A. 
Except as provided in Subsections B and C of this section and § A505-13, no industrial user shall discharge or cause to be discharged any wastes, either directly or indirectly, into the PVSC treatment works without first obtaining an appropriate permit issued by the PVSC.
B. 
The Chief Executive Officer may issue a temporary permit in lieu of a sewer connection permit. A temporary permit shall be issued for a period not to exceed one (1) year and may be renewed for one (1) additional period until either the effective date of a sewer connection permit or a period not to exceed one (1) year, whichever is less.
C. 
The Chief Executive Officer may issue a letter of authorization in lieu of a sewer connection permit. A letter of authorization carries the same duties and responsibilities as a sewer connection permit except that it is issued for a specific purpose of short duration.
New industrial users who desire to locate into the PVSC sewer district or existing industrial users who desire to commence operations at a new facility within the PVSC sewer district shall apply for and receive a sewer connection permit, temporary permit or letter of authorization, as the case may be, prior to the commencement of operations at the new facility. Although a sewer connection application may be submitted to the PVSC at any time, the PVSC shall issue a permit only after the user either procures title to the property or signs a lease agreement with the property owner.
All industrial users discharging wastes directly or indirectly to the PVSC treatment works prior to the effective date of these Rules and Regulations are hereby granted temporary authority to discharge these wastes. This temporary authority shall expire ninety (90) days after the adoption of these Rules and Regulations unless prior to that date the discharger has filed an application for a sewer connection permit pursuant to §§ A505-11, A505-16 and A505-18 of these Rules and Regulations. In such a case, this temporary authority shall expire on the date the sewer connection permit is issued. Any person discharging pursuant to the temporary authority provided for hereby is subject to all provisions of these Rules and Regulations, and such authority may be suspended or revoked in accordance with the terms and provisions set forth in §§ A505-20 and A505-21 of these Rules and Regulations.
If a permittee wishes to continue discharging to the PVSC treatment works, he shall apply for a renewal of his sewer connection permit no later than six (6) months prior to the expiration date of the permit then in force. The application shall be contained in a form prepared by the PVSC which will be mailed to the user no less than nine (9) months before the expiration date. Renewal of the permit shall be contingent upon the permittee having complied with the terms and conditions of the expired permit.
A. 
Permits shall normally be issued for a period of five (5) years. A permit may be issued for a period of less than five (5) years if the Chief Executive Officer determines that a five-year permit is not needed.
B. 
A letter of authorization shall be issued for a period not to exceed one (1) year. Prior to the expiration of this period, the user shall notify the PVSC if authorization is required beyond the one (1) year authorized. The Chief Executive Officer may reissue the letter of authorization for a period not to exceed one (1) additional year. At the end of this second period, the discharge shall either cease or be subject to a sewer connection permit.
Sewer connection permits, temporary permits or letters of authorization are issued to a specific user for a specific operation and are not transferable. A permit shall not be reassigned or transferred or sold to a new owner, new industrial user or a new or changed operation. The permittee shall notify the Chief Executive Officer within fourteen (14) days of any change in ownership or corporate structure where such change affects responsibility for compliance with these Rules and Regulations.
A. 
Persons desiring a sewer connection permit to discharge shall complete a PVSC application form and forward it to the PVSC. Persons desiring a temporary permit or letter of authorization shall supply all information requested by the PVSC. Upon receipt of all required information, the sewer connection application or request shall be processed, and if required and upon approval, a sewer connection permit, temporary permit or letter of authorization shall be issued.
B. 
The application shall be approved if the applicant has complied with all applicable requirements of these Rules and Regulations and furnished to the Chief Executive Officer all requested information and if the Chief Executive Officer determines that the expected discharge will not interfere with the treatment process, pass through the treatment process inadequately treated or contaminate the sludge produced and that there is adequate capacity in the PVSC treatment works to convey, treat and dispose of the industrial wastes. The Chief Executive Officer shall make a determination within ninety (90) days of receipt of all required information.
C. 
An application or request submitted by a corporation shall be signed by a corporate officer or other executive officer so designated. An application or request signed by an individual other than a corporate officer shall include a corporate resolution granting the individual the authority to make the application or request on behalf of the corporation. An application or request submitted by a user other than a corporation shall be signed by a proprietor or general partner.
A. 
Sewer connection permits shall be issued with at least the following applicable conditions:
(1) 
Monitoring requirements for user charge.
(2) 
Monitoring requirements for pretreatment.
(3) 
Prohibitions and limitations on industrial waste discharged to the sanitary sewer.
(4) 
Compliance schedules.
(5) 
Reporting requirements.
(6) 
Management requirements and responsibilities.
(7) 
Special conditions applicable to industrial users on a case-by-case basis.
B. 
Temporary permits or letters of authorization may contain the conditions listed in Subsection A but shall be established to safeguard the treatment plant and prevent violations of any permit issued to or condition imposed upon the PVSC.
C. 
The terms and conditions of any permit may be subject to modifications and change by the Chief Executive Officer during the life of any permit, as limitations or requirements as identified in §§ A505-22 and A505-23 are modified and changed. The industrial user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in any permit shall include a reasonable time schedule for compliance.
A. 
The Chief Executive Officer may, without formal notice, suspend any permit for a period not to exceed forty-five (45) days when such suspension is necessary in order to stop a discharge which reasonably appears to present an imminent or substantial hazard to the public health, safety or welfare of persons.
B. 
The Chief Executive Officer may, after serving notice on the permittee, including the opportunity to respond, suspend any permit for a period not to exceed forty-five (45) days when such a suspension is necessary in order to stop a discharge which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the PVSC treatment works.
C. 
Any user notified of a suspension of his permit shall immediately cease and desist the discharge of all wastes regulated by that permit. In the event of a failure of the industrial user to comply voluntarily with the suspension order, the Chief Executive Officer shall take such steps as are reasonably necessary to ensure compliance.
D. 
Any suspended user may file with the Chief Executive Officer a request for a hearing with the Commissioners. Such a request shall not stay the suspension. In the event of such request, the Commissioners shall, within fourteen (14) days of the receipt by the Chief Executive Officer of such request, hold a hearing on the suspension and shall either confirm or revoke the action of the Chief Executive Officer. Reasonable notice of the hearing shall be given to the suspended user as provided for in § A505-3. At this hearing, the suspended user may appear personally or through counsel, cross-examine witnesses and present evidence in his own behalf.
E. 
In the event that the Commissioners fail to meet within the time set forth above or fail to make a determination within seventy-two (72) hours after the close of the hearing, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the Chief Executive Officer.
F. 
The Chief Executive Officer shall reinstitute the permit upon proof of satisfactory compliance with all discharge requirements. The PVSC counsel may, upon recommendation of the Chief Executive Officer, commence and prosecute such legal actions as may be appropriate to enforce the provisions of this section.
A. 
The Commissioners may revoke any permit upon a finding that the user has demonstrated a refusal, inability or failure to take reasonable steps to comply with any of the provisions of these Rules and Regulations. No revocation shall be ordered until a hearing has been held by the Commissioners, where the user shall have the right to be represented by counsel, cross-examine witnesses and present evidence in his own behalf. Notice of the hearing shall be given to the user and to the municipality wherein the user is located, in accordance with § A505-3, at least fifteen (15) days prior to the date of the hearing.
B. 
Any user whose permit has been revoked shall immediately cease and desist all discharge of wastes regulated by that permit. The Chief Executive Officer may disconnect or permanently block from the public sewer the connection of any user whose permit has been revoked if such action is necessary to ensure compliance with the order or revocation.
C. 
Before the discharge of wastes may be commenced by the user, he must apply for and receive a new permit, pay all charges, penalties and such other sums as may be owed and comply with the conditions contained in any signed consent order or judgment. Costs incurred by the PVSC and municipality in revoking the permit and disconnecting the connection shall be paid by the user before a new permit is issued.
No person shall discharge or deposit or cause or allow to be discharged or deposited into the treatment works or public sewer any waste which causes or contains the following:
A. 
Explosive wastes. Wastes in such quantity which may create a fire or explosion hazard to the treatment works, collection system or to the operation of the system, including but not limited to wastewater with a closed cup flash point of less than one hundred forty degrees Fahrenheit (140° F.) or sixty degrees Centigrade (60° C.) using the test methods specified in 40 CFR 261.21. Additional quantitative limitations on explosive wastes are specified in Appendix B.[1]
[1]
Editor's Note: Appendix B, Pretreatment Limitations, is included at the end of this chapter.
B. 
Corrosive wastes. Wastes in such quantity which will cause corrosion or deterioration of the treatment works. Unless a higher limit is otherwise stated in the sewer connection permit issued to a user, all wastes shall have a pH not less than five (5). Unless otherwise stated in the sewer connection permit, all wastes shall have a pH not more than ten point five (10.5). Prohibited materials include but are not limited to acids, sulfides, concentrated chloride or fluoride compounds, etc.
C. 
Solids or viscous wastes. Solids or viscous wastes in amounts which would cause obstruction to the flow in a sewer or otherwise interfere with the proper operation of the treatment works. Prohibited materials include but are not limited to uncomminuted garbage, bones, hides or fleshings, cinders, sand, stone or marble dust, glass, etc.
D. 
Oils and grease.
(1) 
Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through.
(2) 
Any industrial wastes containing floatable fats, wax, grease or oils.
(3) 
Any industrial wastes containing more than one hundred (100) milligrams per liter of petroleum-based oil or grease.
E. 
Noxious materials.
(1) 
Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
(2) 
Noxious liquids or gases which, in sufficient quantity, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or are or may be sufficient to prevent entry into a sewer for its maintenance and repair.
F. 
Radioactive wastes. Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the treatment works or personnel operating the system.
G. 
Interference. Any waste, including oxygen demanding wastes (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which an industrial user knows or has reason to know will interfere with the PVSC treatment works.
H. 
Excessive discharge rate. Industrial wastes discharged in a slug or such volume or strength so as to cause a treatment process upset and subsequent loss of treatment efficiency.
I. 
Heat.
(1) 
Any discharge in excess of one hundred fifty degrees Fahrenheit (150° F.) [sixty-five degrees Centigrade (65° C.)].
(2) 
Heat in amounts which would inhibit biological activity in the PVSC treatment works resulting in a treatment process upset and subsequent loss of treatment efficiency.
J. 
Unpolluted waters. Any unpolluted water, including but not limited to cooling water and uncontaminated stormwater, which will increase the hydraulic load on the treatment system, except as approved by the PVSC.
K. 
Dilution water. Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limits.
L. 
Violations. Wastes which cause the PVSC treatment plant to violate its NJPDES permit, applicable receiving water standards, permit regulating sludge which is produced during treatment or any other permit issued to the PVSC.
M. 
Ultrahazardous toxics. Those wastes designated by the EPA as sufficiently toxic that they shall not be discharged to the sanitary sewer in any concentrations.
N. 
Trucked pollutants. Any trucked or hauled pollutants, except at discharge points designated by the Chief Executive Officer, and only after approval is issued by the PVSC.
O. 
Groundwater. Any groundwater, whether contaminated or uncontaminated, unless specifically authorized by the PVSC.
P. 
Stormwater. Any stormwater, whether contaminated or uncontaminated, unless specifically authorized by the PVSC.
A. 
No person shall discharge, deposit or cause or allow to be discharged or deposited into the treatment works or public sewer any waste which violates any pretreatment standard. As pretreatment standards for toxic or other hazardous pollutants are promulgated by the USEPA for a given industrial category, all industrial users within that category shall conform to the USEPA timetable as well any numeric limitations imposed by the USEPA. When the PVSC adopts a local limit that affects the discharge from any user, that limitation shall apply to the affected user. The failure of the PVSC to modify the applicable permit prior to its listed expiration date shall not exempt the user from compliance.
B. 
In addition, a user shall comply with any more stringent standards or limits as determined by the PVSC, NJDEP or USEPA. The PVSC may impose case-by-case limitations on individual permittees using its best professional judgment when necessary to prevent the upset or interference with the PVSC treatment process or pass-through of pollutants which may impair its ability to meet effluent, sludge or air pollution limits or to protect treatment plant worker health and safety. The PVSC may also adjust the local limits to permit emission trading as described in Appendix B, Section B-104.[1]
[1]
Editor's Note: Appendix B, Pretreatment Limitations, is included at the end of this chapter.
C. 
When PVSC local pretreatment limits become effective, except as modified herein, all affected users shall submit baseline monitoring reports, compliance schedules and compliance reports as described in the Federal General Pretreatment Regulations, 40 CFR 403.12, and Appendix B.[2] All affected users shall submit a baseline monitoring report, as defined in 40 CFR 403.12(b) and (c), except that this report shall be submitted to the PVSC within ninety (90) days of the effective date. The PVSC may, for a compelling reason, modify the requirements contained in the federal regulations on a case-by-case basis, in order to address an individual situation. Local pretreatment limitations established by the PVSC shall be contained in Appendix B.
[2]
Editor's Note: Appendix B, Pretreatment Limitations, is included at the end of this chapter.
A. 
If, for any reason, the discharge from a user does not comply with or will be unable to comply with any prohibitions or limitations contained in these Rules and Regulations, municipal ordinance or the permit, the user shall notify the Chief Executive Officer within two (2) hours after becoming aware of the incident so that corrective action may be taken to protect the treatment works.
B. 
An upset shall constitute an affirmative defense to an action brought for noncompliance if the following requirements are met. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that:
(1) 
An upset occurred and the user can identify the cause(s) of the upset;
(2) 
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operations and maintenance procedures; and
(3) 
The user has submitted the following information to the PVSC within twenty-four (24) hours of becoming aware of the upset, except that a written submission must be provided within five (5) days if the information is provided verbally:
(a) 
A description of the indirect discharge and cause of the noncompliance.
(b) 
The period of noncompliance, including exact dates and time, or, if not corrected, the anticipated time the noncompliance is expected to continue.
(c) 
Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
C. 
The industrial user seeking to establish the occurrence of an upset shall have the burden of proof. The user shall control production on all discharges to the extent necessary to maintain compliance with the prohibitions or limitations upon reduction, loss or failure of its pretreatment facility until it is restored or an alternative method of treatment is provided. This requirement shall apply to the situation where, among other things, the primary source of power to the pretreatment facility is reduced, lost or fails.
A. 
A pretreatment facility or device may be required by the Chief Executive Officer to treat or monitor industrial wastes prior to discharge to the public sewer or PVSC treatment works. Where pretreatment or construction necessary to control or monitor wastes is required, prior to the issuance of or as prescribed in the permit, schematics, detailed plans and specifications, process descriptions and other pertinent data or information relating to such pretreatment facility or device shall first be filed with the Chief Executive Officer. Such filing shall not exempt the user nor the facility from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority or from these Rules and Regulations. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without notice to the PVSC and, where required, submission of detailed plans and specifications.
B. 
If inspection of pretreatment facilities and devices by authorized personnel of the PVSC reveals such systems are not installed or operating in conformance with the plans and procedures submitted to the PVSC or are not operating in compliance with the effluent limitations required by the PVSC, the industrial user shall make those modifications necessary to meet those requirements. All pretreatment systems judged by the Chief Executive Officer to require engineering design shall have plans prepared and signed by an engineer of suitable discipline. If pretreatment or control of waste flows is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at his own cost and expense, subject to the requirements of these Rules and Regulations and all other applicable codes, ordinances and laws.
A. 
Unless a different schedule is specified in the permit, each affected user shall submit a user charge self-monitoring report monthly on forms provided or specified by the PVSC. Each report shall be due twenty-one (21) days after the reporting period ends. If the 21st day falls on a Saturday, Sunday or PVSC holiday, then the report shall be due on the next PVSC workday following. A report shall be submitted for each outlet as specified in the permit.
B. 
If a user fails to submit a user charge self-monitoring report as required by his permit, the Chief Executive Officer shall estimate the use for that period. Estimates for reports due in October may be made within five (5) working days after the due date. If a user fails to submit a user charge self-monitoring report and the Chief Executive Officer estimates the usage for that period, this estimate shall become the current year actual usage for that period, and no adjustment shall be made. In addition, no adjustments shall be made to the next year estimated usage if the estimate is prepared using this method.
C. 
Each user whose permit requires him to do so shall submit a periodic pretreatment discharge monitoring report on forms provided or specified by the PVSC. These reports are due thirty-five (35) days after the reporting period ends.
D. 
The pretreatment discharge monitoring report may include but, at the discretion of the Chief Executive Officer, shall not be limited to nature of processes, volume, rates of flow, mass discharge emission rate, production quantities, hours or days of operation, concentrations of pollutants or other information necessary to demonstrate compliance with applicable pretreatment limitations.
E. 
All industrial users subject to Federal Categorical Pretreatment Standards shall, at a minimum, comply with the reporting requirements contained in 40 CFR 403.12 and subsequent revisions, including but not limited to baseline monitoring reports, compliance progress reports, compliance date reports and periodic self-monitoring reports.
F. 
Individual analytical results for BOD, TSS or any other parameter as required by the permit shall be reported on the date that the sample was removed from the sampling device for analysis. (For example, if a sampling device drew a sample from 8:00 a.m. Monday to 8:00 a.m. Tuesday and it was removed on Tuesday for analysis, then the sample would be dated Tuesday).
G. 
Any user may meet the due date requirement for submission of a report by submitting the document via facsimile or electronic data submission, provided that the document is received at the PVSC administrative offices between the hours of 8:30 a.m. and 4:00 p.m. on any date up to and including the due date. In addition, a hard copy of this same report shall be due within four (4) days of the transmission of the facsimile or electronic data submission. The hard copy shall also contain a notation indicating the date and time the report was transmitted via facsimile or electronic data submission. Failure to submit the hard copy within four (4) days specified shall result in the report being considered as not having been received and shall constitute a violation of these Rules and Regulations.
H. 
The following procedure shall be used when reporting analytical results:
(1) 
The pollutant limit will define the precision, or number of digits to the right or left of the decimal point, to be reported.
(2) 
Calculated results shall be rounded off to the same precision as defined for that pollutant in the limit.
(3) 
Zeros in the pollutant limit are included in order to determine the precision.
(4) 
The following procedure shall be followed when rounding off results:
(a) 
Round off by dropping digits that are irrelevant. If the digit 6, 7, 8 or 9 is to be dropped, increase the preceding digit by one (1) unit.
(b) 
If the digit 0, 1, 2, 3 or 4 is to be dropped, do not alter the preceding digit.
(c) 
If the digit 5 is to be dropped, round off the preceding digit to the nearest even number (2.25 becomes 2.2 while 2.35 becomes 2.4).
I. 
The PVSC shall, by resolution, define key fields on various periodic report forms. These key fields must be accurate at the time the report is received at the PVSC. Errors or omissions in any key field will subject the permittee to mandatory minimum fines. This fine is in addition to any other fine to which the permittee may be subject. If the PVSC returns an incomplete report to a permittee with a request that it be completed and resubmitted to the PVSC, the permittee shall be subject to a fine for a late report as defined in Appendix C[1] if the corrected report is not received within the time period specified. Appendix C contains the fine schedule.
[1]
Editor's Note: Appendix C, Fines, is included at the end of this chapter.
A. 
All industrial users who discharge or propose to discharge waste to the PVSC treatment works shall maintain such records as are necessary to demonstrate compliance with the requirements of these Rules and Regulations, any permit and any applicable State or Federal Pretreatment Standards or requirements.
B. 
Such records shall be made available upon request by the Chief Executive Officer. All such records relating to compliance with pretreatment standards shall be made available to officials of the NJDEP and officials of the USEPA upon demand. A summary of such data indicating the industrial user's compliance with these Rules and Regulations shall be prepared and submitted to the Chief Executive Officer as designated in the permit, utilizing forms contained in Appendix D.[1]
[1]
Editor's Note: The forms are available at the office of the City Clerk.
C. 
Each designated industrial user shall install, at his own cost and expense, suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of industrial wastes. Such equipment shall be kept safe, secured from unauthorized entry or tampering and accessible at all times. Except as provided for in Subsection E, monitoring equipment shall be calibrated as recommended by the manufacturer, except that LEL recorders shall be calibrated daily and pH recorders shall be calibrated at least weekly, whichever is more frequent.
D. 
Notwithstanding the requirements of §§ A505-24 and A505-25, a user shall notify the PVSC as soon as possible, but in no case later than two (2) hours from becoming aware of it, if a sampling, monitoring, recording or other device required in accordance with these Rules and Regulations becomes inoperable. Unless modified by the PVSC, the user shall submit a written report to the PVSC, Attention: Industrial and Pollution Control Department, within five (5) working days of the occurrence, detailing what occurred, why it happened, what will be done to correct the problem and a date when the problem will be corrected. If corrective action is expected to take more than two (2) months from the date of the occurrence, the user shall submit monthly progress reports until such times as the problem is corrected. This provision shall not apply during flow meter calibration or to other instrument calibrations that do not exceed thirty (30) minutes.
E. 
An industrial user who claims a lower discharge volume than is indicated by his water consumption, due to retention of water in his product, discharge to a storm sewer, river or ditch, a higher evaporation rate than is allowed by the PVSC or for other reasons, shall provide the PVSC with an acceptable method for accurately determining his discharge volume to the sanitary sewer. An industrial user with more than one (1) discharge point to the sanitary sewer shall provide the PVSC with accurate discharge volumes for each outlet. In the event that the PVSC determines that said volumes are not accurate, the Chief Executive Officer may require the installation of flow measuring equipment. Unless this requirement is modified by the individual permit, flow measuring devices, used in determination of effluent volumes and which are required to be installed in accordance with Subsection C, shall be calibrated annually, or more frequently if recommended by the manufacturer. The PVSC may require a user to notify the PVSC at least seven (7) days prior to any flow meter calibration.
F. 
When more than one (1) industrial user can discharge into a common sewer, the Chief Executive Officer may require installation of separate monitoring equipment for each industrial user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single industrial user, the Chief Executive Officer may require that separate monitoring facilities be installed for each separate discharge.
A. 
Compliance determinations with respect to any permit prohibitions and limitations may be made by the PVSC on the basis of instantaneous grab samples, sequential samples or composite samples of the waste stream or on vapors emanating from the waste stream. Sequential or composite samples may be taken over a twenty-four-hour period or even a longer or shorter time span, as deemed necessary by the Chief Executive Officer, to meet the needs of specific circumstances.
B. 
The PVSC may inspect the monitoring facilities of an industrial user at any time to determine compliance with the requirements of these Rules and Regulations as specified in § A505-4. In any event, the PVSC shall conduct at least one (1) inspection and sampling visit per calendar year at each permittee, excluding those users issued a temporary permit or letter of authorization.
C. 
An industrial user may demonstrate compliance with a categorical pretreatment limit by certifying nonuse only if permitted in the applicable regulation. A user may demonstrate compliance with a state or local limit by certifying nonuse, as described herein, unless prohibited by the applicable regulations. Prior to claiming nonuse, the user shall analyze at least three (3) separate, daily composite samples for the regulated pollutants over a two-week period. The user shall then submit the result of the analyses with the following statement in its next required report. The statement shall read: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system or those persons directly responsible for gathering the information, the information submitted, to the best of my knowledge, information and belief, is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment, for knowing violations." [403.6(a)(2)(ii) revised by 53 FR 40610, October 17, 1988]
D. 
The PVSC will accept the certification described in Subsection C above, provided that the concentration of the affected pollutants is at or below the threshold value specified in Appendix B, Table B-2.[1] The industrial user shall continue to submit this certification for each subsequent monitoring period during which it applies, using the wording as described above.
[1]
Editor's Note: Table B-2 is located in Section B-103.3 of Appendix B, included at the end of this chapter.
A. 
Laboratory analysis of industrial waste samples shall be performed by laboratories certified by the NJDEP in wastewater analyses for the parameters to be analyzed. Test procedures identified in 40 CFR 136, Test Procedures for the Analysis of Pollutants, shall be utilized for all analyses.
B. 
All laboratory procedures, other than those permitted by 40 CFR 136, shall be considered as alternate procedures. The Chief Executive Officer may permit an industrial user to substitute an alternate procedure, provided that the USEPA had previously approved use of the method by the laboratory performing the analysis and a suitable application had been submitted to the PVSC. Acceptable comparability data shall be included in the application.
C. 
Sample collection, handling and preservation techniques contained in 40 CFR 136 shall be followed for all parameters. Samples shall be maintained within the range of one degree Centigrade (1° C.) to four degrees Centigrade (4° C.) while being collected, after collection and during transport to the laboratory for analysis. Suitable logs and/or records shall be maintained at the monitoring station and at the analyzing laboratory to demonstrate proper temperature control.
A. 
Industrial wastes shall be sampled and analyzed by the user for user charge and, where required, pretreatment. The frequency of sampling and analysis shall be specified in the permit and shall be based on frequencies contained in federal, state and local regulations. The Chief Executive Officer may increase the frequency on a temporary basis if deemed necessary to verify data submitted by the user or to aid in determining the user's compliance with these Rules and Regulations.
B. 
If a permittee analyzes his industrial wastes for parameters not required in the permit or at a greater frequency than specified in the permit, these results shall also be included in the periodic monitoring reports submitted to the PVSC.
A. 
In order to fulfill its responsibilities under federal and state laws and regulations, the PVSC shall develop and implement an enforcement response plan (ERP), hereinafter referred to as the "plan." The plan shall be incorporated into the PVSC Rules and Regulations by a resolution of the Commissioners and shall be subject to modification as needed in order to keep it consistent with federal and/or state laws and regulations. This plan shall contain detailed procedures indicating how the PVSC will investigate and respond to instances of user noncompliance.
B. 
At a minimum, it shall:
(1) 
Describe how the PVSC will investigate instances of noncompliance.
(2) 
Describe the types of escalating enforcement responses the PVSC will take in response to all anticipated types of user violations and the time periods within which response will take place.
(3) 
Identify by title the official(s) responsible for implementing each type of enforcement response.
(4) 
Adequately reflect the PVSC's primary responsibility to enforce all applicable pretreatment requirements and standards, as provided in 40 CFR 403.8(f)(1) and (2) and any subsequent changes.
A. 
A user is in significant noncompliance (SNC) if its violation(s) meet one (1) or more of the following criteria:
(1) 
Chronic violations of pretreatment standards.
(2) 
Technical review criteria (TRC) violations.
(3) 
Any other violation of a pretreatment standard that the PVSC determines caused, alone or in combination with other discharges, interference or pass-through.
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the PVSC's exercise of its emergency authority under § A505-20 of these Rules and Regulations.
(5) 
Failure to meet within ninety (90) days of the scheduled date a compliance schedule milestone contained in its permit, enforcement order or consent order for starting construction or completing construction.
(6) 
Failure to provide, within thirty (30) days of the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules.
(7) 
Failure to accurately report noncompliance.
(8) 
Any other violation or group of violations which the PVSC determines will adversely affect the operation or implementation of the local pretreatment program.
B. 
A user who is in significant noncompliance as defined in this section is not necessarily a significant noncomplier as defined by New Jersey Statutes or regulations.