Delanco Sewerage Authority, NJ General Provisions

To prevent the introduction of pollutants into the Publicly Owned Collection System of the Delanco Sewerage Authority (hereinafter referred to as "POCS") which are thereafter introduced into the Publicly Owned Treatment Works of the Beverly Sewerage Authority (hereinafter referred to as the "POTW") which will interfere with the operation of the system or contaminate the resulting sludge:

To prevent the introduction of pollutants into the Delanco POCS and the Beverly POCS and POTW which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; and

AUTHORIZED REPRESENTATIVES OF INDUSTRIAL USER

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

This chapter authorizes monitoring and enforcement activities, requires industrial user reporting, and provides for the regulation of dischargers to the POCS and to the POTW through enforcement of general requirements for all users and through the issuance of permits to certain nondomestic discharges.

This chapter shall apply to the Township of Delanco and to persons outside the Township who are dischargers to the POCS. Except as otherwise provided herein, the Superintendent of the Delanco Sewerage Authority under the supervision of the Delanco Sewerage Authority shall administer, implement, and enforce the provisions of this chapter.

§ 330-2 Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

The Director of the NJDEPs Division of Water Resources or his/her authorized representatives.

APPROVED TEST PROCEDURE

All analysis shall be performed in accordance with the analytical test procedures approved under 40 CFR Part 136. Analysis for those pollutants not covered therein shall be performed in accordance with procedures approved by the NJDEP.

AUTHORITY

The Delanco Sewerage Authority and its members, Superintendent and their agents, employees and representatives.

An authorized representative of an industrial user may be:

A principal executive officer of at least the level of vice president, if the industrial user is a corporation;

A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;

BIOCHEMICAL OXYGEN DEMAND (BOD)

A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the regulated facility, such as a position of plant manager, superintendent, or person of equivalent responsibility.

BEVERLY AUTHORITY

The Beverly Sewerage Authority and its members, superintendent and their agents, employees and representatives.

The quantity of oxygen utilized in the biochemical oxidation of organic matter for five days at 20° C expressed in terms of weight and concentration ([milligrams per liter (mg/l)] in accordance with an approved test procedure.

CATEGORICAL STANDARDS

Pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to a POTW by existing or new industrial users in specific industrial subcategories.

CHEMICAL OXYGEN DEMAND (COD)

A measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater expressed as the amount of oxygen consumed by a chemical oxidant in accordance with an approved test procedure.

CHLORINE DEMAND

The amount of chlorine expressed in mg/l which will complete the normal reaction with all chemicals and materials in the waste having an excess to 0.1 mg/l after 30 minutes contract time at room temperature.

COMMISSIONER

The Commissioner of the New Jersey Department of Environmental Protection or his/her authorized representative.

COMPATIBLE POLLUTANT

Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, and such additional pollutants as are now or may be in the future specified and controlled in the Authority's NJPDES permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the NJPDES permit.

COMPOSITE SAMPLE

A sample consisting of several effluent portions collected during a specific time period and combined to make a representative sample.

CONSISTENT REMOVAL

A reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system as measured according to the procedures set forth in Section 403.7(d)(2) of the "General Pretreatment Regulations for Existing and New Sources of Pollution" (40 CFR, Part 403) promulgated pursuant to the Act.

CONTROL AUTHORITY

Refers to the "approval authority" defined hereinabove; or the Superintendent if the Authority has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

Any water used for the purpose of carrying away excess heat, and which may contain biocides used to control biological growth or other additives to protect the system against corrosion, scaling and the like.

DEPARTMENT

The New Jersey Department of Environmental Protection.

DISCHARGE

The releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of a pollutant into the waters of the state or onto the land or into wells from which the pollutant might flow or drain into said waters, and shall include the release of any pollutant into a municipal treatment works.

DOMESTIC WASTEWATER

The liquid waste or liquid borne waste:

Resulting from the noncommercial preparation, cooking and handling of food; and/or

FEDERAL CATEGORICAL PRETREATMENT STANDARDS

Consisting of human excrement and similar wastes from the sanitary conveniences.

EPA

The United States Environmental Protection Agency.

Pretreatment standards as codified in 40 CFR Chapter I, Subchapter N, specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to a POTW by existing or new industrial users in specific industrial subcategories.

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking, dispensing, handling, storage and/or sale of food.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis without regard to flow or time.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

INCOMPATIBLE POLLUTANT

Any pollutant which is not a "compatible pollutant" as defined in this section.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any service regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317), into the POTW (including holding tank waste discharged into the system).

INDUSTRIAL PROCESS WASTEWATER

In addition to any groundwater, surface water, and stormwaters from the site which is introduced into a treatment works, the liquid waste or liquidborne waste resulting from the processes employed by any person identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:

Division A, Agriculture, Forestry, and Fishing.

Division B, Mining.

Division D, Manufacturing.

(4)

Division E, Transportation, Communications, Electric, Gas, and Sanitary Services.

(5)

Division I, Services.

INDUSTRIAL USER

Any person, commercial or industrial entity who discharges, causes, or permits the discharge of nondomestic wastewater into the treatment works.

[Amended 1-9-2007 by Res. No. 2007-02]

INTERFERENCE

Means:

(a)

Inhibiting or disrupting the operation of a POCS or a POTW or its treatment process so as to contribute to, cause or increase a violation of any condition of a state or federal permit under which the POTW operates; or

(b)

Discharging industrial process wastewater which, in combination with existing domestic flows are of such volume and/or strength as to exceed the POTW design capacity or that approved by the Superintendent; or

(c)

Exceeding the threshold concentrations of organic and inorganic pollutants that are inhibitory to biological treatment processes as specified in the "Federal Guidelines for State and Local Pretreatment Programs," EPA-430/9-76-017a, Volume 1, 1977 (or the latest revision thereof), unless in the case of a specific pollutant the treatment works is designed to accommodate higher concentrations of that specific pollutant; or

(d)

Preventing the use or disposal of sludge produced by the POTW in accordance with Section 405 of the Federal Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.), any regulations or criteria or guidelines developed pursuant to the Federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 3251 et seq.), the Federal Clean Air Act (42 U.S.C. § 7401 et seq.), the Federal Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), Sections 2, 4, and 6 of the State Act, and, to the extent practicable, the New Jersey Guidelines for the Utilization and Disposal of Municipal and Industrial Sludges and Septage.

NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES)

Pursuant to 40 CFR 403.3(h), pollutants in the effluent from an industrial user shall not be considered to cause interference where the industrial user is in compliance with specific prohibitions or standards developed by the federal, state or local governments.

The New Jersey system for the issuing, modifying, suspending, revoking and reissuing, terminating, monitoring and enforcing, of discharge permits pursuant to the State Act. The term also includes discharge permits (NPDES) issued pursuant to Section 402 of the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.).

NORMAL SLUDGE

Analysis by the Authority showing not more than the following:

BOD: Seven pounds per million gallons (200 mg/l) or less.

Chlorine demand: 16 pounds per million gallons (20 mg/l) or less.

PUBLICLY OWNED TREATMENT WORKS (POTW)

Ether soluble materials: 417 pounds per million gallons 50 mg/l or less.

(4)

pH: No less than 5.5 nor more than 9.0.

(5)

Suspended solids: 2,083 pounds per million gallons 250 mg/l or less.

PERSON

Any individual, firm, company, partnership, corporation, association, group or society, including the State of New Jersey, and agencies, districts, commissions and political subdivisions created by or pursuant to state law, and federal agencies, departments or instrumentalities thereof.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions in moles per liter of solution. Solutions with a pH greater than seven are said to be basic; solutions with a pH less than seven are said to be acidic; pH equal to seven is considered neutral. Analysis shall be performed in accordance with an approved test procedure.

POLLUTANT

Any dredged spoil, solid waste, holding tank waste, incinerator residue, sewage, garbage, refuse, oil, grease, sewage sludge, septage, munitions, chemical wastes, biological materials, radioactive substance, thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal or agricultural waste or other residue directly or indirectly discharged into the waters of the state, the introduction of which renders these waters detrimental or immediately or potentially dangerous to the public health or unfit for public or commercial use.

PRETREATMENT

The application of physical, chemical and/or biological processes to reduce the amount of pollutants in, or alter the nature of the polluting properties of, wastewater prior to discharging such wastewater into the treatment works.

PRETREATMENT STANDARDS

All applicable federal or state rules and regulations implementing Section 307 of the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.) 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 treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the Beverly Sewerage Authority. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from dischargers into the Authority's POCS.

REGIONAL ADMINISTRATOR

The Administrator of Region II of the United States Environmental Protection Agency or his/her authorized representative.

SIGNIFICANT INDUSTRIAL USER or SIU

[Amended 1-9-2007 by Res. No. 2007-02]

Any user in Delanco including, but not limited to, any significant industrial user as defined in 40 CFR 403.3 and any significant indirect user as defined in N.J.A.C. 7:14A-1.2, but excluding municipal collection systems, who discharges wastewater into the local agency where:

(a)

The user is subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N;

(b)

The user’s average volume of process wastewater exceeds 25,000 gallons per day;

(c)

The amount of BOD, COD or suspended solids in the industrial process wastewater discharge exceeds the mass equivalent of 25,000 gallons per day of domestic waste of the affected local agency;

(d)

The volume of industrial process wastewater in the discharge exceeds five percent or more of the average dry weather flow of the local agency;

(e)

The user’s discharge of process wastewater contributes, five percent or more of the daily mass loading of any pollutants listed in N.J.A.C. 7:14A-4, Appendix A Tables II through V;

(f)

The user is designated as an SIU by the Department on the basis that the user has a reasonable potential for adversely affecting the local agency’s operation;

(g)

The user is designated as an SIU by the control authority on the basis that the user has been in violation of any federal, state, or local pretreatment standard or requirement, including, but not limited to significant noncompliance as defined in 40 CFR 403.8(f)(2)(vii);

(h)

The control authority determines it would be consistent with the intent of the Pretreatment Act or State Act to require a permit for the industrial user;

(i)

The user is determined to be a hazardous waste facility that received a permit in accordance with N.J.A.C. 7:26G-12;

(j)

The user’s discharge consists of landfill leachate, which is either pure, treated, or diluted; or

(k)

The user’s discharge consists of 25,000 gallons per day or more of process wastewater and/or polluted groundwater which is pumped from the ground in order to decontaminate an aquifer; however,