A. 
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 466 et seq.
BOD (denoting biochemical oxygen demand)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C, expressed in milligrams per liter.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
ENGINEER
The Sanitary Engineer of the City of Trenton or his/her authorized deputy, agent or representative.
EPA
Denotes the United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL USER
A user of the sewage works discharging sewage containing industrial wastes.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
INTERFERENCE
(1) 
Inhibiting or disrupting the operation of sewage works so as to contribute to, cause or increase a violation of any requirements of the sewage treatment plant's state or federal permit; or
(2) 
Discharging industrial wastes at flow rates or with pollutants in excess of that approved by the Engineer; or
(3) 
Preventing the approved use or disposal of sludge produced by the sewage treatment plant in accordance with § 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, 42 U.S.C. § 7401 et seq., the Federal Toxic Substances Control Act. 15 U.S.C. § 2501 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.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
Any regulation containing discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act which applies to a specific category of users.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
A permit issued pursuant to Section 402 of the Act.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES) PERMIT
A permit issued pursuant to the State Act.
NEW SOURCE
Any source, the construction of which is commenced after the publication of proposed regulations prescribed in Section 307(c), 33 U.S.C. § 1317, Categorical Pretreatment Standards, which will be applicable to such source, if such standard is thereafter promulgated within 120 days of the proposal in the Federal Register. Where the standard is promulgated later than 120 days after such proposal, a "new source" means any such source, the construction of which is commenced after the date of promulgation of the standard.
NJDEP
Denotes the State of New Jersey Department of Environmental Protection.
PASS-THROUGH
The passage of pollutants through the sewage treatment plant into the receiving waters in quantities or concentrations which are a cause of, significantly contribute to, or increase a violation of any requirement of the sewage treatment plant's NPDES and/or NJPDES permit.
PERSON
Any individual, firm, company, association, society, corporation or group, or governmental entity, or their representatives, agents or assignors.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
PRETREATMENT
The application of physical, chemical or biological processes to reduce the amount of pollutants in, or alter the nature of the polluting properties of, sewage prior to discharging such sewage into the sewage works.
PRETREATMENT STANDARDS
All applicable federal, state or local rules and regulations related to pretreatment, other than National Categorical Pretreatment Standards, imposed on an industrial user.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and is controlled by a public authority.
SANITARY SEWAGE
Wash water, culinary wastes and liquid waste containing human excreta, food residues and similar matter (synonymous with "domestic waste" and "sanitary waste").
SANITARY SEWER
A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground- , surface and stormwaters as may be present (synonymous with "waste" and "wastewater").
SEWAGE TREATMENT PLANT
Any arrangements of devices and structures used for treating sewage and owned by the City of Trenton.
SEWAGE WORKS
All facilities owned by the City of Trenton for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SLUDGE
Any discharge of water, sewage or industrial waste which in connection of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation.
STANDARD LABORATORY PROCEDURES
Analytical test procedures approved under EPA Test Procedures for the Analysis of Pollutants, 40 CFR Part 136, or as approved by the NJDEP or the Engineer.
STATE ACT
The New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1, et seq.
STORM DRAIN (sometimes termed storm sewer)
A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering under standard laboratory procedure.
TOXIC OR TOXIC POLLUTANT
Includes but is not limited to those pollutants designated under section 307 of the Act or section 44 of the State Act, and such other pollutants as may be so designated herein. (Synonymous with Toxic Substances and Toxic or Poisonous Substances).
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
B. 
"Shall" is mandatory ; "may" is permissive.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters into any sanitary sewer.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Engineer. Industrial cooling water or unpolluted process waters may be discharged on approval of the Engineer to a storm sewer, combined sewer or natural outlet.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers.
A. 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
B. 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two milligrams per liter as CN in the wastes as discharged to the public sewer.
C. 
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the sewage works.
D. 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers and other like materials, either whole or ground by garbage grinders.
A. 
No person shall discharge or cause to be discharged any substance, materials, water or wastes which:
(1) 
Contain prohibited materials or substances as specified herein, except upon approval of the Engineer.
(2) 
Are not in conformance with the Engineer's written authorization.
(3) 
Causes or would cause the influent at the sewage treatment plant to exceed the limitations prescribed in § 309-29B(5).
B. 
The substances prohibited are:
(1) 
Any liquid or vapor having a temperature higher than 150º F. (65º C.) or having heat in an amount which will inhibit biological activity in the sewage treatment plant or cause the temperature of the sewage treatment plant influent sewage to exceed 104º F. (40º C.).
(2) 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32º and 150º F. (0° and 65º C.).
(3) 
Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.
(4) 
Any waters or wastes containing objectionable or toxic substances in sufficient quantity, either singly or by interaction with other pollutants, to result in pass-through, to cause interference with the POTW treatment plant, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters of the POTW or to exceed the limitations set forth by EPA pursuant to Section 307 of the Act, or the NJDEP pursuant to Section 4 of the State Act, or as set forth in § 309-39B(5), or wastes exerting an excessive chlorine requirement, to the degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Engineer for such materials.
(5) 
Average quantities.
(a) 
Materials such as the following shall be limited to the following average quantities in the sewage as it arrives at the treatment plant:
Substance
Milligrams per Liter
Arsenic
0.1
Barium
2.0
Cadmium
0.02
Chromium (hexavalent)
0.10
Chromium (total)
1.2
Copper
0.20
Iron
5.0
Lead
0.25
Mercury
0.01
Nickel
0.40
Phenol
0.90
Selenium
0.02
Silver
6.0
Zinc
0.80
(b) 
At no time shall the hourly concentration exceed three times the average concentration, with contributions from individual establishments subject to control in volume and concentration by the Engineer.
(6) 
Any waters or wastes containing phenol or other taste- or odor-producing substances in concentrations exceeding limits which may be established by the Engineer as necessary after treatment of the composite sewage to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
(7) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Engineer in compliance with applicable state or federal regulations.
(8) 
Any waters or wastes having a pH in excess of 9.5.
(9) 
Materials which exert or cause:
(a) 
Unusual concentration of inert suspended solids such as but not limited to fuller's earth, lime slurries and lime residues, or of dissolved solids such as, but not limited to sodium chloride and sodium sulfate.
(b) 
Excessive discoloration such as but not limited to dye wastes and vegetable tanning solutions.
(c) 
Unusual BOD (chemical oxygen demand) or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(d) 
Unusual volume of flow or concentration of wastes constituting sludge, as defined herein.
(10) 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or which are amenable to treatment only to the degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
The disposal into the public sewer system of any pollutant by any person shall comply with the National Categorical Pretreatment Standards and pretreatment standards applicable to the pollutant or to waste discharge.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Engineer and shall be located as to be readily and easily accessible for cleaning and inspection.
Where pretreatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense.
When required by the Engineer, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole located at a point on the sewer following all waste discharges together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Engineer. The installation shall be by the owner at his/her expense and shall be maintained by him/her, so as to be safe and accessible at all times.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with standard laboratory procedures, and shall be determined at the control manhole provided or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls whereas pH's are determined from periodic grab samples.
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City of Trenton and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City of Trenton for treatment, subject to payment therefor by the industrial concern.
A. 
Authorization required. No industrial user shall discharge or modify the discharge of industrial waste without first having obtained written authorization from the Engineer. All applications for authorization shall be submitted at least 90 days prior to the initiation of the new or modified discharge.
B. 
Existing users. Existing industrial users subject to a promulgated or a promulgated revision of a National Categorical Pretreatment Standard shall submit an application for authorization within 90 days of the promulgation or of adoption of this subsection or of NJDEP approval of City's industrial pretreatment program, whichever is later.
C. 
Application for authorization.
(1) 
The application for authorization shall include:
(a) 
All information required by the Engineer.
(b) 
All information required to complete a questionnaire or other form determined to be appropriate by the Engineer.
(c) 
All information necessary and appropriate to determine compliance with National Categorical Pretreatment Standards and pretreatment standards, including information necessary to determine classification under such standard.
(d) 
Current sampling and analysis data descriptive of each of the industrial wastes to be discharged.
(e) 
All other information necessary to the determination of compliance with this subsection.
(f) 
Plans, specifications, design data and other information deemed pertinent by the Engineer.
(2) 
Where pretreatment or equalization of wastewater flows to discharge to the sewer works is required, plans, operating procedures, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall be submitted. Submission and/or approval of such information shall not exempt the user from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow-control facilities or method of operation which could affect the discharge shall not be made without due notice to and prior approval by the Engineer.
D. 
Statement of compliance. Existing industrial users shall submit a statement and supporting data regarding whether or not the required pretreatment is being met and, if not, how it will be met by process modification, additional operation and maintenance (O&M) or additional pretreatment.
E. 
Compliance with standards. If process modification, additional pretreatment or additional O&M will be required to meet the applicable standards, the user shall submit the shortest compliance schedule. The completion date in this schedule shall not be later than the compliance date established for the applicable standards. The following conditions shall apply to the compliance schedule:
(1) 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of facilities required for the user to meet the applicable standards (e.g., starting planning and design, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
(2) 
No increment referred to in Subsection E(1) above shall exceed 270 days.
(3) 
Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Engineer including, as a minimum, whether or not it complied with the increment or progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than 270 days elapse between such progress reports to the Engineer.
F. 
Action on application by Engineer. Upon receipt of a complete application, the Engineer, after review, may reject the discharge of the waste, or may accept the discharge subject to conditions, such as, but not be limited to:
(1) 
Limits on the average and peak wastewater constituents and characteristics, including mass limitations where appropriate.
(2) 
Limits on average and peak flow rates and times of discharge and/or requirements for flow regulation and equalization.
(3) 
Requirements for installation, maintenance and operation of inspection, metering and sampling facilities.
(4) 
Specifications for user self-monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting contents and schedules.
(5) 
Compliance schedules.
(6) 
Requirements for submission of technical reports and/or discharge reports.
(7) 
Requirements for maintaining and retaining plant records relating to wastewater discharge, as specified by the Engineer, the NJDEP or EPA, and affording access thereto.
(8) 
Requirements for notifying the Engineer of any new introduction of wastewater constituents or of any substantial change in volume or character of wastewater constituents being introduced into the sewage works.
(9) 
Other conditions deemed appropriate by the Engineer to ensure compliance with this article and other regulations.
(10) 
Payments, under the provisions of § 309-35 of this article, to cover added cost of handling and treating the wastes, which costs are not covered by existing taxes or sewer charges.
G. 
Reapplication. Where the Engineer issued such authorization, (s)he may require reapplication:
(1) 
On an annual basis; or
(2) 
At a specified time period, not to exceed five years. Such application shall be submitted at least 90 days prior to expiration of the existing authorization. The terms and conditions of the authorization may be subject to modification by the Engineer as limitations or requirements are modified or other just cause exists.
H. 
Changes in authorization. The user shall be informed of any proposed changes in his/her authorization, and any changes or new conditions shall include a reasonable time schedule for compliance.
To assure continued compliance with this article, periodic compliance reports shall be submitted to the Engineer. Any user subject to the pretreatment standards or National Categorical Pretreatment Standards, after the compliance date of such standard or, in the case of a new source, after commencement of the discharge, shall submit to the Engineer during the months of July and December, unless required more frequently in the applicable standard or by Engineer, a report indicating the nature and concentration of pollutants in the effluent which are limited by such standards. In addition, this report shall include a record of all flows, pollutant concentrations and mass, which during the reporting period exceeded the flows and concentrations, mass or other conditions permitted. At the discretion of the Engineer and in consideration of such factors as seasonal operations, holidays, budget cycles, etc., the Engineer may elect or agree to alter the months during which the above reports are to be submitted by each user.
A. 
Information to be available. Information and data on a user obtained from reports, questionnaires, applications, permits, monitoring programs and from inspection shall be available to the public or governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. However, information on wastewater volume, constituents and character will not be recognized as confidential information.
B. 
Confidentially of trade secrets. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public. When information accepted by the City as confidential is requested by the EPA, NJDEP or other governmental agencies for uses related to this article, NPDES or NJPDES permits, federal pretreatment programs, etc., the City shall refer these requests to the user who furnished the information in question.
C. 
Inspection by public. Nonconfidential information will be made available for inspection by the public at the office of the Engineer during normal business hours of the office. Requests for such review are to be made in writing in advance and appointments will be required. There will be a charge for copies at a cost determined by the City.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
A. 
Responsibility of user. Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent an accidental discharge of prohibited materials shall be provided and maintained at the owner's or industrial user's own cost and expense.
B. 
Submission of plans; time for compliance. Upon request of the Engineer, detailed plans showing facilities and operating procedures to provide this protection shall be submitted with an implementation schedule to the Engineer for review and approval prior to construction of the facility. Existing industrial users, where required by the Engineer, shall submit such a plan within 180 days after the effective date of this article, and implementation shall be completed within the time schedule approved by the Engineer.
C. 
Time for compliance where plans not required. Industrial users not required to submit detailed plans shall implement accidental discharge prevention procedures within 120 days after the effective date of this article. Absence of such requirement, request or notification by the Engineer or 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 article.
D. 
Notification of accidental discharge or noncompliance; action required. In the case of an accidental or noncompliance discharge of prohibited materials or other substances regulated by this article, or, if for any reason an industrial user does not comply, or will be unable to comply, with any prohibition or limitation in this article, the industrial user responsible for such discharge shall immediately telephone and notify the sewage treatment plant of the incident. Notification shall include location of discharge, type of waste, concentration and volume and any corrective actions taken and to be taken. Furthermore, such industrial user shall take immediate action to contain and minimize the accidental or noncompliance discharge to the sewage works so as to prevent interference with the treatment process and/or damage to the sewage works.
E. 
Report on discharge; liability. Within five working days following an accidental or noncomplying discharge, the industrial user shall submit to the Engineer a detailed written report describing date, time and cause of the discharge, quantity and characteristics of the discharge and corrective action taken at the time of the discharge, and measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the sewage works, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fine, civil penalties, or other liability which may be imposed by this article or other applicable law.
F. 
Emergency notification procedures. 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 to notify in event of an accidental or noncompliance discharge. Employers shall insure that all employees who may cause an accidental or noncompliance discharge to occur are advised of the emergency notification procedure.
A. 
Inspection. The Engineer and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Engineer or his/her representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
B. 
Safety rules. While performing the necessary work on private properties referred to in Subsection A, the Engineer or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company.
A. 
Notice of violation; corrections; severance of connection. Any person found to be violating any provisions of this article, except §§  309-39 and 309-40, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender, within the period of time stated in such notice, shall permanently abate all violations. The Engineer may order immediate suspension of a discharge or cause immediate severance of the sewer connection, without such notification, when such suspension or severance is necessary, in the opinion of the Engineer, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, or causes or may cause interference or pass-through. Violation of this section may result in termination of the disposal authorization.
B. 
Fines. Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be punished as provided in Chapter 1, Article III, General Penalty, for each violation. Each day in which such violation shall continue shall be deemed a separate offense.
C. 
Liability for damages. Any person violating any of the provisions of this article shall become liable to the City for any expense, loss or damage occasioned by the City by reason of such violation.
D. 
Publication of list of violators. The City shall annually publish in the newspaper a list of the users which were significant violators, as defined by 40 CFR 403.8(F)(2)(vii), of any pretreatment standards during the 12 previous months. The notification shall also summarize any actions taken against such violators during the same 12 months. All records relating to compliance with applicable standards shall be made available to officials of the EPA or NJDEP upon request.
The Chief Sanitary Engineer shall promulgate such rules, regulations, guidelines and standards as may be necessary to assure proper administration and effectuation of this article.