[R.O. 1966 C.S. § 21:3A-1]
Sections
32:5-1 to
32:5-11, inclusive, of this Title apply to any and all direct or indirect discharges to the wastewater facilities owned and operated by the Passaic Valley Sewerage Commissioners.
[R.O. 1966 C.S. § 21:3A-2]
Application for sanitary connections for dwellings, groups of dwellings, or industrial or commercial establishments with only sanitary waste shall be submitted directly to the City together with the appropriate fee, as provided in Section
32:2-9 of this Title. The Director of the Department of Water and Sewer Utilities shall maintain a record of the number of the sanitary applications and connections that are added and removed from the system and shall make an annual report to the PVSC no later than February 1 of each year.
[R.O. 1966 C.S. § 21:3A-3]
Each existing industrial user which is presently connected directly
or indirectly to municipal wastewater facilities that are tributary
to wastewater facilities owned and operated by PVSC shall make applications
to PVSC for a discharge permit no later than October 1, 1977, whether
the connection be for industrial waste or storm water. Existing industrial
users that have applied for permits may continue their discharge while
PVSC processes their application, except for any discharges which
constitute prohibited waste as otherwise provided in this Title or
unless notified by PVSC to cease and desist their discharge. Any person
proposing to make a new industrial connection shall submit an application
for a discharge permit, together with the signed, written approval
of the owner of the property whereon the connection shall be made,
to the City for its approval. Upon the City's review and approval,
the application shall be forwarded to PVSC for classification and
possible issuance of an industrial permit. No certificate of occupancy
shall be granted by the City for a use requiring a discharge permit,
as herein described, without the prior award of such permit by PVSC.
[R.O. 1966 C.S. § 21:3A-4]
Any existing industrial user which proposes to make any change
in its facility or processing that may significantly affect the quality
or the quantity of its discharge into the sewerage system shall submit
to the City an industrial sewer waste revision application describing
the contemplated changes. In addition, any new tenant or occupant
of an existing industrial user shall submit an industrial sewer waste
revision application to the City. Any industrial sewer waste revision
application for which the City has granted written approval shall
be forwarded to PVSC for its action, including the possible issuance
of an industrial permit. No certificate of occupancy shall be issued
for an industrial use until an industrial permit has been issued by
PVSC, and no person shall occupy any building or structure for the
purpose of a new industrial use until an industrial permit has been
issued by PVSC.
[R.O. 1966 C.S. § 21:3A-5]
All applications for industrial permits noted in this Title
shall be submitted on forms to be supplied by PVSC and shall comply
with the instructions presented thereon.
[R.O. 1966 C.S. § 21:3A-6]
Industrial users shall be classified by PVSC as follows:
Category I:
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Class 1 — A permit shall not be issued to
an industry defined as a major industry and when issued shall allow
the industry to discharge with no modifications or pretreatment of
flow.
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Class 1 — B permit is 1 issued to an industry
classified as a major industry. This permit shall allow the industry
to discharge with no modifications or pretreatment of flow. However,
PVSC may require the installation of monitoring equipment.
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Category II:
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Class II — A permit shall allow an industry
to discharge pretreated wastes in accordance with standards established
in the permit.
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Class II — B permit shall allow an industry
to continue to discharge, subject to change of characteristics of
its waste by pretreatment or other means in accordance with a schedule
as established by the PVSC in the permit.
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Category III:
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A permit is denied and the discharge of prohibited
materials must be halted or modified by the date established by the
PVSC and in accordance with conditions contained in the permit denial.
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[R.O. 1966 C.S. § 21:3A-7]
The PVSC classification of an application is subject to change
by PVSC upon written notification from PVSC to the applicant by certified
mail. Any change shall be accompanied by a detailed explanation of
the reason for the change.
[R.O. 1966 C.S. § 21:3A-8]
Any industry aggrieved by a permit classification by the PVSC
shall have a right to appeal to the PVSC. Such an administrative appeal
must be taken within 30 days of notification by PVSC to the industry
of its decision. The notice of appeal shall be delivered personally
to the office of PVSC at 600 Wilson Avenue, Newark, New Jersey, 07105,
or shall be sent by certified mail, return receipt requested. The
taking of an appeal shall not stay the provisions of a Class III denial.
During the time of appeal, however, Class II permits shall be stayed.
However, the staying shall not release any industry from meeting any
requirements of any schedule set by the City, SRJM, NJDEP, or USEPA.
[R.O. 1966 C.S. § 21:3A-9]
Upon the filing of an appeal, the PVSC shall set the date and
time for a hearing before the Commissioners. The applicant shall have
the right to present evidence, shall have the right to be represented
by counsel, and shall have the right to cross-examination. Upon the
conclusion of the hearing, the Commissioners shall make findings of
fact and conclusions. In conformance with the findings of fact and
conclusions, the Commissioners shall affirm or reverse the appealed
classification.
[R.O. 1966 C.S. § 21:3A-10]
In addition to the application as hereinabove described, each
industrial user must complete an industrial survey form, which will
be supplied by PVSC and, from time to time, shall be updated by the
industry when required by PVSC.
[R.O. 1966 C.S. § 21:3A-11]
Pursuant to the conditions stipulated in each PVSC industrial
permit, industrial users bearing such permits shall provide immediate
access to their facilities at any time during normal working hours,
or at any time during which there is a discharge to the wastewater
facilities or to a natural outlet. Access shall be provided for the
purpose of checking the quality of the discharge, taking samples,
and making tests of the discharge, or for the purpose of permitting
the enforcement of this Title. Access shall be made available to the
employees of the City (including representatives of the departments
of Water and Sewer Utilities, Health and Human Services and/or Engineering),
PVSC, NJDEP, and/or USEPA. All users shall provide access to property
and premises for inspection to determine if there are any violations
of the terms or provisions of this Title.