[Adopted 12-2-1976 as Ch. 127 of
the 1976 Code]
Whenever used in this Article, the following
terms shall have the following meanings:
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable fat if
it is properly pretreated and the wastewater does not interfere with
the collection system.
A charge to industrial users based on its use of PVSC facilities
to repay the capital cost outlay of the federal share given Passaic
Valley Sewerage Commissioners (PVSC) under the provisions of applicable
federal law allocable to the treatment of the wastes from the industrial
user.
Any nongovernmental user of PVSC facilities identified in
the Standard Industrial Classification Manual 1972, as amended and
supplemented, under Divisions A, B, D, E or I. A user may be excluded
if it is determined that it introduces primarily segregated sanitary
wastes.
An industrial user of PVSC facilities that has a flow of
50,000 gallons or more per average workday, has in its waste a toxic
pollutant in toxic amounts or is found by the USEPA, NJDEP or PVSC
to have significant impact, either singly or in combination with other
contributing industries, in the PVSC treatment works or upon the quality
of the effluent from the PVSC treatment works.
An outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface or
ground water, including the Passaic River or any of its tributaries.
Refers to the New Jersey Department of Environmental Protection.
Refers to the national pollution discharge elimination system.
Any individual, firm, company, society, association, corporation
(public or private) or group.
The reciprocal of the logarithm of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions, in grams per liter
of solution. Neutral water has a "pH" value of seven (a hydrogen concentration
of 10-7). Lower "pH's" are acid; higher
"pH's" are alkaline.
Treatment given to industrial waste, prior to its discharge,
directly or indirectly, to the PVSC facilities, by the industry, in
order to remove illegal and/or undesirable constituents or to reduce
the strength of the waste.
Refers to the Passaic Valley Sewerage Commissioners.
A common sewer controlled by a governmental agency, public
utility or the municipality.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of ground- , storm- and surface waters
that are not admitted intentionally.
Waste derived principally from dwellings, office buildings
and sanitary conveniences. When segregated from industrial wastes,
they may come from industrial plants or commercial enterprises.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
Any discharge of water or wastewater 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.
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
A measurement of suspended solids, and/or biochemical oxygen
demand and/or chemical oxygen demand and/or any other parameter determined
by the PVSC as a fair indicator of the relative use, other than volumetric,
of the PVSC facilities by industrial wastes.
Total suspended matter that either floats on the surface
of, or is in suspension in, water, wastewater or other liquids and
that is removable by laboratory filtering as prescribed in Standard
Methods for the Examination of Water and Wastewater, and referred
to as nonfilterable residue.
As defined by the USEPA in 40 CFR 129 (38 F.R. 24342, September
7, 1973, and any superseding revisions).
Water of quality equal to or better than the effluent criteria
in effect of water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
Refers to the United States Environmental Protection Agency.
A charge to users consisting of two parts. The first part
is established by the PVSC based on volume and, where applicable,
on strength and/or flow rate to pay for the use of the PVSC facilities,
and the second part is established by the municipality to pay for
the use of the local sewer system and to pay for administration of
the billing and collection of the funds.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water and stormwater that may
be present.
The structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
The PVSC facilities.
It shall be unlawful to discharge into any natural
outlet within the municipality any wastewater or other polluted waters,
except where suitable treatment has been provided and where a national
pollution discharge elimination system permit has been obtained from
the appropriate governmental authority, where required.
No unauthorized person shall uncover, make any
connections with or opening into or use, alter or disturb any public
sewer or appurtenance thereof without first obtaining a permit from
the appropriate municipal official.
A.
Application for sanitary connections for dwellings,
groups of dwellings or industrial or commercial establishments with
only sanitary waste shall be made directly to the municipality. A
fee shall be paid to the municipality to process the application as
otherwise provided by ordinances of the municipality. The governing
body of the municipality shall designate some suitable person to maintain
a record of the number of sanitary applications and connections that
are added and removed from the system and shall make an annual report
to the Passaic Valley Sewerage Commissioners no later than February
1 of each year. When a direct connection to a PVSC sewer is requested
by the applicant, the request shall first be endorsed with the approval
of the governing body of the municipality and then submitted to the
PVSC for their action.
B.
Each existing industrial user which is presently connected
directly or indirectly to the wastewater facilities of the municipality
shall make application for a permit no later than 1977, whether the
connection is for industrial waste or stormwater. Applications for
future connections must be made and approved before a certificate
of occupancy may be issued. The application shall be made to the municipality
by the industry that generates the waste; however, the application
must be signed by the owner of the property whereon the industry is
located. After approval of the application by the municipality, the
application shall be forwarded to the PVSC for classification and
issuance of the permit by the PVSC.
Any existing industrial user which proposes
to make any change in its facility or its processing, which significantly
affects the quality or the quantity of its discharge into the system,
shall submit to the municipality an industrial sewer waste revision
application showing the contemplated changes. Any new tenant or occupant
of an existing industrial user shall submit an industrial sewer waste
revision application. The application, if approved by the municipality,
shall be sent to the PVSC, accompanied by the written approval of
the municipality. Existing industrial users that have applied for
permits may continue their discharge until their application has been
processed by the PVSC, except for any discharges which constitute
prohibited waste as otherwise provided in this Article or unless notified
by the PVSC to cease and desist their discharge. No certificate of
occupancy shall be issued for an industrial use until an industrial
permit has been issued by the PVSC, and no person shall occupy any
building or structure for the purpose of a new industrial use until
an industrial permit has been issued by the PVSC.
Industrial users shall be classified by the
PVSC as follows:
A.
Category I.
(1)
A Class I-A permit shall not be issued to an industry
defined as a major industry and, when issued, shall allow the industry
to discharge with no modification or pretreatment of flow.
(2)
A Class I-B permit is one issued to an industry classified
as a major industry. This permit shall allow the industry to discharge
with no modifications or pretreatment of flow; however, the PVSC may
require the installation of monitoring equipment.
B.
Category II.
(1)
A Class II-A permit shall allow an industry to discharge
pretreated wastes in accordance with standards established in the
permit.
(2)
A Class II-B permit shall allow an industry to continue
to discharge, subject to change of characteristics of its waste by
pretreatment or other means in accordance with a schedule as established
by the PVSC in the permit.
C.
Category III. The permit is denied, and the discharge
of prohibited materials must be halted or modified by a date established
by the PVSC and in accordance with conditions contained in the permit
denial.
The PVSC classification of an application is
subject to change by the PVSC upon written notification from the PVSC
to the applicant by certified mail. Any change shall be accompanied
by a detailed explanation of the reason for the change.
A.
Any industry aggrieved by a permit classification
by the PVSC shall have a right to appeal to the PVSC. Such an administrative
appeal shall be taken within 30 days of notification by the PVSC to
the industry of its decision. The notice of appeal shall be delivered
personally to the offices of the PVSC at 600 Wilson Avenue, Newark,
New Jersey, or shall be sent by certified mail, return receipt requested.
The taking of an appeal shall not stay the provisions of a Class III
denial. During the time of appeal, however, the Class II permits shall
be stayed; however, the staying shall not release any industry from
meeting any requirements of any schedule set by the New Jersey Department
of Environmental Protection or the United States Environmental Protection
Agency.
B.
Upon the filing of an appeal, the PVSC shall set the
date and time for a hearing before the Commissioners. The applicant
shall have the right to present evidence, shall have the right to
be represented by counsel and shall have the right of cross-examination.
Upon the conclusion of the hearing, the Commissioners shall make findings
of fact and conclusions.
All applications for industrial permits shall
be submitted on forms to be supplied by the PVSC and shall comply
with the instructions on said form.
In addition to the application for the permit
as hereinabove provided, each industrial user must complete an industrial
survey form which will be supplied by the PVSC and, from time to time,
shall update the form when required by the PVSC.
A.
All costs and expenses incidental to the installation
and connection of the building sewer shall be borne by the applicant,
and the applicant shall indemnify the municipality or the PVSC from
any loss or damage that may be occasioned by the installation of the
building sewer.
B.
All sewer connections shall be in accordance with
the requirements of the municipality as otherwise provided by ordinance.
In the case of the connection into the PVSC sewer, the connection
shall be in accordance with the conditions contained in the approval
of the PVSC.
C.
No person shall make connection on roof downspouts,
foundation drains, areaway drains or other sources of surface runoff
or groundwater to building sewer or drain which in turn is connected
directly or indirectly to a public sanitary sewer, unless approved
by the municipality for the purpose of disposal of polluted surface
drainage.
Whenever an industry is classified as a major
industry, it shall install an approved, sealed, automatic monitoring
system if required by the PVSC.
No uncontaminated water shall be discharged
into the PVSC system except with the prior written consent of the
municipality and the PVSC. (There will be two separate provisions,
one for municipalities with separate systems and one for municipalities
with combined systems.)
When pretreatment standards are adopted by the
United States Environmental Protection Agency for any given class
of industries, then any industry within that class must conform to
the United States Environmental Protection Agency timetable for adherence
to pretreatment requirements as well as all other applicable requirements
promulgated by the United States Environmental Protection Agency in
accordance with the provisions of the law. Additionally, such industries
shall comply with such more stringent standards necessitated by local
conditions as determined from time to time by the PVSC.
All industrial users shall provide immediate
access to their facilities at any time during normal working hours
or at any other time that there is a discharge into the PVSC system
or into any waters under the jurisdiction of the PVSC. Access shall
be for the purpose of checking the quality of the discharge, taking
samples and making tests of the discharge or for the purpose of permitting
enforcement of this Article. The access shall be made available to
the employees of the PVSC, New Jersey Department of Environmental
Protection, United States Environmental Agency and/or the municipality.
All users shall provide access to property and premises for inspection
for the purpose of determining if there is any violation of the terms
or provisions of this Article.
The following wastes are prohibited and may
never be discharged into wastewater facilities of the municipality
and the PVSC:
A.
Wastes that may create a fire or explosion hazard
in the sewer or wastewater facility, such as gasoline, fuel oil, cleaning
solvents, etc.
B.
Wastes that may impair or cause to impair the hydraulic
capacity of the sewer system, such as ashes, sand, metal, precipitates,
etc.
C.
Wastes that may create a hazard to people, the sewer
system, the treatment process or the receiving water, such as dangerous
levels of toxic materials.
D.
Wastes at a flow rate which is excessive over a relatively
short time period so that there is a treatment process upset and substantial
loss of treatment efficiency.
E.
Wastes below a pH of five unless the line is designed
to accommodate such waste.
F.
Any discharge of radioactive wastes or isotopes of
such half-life or concentration as may exceed limits established by
the PVSC in compliance with applicable state or federal regulations.
The following wastes may not be discharged without
special permission from the PVSC, upon a determination by the PVSC
that the discharge would not be detrimental to the system:
A.
Any discharge in excess of 150º F. (65º
C.).
B.
Any discharge containing more than 100 milligrams
per liter of mineral oil or grease.
C.
Any discharge containing floatable oil or grease.
D.
Any discharge of heavy metals or any other toxic materials
in toxic amounts, which amounts are to be established by the PVSC.
E.
Any discharge quantities of flow or concentration
which shall constitute a slug.
F.
Wastes with pH outside the limits of five point zero
(5.0) to nine point zero (9.0).
Each major industrial user shall construct or
otherwise have available a sampling point for sampling wastewater
before it enters the municipal sewer system. Other industrial users
may be required to construct such sampling point if ordered so to
do by the municipality or the PVSC.
No discharge into the wastewater facilities
of the PVSC shall be permitted from any source which causes physical
damage, interferes with the treatment process or results in a violation
of effluent limitations or other conditions contained in the national
pollution discharge elimination system permit to discharge issued
to the PVSC by the United States Environmental Protection Agency.
When required by the municipality, USEPA, NJDEP
or the PVSC, the owner of any property serviced by a building sewer
carrying industrial wastes shall install a suitable structure, together
with such necessary meters and other appurtenances to the building
sewer, to facilitate observation, sampling and measurement of the
wastes. Such structure, when required, shall be accessibly and safely
located and shall be constructed in accordance with plans approved
by the governmental agency requiring it. The structure shall be installed
by the applicant at his or her expense and shall be maintained by
him or her so as to be safe and accessible at all times.
All persons subject to this chapter shall be
required to provide information to the municipality and the PVSC as
needed to determine compliance with this chapter. These requirements
may include:
A.
Wastewater discharge, peak rate and volume over a
specified time period.
B.
Chemical analyses of wastewater.
C.
Information on raw materials, processes and products
affecting wastewater volume and quality.
D.
Quantity and disposition of specific liquid, sludge,
oil, solvent or other materials important to sewer use control.
E.
A plot plan of sewers of the user's property, showing
sewer and pretreatment facility location.
F.
Details of wastewater pretreatment facilities.
G.
Details of systems to prevent and control the losses
of materials through spills to the municipal sewer.
All measurements, tests and analyses of the
characteristics of waters and wastes 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
by the American Public Health Association, or other method or procedure
as may be approved by the PVSC. Sampling methods, locations, times,
durations and frequencies are to be determined on an individual basis
subject to the approval of the municipality and/or the PVSC.
All users shall be required to comply with the
requirement of user charges regulations and industrial costs recovery
system regulations to be adopted by the PVSC in accordance with the
requirements of the USEPA. The effective date for the implementation
of user costs regulations and industrial costs recovery system regulations
shall be established by resolution of the PVSC. The effective date
shall be certified by the PVSC, and said written certification shall
be filed in the office of the Municipal Clerk.
No person shall intentionally break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the wastewater facilities.
The governing body shall appoint or designate
some suitable person to administer this Article.
All users of the wastewater facilities shall
comply with the requirements of the written rules and regulations
of the PVSC which have been adopted and which, from time to time,
shall have been adopted, which regulations shall become effective
upon filing of certified copies in the office of the Municipal Clerk
after the effective dates of this Article.
[Added 5-1-1986]
No person shall make connection on roof downspouts,
foundation drains, areaway drains or other sources of surface runoff
or groundwater to a building sewer or drain, which in turn is connected
directly or indirectly to a public sanitary sewer unless approved
by the municipality for purpose of disposal of polluted surface drainage.
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 and/or the termination of the authority
to discharge into the system.
B.
Any person violating any of the provisions of this
Article shall, upon conviction, be subject to a fine not exceeding
$1,000, imprisonment for a term not exceeding 90 days, a period of
community service not exceeding 90 days, or any combination thereof.
[Amended 12-19-1996 by Ord. No. 96-14]
No ordinance heretofore adopted by the municipality
shall be affected by this Article, except that if any provisions of
any prior ordinance is in conflict with the provisions of this Article,
the provisions of this Article shall control.
