[HISTORY: Adopted by the governing body of the Township of Little
Falls 12-18-1995 by Ord. No. 753 as Sec. 19-3 of the 1995 Revised General
Ordinances; amended in its entirety at time of adoption of Code (see Ch. 1,
General Provisions, Art. II). Subsequent amendments noted where applicable.]
[1]
This chapter is governed by the rules and regulations concerning discharges
to the Passaic Valley Sewerage Commissioners treatment works to which the
Little Falls sewer system discharges its sewage. These rules and regulations
are on file in the Township Clerk's office.
A.Â
The rules and regulations in this chapter set forth uniform
requirements for both dischargers into the PVSC wastewater collection and
treatment systems, as well as users located within the PVSC district that
could potentially discharge directly or indirectly to the PVSC treatment works,
and enable PVSC to protect public health in conformity with all applicable
and related state and federal laws. The objectives of these rules and regulations
are as follows:
(1)Â
To prevent the introduction of pollutants into the PVSC
treatment works, which will interfere with the normal operation of the treatment
works or contaminate the resulting sludge;
(2)Â
To prevent the introduction of pollutants into the POTW
which do not receive satisfactory treatment by the POTW or which pass through
the system into receiving waters or the atmosphere or otherwise are incompatible
with the POTW;
(3)Â
To improve the opportunity to recycle and reclaim wastewater
and sludge produced by the treatment processes;
(4)Â
To improve the quality of the wastewater through the
implementation of pollution prevention (P2) procedures;
(5)Â
To protect the public health and safety from exposure
to hazardous materials;
(6)Â
To cooperate with federal, state and local agencies in
their enforcement of air, water, solid waste and wastewater regulations.
B.Â
These rules and regulations provide for the regulation
of discharges into the PVSC treatment works through the issuance of sewer
use permits and the use of best management practices (BMP's) plan.
As used in this chapter, the following terms shall have the meanings
indicated:
Oil, fat or grease in a physical state such that it will separate
by gravity from wastewater by treatment in an approved pretreatment facility.
A wastewater shall be considered free of floatable fat if it is properly pretreated
and the wastewater does not interfere with the collection system.
A charge to an industrial user based on its use of PVSC facilities
to repay the capital cost outlay of the federal share given PVSC under the
provisions of applicable federal law allocable to the treatment of the wastes
from the industrial user.
Any nongovernmental, nonresidential user which is identified in the
Standard Industrial Classification Manual under Division A, B, D, E or I,
and which is not designated as a significant industrial user. It also means
any other user that the PVSC determines requires a sewer use permit due to
the nature of the wastes in its discharge to the sanitary sewer.
The liquid wastes resulting from the processes employed in industrial,
manufacturing, trade, or business establishments, or from the development,
recovery, detoxification or processing of natural resources or other wastes
as distinct from domestic sanitary wastes.
The inhibition or disruption of the PVSC sewer system, treatment
process or operation, which causes or significantly contributes to a violation
of any requirements of its NJPDES permit.
Any nongovernmental, nonresidential user (except as industrial or
tax exempt user) which discharges more than the equivalent of 25,000 gallons
per day of domestic sanitary waste.
The lowest concentration of combustible substance in air through
which flame, once ignited, will continue to propagate.
A written authorization issued by the PVSC to a user, for a limited
period not to exceed one year, for a specific purpose, which authorizes the
discharge of wastes to the sanitary sewer.
An industrial user of PVSC facilities that has a flow of 50,000 gallons
or more per average work day; has in its waste a toxic pollutant in toxic
amounts; or is found by USEPA, NJDEP or PVSC to have significant impact, either
singly or in combination with other contributing industries, in the PVSC treatment
works or upon the quality of the effluent from the PVSC treatment works.
The highest allowable discharge of a pollutant where the pollutant
is measured for more than a calendar day or any twenty-four-hour period, or
where at least two daily discharge samples are composited prior to performing
the analysis.
For the purpose of calculating user charges, the period from October
1 of each year through September 30 of the following year.
The minimum concentration of a contaminant that can be measured and
reported with a 99% confidence that the analyte concentration is greater than
zero and is determined from analysis of a sample in a given matrix containing
the analyte.
An outlet, including storm sewers and combined sewer overflows, into
a watercourse, pond, ditch, lake or other body of surface or groundwater including
the Passaic River or any of its tributaries.
The federal program, under the Federal Water Pollution Control Act
Amendments, Clean Water Act and other acts, for issuing, conditioning and
denying permits for the discharge of pollutants from point sources into the
navigable waters, the contiguous zone and the oceans, pursuant to Section
402 of the Act.
The New Jersey Department of Environmental Protection.
A natural person or group of persons, unincorporated association,
partnership, corporation, limited liability company, company, truck, business
entity or associate, and any agent employee, partner, officer, director, member,
stockholder, associate, trustee or legal representative. The term "person"
shall also mean the federal government and the State of New Jersey, or any
of their political subdivisions and/or agencies.
The reciprocal of the logarithm of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions, in grams, per liter of solution.
Neutral water has a pH value of 7 (a hydrogen concentration of 10-7). Lower
pHs are acid; higher pHs are alkaline.
The PVSC publicly owned treatment works.
The reduction of the amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater prior
to or in lieu of discharging or otherwise introducing such pollutants into
PVSC. The reduction or alteration may be obtained by physical, chemical or
biological processes, process changes or by other means, except as prohibited
by 40 CFR 403.6(d). Appropriate pretreatment technology includes control equipment,
such as equalization tanks or facilities, for protection against surges or
slug loadings that might interfere with or otherwise be incompatible with
PVSC. However, where wastewater from a regulated process is mixed in an equalization
facility with unregulated wastewater or with wastewater from another regulated
process, the effluent from the equalization facility must meet an adjusted
pretreatment limit calculated in accordance with 40 CFR 403.6(e)
Any sewer dedicated to public use and which use is controlled by
a public corporation.
The Passaic Valley Sewerage Commissioners.
A sewer that carries liquid and water-carried wastes from residences,
commercial buildings, industrial plants, and institutions together with minor
quantities of ground- , storm- and surface waters that are not admitted intentionally.
Waste derived principally from dwellings, office buildings, and sanitary
conveniences; when segregated from industrial wastes, may come from industrial
plants or commercial enterprises.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
Any discharge of water of wastewater which in concentration of any
given constituent or in quantity of flow exceeds for any period of duration
longer than 15 minutes more than five times the average twenty-four-hour concentration
or flows during normal operation.
A drain or sewer for conveying water, groundwater, subsurface water,
or unpolluted water from any source.
A measurement of suspended solids, and/or biochemical oxygen demand
and/or chemical oxygen demand, and/or any other parameter determined by PVSC
as a fair indicator of the relative use, other than volumetric, of PVSC facilities
by industrial wastes.
Total suspended matter that either floats on the surface of, is in
suspension in water, wastewater, or other liquids and that is removable by
laboratory filtering as prescribed in Standard Methods for the Examination
of Water and Wastewater and referred to as nonfilterable residue.
Defined by USEPA in 40 CFR 129 (38 F.R. 24342, 9-7-73) and any superseding
revisions.
Not pulverized.
Water of quality equal to or better than the effluent criteria in
effect or water that would not cause violation of receiving water quality
standards and would not be benefited by discharge to the sanitary sewer and
wastewater treatment facilities provided.
The United States Environmental Protection Agency.
A charge to users consisting of two parts: the first part established
by PVSC based on volume and, where applicable, on strength and/or flow rate
to pay for the use of the PVSC facilities; the second part established by
the Township to pay for the use of the local sewer system and to pay for administration
of the billing and collection of the funds.
The spent water of a community. From the standpoint of source, it
may be a combination of the liquid and water-carried wastes from residences,
commercial buildings, industrial plants, and institutions, together with any
groundwater, surface water, and stormwater that may be present.
The structures, equipment, and processes required to collect, carry
away, and treat domestic and industrial wastes and dispose of the effluent.
The PVSC facilities.
A.Â
It shall be unlawful to discharge into any natural outlet
within the Township any wastewater or other polluted waters, except where
suitable treatment has been provided and where a National Pollutant Discharge
Elimination System permit has been obtained from the appropriate governmental
authority, where required.
B.Â
No person shall connect to or cause to be connected to,
or alter or cause to be altered, any municipally owned sewer, sewage pumping
plant or other facility without first obtaining approval of the sewerage construction
plans as required by Township ordinances. A PVSC sewer use application shall
be submitted as required by PVSC's rules and regulations on file with
the Township Clerk's office.
A.Â
All industrial users discharging wastes directly or indirectly
to the PVSC treatment works prior to the effective date of these rules and
regulations are hereby granted temporary authority to discharge these wastes.
This temporary authority shall expire 90 days after the adoption of these
rules and regulations concerning discharges to the Passaic Valley Sewerage
Commissioners treatment works into which the Little Falls sewer system discharges
its sewage unless prior to that date the discharger has filed an application
for a sewer use permit to the PVSC. In such a case, this temporary authority
shall expire on the date the sewer use permit is issued. Any person discharging
pursuant to the temporary authority provided for hereby is subject to all
provisions of these rules and regulations, and such authority may be suspended
or revoked by the PVSC.
B.Â
New industrial users who desire to locate into the PVSC
sewer district or existing industrial users who desire to commence operations
at a new facility within the PVSC sewer district shall apply for and receive
a sewer use permit, temporary permit or letter of authorization, as the case
may be, prior to the commencement of operations at the new facility. Although
a sewer use application may be submitted to the PVSC at any time, the PVSC
shall issue a permit only after the user either procures title to the property
or signs a lease agreement with the property owner.
C.Â
Persons desiring a sewer use permit to discharge shall
complete a PVSC application form and forward it to the PVSC. Persons desiring
a temporary permit or letter of authorization shall supply all information
requested by the PVSC. Upon receipt of all required information, the sewer
use application or request shall be processed, and if required and upon approval,
a sewer use permit, temporary permit or letter of authorization shall be issued.
D.Â
The application shall be approved if the applicant has
complied with all applicable requirements of these rules and regulations and
furnished to the PVSC all requested information, and if the PVSC determines
that the expected discharge will not interfere with the treatment process,
pass through the treatment process inadequately treated or contaminate the
sludge produced, and that there is adequate capacity in the PVSC treatment
works to convey, treat and dispose of the industrial wastes. The PVSC shall
make a determination within 90 days of receipt of all required information.
E.Â
An application or request submitted by a corporation
shall be signed by a corporate officer or other executive officer so designated.
An application or request signed by an individual other than a corporate officer
shall include a corporate resolution granting the individual the authority
to make the application or request on behalf of the corporation. An application
or request submitted by a user other than a corporation shall be signed by
a proprietor or general partner.
A.Â
An industrial user that proposes to make any significant
changes as defined herein in its facility or processing that affects its discharge
to the PVSC treatment works shall submit a request for a permit modification
to the PVSC at least 90 days prior to the date it expects to implement the
change. The user shall comply with any federal, state or PVSC rule or regulation
applicable to this discharge, and shall not commence the discharge until it
receives the authorization from the PVSC.
B.Â
Each user shall comply with all federal, categorical,
state or local regulations applicable to any discharge resulting from such
a change in its discharge. The omission of an applicable effluent limit from
the permit shall not exempt the user from its obligation to comply nor from
enforcement.
C.Â
The PVSC shall notify the permittee if the application
for permit modification is administratively complete within 30 days of receipt.
The PVSC shall respond within 90 days of receipt of a completed application.
In the event of a denial by the PVSC of said application, the PVSC shall set
forth the reasons for said denial. The permittee may appeal said denial in
accordance with these regulations.
Industrial users shall be classified by the PVSC as follows:
A.Â
Category I.
(1)Â
Class I-A permit shall not be issued to an industry defined
as a major industry and when issued shall allow the industry to discharge
with no modification or pretreatment of flow.
(2)Â
Class I-B permit is one issued to an industry classified
as a major industry. This permit shall allow the industry to discharge with
no modifications or pretreatment of flow; however, the PVSC may require the
installation of monitoring equipment.
B.Â
Category II.
(1)Â
Class II-A permit shall allow an industry to discharge
pretreated wastes in accordance with standards established in the permit.
(2)Â
Class II-B permit shall allow an industry to continue
to discharge, subject to change of characteristics of its waste by pretreatment
or other means in accordance with a schedule as established by the PVSC in
the permit.
C.Â
Category III. The permit is denied and the discharge
of prohibited materials must be halted or modified by a date established by
the PVSC and in accordance with conditions contained in the permit denial.
The PVSC classification of an application is subject to change by the
PVSC upon written notification from the PVSC to the applicant by certified
mail. Any change shall be accompanied by a detailed explanation of the reason
for the change.
Any industry aggrieved by a permit classification by the PVSC shall
have a right to appeal to the PVSC. Such an administrative appeal shall be
taken within 30 days of notification by the PVSC to the industry of its decision.
The notice of appeal shall be delivered personally to the offices of the PVSC
at 600 Wilson Avenue, Newark, New Jersey, or shall be sent by certified mail,
return receipt requested. The taking of an appeal shall not stay the provisions
of a Class III denial. During the time of appeal the Class II permits shall
be stayed; however, the staying shall not release any industry from meeting
any requirements of any schedule set by the New Jersey Department of Environmental
Protection or the United States Environmental Protection Agency.
Upon the filing of an appeal the PVSC shall set the date and time for
a hearing before the Commissioners. The applicant shall have the right to
present evidence, shall have the right to be represented by counsel and shall
have the right of cross examination. Upon the conclusion of the hearing the
Commissioners shall make findings of fact and conclusions.
All applications for industrial permits shall be submitted on forms
supplied by the PVSC and shall comply with the instructions on said form.
All costs and expenses incidental to the installation and connection
of the building sewer shall be borne by the applicant, and the applicant shall
indemnify the Township or the PVSC from any loss or damage that may be occasioned
by the installation of the building sewer. All sewer connections shall be
in accordance with the requirements of the Township as otherwise provided
by ordinance. In the case of the connection into the PVSC sewer, the connection
shall be in accordance with the conditions contained in the approval of the
PVSC.
No person shall make connection on roof downspouts, foundation drains,
areaway drains, or other sources of surface runoff or groundwater to a building
sewer or drain, which in turn is connected directly or indirectly to a public
sanitary sewer, unless approved by the Township for the purpose of disposal
of polluted surface drainage.
In addition to the application for the permit as hereinabove provided,
each industrial user must complete an Industrial Survey Form which will be
supplied by the PVSC and, from time to time, shall update the form when required
by the PVSC.
A.Â
All industrial users who discharge or propose to discharge
waste to the PVSC treatment works shall maintain such records as are necessary
to demonstrate compliance with the requirements of this chapter, any permit
and any applicable state or federal pretreatment standards or requirements.
All such records shall be maintained for review by the PVSC for a period of
at least five years.
B.Â
Such records shall be made available upon request by
the PVSC. All such records relating to compliance with pretreatment standards
shall be made available to officials of NJDEP and officials of the USEPA upon
demand. A summary of such data indicating the industrial user's compliance
with this chapter shall be prepared and submitted to the PVSC designated in
the permit forms provided by the PVSC.
C.Â
Each designated industrial user shall install, at its own cost and expense, suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of industrial wastes. The equipment shall provide for a continuous recorder as defined herein. Such equipment shall be kept safe, secured from unauthorized entry or tampering and accessible at all times. Except as provided for in Subsection E of this section monitoring equipment shall be calibrated as recommended by the manufacturer, except that LEL recorders shall be calibrated daily and pH recorders shall be calibrated at least weekly, whichever is more frequent. Suitable notations shall be made on the recorded tapes or charts whenever the device is calibrated, citing the date, time and the individual making the calibration. If the PVSC requires a user to continuously monitor the effluent for pH or LEL, the recorder may not be turned off, even during periods when the user is not operating nor discharging to the sewer, unless specifically authorized in advance by the PVSC. Any user required to continuously record the pH of its discharge shall have such recording equipment certified by the NJDEP's Office of Quality Assurance, as required under the Regulations Governing Laboratory Certifications and Standards of Performance under N.J.A.C. 7:18-1.1 et seq.
D.Â
A user shall notify the PVSC as soon as possible, but
in no case later than two hours from becoming aware of it, if a sampling,
monitoring, or recording device required in accordance with this chapter becomes
inoperable. A user shall also notify the PVSC if a pretreatment system becomes
inoperable or taken off line whether the system was required by the PVSC or
installed at the user's own discretion. Unless modified by the PVSC,
the user shall submit a written report to the attention of the Industrial
and Pollution Control Department or the PVSC, within five working days of
the occurrence detailing what type of incident occurred, why the incident
happened, what measures will be taken to correct the problem and a date when
the problem will be corrected. If corrective action is expected to take more
than two months from the date of the occurrence, the user shall submit monthly
progress reports until such times as the problem is corrected. This provision
shall not apply during flow meter calibration or to other instrument calibrations
that do not exceed 30 minutes.
E.Â
An industrial user who claims a lower discharge volume than is indicated by his water consumption, due to retention of water in his product, discharge to a storm sewer, river or ditch, a higher evaporation rate than is allowed by the PVSC or for other reasons, shall provide the PVSC with an acceptable method for accurately determining his discharge volume to the sanitary sewer. An industrial user with more than one discharge point to the sanitary sewer shall provide the PVSC with accurate discharge volumes for each outlet. In the event that the PVSC determines that said volumes are not accurate, the PVSC may require the installation of flow-measuring equipment. Unless this requirement is modified by the individual permit, flow measuring devices, used in determination of effluent volumes and which are required to be installed in accordance with Subsection C of this section, shall be calibrated annually or more frequently if recommended by the manufacturer. Each user required to calibrate any flow meter shall notify the PVSC at least seven days prior to the flow meter calibration. The PVSC reserves the right to witness a calibration. If so notified at least two business days in advance of the scheduled calibration, the user shall calibrate the flow meter only if the PVSC is present. All flow meters applicable to this part must have a nonresettable totalizer.
F.Â
When more than one industrial user can discharge into
a common sewer, the PVSC may require installation of separate monitoring equipment
for each industrial user. When there is a significant difference in wastewater
constituents and characteristics produced by different operations of a single
industrial user, the PVSC may require that separate monitoring facilities
be installed for each separate discharge.
G.Â
When a permittee continuously measures the pH of its
effluent discharge, the permittee shall maintain the pH of the discharge within
the limits set forth in this chapter, except that temporary and/or unintentional
excursions from the alkaline limit is permitted subject to the following conditions:
H.Â
The PVSC shall have the right to install its own equipment
to monitor the volume or to sample the effluent or vapor space of any user's
effluent in order to determine compliance with any regulation limits and/or
the PVSC rules and regulations. Users shall not interfere or tamper with any
equipment or take any action to affect its function. Such equipment shall
be kept safe, secured from unauthorized entry or tampering by others, and
the user shall be responsible for reimbursing the PVSC for all costs to repair
or replace damaged PVSC equipment.
No person shall discharge, cause to be discharged or allow to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface drainage,
swimming pool water, uncontaminated water or unpolluted waters to any sanitary
sewer in any manner, except with the prior written consent of both the Township
and the PVSC. Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically designated as storm drains or to a natural
outlet approved by the Township Engineer. Industrial cooling water or unpolluted
process water may be discharged, on approval of the Township Engineer, to
a storm drain or natural outlet.
When pretreatment standards are adopted by the United States Environmental
Protection Agency for any given class of industries, then any industry within
that class must conform to the United States Environmental Protection Agency
timetable for adherence to pretreatment requirements as well as all other
applicable requirements promulgated by the United States Environmental Protection
Agency in accordance with the provisions of the law. Additionally, such industries
shall comply with such more stringent standards necessitated by local conditions
as determined from time to time by the PVSC.
All industrial users shall provide immediate access to their facilities
at any time during normal working hours or at any other time that there is
a discharge into the PVSC system or into any waters under the jurisdiction
of the PVSC. Access shall be for the purpose of checking the quality of the
discharge, taking samples and making tests of the discharge or for the purpose
of permitting enforcement of these regulations. The access shall be made available
to the employees of the PVSC, New Jersey Department of Environmental Protection,
United States Environmental Agency and/or the Township. All users shall provide
access to property and premises for inspection for the purpose of determining
if there is any violation of the terms or provisions of this chapter.
No person shall discharge or deposit or cause or allow to be discharged
or deposited into the treatment works or public sewer, the following:
A.Â
Explosive wastes. Wastes in such quantity which may create
a fire or explosion hazard to the treatment works, collection system or to
the operation of the system, including but not limited to wastewater with
a closed-cup flashpoint of less than 140° F. or 60° C. using the test
methods specified in 40 CFR 261.21. Additional quantitative limitations on
explosive wastes are specified in PVSC's rules and regulations.
B.Â
Corrosive wastes. Wastes in such quantity which may cause corrosion or deterioration of the treatment works. Unless a higher limit is otherwise stated in the sewer use permit issued to a user, all wastes shall have a pH not less than 5. Unless otherwise stated in the sewer use permit, all wastes shall have a pH not more than 10.5. If the PVSC requires the installation of a continuous pH recorder, the permittee may exceed the upper or alkaline pH limit subject to the conditions contained in § 199-14. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride or fluoride compounds, etc.
C.Â
Solids or viscous wastes. Solids or viscous wastes in
amounts which may cause obstruction to the flow in a sewer, or otherwise interfere
with the proper operation of the treatment works. Prohibited materials include,
but are not limited to, uncomminuted garbage, bones, hides, or
fleshings, cinders, sand, stone or marble dust, glass, etc.
D.Â
Floatable pollutants:
(1)Â
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin in amounts that will cause interference or pass-through.
(2)Â
Any wastes containing floatable fats, wax, grease, oils, or any
other floatable pollutants.
(3)Â
Any industrial wastes containing more than 100 mg/l of petroleum
based oil or grease.
E.Â
Noxious materials:
(1)Â
Pollutants which result in the presence of toxic gases, vapors
or fumes within the POTW in a quantity that may cause acute worker health
and safety problems.
(2)Â
Noxious liquids or gases, which in sufficient quantity, either
singly or by interaction with other wastes, are capable of creating a public
nuisance or hazard to life, or are or may be sufficient to prevent entry into
a sewer for its maintenance and repair.
F.Â
Radioactive wastes. Radioactive wastes or isotopes of
such half life or concentration that they do not comply with regulations or
orders issued by the appropriate authority having control over their use and
which will, or may, cause damage or hazards to the treatment works or personnel
operating the system.
G.Â
Interference/pass-through. Any waste, including discharges
of oxygen demanding wastes (BOD, etc.) released or discharged at a flow rate
and/or pollutant concentration which causes or threatens to cause an upset
at the PVSC treatment works, or which causes or threatens to cause a violation
of the PVSC's NJPDES permit conditions.
H.Â
Excessive discharge rate. Industrial wastes discharged
in a slug or such volume or strength so as to cause a treatment process upset
and subsequent loss of treatment efficiency.
J.Â
Unpolluted waters. Any unpolluted water including, but
not limited to, cooling water and uncontaminated stormwater, which will increase
the hydraulic load on the treatment system, unless specifically authorized
by PVSC's rules and regulations.
K.Â
Dilution. Increase in the use of process water, or an
attempt in any other way, to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with a pretreatment standard
or effluent limit.
L.Â
Violations. Wastes, which cause the PVSC treatment plant
to violate its NJPDES permit, applicable receiving water standards, permit
regulating sludge which is produced during treatment or any other permit issued
to the PVSC.
M.Â
Ultrahazardous toxics. Those wastes designated by EPA
as sufficiently toxic that they shall not be discharged to the sanitary sewer
in any concentrations.
N.Â
Trucked pollutants. Any trucked or hauled pollutants,
accepted at discharge points designated by the PVSC, and only after approval
is issued by the PVSC.
O.Â
Groundwater. Any groundwater, whether contaminated or
uncontaminated, unless specifically authorized by the PVSC in its rules and
regulations.
P.Â
Stormwater. Any stormwater, whether contaminated or uncontaminated,
unless specifically authorized by the PVSC in its rules and regulations.
Q.Â
Bypassed wastes. Any wastewaters which would normally
be monitored or pretreated, but are discharged to the sanitary sewer without
being monitored or pretreated, unless specifically authorized by the PVSC.
R.Â
Excess heel material. Any quantity of trucked or hauled
material meeting the definition as contained herein, unless authorized by
the PVSC.
The following wastes may not be discharged without special permission
from the PVSC and the Township, upon a determination by the PVSC that the
discharge would not be detrimental to the system:
Each major industrial user shall construct or otherwise have available
a sampling point for sampling wastewater before it enters the Township sewer
system. Other industrial users may be required to construct such sampling
point, if ordered so to do by the Township or the PVSC.
No discharge into the wastewater facilities of the PVSC shall be permitted
from any source which causes physical damage, interferes with the treatment
process, or results in a violation of effluent limitations or other conditions
contained in the National Pollutant Discharge Elimination System permit to
discharge issued to the PVSC.
When required by the Township, USEPA, NJDEP or the PVSC, the owner of
any property serviced by a building sewer carrying industrial wastes shall
install a suitable structure, together with such necessary meters and other
appurtenances to the building sewer to facilitate observation, sampling and
measurement of the wastes. Such structure, when required, shall be accessibly
and safely located and shall be constructed in accordance with plans approved
by the governmental agency requiring it. The structure shall be installed
by the applicant at his expense and shall be maintained by him so as to be
safe and accessible at all times.
All persons subject to these regulations in this chapter shall be required
to provide information to the Township and the PVSC as needed to determine
compliance with this chapter. These requirements may include:
A.Â
Wastewaters, discharge peak rate and volume over a specified
time period.
B.Â
Chemical analyses of wastewaters.
C.Â
Information on raw materials, processes, and products
affecting wastewater volume and quality.
D.Â
Quantity and disposition of specific liquid, sludge,
oil, solvent or other materials important to sewer use control.
E.Â
A plot plan of sewers of the user's property showing
sewer and pretreatment facility location.
F.Â
Details of wastewater pretreatment facilities.
G.Â
Details of systems to prevent and control the losses
of materials through spills to the municipal sewer.
All measurements, tests, and analysis of the characteristics of waters
and wastes to which reference is made in this chapter shall be determined
in accordance with the latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the American Public Health Association,
or other method or procedure as may be approved by the PVSC. Sampling methods,
location times, durations, and frequencies are to be determined on an individual
basis subject to the approval of the Township and/or the PVSC.
All users shall be required to comply with the requirements of the user
charge regulations adopted by the PVSC. The user charges are established under
Part V, User Charge, published in the PVSC's rules and regulations concerning
discharges to the Passaic Valley Sewerage Commissioners treatment works that
are on file in the Township Clerk's office. These rules and regulations
maybe amended from time to time by the PVSC as necessary to comply with NJDEP
and the USEPA.
No person shall intentionally break, damage, destroy, uncover, deface
or tamper with any structure, appurtenance or equipment which is part of the
wastewater facilities.
The Superintendent of Public Works is hereby designated as the person
who shall administer this chapter.
All users of the wastewater facilities shall comply with all requirements
of the written rules and regulations of the PVSC which have been adopted and
which from time to time shall have been adopted, which regulations shall become
effective upon filing of certified copies in the office of the Township Clerk
after the effective dates of this chapter.
Any violation of this chapter, including the failure to pay fees, charges
and/or surcharges, or any conditions or limitations of a permit issued under
the authority of this chapter may result in the termination of the permit
and/or the termination of the authority to discharge into the Township's
wastewater system. In addition to these sanctions, any violation shall be
subject to such penalties as are otherwise provided by law.
This chapter shall be effective only for those portions of the Township
which are serviced by the treatment facilities of the PVSC.
B.Â
Notwithstanding the penalty provisions in Chapter 1, any user who fails to comply with the provisions of this chapter or any of the PVSC's rules and regulations may be liable for such penalties as prescribed by the PVSC.
C.Â
In addition to any such penalties, the PVSC may institute
a civil action, including injunctive relief, fines, civil penalties or criminal
prosecution, against any person violating the provisions of this chapter or
the PVSC's rules and regulations. Such person shall also be civilly liable
for such damages to the PVSC, as a result of said violations.
