[Adopted 12-13-1977 by Ord. No. 3252 (Ch.
434, Art. II, of the 2004 Code)]
"Joint Meeting" shall mean 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 amended
and supplemented, in the matter of a joint outlet and trunk sewer
and treatment plant for the sewage emanating from said municipalities.
The purpose of this article is to impose an
industrial cost recovery charge, as hereinafter defined, on all industrial
users of the Joint Meeting system, and to provide for the collection
of said charges.
As used in this article, the following terms
shall have the meanings indicated:
The recovery from industrial users of the treatment works
or the federal grant portion of the cost of construction of the treatment
works, allocable to the treatment of waste contributed by such users,
as defined in the federal statutes and regulations. The portion allocable
to each such user shall be payable in equal annual installments in
the sum of 1/30 of said portion for a period of 30 years, after which
said payments shall cease and come to an end.
A.
An annual minimum
industrial cost recovery charge shall be assessed against all industrial
waste contributors discharging industrial wastes into the system in
the sum of $100, unless said industrial waste contributor is subject
to a greater charge under the terms of this article.
B.
The annual industrial
cost recovery charge shall be a fixed cost per million gallons of
flow, a fixed cost per pound for suspended solids and/or a fixed cost
per pound of biochemical oxygen demand, as shown following:
C.
Industries which
on any day exceed a flow of 2,000 gallons or 20 pounds per day of
five-day biochemical oxygen demand or 20 pounds per day of suspended
solids shall, on a quarterly basis, report said flow, five-day biochemical
oxygen demand and suspended solids concentration to the Joint Meeting
for the purposes of determining the annual cost recovery charge for
said industry. Said reports shall be filed on January 1, April 1,
July 1 and October 1 of each year. The Joint Meeting shall establish
uniform regulations for sampling and analyses.
D.
The Joint Meeting,
at its option, may elect to sample and analyze the contribution from
any industry to verify the quarterly reports submitted.
E.
All tests shall
be performed in accordance with the latest edition of Standard Methods
for the Examination of Water and Wastewater at the time tests are
made.
The Joint Meeting, at its option, may require
an industry to install metering and monitoring facilities at the expense
of the industry involved, for the purpose of obtaining representative
samples of an industry's wastewater contribution to the Joint Meeting
system.
A.
Entry and access
to all industrial facilities for the purposes of monitoring and sampling
an industry's discharge shall be granted by the industry to the authorized
representatives of the Joint Meeting or its duly authorized agents.
B.
The Joint Meeting
may monitor and sample an industry or industries without prior warning
for the purpose of determining the contributions of flow, biochemical
oxygen demand and suspended solids, so that it may compute any industry's
share of the industrial cost recovery charge.
C.
Entry to premises
and monitoring referred to herein shall be as provided in the Federal
Water Pollution Act of 1972.
Industries whose sole flow consists of the discharge
from sanitary conveniences are exempt from industrial cost recovery
charges upon satisfactorily demonstrating to the Joint Meeting that
they qualify as a nonprocess dry industry.
New industrial users which commence operations
after the start of the industrial cost recovery system shall also
be subject to industrial cost recovery charges, reduced by the ratio
of the capacity used, multiplied by the ratio of its period of use
remaining, to the total cost recovery period of 30 years.
Discontinuance by an industry of its use of
the treatment works shall relieve said industry of further industrial
cost recovery charges, unless use thereof is thereafter resumed. The
remaining industries shall not be required to assume the portion of
the industrial cost recovery charge unrecovered due to said discontinuance.
Appeal from the industrial cost recovery charge
involving the reasonableness of the allocations and cost recovery
assessments to be made in writing by an industry affected, by notice
to the Executive Director of the Joint Meeting, by sending said notice
by certified mail, return receipt requested. The Joint Meeting shall
give said industry notice of a hearing on said appeal at least 10
days before the date thereof. The Joint Meeting shall determine said
appeal within 90 days after the date of said hearing. Notice of said
determination shall be forwarded to said industry by certified mail,
return receipt requested.
In the event that the sewage collection system
or the treatment works of the Joint Meeting are expanded in the future,
the respective industrial users' share for such expansion shall be
subject to a cost recovery charge for the cost of said expansion,
to be calculated both as herein provided and as provided in the Water
Pollution Act of 1972. The total industrial cost recovery charge shall
thereupon be adjusted for each industrial user.
All industrial cost recovery charges shall become
due and payable on the first day of February, May, August and November
of each year on a quarter-annual basis and shall be paid to the Township
of Union. The annual charge to each industrial user shall be determined
by the Joint Meeting. Said Township of Union shall remit said sums
collected to the Joint Meeting within 30 days after they become due
and payable.
The industrial cost recovery charges provided
for herein shall become due and payable from and after the first day
of January following the completion by the Joint Meeting of the secondary
treatment plant.
Anything herein contained to the contrary notwithstanding,
it is the intention of this article that any reference to "treatment
works," "treatment system" or "treatment plant" shall be construed
to refer to a public sewage treatment plant and shall mean any structure
or structures by means of which domestic or industrial wastes are
subject to any artificial process in order to remove or so alter constituents
as to render the wastes less offensive or dangerous to the public
health, comfort or property of any of the inhabitants of this state
before the discharge of the plant effluent into any waters of this
state.
For the purpose of enforcing the provisions
of this article and the rules and regulations of the Joint Meeting
relating thereto, the joint meeting operating said public sewage treatment
plant shall:
A.
Require that
any person, corporation or municipality, desiring to make any sewage
connection or discharge or continue to discharge sewage which includes
or consists of industrial wastes into such public sewage treatment
plant, make application therefor in writing on forms provided by said
Joint Meeting.
B.
Adopt rules and
regulations setting forth the information required to be stated in
the application therefor, in order to provide full information as
to the quantity, character and composition of any sewage which may
be discharged into the public sewage treatment plant, and establishing
requirements and procedures for prompt amendment of said application
in the event of significant changes in the quantity, character or
composition of such sewage.
C.
Make or cause
to be made inspection of the discharging facilities of any person,
corporation or municipality who may be discharging sewage or permitting
sewage to be discharged into sewerage systems under the jurisdiction
of the Joint Meeting.
A.
If any person,
corporation or municipality violates any of the provisions of this
article or rules and regulations promulgated by the Joint Meeting,
the Joint Meeting may institute a civil action in the Superior Court
for injunctive relief to prohibit or prevent such violations, and
the court may proceed in the action in a summary manner.
B.
In the event
of the violation of any of the provisions of this article, said violator
shall be subject to the penalties set forth in N.J.S.A. 58:11-55.
