[Adopted 12-23-1985 by Ord. No. 3813 (Ch. 434, Art. V, of the 2004 Code)]
The Rules and Regulations of the Joint Meeting adopted on December 20, 1984, and as the same are modified from time to time, are hereby adopted as if fully set forth herein as rules and regulations governing the municipal sewer facilities as well as the Joint Meeting facilities.
A. 
Service of notice; hearing; legal action.
(1) 
Whenever the Joint Meeting finds that any person (as defined in said rules and regulations) has violated or is violating this article or any prohibition, limitation or requirement contained herein, the Joint Meeting may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed 30 days, for the satisfactory correction thereof. If the violation is not corrected by timely compliance, the Joint Meeting may order any person who causes or allows an unauthorized discharge to show cause before the Joint Meeting and Township of Union why service should not be terminated. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the Joint Meeting and Township of Union regarding the violation, and directing the offending party to show cause before the Joint Meeting and Township of Union why an order should not be made directing the termination of service. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing.
(2) 
The Joint Meeting and Township of Union may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee to:
(a) 
Issue in the name of the Joint Meeting and Township of Union notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings.
(b) 
Take the evidence.
(c) 
Transmit a report of the evidence and hearing, including transcripts/records and other evidence, together with recommendations, to the Joint Meeting and Township of Union for action thereof.
(3) 
At any public hearing, testimony taken before the Joint Meeting and Township of Union or any person designated by it must be under oath and recorded either by the hearing officer in a summary manner or stenographically. In the latter case, the transcript, so recorded, will be made available to any member of the public upon payment of the usual charges therefore. After the Joint Meeting and Township of Union have reviewed the evidence, they may issue an order to the party responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances are properly operated and such further orders and directives as are necessary and appropriate.
(4) 
Any discharge in violation of the substantive provisions of this article or an order of the Joint Meeting shall be considered grounds for legal action. If any person discharges sewage, industrial wastes or other wastes into the treatment facilities contrary to the substantive provisions of this article or any order of the Joint Meeting, the Executive Director of the Joint Meeting shall commence an action for injunctive relief and appropriate legal damages in the Superior Court of the respective county.
B. 
Suspension of service.
(1) 
The Joint Meeting and/or Township of Union may suspend the wastewater treatment service, and/or the nondomestic wastewater discharge permit, when such suspension is necessary, in the opinion of the Joint Meeting and/or Township of Union, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference with the publicly owned treatment works or causes the Joint Meeting and/or Township of Union to violate any condition of its New Jersey Pollutant Discharge Elimination System permit.
(2) 
Any person notified of a suspension of the wastewater treatment service, and/or the nondomestic wastewater domestic 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 Joint Meeting and/or Township of Union shall take such steps as are deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the publicly owned treatment works system or endangerment to any individuals. The Joint Meeting and/or Township of Union shall reinstate the nondomestic wastewater 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 Joint Meeting and/or Township of Union within 15 days of the date of occurrence.
[Amended 10-26-2004 by Ord. No. 4842; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who is found to have violated an order of the Joint Meeting and/or Township of Union or who willfully or negligently fails to comply with any provision of this article and the orders, rules and regulations issued hereunder shall be subject to a fine of not more than $2,000 or imprisonment not to exceed 90 days or a period of community service not to exceed 90 days, or any combination thereof, for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Joint Meeting and Township of Union may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person(s) found to have violated this article or the orders, rules and regulations issued hereunder. In addition, also, to the penalties previously provided herein, the Joint Meeting and its tributary municipalities may recover reasonable costs expended to rectify damages to its treatment facilities and tributary sewers as well as to rectify treatment process problems caused as a result of violations of this article.