[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:
BOD (denoting "biochemical oxygen demand")
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.
CHEMICAL OXYGEN DEMAND (COD)
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)].
CHLORINE DEMAND
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.
FLOATABLE OIL
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.
GREASE or FATS
Any material which is extractable from an acidified sample of a waste by hexane or other designated solvent.
HEAVY METALS
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.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
JOINT MEETING
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.
JOINT SEWER
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.
MAJOR INDUSTRY
An industrial user of municipal or Joint Meeting wastewater facilities that:
A. 
Has a flow of 50,000 gallons or more per workday.
B. 
Has in its waste toxic substances injurious to the treatment process or sewer system.
C. 
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
D. 
Has a detrimental effect upon human health or welfare.
NJDEP
The State of New Jersey Department of Environmental Protection, or successor agency.
NONSTATIONARY SOURCE
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.
NPDES
National Pollutant Discharge Elimination System.
PERSON
Any individual, firm, company, partnership, society, association, corporation (public or private) or group, including heirs, executors, administrators or assigns.
PETROLEUM HYDROCARBONS
That portion of the total extractable grease or fats, which is not retained on an activated alumina absorption column after elutriating with hexane.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PRETREATMENT
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.
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
SEWAGE
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.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SLUG
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.
SUSPENDED SOLIDS
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.
USEPA
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.
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)]