The Director of Public Works of the City is
authorized to promulgate regulations from time to time to implement
the intent and purpose of this article.
The purpose of this article is to regulate and
control the use of public sewers and to establish the rights of inspection.
Unless the context specifically indicates otherwise,
the meaning of terms used in these regulations shall be as follows:
An analysis performed in accordance with the analytical test
procedures approved under 40 CFR Part 136. Analysis for those test
procedures not included therein shall be performed in accordance with
procedures approved by the state or the City. All analyses required
to be performed under the sewer use regulations shall be performed
by an approved test procedure for the parameter or condition being
analyzed by an NJDEP certified laboratory for the parameter.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20º C. expressed in milligrams per liter.
Code of Federal Regulations.
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 parts per million by weight), after 30
minutes contact time at room temperature of approximately 70º
F.
The optical density at the visual wavelength of maximum absorption,
relative to distilled water, in standard platinum cobalt units.
A wastewater containing surface or stormwater.
BOD, suspended solids, pH and fecal coliform bacteria, and
such additional pollutants as are now or may be in the future specified
and controlled in the City's NJPDES permit for its wastewater treatment
facilities where the facilities have been designed and used to reduce
or remove such pollutants.
A sample of individual samples (aliquots) of at least 100
ml, collected at periodic intervals over a specified time period.
If not specifically stated otherwise, a composite sample is to be
a twenty-four-hour composite representing 24 consecutive hourly samples
of equal volume. Flow weighted composite samples will not be required
unless specified by the City.
Any water used for the purpose of carrying away excess heat,
and which may contain biocides used to control biological growth or
other additives to protect the cooling system against corrosion or
scaling.
The applicant for sewer service at one household, business,
commercial user or industrial user, whether the owner or a tenant.
The liquid waste resulting from residences, buildings, institutions,
septic tanks, holding tanks, and industrial sources, including the
noncommercial preparation, cooking and handling of food, wastewater
consisting of human excrement, gray water and similar wastes from
sanitary conveniences, and swimming pool water, but excluding any
mixture which includes any industrial waste, process wastewater, contaminated
stormwater, contaminated groundwater, or boiler blowdown. Any wastewater
with concentration above the following criteria will not be considered
domestic waste:
BOD5
|
300 mg/l
|
TSS
|
300 mg/l
|
Wastewater after some degree of treatment, flowing out of
any treatment device or facilities.
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.
A pipeline carrying flow under pressure.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of food.
Any material which is extractable from an acidified sample
of a waste by hexane or other designated solvent or other acceptable
means.
The electro-negative metals with a density greater than five
grams per cubic centimeter.
Any pollutant which is not a compatible pollutant as defined
in this article.
Any user that discharges, causes or allows the discharge
of industrial waste into the City system.
The process wastewater and other liquid wastes resulting
from any industrial manufacturing process defined in the latest edition
of the Standard Industrial Classification Manual, or is not domestic
waste as defined herein, or is any wastewater from any service process
which because of the contaminants it contains is comparable to industrial
wastewater including such wastewater mixed with water or domestic
waste.
Water entering the utility sewer system from the ground,
through such means as, but not limited to, defective pipes, pipe joints,
connection, or manhole walls.
Water discharged into the utility sewer system from such
sources as, but not limited to, roof leaders, cellar, yard and area
drains, foundation drains, cooling water discharges, drains from springs
and swampy areas, manhole covers, cross-connections from storm sewers
and combined sewers, catch basins, stormwaters, surface runoff, street
washwaters, or drainage.
Wastewater raw or partly treated, flowing into any wastewater
treatment device or facility.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources both:
Inhibits or disrupts the POTW, its treatment
processes or operations, or its sludge processes, uses or disposal;
and
Therefore is a cause of a violation of any requirement
of the City's NJPDES permit (including an increase in the magnitude
or duration of a violation) or of the prevention of sewage sludge
use or disposal in compliance with the following statutory provisions
and regulations or permits issued thereunder (or more stringent state
or local regulations): Section 405 of the Clean Water Act, the Solid
Waste Disposal Act (SWDA) (including Title II, more commonly referred
to as the Resource Conservation and Recovery Act (RCRA), and including
NJDEP regulations contained in New Jersey's sludge management plan
prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the
Toxic Substances Control Act, and the Marine Protection, Research
and Sanctuaries Act.
Any sewer or system of sewers which is connected to the utility
sewer system and owned and/or operated by any person other than the
utility.
The average of all tests values for a pollutant discharged
or permitted to be discharged in a calendar month. If only one test
is performed in a month, then that one test value shall be considered
to be a monthly average.
The program for issuing, conditioning and denying permits
for the discharge of pollutants from point sources into the navigable
waters, the contiguous zone and the ocean. New Jersey Pollutant Discharge
Elimination System (NJPDES) is the state program.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the City's NJPDES permit (including
an increase in the magnitude or duration of a violation).
Any individual, firm, company, partnership, corporation,
association (public or private), group or society and includes the
State of New Jersey, and agencies, districts, commissions and political
subdivisions created by or pursuant to state law.
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.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, refuse, oil, grease, sewage, sludge, chemical wastes, biological
materials, radioactive substance, thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt and industrial, municipal or agricultural
waste or other residue discharged into the City's sewer system or
waters of the state.
Publicly operated treatment works (POTW).
Any parcel of real property including land, improvements,
or appurtenances, as buildings, ground, etc.
Treatment by application of physical, chemical and/or biological
processes to reduce the amount of pollutants in, or alter the nature
of the pollutant properties in, a wastewater other than residential
prior to its direct or indirect discharge into the municipality's
wastewater facilities and to remove illegal and/or undesirable waste
constituents, or to reduce the strength of the waste prior to discharge
into the municipality's wastewater facilities.
A facility in which wastewater is conveyed from a lower hydraulic
elevation to a higher hydraulic elevation using mechanical or pneumatic
devices.
Agencies such as but not limited to the New Jersey Department
of Environmental Protection, the United States Environmental Protection
Agency, and the United States Corps of Engineers which has authority
over the operation of and/or discharges from the utilities wastewater
treatment plant.
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.
A pipe or conduit for carrying sewage.
All collection sewers, pumping stations, force mains, wastewater
treatment plants, and appurtenances thereto within the City owned
and operated by the City Sewer Utility.
Garbage shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers with no particle having a diameter greater than 1/2
inch in any direction, excluding household garbage wastes.
An industrial user which meets any one of the following criteria:
It is subject to any Federal Categorical Pretreatment
Standard pursuant to 40 CFR 403.6 and 40 CFR Chapter I, Subchapter
N.
It discharges an average of 25,000 gallons or
more of industrial waste per day to the City.
It discharges an average daily volume of industrial
waste which volume equals or exceeds 5% of the City's average daily
dry-weather influent volume.
It discharges industrial waste that contributes
5% or more of the City's average daily dry-weather loading of BOD5, CBOD5, or TSS.
It discharges industrial waste which, before
any pretreatment by the industrial user, is equal to 5% or more of
the average daily dry-weather influent loading to the City of any
of the pollutants listed in N.J.A.C. 7:14A, Appendix B, Tables II
through VI, inclusive.
The discharge consists of landfill leachate
or a mixture of landfill leachate and surface or ground water.
The discharge consists of polluted groundwater,
which is pumped from the ground to decontaminate the groundwater.
The industrial user presents, or is found by
NJDEP or by the City to present, a reasonable potential for adversely
affecting the City's operation or for violating any pretreatment standard
or requirement, such that SIU designation is appropriate.
Any discharge of waste sewage or industrial waste which in
connection 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 of flows during normal
operation.
Any flow occurring during or immediately following any form
of natural precipitation and resulting therefrom.
The Superintendent of the City's Sewer Utility or his duly
appointed deputy, agent or representative.
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.
Those pollutants or combinations of pollutants, including
disease-causing agents, which after discharge and upon exposure, ingestion,
inhalation or assimilation into any organism, either directly or indirectly
by ingestion through food chains, will, on the basis of information
available, cause death, disease, behavioral abnormalities, cancer,
genetic mutations, physiological malfunctions, including malfunctions
in reproduction or physical deformation in such an organism or their
offspring. Toxic pollutants shall include, but are not limited to,
those pollutants designated under Section 307 of the Federal Act or
Section 4 of the state Act.
Solid waste from the preparation, cooking and dispensing
of food or food products and from the handling, storing and sale of
produce, excluding household garbage wastes.
Refers to the United States Environmental Protection Agency,
or successor agency.
Any person who discharges, causes or permits the discharge
of wastewater into the wastewater treatment facilities of the City.
The City Sewer Utility under the authority and jurisdiction
of the Director of Public Works.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is discharged into
or permitted to enter the City's treatment facilities.
[1]
Editor's Note: Former § 56-14, Maintenance of customer
service line, was repealed 10-7-2014 by Ord. No. 36-2014.
A.
Sanitary sewers. No person shall discharge or cause
to be discharged any stormwater, surface water, groundwater, roof
runoff, subsurface drainage, uncontaminated cooling water, or unpolluted
industrial process waters into any sanitary sewer.
B.
Storm sewers. Stormwater and other unpolluted drainage
shall be discharged to such sewers as are specifically designated
as storm sewers, or to a natural outlet approved by the City, but
under no circumstances into sanitary sewers. Unpolluted industrial
cooling water or processed water may be discharged by approval of
the City to a storm sewer or natural outlet, but under no circumstances
into the sanitary sewers.
C.
Prohibited wastewater discharge. No person shall discharge
or deposit or allow to be discharged or deposited into the wastewater
treatment system and facilities any wastewater which contains the
following:
(1)
No person shall introduce into the City's system any
pollutants which cause pass-through or interference as set forth in
40 CFR 403.5(a)(1) and defined in these regulations.
(2)
Pollutants which create a fire or explosion hazard
in the POTW including, but not limited to waste streams with a closed
cup flashpoint of less than 140º F. or 60º C. using the
test methods specified in 40 CFR 261.21.
(3)
Pollutants which will cause corrosive structural damage
to the POTW, but in no case discharges with a pH lower than 5.0 or
with a pH higher than 10.0 unless the POTW is specifically designed
to accommodate such discharges.
(4)
Heat in amounts which will inhibit biological activity
in the POTW resulting in interference, but in no case heat in such
quantities that the temperature at the POTW treatment plant exceeds
40º C. or 104º F. unless the NJDEP, upon request of the
POTW, approves alternate temperature limits.
(5)
Petroleum oil, nonbiodegradable cutting oil, or products
of mineral oil origin in amounts that will cause interference or pass-through.
(6)
Noxious materials. Incompatible pollutants which whether
singly or by interaction with other wastes, are noxious or malodorous,
are capable of creating a public nuisance, or are or may be sufficient
to prevent entry into the treatment facilities for its maintenance
and repair.
(7)
Pollutants which result in the presence of toxic gases,
vapors, or fumes within the POTW in a quantity that may cause acute
worker health and safety problems.
(8)
Improperly shredded garbage. Garbage that has not
been ground or comminuted to such a degree that all particles will
be carried freely in suspension under flow conditions normally prevailing
in the treatment works, with no particle greater than 1/2 inch in
any dimension. This prohibition does not apply to the use of garbage
disposal units in private dwellings whose only discharge is domestic
sewage.
(9)
Radioactive wastes. Radioactive wastes or isotopes
of such half-life or concentration that they do not comply with regulations
or orders issued by the appropriate authority having control over
their use and which will or may cause damage or hazards to the sewer
treatment facilities or personnel operating the system. Any introduction
of radioactive waste must be in conformance with N.J.A.C. 7:28-11.2.
(10)
Solid or viscous wastes. Solid or viscous wastes which
will or may cause obstruction to the flow in a sewer, or otherwise
interference with the proper operation of the treatment facilities.
Prohibited materials include, but are not limited to: grease, improperly
shredded garbage, animal guts or tissues, diseased human organs or
tissue fluids, paunch manure, bones, hair, hides or fleshing, entrails,
whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, wood,
plastic, tar, spent grains, spent hops, waste paper, asphalt residues,
residues from refining or processing of fuel or lubricating oil, and
similar substances. (Other materials may be specified at the discretion
of the Director of Public Works.)
(11)
Discolored material. Wastes with color not removable
by the treatment works.
(12)
Any trucked or hauled pollutants, except at discharge
points designated by the POTW.
(13)
Any slug discharge as defined herein.
(14)
Substances interfering with sludge management. Any
substances which may cause the City's sludge to be unsuitable for
reclamation and reuse, as defined by NJDEP's beneficial reuse policy,
or to interfere with the reclamation process where the City is processing
a reuse and reclamation program or to make the City's sludge not acceptable
for ultimate disposal at the City's current ultimate disposal site.
In no case shall a substance discharged into the sewer system cause
the disposal criteria, guidelines or regulations developed under Section
405 of the New Jersey Guidelines for the Utilization and Disposal
of Municipal Industrial Sludge and Septage; Section 503 of the Federal
Clean Water Act, any criteria, guidelines or regulations affecting
sludge use or disposal developed pursuant to the Sludge Waste Disposal
Act, and Clean Air Act, the Toxic Substance Control Act, or the New
Jersey Guidelines for the Utilization and Disposal of Municipal and
Industrial Sludges and Septage.
(15)
Any pollutants or other substances including filamentous bacteria
or other organisms, dissolved ions or any chemicals which cause pass-through
or interference as set forth in 40 CFR 403.5(a)(1) and defined in
these regulations.
[Added 10-7-2014 by Ord. No. 36-2014]
D.
Limitations on wastewater discharge. The following
table lists the maximum concentration of pollutants permitted in wastewater
discharges to the municipal wastewater treatment plant. Dilution of
any wastewater discharge for the purpose of satisfying these requirements
shall be considered a violation of this article.
[Amended 2-7-2006 by Ord. No. 4-2006[1]; 12-21-2021 by Ord.
No. 33-2021; 2-1-2022 by Ord. No. 3-2022]
TABLE
| ||
---|---|---|
Maximum Permissible Concentration
| ||
Milligrams Per Litter (mg/l)
| ||
Parameter
|
Limitation
|
Concentration
|
Arsenic
|
Maximum daily
|
0.026
|
Cadmium
|
Maximum daily
|
0.059
|
Chromium
|
Maximum daily
|
0.110
|
Copper
|
Maximum daily
|
1.300
|
Cyanide
|
Maximum daily
|
*
|
Lead
|
Maximum daily
|
0.410
|
Mercury
|
Maximum daily
|
0.010
|
Molybdenum
|
Maximum daily
|
2.700
|
Nickel
|
Maximum daily
|
0.100
|
Selenium
|
Maximum daily
|
0.320
|
Silver
|
Maximum daily
|
5.900
|
Zinc
|
Maximum daily
|
4.400
|
Methoxychlor
|
Maximum daily
|
*
|
PBCs
|
Maximum daily
|
*
|
Toxaphene
|
Maximum daily
|
*
|
CBOD
|
Weekly average
|
500
|
CBOD
|
Monthly average
|
500
|
Oil and grease
|
Weekly average
|
45
|
Oil and grease
|
Monthly average
|
30
|
TSS
|
Weekly average
|
1,500
|
TSS
|
Monthly average
|
250
|
NOTE:
|
---|
* Prohibited from discharge.
|
[1]
Editor's Note: This ordinance also provided
that the repeal of the previous table "shall not affect or prevent
the prosecution or punishment of any person for any act committed
in violation of this section prior to the effective date of this ordinance."
E.
Pretreatment requirements. When pretreatment standards
are adopted by NJDEP or USEPA for any given class of industries, or
those regulator agencies otherwise limit the discharge of any substance
or pollutant, the users will be required to reduce the discharge of
these substances into the sewers to the levels prescribed by those
regulatory agencies. Additionally, the users shall comply with more
stringent standards necessitated by local conditions as determined
by the City of Millville.
F.
Compliance with written rules and regulations required.
All users of the wastewater facility shall comply with the requirements
of the written rules and regulations of the Director of Public Works,
which regulations shall become effective upon filing in the office
of the City Clerk after the effective date of this article.
G.
Certain discharges to natural outlets prohibited.
It shall be unlawful to discharge any wastewater or other polluting
material into any natural outlet within the City of Millville, except
where suitable treatment has been provided and where a NJPDES permit
has been obtained from the appropriate governmental authority where
required.
H.
Injury to or tampering with wastewater facilities
prohibited. 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 City of Millville.
I.
Notice.
(1)
Any user of the City's sewer system shall give notice
to the City if there is:
(a)
Any new introduction of pollutants into the
City's sewer system which would be subject to Sections 301 or 306
of the federal Act if it were directly discharging those pollutants;
or
(b)
Any substantial change in the volume or character
of pollutants being introduced into the City's system at the time
of issuance of the permit.
(2)
For purposes of this article, adequate notice shall include information on the quality and quantity of effluent introduced into the City system and any anticipated impact of such change on the quality or quantity of effluent to be discharged from the City's wastewater treatment system. Notice shall be based upon sampling data as required to be collected under NJDEP SIU permit, if applicable, and/or under § 56-16D(2).
J.
Trading credits. The City is committed to fostering
a positive business climate, and the credit trading program will be
recognized as an economic development resource for the City having
a priority mission of attracting new industry, jobs and tax ratables.
Industries may apply to the City to trade pretreatment credits among
each other. The City will entertain trading of pretreatment credits
among existing industries or among existing industries and a prospective
industry which is considering location within the City.
[Amended 12-21-2021 by Ord. No. 33-2021; 2-1-2022 by Ord. No. 3-2022]
(1)
When existing industries desire to trade credits other
than BOD5 and TSS, the industries doing the
trading must demonstrate that the traded credit of a certain pollutant
will result in the same or less loading of the particular pollutant
from the combined industrial wastewater of the industries conducting
the trading.
(2)
When existing industries desire to trade BOD5 or TSS credits, the industries can trade BOD5 and TSS credits equivalent to the difference in actual
BOD5 and TSS loading discharged into the City's
sewer system by the industry yielding the credits and the industry
receiving the credits. The difference would be computed using the
maximum loading allowed for the industry yielding the credits, as
defined by the maximum allowed BOD5 and TSS concentrations in § 56-15D.
(3)
When existing industries are trading credits, the
industries must submit 12 effluent wastewater data points that describe
their wastewater characteristics for the pollutant for which trading
rights are being applied. All data must be a composite sample as defined
herein. The data must be temporally spaced over a minimum of three
months.
(4)
When an existing industry desires to trade BOD5 or TSS credits to a prospective industry, the industries
can trade BOD5 and TSS credits equivalent to
the difference in actual BOD5 and TSS loading
discharged into the City's sewer system by the industry yielding the
credits and the industry receiving the credits. The difference would
be computed using the maximum loading allowed for the industry yielding
the credits, as defined by the maximum allowed BOD5 and TSS concentrations in § 56-15D.
(5)
When an existing industry is trading BOD5 and TSS credits to a prospective industry, the same data must be collected as required by Subsection J(3) above. However, the data would need to be substantiated by the prospective industry during the first six months of its operation.
(6)
The City reserves the right to request more data from
industries which operate on a cyclical or seasonal basis where the
operation results in the generation of wastewater that is highly variable
in characteristics. A pretreatment credit agreement must be entered
into with the affected industries and the City. Such agreement shall
identify the agreed-upon credit and provide the City with the means
to enforce the new limits for the affected industries.
K.
Water conservation. It is the City's policy to encourage
water conservation. Therefore, an industry may apply to the City for
a change to increase its concentration-based limitation if it can
demonstrate its wastewater volume will be reduced and pollutant concentrations
increased as a result of water conservation measures.
(1)
The industry's application should consist of a letter
signed by the principal executive officer familiar with the day-to-day
operation of the wastewater treatment facility stating the details
of the requested change. This letter must be accompanied by an engineering
report that addresses the water conservation measures including an
estimate of the water volume reduction and change in wastewater pollutant
characteristics. Wastewater flow data and pollutant data for those
pollutants that the industry is requesting a change of concentration
limit, for the preceding twelve-month period, must be submitted with
the application to define the existing baseline conditions. The flow
data must be in the form of daily flow records, and the pollutant
data must be at least representative of 24 hours' composite sampling
once per month. In all cases, the City will seek to approve only those
applications where water use is the only component of change of wastewater
characteristics. If other process changes are being performed, and
are necessary to be performed to allow the decrease of water use,
calculations must be submitted showing the change of pollutant concentration
resulting from the process changes separate from the change of pollutant
concentration resulting from water conservation measures.
(2)
In no case will the City approve a higher pollutant
loading to the sewage treatment system as a result of the industry's
application for change of concentration limit for that pollutant because
of water conservation measures.
(3)
Once approved for a change of concentration limit
under this application procedure, an industry must submit daily wastewater
flow data. Additionally, the industry must submit one time each month
for 12 consecutive months a twenty-four-hour composite pollutant sample
to the City to demonstrate that the changes of its industrial processes
are in accordance with the application which was approved.
A.
Sampling. All industrial users shall provide a structure
for the sampling of wastewater before the point of discharge into
a sanitary sewer. The sampling structure shall be constructed and
maintained by the industrial user at its own expense and shall be
kept safe and accessible at all times to the City of Millville. Sampling
structure design shall be subject to the approval of the City of Millville.
B.
Metering and other facilities. When required by the
Director of Public Works, an industrial user shall install and maintain
additional facilities at its own expense including, for example, meters,
sealed automatic monitoring systems, or other appurtenances to facilitate
observation, sampling and measurement of waste. Construction, installation,
and maintenance of such additional facilities shall be the responsibility
of the industrial user which shall keep these facilities safe and
accessible to the City of Millville at all times. Design and construction
of such additional facilities shall be subject to the approval of
the City of Millville.
(1)
If a sewage metering device is installed the cost
of said installation shall be the responsibility of the user installing
it.
(2)
The metering device shall have an accuracy requirement
of +/- 2.0%.
(3)
The device shall be calibrated annually.
(4)
In the event the device becomes inoperable, the Sewer
Utility should be notified of the date and time it became inoperable
along with the date and time the meter is returned to operation. A
reading, by Sewer Utility personnel, must be done on the date the
meter becomes inoperable and again just before the meter is put back
in operation.
(5)
The meter shall be installed in such a manner that
easy access is provided for the purpose of reading and inspection
by utility personnel.
(6)
Information such as drawings, manuals, description
of the metering device, etc., should be supplied to the Sewer Utility
and the City Engineer's office for review and approval before installation.
C.
Inspections. As a precondition for the right to discharge
waste in any form into the sewers and wastewater facilities of the
City of Millville, all users shall provide immediate access to their
facilities at any time during which there is a discharge to the wastewater
facility. Access shall be made available to the City for the purpose
of checking the quality of the discharge, taking samples, and making
tests of the discharge, or for the purpose of enforcing this article.
All users shall provide access to property and premises for inspection
to determine if there are any violations of this article. Each industrial
user shall be responsible for all costs incurred by the City of Millville
in taking samples and in making the tests.
D.
Submission of information concerning waste discharge
required. As precondition for the right to discharge waste in any
form into the sewers and wastewater facilities of the City of Millville,
all persons subject to this article shall be required to provide information
to the Director of Public Works as needed to determine compliance
with this article. This information may include:
(1)
Wastewater discharge rate and volume over a specified
time period.
(2)
Chemical analysis of wastewater which shall allow the City to continually evaluate the appropriateness of its current local limits. As a minimum the frequency of such analyses shall be once per quarter for all nonsignificant industrial users. Such chemical analyses shall be for those pollutants which the City has current limits in place as found on the table under § 56-15D. However, in addition, all industries shall submit once per year the results of the priority pollutant scan of their effluent as analyzed by a New Jersey certified laboratory using procedures under 40 CFR Part 136. The City Superintendent may waive the requirement for an industrial user to submit an annual priority pollutant scan upon the showing of two consecutive priority pollutant scans with nondetection levels. The Superintendent may also withdraw said waiver if deemed necessary. Furthermore, all significant industrial users shall submit a copy of the NJDEP discharge monitoring reports that are regularly sent to the NJDEP in compliance with their NJDEP and SIU permit reporting requirements at the time these reports are sent to the state.
[Amended 10-7-2014 by Ord. No. 36-2014]
(3)
Information on raw materials, processes and products
affecting wastewater volume and quality including but not limited
to Material Safety Data Sheets (MSDS) for all products that are discharged
into the City's sewer system.
(4)
Quantity and disposition of specified liquid, sludge,
oil, solvent, or other materials important to sewer use control.
(5)
A plot plan of sewers on the user's property showing
sewer pretreatment facility location.
(6)
Details of wastewater pretreatment facilities.
(7)
Details of systems designed to prevent and/or control
the loss of spilled materials to the sanitary sewer (i.e. spill prevention
plan).
(8)
Any other information required by the Director of
Public Works including a completed copy of the City's industrial wastewater
pretreatment survey and application for new industrial wastewater
connections.
E.
Industrial wastewater monitoring and reports.
(1)
All significant industrial users who discharge wastewaters
to the treatment works shall maintain such records of production and
related factors, effluent flows, and pollutant amounts of concentrations
as are necessary to demonstrate compliance with the requirements of
this article and any applicable state or federal pretreatment standards
or requirements.
(2)
Such records shall be made available upon request
to the Director of Public Works. All such records relating to compliance
with pretreatment standards shall be made available to officials of
NJDEP and the USEPA upon demand.
(3)
Each significant industrial user discharging industrial
waste into the system shall install at its own cost and expense suitable
monitoring equipment to facilitate an accurate observation, sampling,
and measurement of wastes. Such equipment shall be maintained in proper
working order and kept safe and accessible at all times.
(4)
Whether constructed on public or private property,
the monitoring facilities shall be constructed in accordance with
City of Millville requirements and all applicable construction standards
and specifications. Plans and specifications for all such work shall
be submitted to the City Engineer for approval prior to construction.
F.
Measurements, tests and analyses. 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 Environment
Federation, or other methods or procedures 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 City of Millville.
G.
Accidental discharge. If, for any reason, a facility
does not comply with or will be unable to comply with any prohibitions
or limitations in these regulations, the facility responsible for
such discharge will take immediate corrective action to prevent continued
harm to the treatment works system of the City.
H.
Discharger reporting. Accidental discharges of toxic
pollutants, incompatible pollutants, or slug loads into the City's
sewer system must be reported to the City in accordance with the following
procedures:
(1)
Two-hour notice. Within two hours of being aware of
the discharge, the industry representative must telephone the Superintendent
at (856) 825-7000 and report the following information:
[Amended 10-7-2014 by Ord. No. 36-2014; 12-21-2021 by Ord. No. 33-2021; 2-1-2022 by Ord. No. 3-2022]
(2)
Twenty-four-hour notice.
(a)
The period of noncompliance, including exact
dates and times and return to compliance.
(b)
The cause of noncompliance.
(c)
Steps being taken to reduce, eliminate and prevent
the noncomplying discharge.
(d)
An estimate of the threat to human health or
the environment posed by the discharge.
(e)
The measures the discharger has taken or is
taking to remediate the problem and any damage or injury to human
health or the environment, and to avoid a repetition of the problem.
(f)
Any revisions of the information already reported
in the two-hour notice.
(g)
Any unanticipated bypass or upset which violates
any of the City's maximum allowed limits as detailed in the sewer
regulations herein unless already addressed under the two-hour notice.
(3)
Five-day notice. Written submission of all the above
plus steps taken to reduce, eliminate and prevent recurrence of the
noncomplying discharge and any updating of information already reported
under either the two-hour or the twenty-four-hour notice.
I.
Accidental discharge and slug control plans. At least
once every two years, the City shall evaluate whether each significant
industrial user needs an accidental discharge/slug control plan. The
City may require any user to develop, submit for approval, and implement
such a plan. Alternatively, the City may develop such a plan for any
user. An accidental discharge/slug control plan shall address, at
a minimum, the following:
(1)
Description of discharge, practices, including nonroutine
batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the City of any
accidental or slug discharge; and
(4)
Procedures to prevent adverse impact from any accidental
or slug discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents,
and/or measures and equipment for emergency response.
A.
Since it is impractical to discontinue sewer service
to a customer for violation of the sewer regulations, the Director
in charge of the Water Utility may discontinue water service to a
sewer customer for any of the following reasons:
(1)
Misrepresentation of material facts in an application
for extension of sewer service.
(2)
Use of sewer system for any other property or purpose
different than described in the application for sewer service.
(4)
Tampering with any service pipe, meter, sewer lateral,
or any other appurtenance owned by the City.
(5)
Vacancy.
(6)
For failure to pay any connection fees, installation
fee or sewer user charge within 30 days of the due date.
(7)
Refusal of reasonable access to the property for purposes
of inspecting, testing, reading, maintaining, installing or removing
of meters, or other purposes related to the proper operation of the
sewer system.
(8)
Making or refusing to sever any cross-connection between
a pipe or fixture carrying sewage into the sewer system and a pipe
or fixture carrying sewage from any other source.
(9)
Failure to repair a defective meter, defective customer
service line, defective sewer lateral, or other defective appurtenance
within a reasonable time after written notice has been given by the
Superintendent of the Sewer Utility.
B.
In addition to the foregoing, the Superintendent of
the Sewer Utility shall have the right to terminate sewer service
temporarily to make necessary repairs or connections in the event
of a breakdown, emergency, or any other unavoidable cause. The Superintendent,
however, shall use all reasonable and practical measures to notify
the customer of such discontinuance of service.
C.
Disconnection and reconnection fees. The Superintendent
is authorized to charge the customer $25 for disconnection of service
and an additional $25 for reconnection of service. This fee shall
be collected in the same manner as other charges.
A.
Notice of violation. Whenever the Director of Public Works or the Superintendent finds that any person has violated or is violating the regulations contained in this article, or any regulation adopted pursuant to § 56-11 of this article, the Superintendent may serve upon such person written notice stating the nature of the violation and providing a reasonable time, not to exceed 30 days, for the satisfactory correction thereof.
B.
Order to show cause. If the violation is not corrected
by timely compliance, the Director in charge of the Sewer Utility
may issue an order directed to the offending person requiring said
person to show cause before the Public Works Committee why any order
should not be made directing any or all of the following actions to
be taken:
[Amended 4-2-2002 by Ord. No. 13-2002]
(1)
The termination of service;
(2)
The immediate implementation of pretreatment procedures
to ensure compliance; and/or
(3)
The payment of the additional cost incurred by the
Sewer Utility as a result of the violation.
(4)
An administrative fee of $25 shall be assessed to
cover the cost of preparing and mailing the order to show cause.
C.
Hearing. The Public Works Committee shall conduct
a hearing no sooner than 10 days after service of the order to show
cause. The Public Works Committee shall consist of the Utilities Collector
or designee, the Sewer Utility Superintendent or designee, the Water
Utility Superintendent or designee, the City Clerk or designee, and
the Chief Financial Officer or designee. A quorum of three persons
shall be required to conduct a hearing. The Public Works Committee
shall report its decision in each case to the Board of Commissioners
with a recommendation for a resolution to be adopted by the Board
at the next regularly scheduled Commission meeting after the hearing
has been completed.
D.
Injunctive relief and damages. Any discharge in violation
of the provisions of this article or regulations adopted pursuant
thereto shall be considered grounds for legal action. If any person
discharges sewage, industrial waste or other wastes into the treatment
facilities contrary to the provisions of this article, the Board of
Commissioners of the City may authorize the City Solicitor to commence
an action for injunctive relief and appropriate legal damages in the
Superior Court of New Jersey.
E.
Violations and penalties. Notwithstanding any other
provision contained herein, the Municipal Court shall have concurrent
jurisdiction to hear alleged violations of this article. Any person
who is convicted of violating any of the provisions of this article
or regulations adopted pursuant thereto, or an order of the Board
of Commissioners lawfully issued pursuant to the provision of this
article, shall be subject to a fine not to exceed $1,000, or community
service for a period not to exceed 90 days, or incarceration for a
period not to exceed 90 days, or any combination of the foregoing
in the sole discretion of the Municipal Court Judge. Each day that
a violation occurs or continues after notice has been served shall
be deemed a separate and distinct offense.
[Amended 10-7-2014 by Ord. No. 36-2014]
The customer shall be responsible for the entire cost of the installation of the sewer lateral and service line up to and including the connection at the sanitary sewer main. Additionally, the customer shall maintain the sewer lateral and the service line up to and including the connection at the sanitary sewer main in good working order at all times. The customer shall be responsible for notifying the Superintendent as to any maintenance work to be performed prior to the work being commenced, and furthermore, shall notify the Superintendent of the party engaged by the customer to perform the maintenance work. Neither the customer nor the party engaged to do the work shall back fill any trench until the work has been inspected and approved by the construction official or the plumbing inspector or their designated representative. If any street or sidewalk is to be excavated within the right-of-way, the customer shall comply with the provisions contained in Chapter 61 of the Municipal Code. The work to be performed is subject to the inspection and approval of the Superintendent.