suspended solids concentration to the Joint Meeting for the purpose
of determining the annual cost recovery charge for said industry.
These reports shall be filed on January 1, April 1, July 1 and October
1 of each year. The Joint Meeting shall establish uniform regulations
for sampling and analyses.
d.
The Joint Meeting, at its option, may elect to sample and analyze
the contribution from any industry to verify the quarterly reports
submitted.
e.
All tests shall be performed in accordance with the latest edition
of Standard Methods for the Examination of Water and Wastewater at
the time tests are made.
[1980 Code § 170-65]
The Joint Meeting at its option may require an industry to install
metering and monitoring facilities at the expense of the industry
involved for the purpose of obtaining representative samples of an
industry's wastewater contribution to the Joint Meeting system.
[1980 Code § 170-66]
a.
Entry and access to all industrial facilities for the purposes of
monitoring and sampling an industry's discharge shall be granted by
the industry to the authorized representatives of the Joint Meeting
or its duly authorized agents.
b.
The Joint Meeting may monitor and sample an industry or industries
without prior warning for the purpose of determining the contributions
of flow, biochemical oxygen demand and suspended solids, so that it
may compute any industry's share of the industrial cost recovery charge.
c.
Entry to premises and monitoring referred to herein shall be as provided
in the Federal Water Pollution Act of 1972.
[1980 Code § 170-67]
Industries whose sole flow consists of the discharge from sanitary
conveniences are exempt from industrial cost recovery charges upon
satisfactorily demonstrating to the Joint Meeting that they qualify
as a nonprocess dry industry.
[1980 Code § 170-68]
New industrial users which commence operations after the start
of the industrial cost recovery system shall also be subject to industrial
cost recovery charges, reduced by the ratio of the capacity used,
multiplied by the ratio of its period of use remaining, to the total
cost recovery period of thirty (30) years.
[1980 Code § 170-69]
Discontinuance by an industry of its use of the treatment works
shall relive the industry of further industrial cost recovery charges,
unless use thereof is thereafter resumed. The remaining industries
shall not be required to assume the portion of the industrial cost
recovery charge unrecovered due to this discontinuance.
[1980 Code § 170-70]
Appeal from the industrial cost recovery charge involving the
reasonableness of the allocations and cost recovery assessment is
to be made in writing by an industry affected, by notice to the Executive
Director of the Joint Meeting, by sending the notice by certified
mail, return receipt requested. The Joint Meeting shall give the industry
notice of a hearing on the appeal at least ten (10) days before the
date thereof. The Joint Meeting shall determine the appeal within
ninety (90) days after the date of the hearing. Notice of the determination
shall be forwarded to the industry by certified mail, return receipt
requested.
[1980 Code § 170-71]
In the event the sewage collection system or the treatment works
of the Joint Meeting are expanded in the future, the respective industrial
users' share for such expansion shall be subject to a cost recovery
charge for the cost of the expansion, to be calculated both as herein
provided and as provided in the Water Pollution Act of 1972. The total
industrial cost recovery charge shall thereupon be adjusted for each
industrial user.
[1980 Code § 170-72]
All industrial cost recovery charges shall become due and payable
on the first day of February, May, August and November of each year
on a quarter annual basis and shall be paid to the Borough of Roselle
Park. The annual charge to each industrial user shall be determined
by the Joint Meeting. The Borough of Roselle Park shall remit the
sums collected to the Joint Meeting within thirty (30) days after
they become due and payable.
[1980 Code § 170-73]
The industrial cost recovery charges provided for herein shall
become due and payable from and after the first day of January following
the completion by the Joint Meeting of the secondary treatment plant.
[1980 Code § 170-74]
Anything herein contained to the contrary notwithstanding, it is the intention of this Article VI that any reference to "treatment works," "treatment system" or "treatment plant," shall be construed to refer to a "public sewage treatment plant" and shall mean any structure or structures by means of which domestic or industrial wastes are subject to any artificial process in order to remove or so alter constituents as to render the wastes less offensive or dangerous to the public health, comfort or property of any of the inhabitants of this State before the discharge of the plant effluent into any waters of this State.
[1980 Code § 170-75]
For the purpose of enforcing the provisions of this article
and the rules and regulations of the Joint Meeting relating thereto,
the Joint Meeting operating said public sewage treatment plant shall:
a.
Require that any person, corporation or municipality desiring to
make any sewage connection or discharge or continue to discharge sewage,
which includes or consists of industrial wastes, into such public
sewage treatment plant, make application therefor in writing on forms
provided by the Joint Meeting.
b.
Adopt rules and regulations setting forth the information required
to be stated in the application therefor, in order to provide full
information as to the quantity, character and composition of any sewage
which may be discharged into the public sewage treatment plant and
establishing requirements and procedures for prompt amendment of the
application in the event of significant changes in the quantity, character
or composition of such sewage.
c.
Make or cause to be made inspection of the discharging facilities
of any person, corporation or municipality who may be discharging
sewage or permitting sewage to be discharged into sewerage systems
under the jurisdiction of the Joint Meeting.
[1980 Code § 170-76]
If any person, corporation or municipality violates any of the
provisions of this article or rules and regulations promulgated by
the Joint Meeting, the Joint Meeting may institute a civil action
in the Superior Court for injunctive relief to prohibit or prevent
such violations, and the court may proceed in the action in a summary
manner.
[1980 Code § 170-77]
In the event of the violation of any of the provisions of this
article, the violator shall be subject to the penalties set forth
in N.J.S.A. 58:11-55.
[1980 Code § 170-78]
This Article is intended to apply solely to industrial users
for all industrial waste contributed by them to the Joint Meeting
collection and treatment system.
