[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.
