[Adopted 11-6-1991 as Ord. No. G-312-91]
The rules and regulations of the Joint Meeting
adopted on December 20, 1984, and as the same are modified from time
to time to time, are hereby adopted as if fully set forth herein as
rules and regulations governing the municipal sewer facilities as
well as the Joint Meeting facilities.
A.
Whenever the Joint Meeting finds that any person (as
defined in said rules and regulations) has violated or is violating
this article or any prohibition, limitation or requirement contained
herein, the Joint Meeting may serve upon such person a written notice
stating the nature of the violation and providing a reasonable time,
not to exceed 30 days, for the satisfactory correction thereof. If
the violation is not corrected by timely compliance, the Joint Meeting
may order any person who causes or allows an unauthorized discharged
to show cause before the Joint Meeting and Township of Hillside why
service should not be terminated. A notice shall be served on the
offending party to show cause before the Joint Meeting and Township
of Hillside why an order should not be made directing the termination
of service. The notice of the hearing shall be served personally or
by registered or certified mail (return receipt requested) at least
10 days before the hearing.
(1)
The Joint Meeting and Township of Hillside may itself
conduct the hearing and take the evidence or may designate any of
its members or any officer or employee to:
(a)
Issue in the name of the Joint Meeting and Township
of Hillside notices of hearings requesting the attendance and testimony
of witnesses and the production of evidence relevant of any matter
involved in any such hearings.
(b)
Take the evidence.
(c)
Transmit a report of the evidence and hearing,
including transcripts/records and other evidence, together with recommendations,
to the Joint Meeting and Township of Hillside for action thereon.
(2)
At any public hearing, testimony taken before the
Joint Meeting and Township of Hillside or any person designated by
it must be under oath and recorded either by the hearing officer in
a summary manner or stenographically. In the latter case, the transcript,
so recorded, will be made available to any member of the public upon
payment of the usual charges therefor. After the Joint Meeting and
Township of Hillside have reviewed the evidence, they may issue an
order to the party a responsible for the discharge directing that,
following a specified time period, the sewer service be disconnected
unless adequate treatment facilities, devices or other related appurtenances
are properly operated and such further orders and directives as are
necessary and appropriate.
(3)
Any discharge in violation of the substantive provisions
of this article or an order of the Joint Meeting shall be considered
grounds for legal action. If any person discharges sewage, industrial
wastes or other wastes into the treatment facilities contrary to the
substantive provisions of this article or any order of the Joint Meeting,
the Executive Director of the Joint Meeting shall commence an action
for injunctive relief and appropriate legal damages in the Superior
Court of the respective county.
B.
The Joint Meeting and/or Township of Hillside may
suspend the wastewater treatment service (and/or the nondomestic wastewater
discharge permit) when such suspension is necessary, in the opinion
of the Joint Meeting and/or Township of Hillside, in order to stop
an actual or threatened discharge which presents or may present an
imminent or substantial endangerment to the health or welfare of persons,
to the environment, causes interference to the publicly owned treatment
works (POTW) or causes the Joint Meeting and/or Township of Hillside
to violate any condition of its NPDES permit.
C.
Any person notified of a suspension of the wastewater
treatment service (and/or the nondomestic wastewater discharge permit)
shall immediately stop or eliminate the contribution. In the event
of a failure of the person to comply voluntarily with the suspension
order, the Joint Meeting and/or Township of Hillside shall take such
steps as are deemed necessary, including immediate severance of the
sewer connection, to prevent or minimize damage to the POTW system
or endangerment to any individuals. The Joint Meeting and/or Township
of Hillside shall reinstate (the nondomestic wastewater discharge
permit) and/or the wastewater treatment service upon proof of the
elimination of the noncomplying discharger describing the causes of
the harmful contribution, and the measures taken to prevent any future
occurrence shall be submitted to the Joint Meeting and/or Township
of Hillside within 15 days of the date of occurrence.
[Amended 10-21-2006]
Any person who is found to have violated an
order of the Joint Meeting and Township of Hillside or who willfully
or negligently fails to comply with any provision of this article
and the orders, rules and regulations issued hereunder shall be subject
to a fine of not more the $1,000; imprisonment not to exceed 90 days;
and/or a period of community service not exceeding 90 days. Each day
on which a violation shall occur or continue shall be deemed a separate
and distinct offense. In addition to the penalties provided herein,
the Joint Meeting and Township of Hillside may recover reasonable
costs expended to rectify damages to its treatment facilities and
tributary sewers as well as to rectify treatment process problems
caused as a result of violations of this article.
