[Adopted 8-19-1987 as Ord. No. 161-87]
The following rules and regulations be and they
are hereby declared to be the rules and regulations governing the
use of Middle Township sewerage facilities and the discharge of sewage
and industrial waste therein, and the schedule of user charges for
the Middle Township Sewer Utility.
The purposes of these rules and regulations
are as follows:
A.
To prohibit the discharge into the Township's system
and thence to the Cape May County Utilities Authority's system of
any wastewaters that are not in compliance with any federal standards
promulgated pursuant to the Federal Water Pollution Control Act Amendments
of 1972 (FWPCAA), the Clean Water Act of 1977 (CWA), and any subsequent
revisions or amendments to said acts.
B.
To require the pretreatment of all wastewaters discharged
into the Township's system for which pretreatment standards have been
promulgated by the United States Environmental Protection Agency pursuant
to the Federal Water Pollution Control Act Amendments of 1972 (FWPCAA),
the Clean Water Act of 1977 (CWA), the New Jersey State Department
of Environmental Protection, the County Authority and/or by the Township
utility.
C.
To regulate the discharge of any wastewaters which
require the levying of a surcharge for either their discharge into
the Township's system or treatment by the County Authority.
D.
To establish flow charges and such other charges for
the introduction of wastewater into the Township's system.
A.
BOD (biochemical oxygen demand)
CHLORINE DEMAND
CMCMUA or COUNTY AUTHORITY
COD (chemical oxygen demand)
COMPANY
COMPATIBLE POLLUTANT
COOLING WATER
COUNTY AUTHORITY'S SYSTEM
CWA
DOMESTIC WASTE
EQUIVALENT UNIT
EXCESS INERT SUSPENDED SOLIDS
FWPCAA
GARBAGE
INCOMPATIBLE POLLUTANT
INDUSTRIAL USER
INDUSTRIAL WASTEWATER
INHIBITORY TOXICITY
INTERFERENCE
NJDEP
NPDES/NJPDES (National Pollutant Discharge Elimination System/New
Jersey Pollutant Discharge Elimination System)
PERSON
pH
PRETREATMENT
PRETREATMENT STANDARDS
PROPERLY SHREDDED GARBAGE
PUBLICLY OWNED TREATMENT WORKS or POTW
SANITARY SEWER
SIGNIFICANT INDUSTRIAL USER
SLUG
STORM DRAIN (sometimes termed "storm sewer")
STORMWATER
SURCHARGE
TOWN or TOWNSHIP
TOTAL SUSPENDED SOLIDS
TOWNSHIP SYSTEM
TOXIC POLLUTANT
UNIT
UNPOLLUTED WATER
USEPA
USER
USER CLASSIFICATION
WASTEWATER
WASTEWATER TREATMENT PLANT
Unless the context specifically indicates otherwise,
the following terms, as used in these rules and regulations, shall
have the meanings hereinafter designated:
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. The standard laboratory
procedure shall be that found in the latest edition of Standard Methods
for the Examination of Water and Wastewater.
The quantity of chlorine absorbed by a wastewater, allowing
a residual of 0.1 parts per million by weight after 30 minutes of
contact, expressed in milligrams per liter. The standard laboratory
procedure shall be that found in the latest edition of Standard Methods
for the Examination of Water and Wastewater.
The Cape May County Municipal Utilities Authority, a public
body politic and corporate of the State of New Jersey, which may include
a duly appointed deputy, agent, official or representative.
The quantity of oxygen required for the chemical oxidation
of organic matter in a liquid, expressed in milligrams per liter.
The standard laboratory procedure shall be that found in the latest
edition of Standard Methods for the Examination of Water and Wastewater.
Any corporation or business enterprise formed under the laws
of the State of New Jersey or any other state.
BOD, suspended solids, pH and fecal coliform bacteria, oil
and grease and such additional pollutants as are now or may be in
the future specified and controlled in the County Authority's applicable
NPDES/NJPDES permit for its wastewater treatment plant, where said
plant has been designed and used to stabilize, reduce or remove such
pollutants.
The water discharged from any use, such as air-conditioning,
cooling or refrigeration, during which the only pollutant added to
the water is heat.
All facilities constructed or acquired, owned and operated
by the Cape May County Municipal Utilities Authority for the purpose
of conveying, treating and disposing of wastewater, including but
not limited to trunk and interceptor sewers, pumping stations and
force mains, flow meters and meter chambers and the County Authority
treatment plant.
The Federal Clean Water Act of 1977, as amended.
Liquid wastes or liquid borne waste resulting from the noncommercial
preparation, cooking and handling of food and/or containing human
excrement and similar matter from the sanitary conveniences of dwellings,
commercial buildings, industrial facilities and institutions.
The equivalent wastewater flow from one single-family dwelling
unit and shall be applied to industrial, commercial and other users
at an average rate of 225 gallons per day.
The quantity of inert, nonvolatile suspended solids over
and above that normally found in domestic waste, expressed in milligrams
per liter. For purposes of surcharge calculations, normal domestic
sewage suspended solids shall be taken as sixty-percent volatile and
forty-percent inert.
The Federal Water Pollution Control Act Amendments of 1972.
Solid wastes resulting from the domestic or commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
Any pollutant which is not a compatible pollutant as defined
in this section.
Any nonresidential user or users identified in the Standard
Industrial Classification Manual, 1972, Office of Management and Budget,
as amended and supplemented under one of the following divisions:
The wastewater resulting from the processes employed by an
industrial or commercial user when any groundwater, surface water
and stormwater that may be present, whether treated or untreated,
is discharged into a treatment works.
Any demonstrable interference by a substance on the rate
of general metabolism (including rate of reproduction) of living organisms.
Inhibiting or disrupting of the CMCMUA treatment works system
or its treatment process so as to contribute to or cause a violation
of any condition of its state or federal permit under which the County
Authority operates; discharging industrial process wastewater which,
in combination with existing domestic flows, are of such volume and/or
strength as to exceed the domestic treatment process design capacity;
or preventing the use or disposal of sludge produced by the CMCMUA
treatment works in accordance with Section 405 of the Federal Clean
Water Act of 1977 (33 U.S.C. § 1251 et seq.) and the New
Jersey Guidelines for the Utilization and Disposal of Municipal and
Industrial Sludges and Septage or any regulations or criteria or guidelines
developed pursuant to the Federal Resource Conservation and Recovery
Act of 1976 (42 U.S.C. § 3251 et seq.), the Federal Clean
Air Act (42 U.S.C. § 7401 et seq.) and the Federal Toxic
Substances Control Act (15 U.S.C. § 2601 et seq.).
The New Jersey Department of Environmental Protection.
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 oceans as it applies to the Township
and/or the County Authority's permits to discharge and subsurface
discharge.
Any customer, individual, firm, company, partnership, corporation,
association, group or society and includes the State of New Jersey
and agencies, districts, commissions and political subdivisions created
by or pursuant to state law.
The logarithm of the reciprocal of the concentration of hydrogen
ions in moles per liter of solution.
The application of physical, chemical and biological wastewater
treatment processes to reduce the amount of pollutants in or alter
the nature of the pollutant properties in a wastewater prior to discharging
such wastewater into the regional authority's system.
All applicable federal rules and regulations implementing
Section 307 of the Act (CWA), as well as any nonconflicting state
or County Authority standards. In cases of conflicting standards or
regulations, the more stringent thereof shall be applied.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
sanitary sewers, with no particle greater than 1/2 inch in any dimension.
A treatment works as defined by Section 212 of the Federal
Act (33 U.S.C. § 1292). For the purposes of these sewer
use rules and regulations, "POTW" shall also include local collection
systems of participants or other sewers that convey wastewaters to
the "POTW."
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.
Any industrial user who discharges into the treatment works
industrial wastewater which either exceeds 25,000 gallons per day,
exceeds the mass equivalent of 25,000 gallons per day of waste based
upon a BOD of 300 milligrams per liter, a COD of 500 milligrams per
liter, or suspended solids of 300 milligrams per liter or contributes
5% or more of the daily mass loading of any of the pollutants listed
in Table 1.
[1]Any discharge of water, wastewater or industrial waste 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 sewer which carries storm- and surface waters and drainage,
but excludes sewage and industrial wastes other than cooling water.
Any flow occurring during or immediately following any form
of natural precipitation and resulting therefrom.
That charge assessed against a user whose waste discharge
contains specified constituents which exceed specified limits and
is imposed by the regional or County Authority as described herein.
The Township of Middle, a public body politic and corporate
of the State of New Jersey, which may include a duly appointed deputy,
agent, official or representative.
Solids that either float on the surface of or are in suspension
in water, wastewater or other liquids, expressed in milligrams per
liter. The standard laboratory procedure shall be that found in the
latest edition of Standard Methods for the Examination of Water and
Wastewater.
All facilities constructed or acquired, owned and operated
by the Township of Middle's Sewer Utility, including but not limited
to trunk and interceptor sewers, pumping stations and force mains,
flow meters and meter chambers.
Those pollutants or combinations of pollutants including
disease-causing agents which, after discharge into the environment
in sufficient quantities 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
to the County Authority, cause death, disease, behavioral abnormalities,
cancer, genetic mutations, physiological malfunctions, including malfunctions
in reproduction, or physical deformation in such organisms or its
offspring.
A dwelling unit or a portion of a structure normally occupied
by a single family.
Water not containing any pollutants limited or prohibited
by the effluent standards in effect or water whose discharge will
not cause any violation of receiving water quality standards.
The United States Environmental Protection Agency.
Any person who discharges or causes or permits the discharge
of wastewater into the Township's system.
A classification of user based on the latest edition of the
Standard Industrial Classification (SIC) Manual prepared by the Office
of Management and Budget.
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 Township's system.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge, as defined in POTW.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
B.
"Shall" is mandatory; "will" is mandatory; "may" is
permissive.
C.
Terms not otherwise defined herein shall be as adopted
in the latest edition of Standard Methods for the Examination of Water
and Wastewater, published by the American Public Health Association,
the American Water Works Association and the Water Pollution Control
Federation; the Federal Guideline for State and Local Pretreatment
Programs, Volume I, 1977, or the latest revision thereof; the sewer
use rules and regulations of the Cape May County Municipal Utilities
Authority attached hereto as Exhibit A.[2]
[2]
Editor's Note: Exhibit A is on file in the
office of the Cape May County Municipal Utilities Authority.
A.
Applications.
(1)
All proposed sewer extensions, lateral connections
and/or wastewater treatment facilities for residential and commercial
users where the number of units or equivalent units being served is
one or more, and all industrial users regardless of size, located
within the Township's service area are required to file an application
(Exhibit B)[1] with the Township for sewerage service. In order to receive
consideration, applicants must file one month in advance of a regularly
scheduled meeting of the Township Committee, on prescribed forms furnished
by the Township, and include with their submission all documentation
and fees required for proper review. In the event that an Application
for Sewer Extension[2] is rejected, any (and all) subsequent reapplications must
be accompanied by a nonrefundable reapplication fee of $300. In addition,
prior to the Township taking formal action on the reapplication, the
actual cost associated with the review of the reapplication must be
paid in full to the Township. These provisions shall apply to all
users within the geographical limits of the participants being served
by the Township, whether such user connects directly into a Township
sewer or into a private sewer connected to a Township sewer.
[1]
Editor's Note: Exhibit B is included at the end of this chapter.
[2]
Editor's Note: The Application for Sewer Extension is included at the end of this chapter.
(2)
An application for inspection (Exhibit C)[3] shall apply only to direct connection into a Township
sewer.
[3]
Editor's Note: Exhibit C is included at the end of this chapter.
(3)
All industrial users presently connected to or tributary
to Township facilities, as well as all new industrial users, shall
be required to apply for and obtain a discharge permit in accordance
with Article VII, Notification, Inspection, Testing and Control for
Industrial Wastewaters and Article VIII, Discharge Permit System of
the Sewer Use Rules and Regulations of the CMCMUA. The CMCMUA Rules
and Regulations are reproduced as Exhibit A to these rules and regulations.[4] Any subsquent amendments to the CMCMUA Rules and Regulations
shall be considered as part of Exhibit A. Copies of all correspondence,
permits and actions by the County Authority and participants shall
also be submitted to the regional authority.
[4]
Editor's Note: Exhibit A is on file in the
office of the Cape May County Municipal Utilities Authority.
B.
Connections to the Township of Middle system.
(1)
Only a person within the municipal boundaries of the
Township of Middle will be allowed to make connections to discharge
sewage into the Township of Middle system.
(2)
No person shall uncover, connect with, make any opening
into or use in any manner any sewer or facility of the Township of
Middle system for connecting local collection sewerage systems without
first making application for such connection and receiving the written
consent of the Township.
(3)
Prior to making any connection to the Township's system,
the applicant shall have the plans and specifications for the connections
reviewed and approved by the Township. Said plans and specifications
shall be reviewed by the Township within 45 days. Upon receipt of
approval from the Township, the applicant shall file an application
for inspection of direct connection at least 15 days before such connection
is to be made so that the Township may supervise and inspect the work
of connection.
(4)
All local collection sewerage systems from new subdivisions
or major site development connections to the Township system will
be made at manholes located on the interceptor sewer. Connections
directly to the force mains will not be allowed.
[Amended 12-16-2002 by Ord. No. 1120-2002]
(5)
Individual business, commercial and house connections,
etc., will not generally be permitted to be made directly to the Township's
force mains.
[Amended 12-16-2002 by Ord. No. 1120-2002]
(6)
Prior to construction of the Township of Middle's
sewerage system, and when acceptable and approved by the Township,
the Township will provide connection points in those manholes requested
by an applicant.
(7)
For connection points specified for manholes originally
constructed in paved streets or roads, connection stubs will extend
to the edge of the pavement. For connection points to manholes located
in Township easements, knockout bulkheads or short stubs will be provided.
(8)
Where possible and practicable, all connections of
the local collection sewerage system to the Township's interceptor
sewer will be made at an invert elevation where the eight-tenths depth
points of both sewers are at the same elevation.
(9)
All connections must be plugged at the applicant's
manhole until the Township furnishes the authority written notification
that the interceptor sewer is ready for service.
(10)
All connection lines installed between the Township's
system and the applicant's local collection sewerage system will become
the property of the Township and be maintained by the Township after
the Township's system becomes operational.
(11)
In all Township manholes where internal drop
connections have been installed for an applicant's local collection
sewerage system, the drop connections shall be maintained by the Township.
C.
Procedures for connections.
(1)
Local collection sewerage systems for which connection
stubs and knockout bulkheads have not been provided and which systems
have been installed prior to installation of the Township system:
(a)
Connections to the Township system under this
condition will be evaluated on an individual case-by-case basis.
(b)
If it is determined that the connection can
be made, the work will be done by the Township and the connection
cost will be borne by the applicant.
(c)
Lateral upgrades/flow meters/appeal procedures.
[Added 5-16-2022 by Ord. No. 1645-22]
[1]
All new commercial construction shall be required to install a six-inch
diameter lateral. For commercial developments containing multiple,
separate units, each individual unit must be provided with its own,
independent lateral connection. Each commercial lateral connection
must be provided with separate cleanout located at the building property
line, accessible to the Township.
[2]
All new or existing commercial units shall be required to install
an individual water flow meter if not serviced with Township water
or the service recipient shall pay the default service rate set forth
in the attached Schedule A-1[5], which is predicated upon DEP guidelines.
[5]
Editor's Note: Schedule A-1 is on file in the Township offices.
[3]
In the event that a new commercial property is serviced by a preexisting
four-inch lateral and the service recipient can demonstrate that the
flow warrants the installation of a four-inch line, then said service
recipient may appeal to the Township for relief permitting the four-inch
lateral to remain.
[a]
Such appeal shall be initiated by providing the following:
[i]
A detailed letter to the Administrator requesting the proposed
relief;
[ii]
A written calculation by a licensed engineer or architect demonstrating
the actual flow of the proposed commercial unit;
[iii]
Internal inspection by CCTV of the existing lateral
or other evidence satisfactory to the Township establishing the existing
condition of the preexisting lateral and acceptability for continued
use;
[iv]
A detailed diagram of the building; and
[v]
A $500 escrow fee to cover the cost of the appeal review.
[b]
The appeal shall be decided by the Sewer Engineer, whose determination
shall be binding.
[c]
Further, in the event that the use of such a commercial premises
changes, then the new service recipient must demonstrate the level
of flow usage to justify the continued use of a four-inch lateral,
or the service must be upgraded to a six-inch lateral.
(2)
Local collection sewerage systems for which connection
stubs or bulkheads have not been provided and which are being installed
concurrently with the Township system:
(3)
Local collection sewerage systems installed either
after the Township system is installed or is operational:
(4)
Local treatment and disposal systems in nonsewered
areas:
(a)
In nonsewered areas of the Township, the sewer
utility will not require any permit for the construction of an individual
sewage disposal system approved by the local Department of Environmental
Health.
(b)
Any applicant making application to the New
Jersey Department of Environmental Protection for a NJPDES permit
which requires the Township of Middle to be co-permittee shall be
subject to the following rules:
[1]
The Township is under no obligation to act as
co-permittee. The Township will evaluate each request on an individual
case-by-case basis. The Township will not entertain any application
to act as co-permittee until such time as the applicant has received
all other local, county, state or federal permits that his project
will require.
[2]
The cost of all expenses incurred by the Township
and its consultants in evaluating any request for co-permittee status
shall be borne by the applicant.
[3]
If the Township agrees to act as co-permittee,
the following conditions shall apply:
[a]
The Township, along with the applicant,
shall have the right to select the design consultant to design and
inspect the project during construction.
[b]
The cost of design, construction,
inspection and all else necessary therefor shall be borne by the applicant,
The applicant shall deposit with the Township the necessary sums of
money to cover the design consultant's fees for design and inspection
of the project.
[c]
The design consultant shall be
responsible to the Township as well as the applicant for the proper
design of the facilities. In this regard the consultant shall file
monthly reports with the Township concerning the progress of the project.
The consultant shall certify to both the Township and applicant that
the facilities constructed are in accordance with his design and capable
of meeting all requirements of the NJPDES permit.
[d]
The Township shall operate the
facility upon receipt of an operating permit from the appropriate
authorities. The facilities shall remain the property of the applicant.
The applicant shall pay to the Township all costs of operation, maintenance,
repair, testing and all else necessary and incidental to the operation
of the facility. Failure of the applicant to make payment for these
costs shall constitute a lien against the property of the applicant.
[e]
The Township shall provide the
applicant with a contract embodying the above terms as well as such
other or additional terms which, in the opinion of its solicitor or
engineer, are unique to the applicant's particular situation.
[4]
The Township of Middle reserves the right to
impose additional conditions which, in the opinion of the Township,
its officers and officials, will protect and promote the public interest.
(c)
All costs incurred by the Township with respect
to this matter covering engineering, legal, accounting or other similar
expenses shall be reimbursed to the Township by the applicant.
(d)
The determination by the Township of Middle
to act as a co-permittee in a single, limited instance shall not be
construed as an agreement by the Township of Middle to act in this
capacity in any other such application. The Township of Middle expressly
reserves the right to refuse to act in such capacity in the future.
[Added 6-20-1991 by Ord. No. 778-91]
A.
If an application for sewer extension is made to the
Township which involves the construction of sanitary sewers within
public rights-of-way or proposed easements which, upon completion
and acceptance, is turned over to the Township, then the applicant
shall establish an escrow account with the Township for the purpose
of covering professional costs for the inspection of the installation
of the sewer extension.
B.
Estimates of the value of the work shall be prepared
by the applicant and shall be submitted to the Township for review
and concurrence. The value of the work shall serve as a basis for
the determination of the value of the escrow account
C.
Fee schedule. The applicant, where required under § 204-22.1A, shall submit with his or her application for inspection of sewer extension a check or checks made payable to the Township of Middle at a value of 5% of the estimated and agreed upon value of construction.
D.
The escrow fee shall be forwarded by the Sewer Department
Administrator to the Treasurer of Middle Township for deposit into
a developer's escrow account.
E.
Funds shall be applied to professional costs charged
to the Township by professional consultants (planner, engineer, attorney
and any other consultant or specialist retained by the Department
for services), including but not limited to review of shop drawings,
on-site field inspection, attendance at meetings, correspondence or
other matters relating to the construction and installation of the
sewers in question.
F.
All escrow accounts not actually used shall be refunded
to the applicant upon request and upon the recommendation of the Sewer
Department. Failure by the applicant to request unused escrow funds
for a period of two years shall render the moneys within that applicant's
account nonrefundable. The Sewer Department shall so notify the Treasurer,
who will transfer the remaining escrow from the applicant's account
into the general treasury. A detailed accounting of all moneys expended
from the escrow funds shall be available to the applicant upon request.
G.
In addition, prior to final acceptance by the Township
of ownership and operation of all sewers installed by the applicant,
all actual costs associated with the inspection of said sewers, if
exceeding the escrow account, shall be paid by the applicant.
[Added 6-20-1991 by Ord. No. 778-91]
Prior to final approval and endorsement of applications
for sewer extensions, the Sewer Department may require the provision
of performance and maintenance guaranties in accordance with the following
standards. All required performance bonds shall be submitted and be
in effect prior to the commencement of construction. All required
maintenance bonds shall be submitted and be in effect prior to completion
and acceptance of the sewers by Middle Township.
A.
Estimates.
(1)
The value of the performance and maintenance
guaranties shall be based upon the estimated value of construction
as prepared by the applicant and approved by the Township Sewer Department.
(2)
The governing body shall pass a resolution acknowledging
the approved estimated value of construction. The amount of the performance
guaranty shall not exceed 120% of the estimated cost. The amount of
the maintenance guaranty shall not exceed 15% of the cost of the improvements.
B.
Approval by Municipal Attorney.
(1)
The applicant shall present two copies of the
performance guaranty in an amount equal to the estimate for approval
as to the form and execution by the Municipal Attorney.
(2)
The Municipal Attorney shall determine whether
the performance guaranty is in proper form and notify the Administrator
of the Sewer Department, prior to the meeting, that the performance
guaranty is properly executed and can be added to the agenda.
C.
Bonding and cash requirements.
(1)
The performance guaranty shall be made payable
and deposited to Middle Township and shall be in the form of cash
or certified check or a performance bond in which the owner shall
be principal, the bond to be provided by an acceptable surety company
licensed to do business in the State of New Jersey, or such other
form as may be approved by the Municipal Attorney. Every bond shall
contain a clause to the effect that a determination by the Township
Engineer that the principal has defaulted in the performance of his
obligation shall be binding upon the surety and the principal.
(2)
Ten percent of the amount of the approved guaranty
estimate shall be deposited by the owner, in cash, with the Township.
The remaining 90% may be in cash or surety bond.
A.
No user shall discharge, deposit, cause or allow to
be discharged or deposited any stormwater, surface water, groundwater,
roof runoff, subsurface drainage, swimming pool water, uncontaminated
cooling water or unpolluted industrial process waters to any Township
interceptor sewer or sanitary sewer tributary thereto.
B.
No user shall discharge, deposit, cause or allow to
be discharged or deposited into any Township interceptor sewer or
sanitary sewer tributary thereto any wastewater which contains the
following:
(1)
Oils, tar, grease, combustible gases and liquids,
insoluble solids of any kind or other substances which would impair,
impede, affect, interfere with or endanger the sewerage system or
any part thereof.
(2)
Gasoline, benzene, naphtha, paints, lacquers, fuel
oil or other flammable or explosive liquid, solid or gas which by
reason of its nature or quality may cause fire or explosion or which,
in any way, may be injurious to personnel or the sewerage system.
(3)
Substances of such a nature as to form noxious or
malodorous gases or substances which either singularly or through
interaction with other substances found in wastewater create a public
nuisance, hazard to life or prevent entry into any portion of the
sewerage system for operational duties, maintenance or repair.
(4)
Solids or viscous substances in quantities or of such
size capable of causing obstruction to the flow in sewers, or other
interference with the proper operation of the regional sewerage system
such as, but not limited to, ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, paunch manure,
hair, fleshings, offal, entrails, paper products, etc.
(5)
Garbage not properly shredded.
(6)
Septic tank or cesspool wastes.
(7)
Wastewater having an objectionable color which is
not removable in the County Authority's wastewater treatment facility.
(8)
Any wastewater or vapor having a temperature higher
than 150º F. or 65º C.
(9)
Any wastewater containing fats, wax, grease or oils,
whether emulsified or not, in excess of 100 milligrams per liter or
containing substances which may solidify or become viscous at temperatures
between 32º F. and 150º F. or 0º C. and 60º C.
All restaurants, garages, commercial establishments, etc., from which
these substances will be discharged shall be equipped with grease
traps.
(10)
Any wastewater containing phenolic compounds
over 1.0 parts per million, expressed as phenol.
(11)
Any wastewater having a pH value of less than
5.5 or greater than 9.5 or found to be excessively corrosive.
(12)
Any radioactive substances.
(13)
Any wastewater having a flash point lower than
235º F. (113º C.) as determined by the Tagliabue (Thg.)
closed cup method.
C.
In order for the sewerage system to operate properly
and to avoid any detrimental effects, particularly in the interceptor
system and pump/lift stations, no participant may discharge sewage
into the sewerage system which contains any total of dissolved sulfides
in excess of limitations established by the Sewer Use Rules and Regulations
of the County Authority and which has a dissolved oxygen concentration
of less than 1.0 parts per million.
D.
No person shall discharge or permit to be discharged
into the system the following wastewaters, if it appears likely in
the opinion of the Township or the County Authority, that such wastes
can impair, impede, affect, interfere with or endanger the Township
system or the County Authority, or interfere with the efficiency of
their operation:
(1)
Any wastewater with a biochemical oxygen demand (BOD)
in excess of 300 parts per million expressed in milligrams per liter.
(2)
Any wastewater with a suspended solids content in
excess of 300 parts per million or containing suspended solids of
such character or quantity that unusual attention or expense is required
to handle or treat such materials.
(3)
Any wastewater containing substances in sufficient
quantity to cause injury or hazard to personnel, damage to structures
or equipment or interfere with the Township or County Authority systems
or any portion of the liquid or solids treatment or handling processes,
or that will pass through the treatment facilities in such condition
that it will not achieve state, federal or other existing requirements
for the effluent or for the receiving waters. The following chemicals
are specifically prohibited: alcohols, aldehydes, arsenic and arsenicals,
bromine, chlorinated hydrocarbons, compounds with chlorine demands
in excess of 100 parts per million, chromium or chromium compounds,
copper and copper salts, cresols, cyanides or cyanide compounds, fluorine,
iodine, mercury or mercury compounds, nickel and nickel compounds,
pesticides, silver and silver compounds, sulfonamides, toxic dyes
(organic or mineral), zinc and zinc compounds; all strong oxidizing
agents such as peroxides, chromates, dichromates, permanganates, etc.,
compounds producing hydrogen sulfide or any other toxic, inflammable
or explosive gases either upon acidification, alkalization, reduction
or oxidation; strong reducing agents such as nitrates, sulfites, sulfides;
strong acids or strong alkalis.
(4)
Unusual volumes of flow or concentrations of wastewater
constituting slugs as defined herein.
(5)
Wastewater containing substances which are not amenable
to treatment, stabilization or reduction by the wastewater processes
employed by the County Authority, or are amenable to treatment only
to such degree that the treated effluent cannot meet the requirements
of other agencies having jurisdiction over its discharge to the receiving
waters or which contain any substance which may cause the County Authority's
sludge to be unsuitable for reclamation or reuse.
E.
If any wastewaters are discharged or are proposed to be discharged, directly or indirectly, into the Township system which contain the substances or possess the characteristics enumerated in Subsections B, C and D of this section and which, in the judgment of the Township or County Authority, may have a deleterious effect upon the Township or county sewerage systems, receiving waters or life or constitute a public nuisance, the Township will exercise one or more of the following options:
(1)
Order the discharge of the wastes to permanently cease.
(2)
Order the discharge of the wastes to cease until such
time as the discharger of such wastes provides a detailed report (prepared
by a professional engineer with expertise in the treatment of industrial
wastes) to the Township and County Authority containing recommendations
as to the method of pretreatment and acceptability of such wastes
into the Township and County Authority systems. Upon the Township
and County Authority's acceptance of said report, said wastes may
again be accepted on a trial basis.
(3)
Require pretreatment to an acceptable condition for
discharge to the County Authority system or the Township sewerage
system.
(4)
Require control over the quality, quantity and rate
of discharge of said waste.
F.
No user shall discharge, deposit, cause or allow to
be discharged or deposited any prohibited wastewaters as defined in
40 CFR 128.131 (revised 7/1/1978) Page 164 or subsequent amendments
thereto or any pollutant other than in compliance with these regulations
or which shall cause the Township or County Authority to violate the
federal standards promulgated pursuant to the Federal Water Pollution
Control Act Amendments of 1972 (FWPCAA), the Clean Water Act of 1977
(CWA), NPDES criteria and any more stringent state or local standards.
G.
No statement contained in this section shall be construed
as preventing any special agreement or arrangement between the Township
and County Authority and any person whereby a wastewater with high
BOD or suspended solids values, a high chlorine demand or with unusual
strength or characteristics may be accepted by the Township and the
County Authority for conveyance or treatment at an additional charge,
provided that the Township and the County Authority have determined
at the expense of the person that the wastewater can be adequately
conveyed by the Township system and conveyed and treated by the County
Authority system without any deleterious effects.
H.
Pretreatment will be required for all industrial wastes discharged by industries as defined in 40 CFR 128.124 of the Federal Register, dated November 7, 1973, or any subsequent revision thereto, for which pretreatment standards have been or are subsequently promulgated by the USEPA or for any discharge requirements developed by the NJDEP. Article VI, Use of the Treatment Works of the Rules and Regulations of the Cape May County Utilities Authority will govern such requirements.
[Amended 12-16-2002 by Ord. No. 1120-2002]
I.
Limitations on wastewater discharges. Table 1[1] presents the maximum concentrations of certain pollutants
allowable in wastewater discharges to the treatment works by any user.
Dilution of any wastewater discharge for the purpose of satisfying
these requirements shall be considered a violation of these sewer
use rules and regulations. The limits on certain pesticides, benzidine
and PCB's in Table 1 are in conformance with the final toxic effluent
standards published in the Federal Register (40 CFR 129).
[1]
Editor's Note: Table 1 is included at the end of this chapter.
A.
Regulatory actions. If any water or wastes are discharged or are proposed to be discharged to the Township's system or to any sewer system tributary thereto, which waters contain the substances or possess the characteristics enumerated in § 204-23 of these rules and regulations, the County Authority, through the Township or the Township authority, may take action necessary to:
(1)
Order the discharger of the wastes to permanently
cease and/or terminate sewerage services to the user.
(2)
Require the discharger to demonstrate that in-plant
modifications will reduce or eliminate the discharge of such substances
in conformity with the rules and regulations.
(3)
Require pretreatment, including storage facilities,
or flow equalization necessary to reduce or eliminate the objectionable
characteristics or substances so that the discharge will not violate
these rules and regulations.
(4)
Require payment of a surcharge to the Township and/or
County Authority, as provided in the rules and regulations, which
is intended to cover the added cost of handling and treating the loads
imposed upon the Township and County Authority systems.
(5)
Take such other remedial action as may be deemed to
be desirable or necessary to achieve the purpose of these rules and
regulations.
B.
Submission of plans. Where pretreatment, storage or
equalization of wastewater flows prior to discharge into any part
of the Township's system is required, plans, specifications and other
pertinent data or information relating to such pretreatment or flow-control
facilities shall first be submitted to the Township and County Authorities
for review and approval. Such approval shall not exempt the discharge
or the facilities from compliance with any applicable code, ordinance,
rule, regulation or order of any governmental authority. Any subsequent
alterations or additions to such pretreatment or flow-control facilities
shall not be made without due notice to and prior approval of both
the Township and County Authority.
C.
Protection from accidental discharge. Each user shall
protect the Township and County Authorities from accidental discharge
of prohibited materials or other wastes regulated by these rules and
regulations. Facilities to prevent accidental discharge to the Township
or County Authority of prohibited materials shall be provided and
maintained at the owner or operator's own cost and expense. Detailed
plans showing facilities and operating procedures to provide this
protection shall be submitted to both the Township and County Authorities
for review, and shall be approved by both the Township and by the
County Authority before construction of the facility. Review and approval
of such plans and operating procedures shall not relieve the industrial
user from the responsibility to modify the user facility as necessary
to meet the requirements of these rules and regulations.
D.
Reporting of accidental discharge, If, for any reason,
a user does not comply with or is unable to comply with any prohibition
or limitations in these rules and regulations, the user responsible
for such discharge shall immediately telephone and notify the Township
and County Authorities so that corrective action may be taken to protect
their respective systems. In addition, a written report addressed
to each of the authorities detailing the date, time and cause of the
accidental discharge, the quantity and characteristics of the discharge
and the corrective action taken to prevent future discharges shall
be filed by the user within five days of the occurrence of the noncomplying
discharge.
[Added 2-2-1998 by Ord. No. 1007-98]
The following regulations shall apply to wastewater
disposal resulting from the backwashing of swimming pools:
A.
The system for wastewater disposal shall be adequate
to serve the facility including bathhouse, locker room, and related
accommodations.
B.
Sanitary sewage and filter backwash waters shall be
disposed of without creating nuisances or sources of foulness.
C.
Over-flow water shall be returned to the filter system
or discharged to a waste system.
D.
Backwash water shall be discharged into a wastewater
disposal system.
E.
All wastewaters shall be disposed of by one of the
following approved methods:
(1)
Sanitary sewer. The discharge of any wastewater
into a sanitary sewer shall have the approval of the Middle Township
Sewage Authority.
(2)
Natural waters. The discharge of any wastewater
into the natural waters of the state shall not be allowed without
a NJPDES permit issued by the State Department of Environment Protection,
Division of Water Resources, Bureau of Industrial Waste Management,
CN 029, Trenton, New Jersey 08625.
(3)
Subsurface sewage disposal facilities. The location
and construction of a subsurface sewage disposal system shall be in
Jersey Water Pollution Control Act Regulations (N.J.A.C. 7:14) and
local laws, ordinances and regulations and all ordinances of the Township
of Middle.
A.
Notification violation. Whenever the Township finds
that any person has violated or is violating these rules and regulations
or any prohibition, limitation or requirement contained herein, the
Township 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.
B.
Legal action. Any discharge in violation of the substantive
provisions of these rules and regulations or an order of the Township
shall be considered grounds for legal action. If any person discharges
sewage, industrial wastes or other wastes into the Township's system
contrary to the substantive provisions of these rules and regulations
or any order of the Township, the Township may commence an action
for appropriate legal and/or equitable relief in the Superior Court
of the respective county.
A.
In addition to the charges and surcharges provided
herein, in the event that any user shall violate an order of the Township
or willfully or negligently fail to comply with any provisions of
these rules and regulations, the Township may institute an appropriate
action against such person to recover the damages caused to its conveyance
system as well as the costs incurred to rectify such conveyance difficulties
as may have occurred as a result of such violation, together with
reasonable attorneys' fees, court costs, court reporters' fees and
other expenses of litigation.
B.
Any person or user violating any of the provisions
of these rules and regulations shall become liable to the Township
for any expense, loss or damage occasioned by the Township by reason
of such violation.
C.
In addition to the liability for any expense, loss or damage imposed by Subsection B and all other remedies available to the Township, the failure of any person or user to correct a violation after notice thereof in accordance with Subsection A within the time specified in such notice may, in the discretion of the Authority, subject the person or user to a fine in an amount up to $200 per day for each day the violation remains uncorrected.
Nothing contained in these rules and regulations
shall be construed as preventing any special agreement or arrangement
between the Township and any owner of property located therein upon
application made and a finding by the Township and the Regional Authority
that such special agreement or arrangement would be in the best interests
of the Township and the Regional Authority.
The application forms annexed hereto shall be
deemed part of these rules and regulations.
The Township reserves the right to revise these
rules and regulations or to adopt additional rules and regulations
from time to time as it shall deem necessary for the operation, maintenance
and protection of the Township system or for any other reason the
Township deems is desirable or necessary for performing its functions.
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the Township's sanitary
sewer collection system.
[Added 11-17-1991 by Ord. No. 793-91; amended 8-17-1995 by Ord. No. 938-95]
A.
Purpose and application.
(1)
Purpose. This program establishes the minimum
requirements for safe entry, continued work in and exit from wet wells,
drywells and manholes.
(2)
Application. The procedures described in this
program are mandatory for entry and work in confined spaces. Written
entry permits are required for all confined space entry and work as
follows[1]:
|
Confined Space
|
Entry Permit Category
| ||
|---|---|---|---|
|
Manholes in collection system
|
Duration of work permit
| ||
|
Drywells
|
Annual Permit
| ||
|
Holly Avenue
| |||
|
Railroad Avenue
| |||
|
Joffre Avenue
| |||
|
780 Stone Harbor Boulevard
| |||
|
736 Stone Harbor Boulevard
| |||
|
617 Stone Harbor Boulevard
| |||
|
Pacific Avenue
| |||
|
Sayre Road
| |||
|
Court House South Dennis Road
| |||
|
Wetwells
|
Specific Entry Permit
| ||
|
15th Street
| |||
|
11th Street
| |||
|
6th and Roosevelt
| |||
|
Oak and Sunray
| |||
|
780 Stone Harbor Boulevard
| |||
|
736 Stone Harbor Boulevard
| |||
|
617 Stone Harbor Boulevard
| |||
|
666 Avalon Boulevard
| |||
|
Holly Avenue
| |||
|
Railroad Avenue
| |||
|
Joffre Avenue
| |||
|
Pacific Avenue
| |||
|
Sayre Road
| |||
|
Court House South Dennis Road
| |||
[1]
Editor's Note: The confined space entry permit form is included at the end of this chapter.
B.
Entry permit system.
(1)
Duration of work permit, specific entry permit.
The duration of work permit and the specific entry permit will contain
identical entry requirements and specifications and will differ only
in that the duration of work permit will be issued only for collection
system work where it may be necessary to enter more than one manhole
during the course of the work. The specific entry permit will be issued
only for entry to one specific confined space. Either permit will
be issued only for one work period, not to exceed eight hours.
(2)
Annual permit. The annual entry permit will
be issued only for entry to the drywells which contain a permanent
continuous-duty ventilation system. This permit will require use of
a specified gas detector prior to entry and while working in the drywell.
The permit will be valid for daily maintenance and inspection for
a period of one year.
(3)
Issuance of permits. Entry into a confined space
will only be authorized by the signature of the person in charge of
the entry on the entry permit. The person in charge of the entry will
only sign the entry permit after completing the permit checklist.
This will certify that all atmospheric testing and ventilation of
the confined space has been completed, that the atomosphere in the
confined space is safe for entry and that all hazard warning devices
and safety equipment (including retrieval lines) are available at
the site. The person in charge of the entry will assure that an attendant
is stationed at the entrance to the confined space throughout the
period of work in the confined space.
(4)
Duties of the person in charge of entry.
(a)
The person in charge of entry, Walter Turnier,
Sewer Maintenance Supervisor, shall:
[1]
Assure that the pre-entry portions (checklist)
of the permit are completed before any employee enters a confined
space.
[2]
Verify that the necessary pre-entry conditions
exist.
[3]
Verify, if an in-plant rescue team will be used,
that the in-plant rescue team is available.
[4]
Verify that the means for summoning the in-plant
rescue team or other emergency assistance are operable.
[5]
Terminate the entry upon becoming aware of a
nonpermitted condition.
(b)
If the person in charge of entry is present
throughout the entry and work period, this person may serve as the
attendant.
(5)
Duties of the attendant.
(a)
The attendant shall:
[1]
Remain outside the confined space;
[2]
Maintain continuous communication with all authorized
entrants within the confined space by voice, radio, telephone, visual
observation, or other equally effective means. If it is not possible
for one attendant to maintain communication with each entrant because
of the work station of the entrant in the confined space, other arrangements
shall be made to assure that the attendant is continuously aware of
the location and condition of any entrant who is out of range of direct
communication in the confined space because of his work station;
[3]
Have the authority to order entrants to exit
the confined space at the first indication of a nonpermitted condition,
for example, unusual conduct by the entrants or if a situation occurs
outside the confined space that could pose a hazard to the entrants;
[4]
Know the procedure and have the means to summon
immediate emergency assistance if needed;
[5]
Remain in his or her post and not leave for
any reason except self-preservation, unless replaced by an equally
qualified individual while entry continues. The attendant shall order
the entrants to exit the confined space if the attendant must leave
and there is no replacement; and
[6]
Warn unauthorized persons not to enter, or to
exit immediately if they have entered, and advise the authorized entrants
and any others specified by the employer of entry by unauthorized
persons.
C.
Training.
(1)
Training for all employees.
(a)
All employees who may be exposed to confined
spaces in the course of their employment shall be made aware of the
approprate procedures and controls for entry.
(b)
All employees shall be made aware that unauthorized
entry into such spaces is forbidden.
(c)
All employees shall be made aware that the consequences
of unauthorized entry could be fatal, and that their senses are unable
to detect and evaluate the severity of atomospheric hazards.
(2)
Training for authorized entrants.
(a)
All authorized entrants and in-plant rescue
teams shall receive training, including annual retraining covering
the issues of (b) through (f) below prior to entering any confined
space. The employer shall retain a written record of the hours and
subject matter of such training.
(b)
Every employee, before entering a confined space
containing a potentially hazardous environment shall understand the
nature of the hazard and the need to perform appropriate testing to
determine if it is safe to enter.
(c)
Employees shall be taught the proper use of
all personal protective equipment, including respirators and clothing
required for entry or rescue, and the proper use of protective shields
and barriers. All the training provisions of N.J.A.C. 12:100-4.2(a)
7 Subpart 1, Personal Protective Equipment shall be complied with.
(d)
Employees shall be trained to exit from a confined
space as rapidly as they can without help (self-rescue) whenever an
order to evacuate is given by the attendant, or whenever employees
recognize the warning signs of exposure to hazardous substances whose
presence in the confined space is known or expected.
(e)
Employees shall be made aware of the toxic effects
or symptoms of exposure to anticipated hazardous materials that may
be inhaled or absorbed through the skin. Employees shall be trained
to relay an alarm to their attendant and to attempt self-rescue immediately
on becoming aware of these effects.
(f)
Employees shall be trained in any modification
of normal work practices that are necessary for work in confined space.
(g)
Employees performing atmospheric tests of the
confined space shall be properly trained in the use and calibration
of testing equipment.
(3)
Training for person authorizing or in charge
of entry.
(a)
The person in charge of entry shall be trained
in:
[1]
Recognizing the effects of exposure to hazards
reasonably expected to be present; and
[2]
Authorized procedures for summoning rescue or
other emergency service;
[3]
Recognition of the early behavioral signs of
intoxication caused by contaminants or asphyxiants whose presence
could be anticipated in the confined space;
[4]
The requirements for entrants if the permit
specifies that the function of the attendant will alternate among
the authorized entrants; and
[5]
The requirements for in-plant rescue team if
the attendant will have rescue duties that could require entry.
D.
In-plant rescue team.
(1)
An in-plant rescue team shall consist of personnel
equipped with the personal protective equipment, including respiratory
protective equipment, necessary for entry into a confined space, and
with the rescue and retrieval equipment the employer has provided
for rescue from a confined space.
(2)
The rescue team shall be trained as authorized
entrants and in the correct performance of the rescue functions assigned
to them using the retrieval and rescue equipment furnished and in
the proper wearing and use of any personal protective equipment, including
respirators, that they may use during an actual rescue.
(3)
A rescue team shall practice, at least annually,
removing simulated victims, such as dummies, mannequins, or real people,
through representative openings and portals which have the same size,
configuration and accessibility as the confined space from which an
actual rescue would be required.
(4)
At least one member of each rescue team shall
hold current certification in basic first-aid and cardio-pulmonary
resuscitation.
E.
Test and calibration of gas detectors.
(1)
The Dynamation Portable Gas Detector is to be
used for atmospheric testing of confined spaces prior to entry and
is to be placed or worn in the confined space throughout the time
in which personnel are in the confined space.
(2)
The Dynamation is to be field-tested in accordance
with the instructions contained in the manufacturer's instruction
manual. If the detector fails the prescribed field tests, it is to
be recalibrated in accordance with the instructions contained in the
referenced publication.
F.
Qualified person. This program assigns Walter Turnier,
Sewer Maintenance Supervisor to be designated as a qualified person
and is capable by education or specialized training, or both, of anticipating,
recognizing and evaluating employee exposure to hazardous substances
or other unsafe conditions in a confined space and capable of specifying
necessary control or protective action both to ensure worker safety.
