[HISTORY: Adopted by the Mayor and Council of the Borough of Palmyra 7-11-1983 by Ord. No. 1983-10 (Ch. 63 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Sewer Utility — See Ch. 55.
Uniform construction codes — See Ch. 95.
Flood damage prevention — See Ch. 126.
Land development — See Ch. 158.
Soil removal — See Ch. 226.
Storm sewer system — See Ch. 235.
Stormwater management — See Ch. 236.
Street excavations — See Ch. 237, Art. V.
Plumbing standards— See Ch. 285.
Sewer connections — See Ch. 297.
[Amended 8-24-2005 by Ord. No. 2005-12]
Industrial or commercial user(s) is defined as a user discharging other than a domestic pollutant as set forth in N.J.A.C. 7:14A-1.2. Any building used in whole or in part as a dwelling or which requires or uses sanitary sewage disposal, now or hereafter erected on any lot abutting a street in which a sanitary sewer line is now or hereafter constructed, shall be connected with such sewer line, and a toilet or toilets installed therein, within the appropriate following time period applicable to such building:
A. 
Existing buildings: within 90 days after adoption of this chapter.
B. 
New buildings: prior to occupancy thereof.
C. 
Buildings on a street in which a sanitary sewer line is hereafter constructed: within 90 days after completion of the construction of such sewer line.
D. 
Any newly constructed structure or existing structure that is expanded to include a new dwelling unit or commercial unit for which sewer service is required shall have a water meter installed prior to occupancy. The water meter shall separately monitor the water usage for each new dwelling unit and for each new commercial unit within a mixed-use structure.
[Added 7-20-2015 by Ord. No. 2015-11; amended 3-1-2021 by Ord. No. 2021-03; 8-16-2021 by Ord. No. 2021-09]
[Amended 8-12-1985 by Ord. No. 1985-15; 6-8-1987 by Ord. No. 1987-9; 10-10-1989 by Ord. No. 1989-13]
A. 
Hereafter, before any connection shall be made to the sewer system by any owner of a property, said owner shall make application, in writing, on the proper forms furnished to the Borough, and pay a connection charge as follows:
[Amended 12-14-2009 by Ord. No. 2009-25]
(1) 
For a connection from a residential user to the sewer system the sum of $5,353.06. A "residential user" shall be defined as the owner of any building or part thereof whether furnished or unfurnished, intended to be occupied for sleeping or dwelling purposes by one or more persons. Each separate residential unit shall be charged a connection fee. For example, a single building containing 50 condominiums would result in 50 residential users and 50 connection fees.
[Amended 6-11-2012 by Ord. No. 2012-17; 11-21-2016 by Ord. No. 2016-17; 11-15-2021 by Ord. No. 2021-16; 4-19-2024 by Ord. No. 2024-07]
(2) 
For a connection from a nonresidential (commercial or industrial) user to the sewer system:
(a) 
Utilizing N.J.A.C. 7:14A-23.3, determine the anticipated flow that is generated by the proposed type of use ("flow").
[1] 
Divide the anticipated flow by 300 gallons per day (gpd) and round to the next highest whole number ("multiple number").
[2] 
Multiply the multiple number by the residential connection fee set forth in § 215-2A(1) above, and this is the amount of the connection fee.
(b) 
For example, a ten-thousand-square-foot office building would pay the following connection fee: As set forth in the Administrative Code, an office building has a flow rate of 0.100 gpd/sf. If the office building interior was 10,000 square feet, then the anticipated flow would be calculated by multiplying the square footage of the building by the flow rate (10,000 x 0.100 = 1,000). The anticipated flow would then be divided by 300 gpd and that number would be rounded to the next highest whole number (1,000 ÷ 300 = 3.333 or rounded to the number 4). The resulting number (the multiple number) would then be multiplied by the residential connection fee set forth in § 215-2A(1), and the result would be the connection fee (4 x $2,618.09 = $10,472.36).
B. 
Such owner shall not make such connection until the permission of the Borough is granted.
C. 
Any commercial or industrial user seeking to connect to the sewer system shall supply to the Borough an estimate of the quantity and chemical composition of the proposed discharge, including any data from existing operations at any other site owned or operated by the user as to the chemical composition of the effluent produced at such sites during the prior two-year period.
[Added 8-24-2005 by Ord. No. 2005-12; amended 11-13-2006 by Ord. No. 2006-21]
All connections shall be at the expense of the person wishing to connect with the sewer system. The cost of the restoration of the pavement, sidewalks, curbs or gutters resulting from the making of such connection shall be borne by the person connecting with the sewer system.
[Amended 3-14-1988 by Ord. No. 1988-3; 4-10-1989 by Ord. No. 1989-3; 4-13-1992 by Ord. No. 1992-6; 3-8-1993 by Ord. No. 1993-5; 5-13-1996 by Ord. No. 1996-5; 12-13-2004 by Ord. No. 2004-21; 12-27-2006 by Ord. No. 2006-25; 12-14-2009 by Ord. No. 2009-25; 11-14-2011 by Ord. No. 2011-25; 7-20-2015 by Ord. No. 2015-11; 3-12-2016 by Ord. No. 2016-2; 3-1-2021 by Ord. No. 2021-03; 8-16-2021 by Ord. No. 2021-09]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DWELLING UNIT
A residential unit providing complete, independent living facilities including permanent provisions for living, sleeping, eating, cooking and sanitation.
MIXED USE STRUCTURE
A structure/building containing one or more dwelling unit(s) and one or more commercial unit(s).
OWNER
Any individual, corporation, limited-liability company, partnership, association, trust or other legal entity that owns any dwelling unit, public building, commercial building, industrial establishment or mixed-use structure.
B. 
Frequency of charges. The frequency of billings shall be determined by the Administrator and the sewer service charges shall be payable at the Borough Hall. Contained herein are the sewer service charges that are fixed and officially established for the use of the Palmyra sewer system. All rates set forth herein shall be retroactive to the first billing period of 2021.
C. 
Rates.
(1) 
Schedule A: Dwelling Units - Nonindustrial Waste.
[Amended 4-3-2023 by Ord. No. 2023-02; 5-15-2023 by Ord. No. 2023-04]
(a) 
The owner of each dwelling unit shall pay a sewer charge of $436 per year. One annual $30 credit shall be given per dwelling unit for any owner if the dwelling unit is his or her primary residence and the owner is 65 years or older as of January 1 of the billing year.
(b) 
In addition, every person, a citizen and resident of the Borough of Palmyra of the age 65 years, who is permanently and totally disabled as defined by N.J.S.A. 54:4-8.40 or is receiving a senior citizen deduction by his/her real property as defined by N.J.S.A. 54:4-8.41 in the Borough of Palmyra shall be given a credit of $30.
(c) 
In addition, every veteran, a citizen and resident of the Borough of Palmyra, who is receiving a veterans deduction for his/her real property as defined by N.J.S.A. 54:4-8.10, as amended by P.L. 2019 c. 413; N.J.A.C. 18:27-1.1, in the Borough of Palmyra shall be given a credit of $10.
(2) 
Schedule B: Public and Commercial Buildings - Nonindustrial Waste.
(a) 
Commercial uses, including but not limited to:
Houses of worship (churches, synagogues, mosques, temples, etc.)
Professional offices, retail business stores or shops
Garage and filling stations without car wash
Restaurants and caterers, fast-food takeout
Banks and financial institutions
Business and financial institutions
Business and alcoholic consumption
Beauty salons and barbershops
Post office
Funeral homes
Bowling alleys
Automobile dealerships, with showroom
Automobile dealerships, without showroom
Lodges and clubs
Bridge complexes
Other commercial properties
All of the above are referred to as "Category B Users."
(b) 
Annual rate. The owner of each Category B User shall pay a Base Rate of $746 annually that shall be paid semi-annually in two installments of $373 each. Except Houses of Worship, which shall not be required to pay a base rate.
(c) 
Additional fee.
[1] 
In addition to the base rate, there is an additional fee that shall be based upon the Category B user's water usage during the measurement period. The additional fee shall be computed by reference to the Category B user's water usage data obtained from the New Jersey American Water Company record for the bills from September through November (the "measurement period").
[2] 
The additional fee shall be paid semiannually and shall be computed as follows:
[a] 
For each semiannual billing: there is no additional fee for up to the first 10,000 gallons of water used during the last measurement period; there is an additional fee of $11.24 for every 1,000 gallons of water used during the last measurement period in excess of 10,000 gallons of water up to 15,000 gallons of water; and there is an additional fee of $11.74 for every 1,000 gallons of water used during the last measurement period in excess of 15,000 gallons of water up to 20,000 gallons of water; and there is an additional fee of $12.24 for every 1,000 gallons of water used during the last measurement period in excess of 20,000 gallons of water.
(3) 
Schedule C: Industrial Establishments Without Industrial Waste as defined by N.J.A.C. 7:14A-1.2 and/or Industrial Establishments Without Significant Indirect User Permit issued by the New Jersey Department of Environmental Protection ("Category C User").
(a) 
Annual rate. The owner of each Category C User shall pay a Base Rate of $1,492 annually that shall be paid semi-annually in two installments of $746 each.
(b) 
Additional fee.
[1] 
In addition to the base rate, there is an additional fee that shall be based upon the Category C user's water usage during the measurement period. The additional fee shall be computed by reference to the Category C User's water usage data obtained from the New Jersey American Water Company records for the bills from September through November (the "measurement period").
[2] 
The additional fee shall be paid semiannually and shall be computed as follows:
[a] 
For each semiannual billing: there is no additional fee for up to the first 10,000 gallons of water used during the last measurement period; there is an additional fee of $11.24 for every 1,000 gallons of water used during the last measurement period in excess of 10,000 gallons of water up to 15,000 gallons of water; and there is an additional fee of $11.74 for every 1,000 gallons of water used during the last measurement period in excess of 15,000 gallons of water up to 20,000 gallons of water; and there is an additional fee of $12.24 for every 1,000 gallons of water used during the last measurement period in excess of 20,000 gallons of water.
(4) 
Schedule D: Industrial Establishments with Industrial Waste as defined by N.J.A.C. 7:14A-1.2 and/or Industrial Establishments with Significant Indirect User Permit issued by the New Jersey Department of Environmental Protection ("Category D User").
(a) 
If sewer discharged is metered, the monthly discharge amounts shall be reported to the Borough on a monthly basis.
[1] 
Annual fee. The owner of each Category D User shall pay a base rate of $1,492 annually that shall be paid semiannually in two installments of $746 each.
[2] 
Additional fee.
[a] 
In addition to the base rate, there is an additional fee for treatment and disposal of factory effluents or industrial wastes as defined by N.J.A.C. 7:14A-1.2 and/or for a significant indirect user that has a permit issued by the New Jersey Department of Environmental Protection based upon the gallons of sewer discharged, as follows:
[b] 
For this subsection only, there shall be two measurement periods, as follows: (1) from January 1 through June 30 ("Period 1"); (2) from July 1 to December 31 ("Period 2").
[c] 
For each semiannual billing: there is no additional fee for up to the first 10,000 gallons of water used during the last measurement period; there is an additional fee of $11.24 for every 1,000 gallons of water used during the last measurement period in excess of 10,000 gallons of water up to 15,000 gallons of water; and there is an additional fee of $11.74 for every 1,000 gallons of water used during the last measurement period in excess of 15,000 gallons of water up to 20,000 gallons of water; and there is an additional fee of $12.24 for every 1,000 gallons of water used during the last measurement period in excess of 20,000 gallons of water.
[d] 
The sewer charges payable by the owner for Period 2 shall be computed as set forth in the preceding subsection.
[e] 
For facilities that pretreat their effluent to levels below the most stringent parameter limits as set forth in § 215-9B, have a surcharge percentage of less than 100% as determined by § 215-9C and provide routine testing at a frequency satisfactory to the Borough Sewer Engineer to demonstrate discharges at such levels, the Borough reserves the right to waive the additional fees for excess sewer discharge above 20,000 gallons and continue to charge the fee of $11.24 for every 1,000 gallons over 20,000 gallons discharged during each of the measurement periods.
[f] 
At the Borough's discretion, billings may be made quarterly as opposed to twice a year.
(b) 
If sewer discharged is not metered:
[1] 
Annual rate. The owner of each Category D Use shall pay a base rate of $1,492 annually that shall be paid semiannually in two installments of $746 each.
[2] 
Additional fee.
[a] 
In addition to the base rate, there is an additional fee that shall be based upon the Category D User's water usage during the measurement period. The additional fee shall be computed by reference to the Category D User's water usage data obtained from the New Jersey American Water Company records for the bills from September through November (the "measurement period").
[b] 
The additional fee shall be paid semiannually and shall be computed as follows:
[c] 
For each semiannual billing: there is no additional fee for up to the first 10,000 gallons of water used during the last measurement period; there is an additional fee of $11.24 for every 1,000 gallons of water used during the last measurement period in excess of 10,000 gallons of water up to 15,000 gallons of water; and there is an additional fee of $11.74 for every 1,000 gallons of water used during the last measurement period in excess of 15,000 gallons of water up to 20,000 gallons of water; and there is an additional fee of $12.24 for every 1,000 gallons of water used during the last measurement period in excess of 20,000 gallons of water.
(c) 
The owner of each Category D User shall, in addition to the above, be subject to the provisions § 215-9 of the Code.
(5) 
Schedule E: Mixed-Use Structures ("Category E User").
(a) 
In the event a mixed-use structure contains multiple uses and each use does not have its water usage metered independently from the other use within the structure, then the sewer service charge shall be determined as follows:
[1] 
Annual rate.
[a] 
The owner of each Category E user shall pay a base rate, which shall be the sum of the total number of dwelling and commercial uses contained in the structure multiplied by the corresponding annual charge as defined in Subsection C(1) through (4). This base rate is due annually and shall be paid semiannually in two equal installments.
[b] 
For example, if a structure contains three dwelling units and two commercial units, the base rate shall be 3 X $436 for the dwelling units and 2 X $746 for the commercial units, for a total of $2,800 annually, and the charge shall be paid semiannually in two equal installments of $1,400.
[2] 
Additional fee. In addition to the base rate, there is an additional fee that shall be paid by the Category E user based upon the Category E user's water usage during the measurement period. The additional fee shall be computed by reference to the Category E user's water usage data obtained from the New Jersey American Water Company records for the bills from September through November (the "measurement period"). The additional fee shall be paid by semiannually and shall be computed as follows:
[a] 
For each semiannual billing: there is no additional fee if the mixed-use structure uses water during the last measurement period less than the sum of the following:
[i] 
(10,000 gallons of water) multiplied by (the number of individual commercial units in the structure); plus
[ii] 
(6,000 gallons of water) multiplied by (the number of dwelling units in the structure).
[b] 
This sum shall be referred to as the "base amount."
[c] 
In the event that the base amount of water usage is exceeded, then there is an additional fee of $11.24 for every 1,000 gallons of water used during the last measurement period in excess of the base amount up to the tier one water usage threshold. The tier one water usage threshold is the base amount plus the sum of the following:
[i] 
(8,000 gallons of water used) multiplied by (the number of individual commercial units in the structure);
[d] 
In the event that the tier one water usage threshold is exceeded, then there is an additional fee of $11.74 for every 1,000 gallons of water used during the last measurement period in excess of the tier one water usage up to the tier two water usage threshold. The tier two water usage threshold is the tier one water usage threshold plus the sum of the following:
[i] 
(8,000 gallons of water used) multiplied by (the number of individual commercial units in the structure);
[e] 
In the event that the tier two water usage threshold is exceeded, then there is an additional fee of $12.24 for every 1,000 gallons of water used during the last measurement period in excess of the tier two water usage.
(b) 
Credit for installation of an additional meter to separate the uses. For mixed-use structures, the Borough will provide the owner a onetime credit not to exceed $500 (based on actual, verifiable costs) for the installation of an additional water meter to isolate the dwelling units from the commercial units within the structure. No more than one credit per property will be authorized.
A. 
The following provisions shall be applicable to Schedules A through D, inclusive, of § 215-5:
(1) 
The charges prescribed in the various schedules are cumulative, and in the event that in any one building there are various classifications for which separate charges are established, the service charge for the entire building is the sum of the charges for the various applicable classifications.
(2) 
For installations or connections after January 1 of any year, the annual charge shall be equivalent to the ratio which the number of months or major fraction thereof unexpired to the end of the calendar year bears to 12.
B. 
In respect to Schedules A and B, the number of employees of an employer, the number of persons staffing a business or organization, shall be determined as of the November 30 immediately preceding the annual bill, except that if in any particular case the conditions prevailing on the date prescribed as aforesaid are not, in the opinion of the Borough, truly representative of the conditions prevailing during the six-month period immediately preceding the billing date, then the Borough may determine such factors as of any date during the six months immediately preceding the annual billing date which, in its opinion, reflect conditions generally prevailing in such case during the six-month period.
[Amended 12-12-1983 by Ord. No. 1983-17]
A. 
No commercial or industrial user shall discharge, deposit, cause or allow to be discharged or deposited in the Borough treatment works any wastewater until the user shall apply for and obtain a permit.
B. 
No person shall discharge, deposit, cause or allow to be discharged or deposited into the Borough treatment works any wastewater which significantly contributes to a violation of the parameters in the Borough's New Jersey Pollutant Discharge Elimination System permit or which contains any of the following:
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(1), Oil and grease, was repealed 8-24-2005 by Ord. No. 2005-12.
(2) 
Explosive and/or flammable mixtures. Liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the treatment works or to the operation of the works; such materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides waste streams with a closed cup flash point of less than 140° F. or 60° C. using test methods specified in 40 CFR 261-21. If in the event the New Jersey Department of Environmental Protection shall adopt standards regulating the discharge of such substances, said standards, if more stringent, shall be applicable.
[Amended 8-24-2005 by Ord. No. 2005-12]
(3) 
Noxious materials. Pollutants which, either singly or by interaction with other wastes, are malodorous, are capable of creating a public nuisance or hazard to life or health or are present in sufficient concentrations to prevent entry into the treatment works for its maintenance and repair. The standards applicable are as determined by 40 CFR 128.131, as amended by Section 403 of the Federal Clean Water Act.
(4) 
Improperly shredded garbage. Garbage that has not been ground or comminuted to such a degree that all particles will be floating or carried freely in suspension under flow conditions normally prevailing in the treatment works, with no particle greater than 1/2 inch in any dimension. The discharge of any improperly shredded garbage is prohibited. This prohibition does not apply to the use of garbage disposal units in private dwellings whose only discharge is domestic wastewater.
(5) 
Radioactive wastes. Prohibited, except in conformance with N.J.A.C. 7:28-11.2 (Disposal of Radioactive Materials -- Disposal by Release Into Sanitary Sewerage Systems).
(6) 
Solid or viscous wastes. Solid or viscous wastes which will or may cause obstructions to the flow in a sewer or otherwise interfere with the proper operation of the treatment works; prohibited materials include, but are not limited to, grease, improperly shredded garbage, animal guts or tissues, diseased human organs or tissue fluids, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubrication oil, and similar substances. (Other materials may be specified at the discretion of the Borough.)
(7) 
Excessive discharge. Wastewater at a flow rate that exceeds for any time period longer than 15 minutes more than five times the average daily flow rate of the industrial user during normal operations or containing such concentrations or quantities of pollutants that would cause a treatment process upset, interference or loss of treatment efficiency.
(8) 
Toxic pollutants. Any toxic pollutant in amounts exceeding standards established by any applicable federal or State of New Jersey statute or regulations.
(9) 
Stormwater. Discharge of stormwater, including surface and ground water from sump pumps and cellar drains, into the treatment works from any source.
(10) 
Discolored materials. Concentrated dye wastes, spent tanning solutions or other wastes which are highly colored and which color cannot be removed by the Borough's sewage treatment plant.
(11) 
Substances interfering with sludge management. Any substance which may cause the Borough's treatment works sludge to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the Borough's treatment works is pursuing a reuse and reclamation program. In no case shall a substance discharged into the Borough's treatment works cause the treatment works to be in noncompliance with sludge use or disposal criteria, guidelines or regulations established by federal or State of New Jersey statutes or regulations or provisions of this chapter.
(12) 
Corrosive wastes. Any waste which will cause corrosion or deterioration of the treatment works. All wastes discharged to the treatment works may not have a pH value lower than 5.5 or greater than 9.5 standard units. Prohibited materials include, but are not limited to, concentrated acids, alkalies, sulfides, chloride and fluoride compounds and substances which will react with water to form acidic or alkaline products.
(13) 
Heat. Heat in the amounts which will inhibit biological activity in the treatment works, resulting in interference or causing damage, but in no case heat in such quantities that the temperature exceeds 65° C. (150° F.) at the point of industrial or commercial discharge and 40° C. (104° F.) at the treatment works plant.
[Amended 12-13-1983 by Ord. No. 1983-17; 8-24-2005 by Ord. No. 2005-12]
A. 
No waste shall be permitted to be discharged into the Borough’s sewerage system which contains contaminates at concentrations greater than normal domestic unless specifically provided under Subsection B below.
B. 
No wastewater shall be permitted into the Borough’s sewerage system containing unduly high concentrations of substances or characteristics which will interfere with the normal operations of the sewerage treatment plant of the Borough. Restrictions on wastewater discharge include, but are not limited to, the following:
(1) 
Any wastewater introduced into the Borough's sanitary sewerage system shall not have a composition outside of the range stated below, as determined by analysis of inflow to the system:
[Amended 11-13-2006 by Ord. No. 2006-21]
Pollutant Of Concern
Local Limits
Units
Biological:
Biochemical oxygen demand (BOD)
1,005
mg/l
Total suspended solids (TSS)
451
mg/l
Ammonia-nitrogen
100
mg/l
Oil and grease
100/150*
mg/l
Toxins:
Cyanide
0.169
mg/l
Volatile organics:
1,2-Dichloroethane
0.00479
mg/l
Trichloroethene (TCE)
0.251
mg/l
Tetrachloroethene (PCE)
0.0347
mg/l
Miscellaneous:
Chloroform
0.173
mg/l
Phenolics
0.0232
mg/l
Surfactants (MBAs)
126
mg/l
Total petroleum HC's (nonpolar)
100/150*
mg/l
pH
5 to 9.5
S.U.
Metals:
Antimony
0.187
mg/l
Arsenic
0.25**
mg/l
Barium
50.4
mg/l
Cadmium
0.0316
mg/l
Chromium
4.22
mg/l
Copper
0.378
mg/l
Lead
0.104
mg/l
Mercury
0.003**
mg/l
Molybdenum
0.127
mg/1
Nickel
0.548
mg/l
Selenium
0.101
mg/l
Silver
0.383
mg/1
Zinc
0.637
mg/l
NOTES:
* Where the actual concentrations are less than 300 mg/l for BOD or TSS and 50 mg/l for oil and grease, the value in the parentheses shall be equal to "1."
** These limits are based on readily available treatment technology and are subject to the imposition of best management practices approved by the Borough at such time as quantities of these pollutants become a concern in the Borough's STP effluent or sludge.
(2) 
Other limits:
(a) 
pH (standard units): Within range of 5.0-9.5 at all times.
(b) 
Flash point: not less than 60°C. at any time.
C. 
Surcharge.
[Added 11-13-2006 by Ord. No. 2006-21]
(1) 
The surcharge for treatment of wastes referred in the preceding subsection shall be based on the following formula:
(2) 
The imposition of this surcharge shall in no way limit the Borough from taking any remedial action as otherwise authorized by the Sewer Ordinance or applicable law.
[Amended 12-12-1983 by Ord. No. 1983-17]
Upon the effective date of any federal statute or regulations establishing a standard for a particular industrial or commercial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. Affected users shall comply with the applicable standard(s) by the compliance deadlines specified in 40 CFR 403.6(b). All users subject to federal categorical pretreatment standards shall, at a minimum, comply with the reporting requirements contained in 40 CFR 403.12.
[Amended 12-12-1983 by Ord. No. 1983-17; 8-24-2005 by Ord. No. 2005-12]
State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter. Any user proposing to initiate a substantial change in activity, including but not limited to initiating any activity which causes the user to become a significant indirect user (SIU), as defined by N.J.A.C. 7:14 A-1 et seq., or become aware that it is a SIC and has not previously informed the Borough of Palmyra in writing within 30 days. No user shall construe this requirement as a waiver of any requirement to directly inform the New Jersey Department of Environment Protection (DEP) of any existing, new or proposed activity or to obtain any permit or permit modification from DEP.
No industrial or commercial user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this chapter.
If wastewaters containing any substance prohibited, exceeding prescribed limits or violating restrictions imposed by this chapter are discharged into the treatment works, the Borough shall take all actions necessary to:
A. 
Prohibit the discharge of such wastewater.
B. 
Require an industrial user to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances so as to be in conformance with this chapter.
C. 
Require pretreatment, including storage facilities, or flow equalization necessary to ensure complete compliance with this chapter.
D. 
Require the discharger making, causing or allowing the discharge to pay all the additional cost or expense incurred by the Borough for any damages caused by excess loads imposed on the treatment works.
E. 
Take such other remedial action, including discontinuation of service, as may be deemed to be desirable or necessary to achieve the purpose of this chapter.
Dischargers shall provide necessary wastewater pretreatment as required to comply with this chapter and shall achieve compliance with all applicable federal and State of New Jersey statutes and regulations within the time limitations as specified therein. Pretreatment facilities, where required, shall be provided for and operated efficiently by the owner or operator at his/her own cost and expense and shall be maintained in good working order, subject to the requirements of this chapter and all other applicable federal, state or local statutes, regulations or ordinances.
Where pretreatment or equalization of wastewater flows prior to discharge into any part of the treatment works is required, plans, specifications, operating procedures and other pertinent data or information relating to such pretreatment or flow-control facilities shall first be submitted by the discharger to the Borough for review, comment and/or approval. The review of such plans and operating procedures will in no way relieve the discharger from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Borough under the provisions of this chapter. Furthermore, any approval shall not exempt the discharge of such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent modifications to such pretreatment or flow-control facilities or in any method of operation which may affect the discharge shall not be made without due notice to and prior permission of the Borough. Upon approval of the submitted plan, the Borough will cause a permit to be issued which shall be valid for one year from the date of issuance.
A. 
An applicant for a permit shall pay the following fees: an application fee in the amount of $200, plus a fee in the amount of $100 for each year of the permit.
B. 
All applicants shall reimburse the Borough for any reasonable fee paid by the Borough for professional review of applications or services rendered to review plans for construction or necessitated as a result of pretreatment equipment malfunction, accidental discharge or failure to comply with the provisions of this chapter.
A. 
Whenever it shall be necessary for the purpose of this chapter, the Borough, federal and state representatives, upon the presentation of credentials, may enter upon the premises of any discharger at reasonable times for the purpose of inspecting or copying any records required to be kept under the provisions of this chapter.
B. 
The Borough, federal and state representatives, upon presentation of credentials, may enter upon the premises of any discharger at any time for the purpose of inspecting and monitoring equipment or methods and/or measuring, sampling and/or testing any discharge of wastewater to the treatment works in order to determine compliance with any pretreatment standard.
A. 
Notification of discharge. Permittees shall notify the Borough immediately upon accidentally discharging waste in violation of this chapter and/or the permit issued for such discharge, to enable countermeasures to be taken by the Borough and to minimize damage to the Borough sewage treatment facilities, treatment processes and the receiving waters. Such permittee shall also take immediate action to contain and minimize the accidental discharge so as to prevent interference with and to minimize damage to the Borough sewage treatment facilities. This notification shall be followed within 15 days of the date of this occurrence by a detailed written statement describing the causes of the accidental discharge and the measures taken to prevent future occurrences.
[Amended 12-12-1983 by Ord. No. 1983-17]
B. 
Notice to employees. In order that employees of the users are informed of the Borough's requirements, users shall make available to their employees copies of this chapter, together with such other wastewater information and notices which may be furnished by the Borough from time to time, directed to more effective water pollution control. A notice shall be furnished and permanently posted on the permittee's bulletin board advising employees whom to call in case of an accidental discharge in violation of this chapter and/or the permit issued hereunder.
C. 
Submission of time schedules. When the Borough finds that a discharge of wastewater has taken place in violation of prohibitions or limitations prescribed by this chapter and/or the permit issued hereunder, the Borough may require the permittee to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions which the permittee shall take in order to prevent or correct a violation of requirements. The applicability of this section is not limited to accidental discharge.
[Amended 12-12-1983 by Ord. No. 1983-17]
All industrial and commercial users subject to federal categorical pretreatment standards shall, when complying with the reporting requirements contained in 40 CFR 403.12, file a copy of said report with the Borough. The applicability of this section is not limited to accidental discharge. All industrial and commercial users shall, when complying with all applicable state pretreatment reporting requirements, file a copy of said report with the Borough.
A. 
All industrial and commercial users who discharge or propose to discharge wastewaters to the treatment works shall maintain such records of production and related factors, effluent flows and pollutant amounts or concentrations as are necessary to demonstrate compliance with the requirements of this chapter and any applicable state and federal pretreatment standards or requirements.
B. 
Such records shall be made available upon request by the Borough. All such records relating to compliance with pretreatment standards shall be made available to officials of the New Jersey Department of Environmental Protection and the Environmental Protection Agency upon demand.
C. 
The owner or operator of the premises or facility discharging industrial wastes into the treatment works shall install at his/her own cost and expense suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of wastes. Such equipment shall be maintained in proper working order and kept safe and accessible at all times. This subsection does not preclude the Borough from installing such equipment at its own expense.
A. 
Representative sampling point. All industrial users proposing to connect to or continue to discharge to any part of the treatment works must make available a sampling point representative of the discharge which is acceptable to and approved by the Borough. This point must be available to the Borough, the New Jersey Department of Environmental Protection or the Environmental Protection Agency for purposes of conducting sampling inspections, compliance monitoring and/or metering operations.
B. 
Compliance determination. Compliance determinations by the Borough, the state and/or the federal government, with respect to the prohibitions and limitations of applicable regulations and statutes, shall be made on the basis of either instantaneous grab samples or twenty-four-hour composite samples of wastewater or as otherwise may be determined by the Borough, the state or the federal government.
C. 
Analysis of industrial wastewaters. Laboratory analysis of industrial wastewater samples shall be performed in accordance with an approved test procedure as defined in 40 CFR Part 136.
D. 
Sampling frequency. Sampling of industrial wastewater for the purpose of compliance determination with respect to the prohibitions and limitations of this chapter will be done at such intervals as the Borough may designate. However, it is the intention of the Borough to conduct compliance sampling or to cause such sampling to be conducted for all significant industrial users at least once in every one-year period.
[Amended 12-12-1983 by Ord. No. 1983-17]
A. 
Information and data on a commercial or industrial user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspection shall be available to the public or other governmental agency without restriction unless the commercial or industrial user specifically requests and is able to demonstrate to the satisfaction of the Borough that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the commercial or industrial user. Wastewater constituents and characteristics will not be recognized as confidential information.
B. 
When information accepted by the Borough as confidential is requested by a state or federal agency for uses related to this chapter or applicable federal and state regulations and statutes, the Borough shall refer these requests to the person who furnished the information in question.
[Amended 8-24-2005 by Ord. No. 2005-12]
A. 
Enforcing official. The provisions of Chapter 215 shall be enforced by the Sewer Superintendent or his/her designee, including in all instances the Borough or Sewer Engineer.
B. 
Termination of service.
(1) 
Level: emergency termination of service.
(a) 
The Sewer Superintendent is authorized to suspend wastewater treatment service and/or the discharge permit when such suspension is necessary in order to stop an actual or threatened discharge which represents or may present an imminent or substantial endangerment to the health or welfare of person(s) or to the environment, or which causes or contributes to interference to the treatment works or causes or contributes to causing the Borough's violating any conditions of its federal or state permits. In such circumstances, the Sewer Superintendent may disconnect the property owner's connection on the property where the violation exists from the public sewer and may collect the cost of making such disconnection from any person(s) responsible for or who profited by such violation.
[Amended 11-13-2006 by Ord. No. 2006-21]
(b) 
Any permittee notified of suspension of the wastewater treatment service and/or the discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Borough shall take such steps as deemed necessary, including immediate severance of the sewer connection pursuant to N.J.S.A. 58:11-56, to prevent or minimize damage to the system or endangerment to any individuals. The Borough shall reinstate the 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 Borough within 15 days of the date of occurrence.
(2) 
Level 2: general conditions for termination of service. In addition to termination as provided above, any discharger who violates the following conditions of this chapter or applicable state and federal statute and/or regulations is subject to having his service terminated in accordance with N.J.S.A. 58:11-56.
(a) 
Failure of an industrial user to factually report the wastewater constituents and characteristics of his discharge;
(b) 
Failure of the industrial user to report significant changes in operations or wastewater constituents and characteristics;
(c) 
Refusal of reasonable access to the discharger’s premises for the purpose of inspection or monitoring; or
(d) 
Significant violation of the provisions of this chapter.
[Added 11-17-2014 by Ord. No. 2014-17[1]]
A. 
In the event that any user of the sewerage system was not billed for any connection charge or any service charge in accordance with this chapter, the Borough shall, upon discovery of such error or deficiency, cause a sewer bill to issue to such user in the amount of the nonpayment and said sum shall be payable without interest in four equal installments as follows:
(1) 
First installment due 60 days from the date of the billing;
(2) 
Second installment due six months after due date of first installment;
(3) 
Third installment due six months after due date of second installment; and
(4) 
Fourth installment due six months after due date of third installment.
B. 
As set forth above, the Borough shall be permitted to correct any sewer bill that was erroneously not issued within six years from the date of the service provided. Under no circumstances shall a user be responsible for any retroactive billing that pre-dated the user's ownership of the property that is the utilizing the sewerage system.
C. 
The user's property shall not be subject to tax lien sale for nonpayment or underpayment as set forth above, except in the event of failure to make full payment of the total amount billed by the year following the due date of the fourth installment.
D. 
Any refund owed by the Borough to any user of the sewerage system shall be applied to any future sewer billings to the user.
[1]
Editor's Note: Former § 215-25, Termination of service, was repealed 8-24-2005 by Ord. No. 2005-12.
[Amended 8-24-2005 by Ord. No. 2005-12]
A. 
Notice of violation. When the Sewer Superintendent, Borough Engineer or Sewer Engineer determines that a licensee is in violation of this chapter, he or she shall notify the licensee in writing, either by certified mail or in person. The notice shall state the location of the operation and the subsection of this section which is being violated and shall contain an itemized list of the requirements necessary to effect compliance with said section. The notice shall also grant the licensee a compliance period, determined by the Borough Engineer/Sewer Engineer, within which to correct the violation. Any licensee who fails to comply with the order within the granted time may have his treatment service suspended or be fined until the order is complied with. The licensee may appeal any determination of violation to the Borough Council by serving written notice of appeal upon the Borough Clerk within five days from the date of service of the violation notice.
B. 
Penalties.
(1) 
Any person who shall violate any of the provisions of this chapter or fails to comply therewith, or who shall violate or fails to comply with any order or regulation made under this chapter, and any person who may be employed or assist in the commission of any such violations, shall be subject to the following fines (upon conviction).
(a) 
First offense: up to $500.
(b) 
Second offense: up to $750.
(c) 
Third offense: up to $1,000.
(2) 
Further offenses may be fined at a maximum of $1,000 per day; each day during which such violations shall continue or are allowed to exist shall constitute separate and distinct offenses.
(3) 
Notwithstanding any penalties, the licensee shall remain responsible for the connection and disconnection costs outlined in § 215-24.
If any provision of this chapter in its application to any person or circumstances is held invalid, the remainder of the regulations or the application of such provisions to other persons or other circumstances shall not be affected.
The permit issued under this chapter is issued to a specific user for a specific operation. The permit shall not be assigned, transferred or sold to a new owner, new user, different premises or a new or changed operation.