[Added 11-12-1985 by Ord. No. 37-1985]
The Rules and Regulations of the Joint Meeting
adopted on December 20, 1984, and as same are modified from time to
time, are hereby adopted as if fully set forth herein as rules and
regulations governing the municipal sewer facilities as well as the
Joint Meeting facilities.
A.
Whenever the Joint Meeting finds that any person (as
defined in said rules and regulations) has violated or is violating
this article or any prohibition, limitation or requirement contained
herein, the Joint Meeting may serve upon such 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.
B.
If the violation is not corrected by timely compliance,
the Joint Meeting may order any person who causes or allows an unauthorized
discharge to show cause before the Joint Meeting and City of East
Orange why service should not be terminated. A notice shall be served
on the offending party, specifying the time and place of a hearing
to be held by the Joint Meeting and City of East Orange regarding
the violation and directing the offending party to show cause before
the Joint Meeting and City of East Orange why an order should not
be made directing the termination of services. The notice of the hearing
shall be served personally or by registered or certified mail, return
receipt requested, at least 10 days before the hearing.
C.
The Joint Meeting and City of East Orange may itself
conduct the hearing and take the evidence or may designate any of
its members or any officer or employee to:
(1)
Issue, in the name of the Joint Meeting and City of
East Orange, notice of the hearing, requesting the attendance and
testimony of witnesses and the production of evidence relevant to
any matter involved in any such hearing.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including
transcripts/records and other evidence, together with recommendations
to the Joint Meeting and City of East Orange for action thereof.
D.
At any public hearing, testimony taken before the
Joint Meeting and City of East Orange or any person designated by
it must be under oath and recorded either by the hearing officer in
a summary manner or stenographically. In the latter case, the transcript,
so recorded, will be made available to any member of the public upon
payment of the usual charges therefor. After the Joint Meeting and
City of East Orange have reviewed the evidence, they may 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
are properly operated, and such further orders and directives as are
necessary and appropriate.
E.
Any discharge in violation of the substantive provisions
of this article or an order of the Joint Meeting shall be considered
grounds for legal action. If any person discharges sewage, industrial
wastes or other wastes into the treatment facilities contrary to the
substantive provisions of this article or any order of the Joint Meeting,
the Executive Director of the Joint Meeting shall commence an action
for injunctive relief and appropriate legal damages in the Superior
Court of the respective county.
F.
The Joint Meeting and/or City of East Orange may suspend
the wastewater treatment service (and/or the nondomestic wastewater
discharge permit) when such suspension is necessary, in the opinion
of the Joint Meeting and/or City of East Orange, in order 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 to the environment, causes interference to the publicly owned treatment
works or causes the Joint Meeting and/or City of East Orange to violate
any condition of its NPDES permit.
G.
Any person notified of a suspension of the wastewater
treatment service (and/or the nondomestic wastewater discharge permit)
shall immediately stop or eliminate the contribution. In the event
of a failure of the person to comply voluntarily with the suspension
order, the Joint Meeting and/or City of East Orange shall take such
steps as are deemed necessary, including immediate severance of the
sewer connection, to prevent or minimize damage to the publicly owned
treatment works system or endangerment to any individuals. The Joint
Meeting and/or City of East Orange shall reinstate (the nondomestic
wastewater discharge permit and/or) the wastewater treatment service
upon proof of the elimination of the noncomplying discharge. A detailed
written statement submitted by the discharger describing the causes
of the harmful contribution and the measures taken to prevent any
future occurrence shall be submitted to the Joint Meeting and/or City
of East Orange within 15 days of the date of occurrence.
A.
Any person who is found to have violated an order
of the Joint Meeting and/or the City of East Orange or who willfully
or negligently fails to comply with any provision of this article
and the orders, rules and regulations issued hereunder shall be subject
to a fine not to exceed $2,000, 90 days' imprisonment and/or 90 days
of community service for each offense. Each day on which a violation
shall occur or continue shall be deemed a separate and distinct offense.[1]
B.
In addition to the penalties provided herein, the
Joint Meeting and City of East Orange may recover reasonable attorneys'
fees, court costs, court reporters' fees and other expenses of litigation
by appropriate suit at law against the person(s) found to have violated
this article or the orders, rules and regulations issued hereunder.
C.
In addition, also, to the penalties previously provided
herein, the Joint Meeting and its tributary municipalities may recover
reasonable costs expended to rectify damages to its treatment facilities
and tributary sewers as well as to rectify treatment process problems
caused as a result of violations of this article.
