A. 
This chapter sets forth uniform requirement for discharges into the wastewater collection systems of the participants that are connected to treatment works owned by the Township of Pohatcong. It is intended to comply with state and federal laws and regulations pertaining to wastewater treatment and industrial pretreatment.
B. 
The objectives of this chapter are:
(1) 
To prevent the introduction of pollutants which will interfere with the operation of the treatment works or contaminate the resulting sludge.
(2) 
To prevent the introduction of pollutants which will pass-through the treatment works, inadequately treated, into receiving waters or the atmosphere, or otherwise be incompatible with the treatment works and this chapter.
(3) 
To improve the opportunity to recycle and reclaim wastewaters and sludges from the treatment works.
C. 
This chapter authorizes monitoring and enforcement activities, requires industrial user reporting, and provides for the regulation of discharges to the POTW through enforcement of general requirements for all dischargers. Except as otherwise provided, the approval authority of the Township of Pohatcong shall administer, implement and enforce this chapter.
A. 
Unless the context specifically indicates otherwise, the following terms shall have the following meanings:
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 department of the township designated by the township to administer this chapter 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 New Jersey Department of Environmental Protection (NJDEP).
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
An authorized representative of and industrial user who may be:
(1) 
A principal executive of at least the level of vice president, if the industrial user is a corporation.
(2) 
A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively.
(3) 
A duly authorized representative of the individual designated under A or B, 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).
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter for five days at 20° C expressed in terms of concentration i.e., milligrams per liter (mg/1) in accordance with standard test methods.
CATEGORICAL INDUSTRIAL USER
An industrial user subject to categorical standards in accordance with the EPA General Pretreatment Standards (40 CFR Part 403).
CATEGORICAL STANDARDS
Pretreatment standards as codified in 40 CFR, Chapter 1, 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.
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 consumed from a chemical oxidant in accordance with an approved test procedure.
COMMISSIONER
The Commissioner of the New Jersey Department of Environmental Protection (NJDEP) or his/her authorized representative.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH, fecal coliform bacteria, and such additional pollutants as are (or may in the future be) specified and controlled in the township'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 aliquots collected during a specified time period and combined to make as representative sample.
CONDITIONALLY EXEMPT USER
Any participant that conducts a dry operational process, thereby discharging only domestic wastewater into the sewer system, however, by means of in-house procedures has the potential to discharge wastewater material of a quantity which would impact on the treatment works.
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 to a harmless state, as measured according to the procedures set forth in 40 CFR 403.7 of the General Pretreatment Regulations for Existing and New Sources of Pollution.
CONTROL AUTHORITY
Refers to the "approval authority" defined above.
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 or scaling.
DISCHARGE
The releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of a waste material into the waters of the state or onto the land or into wells which might flow or drain into said waters, and shall include the release of any pollutant or waste stream into a municipal treatment works.
DOMESTIC WASTEWATER
The liquid-borne waste discharged from residential units, normally resulting from the noncommercial preparation, cooking and handling of food and wastes from sanitary conveniences.
EMERGENCY
A situation which, in the opinion of the approval authority or his/her authorized representative, may cause interference and/or pass-through, damage to the POTW or present a health hazard to personnel, the general public, or the environment.
EPA
The United States Environmental Protection Agency.
EXEMPT FACILITY
Any participant that conducts a dry operational process and has no potential to discharge nondomestic wastewater.
EXISTING USER OR EXISTING INDUSTRIAL USER
Includes all persons discharging wastewater to treatment works of the township, or the participants at the time this chapter is adopted by the township.
GARBAGE
Solid waste from the domestic and commercial preparation, cooking, dispensing, handling, storage and/or sale of food.
GRAB SAMPLE
A sample 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, camper, trailers, septic tanks, and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT
Any pollutant which is not a compatible pollutant.
INDUSTRIAL DISCHARGE PERMIT
A permit duly issued by the approval authority, or participant if the program is delegated, pursuant to § 220-17, to any industrial user in accordance with this chapter. Such permit may establish discharge limitations, monitoring and reporting obligations, and other requirements that are more or less stringent than this chapter.
INDUSTRIAL PROCESS WASTEWATER
The liquid waste or liquid-borne 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:
(1) 
Division A: Agriculture, Forestry, and Fishing.
(2) 
Division B: Mining.
(3) 
Division D: Manufacturing.
(4) 
Division E: Transportation, Communications, Electric, Gas and Sanitary Services.
(5) 
Division I: Services.
INDUSTRIAL USER
Any person who discharges nondomestic wastewater into the treatment works.
INTERFERENCE
(1) 
Inhibiting or disrupting the operation of 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
(2) 
Discharging industrial process wastewater which, in combination with existing domestic flows, are of such volume or strength as to exceed either the industrial user's permit conditions, the concentration set forth in Table I,[1] the requirements approved by the approval authority, or the sewer use Ordinance of the participant where the discharge is located, or any combination of the foregoing; or
(3) 
Preventing the approved use or disposal of sludge produced by the POTW in accordance with Section 405 of the Act, and regulations, 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 (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.
MAJOR INDUSTRIAL USER
Any industrial user discharging process wastewater where either:
(1) 
The discharge is subject to categorical pretreatment standards.
(2) 
Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) to the POTW or that contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(3) 
This is designated as such by the approval authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement.
NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES)
The New Jersey system for the issuing, modifying, suspending, revoking, reissuing, terminating, monitoring and enforcing discharge permits pursuant to the state act. The term also includes discharge permits (NJPDES) issued pursuant to Section 402 of the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.).
NJDEP
The New Jersey Department of Environmental Protection.
NONDOMESTIC
Wastewater of a quantity or quality which would have an impact on the treatment works.
PARTICIPANT
All the municipalities, local sewerage authorities, companies or customers that sign a service agreement that provides for the treatment of sewerage by the township's treatment works.
PERMITTED INDUSTRIAL USER
Any participant who discharges nondomestic wastewater into the sewer system which is regulated by means of an industrial pretreatment permit.
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 therefor.
pH
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, 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 substance discharged directly or indirectly 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, except by dilution, 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 nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent shall apply.
PUBLICLY OWNED TREATMENT WORKS (POTW)
Treatment works owned and operated by the township, or any participant.
REGIONAL ADMINISTRATOR
The Regional Administrator for Region II of the United States Environmental Protection Agency or his/her authorized representative.
SIGNIFICANT VIOLATION
(1) 
Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2) 
Technical review criteria (TRC) violations, defined as those in which 33% or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily average maximum limit or the average limit times the applicable TRC (TRC-1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) 
Any other violation of a pretreatment effluent (daily maximum or longer-term average) that the approval authority determines has caused, along or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTWs exercise of authority to halt or prevent such a discharge;
(5) 
Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in the permit or enforcement order, for starting construction, completing construction, or attaining final compliance;
(6) 
Failure to provide, within 30 days after the due date, required reports, such as baseline monitoring reports, ninety-day compliance reports, and reports on compliance with compliance schedules;
(7) 
Failure to accurately report noncompliance; or
(8) 
Any other violation or group of violations which the approval authority determines will adversely affect the operation or implementation of the local pretreatment program.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual, 1987 (as revised), issued by the Executive Office of the President, Office of Management and Budget.
STATE
The State of New Jersey.
STATE ACT
The New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
STORMWATER
Any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS
The total nonfilterable residue as defined in Manual of Methods for Chemical Analysis of Water and Wastes and analyzed in accordance with an approved test procedure.
TOTAL TOXIC ORGANICS
The following compounds which encompass EPA Method No. 613, 6224 (Parts 601-602), and 625 (Parts 604-12):
Parameter
EPA Method No.
2,3,7,8-Tetrachlorodibenzeno-p-dioxin
613
Purgeables
624
Purgeable Halocarbons
Part 601
  Includes:
Bromoform
Bromodichloramethane
Bromomethane
Carbon tetrachloride
Chlorobenzene
Chloroethane
2-Chloroethylvinly ether
Chloroform
Chloromethane
Dibromochloromethane
1,2-Dichlorobenzene
1,3-Dichlorobenzenel, 4-Dichlorobenzene
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane
1,1-Dichloroethene
trans-1,2-Dichloroethene
1,2-Dichloropropane
cis-1,3-Dichloropropene
trans-1,2-Dichloropropene
Methylene chloride
1,1,2,2-Tetrachloroethane
Tetrachloroethene
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethene
Trichlorofluoromethane
Vinyl chloride
Purgeable Aromatics
Part 602
  Includes:
Benzene
Chlorobenzene
1,2-Dichlorobenzene
1,3-Dichlorobenzene
1,4-Dichlorobenzene
Ethylbenzene
Toluene
Base/Neutral, Acids and Pesticides
625
Phenols
  Includes:
4-Chloro-3-methylphenol
Part 604
2-Chloropheno
2-4-Dichlorophenol
2-Methyl-4,6-dinitrophenol
2-Nitrophenol
4-Nitrophenol
Pentachlorophenol
Penol
2,4,6-Trichlorophenol
Benzidines
Part 605
  Includes:
Benzidene
3,3-Dichlorobenzidene
Phthalate Esters
Part 606
  Includes:
Benzyl Butyl Phthalate
Bid (2-ethylexyl) phthalate
Di-n-butyl Phthalate
Di-n-octyl phthalate
Diethyl phthalate
Dimethyl phthalate
Nitrosamines
Part 607
  Includes
N-nitrosodimethylamine
N-nitrosociphenylamine
N-nitrosodi-n-propylamine
Organochlorine Pesticides and PCBs
Part 608
  Includes:
Aldrin
a-BHC
b-BHC
d-BHC
g-BHC
Chlordane
4,4-DDD
4,4-DDE
4,4-DDT
Dieldrin
Endosultan I
Endosultan II
Endosultan Sulfate
Endrin
Endrin Aldehyde
Heptachlor
Heptachlor Epoxide
Toxaphene
PCB-1016
PCB-1221
PCB-1232
PCB-1242
PCB-1248
PCB-1254
PCB-1260
Nitroaromatic and Isphorone
Part 609
Includes:
Isophorone
Notrobenzene
2,4-Dinitrotoluene
2,6-Dinitrotoluene
Polynuclean Aromatic Hydrocarbons
Part 610
  Includes:
Acenapthene
Acenaphythlene
Anthracene
Benzo(a)anthracene
Benzo(b)pyrene
Benzo(b)thuoranthene
Benzo(g)perylene
Benzo(k)fluoranthene
Chrysene
Dibenzo(a,h)anthracene
Fluoranthene
Fluorene
Indeno (1,2,3,-cd)pyrrene
Naphthalene
Phenanthrene
Pyrene
Haloethers
Part 611
  Includes
Bis(2-chloroethyl) ether
Bis(2-chloroethoxy) methane
Bis(2-chloroisopropyl) ether
4-Bromophenyl Phenyl ether
4-Chlorophenyl Phenyl ether
Chlorinated Hydrocarbons
Part 612
  Includes
Hexachlorocyclopentadiene
Hexachlorobenzine
Hexachlorobutadiene
Hexachloroethane
1m2-Dichlorobenzene
1,2,4-Diochlorobenzene
1,3-Dichlorobenzend
1,4-Dichlorobenzene
2-chloronaphthalene
TOWNSHIP
The Township of Pohatcong, Warren County, New Jersey.
TOXIC POLLUTANT
Those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly or indirectly by ingestion through food chains, may, on the basis of information available to the Commissioner, cause death, disease, behavioral abnormalities, cancer, genetic mutants, physiological malfunctions, including malfunctions in reproduction, or physical deformation, in such organisms or their offspring. Toxic pollutants shall include but not be limited to those pollutants designated under Section 307 of the federal act or Section 4 of the state act.
TREATMENT WORKS
Any device or system, whether public or private, used in collection, transportation, storage, treatment, recycling, or reclamation of municipal or industrial waste of a liquid nature, including intercepting sewers, outfall sewers, sewage collection systems, cooling towers and ponds, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alteration thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; any other works including sites for the treatment process or ultimate disposal of residues resulting from such treatment.
TREATMENT WORKS PLANT
That portion of the treatment works designed to provide treatment to wastewater.
WASTEWATER
The liquid and water-carried wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is discharged into or permitted to enter the treatment works of the township or any participant.
[1]
Editor's Note: Table I is in § 220-27.
B. 
Terms not otherwise defined herein shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation; the Federal Guidelines for State and Local Pretreatment Programs, EPA-430/9-76-017a, Volume 1, 1977, or the latest revision thereof; the Clean Water Act, 33 U.S.C. § 1251 et seq.; the New Jersey Water Pollution Control Act, N.J.S.A. 58:11-49 et seq., 1972.
C. 
Abbreviations. The following abbreviations shall have the following meanings:
BOD
Biochemical Oxygen Demand, 5-day
CFR
Code of Federal Regulations
COD
Chemical Oxygen Demand
EPA
United States Environmental Protection Agency
l
Liter
mg
Milligrams
mg/l
Milligrams per liter
N.J.A.C.
New Jersey Administrative Code
NJDEP
New Jersey Department of Environmental Protection
POTW
Publicly Owned Treatment Works
SIC
Standard Industrial Classification
USC
Unites States Code
TSS
Total Suspended Solids
A. 
Prohibitions on wastewater discharges. No person may discharge, or allow to be discharged, into treatment works of the township or any participant, any wastewater which causes pass-through or interference, contributes to a violation of any parameter in the township's NJPDES permit or to a violation of a participant's Sewer Use Ordinance, or which contains any of the following:
(1) 
Oil and grease:
(a) 
All oil, fats and grease, including petroleum-based hydrocarbons petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through; or
(b) 
Floatable fats, wax, grease, or oil, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 32°F. and 150°F. (0°C. and 65°C.) at the point of discharge into the treatment works.
(2) 
Explosive and/or flammable mixtures: liquids, solids or gases which by reason of their nature or quantity may, either alone or by interaction with other substances, cause fire or explosion or be injurious in any other way to the treatment works or to the operation of the works. (Such materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides) or waste streams with a closed-cup flashpoint of less than 140°F. or 60°C. using the test methods specified in 40 CFR 261.21.
(3) 
Noxious materials: pollutants which, either singly or by interaction with other wastes, are malodorous, are capable of creating public nuisance or hazard to life or health, or are present in sufficient concentrations to prevent entry into the treatment works for its maintenance an repair.
(4) 
Improperly shredded garbage: garbage that has not been ground or comminuted to such a degree that all particles will be floating or carried freely in suspension under flow conditions normally prevailing in the treatment works, with no particle greater than 1/2 inch in any dimension, except that this prohibition does not apply to garbage disposal units in private dwellings whose only discharge is domestic wastewater.
(5) 
Radioactive wastes: any discharge which may result in toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems or radioactive wastes not in conformance with N.J.A.C. 7:28-11.2 (Disposal of Radioactive Materials-Disposal by Release into Sanitary Sewerage Systems).
(6) 
Solid or viscous wastes: solid or viscous wastes which may cause obstruction to the flow in a sewer or otherwise interfere with proper operation of the treatment works. (Such materials include but are not limited to grease, improperly shredded garbage, animal guts or tissues, diseased human organs or tissue fluids, paunch manure, bones, hair, hides or fleshings entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, and similar substances.)
(7) 
Excessive discharge: wastewater at a flow rate during a period longer than 15 minutes that exceeds more than five times the average daily flow rate of the industrial user during normal operation, or wastewater containing such concentration or quantities of pollutants that may in the judgment of the approval authority cause a treatment process upset, interference or significant loss of treatment efficiency.
(8) 
Toxic pollutants: any toxic pollutant exceeding standards promulgated by the Administrator of the EPA pursuant to Section 307(a) of the Clean Water Act of 1977 (as amended), or standards promulgated pursuant to Section 4 of the state act.
(9) 
Stormwater: stormwater, surface water, groundwater, roof runoff, swimming pool water, subsurface drainage, foundation (new construction), floor drain or basement sump pump drainage, pond water, unpolluted cooling water or unpolluted industrial process water. Inside floor drains will be exempted for those specific cases as deemed necessary due to local codes.
(10) 
Discolored materials: colored wastes containing materials which cause the treatment works to exceed water quality color criteria; or cause the sewerage plant influent or effluent to exhibit color characteristics other than normal wastewater color characteristics.
(11) 
Substances interfacing with sludge management: any substance which may cause the POTWs sludge to be unsuitable for reclamation, reuse, or disposal. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, any criteria, guidelines, or regulations, affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or, to the extent practicable, the New Jersey Guidelines for the Utilization and Disposal of Municipal and Industrial Sludges and Septage.
(12) 
Corrosive wastes: any waste which may cause corrosion or deterioration of the treatment works; all wastes discharged to the treatment works must not have a pH value lower than 6.0 or greater than 9.0 standard units; concentrated acids, alkalies, sulfides, chloride and fluoride compounds, and substances which have a pH value outside the range of 6.0 to 9.0 standard units.
(13) 
Heat: heat in amounts which will inhibit biological activity in the treatment works, resulting in interference or causing damage, but in no case heat in such quantities that the temperature exceeds 65°C. (150°F.) at the sewer connection and 40°C. (104°F.) at the treatment works plant, unless the NJDEP, upon request of the POTW, approves alternative temperature limits.
(14) 
Trucked and hauled wastes: any discharge of trucked or hauled wastes except at discharge points designated by the POTW; septage or wastes from septic tanks, cesspools or other such sources of sanitary waste.
(15) 
Any residue from petroleum storage, refining or processing, waste fuels, lubricants solvents, or paints.
(16) 
Any pollutant, including oxygen demanding pollutants (BOD, COD, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.
B. 
Specific limitations on wastewater discharges.
(1) 
Table I represents the maximum concentration of specific pollutants for wastewater discharges to the treatment works by any person. Dilution of any wastewater discharge for the purpose of satisfying these requirements is a violation of this chapter. No user shall discharge wastewater with pollutant levels exceeding the maximum concentration in Table I, unless a variance has been granted by an industrial user discharge permit pursuant to the permit provisions of this chapter.
Table I
Specific Pollutant
Maximum Permissible Concentration (mg/l)
Parameter
Maximum Concentration From Industrial Connections to POTW
(mg/l)
Arsenic (As)
0.01
Cadmium
0.01
Chromium
0.30
Chromium Hex. (Cr(H)
0.30
Copper (Cu)
0.31
Cyanide (CN)
Not detectable
Lead (Pb)
0.05
Mercury (Hg)
Not detectable
Nickel (Ni)
1.65
Oil and grease (O/G)
30.0
pH
Greater than 6.0 but less than 9.0 standard units
Petroleum hydrocarbons
15.0
Phenols
0.09
Silver (Ag)
0.05
Total toxic organic (TTO)
3.7
Total halogenated organics
5.0
Zinc
0.30
(2) 
All users will meet the following compatible pollutant limits unless specified in writing by the Township of Pohatcong:
Parameter
Max Concentration From Industrial Connections to POTW
(mg/l)
Biological oxygen demand (BOD5)
250.0
Total suspended solids (TSS)
250.0
TKN
40.0
Ammonia nitrogen
25.0
(3) 
All concentration for metallic substances are for "total" metals unless indicated otherwise.
(4) 
All parameters with a "not detectable" (ND) limit should be analyzed down to the NJDEP recommended quantitation levels.
(5) 
The above-listed concentrations and characteristics may be altered and/or explained as necessary to meet treatment or sludge disposal requirements or in the event of cumulative overload of the Phillipsburg Sewage Treatment Plant.
(6) 
The admission into the treatment works any water or wastes having a five-day BOD in excess of 250 mg/l, on a twenty-four-hour composite basis, or for any grab sample having a BOD in excess of 400 mg/l, will be subject to review by the approval authority. Where necessary in the opinion of the approval authority, the owner shall provide at his own expense, such pretreatment as may be required to reduce the BOD to meet the above requirements.
(7) 
The permittee will be required to monitor for TTOs for three successive months at the commencement of said permit. Results shall be submitted along with the second required quarterly monitoring report as noted within the permittee's Effluent Guidelines and Monitoring Requirements Table. If all three successive monthly sampling analyses fall below the quarterly limit for TTOs stated within the final pretreatment permit, the permittee may apply for an exemption of the TTO test. Should the permittee qualify for an exemption of the TTO test, the permittee will remain responsible to continue sampling for TTOs on a quarterly basis per the reporting dates stated within the final industrial pretreatment permit, until approval concerning exemption of the TTO test is granted by this township.
(8) 
If the permittee does not qualify for exemption of the TTO test by not achieving all three successive monthly sampling analysis below the quarterly limit for TTOs stated within the final industrial pretreatment permit, the permittee must continue to sample for TTOs on a quarterly basis thereafter until the expiration of the industrial pretreatment permit.
(9) 
The above-stated conditions are applicable to all facilities with the exemption of hospitals, medical centers, learning institutions, and all laboratories (commercial, industrial, research, etc.) which are required to test for TTOs on a quarterly basis during the life on the industrial pretreatment permit. Food industries are required to submit only two successive monthly sampling analysis. All remaining conditions remain applicable as noted. Furthermore, all permitted industries governed by Federal Categorical Standards may be subject to a TTO Management Plan.
(10) 
All facilities having multiple point discharges may composite for their TTO samples based upon flow percentage from each of the multiple point discharge sampling locations. Acrolein, acrylonitrile, and dioxin are generally exempt parameters pertaining to all TTO sampling and analysis. However, the township does reserve the right to require analytical data on such parameters if necessary.
C. 
Federal Categorical Pretreatment Standards. Upon promulgation of a Federal Categorical Pretreatment Standard for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede these limitations, and affected industrial users shall comply with the stated deadlines. The approval authority shall make reasonable attempts to notify affected industrial users of the applicable reporting requirements under 40 CFR 403.12, but a failure to notify does not relieve such industries of the obligation to comply with such reporting requirements.
D. 
Modification of Federal Categorical Pretreatment Standards. If the township's wastewater treatment system achieves consistent removal of pollutants limited by the Federal Pretreatment Standards, the township may apply to the Director of the NJDEP Division of Water Resources for modification of specific limits in the Federal Pretreatment Standards. If the requirements contained in 40 CFR 403.7 are fulfilled and prior approval from the Director of the NJDEP Division of Water Resources is obtained, the township may modify pollutant discharge limits in the Federal Pretreatment Standards.
E. 
State requirements. State requirements and limitations on discharges shall apply where they are more stringent than this chapter or the federal requirements.
F. 
Township's right of revision. The township reserves the right to establish more stringent limitations or requirements on discharges to the treatment works than are contained in this chapter.
G. 
Excessive discharge. No industrial user shall increase the use of process water or in any way otherwise dilute a discharge as a substitute for adequate treatment to comply with the Federal Categorical Pretreatment Standards or any other pollutant-specific limitation developed by the township or the state.
H. 
Local requirements. Any participant's requirements and limitations on discharges which are more stringent than this chapter or the federal requirements shall apply to discharges within their respective service areas.
I. 
Delegation. A participant who can demonstrate to the satisfaction of the approval authority that they have in place requirements equal to or more stringent than those set forth herein and the institutional capabilities to administer same may request that this program be delegated to them. A participant's requirements must maintain conformity with those requirements set forth herein and may be subject to modifications and addendum upon review. The approval authority shall, once satisfied as to the participant's ability to run the program, negotiate a delegation agreement and present it to the Board of Commissioners for approval.
A. 
Regulatory actions. If wastewaters violating the permit conditions or restrictions imposed under § 220-27 of this chapter are discharged into the treatment works, the approval authority may take any of the following actions:
(1) 
Prohibit the discharge of such wastewater.
(2) 
Require an industrial user to demonstrate that in-plant modifications will reduce or eliminate the discharge so as to be in conformance with this chapter.
(3) 
Require pretreatment, including storage facilities or flow equalization, necessary to ensure compliance with this chapter.
(4) 
Require the discharger to pay the costs, shown to be resulting from a violation of this permit, incurred by township for any damages, including engineering, legal and administrative costs.
(5) 
Take such other remedial action, including discontinuation of service and/or court action for injunction relief, as may be desirable or necessary.
(6) 
Impose a fine for the connection of floor drains or basement sump pumps to the Township sewer lines in the amount of no less than $500 and not to exceed the amount set forth in Chapter 153, General Penalty.
[Added 6-27-2006 by Ord. No. 06-14]
B. 
Pretreatment facilities.
(1) 
Grease, oil and sand interceptors shall be provided at the owner's expense when required for the proper removal of floatable grease in excess amounts specified in Specific Pollutant Table I and for the proper removal of all flammable wastes, sand, or other harmful or noncompatible ingredients. The user shall be responsible for the maintenance of said interceptor(s) and for the removal and proper disposal of the captured materials and shall maintain records of the dates and means of disposal. All interceptors shall be in conformance with applicable plumbing code requirements.
(2) 
The proposed limit changes above were evaluated using procedures outlined in the EPA Guidance Manual on the Development and Implementation of Local Discharge Limitations Under the Pretreatment Program, Dec. 1987 (EPA Guidance Manual), and were calculated using the following background information:
(a) 
Plant information:
[1] 
3.5 mgd design flow.
[2] 
10% industrial contribution.
[3] 
Sludge flow to disposal = 0.006 mgd.
[4] 
Percent solids sludge to disposal = 4%.
(b) 
Background Domestic Wastewater Levels from Table 3-13, EPA Guidance Manual.
(c) 
Nitrification and Activated Sludge Inhibition Levels are average median values from Tables 3-4 and 3-2, EPA Guidance Manual.
(d) 
Priority Pollutant Removal Efficiencies through Primary Treatment and Activated Sludge Treatment from Tables 3-9 and 3-10 EPA Guidance Manual.
(e) 
Total phenols proposed limit was calculated using average sludge concentrations from 1994 laboratory analysis (excluding ND results).
(f) 
Recommended Quantitation Values provided from the PSSU NJPDES permit.
(g) 
The revised limits were evaluated using the following standards:
[1] 
NJDEP Class B Sludge Criteria.
[2] 
DRBC Water/Effluent Criteria.
[3] 
EPA Ambient Water Quality Criteria (EPA Guidance Manual).
[4] 
40 CFR Metal Finishing Criteria.
[5] 
Plant Design Criteria (O & M Manual).
[6] 
PSU NJPDES Permit Criteria.
[7] 
WWTP Process Inhibition Criteria (EPA Guidance Manual).
C. 
Accidental discharges.
(1) 
Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. If required by the approval authority, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or industrial user's own cost and expense. Upon request, detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the approval authority for review and comment prior to construction of the facility. All existing industrial users, where required, shall complete such a plan within 120 days of being notified by the township the need for such a plan. No industrial user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge prevention procedures have been reviewed by the approval authority. Review of such plans and operating procedures shall not relieve the industrial user from the responsibility of modifying his/her facility as necessary to meet the requirements of this chapter.
(2) 
Telephone notice. In the case of an accidental discharge of prohibited materials or other substances under this chapter, or if for any reason an industrial user does not comply or will be unable to comply with any prohibition or limitation in this chapter, the industrial user responsible for such discharge shall immediately telephone and notify the township of the incident. The notification shall include the location of discharge, type of waste, concentration and volume. Furthermore, such industrial user shall take immediate action to contain and minimize the accidental discharge to the POTW so as to prevent interference with the treatment process and/or damage to the treatment works.
(3) 
Written notice. Within five working days following an accidental or noncomplying discharge under this section, the industrial user shall submit to the approval authority a detailed written report describing the date, time and cause of the discharge, corrective action taken at the time of the discharge, and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expenses, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.
(4) 
Notice to employees. All industrial users shall develop an emergency notification procedure. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees of the responsible individual whom to notify in the event of an accidental or noncomplying discharge. Employers shall ensure that all employees who may cause such a discharge are advised of the emergency notification procedures.
D. 
Notification of hazardous waste discharges.
(1) 
All industrial users shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other), an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass constituents in the waste stream expected to be discharged during the following twelve months. All notifications must take place within 30 days of the effective date of this chapter. Industrial users who commence discharging after the effective date of this chapter shall provide the notification no later than 30 days after the discharge of the hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements.
(2) 
Industrial users are exempt from the above requirements during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges additional quantities of such hazardous waste do not require additional notification.
(3) 
In the case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing an additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of the discharge such substance within 90 days of the effective date of such regulations.
(4) 
In the case of any notification made under this rule, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
E. 
Annual public notification. The township shall annually publish in the local newspaper a list of the industrial users which, during the previous 12 months, were significantly violating [as defined by 40 CFR 308.8(f)(2)(vii)] applicable categorical pretreatment standards or other pretreatment requirements. The notification shall also summarize any enforcement actions taken against such industrial user during the same 12 months.
A. 
Existing major industrial users. Within 60 calendar days after the effective date of this chapter, or at such time as the system to which their discharge ties into the township's treatment works, whichever is later, major industrial users shall apply for an industrial discharge permit. Such application shall be made by completing a form obtained from the approval authority. The terms of such permit may be modified by the approval authority after issuance and a reasonable time provided for compliance with such modified terms. Violations of the terms of such permits are violations of this chapter.
B. 
New major industrial users. New major industrial users may not connect to treatment works of the township unless an industrial discharge permit has been obtained. Such users shall apply for an industrial discharge permit at least 120 calendar days before connecting to such treatment works. A written certification from the appropriate federal and state regulatory agencies as to whether the applicant is included within particular industrial categorical or subcategorical for purposes of industrial pretreatment standards may be obtained in the event the industry and township cannot agree to the classification.
C. 
Categorical industrial users. Within 90 calendar days of the adoption by a federal or state regulatory agency of a categorical pretreatment standard, existing industrial users subject to such standards shall submit an application for an industrial discharge permit as required under this section of this chapter. Industrial users subject to categorical pretreatment standards shall also submit a baseline monitoring report containing information required under federal and state industrial pretreatment regulations in the form required by the approval authority. The permit application and baseline monitoring report shall be reviewed as a condition of the industrial permit if the applicable categorical standards are not being met.
D. 
Permit application procedure.
(1) 
Upon receipt by the approval authority of necessary information (in the form of a completed permit application) and the permit application fee, the application shall be reviewed and a permit prepared for approval. A copy of duly issued permits shall be forwarded to the participant where the industrial user is located.
(2) 
Permit applications submitted by corporations shall be signed by a corporate officer or other authorized executive officers. An application shall include a corporate resolution granting that individual authority to make the applications on behalf of the corporation. An application submitted by an industrial user other than a corporation shall be signed by the proprietor or general partner.
E. 
Permit terms and conditions.
(1) 
Discharge permit conditions shall be expressly subject to all provisions of this chapter and all other rules, regulations, user charges and fees which are in effect or which may be established by the township.
(2) 
The following terms may be imposed by the township in the issuance of the permit:
(a) 
A limitation upon the characteristics and volume of wastes and the rate of flow permitted from the premises.
(b) 
The installation an maintenance by the permittee at his own expense of facilities or equipment for intermittent or continuous measurement of sewage, industrial wastes or other wastes discharged; detention tanks or other facilities or equipment for reducing the maximum rates of discharge; pretreatment and flow-control facilities; suitable control sampling manhole or manholes; grease, oil and sand interceptors, separators or traps.
(c) 
The submittal to and approval by the township of plans and specifications for any of the facilities or equipment required to be installed an maintained by the permittee.
(d) 
Maintenance of appropriate records of all measurements made by the permittee of sewage, industrial wastes or other wastes specified by the township and affording the township access of the aforementioned.
(e) 
The submittal to the township of periodic reports setting forth adequate date upon which the acceptability of the sewage, industrial wastes or other waste may be determined subsequent to the commencement of operation of any pretreatment or flow control facilities.
(f) 
Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, type and standards for tests an reporting schedule.
(g) 
Such other terms and conditions as may be necessary to protect the township's treatment works and to carry out the intent and provisions of this chapter.
(h) 
Requirements for notification of the township of any new introduction of wastewater constitutes or any substantial change in the volume or character of the wastewater constituents being introduced into the township's treatment works.
(i) 
Payments to cover the added costs of handling and treating the waters or wastes, which payments are not covered by existing sewer charges.
(j) 
Requirements for notification of slug discharges.
(k) 
Requirements for notification of accidental discharges.
(l) 
Payment to cover the cost of permit administration.
(m) 
Compliance schedules.
F. 
Permit duration and renewal. Industrial discharge permits shall expire at the time set forth in the permit, but not later than three years after issuance. If the permittee desires to continue discharging beyond the expiration date, reapplication shall be made not less than 60 calendar days before such expiration date. Renewal of the permit shall be contingent upon adequate compliance with the terms and conditions of the current permit.
G. 
Transfer of permits. Industrial discharge permits are not transferable. The permittee shall notify the approval authority no later than 60 days before any proposed change in ownership. The new owner is responsible for obtaining a permit by completing the appropriate application forms.
H. 
Change in conditions. An industrial user proposing to make a significant change in its discharge volume or quality shall apply for a permit modification at least 90 days before making changes.
I. 
Permit modifications. The terms and conditions of a permit may be subject to modification and change by the township during the life of the permit as limitations or requirements are modified and changed. The permittee shall be informed any proposed changes in this permit at least 30 days prior to the effective date of changes. Any change or new conditions in the permit shall include a reasonable time schedule for compliance.
A. 
Reporting requirements for industrial users
(1) 
Industrial users subject to categorical standards shall comply with reporting requirements under 403.12 including (but not limited to) baseline monitoring reports (required under § 220-29), pretreatment deadline compliance reports, and periodic compliance reports.
(2) 
Industrial users shall comply with applicable state pretreatment reporting requirements.
(3) 
Additional reporting requirements required by an industrial discharge permit, such as:
(a) 
Quarterly monitoring reports.
(b) 
Compliance schedules, if required, with monthly progress reports.
(c) 
Enforcement/compliance reporting deadlines, if required.
(4) 
Noncategorical significant industrial users must submit to the approval authority, at least semiannually (on dates specified by the approval authority) a description of the nature, concentration and flow of the pollutants required to be reported. The report shall be based on sampling and analysis may be performed by the approval authority in lieu of the significant noncategorical industrial user.
B. 
Records and monitoring.
(1) 
Industrial users discharging or proposing to discharge wastewaters to the treatment works shall maintain such records of production and related factors, effluent flow, and pollutant amounts or concentration necessary to demonstrate compliance with this chapter and with state and federal pretreatment standards and requirements.
(2) 
Such records shall be made available to the township, upon request by the approval authority. A summary of such data indicating the industrial user's compliance with this chapter shall be prepared and submitted per permit requirements to the approval authority. Records shall be retained for a minimum of five years or throughout the course of any pertinent litigation.
(3) 
Industrial users shall install (at his/her own cost) monitoring equipment approved by the township to facilitate the accurate observation, sampling, and measurement of wastes as required by the permit. Such equipment shall be in working order and kept safe and accessible at all times. Alternatively, the township may choose to install such equipment at its expense.
(4) 
Whether constructed on public or private property, such monitoring facilities shall be constructed according to requirements of the township and other applicable construction standards and specifications. Plans and specifications for such work shall be submitted to the approval authority for review and comment before construction.
C. 
Inspection, sampling and analysis.
(1) 
Representative sampling point. Industrial users proposing to connect to, or continue discharging to, any part of the township's treatment works must make available, upon request of the approval authority, a sampling point representative of the discharge. Such sampling point shall be approved by the approval authority and shall be located on public property, if requested by the approval authority. The cost for installing and maintaining such representative sampling point shall be borne by the industrial user. Access to the point shall be available at all times to the township and participants, for purposes of conducting sampling, inspections, compliance monitoring, and metering operations.
(2) 
Compliance determination. Compliance determination by the approval authority, with respect to § 220-27, Prohibitions and limitations on wastewater discharges, shall be made on the basis of either instantaneous grab samples or representative composite samples of wastewater, or as otherwise may be determined by the township.
(3) 
Analysis of industrial wastewater. Laboratory analysis of industrial wastewater samples shall be performed in accordance with an approved test procedure in a laboratory certified by NJDEP to perform said analysis.
(4) 
Sampling frequency. Sampling of industrial wastewater for the purpose of compliance determination with respect to § 220-27, Prohibitions and limitations on wastewater discharges, will be done at such intervals as the approval authority may designate. However, it is the intention of the approval authority to conduct compliance sampling and inspection or to cause such sampling and inspection or to cause such sampling and inspection to be conducted for all permittees at least once each year.
D. 
Confidential information and public access.
(1) 
Information and data on industrial users obtained from reports, questionnaires, permit applications, monitoring programs, inspection and other sources shall be available to the public and governmental agencies without restriction, unless the industrial users request confidential treatment and demonstrates to the satisfaction of the approval authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets. Public access shall also be governed by N.J.S.A. 47:1A-2. Wastewater constituents and characteristics, however, shall not be recognized as confidential information.
(2) 
Nonconfidential industrial user information on file with the township may be obtained by interested parties (including members of the public and government agencies) by contacting the approval authority to arrange a time and place for review and copying of available documents. The cost of copying shall be the responsibility of such interested party.
(3) 
When information classified by the approval authority as confidential is requested by the EPA or the NJDEP for purposes related to this chapter, the NJPDES or the state or federal pretreatment programs, the township shall refer such requests to the industrial user that furnished the information in question. Confidential information shall be kept in a separate, locked file accessible only to the approval authority or its designee.
A. 
Harmful contributions.
(1) 
The township may suspend wastewater treatment service when necessary, in the opinion of the approval authority, to stop an actual or threatened discharge which presents or may present an imminent and substantial endangerment to the health or welfare of persons or the environment, or cause interference to the POTW.
(2) 
A person notified of the suspension of wastewater treatment service shall immediately stop or eliminate the contribution of wastewater. If such person fails to comply with the suspension notification, the township shall take necessary steps including immediate severance of the sewer connection pursuant to N.J.S.A. 58:11-56, to prevent or minimize damage to treatment works or endangerment to individuals or the environment. The township may reinstate wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement contribution and the measures taken to prevent any future occurrence shall be submitted to the township within 15 calendar days of the date of occurrence.
B. 
Termination of services. In addition to termination under Subsection A, any discharger violating the following conditions, or applicable state statutes or regulations, may have service terminated in accordance with N.J.S.A. 58:11-56.
(1) 
Failure of an industrial user to accurately report the wastewater constituents and characteristics of his discharge.
(2) 
Failure of the industrial user to report significant changes in operations or wastewater constituents and characteristics.
(3) 
Refusal of reasonable access to the discharger's premises for the purpose of inspection or monitoring.
(4) 
A significant violation of this chapter.
C. 
Legal action.
(1) 
Penalties. A person violating any provision of this chapter (including pretreatment standards), any provision of the Pretreatment Standards for Sewerage, N.J.S.A. 58:11-49 et seq., or any regulations promulgated thereunder, shall be liable for a penalty of not more than $50,000 to be collected in civil action by a summary proceeding under the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.) or in any case before court of competent jurisdiction. If the violation is of continuing nature, each day shall constitute a separate and distinct violation.
(2) 
Injunctive relief. If a person violates any provision of this chapter, any provision of the Pretreatment Standards for Sewage, etc., N.J.S.A. 58:11-49 et seq., or any regulations promulgated thereunder, the township, the NJDEP or the appropriate participant may institute a civil action in the Superior Court for injunctive relief.
D. 
Falsification of information. Any person who knowingly makes a false statement, representation or certification in any application, record, or other document filed or required to be maintained under this chapter, any provision of the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., or any regulations promulgated thereunder, or who falsified, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained pursuant to the state act, shall be subject to the penalties as defined in the statute.
E. 
Notification of violation and show-cause hearing.
(1) 
Whenever the approval authority finds that any person has violated or is violating this chapter, the approval authority may serve upon 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. Such notice of violation is not a condition precedent to legal action under Subsection C of this section.
(2) 
If the violation is not corrected by timely compliance, the approval authority may order any person who causes, or allows an unauthorized discharge, or show why service should not be terminated. A notice shall be served on the offending party to show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipts requested) at least 10 days before the hearing. Services may be made on any agent or officer of a corporation. Such show cause hearing is not a condition precedent to legal action under Subsection C of this section.
(3) 
A hearing officer designated by the approval authority shall conduct the hearing and take the evidence. Such hearing officer is empowered to:
(a) 
Issue notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing.
(b) 
Transmit to the approval authority a report of the evidence an hearing, including transcriptions/-records and other evidence, together with recommendations for action thereon.
(4) 
At any public hearing, testimony taken must be under oath and recorded either by the hearing officer in summary manner or stenographically. In the latter case, the transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefore.
(5) 
After the hearing officer has reviewed the evidence, he/she may recommend that the approval authority issue an order to the party responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated, and such further orders and directives are necessary and appropriate.
A. 
The township may adopt reasonable charges and fees which may include:
(1) 
Fees for reviewing accidental discharge prevention procedures and construction.
(2) 
Specific fees for permit application:
(a) 
$500 per year permitted industrial users discharging greater than 25,000 gallons per day (gpd), and all categorical permitted industrial users.
(b) 
$250 per year for permitted industrial user discharging less than 25,000 gpd.
(c) 
$250 per year for case management (inspections, reports, and unannounced samples) of conditionally exempt users.
(3) 
Fees for consistent removal of pollutants otherwise subject to federal pretreatment standards.
(4) 
Other fees as the township may deem necessary to carry out the requirements contained herein.
B. 
These fees relate solely to the matters covered by this chapter and are separate from other fees chargeable by the township.