[Adopted 12-13-1977 by Ord. No. 3251 (Ch.
434, Art. I, of the 2004 Code)]
Unless the context otherwise requires, the meanings
of terms used herein shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
The measure of the organic matter present in the sewage as
determined by the dichromatic reflux method and expressed in milligrams
per liter [parts per million (ppm)].
The amount of chlorine expressed in milligrams per liter,
or parts per million by weight, which will complete the normal reactions
with all chemicals and materials in the sewage leaving an excess of
0.1 milligram per liter (0.1 part per million by weight), after 30
minutes' contact time at room temperature of approximately 70°
F.
Oil, fat or grease in a physical state which will separate
by gravity from wastewater through treatment in an approved pretreatment
facility. A wastewater shall be considered free of "floatable oil"
if it is properly pretreated in such a manner that the discharged
wastewater does not interfere with the wastewater facilities.
Any material which is extractable from an acidified sample
of a waste by hexane or other designated solvent.
The electronegative metals with a density greater than five
grams per cubic centimeter, including but not limited to lead, chromium,
mercury, nickel and zinc, plus the nonmetallic element arsenic.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
The municipalities of the City of East Orange, the Township
of Hillside, the Township of Irvington, the Township of Maplewood,
the Township of Millburn, the City of Newark, the Borough of Roselle
Park, the Village of South Orange, the City of Summit, the Township
of Union and the Town of West Orange, organized in Joint Meeting pursuant
to N.J.S.A. 40:63-68 et seq., under the terms of a contract dated
June 1, 1926, as supplemented, in the matter of an outlet sewer and
treatment plant for said municipalities and, when the context requires,
shall mean the Executive Director or his authorized deputy, agent
or representative.
Includes the joint outlet or trunk sewer constructed by the
several municipalities under a contract dated March 15, 1901; the
supplementary joint trunk sewer and sewage disposal plant constructed
under a contract between the member municipalities, dated June 1,
1926, and contract, dated March 9, 1931; or shall mean any trunk sewer
theretofore or thereafter constructed and maintained by the Joint
Meeting.
An industrial user of municipal or Joint Meeting wastewater
facilities that:
Has a flow of 50,000 gallons or more per workday.
Has in its waste toxic substances injurious
to the treatment process or sewer system.
Is found by USEPA, NJDEP, Joint Meeting or municipality
to have a significant impact, either singly or in combination with
other contributing industries, on municipal or Joint Meeting wastewater
facilities or upon the quality of effluent from these wastewater facilities
Has a detrimental effect upon human health or
welfare.
The State of New Jersey Department of Environmental Protection,
or successor agency.
Any mobile vehicle, piece of equipment or appurtenance thereof
that is utilized in the discharge of waste or wastewater to any sewer
or natural outlet. The term includes, but is not limited to, tank
trucks and dump trucks, as well as associated equipment and appurtenances.
Fixed permanent or semipermanent equipment is excluded from the category
of nonstationary source, and is regulated elsewhere in this article.
National Pollutant Discharge Elimination System.
Any individual, firm, company, partnership, society, association,
corporation (public or private) or group, including heirs, executors,
administrators or assigns.
That portion of the total extractable grease or fats, which
is not retained on an activated alumina absorption column after elutriating
with hexane.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
Treatment given to waste by other than residential users
prior to its direct or indirect discharge to municipal or Joint Meeting
wastewater facilities to remove illegal and/or undesirable waste constituents,
or to reduce the strength of waste prior to discharge to publicly
owned wastewater facilities.
A sewer which carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground-, surface and storm waters as may be present.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period, of duration longer than 15 minutes, more than five
times the average twenty-four-hour concentration or flows during normal
operation.
Solids that either float on the surface of, or are in suspension
in water, sewage or other liquids, and which are removable by laboratory
filtering.
The United States Environmental Protection Agency, or successor
agency.
A.
Connections or
building sewers shall, wherever possible, be made to local sewers
and not to Joint Meeting main lines or trunk sewers. No municipality
or person shall make any direct connection with the joint sewer or
alter or repair any connection with the joint sewer without having
first obtained a written permit from the Joint Meeting and from the
Township of Union.
B.
Each permit to
connect with the joint sewer, if and when issued, will require that
the applicant for such permit agree that it or he will carefully make
the connection with the joint sewer in the manner prescribed by the
rules and regulations of the Joint Meeting; that it or he will indemnify
and save harmless the Joint Meeting from all accidents and damages
caused by any negligence in protecting his work or any imperfect or
inadequate work done by virtue of such permit; that it or he will
faithfully comply with the ordinances of the municipality and that
he will replace and restore the sidewalk, pavement or street surface
over any opening he may have made, the work to be subject to the inspection
and approval of the Joint Meeting.
C.
Connections with
the joint sewer shall be made only by a plumber licensed in the municipality
where the connection is to be made or by some other person duly authorized
by the Joint Meeting. Connections shall be made with suitable materials
approved by the Joint Meeting. All work included in the construction
of connections with the joint sewer, or relating thereto, shall be
done to the satisfaction of the Joint Meeting, and the person or persons
doing said work shall accept as final all decisions of the Joint Meeting
as to the fitness of all materials furnished or work done and shall
immediately replace all work rejected.
D.
Connections shall
be such as to provide flexibility and watertight joints. A manhole
shall be provided, if required. Connections shall include a cast-iron
hub set and sealed in the main sewer. No connections shall be covered
until inspected by the Joint Meeting. No top connections will be permitted.
[Amended 9-13-1994 by Ord. No. 4354]
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater (except as set forth below),
roof runoff, subsurface drainage, uncontaminated cooling water or
unpolluted industrial process waters to any sanitary sewer.
A.
Direct or indirect
discharges of groundwater to the Joint Meeting Wastewater Treatment
Facilities shall only be permitted under the following circumstances:
(1)
The proposed
discharger or applicant has filed an application for and has been
issued a nondomestic wastewater discharge permit ("permit") by the
Joint Meeting.
(2)
For long-term,
continuous discharges, the Township of Union (hereinafter referred
to as the "municipality"), at the election of the municipality, the
proposed discharger or applicant ("municipality/applicant") will be
required to identify and eliminate two gallons of infiltration/inflow
to the Joint Meeting Wastewater Treatment Facilities for each gallon
of groundwater to be delivered into the Joint Meeting Wastewater Treatment
Facilities on a daily average over the life of the remediation project
discharge (two-to-one offset).
(a)
The location(s)
of the remedial work to be performed by the municipality/applicant
shall be identified by the use of the Phase III Sewer System Evaluation
Report, prepared by Hazen and Sawyer, dated August 1983, and as supplemented,
which was previously distributed by the Joint Meeting to each member
municipality in the Joint Meeting service area, or such other report
as may be available in the case of nonmember municipalities.
(b)
The remedial
work to be performed by the municipality/applicant shall be completed
within a time period that shall not exceed 1/2 of the time frame of
the remediation project discharge estimated by the proposed discharger
or applicant and approved by the municipality and the Joint Meeting.
In the event that extraordinary, unforeseen circumstances occur that
will affect the ability of the municipality/applicant to meet the
time period previously agreed upon by the parties for completion of
the infiltration/inflow remedial work, the municipality/applicant
may seek an extension of the time period through the filing of a written
request, not less than 60 days before a previously defined and agreed
upon milestone, fully describing the extraordinary, unforeseen circumstances
and specifying the additional time necessary to complete the remedial
work as a result thereof. Such requests for extensions will be considered
by the Joint Meeting on a case-by-case basis, and an extension of
time shall not be unreasonably withheld.
(c)
An applicant
may not discharge groundwater to the Joint Meeting Wastewater Treatment
Facilities until it has obtained a permit and an agreement is reached
between the Joint Meeting and the municipality and/or the applicant
upon the terms of the remediation work to be performed to satisfy
the two-to-one offset policy set forth in this regulation.
(d)
At intervals to be mutually agreed upon by the municipality/applicant and the Joint Meeting, the municipality/applicant shall be required to demonstrate, in written progress reports, to the satisfaction of the Joint Meeting, that the municipality/applicant is making definable progress in performing the remedial work so as to be able to complete the work within the time frame established in accordance with Subsection A(2)(b) above.
(e)
The Engineer
of the municipality where the remedial work has been performed will
be required to submit to Joint Meeting a certification stating that
the remedial work has been completed, and such certification must
be submitted within one week of the date of the completion of the
work.
(f)
After the
time that the location(s) of the remedial work is identified by the
municipality and agreed to by the Joint Meeting, but prior to the
initiation of the remedial work, the municipality/applicant will be
required to submit proof to the Joint Meeting that a performance bond
in the amount of 100% of the value of the remedial work and naming
the Joint Meeting as a co-obligee has been issued to ensure that such
work is completely performed.
(3)
Short-term,
batch discharges.
(a)
For short-term,
batch discharges, the municipality/applicant will be required to identify
and eliminate two gallons of infiltration/inflow into the Joint Meeting
Wastewater Treatment Facilities for each gallon of groundwater to
be delivered to the Joint Meeting Treatment Works on a daily average
over the life of the remediation project discharge (two-to-one offset);
or
(b)
The material
to be discharged from the site of the remediation project may be delivered
in tanker vehicles to the Joint Meeting Wastewater Treatment Facilities
in Elizabeth, New Jersey, for direct discharge at a rate of $0.03
per gallon, for example, $150 per five-thousand-gallon trailer, to
compensate the Joint Meeting for the costs to sample, monitor and
process the discharge. The use of this option will be at the reasonable
discretion of the Joint Meeting in order to avoid the arrival of a
number of trailers that will adversely impact the performance of treatment
operations by the Joint Meeting.
(4)
In the event
the two-to-one offset option is selected with respect to short-term,
batch discharges, then the following procedures shall apply:
(a)
The location(s)
of the remedial work to be performed by the municipality/applicant
shall be identified by the municipality and agreed to by the Joint
Meeting through the use of the Phase III Sewer System Evaluation Report,
prepared by Hazen and Sawyer, dated August 1983, and as supplemented,
which was previously distributed by the Joint Meeting to each member
municipality in the Joint Meeting service area, or such other report
as may be available in the case of nonmember municipalities.
(b)
The remedial
work to be performed by the municipality/applicant shall be completed
within a time period that shall not exceed 1/2 of the time frame of
the remediation project discharge estimated by the proposed discharger
or applicant and approved by the municipality and Joint Meeting. In
the event that extraordinary, unforeseen circumstances occur that
will affect the ability of the municipality/applicant to meet the
time period previously agreed upon by the parties for completion of
the infiltration/inflow remedial work, the municipality/applicant
may seek an extension of the time period through the filing of a written
request, not less than 60 days before a previously defined and agreed
upon milestone, fully describing the extraordinary, unforeseen circumstances
and specifying the additional time necessary to complete the remedial
work as a result thereof. Such requests for extensions will be considered
by the Joint Meeting on a case-by-case basis, and an extension of
time shall not be unreasonably withheld.
(c)
An applicant
may not discharge groundwater to the Joint Meeting Wastewater Treatment
Facilities until it has obtained a permit and an agreement is reached
between the Joint Meeting and the municipality and/or the applicant
upon the terms of the remediation work to be performed to satisfy
the two-to-one offset policy set forth in this regulation should this
option be selected with respect to a short-term, batch discharge.
(d)
At intervals to be mutually agreed upon by the municipality/applicant and the Joint Meeting, the municipality/applicant shall be required to demonstrate, in written progress reports, to the satisfaction of the Joint Meeting, that the municipality/applicant is making definable progress in performing the remedial work so as to be able to complete the work within the time frame established in accordance with Subsection A(4)(b) above.
(e)
The Engineer
of the municipality where the remedial work has been performed will
be required to submit to the Joint Meeting a certification stating
that the remedial work has been completed, and such certification
must be submitted within one week of the date of the completion of
the work.
(f)
After the
time that the location(s) of the remedial work is identified by the
municipality and agreed to by the Joint Meeting, but prior to the
initiation of the remedial work, the municipality/applicant will be
required to submit proof to the Joint Meeting that a performance bond
in the amount of 100% of the value of the remedial work and naming
the Joint Meeting as a co-obligee has been issued to ensure that such
work is completely performed.
(5)
The groundwater
to be discharged to the Joint Meeting Wastewater Treatment Facilities
pursuant to a permit will be, at all times, subject to analyses by
the Joint Meeting, at the sole cost of the applicant, to ensure that
the proposed discharge shall meet the quality limits as set forth
in these Sewer Use Rules and Regulations. At any time during the period
of the discharge of groundwater to the Joint Meeting, a failure by
the applicant to meet such quality limits shall be the basis for a
revocation of the permit and a discontinuation of the discharge and/or
such enforcement measures as are authorized by law to be taken by
the Joint Meeting.
(6)
The proposed
discharger or applicant shall be obligated to institute pretreatment
measures prior to the direct or indirect discharge of groundwater
to the Joint Meeting in the event that the groundwater fails to meet
the parameters for acceptance of the discharge set forth in the Sewer
Use Rules and Regulations.
(7)
Credits for
future discharges of groundwater through the removal of infiltration/inflow
pursuant to the above provisions may be accumulated or banked; however,
such credits may only be transferred in accordance with ownership
of the site identified as the source of groundwater at the time of
the performance of the remediation work.
[Added 2-25-2003 by Ord. No. 4763]
A restaurant shall be defined as an establishment
in which food is permitted to be consumed on site. Food establishments
shall hereinafter be defined as those in which food is prepared but
sold for off-site consumption.
[Added 2-25-2003 by Ord. No. 4763]
Every food establishment, new or existing, whether
retail or wholesale, that generates any amount of grease shall have
a grease interceptor installed downstream of the fixture used to wash
its multiuse utensils and equipment. Such fixture shall be a mechanical
dishwasher or multicompartment sink.
A.
The person or
firm installing the grease interceptor shall first obtain a permit
from the Township of Union, Building Department.
B.
The grease interceptor
shall not be installed closer than 10 feet to the utensil washing
fixture it serves, without permission from the Township of Union,
Building Department. The grease interceptor is to be installed as
far away from the mechanical dishwasher as reasonably possible.
C.
Grease shall be
allowed to congeal overnight, and the grease interceptor interior
shall be inspected as soon as the establishment is opened the following
business day to determine the thickness of the layer of grease. These
inspections shall be conducted daily. If and when the grease layer
reaches a thickness of one inch or rises to within one inch of the
outlet baffle, it shall be removed from the interceptor, and placed
into an approved exterior grease container. Small grease generators
not requiring an exterior grease container shall be permitted to place
the accumulation into a small plastic bag and dispose of the grease
in a garbage receptacle. The grease shall be removed from the interceptor
at frequent enough intervals to prevent grease in excess of the Joint
Meeting of Essex and Union County limit of 100 ml/l from entering
the Township of Union sanitary system and to prevent waste back-up
within the establishment or elsewhere.
D.
Proprietors must
inspect grease interceptors daily and maintain inspection records.
The records must be posted near the grease interceptor visible to
the Township inspector and must include the date of inspection, name
of the employee who performed the inspection, and the thickness of
the grease at the time of inspection.
[Added 10-26-2004 by Ord.
No. 4842]
[Added 2-25-2003 by Ord. No. 4763]
A.
Restaurants with
a seating capacity of 50 or more patrons, restaurants and takeout
food establishments as well as all food establishments with deep fryers
shall provide an exterior grease container and shall have the waste
grease and cooking oils placed therein for collection by a firm or
person qualified to remove it. The container used shall not be less
than 55 gallons and shall be equipped with a bung and a funnel. A
commercial grease container, in lieu of a drum, may be used to contain
liquid waste between collections. The funnel shall be used for pouring
the grease and oils into the drum, and the drum and surrounding area
shall be kept neat and clean.
B.
Restaurants and
fast-food establishments with a seating capacity of greater than or
equal to 100 shall provide a one-thousand-gallon exterior in-ground
grease interceptor, gravity fed to the interceptor and from the interceptor
to the sanitary system maintained by the municipality. The owner or
occupant of said establishment shall engage, under contract, a person,
firm or corporation to monitor and remove the grease at timely intervals.
C.
Proprietors must
inspect grease interceptors daily and maintain inspection records.
The records must be posted inside the establishment and must include
the date of inspection, employee's name who performed the inspection,
and the thickness of the grease at the time of inspection. Disposal
records must be maintained at the site and available for inspection
by Township officials. The records must list the date when grease
was removed from the interceptor, name of the company hired to remove
the grease, the volume of grease removed, and where it was disposed.
[Added 10-26-2004 by Ord.
No. 4842]
[Added 2-25-2003 by Ord. No. 4763]
For the purpose of this article, the Health Officer, all registered Environmental Health Specialists, the Superintendent of Public Works and his designee shall be designated as enforcing officers. The enforcing officers shall be authorized to designate as many subcode officials as deemed reasonable and necessary to carry out the purpose of §§ 466-4 through 466-9. The enforcing officer or his designee is authorized to act as a law enforcement officer solely with respect to the enforcement of the provisions of §§ 466-4 through 466-9 by being empowered to issue summonses for any violations of this §§ 466-4 through 466-9 in accordance with rules governing the courts of the State of New Jersey. In addition to the Superintendent of Public Works and/or his designee, all law enforcement officers shall be empowered to enforce the provisions of this §§ 466-4 through 466-9.
[Added 2-25-2003 by Ord. No. 4763; amended 10-26-2004 by Ord. No. 4842; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
Any person who violates, fails or neglects to comply with any provision of §§ 466-4 through 466-6 or code established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable to a fine of not less than $100 nor more than $2,000 for each violation. Each day that a violation continues beyond a given deadline shall constitute a separate and distinct offense and additional penalties may be imposed, including 90 days' imprisonment or 90 days' community service, or both fines and penalties, at the discretion of the Municipal Judge.
[Added 2-25-2003 by Ord. No. 4763]
As a precondition for the right to discharge
waste in any form into the sewers and wastewater facilities of the
municipality or the Joint Meeting, all industrial users shall provide
immediate access to their facilities at any time during which there
is a discharge to the wastewater facilities. Access shall also be
provided for the purpose of checking the quality of the discharge,
taking samples and making tests of the discharge, or for the purpose
of permitting the enforcement of this article and shall be made available
to the municipality, Joint Meeting, NJDEP and USEPA. All users shall
provide access to property and premises for inspection to determine
if there are any violations of the terms or provisions of this article.
As a precondition for the right to discharge
waste in any form into the sewers and wastewater facilities of the
municipality or the Joint Meeting, all persons subject to this article
shall be required to provide information to the municipality, Joint
Meeting, NJDEP or USEPA, as needed, to determine compliance with this
article. This information may include:
A.
Wastewater discharge
rate and volume over a specified time period.
B.
Chemical analysis
of wastewater.
C.
Information on
raw materials, processes and products affecting wastewater volume
and quality.
D.
Quantity and
disposition of specified liquid, sludge, oil, solvent or other materials
important to sewer use control.
E.
A plot plan of
sewers on the user's property showing sewer and pretreatment facility
location.
F.
Details of wastewater
pretreatment facilities.
G.
Details of systems
designed to prevent and/or control the loss of spilled materials to
the sanitary sewer (i.e., spill prevention plan).
H.
Any other information
required by the municipality or Joint Meeting.
All measurements, tests and analyses of the
characteristics of wastewater, to which reference is made in this
article, shall be determined in accordance with the latest edition
of Standard Methods for the Examination of Water and Wastewater, published
jointly by the American Public Health Association, the American Water
Works Association and the Water Pollution Control Federation, or other
methods or procedure that may be acceptable to the governmental authority
requiring the measurements, tests or analyses. Sampling method, location,
time, duration and frequency shall be determined on an individual
basis by the governmental authority requiring the sampling.
All users of the wastewater facilities shall
comply with the requirements of the written rules and regulations
of the municipality and Joint Meeting, which regulations shall become
effective upon the filing of certified copies in the office of the
City Clerk after the effective date of this article.
It shall be unlawful to discharge any wastewater
or other polluting material into any natural outlet within the municipality,
except where suitable treatment has been provided and where an NPDES
permit has been obtained from the appropriate governmental authority
where required.
No person shall maliciously, intentionally or
negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment that is part of the wastewater
facilities of the municipality or Joint Meeting.
A.
Violations of
any of the provisions of this article or any permit issued under the
authority of this article may result in the termination of the permit
or termination of the authority to discharge to the public wastewater
facilities.
B.
Any person violating
any of the provisions of this article shall, upon conviction, be subject
to one or more of the following: imprisonment in the county jail or
in any other place provided by the municipality for the detention
of prisoners for any term not exceeding 90 days or by a fine not exceeding
$2,000 or by a period of community service not exceeding 90 days,
to become effective on the effective date of this section. Each and
every day during which a violation of any provision of this article
exists shall constitute a separate violation. Notwithstanding the
aforesaid provisions, all violators shall be liable in a civil action
for damages for any expense, loss or damage suffered by the municipality
or Joint Meeting as a result of said violation or violations.
[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No.
3998; 10-26-2004 by Ord. No. 4842; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
