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Township of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents
[Adopted 8-27-1975; amended 9-10-1975; 12-23-1986; 5-24-1988; 2-12-1991; 5-10-1994; 2-27-1996; 12-23-1996; 8-12-1987; 8-24-1999 (Sec. 8:4 of the 1975 General Ordinances)]
This article establishes the rules, regulations and standards for the use of the Township sanitary system by industrial users.
As used in this article, the following terms shall have the meanings indicated:
DIRECTOR
The Director of the Department of Public Works or his designated subordinate, who is herewith charged with the responsibility of enforcing provisions of this article.
INDUSTRIAL WASTE
Any fluid, liquid, semiliquid or solid material, other than fecal matter, resulting from processes of industrial establishments, discharged or to be discharged or otherwise flowing or to be flowing into the Township sanitary sewer system.
PERSON or PERSONS
Any individual, firm, corporation, partnership or other legal entity which shall be subject to the provisions of this article.
SANITARY SEWER SYSTEM
The lines, pumping stations, plants, treatment facilities, holding facilities, ditches, waterways and appurtenances established and included within an organized system maintained by the Township of Burlington to collect, treat and dispose of sanitary waste, effluents or excrements.
No person shall discharge into the Township's sanitary sewer system any industrial waste except in compliance with the provisions of this article and the terms and conditions of any permit issued hereunder.
A. 
Application procedure.
(1) 
Application. Any person desiring a permit to discharge industrial waste into the sanitary sewer system of the Township of Burlington shall make application on forms approved by the Director.
(2) 
Application information. Contained within the application, or accompanying it as additional exhibits, shall be documents sufficient to supply information whereby the Director can determine:
(a) 
The quantity, nature and quality of the industrial waste sought to be discharged.
(b) 
The system to be established between the applicant and the Department of Public Works for the periodic sampling of the effluent to determine that its characteristics have not changed from the date of the initial application and permit.
(c) 
A schedule of discharge sufficient to determine the time or times when such effluent will be discharged into the Township's sanitary sewer system.
(d) 
Constitute complete engineering reports, plans and specifications covering the connection to the Township's sewerage system, industrial waste treatment facilities and measuring devices which will be used in connection with the permit being sought. All such reports and supporting data herein referred to must be prepared by a professional engineer registered in the State of New Jersey. Persons shall not connect or proceed with the construction of any industrial waste treatment facilities or changes to existing waste treatment facilities unless such plans and specifications covering the same shall have been approved by the New Jersey Department of Environmental Protection and the Director.
B. 
Review.
(1) 
The Director shall review every properly filed application to determine whether the application denotes a discharge which may, considering the regulations contained within this article, be properly made into the sanitary sewer system operated by the Township of Burlington and whether the systems established by the applicant are sufficient to guarantee that said discharge will continue to meet the standards set forth within this article. In the event that the Director shall determine that the application is proper and meets the standards set forth within this paragraph, then the Director shall issue a permit called for by this article.
(2) 
Each person applying to the Director shall during the application period:
(a) 
Cooperate with the Superintendent by adopting and enacting such schedules of discharge that will minimize peak concentrations of industrial waste.
(b) 
Produce wastes of a quality acceptable to the Superintendent. The Superintendent may order construction of equalization and/or pretreatment facilities in accordance with his specification if in his opinion discharge materials in the waste cause or threaten injury to or would unduly increase the cost of operation of the sewerage system treatment plant or treatment process. All plans and specifications will conform and be approved by the New Jersey Department of Environmental Protection.
(c) 
Indemnify the Township for any damage caused by wastes determined by the Superintendent to have been discharged by the industrial user to the Township's sewerage system, treatment plants, its functions and treatment processes.
(d) 
Install a suitable device for continuously indicating recording and totalizing the flow.
Accompanying the application called for within this article there shall be a nonrefundable fee of $100 which shall be used to offset the administrative costs involved in reviewing the application submitted under this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to the application fee, each applicant shall deposit in cash the sum of $1,000 with the Director to be placed in escrow by the Township to cover the cost of professional review by the professionals employed by the Township to make the reviews called for by the application. At the time of submitting his application and plans to the Director, the applicant shall be required to execute an escrow agreement between the applicant and the Township to cover the cost of the technical and professional review of the application, plans and inspections called for by this article. Said escrow agreement shall be in the form approved by the Solicitor of the Township of Burlington. The escrow agreement shall provide that the applicant pay all necessary and reasonable costs incurred by the technical and professional staff employed by the Township for the review of the applicant's application, plans and inspections. The sums specified above are deemed estimates which shall be posted prior to consideration by the Director of the application. In the event that more than the sums specified above are required to pay the reasonable costs incurred, the applicant shall, prior to being permitted to take the next step or to continue with his activities or in any event prior to final approval for any work performed, pay all additional sums required. In the event that the sums posted are more than those required, the excess funds shall be returned to the applicant within 14 days of the issuance of final approval of the project. Prior to the issuance of final approval, the Director shall determine from the professional staff employed by the Township whether there are any additional sums required to be paid from the escrow funds established. In the event that there are, the Director shall so notify the Township Treasurer of the amounts to be held in that account. The Director shall determine the position of all escrow accounts, and where additional funds are required, it shall be the obligation of the Director to so notify the applicant of the amounts needed and to properly make all payments required to be made under this section of the article. In addition to those terms, the escrow agreement may require any other additional terms which are agreed to by the applicant and the Director. A schedule of fees shall be posted in the office of the Township Clerk and such other place or places as the Township shall direct.
All permittees under the provisions of this article shall at their expense install a suitable device for continuously indicating, recording and totalizing the flow of discharge into the sanitary sewerage system, provided that such meters and measuring devices are to be located at the main sewer plant. Specifications and plans for the complete metering or measuring devices shall be submitted to the Director with the application and shall meet his approval.
A. 
Control and maintenance. All meters or measuring devices installed or required to be installed shall be under the control of the Director and accessible to the Director's representatives during the operational hours of the industry. The industrial user for whom such measuring equipment is installed, at its own expense, shall be responsible for:
(1) 
Maintenance and safekeeping.
(2) 
All repairs whether by normal wear or other causes.
(3) 
Quarterly certified calibration by the manufacturer.
(4) 
Supplying daily recording charts to the Director.
B. 
Payment of costs. Costs for the repair or calibration, if paid for by the Township, shall be due and payable to the Township within 30 days after written notification of such payment by the Township to the permittee.
C. 
Inspection. The Director and his designates shall have the right to enter the establishment of the industrial user for inspection of the operation of the industrial waste treatment facilities and the collection of samples from any component thereof.
D. 
Use of bypasses. The use of any bypassing device in the industrial waste treatment facilities shall not be used in connection with wastewaters to be discharged into the Township sanitary system, or the bypassing or attempted bypassing of any meter or measuring devices called for within this section of the article shall not be allowed under any circumstances. Any accidental spills, overflows, equipment or process failures shall be reported to the Director of the Department of Public Works immediately and confirmed in writing within 10 days with an explanation of the cause and planned action to eliminate further reoccurrences. The Director reserves the right to immediately suspend, pending hearing as more particularly set forth under other provisions of this article, any permit issued pursuant to this article for a violation or alleged violation of this provision.
A. 
Prohibited discharges.
(1) 
Any solids, liquids or gases which by themselves or by interaction with other substances may cause fire or explosion hazards, or in any other way be injurious to persons, property or the operation or process of the sewage treatment works.
(2) 
Any noxious or malodorous solids, liquids or gases which, whether singly or by interaction with other substances, are capable of creating a public nuisance or hazard to life or preventing entry into the treatment facilities for their maintenance or repair.
(3) 
Any solids, greases, slurries or viscous material of such character or in such quantity that, in the opinion of the Director, may cause an obstruction to the flow in pumps or pipelines or otherwise interfere with the proper functioning of the sewerage treatment facilities.
(4) 
Any toxic substances, chemical elements or compounds in quantities sufficient to impair the operation or efficiency of the sewerage treatment facilities, or that will pass through the sewerage treatment plant and cause the effluent thereof to exceed state or interstate water-quality requirements for the receiving stream.
(5) 
Any liquids having a pH lower than 5.5 or higher than 9.5 or having any corrosive property capable of causing damage or hazards to structures, equipment or personnel of the sewerage treatment works.
(6) 
Any radioactive isotopes.
(7) 
Any liquid or vapor having a temperature greater than 160° F.
(8) 
Any waste or water containing more than 100 mg/l by weight of fats, oil or greases.
(9) 
Any ashes, cinders, sand, muck, straw, shavings, metal, glass, bones, feathers, tires, plastic, wood, paunch manure, butcher's offal, or any other solids or viscous substances capable of causing obstruction to the flow or other interference with the proper operation of the sewerage treatment works.
(10) 
Any waste or water that contains cyanide in excess of concentration determined by multiplying 0.2 mg/l by the ratio of the average flow in the receiving stream to the design flow of the sewerage treatment works.
(11) 
Any water or waste containing suspended solids of such character and quantity that require unusual attention or expense to handle such materials at the sewerage treatment plant.
(12) 
Any grit and sludge from pits of service stations or other commercial or industrial establishments, as well as overflow from such pits to cesspool and septic tanks.
(13) 
Any gasoline or diesel engine cleanings or strippings of any kind from materials, supplies or equipment.
(14) 
Any water or waste containing fluoride in excess of a concentration determined by multiplying 1.2 mg/l by the ratio of the average flow of the receiving stream to the design flow of the sewerage treatment works.
(15) 
All dumping of concentrated plating baths is excluded.
(16) 
All sulphides are excluded.
(17) 
Formaldehyde and carbide wastes are excluded.
(18) 
Not over 5.0 mg/l of hydrogen sulphide, sulphur dioxide, nitrous oxide or any halogens.
(19) 
Inflammable substances with flashpoint lower than 187° F.
(20) 
Maximum permissible total solids: 300 mg/l.
(21) 
Maximum dissolved solids permissible: 5,000 mg/l.
(22) 
Suspended solids, maximum specific gravity: 2.80.
(23) 
Antiseptic material: 1.0 mg/l maximum.
(24) 
All paints and paint wastes.
(25) 
Other concentrations regulated and values as shown on the following tabulation:
Item
Maximum Allowed
Ashes, feathers and similar solids
Prohibited
Unshredded garbage
Prohibited
Inflammable material and petroleum derivatives
Prohibited
Poisonous and noxious material
Prohibited
pH
5.5 to 9.5 range
Fat, grease, oil
50 mg/l maximum
Temperature
160° F. maximum
Iron
15 mg/l maximum
Copper
3 mg/l maximum
Cyanide
0.2 mg/l maximum
Chromium
1.0 mg/l maximum
Phenols
To 2.0 mg/l maximum
Chlorine demand
30 mg/l maximum
Color
100 APUH maximum
B. 
Limitation of concentrations.
(1) 
Limits for material not shown but found in Drinking Water Standards, U.S. Public Health Standards (USPHS): not be present in concentrations greater than four times the values called for in Drinking Water Standards. The limiting concentrations of any other material not listed here nor found in the reference above and suspected to be to aquatic life shall be determined by the bioassay method.
(2) 
The Director may require lower concentrations if one of the above parameters is in high concentration in the waste presently being treated at a main sewer plant or if it is the opinion of the Director that the industrial waste is or would be detrimental to treatment efficiency. Unless other wastewater concentrations are determined by the Director to be more critical, the charge to industrial users shall be multiplied by a surcharge factor for removal of allowed pollutants in excess of the permitted concentration. The surcharge factor shall be based upon the maximum permitted concentrations and be the greater of the following:
[Amended 5-28-2013 by Ord. No. 2013-OR-015]
BOD5 Factor = BOD5 mg/l / 250 mg/l
COD Factor = COD mg/l / 500 mg/l
Suspended Solids Factor = SS mg/l / 300 mg/l*
Total Solids Factor = TS mg/l / 300 mg/l
Oil or Grease = Oil or Grease / 50 mg/l
Example:
Assume that an influent sample yielded the following results: BOD5 = 300 mg/l, COD = 550 mg/l, SS = 400 mg/l, TS = 425 mg/l, Grease = 51 mg/l
Factor Calculation
BOD5 = 300 mg/l / 250 mg/l
BOD5 = 1.20
COD = 550 mg/l / 500 mg/l
COD = 1.10
SS = 400 mg/l / 300 mg/l
SS = 1.33
TS = 425 mg/l / 300 mg/l
TS = 1.42
Grease = 51 mg/l / 50 mg/l
Grease = 1.02
Total solid (TS) factor is greater than the BOD5, COD, SS and grease factor; therefore, this value (1.42) will be used to determine the surcharge.
*
NOTE: In cases where suspended solids, in the opinion of the Director, do not represent the true characteristics of the solids loading, the Township preserves the right to use total solids instead of suspended solids.
A. 
Violation notice. Where the Director shall determine that there is a suspected violation of the provisions of this article by any permittee, he shall have the right to immediately suspend the permit issued pursuant to this application, with a notice of suspension, which notice shall include the reason for the suspension. Said notice of suspension shall, in addition, provide for a hearing to be held before the Director within 10 days from the date of the suspension. At said hearing, the permittee shall have the right to be represented by counsel and to produce evidence which in the mind of the permittee is sufficient to show that there is not a violation of the article. At said hearing the Director may call upon any of the Township's professional staff for assistance and technical advice. At the conclusion of this hearing, the Director shall issue findings of fact and conclusions of law on the issue present and shall, if he feels that there is still a violation of the article provisions, continue the suspension until such time as corrective action as called for within the findings of facts and conclusions has been properly made and inspected. Any decision by the Director shall be appealable to the Mayor of the Township of Burlington within three days from the issuance of the findings of fact and conclusions of law, which shall be issued by the Director within seven days from the date of the hearing called for above. The hearing before the Mayor shall be on the record produced before the Director, but the Mayor shall have the right to reverse or modify or uphold the Director's decision. Any such determination by the Mayor shall be in writing. In reaching his conclusion, the Mayor may assign the appeal to a hearing officer of his selection whose report shall be prepared and submitted to the Mayor with a copy going to the appellant. The Mayor may, upon receipt of said report, base his determination on the contents of said report. In the event the Mayor assigns the matter to a hearing officer, the time period set forth above in which the Mayor shall have the obligation to render a decision shall be increased from three days to 15 days. Appeals to the Mayor shall be considered an administrative step required before the applicant shall be permitted to apply to the courts of the State of New Jersey for relief.
B. 
In addition to the above, the Director shall have the right to apply to the courts of the State of New Jersey for injunctive relief for any alleged violation of this article which in his opinion is detrimental to the general health, welfare and safety of the community at large and constitutes an immediate irreparable damage situation unless stopped.
C. 
The Director shall also have the right to proceed before the Municipal Court by way of complaint against an offender under this article.
D. 
All the remedies heretofore set forth shall be cumulative and the use of one shall not preclude the use of others at such time as the Director shall deem it appropriate.