A.
These Rules and Regulations set forth uniform requirements
for dischargers into the PVSC wastewater collection and treatment
systems and enable PVSC to protect public health in conformity with
all applicable state and federal laws relating thereto. The objectives
of these Rules and Regulations are:
(1)
To prevent the introduction of pollutants into the
PVSC treatment works which will interfere with the normal operation
of the treatment works or contaminate the resulting sludge.
(2)
To prevent the introduction of pollutants into the
publicly owned treatment works which do not receive satisfactory treatment
by the POTW or which pass through the system into receiving waters
or the atmosphere or otherwise be incompatible with the POTW.
(3)
To improve the opportunity to recycle and reclaim
wastewater and sludge produced by the treatment processes.
B.
These Rules and Regulations provide for the regulation
of discharges into the PVSC treatment works through the issuance of
sewer connection permits.
A.
Except as otherwise provided herein, the Chief Executive
Officer of the PVSC shall administer, implement and enforce the provisions
of these Rules and Regulations. Any powers granted or duties imposed
upon the Chief Executive Officer may be delegated by the Chief Executive
Officer to the persons acting in the beneficial interest of or in
the employ of the PVSC. The position of Hearing Officer is created
to conduct informal proceedings prior to referral to the Commissioners.
Conclusions and recommendations reached by the Hearing Officer are
subject to review by the Commissioners.
B.
Users that fail to submit periodic monitoring reports as specified in § A505-26 of the Rules and Regulations shall have the right to an informal hearing before this Hearing Officer. This user shall pay any fine stipulated or assessed. Failure to pay the fines assessed will result in the matter being referred to the Commissioners for action. Minimum fines are listed in Appendix C.[1]
[1]
Editor's Note: Appendix C, Fines, is included at the end of this chapter.
A.
Unless otherwise provided herein, any notice required
to be given under these Rules and Regulations shall be in writing
and served in person or by certified mail. If served by mail, the
notice shall be sent to the last address known to the Chief Executive
Officer. Where the address is unknown, service may be made upon the
owner of record of the property upon which the alleged violation occurred.
If the written notice served in person or by certified mail is not
accepted, then said notice shall be posted in a conspicuous location
by or on the property upon which the alleged violation occurred.
B.
Notice shall be deemed to have been given at the time
of deposit, postage prepaid, in a facility regularly serviced by the
United States Postal Service. A dated, signed receipt shall be the
determinant for the acknowledgment of such notice and the start of
any time limitation.
A.
Whenever it shall be necessary for the purpose of
these Rules and Regulations, the Chief Executive Officer, upon presentation
of credentials, may enter upon property or premises for the purpose
of:
(1)
Copying any records required to be kept under the
provisions of these Rules and Regulations or sewer connection permits.
(2)
Inspecting the plant facilities or any monitoring
equipment.
(3)
Sampling any discharge of wastewater to the treatment
works.
(4)
Inspecting and/or sampling RCRA or other type waste
or substances.
B.
Authorized personnel of the PVSC shall be provided
immediate access to all the facilities directly or indirectly connected
to the PVSC treatment works during normal working hours and at such
other times as may be necessary during emergencies as determined by
the PVSC. All users shall provide easy access to the sewerage facility
to be inspected and shall promptly remove any permanent or temporary
obstruction at the verbal or written request of the Chief Executive
Officer.
C.
No person shall interfere with, delay, resist or refuse
entrance to an authorized PVSC inspector attempting to inspect any
facility involved directly or indirectly with a discharge of wastewater
to the PVSC treatment works.
The PVSC reserves the right to promulgate changes to these Rules and Regulations in order to conform to changes in USEPA or NJDEP regulations or where deemed necessary to comply with the objectives set forth in § A505-1. Public hearings or public meetings shall be conducted in accordance with USEPA public participation requirements which are contained in 40 CFR 25 and its subsequent changes and revisions.
A.
Any person required to furnish information to PVSC
for any purpose may request that such information or any part thereof
be classified as trade secrets. In the event that such request is
granted, the designated material shall be treated as proprietary information
and shall not be made available for public inspection. The PVSC shall
have the right to forward such request to an appropriate state or
federal agency for a determination as to whether the information submitted
is in fact a trade secret. All information shall be held confidential
until a determination is made by an appropriate federal and/or state
agency(ies). Also, all determinations of confidentiality will be on
an item-by-item basis such that a determination of one (1) part of
a submittal to be public information will not open up the whole submittal.
In no event, however, shall the physical or chemical characteristics
of a user's industrial waste be classified as a trade secret.
B.
The industrial user or his representative shall have
the right to require that anyone not directly employed by the PVSC
sign a confidentiality agreement approved by the PVSC. This agreement
shall not include information concerning pretreatment facilities or
discharge monitoring.
A.
Any person adversely affected by any decision, action
or determination made by or on behalf of the PVSC in implementing
any of the provisions of these Rules and Regulations may request a
reconsideration of such decision, action or determination. Such request
shall be in writing addressed to the Chief Executive Officer and shall
be filed with the Clerk of the PVSC within ten (10) days of the action
in dispute.
B.
The request shall set forth the action being appealed,
the reasons for the appeal and the proposed alternative to such action.
The Chief Executive Officer shall review the request for reconsideration
and shall grant or deny the request within ten (10) days of its receipt.
The Chief Executive Officer shall notify all parties of record within
ten (10) days of his decision. In the event that the Chief Executive
Officer fails to act within ten (10) days, the request shall be deemed
to be denied.
C.
Any person adversely affected by any action of the
Chief Executive Officer in implementing any of the provisions of these
Rules and Regulations may appeal said action by filing a written notice
of appeal with the Clerk directed to the Chairman of the PVSC. Said
notice shall be filed within ten (10) days of the action being challenged.
It shall set forth fully the action being challenged, the grounds
for the appeal and the proposed alternative action requested. Said
appeal shall be accompanied by a fee of two hundred dollars ($200.)
which shall be refunded in the event that the appeal is granted. The
Chairman or any Commissioner so designated by him shall conduct a
public hearing within thirty (30) days of the filing of the request
for appeal. The burden of proof shall be on the appellant, who may
appear personally or through counsel and who shall have the right
to present evidence and cross-examine witnesses. All affected member
municipalities shall be given fifteen (15) days' written notice of
the hearing and shall have the right to participate therein. Public
notice of said hearing shall also be published as is required by law.
D.
The Chairman or the Commissioner so designated by
him shall issue a report of said hearing and a recommendation to the
Commissioners for action on the appeal within fourteen (14) days after
the completion of the public hearing. Said report and recommendations
shall be acted upon by the Commissioners within thirty (30) days thereafter.
Such action shall be considered a final ruling on the appeal. No decision,
action or determination of the Chief Executive Officer shall be stayed
by the appeal procedure authorized under this section.
A.
In addition to any other public participation requirements
contained in 40 CFR 25 or its revisions, the PVSC shall publish, at
least annually, a list of the industrial users which, during the previous
twelve (12) months, significantly violated applicable pretreatment
standards or other pretreatment requirements. The list shall be published
in those large daily newspapers with sufficient scope to cover the
entire PVSC sewer district.
