[R.O. 1966 C.S. § 21:1-2; Ord.
6 S+FS, 8-3-1994; Ord. 6 S+FH, 5-17-2006; Ord. 6 S+FL, 5-17-2006]
Unless otherwise expressly stated, the following words, phrases
and abbreviations shall have the meaning respectively ascribed to
them in this section. When not inconsistent with the context, words
used in the present tense include the future and words used in the
singular number include the plural. The word "shall" is always mandatory
and not merely directory.
Shall mean the quantity of oxygen utilized in a biochemical
oxidation of organic matter. "BOD" is determined through standard
laboratory procedure, as specified in the latest edition of Standard
Methods for the Examination of Water and Wastewater, and expressed
in parts per million.
Shall mean a sewer or drain extending from a structure to
a public sewer connection lateral or interceptor sewer. Unless otherwise
established by a binding, written arrangement involving the City and
the property owner, maintenance of the building sewer shall be the
responsibility of the property owner. Maintenance of the public sewer
shall be the responsibility of the City. In cases where a public sewer
easement traverses private property, maintenance of the entire length
of the building sewer, from the public sewer to the structure, shall
be the responsibility of the property owner.
Shall mean a measure of the oxygen equivalent of that portion
of the organic matter in a sample that is susceptible to oxidation
by a strong chemical oxident. "COD" is determined by standard laboratory
procedure, as specified in the latest edition of Standard Methods
for the Examination of Water and Wastewater, and expressed in parts
per million.
Shall mean the City of Newark, New Jersey.
Shall mean a sewer that conveys sanitary and/or industrial
wastes at all times, and also transports storm runoff during wet weather
as designed.
Shall mean a fee established for the right and privilege
to connect to the water or sewer system for the first time or to enlarge
the size of the connection. This does not apply to fire service water
lines connected to the public water main. A connection fee is separate
from and in addition to the tapping fee, meter fee, and the cost of
the physical installation of the water service line for water services
and the cost of the physical installation of the sewer lateral for
sewer services.
Shall mean a department of the Newark municipal government.
Shall mean the head of a department duly appointed by the
City. The term "director" includes any person authorized by the director
to operate as his or her representative.
Shall mean a division of the Department of Water and Sewer
Utilities.
Shall mean the waste and wastewater from humans or household
operations.
See "Sanitary waste."
Shall mean oil, fat, or grease in a physical state such that
it will separate by gravity from wastewater through treatment in an
approved pretreatment facility. A wastewater shall be considered free
of "floatable oil" if it is properly pretreated such that the discharged
wastewater does not interfere with the wastewater facilities.
Shall mean the electro-negative metals with a density greater
than five grams per cubic centimeter, including but not limited to
lead, chromium, mercury, nickel, and zinc, plus the nonmetallic element
arsenic.
Shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial wastes (other than stormwater) to the municipal separate
storm sewer system operated by the City of Newark, unless that discharge
is authorized under a NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical
connections may include, but are not limited to, leaks, flows, or
overflows into the municipal storm sewer system.
Shall mean a charge to industrial users based on their use
of municipal, JMEUC, PVSC, or SRJM wastewater facilities to repay
the capital cost outlay of the Federal share given to the City, JMEUC,
PVSC, or SRJM under the provisions of applicable Federal law allocable
to the treatment of the wastes from industrial users.
Shall mean any non-governmental user of municipal JMEUC,
PVSC, or SRJM wastewater facilities identified in the Standard Industrial
Classification Manual (1972), as amended and supplemented under "Divisions
A, B, D, E, or I." A user may be exempt from the category of industrial
user if it is determined that it introduces primarily segregated sanitary
wastes.
Shall mean any nondomestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or
(c)).
Shall mean the water discharged into sewers from sources
of surface, ground, or unpolluted water, including but not limited
to roof downspouts, foundation drains, cellar, yard, and area drains,
cooling water discharges, drains from springs and swamps, catch basins,
storm water, surface runoff, street wash water, or groundwater drainage.
Shall mean the fee to inspection the physical connection
to the sewer line or water main when the physical connection was not
made or performed by the City.
Shall mean a sewer whose major purpose is the conveyance
of wastewater from lateral sewers to a treatment facility. Where conditions
warrant, the direct connection of building sewers (and, in the case
of combined systems, the direct connection of separate storm drains)
to interceptor sewers may be permitted.
Shall mean the Joint Meeting of Essex and Union Counties.
Shall mean a sewer whose major purpose is the transportation
of wastewater from building sewers (and, in the case of combined systems,
the transportation of inflow from separate storm drains) to an interceptor
sewer.
Shall mean an industrial user of municipal, JMEUC, PVSC,
or SRJM wastewater facilities that:(a) has a flow of 50,000 gallons
or more per average work day; (b) has in its waste a toxic waste in
toxic amounts; or (c) is found by USEPA, NJDEP, JMEUC, PVSC, SRJM,
or the City to have a significant impact, either singly or in combination
with other contributing industries, on municipal, JMEUC, PVSC, or
SRJM wastewater facilities or upon the quality of effluent from these
wastewater facilities.
Shall mean oils or grease derived from petroleum, as distinct
from oils and grease derived from animal or vegetable sources.
Shall mean an industrial user of municipal, JMEUC, PVSC,
or SRJM wastewater facilities that does not meet the definition of
a major industry.
Shall mean pertaining to the City of Newark.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the City of Newark or other public body, and is designated
and used for collecting and conveying storm water. MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
Shall mean any outlet, including storm drains and combined
sewer overflows that discharges to a watercourse, pond, ditch, lake
or other body of surface or ground-water, including the Passaic River,
Elizabeth River, Newark Bay, or any of their tributaries.
Shall mean New Jersey Department of Environmental Protection.
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
Shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may, however, contain algaecides, or biocides
to control fouling of equipment such as heat exchanges, and/or corrosion
inhibitors.
Shall mean any mobile vehicle, piece of equipment or appurtenance
thereof that is utilized in the discharge of waste or wastewater to
any sewer or natural outlet. The term includes, but is not limited
to, tank trucks and dump trucks as well as associated equipment and
appurtenances. Fixed, permanent or semipermanent equipment is excluded
from the category of nonstationary source, and is regulated elsewhere
in this Title.
Shall mean National Pollutant Discharge Elimination System
and successors thereto (i.e. New Jersey Pollutant Discharge Elimination
System).
Shall mean individual, firm, company, partnership, society,
association, corporation (public or private), or group, including
heirs, executors, administrators or assigns.
Shall mean the reciprocal of the logarithm of the hydrogen
ion concentration. The concentration is the weight of hydrogen ions,
in grams, per liter of solution. Neutral water has a pH value of 7
(a hydrogen ion concentration of 10-7).
Lower pH's are acid, higher pH's are alkaline.
Shall mean treatment given to industrial waste prior to its
direct or indirect discharge to municipal, JMEUC, PVSC, or SRJM wastewater
facilities; industries use pretreatment to remove illegal and/or undesirable
waste constituents, or to reduce the strength of waste prior to discharge
to publicly owned wastewater facilities.
Shall mean a sewer for which a person other than a public
agency is responsible, as distinct from a public sewer.
Shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
Shall mean, with respect to Section 32:2-7, and consist of all storm drainage and sanitary sewerage facilities associated with an individual, municipally-approved building permit or Zoning Board approval.
Shall mean a sewer for which a governmental agency, public
utility, or a municipality is responsible.
Shall mean Passaic Valley Sewerage Commissioners.
Shall mean waste derived principally from dwellings, office
buildings, and sanitary conveniences. When segregated from industrial
wastes, it may come from industrial plants or commercial enterprises.
Shall mean a sewer that carries liquid and waterborne sanitary
and industrial wastes from residences, commercial buildings, industrial
plants, and institutions together with minor quantities of ground,
storm, and surface waters that are not intentionally admitted.
Shall mean a drain or sewer designed to convey storm runoff,
groundwater, or unpolluted water from any source to a combined sewer,
natural outlet, or body of water; a separate storm drain is not intended
to convey inadequately treated sanitary or industrial waste at any
time.
Shall mean the spent water of a community; the preferred
term is wastewater.
Shall mean a pipe or conduit that carries wastewater or drainage
water.
See "Wastewater facilities."
Shall mean any discharge of water or wastewater during a
period greater than 15 minutes that, in concentration of any constituent
or in quantity of flow, is greater than five times the average twenty-four-hour
concentration or flow registered during normal operation.
Shall mean Second River Joint Meeting (Union Outlet Sewer).
Shall mean any water resulting from precipitation (including
rain and snow) that runs off the lands surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
Shall mean a measurement of suspended solids, and/or BOD,
and/or COD, and/or any other parameter determined by the City, JMEUC,
PVSC or SRJM as a fair indicator of the relative use, other than volumetric,
of municipal, JMEUC, PVSC, or SRJM wastewater facilities by industrial
wastes.
Shall mean matter that is suspended in water, wastewater,
or other liquids, and is removable by laboratory filtering as prescribed
in the latest edition of Standard Methods for Examination of Water
and Wastewater, and referred to as nonfilterable residue.
Shall mean the fee established by the Director of Water and
Sewer Utilities for the physical connection to the sewer line or water
line.
Defined by USEPA in 40 CFR 129 [38 F.R. 24342, 9-7-1973]
and any superseding revisions.
Shall mean the partial or complete removal of certain materials
from wastewater; the adequacy of treatment is determined by the governmental
authority having jurisdiction.
Shall mean water of a quality equal to or better than the
effluent criteria in effect, or water that would not cause violation
of receiving water quality standards, and would not be benefited by
discharge to the wastewater facilities provided.
Shall mean United States Environmental Protection Agency.
Shall mean a charge to users of public wastewater facilities
consisting of two parts. The first part is established by JMEUC, PVSC,
or SRJM based on volume and where applicable, on strength and/or flow
rate to pay for the use of JMEUC, PVSC, or SRJM wastewater facilities.
The second part is established by the City to pay for the use of the
municipal wastewater facilities and to pay the administrative costs
of billing and collection of the user charge.
Shall mean the spent water of a community; from the standpoint
of source, wastewater may be a combination of the liquid and waterborne
wastes from residences, commercial buildings, industrial plants, and
institutions, together with any groundwater, surface, or storm water
that may be present.
Shall mean the structures, equipment and processes required
to collect, convey and treat domestic and industrial wastes and dispose
of the effluents.
[Ord. 6 S+FL, 5-17-2006]
a.
No person shall discharge or cause to be discharged through an illicit
connection to the municipal separate storm sewer system operated by
the City of Newark any domestic waste, noncontact cooling water, process
wastewater, or other industrial waste (other than stormwater).
[R.O. 1966 C.S. § 21:1-3; Ord.
6 S+FS, 8-3-1994; Ord. 6 S+FL, 5-17-2006]
a.
Unless otherwise specified herein, the provisions of this chapter
shall be administered by the Director of the Department of Water and
Sewer Utilities, who is hereby delegated the authority to develop,
promulgate, and issue rules and regulations for the effective implementation
of this Title.
b.
1.
In enforcing this Title, the Newark Municipal Court shall utilize
the form of summonses as provided by the State Administrative Office
of the Courts.
2.
The Director of the Department of Water and Sewer Utilities; and
all employees authorized by the Director of the Department of Water
and Sewer Utilities; all municipal elected officers and all law enforcement
officers and all investigators are hereby authorized and empowered
to perform as Law Enforcement Officers solely with respect to the
enforcement of the provisions of this Title and other titles drafted
and enacted by the Newark Municipal Council which have the purpose
of protecting the integrity and operation of the City of Newark's
Water and Sewer Utilities, empowering the aforementioned persons to
issue summonses for any violations thereof in accordance with the
rules governing the courts of the State of New Jersey.
3.
Nothing in this section shall be construed to impair or limit in
any way the power of the City of Newark to define and declare nuisances
and to cause their removal and abatement by summary proceedings or
otherwise nor is this Title intended to limit the authority of the
Directors of the City of Newark to abate nuisances.
[R.O. 1966 C.S. § 21:1-4]
It shall be unlawful to discharge any wastewater or other polluting
material into any natural outlet within the City, except where suitable
treatment has been provided and where an NPDES permit has been obtained
from the appropriate governmental authority where required.
[R.O. 1966 C.S. § 21:1-5]
No person shall maliciously, intentionally, or negligently break,
damage, destroy, uncover, deface, remove, or tamper with any structure,
appurtenance, or equipment that is part of the wastewater facilities
or separate storm drainage system.
[R.O. 1966 C.S. § 21:1-6; Ord.
6 S+FK, 6-24-1987]
Every owner of property with a house or other building therein shall connect the sewage line from his/her house or building to the nearest City sewer line unless the owner has received authorization to connect his/her sewer line with a private sewer line from the Director of the Department of Water and Sewer Utilities pursuant to Section 32:7-5.
[R.O. 1966 C.S. § 21:1-7; Ord.
6 S+FK, 6-24-1987]
a.
Violations of any of the provisions of this Title or any permit issued
under the authority of this Title, may result in the termination of
the permit and/or termination of the authority to discharge to the
public wastewater facilities.
b.
Any person violating any of the provisions of this Title shall, upon
conviction, be subject to a fine not to exceed $1,000 and/or imprisonment
not to exceed 90 days, or both, per violation. Each and every day
during which a violation of any provision of this Title exists shall
constitute a separate violation.
Exceptions to the aforestated fine shall include cases of personal
and/or property damage, where, in addition to the above fine, a violator
shall be liable for any expense, loss, or damage occasioned by the
City by reason of a violation.
[R.O. 1966 C.S. § 21:1-8; Ord.
6 S+FK, 6-24-1987]
If any portion of this Title shall be declared unconstitutional,
invalid, or inoperable in whole or in part by a court of competent
jurisdiction, the remaining portion not declared to be unconstitutional,
invalid, or inoperable shall remain in full force and effect.
