Township of Middle, NJ
Cape May County
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Table of Contents
Table of Contents
[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. 
Unless the context specifically indicates otherwise, the following terms, as used in these rules and regulations, shall have the meanings hereinafter designated:
BOD (biochemical oxygen demand)
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.
CHLORINE DEMAND
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.
CMCMUA or COUNTY AUTHORITY
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.
COD (chemical oxygen demand)
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.
COMPANY
Any corporation or business enterprise formed under the laws of the State of New Jersey or any other state.
COMPATIBLE POLLUTANT
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.
COOLING WATER
The water discharged from any use, such as air-conditioning, cooling or refrigeration, during which the only pollutant added to the water is heat.
COUNTY AUTHORITY'S SYSTEM
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.
CWA
The Federal Clean Water Act of 1977, as amended.
DOMESTIC WASTE
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.
EQUIVALENT UNIT
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.
EXCESS INERT SUSPENDED SOLIDS
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.
FWPCAA
The Federal Water Pollution Control Act Amendments of 1972.
GARBAGE
Solid wastes resulting from the domestic or commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INCOMPATIBLE POLLUTANT
Any pollutant which is not a compatible pollutant as defined in this section.
INDUSTRIAL USER 
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:
(1) 
Division A, Agriculture, Forestry and Fishing.
(2) 
Division B, Mining.
(3) 
Division D, Manufacturing.
(4) 
Division E, Transportation, Communications, Electric, Gas and Sanitary Services.
(5) 
Division I, Services.
INDUSTRIAL WASTEWATER
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.
INHIBITORY TOXICITY
Any demonstrable interference by a substance on the rate of general metabolism (including rate of reproduction) of living organisms.
INTERFERENCE
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.).
NJDEP
The New Jersey Department of Environmental Protection.
NPDES/NJPDES (National Pollutant Discharge Elimination System/New Jersey Pollutant Discharge Elimination System)
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.
PERSON
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.
pH
The logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter of solution.
PRETREATMENT
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.
PRETREATMENT STANDARDS
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.
PROPERLY SHREDDED GARBAGE
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.
PUBLICLY OWNED TREATMENT WORKS or POTW
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."
SANITARY SEWER
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.
SIGNIFICANT INDUSTRIAL USER
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]
SLUG
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.
STORM DRAIN (sometimes termed "storm sewer")
A sewer which carries storm- and surface waters and drainage, but excludes sewage and industrial wastes other than cooling water.
STORMWATER
Any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.
SURCHARGE
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.
TOWN or TOWNSHIP
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.
TOTAL SUSPENDED SOLIDS
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.
TOWNSHIP SYSTEM
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.
TOXIC POLLUTANT
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.
UNIT
A dwelling unit or a portion of a structure normally occupied by a single family.
UNPOLLUTED WATER
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.
USEPA
The United States Environmental Protection Agency.
USER
Any person who discharges or causes or permits the discharge of wastewater into the Township's system.
USER CLASSIFICATION
A classification of user based on the latest edition of the Standard Industrial Classification (SIC) Manual prepared by the Office of Management and Budget.
WASTEWATER
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.
WASTEWATER TREATMENT PLANT
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.
(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:
(a) 
Connections of the local collection sewerage system to the Township system will be evaluated on an individual case-by-case basis.
(b) 
If it is determined that the connection can be made, the connection will be made by the Township and the costs borne by the applicant.
(3) 
Local collection sewerage systems installed either after the Township system is installed or is operational:
(a) 
Connections of the local collection sewerage system to the Township system will be evaluated on an individual case-by-case basis.
(b) 
The connections will be made by the Township and the costs borne by the applicant.
(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.