[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.
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]
[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 $3,948.71. 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]
(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").
(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]
Said connection to the sewer system shall comply
with the rules and regulations of the Borough Sewer Utility, either
now or hereafter adopted.
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]
A.
DWELLING UNIT
MIXED-USE STRUCTURE
OWNER
Definitions.
A residential unit providing complete, independent living
facilities including permanent provisions for living, sleeping, eating,
cooking and sanitation.
A structure/building containing one or more dwelling unit(s)
and one or more commercial unit(s).
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.
(a)
Use.
[1]
The owner of each dwelling unit shall pay a sewer charge of
$436 per year. One annual $20 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.
[2]
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.
[3]
In addition, every veteran, a citizen and resident of the Borough
of Palmyra, who is receiving a veteran's 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:
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Churches
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Professional offices, retail business stores or shops
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Garage and filling stations without car wash
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Restaurants and caterers, fast-food takeout
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Banks and financial institutions
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Business and financial institutions
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Business and alcoholic consumption
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Beauty salons and barbershops
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Post office
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Funeral homes
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Bowling alleys
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Automobile dealerships, with showroom
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Automobile dealerships, without showroom
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Lodges and clubs
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Bridge complexes
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Other commercial properties
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All of the above are referred to as "Category B Users."
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(b)
Annual rate. The owner of each Category B User shall pay a base
rate of $746 annually that shall be paid semiannually in two installments
of $373 each.
(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 semiannually 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. 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 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 sewer charges payable by the owner for Period
2 shall be computed as set forth in the preceding subsection.
[d]
For facilities that pre-treat 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.
[e]
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:
[i]
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.
(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) of this § 215-5. 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 three times
$436 for the dwelling units and two times $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.
[a]
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").
[b]
The additional fee shall be paid by semiannually
and shall be computed as follows:
[i]
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:
[ii]
This sum shall be referred to as the Base Amount.
[iii]
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:
[A]
8,000 gallons of water used multiplied by the number
of individual commercial units in the structure;
[iv]
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:
[A]
8,000 gallons of water used multiplied by the number
of individual commercial units in the structure.
[v]
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 one-time 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.
The annual service charges or rentals for the
use of the sewerage system shall be due and payable on the first day
of June of each year.
[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:
(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]
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Pollutant Of Concern
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Local Limits
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Units
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|---|---|---|---|---|
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Biological:
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Biochemical oxygen demand (BOD)
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1,005
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mg/l
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Total suspended solids (TSS)
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451
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mg/l
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Ammonia-nitrogen
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100
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mg/l
| ||
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Oil and grease
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100/150*
|
mg/l
| ||
|
Toxins:
| ||||
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Cyanide
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0.169
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mg/l
| ||
|
Volatile organics:
| ||||
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1,2-Dichloroethane
|
0.00479
|
mg/l
| ||
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Trichloroethene (TCE)
|
0.251
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mg/l
| ||
|
Tetrachloroethene (PCE)
|
0.0347
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mg/l
| ||
|
Miscellaneous:
| ||||
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Chloroform
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0.173
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mg/l
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Phenolics
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0.0232
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mg/l
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Surfactants (MBAs)
|
126
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mg/l
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Total petroleum HC's (nonpolar)
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100/150*
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mg/l
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pH
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5 to 9.5
|
S.U.
| ||
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Metals:
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Antimony
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0.187
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mg/l
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Arsenic
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0.25**
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mg/l
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Barium
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50.4
|
mg/l
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Cadmium
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0.0316
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mg/l
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Chromium
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4.22
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mg/l
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Copper
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0.378
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mg/l
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Lead
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0.104
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mg/l
| ||
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Mercury
|
0.003**
|
mg/l
| ||
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Molybdenum
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0.127
|
mg/1
| ||
|
Nickel
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0.548
|
mg/l
| ||
|
Selenium
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0.101
|
mg/l
| ||
|
Silver
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0.383
|
mg/1
| ||
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Zinc
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0.637
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mg/l
| ||
|
NOTES:
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|---|---|
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* 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."
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** 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.
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C.
Surcharge.
[Added 11-13-2006 by Ord. No. 2006-21]
[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.
The Borough reserves the right to establish
by ordinance more stringent limitations or requirements on discharges
to the treatment works if deemed necessary.
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:
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).
(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.
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.
