[Ord. 6 S+FF, 7-8-1992 § 1]
That the Rules and Regulations of the Joint Meeting adopted
on December 20, 1984 and as same are modified from time to time are
hereby adopted by the City of Newark as if fully set forth herein
as Rules and Regulations governing the municipal sewer facilities
in the Joint Meeting of Essex and Union Counties service area as well
as the Joint Meeting Facilities.
[Ord. 6 S+FF, 7-8-1992 § 2]
a. 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:
1. 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;
3. 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.
b. 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.
[Ord. 6 S+FF, 7-8-1992 § 4]
If any provision, paragraph, work, section, or article of this
chapter is invalidated by any Court of competent jurisdiction, the
remaining provisions, paragraphs, words, sections and articles shall
not be affected and shall continue in full force and effect.