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.