[Adopted 11-22-1994 (Ch. XXIVA of the 1971 Code)]
The purpose of this article is to regulate and
control the use of public sewers and to establish the rights of inspection.
As used in this article, the following terms
shall have the meanings indicated:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
The measure of the organic matter present in the sewage as
determined by the dichromatic reflux method and expressed in milligrams
per liter [parts per million (ppm).]
The amount of chlorine expressed in milligrams per liter,
or parts per million by weight, which will complete the normal reactions
with all chemicals and materials in the sewage leaving an excess of
one-tenth (0.1) milligram per liter [one-tenth (0.1) parts per million
by weight] after 30 minutes' contact time at room temperature of approximately
70° F.
Oil, fat or grease in a physical state which will separate
by gravity from wastewater through treatment in an approved pretreatment
facility. A wastewater shall be considered free of "flotable oil"
if it is properly pretreated in such a manner that the discharged
wastewater does not interfere with the wastewater facilities.
Any material which is extractable from an acidified sample
of a waste by hexane or other designated solvent.
The electronegative metals with a density greater than five
grams per cubic centimeter, including but not limited to lead, chromium,
mercury, nickel and zinc, plus the nonmetallic element arsenic.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
The municipalities of the City of East Orange, the Township
of Hillside, the Town of Irvington, the Township of Maplewood, the
Township of Millburn, the City of Newark, the Borough of Roselle Park,
the Village of South Orange, the City of Summit, the Township of Union
and the Town of West Orange, organized in Joint Meeting pursuant to
N.J.S.A. 40:63-68 et seq., under the terms of a contract dated June
1, 1926, as amended and supplemented, in the matter of a joint outlet
and trunk sewer and treatment plant for the sewage emanating from
said municipalities, and, when the context requires, shall mean the
Executive Director or his authorized deputy, agent or representative.
Includes the joint outlet or trunk sewer constructed by the
several municipalities under a contract dated March 15, 1901; the
supplementary joint trunk sewer and sewage disposal plant constructed
under a contract between the member municipalities dated June 1, 1926,
and contract dated March 9, 1931; or shall mean any trunk sewer theretofor
or thereafter constructed and maintained by the Joint Meeting.
An industrial user of municipal or Joint Meeting wastewater
facilities that:
Has a flow of 50,000 gallons or more per workday;
Has in its waste toxic substances injurious
to the treatment process or sewer system;
Is found by USEPA, NJDEP, Joint Meeting or the
municipality to have a significant impact, either singly or in combination
with other contributing industries, on municipal or Joint Meeting
wastewater facilities or upon the quality of effluent from these wastewater
facilities; or
Has a detrimental effect upon human health or
welfare.
The State of New Jersey Department of Environmental Protection
and Energy or successor agency.
Any mobile vehicle, piece of equipment or appurtenance thereof
that is utilized in the discharge of waste or wastewater to any sewer
or natural outlet. The terms includes, but is not limited to, tank
trucks and dump trucks as well as associated equipment and appurtenances.
Fixed, permanent or semipermanent equipment is excluded from the category
of "nonstationary source" and is regulated elsewhere in this article.
National Pollutant Discharge Elimination System.
Any individual, firm, company, partnership, society, association,
corporation (public or private) or group, including heirs, executors,
administrators or assigns.
That portion of the total extractable grease or fats which
is not retained on an activated alumina absorption column after elutriating
with hexane.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
Treatment given to waste by other than residential users
prior to its direct or indirect discharge to municipal or Joint Meeting
wastewater facilities to remove illegal and/or undesirable waste constituents
or to reduce the strength of waste prior to discharge to publicly
owned wastewater facilities.
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwaters as may be present.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage or industrial waste 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.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids, and which are removable by laboratory
filtering.
The United States Environmental Protection Agency or successor
agency.
A.
Connections or building sewers shall, wherever possible,
be made to local sewers and not to Joint Meeting main lines or trunk
sewers. No municipality or person shall make any direct connection
with the joint sewer or alter or repair any connection with the joint
sewer without having first obtained a written permit from the Joint
Meeting and from the Township of Hillside.
B.
Each permit to connect with the joint sewer, if and
when issued, will require that the applicant for such permit agrees
that it or he will carefully make the connection with the joint sewer
in the manner prescribed by the rules and regulations of the Joint
Meeting; that it or he will indemnify and save harmless the Joint
Meeting from all accidents and damages caused by any negligence in
protecting his work or any imperfect or inadequate work done by virtue
of such permit; that it or he will faithfully comply with the ordinances
of the municipality; and that he will replace and restore the sidewalk,
pavement or street surface over any opening he may have made, the
work to be subject to the inspection and approval of the Joint Meeting.
C.
Connections with the joint sewer shall be made only
by a plumber licensed in the municipality where the connection is
to be made or by some other person duly authorized by the Joint Meeting.
Connections shall be made with suitable materials approved by the
Joint Meeting. All work included in the construction of connections
with the joint sewer or relating thereto shall be done to the satisfaction
of the Joint Meeting, and the person or persons doing said work shall
accept as final all decisions of the Joint Meeting as to the fitness
of all materials furnished or work done and shall immediately replace
all work rejected.
D.
Connections shall be such as to provide flexibility
and watertight joints. A manhole shall be provided if required. Connections
shall include a cast-iron hub set and sealed in the main sewer. No
connections shall be covered until inspected by the Joint Meeting.
No top connections will be permitted.
A.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater (except as set forth below),
roof runoff, subsurface drainage, uncontaminated cooling water or
unpolluted industrial process waters to any sanitary sewer.
(1)
Direct or indirect discharges of groundwater to the
Joint Meeting wastewater treatment facilities shall only be permitted
under the following circumstances:
(a)
The proposed discharger or applicant has filed
an application for and has been issued a nondomestic wastewater discharge
permit ("permit") by the Joint Meeting.
(b)
For long-term, continuous discharges, the municipality
where the site remediation project of the applicant is located or,
at the election of the municipality, the proposed discharger or applicant
("municipality/applicant") will be required to identify and eliminate
two gallons of infiltration/inflow to the Joint Meeting wastewater
treatment facilities for each gallon of groundwater to be delivered
into the Joint Meeting wastewater treatment facilities on a daily
average over the life of the remediation project discharge (two-to-one
offset).
[1]
The location(s) of the remedial work to be performed
by the municipality/applicant shall be identified by the municipality
and agreed to by the Joint Meeting, through the use of the Phase III
Sewer System Evaluation Report, prepared by Hazen and Sawyer, dated
August 1983, and as supplemented, which was previously distributed
by Joint Meeting to each member municipality in the Joint Meeting
service area, or such other report as may be available in the case
of nonmember municipalities.
[2]
The remedial work to be performed by the municipality/applicant
shall be completed within a time period that shall not exceed one-half
(1/2) of the time frame of the remediation project discharge estimated
by the proposed discharger or applicant and approved by the municipality
and the Joint Meeting. In the event that extraordinary, unforeseen
circumstances occur that will affect the ability of the municipality/applicant
to meet the time period previously agreed upon by the parties for
completion of the infiltration/inflow remedial work, the municipality/applicant
may seek an extension of the time period through the filing of a written
request not less than 60 days before a previously defined and agreed
upon milestone, fully describing the extraordinary, unforeseen circumstances
and specifying the additional time necessary to complete the remedial
work as a result thereof. Such requests for extensions will be considered
by the Joint Meeting on a case-by-case basis, and an extension of
time shall not be unreasonably withheld.
[3]
An applicant may not discharge ground water
to the Joint Meeting wastewater treatment facilities until it has
obtained a permit and an agreement is reached between the Joint Meeting
and the municipality and/or the applicant upon the terms of the remediation
work to be performed to satisfy the two-to-one offset policy set forth
in this regulation.
[4]
At intervals to be mutually agreed upon by the municipality/applicant and the Joint Meeting, the municipality/applicant shall be required to demonstrate, in written progress reports, to the satisfaction of the Joint Meeting that the municipality/applicant is making definable progress in performing the remedial work so as to be able to complete the work within the time frame established in accordance with Subsection A(1)(b)[2] above.
[5]
The Engineer of the municipality where the remedial
work has been performed will be required to submit to Joint Meeting
a certification stating that the remedial work has been completed,
and such certification must be submitted within one week of the date
of the completion of the work.
[6]
After the time that the location(s) of the remedial
work is identified by the municipality and agreed to by the Joint
Meeting, but prior to the initiation of the remedial work, the municipality/applicant
will be required to submit proof to the Joint Meeting that a performance
bond in the amount of 100% of the value of the remedial work and naming
the Joint Meeting as a co-obligee has been issued to ensure that such
work is completely performed.
(c)
Short-term batch discharges.
[1]
For short-term batch discharges, the municipality/applicant
will be required to identify and eliminate two gallons of infiltration/inflow
into the Joint Meeting wastewater treatment facilities for each gallon
of groundwater to be delivered to the Joint Meeting treatment works
on a daily average over the life of the remediation project discharge
(two-to-one offset); or
[2]
The material to be discharged from the site
of the remediation project may be delivered in tanker vehicles to
the Joint Meeting wastewater treatment facilities in Elizabeth, New
Jersey, for direct discharge at a rate of $0.03 per gallon, for example,
$150 per five-thousand-gallon trailer, to compensate Joint Meeting
for the costs to sample, monitor and process the discharge. The use
of this option will be at the reasonable discretion of the Joint Meeting
in order to avoid the arrival of a number of trailers that will adversely
impact the performance of treatment operations by the Joint Meeting.
(d)
In the event that the two-to-one offset option
is selected with respect to short-term batch discharges, then the
following procedures shall apply:
[1]
The location(s) of the remedial work to be performed
by the municipality/applicant shall be identified by the municipality
and agreed to by the Joint Meeting, through the use of the Phase III
Sewer System Evaluation Report, prepared by Hazen and Sawyer, dated
August 1983, and as supplemented, which was previously distributed
by Joint Meeting to each member municipality in the Joint Meeting
service area, or such other report as may be available in the case
of nonmember municipalities.
[2]
The remedial work to be performed by the municipality/applicant
shall be completed within a time period that shall not exceed one-half
(1/2) of the time frame of the remediation project discharge estimated
by the proposed discharger or applicant and approved by the municipality
and the Joint Meeting. In the event that extraordinary, unforeseen
circumstances occur that will affect the ability of the municipality/applicant
to meet the time period previously agreed upon by the parties for
completion of the infiltration/inflow remedial work, the municipality/applicant
may seek an extension of the time period through the filing of a written
request not less than 60 days before a previously defined and agreed
upon milestone, fully describing the extraordinary, unforeseen circumstances
and specifying the additional time necessary to complete the remedial
work as a result thereof. Such requests for extensions will be considered
by the Joint Meeting on a case-by-case basis, and an extension of
time shall not be unreasonably withheld.
[3]
An applicant may not discharge ground water
to the Joint Meeting wastewater treatment facilities until it has
obtained a permit and an agreement is reached between the Joint Meeting
and the municipality and/or the applicant upon the terms of the remediation
work to be performed to satisfy the two-to-one offset policy set forth
in this regulation should this option be selected with respect to
a short-term batch discharge.
[4]
At intervals to be mutually agreed upon by the municipality/applicant and the Joint Meeting, the municipality/applicant shall be required to demonstrate, in written progress reports, to the satisfaction of the Joint Meeting that the municipality/applicant is making definable progress in performing the remedial work so as to be able to complete the work within the time frame established in accordance with Subsection A(1)(d)[2] above.
[5]
The Engineer of the municipality where the remedial
work has been performed will be required to submit to the Joint Meeting
a certification stating that the remedial work has been completed,
and such certification must be submitted within one week of the date
of the completion of the work.
[6]
After the time that the location(s) of the remedial
work is identified by the municipality and agreed to by the Joint
Meeting, but prior to the initiation of the remedial work, the municipality/applicant
will be required to submit proof to the Joint Meeting that a performance
bond in the amount of 100% of the value of the remedial work and naming
the Joint Meeting as a co-obligee has been issued to ensure that such
work is completely performed.
(e)
The groundwater to be discharged to the Joint
Meeting wastewater treatment facilities pursuant to a permit will
be, at all times, subject to analyses by the Joint Meeting, at the
sole cost of the applicant, to ensure that the proposed discharged
shall meet the quality limits as set forth in these Sewer Use Rules
and Regulations. At any time during the period of the discharge of
groundwater to the Joint Meeting, a failure by the applicant to meet
such quality limits shall be the basis for a revocation of the permit
and a discontinuation of the discharge and/or such enforcement measures
as are authorized by law to be taken by the Joint Meeting.
(f)
The proposed discharger or applicant shall be
obligated to institute pretreatment measures prior to the direct or
indirect discharge of groundwater to the Joint Meeting in the event
that the groundwater fails to meet the parameters for acceptance of
the discharge set forth in these Sewer Use Rules and Regulations.
(g)
Credits for future discharges of groundwater
through the removal of infiltration/inflow pursuant to the above provisions
may be accumulated or banked; however, such credits may only be transferred
in accordance with ownership of the site identified as the source
of groundwater at the time of the performance of the remediation work.
B.
Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically designated as storm
sewers or to an natural outlet approved by the Township of Hillside
but under no circumstances into sanitary sewers. Unpolluted industrial
cooling water or process water may be discharged by approval of the
Township of Hillside to a storm sewer or natural outlet but under
no circumstances into sanitary sewers.
C.
No person shall discharge or cause to be discharged
any of the following described waters to sanitary sewers:
(1)
Wastes that may create a fire or explosion hazard
in the sewer or wastewater facility, such as gasoline, fuel oil, cleaning
solvents, etc.
(2)
Wastes that may impair or cause to impair the hydraulic
capacity of the sewerage system, such as ashes, sand, metal, precipitates,
etc.
(3)
Wastes that contain toxic wastes in toxic amounts
as defined by USEPA regulations.
(4)
Wastes discharged at a flow rate that is excessive
over a relatively short period of time, which cause or may cause an
upset of the treatment process and a substantial loss of treatment
efficiency or which may exceed the hydraulic capacity of the sanitary
sewer system.
(5)
Wastes that may: create a hazard to people; create
a hazard or cause damage to the wastewater facilities; endanger or
interfere with the treatment process; create a hazard to receiving
waters; or result in a violation or effluent limitations or other
conditions contained in any NPDES permit.
(6)
Radioactive wastes or isotopes of such half-life or
concentration that may exceed limits established by the municipality
or Joint Meeting in compliance with applicable state or federal regulations.
(7)
Noxious or malodorous wastes capable of creating a
public nuisance.
D.
Restricted discharges.
(1)
No person shall directly or indirectly discharge or
cause to be discharged any of the following wastes to the wastewater
facilities controlled by the municipality or Joint Meeting without
prior written permission:
(a)
Wastes with a temperature in excess of 150°
F. (65° C.).
(b)
Wastes containing more than 100 milligrams per
liter of mineral oil or grease.
(c)
Wastes containing flotable oil.
(d)
Wastes containing heavy metals.
(e)
Wastes discharged at such a concentration or
rate so as to constitute a slug.
(f)
Wastes with pH outside the limits of five point
zero (5.0) to nine point zero (9.0).
(g)
Wastes containing toxic wastes in less than
toxic amounts.
(2)
Permission to discharge the above wastes may be granted
upon a determination by the Joint Meeting that the proposed discharge
will not be detrimental to the wastewater facilities or the receiving
waters; the burden of proof in such cases shall lie with the discharger.
E.
Without having first obtained the signed, written
permission of the Joint Meeting, no person shall directly or indirectly
discharge or cause to be discharged any quantity of waste or wastewater
to any public sewer or natural outlet from a nonstationary source,
including, for example, but not limited to, the discharge of industrial
waste from any tank truck. Each and every individual operator and/or
owner of a nonstationary source that discharges in violation of this
subsection shall be subject to the penalties prescribed.
F.
Major industries: provisions for sampling; additional
monitoring facilities.
(1)
All major industries shall provide a structure for
the sampling of wastewater before the point of discharge to a sanitary
sewer. The sampling structure shall be constructed and maintained
by the major industry at its own expense and shall be kept safe and
accessible at all times to the municipality or Joint Meeting. Sampling
structure design shall be subject to the Joint Meeting's approval.
(2)
When required by the Joint Meeting, NJDEP and/or USEPA,
a major industry shall install and maintain additional facilities
at its own expense, including, for example, meters, sealed automatic
monitoring systems or other appurtenances to facilitate observation,
sampling and measurement of wastes. Construction, installation and
maintenance of such additional facilities shall be the responsibility
of the major industry, which shall keep these facilities safe and
accessible to the municipality and Joint Meeting at all times. Design
and construction of such additional facilities shall be subject to
the requirements of the governmental authority requiring them.
G.
Minor industries: optional requirements. When required by the Joint Meeting, NJDEP or USEPA, minor industries shall be subject to the requirements of Subsection H.
H.
When pretreatment standards are adopted by NJDEP or
USEPA for any given class of industries, then any industry within
that class shall conform to the NJDEP or USEPA timetable for adherence
to pretreatment requirements, as well as all other applicable requirements
promulgated by the NJDEP or USEPA in accordance with the provisions
of law. Additionally, such industries shall comply with such more
stringent standards necessitated by local conditions as determined
from time to time by the municipality or Joint Meeting.
As a precondition for the right to discharge
waste in any form into the sewers and wastewater facilities of the
municipality or the Joint Meeting, all industrial users shall provide
immediate access to their facilities at any time during which there
is a discharge to the wastewater facilities. Access shall also be
provided for the purpose of checking the quality of the discharge,
taking samples and making tests of the discharge or for the purpose
of permitting the enforcement of this article and shall be made available
to the municipality, Joint Meeting, NJDEP and USEPA. All users shall
provide access to property and premises for inspection to determine
if there are any violations of the terms or provisions of this article.
As a precondition for the right to discharge
waste in any form into the sewers and wastewater facilities of the
municipality or the Joint Meeting, all persons subject to this article
shall be required to provide information to the municipality, Joint
Meeting, NJDEP or USEPA, as needed, to determine compliance with this
article. This information may include:
A.
Wastewater discharge rate and volume over a specified
time period.
B.
Chemical analysis of wastewater.
C.
Information on raw materials, processes and products
affecting wastewater volume and quality.
D.
Quantity and disposition of specified liquid, sludge,
oil, solvent or other materials important to sewer use control.
E.
A plot plan of sewers on the user's property showing
sewer and pretreatment facility location.
F.
Details of wastewater pretreatment facilities.
G.
Details of systems designed to prevent and/or control
the loss of spilled materials to the sanitary sewer (i.e., spill prevention
plan).
H.
Any other information required by the municipality
or Joint Meeting.
All measurements, tests and analyses of the
characteristics of wastewater, to which reference is made in this
article, shall be determined in accordance with the latest edition
of Standard Methods for the Examination of Water and Wastewater, published
jointly by the American Public Health Association, the American Water
Works Association and the Water Pollution Control Federation, or other
methods or procedure that may be acceptable to the governmental authority
requiring the measurements, tests or analyses. Sampling method, location,
time, duration and frequency shall be determined on an individual
basis by the governmental authority requiring the sampling.
All users of the wastewater facilities shall
comply with the requirements of the written rules and regulations
of the municipality and Joint Meeting, which regulations shall become
effective upon the filing of certified copies in the office of the
Municipal Clerk after the effective date of this article.
A.
It shall be unlawful to discharge any wastewater or
other polluting material into any natural outlet within the municipality,
except where suitable treatment has been provided and where an NPDES
permit has been obtained from the appropriate governmental authority
where required.
B.
Grease traps.
[Added 5-6-2003]
(1)
Grease traps shall be installed by owners of all retail
food establishments, commercial food processors, meat processors or
similar food preparers. The traps will be necessary for the proper
handling of liquid wastes containing grease, or other harmful ingredients,
except that such grease traps shall not be required for private dwellings.
Existing grease traps must conform to the current plumbing code. Any
new installations must apply for a permit through the Building Department
of the Township of Hillside.
(2)
The aforestated establishments shall be required to
protect their discharge with an approved bacteriological product which
contains bacterial culture/enzymes to degrade organic materials and
protect the environmental discharges into the sewer system and eliminate
the control of grease into the sewer system.
(3)
The grease traps shall be located so that they are
readily and easily accessible for cleaning and inspection, and each
establishment will be required to train and have personnel available
who are able to open said traps for inspection by an authorized representative
of the Township.
(4)
The grease traps shall be continuously maintained
in order to provide satisfactory and effective operation by the owner,
at the owner's expense, and shall be of the size and types necessary
for the efficient operation of the requirements of this section.
(5)
There shall be no bypass of the grease trap facilities
which would allow the entry of untreated or partially treated waste
to the public sewer system.
(6)
The bacteriological products utilized must be free
of wilting agents, additives and reducing agents, enzymes, solvents
or chemical degreasers.
(7)
The bacteria shall be introduced in accordance with
the manufacturers instructions and introduced into the system after
closing or during the period of time with the least amount of business
activity, once during every twenty-four-hour period, or as directed
by the Township designee.
(8)
The establishments aforestated shall provide quarterly
disposable certificates to be provided by the Township and shall include
the bacterial agent purchased and utilized at the prescribed time,
how much cooking oil was purchased and how much was disposed of. Required
reports will commence September 1, 2003, and subsequently December
1, 2003, March 1, 2004, June 1, 2004, and every three months thereafter.
(9)
The inspections shall be conducted by a designee of
the Department of Health or a designee of the Township Council.
[Amended 1-27-2004]
C.
Violations and penalties.
[Added 5-6-2003]
No person shall maliciously, intentionally or
negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment that is part of the wastewater
facilities of the municipality or Joint Meeting.
A.
Violations of any of the provisions of this article
or any permit issued under the authority of this article may result
in the termination of the permit or termination of the authority to
discharge to the public wastewater facilities.
B.
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punishable
by a fine not exceeding $1,000; imprisonment for a term not exceeding
90 days; and/or a period of community service not exceeding 90 days.
Each and every day during which a violation of any provision of this
article exists shall constitute a separate violation. Notwithstanding
the aforesaid provisions, all violators shall be liable in a civil
action for damages for any expense, loss or damage suffered by the
municipality or Joint Meeting as a result of said violation or violations.
[Amended 10-21-2003]
