City of Newark, NJ Joint Meeting of Essex and Union Counties

[Ord. 6 S+FF, 7-8-1992 § 2]

Whenever the Joint Meeting finds that any person (as defined in the rules and regulations) has violated or is violating this chapter, or any prohibition, limitation or requirement contained herein, the Joint Meeting 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 the violation is not corrected by timely compliance, the Joint Meeting may order any person who causes or allows an unauthorized discharge to show cause before the Joint Meeting and City of Newark 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 Joint Meeting and City of Newark regarding the violation, and directing the offending party to show cause before the Joint Meeting and City of Newark 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 days before the hearing.

The Joint Meeting and City of Newark 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 Joint Meeting and City of Newark notice 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/records and other evidence, together with recommendations to the Joint Meeting and City of Newark for action thereof.

At any public hearing, testimony taken before the Joint Meeting and City of Newark or any person designated by it, must be under oath and recorded either by the hearing officer in a summary manner or stenographically. In the latter case, the transcript, so recorded, will be made available to any member of the public upon payment of the usual charges therefor. After the Joint Meeting and City of Newark have reviewed the evidence, they 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 treatment facilities, devices or other related appurtenances are properly operated, and such further orders and directives as are necessary and appropriate.

Any discharge in violation of the substantive provisions of this chapter or an Order of the Joint Meeting shall be considered grounds for legal action. If any person discharges sewage, industrial wastes or other wastes into the treatment facilities contrary to the substantive provisions of this chapter or any Order of the Joint Meeting, the Executive Director of the Joint Meeting shall commence an action for injunctive relief and appropriate legal damages in the Superior Court of the respective County.

The Joint Meeting and/or City of Newark may suspend the wastewater treatment service (and/or the Non-Domestic Waste Water Discharge Permit) when such suspension is necessary, in the opinion of the Joint Meeting and/or City of Newark, 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 Joint Meeting and/or City of Newark to violate any condition of its NJPDES Permit.

Any person notified of a suspension of the wastewater treatment service (and/or the Non-Domestic Waste Water Discharge Permit) shall immediately stop or eliminate the contribution. In the event of a failure of the persons to comply voluntarily with the suspension order, the Joint Meeting and/or City of Newark 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 Joint Meeting and/or City of Newark shall reinstate (the Non-Domestic Waste Water 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 Joint Meeting and/or City of Newark within 15 days of the date of occurrence.

[Ord. 6 S+FF, 7-8-1992 § 3]

Any person who is found to have violated an Order of the Joint Meeting and/or City of Newark or who willfully or negligently fails to comply with any provision of this chapter, and the orders, rules and regulations issued hereunder shall be subject to a fine of not more than $1,000 or imprisonment not to exceed 90 days, or both for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Joint Meeting and City of Newark may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person(s) found to have violated this chapter or the orders, rules and regulations issued hereunder. In addition, also, to the penalties previously provided herein, the Joint Meeting and its tributary municipalities may recover reasonable costs expended to rectify damages to its treatment process, sewer lines, catch basin, manholes and other appurtenances caused as a result of violations of this chapter.