A.
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 Guidelines for State and Local Pretreatment
Programs, EPA-43019-76-0179, Volume 1, 1977, or the latest revision
thereof; P.L. 95-217; N.J.S.A. 58:10A-1; or N.J.S.A. 58:11-49 (1972).
B.
ACCOUNTANT
ACT
AMENDED SERVICE AREA III FACILITIES PLAN
ANNUAL CHARGE
ANNUAL DEBT SERVICE
AUTHORITY
BENEFICIAL USES
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING DRAIN
BUILDING SEWERS
BYPASS
CAPITAL IMPROVEMENTS
COMBINED SEWER
COMBINED WASTEWATER STREAM FORMULA
COMMUNITY SEWER
CONSULTING ENGINEER
CONTAMINATION
CONVENTIONAL POLLUTANTS
COOLING WATER
DEFICIENCY
DELEGATED LOCAL AGENCY
DEP
DESIGN CAPACITY
DIRECTOR
DISCHARGE
EASEMENT
EFFLUENT LIMITATION
ENGINEER
EPA
FISCAL YEAR
FLOATABLE OIL
FUNDAMENTALLY DIFFERENT FACTORS VARIANCE
GARBAGE
GOVERNING BODY
HARMFUL WASTES
HAZARDOUS POLLUTANT
(1)
(2)
(3)
(4)
(5)
(6)
HCUA
HEALTH OFFICER
HOLDING TANK WASTE
HOUSE SERVICE CONNECTION
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
INDUSTRIAL USER or USER
INDUSTRIAL WASTES
INTERFERENCE
(1)
(2)
LOCAL AGENCY
LOCAL SEWERAGE SYSTEM
MASS EMISSION RATE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
NATURAL OUTLET
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
NONCONVENTIONAL POLLUTANTS
NONRESIDENTIAL UNIT
NUISANCE
OWNER
PARTICIPANT
PASS-THROUGH
PERMIT
PERSON
pH
POLLUTANT
PREMISES
PRETREATMENT
PRETREATMENT REQUIREMENT
PRETREATMENT STANDARDS
PRIVATE SANITARY SEWER SYSTEM
PROJECT
PROPERLY SHREDDED GARBAGE
PUBLIC SANITARY SEWER SYSTEM
QUALITY OF THE WATERS
REMOVAL CREDITS
SANITARY SEWAGE
SANITARY SEWER
SEEPAGE or SUBSOIL DRAINAGE
SERIOUS VIOLATION
SERVICE AREA III WEST NEW YORK TREATMENT DISTRICT
SERVICE CHARGES
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
SEWER LATERAL
SEWER SYSTEM
SIGNIFICANT INDIRECT USER (SIU)
(1)
(2)
(3)
(4)
(5)
SIGNIFICANT NONCOMPLIER
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
SLUG
STANDARD CLASSIFICATION
STORM SEWER/STORM DRAIN
STORMWATER
SUBJECT PROPERTY
SUSPENDED SOLIDS
TOXIC POLLUTANT
TREATMENT WORKS
UNPOLLUTED WATER
UPSET
USER
USER CLASSIFICATION
USUAL PLACE OF BUSINESS
VIOLATION OF THIS ACT
WASTE
WASTEWATER
WATERCOURSE
WATERS OF THE STATE
WNYMUA
As used in this chapter, the following terms shall
have the meanings indicated:
The Division of Local Finance in the Department of Community
Affairs of the State of New Jersey or a registered municipal accountant
or a certified public accountant of the State of New Jersey.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The meaning given to such term in the Amended 201 Facilities
Plan.
As of any particular date of computation and with respect
to a particular fiscal year and the capital improvements or any portion
thereof, an amount of money equal to the aggregate of all interest
payable during the fiscal year on bonds of any participant outstanding
on the date of computation; plus the principal amount of any part
of any and all such bonds outstanding on the date of computation which
mature during such fiscal year and is not provided for by moneys available
therefor at the beginning of such fiscal year; plus any amount of
money required to be paid or set aside by the participants, or any
of them, during such fiscal year toward the retirement of any such
bonds which mature after such fiscal year, all calculated on the assumption
that bonds will, after the date of computation, cease to be outstanding
by reason of the payment of bonds when due, plus any amounts necessary
to provide and maintain such reserves or sinking funds as may be required
by the terms of any resolution, contract, debt obligation or other
obligation of the participants, or any of them, with respect to the
capital improvements.
The West New York Municipal Utilities Authority.
Uses of the waters of the state that may be protected against
quality degradation, include, but are not necessarily limited to,
domestic, municipal, agricultural and industrial supply, power generation,
recreation, aesthetic enjoyment, navigation and the preservation and
enhancement of fish, wildlife and other aquatic resources or reserves,
and other uses, both tangible or intangible as specified by federal
or state law.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C. expressed in terms of weight and concentration (milligrams
per liter).
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building, beginning five feet outside the
inner face of the building wall.
A sewer conveying wastewater from the premises of a user
to a community sewer.
The anticipated or unanticipated intentional diversion of
waste streams from any portion of a treatment works.
The construction of the secondary sewage treatment facilities
and related work set forth in the Amended Service Area III Facilities
Plan and the January 1986 Selected Plan report for the West New York
Service Area III Treatment District.
A sewer intended to receive both wastewater and storm- or
surface water.
That definition and formula set forth in relevant provisions
of 40 CFR 403.6(e) incorporated herein by reference thereto and as
same may be amended from time to time.
A sewer owned and operated by the Authority tributary to
a treatment facility operated by the Authority, otherwise known as
a "public sewer."
Independent engineers or firms of engineers licensed in the
State of New Jersey with skill and experience with respect to design
and construction of sewerage systems or facilities as may from time
to time be employed by the HCUA and the WNYMUA jointly with respect
to design and construction of the capital improvements.
An impairment of the quality of the waters of the state of
waste to a degree which creates a hazard to the public health through
poisoning or through the spread of disease. "Contamination" shall
include any equivalent effect resulting from the disposal of wastewater,
whether or not waters of the state are affected.
BOD, suspended solids, pH and fecal coliform bacteria and
such additional pollutants as are now or may be in the future specified
and controlled in NJ0029076, NJ0029084, NJ0029092 NPDES permits for
its wastewater treatment works where said works have been designed
and used to reduce or remove such pollutants.
The clean wastewater from air conditioning, industrial cooling,
condensing and similar apparatus and from hydraulically powered equipment.
In general, "cooling water" will include only water which is sufficiently
clean and unpolluted to admit of being discharged, without treatment
or purification, into any natural watercourse without offense.
A local agency with an industrial pretreatment program approved
by the DEP.
Refers to the New Jersey Department of Environmental Protection.
The capacity provided for each participant as described in
the Amended Service Area III Facilities Plan and the January 1986
Selected Plan Report.
The administrative and/or executive director of the West
New York Municipal Utilities Authority or his/her duly appointed deputy,
agent or representative.
An intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of a pollutant into the waters of the state, onto land
or into wells from which it might flow or drain into said waters,
or into waters or onto lands outside the jurisdiction of the state,
which pollutant enters the waters of the state. "Discharge" includes
the release of any pollutant into a municipal treatment works.
An acquired legal right for the specific use of land owned
by others.
Any restriction on quantities, quality, rates and concentration
of chemical, physical, thermal, biological and any other constituents
of pollutants established by permit or imposed as an interim enforcement
limit pursuant to an administrative order, including an administrative
consent order.
The Authority Engineer or his duly authorized deputy, inspector,
agent or representative.
The United States Environmental Protection Agency.
The period of 12 calendar months ending with December 31
of any year, beginning with the year of completion of the capital
improvements.
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 oil if
it is properly pretreated and the wastewater does not interfere with
the collection system.
A variance from the categorical pretreatment standards for
fundamentally different factors as further defined in relevant provisions
of 40 CFR 403.13, the terms of which are incorporated herein by reference
thereto and as same may be amended from time to time.
Solid waste from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of food.
The meaning given to such term by appropriate New Jersey
legislation.[3]
Those solid or liquid wastes which, when introduced into
the Service Area III West New York Treatment District, cause deterioration
of sewers and appurtenances or interfere with the Service Area III
West New York Service District secondary sewage treatment facilities
or provide an effluent that is in violation of federal or state standards
of those wastes which are prohibited by DEP or EPA regulations.
Any toxic pollutant;
Any substance regulated as a pesticide under
the Federal Insecticide, Fungicide and Rodenticide Act, P.L. 92-516
(7 U.S.C. § 136 et seq.);
Any substance the use or manufacture of which
is prohibited under the Federal Toxic Substances Control Act, P.L.
94-469 (15 U.S.C. § 2601 et seq.);
Any substance identified as a known carcinogen
by the International Agency for Research on Cancer;
Any hazardous waste as designated pursuant to
Section 3 of P.L. 1981, c. 279 (N.J.S.A. 13:1E-51), or the Resource
Conservation and Recovery Act, P.L. 94-580 (42 U.S.C. § 6901
et seq.); or
Any hazardous substance as defined pursuant
to Section 3 of P.L. 1976, c. 141 (N.J.S.A. 58:10-23.11b).
The Hudson County Utilities Authority.
The Municipal Health Officer or his duly authorized deputy,
inspector, agent or representative.
Any waste from temporary holding tanks such as vessels, chemical
toilets, campers, trailers and septic tanks.
The extension from the building drain to the public sewer
or other place of disposal; also called "building sewer."
Any privy vault, cesspool, septic tank and discharge field
or bed or seepage pit or pits used only for the disposal of the sewage
from buildings on the premises on which it is located.
A source of indirect discharge or discharge. that "indirect
discharge or discharge" means the introduction of pollutants into
a POTW from any nondomestic source, otherwise regulated pursuant to
section 307(b) and (c) of the Federal Water Pollution Control Act
- Clean Water Act.
The liquid or water-carried wastes of any industrial process
trade or business not clearly included within the definitions of sanitary
sewage, stormwater, cooling water or subsoil drainage herein. In general,
wastewaters carrying any quantity of oils, greases, fats, abrasives,
chemicals, residues of manufacturing processes, wastes from dye baths,
felting or fur processing, from slaughterhouses or meat processing
plants, and similar substances, whether dissolved, in suspension or
mechanically carried by water, shall be considered as "industrial
wastes."
A discharge which alone or in conjunction with a discharge
or discharges from other sources:
Inhibits or disrupts the POTW, its treatment
processes or operations or its sludge processes, use or disposal;
and
Therefore is a cause of a violation of any requirement
of the POTW's NJPDES permit or of the prevention of sewerage sludge
use or disposal in compliance with the statutory provisions and regulations
or permits issued thereunder by the New Jersey Department of Environmental
Protection and/or the WNYMUA.
A political subdivision of the state, or an agency or instrumentality
thereof that owns or operates a municipal treatment works.
All collection and transmission facilities of a participant
which are or may be connected with the Service Area III West New York
Treatment District, including any system overflows or bypasses contained
in such systems and any extensions or enlargements of such systems.
The weight of material discharged to the sewer system during
a given time interval. Unless otherwise specified, the "mass emission
rate" shall mean pounds per day of a particular constituent or combination
of constituents.
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 pursuant to Section 402
of the Clean Water Act, N.J.A.C. 7:14-1 et seq.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface or
groundwater.
Any building, structure, facility or installation
from which there is or may be a discharge of pollutants, the construction
of which commenced after the publication of proposed pretreatment
standards as set forth in the Clean Water Act which may be applicable
to such source if such standards are thereafter promulgated in accordance
with the Clean Water Act, and provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located;
The building, structure, facility or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing sources; or
The production or wastewater-generating processes
of the building, structure, facility or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the extent
to which the new facility is integrated with the existing plant, and
the extent to which the new facility is engaged in the same general
type of activity as the existing source, should be considered.
Shall also be limited to construction on a site
at which an existing source is located results in a modification that
otherwise alters, replaces or adds to existing process or production
equipment. The construction of a new source shall be defined as set
forth in relevant provisions of 30 CFR 403.3(k)(3) incorporated to
include beginning or cause to begin as part of a continuous on-site
construction program in placement, assembly or installation of facilities
or equipment or significant site preparation, including clearing,
excavating or removing of existing buildings, structures or facilities,
which are necessary for the placement, assembly or installation of
new source facilities or equipment, or otherwise entered into a bidding
contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operations within a reasonable
time. Construction of a new source shall not include options to purchase
or contracts which can be terminated or modified without substantial
loss and contracts for feasibility, engineering, and design studies.
All the pollutants not considered by EPA as conventional
or toxic.
Any unit whose primary function is one other than residential.
Anything which is injurious to health or is indecent or offensive
to the senses or an obstruction to the free use of property so as
to interfere with the comfort or enjoyment of life or property of
the community or neighborhood or any considerable number of persons,
although the extent of the annoyance or damage inflicted upon individuals
may be unequal.
The owner of any real estate and also all tenants, lessees
or others in control or possession and use of property in question.
The meaning hereinabove given to such term.[4]
A discharge which exits the POTW into the water of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the WNYMUA and NJPDES permit.
A permit issued by the WNYMUA. "Permit" includes a letter
of agreement entered into between a delegated/designated local agency
and a user of its municipal treatment works, setting effluent limitations
and other conditions on the user of the agency's municipal treatment
works.
An 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 grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, refuse or oil, grease, sewage sludge, munitions, chemical
wastes, biological materials, radioactive substance, thermal waste,
wrecked or discarded equipment, rock, sand, and industrial, municipal
or agricultural waste or other residue discharged into the waters
of the state. "Pollutant" shall include both hazardous and nonhazardous
pollutants.
A parcel of real estate, including any improvements thereon
which is determined by the Authority to be a single user for purposes
of receiving, using and paying for service.
The application of physical, chemical and biological process
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 Authority-owned wastewater treatment works.
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on the user.
All applicable federal or state rules and regulations presently
enacted implementing Section 307 of P.L. 92-217 or N.J.S.A. 58:11-49,
as well as any nonconflicting state or local standards. In cases of
conflicting standards or regulations, the more stringent thereof shall
be applied.
A sanitary sewer system owned or controlled otherwise than
by the Authority.
The secondary sewage treatment facilities described in the
Amended Service Area III Facilities Plan and the January 1986 Selected
Plan report for the West New York Service Area III Treatment District
attached hereto and made a part thereof, with all necessary and incidental
connections, manholes, valves, metering stations, equipment, apparatus,
structures and appurtenances and all other real or tangible personal
property necessary or desirable for the efficient construction and
operation of such facilities.
Garbage which has been shredded or ground to such degree
that all particles will be carried freely under the flow conditions
normally prevailing in public sewers with no particle greater than
1/2 inch in any dimension.
A sanitary sewer system owned or controlled by the Authority
or other public body.
The chemical, physical, biological, bacteriological, radiological
and other constituents and characteristics of water which affects
its use.
Applies and refers to the discretionary authority maintained
by the WNYMUA in the operation of its POTW to grant removal credits
to reflect removal by the industrial user of pollutants specified
in the categorical pretreatment standards of the Industrial Pretreatment
Program as adopted by the WNYMUA. The Authority may grant a "removal
credit" equal to or less than its consistent removal rate, and further
subject to all conditions as set forth in relevant provisions of 40
CFR 403.7, all of the terms of which are incorporated herein by reference
thereto and as same may be amended from time to time.
The common waste from human dwellings and from toilet and
lavatory fixtures, kitchens, laundries and similar facilities of business
and industrial buildings. In general, sanitary sewage shall not include
stormwater from roofs, yards, streets or open places, water from land
surfaces or brooks, clean overflows from springs, wells, large volumes
of subsoil drainage, large volumes of clean water from air conditioning
or other cooling or condensing facilities, clean wastewater from hydraulically
operated contrivances and those wastes included within the definition
of "industrial wastes."
A sewer intended to convey only sanitary sewage or, if so
stipulated with respect to the particular sewer, sanitary sewage plus
industrial or other wastes from residences, commercial buildings,
industrial plants and institutions. In general, sanitary sewers shall
not be intended to convey stormwater nor more than very small quantities
of cooling water.
Water from soil percolating into subsoil drains and through
foundation walls, basement floors or underground pipes or from similar
sources.
An exceedance of an effluent limitation for a discharge point
source set forth in a permit, administrative order or administrative
consent agreement, including interim enforcement limits, by 20% or
more for a hazardous pollutant or by 40% or more for a nonhazardous
pollutant, calculated on the basis of the monthly average for a pollutant
for which the effluent limitation is expressed as a monthly average
or, in the case of an effluent limitation, expressed as a daily maximum
and without a monthly average on the basis of the monthly average
of all maximum daily test results for that pollutant in any month.
In the case of an effluent limitation for a pollutant that is not
measured by mass or concentration, the WNYMUA shall use the equivalent
exceedance factor developed by the New Jersey Department of Environmental
Protection. The Authority states the specific reasons therefor, which
may include the potential for harm to human health or the environment.
"Serious violation" shall not include a violation of a permit limitation
for color.
The Service Area consisting of the Town of West New York
and portions of the City of Union City and the Township of Weehawken
as such area is more fully described in the Amended Service Area III
Facilities Plan.
Rents, rates, fees or other charges for direct or indirect
connection with, or the use of services of, the Service Area III West
New York Treatment District wastewater treatment facility which, under
the provisions of the Act, are or may be authorized to charge and
collect with regard to persons or real property.
Liquid or waterborne wastes from buildings, residences, industrial
and commercial establishments or other places, together with such
groundwater and surface water or other wastes as may be present.
Any structure or device or combination of structures and
devices for treatment of sewage.
All the facilities of the Authority for collecting, pumping,
treating and disposing of wastes.
The main pipe conduit, manholes and other structures and
equipment thereto appurtenant, provided to carry sewage, industrial
wastes, stormwater, cooling water or similar wastes, subject, in each
particular, to the purposes and limitations imposed upon the particular
sewer.
The extension of the house service connection from the street
curb to the street sewer.
All facilities for collection, conveying, pumping, treating
and discharge of sewage.
A discharger of industrial or other pollutants into a municipal
treatment works, as defined by the NJDEP, and as said definition may
be amended from time to time by the NJDEP and such rules and regulations
as adopted by the NJDEP, including but not limited to industrial dischargers,
but excluding the collection system of a municipal treatment works,
which meets the following criteria:
All industrial users subject to categorical
pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter
N;
Industrial discharge exceeds 25,000 gallons
per day of flow or a compatible pollutant load equivalent to 25,000
gallons per day of domestic wastewater (i.e., 52 pounds per day BOD5 or 42 pounds per day suspended solids);
Industrial discharge exceeds 5% of the average
daily flow of the receiving POTW treatment plant;
Contributes 5% or more of the mass load of any
of the toxic pollutants entering the POTW; or
Is designated as such by the Authority or the
NJDEP.
Any industrial user who is in significant noncompliance if
its violation meets one or more of the following criteria:
Serious violation for the same hazardous pollutant
or the same nonhazardous pollutant at the same discharge point source
in any two months of any six-month period.
Exceedance of the monthly average or, in case
of a pollutant for which no monthly average has been established,
the monthly average of the daily maximum of an effluent limitation
for the same pollutant at the same discharge point source by any amount
in any four months of any six-month period.
A chronic violation of wastewater discharge
limits, defined here as those in which 66% or more of all of the measurements
taken during a six-month period exceed (by any magnitude) the daily
maximum limit or the average limit for the same pollutant parameter.
A technical review criteria (TRC) violation,
defined here as those in which 33% or more of all of the measurements
for each pollutant parameter taken during a six-month period equal
or exceed the product of the daily maximum limit or the average limit
multiplied by the applicable TRC. (TRC equals 1.4 for BOD, total suspended
solids, fats, oil and grease, and 1.2 for all other pollutants except
pH.)
Any other violation of a pretreatment effluent
limit (daily maximum or longer-term average) that the WNYMUA determines
has caused, alone or in combination with other discharges, interference
or pass-through (including endangering the health of POTW personnel
or the general public).
Any discharge of a pollutant that has caused
imminent endangerment to human health, welfare or to the environment
or has resulted in the POTW's exercise of its emergency authority
under Section 403.8(f)(1)(vi)(B) to halt or prevent such a discharge.
Failure to meet, within 90 days after the schedule
date, a compliance schedule milestone contained in a local control
mechanism or enforcement order for starting construction, completing
construction, or attaining final compliance.
Failure to provide, within 30 days after the
due date, required reports such as baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports and report on
compliance with compliance schedules.
Failure to submit a completed periodical/self-monitoring
report in any two months of any six-month period.
Failure to accurately report noncompliance.
Any other violation or group of violations which
the WNYMUA determines will adversely affect the operation or implementation
of the local pretreatment program.
Any discharge of water or wastewater which in concentration
of any given constituent or in quality of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flow during normal operation and
shall adversely affect the collection system and/or performance of
the wastewater treatment works.
A classification of users based on the 1972 Edition of the
Standard Industrial Classification Manual (SIC), Bureau of the Budget
of the United States of America.
A sewer or drain, with appurtenances, provided and intended
for the conveyance of stormwater with and without other clean wastewaters
as may have been stipulated for any particular drain or sewer.
The runoff or discharge of rain and melted snow or other
clean water from roofs, surface of public or private lands or elsewhere.
It shall not include the flow of any natural watercourse even though
such flow is augmented by above defined stormwater. In general, stormwater
shall include only water which is sufficiently clean and unpolluted
to admit of being discharged, without treatment or purification, into
any natural watercourse without offense.
The property described in the Amended Service Area III Facilities
Plan for the West New York Service Area III Treatment District attached
hereto and made a part hereof.[5]
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and removable
by laboratory filtering, as prescribed in Standard Methods for the
Examination of Water and Wastewater and referred to as "nonfilterable
residue."
Any pollutant identified pursuant to the Federal Act, or
any pollutant or combination of pollutants, including disease-causing
agents, which, after discharge and upon exposure, ingestion, inhalation
or assimilation into any organism, either directly or indirectly by
ingestion through food chains, will, on the basis of information available
to the WNYMUA, cause death, disease, behavioral abnormalities, cancer,
genetic mutations or physiological malfunctions, including malfunctions
in reproduction or physical deformation, in such organisms or their
offspring.
Any device or system, whether public or private, used in
the storage, treatment, recycling or reclamation of municipal or industrial
waste of a liquid nature, including intercepting sewers, outfall sewers,
sewage collection systems, cooling towers and ponds, pumping, power
and other equipment and their appurtenances, extensions, improvements,
remodeling, additions and alteration thereof; elements essential to
provide a reliable recycled supply such as standby treatment units
and cooling water facilities; and any other works, including sites
for the treatment process or for ultimate disposal of residues resulting
from such treatment. Additionally, "treatment works" means any other
method or system for preventing, abating, reducing, storing, treating,
separating or disposing of pollutants, including stormwater runoff,
or industrial waste in combined or separate stormwater and sanitary
sewer systems. The term "treatment works" shall not be construed to
include any facility subject to the requirements of the Solid Waste
Management Act, N.J.S.A. 13:1E-1 et seq.
Water not containing any pollutants limited or prohibited
by the effluent standards in effect and whose discharge will not cause
any violation of receiving water quality standards.
An exceptional incident in which there is unintentional and
temporary noncompliance with an effluent limitation because of an
event beyond the reasonable control of the permittee, including fire,
riot, sabotage or a flood, storm event, natural cause or other act
of God, or other similar circumstance which is the cause of the violation.
"Upset" also includes noncompliance consequent to the performance
of maintenance operations for which a prior exception has been granted
by the Department or a delegated local agency.
Any person who discharges, causes or permits the discharge
of wastewater into the Authority's wastewater treatment works.
A classification of user based on the 1972 (or subsequent)
edition of the Standard Industrial Classification (SIC) Manual prepared
by the Office of Management and Budget.
Such address as is designated by the HCUA or any participant,
as the case may be, for use for the purpose of any notice or mailing
required under this agreement to the HCUA or to the participant.
A violation of any provisions of the Sewer Use Ordinance
and shall include a violation of any rule or regulation, water quality
standard, effluent limitation or other condition of a permit, or order
adopted, issued or entered into pursuant to this chapter.
Sewage and any and all other waste substances, liquid, solid,
gaseous or radioactive, associated with human habitation or of human
or animal origin, or from any producing, manufacturing or processing
operation of whatever nature, including such waste placed within containers
of whatever nature prior to, and for purposes of, disposal.
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 Authority's treatment works.
A natural or artificial channel for the passage of water,
either continuously or intermittently.
Any water, surface or underground, including saline waters,
within the boundaries of the state.
The Town of West New York Municipal Utilities Authority.
[1]
Editor's Note: The words "Article XI thereof" apparently refer to an Article in the Amended 201 Facilities Plan.
[2]
Editor's Note: The words "Article XII thereof" apparently refer to an article in the Amended 201 Facilities Plan.
[3]
Editor's Note: For the purposes of this chapter,
such term means the Board of Commissioners of the Town of West New
York.
[4]
Editor's Note: See the definition of "design
capacity" above.
[5]
Editor's Note: The plan is on file in the
office of the Town Clerk.
C.
"May" is permissive; "shall" is mandatory.
