[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 12-28-1971 by Ord.
No. 71-17. Amendments noted where applicable.]
A.
The purpose of this chapter is to provide for equitable charges to
industrial users based upon quantity and strength of wastewater discharge
in compliance with Federal Regulation 18 CFR 601.34, dated July 2,
1970.
B.
INDUSTRIAL WASTES
For the purposes of this chapter, the following terms shall have
the meanings indicated:
[Added 6-24-1975 by Ord.
No. 75-14[1]]
Liquid or other wastes, discharged into the sanitary sewerage
system of the Borough of Kenilworth, resulting from any process of
industry, manufacture, trade or business or from the development or
processing of any natural resource or material.
[1]
Editor's Note: Ordinance No. 75-14 provided as follows:
"This ordinance shall take effect retroactive to January 1, 1975.
C.
Notwithstanding any other provision of this chapter, there shall
be no charge based on flow alone where the annual flow is less than
500,000 gallons.
[Added 6-24-1975 by Ord.
No. 75-14]
[Amended 7-11-1978 by Ord. No. 78-23]
No industrial liquid waste shall be discharged into the sanitary
sewer system of the Borough of Kenilworth unless it is amenable to
secondary or biological treatment processes. No toxic materials or
wastes containing explosives or flammable substances which would be
detrimental to the collection system, including pumping stations and
all treatment plant facilities and equipment or treatment processes,
shall be permitted to be discharged into the collection system.
[Amended 7-11-1978 by Ord. No. 78-23]
Every industry proposing to connect with the Borough of Kenilworth
sewer system and to discharge industrial waste into same shall submit
a complete chemical analysis of the waste, including biochemical oxygen
demand (BOD), chemical oxygen demand (COD), suspended solids, chlorine
demand, phosphates, nitrates and other waste characteristics required
by the regulatory agencies and the New Jersey Department of Environmental
Protection.
[Amended 7-11-1978 by Ord. No. 78-23]
Every industry connected to the Borough of Kenilworth system
and discharging industrial wastes shall pay an annual charge to the
Borough of Kenilworth to cover the cost of treatment of such industrial
waste.
[1]
Editor's Note: Former § 116-5, Basis for payment,
was repealed 7-11-1978 by Ord. No. 78-23.
[Amended 7-11-1978 by Ord. No. 78-23]
The Borough of Kenilworth reserves the right to include additional
charges for industrial waste characteristics as may be imposed by
the Sewerage Authority on the Borough of Kenilworth or to modify the
rates based upon actual cost to the Borough of Kenilworth.
[Amended 1-27-1976 by Ord. No. 76-2; 6-14-1977 by Ord. No. 77-23; 7-11-1978 by Ord. No. 78-23[1]; 9-11-1979 by Ord.
No. 79-19]
The annual rate schedule for industrial wastes shall be as provided in Chapter 91, Fees.
[1]
Editor's Note: Ordinance No. 78-23 provided that the
operation of this ordinance be retroactive to January 1, 1978.
[Amended 7-11-1978 by Ord. No. 78-23]
The Borough of Kenilworth shall undertake periodic sampling
and testing of the waste to determine both volume and strength or
waste characteristics. The owner shall reimburse the Borough for all
costs of sampling and testing.
[Amended 7-11-1978 by Ord. No. 78-23]
The volume of sewage and/or industrial waste from each industrial
establishment may be determined by meters paid for and installed and
maintained by the owner, actual water meter records and/or private
well meter records combined with municipal water records or from estimates
or measurements made by the Borough of Kenilworth consulting engineer.
[Amended 7-11-1978 by Ord. No. 78-23]
A.
The characteristics of the industrial waste shall be determined from
actual sampling or other approved means and shall be based upon analyses
made in accordance with the procedures outlined in the latest edition
of Standard Methods for the Examination of Water and Wastewater published
by the American Public Health Association. The Borough of Kenilworth
may require the installation of automatic samplers at the cost of
the owner to obtain representative samples during a calendar quarter
or as may be required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Additional classifications of waste characteristics or modifications
of the rate schedule may be established by the Borough of Kenilworth
from time to time as deemed necessary.
[Amended 7-11-1978 by Ord. No. 78-23]
The Borough of Kenilworth will accept industrial wastes into
the sanitary sewerage system upon execution of a formal, written agreement
and under and subject to the provisions appearing in said agreement
and the rules, regulations and rates stated herein. The agreement
will set out in detail the characteristics of the wastes, the flow
conditions which shall govern and the conditions with respect to the
physical connection or connections. It will be the policy of the Borough
of Kenilworth to consider each application on its own merits and to
establish specific conditions applicable to the particular situation
for each agreement. No connection shall be made prior to execution
of the agreement.
[Amended 7-11-1978 by Ord. No. 78-23]
Prior to approving an application for a connection involving
the acceptance of industrial liquid wastes, the applicant shall submit
complete data with respect to the following:
A.
Average, maximum and minimum rates of flow to be expected daily and
seasonally.
B.
Flow diagram, showing points of applications of chemicals, type and
quantity of each chemical used per day and per shift, a schedule of
operations, expected chemical characteristics of the untreated wastes
and the point or points of connection to the sewerage system. The
normal situation will require the separation of, and separate points
of connection for, domestic sewage and industrial wastes from each
industrial establishment.
C.
Chemical analyses and waste characteristics of liquid industrial
waste to be discharged into system.
Wastes containing the following substances or possessing the
characteristics listed below will not be accepted:
A.
Any vapors or steam.
B.
Any fluids with temperature in excess of 150° F.
C.
Any fluid wastes which contain in excess of 100 parts per million
of fat, oil or grease, either vegetable or mineral.
D.
Any volatile, explosive or flammable substances such as benzene,
gasoline, naphtha, fuel oil or similar substances.
E.
Any solid or viscous matter which may contain any ashes, cinders,
sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, paunch manure, hair or similar substances.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
Any fluid wastes having a pH value less than 5.5 or in excess of
9.0 or possessing other properties capable of causing damage or hazard
to sewers, structures, treatment process, equipment or operating personnel.
G.
Any wastes containing toxic or poisonous substances in sufficient
concentration to interfere with the sewage treatment process or to
cause injury to animals or persons or to create an unacceptable condition
in the receiving streams.
H.
Any noxious or malodorous gas or substance which causes a public
nuisance.
The Borough of Kenilworth reserves the right to require preliminary
treatment where the chemical characteristics of the proposed industrial
wastes, in the opinion of the Borough of Kenilworth or in the opinion
of the State Department of Environmental Protection or the local Board
of Health, make such preliminary treatment desirable or mandatory.
Some of the characteristics which may dictate preliminary treatment
are listed below:
A.
Five-day BOD in excess of 350 milligrams per liter.
B.
Suspended solids in excess of 350 milligrams per liter.
C.
Presence of arsenic, barium, cadmium, chloride, copper, cyanide,
fluoride, iron, lead, magnesium, manganese, nickel, nitrate, selenium,
sulfate, zinc or pH values outside the acceptable limits.
D.
pH below or above the allowable limits.
E.
A chlorine demand in excess of 30 milligrams per liter.
In such instances where it is agreed that the industrial waste
will be received following preliminary treatment, drawings and specifications
shall be submitted for approval showing all pertinent details of the
construction proposed to accomplish the preliminary treatment, to
include details of the indicator-record-register type of fluid meter
and housing to be used to meter the flow of industrial wastes and
also details of the control manhole to be constructed on the industrial
wastes connection within the sidewalk area. The control manhole shall
be provided with adequate access manhole covers of approved type,
through which access shall be possible to the Borough of Kenilworth
personnel at all times. Drawings, specifications, reports, etc., shall
be submitted in quadruplicate and shall be prepared by a registered
professional engineer.
Where preliminary treatment facilities are required, they shall
be provided and continuously maintained in an effectively operating
condition at all times at the expense of the owner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Each owner connected shall be responsible for maintaining a
quality of effluent from the premises which conforms to the provisions
established in the owner's agreement with the Borough of Kenilworth.
Sampling and analysis shall be done to conform with accepted practice
and in accordance with the current edition of Standard Methods for
Examination of Water and Wastewater published by the American Public
Health Association.
The cost of preparing and submitting this data for consideration
by the Borough of Kenilworth shall be borne by the industry; likewise,
the cost of sampling and analysis to determine compliance with the
terms of the agreement shall be borne by the owner although conducted
by the Borough of Kenilworth or its duly authorized representative.
Industries permitted to connect to Borough of Kenilworth sewers,
even though not initially required to provide preliminary treatment,
may be required to provide a control manhole and or meter as described
above.
Where the owner provides its own water supply, entirely separate
from that supplied by the Borough of Kenilworth, or provides from
its own sources a portion of the water consumed on the premises, which
eventually finds its way into the sewerage system of the Borough of
Kenilworth, all aforementioned provisions will apply. This does not
relieve the owner from the requirement to furnish, install and maintain
a meter of the indicator-register-record type to measure the discharge
of industrial wastes, as provided herein. All costs of furnishing,
installing and maintaining the industrial waste flow meter will be
borne by the owner.
The Borough of Kenilworth representative shall have access at
reasonable times to industrial establishments and to any meters used
to determine waste volumes discharged into the sewer system or excluded
from the sewer system.
Under no circumstances will any of the following be connected
to the sanitary sewers, directly or indirectly:
A.
Floor drain, area drain or yard drain.
B.
Rain conductor or downspout.
C.
Grease pit.
D.
Air-conditioning equipment.
E.
Stormwater inlets or catch basin.
F.
Drains from a piece of equipment or manufacturing process, except
when specifically authorized under the provisions of these rules and
regulations.
A separate connection shall be provided for domestic sewage
and the waste shall not be commingled with the industrial waste within
the plant. The Borough of Kenilworth shall determine the equivalent
household connections from the discharge of domestic sewage from each
industrial plant. This shall be determined by dividing the average
daily domestic sewage flow by 300 gallons per day, the latter representing
the average household domestic sewage discharge. The annual rate for
discharge of domestic sewage into the Borough of Kenilworth sewer
system shall be computed by multiplying the number of equivalent units,
as determined by the formula above, times the annual sewer charge
applied to each household unit.
A.
The rates and charges fixed by the Borough of Kenilworth shall be
in lieu of and in substitution for any other sewer charges heretofore
made by any other agency for such quarter or any succeeding period.
B.
Bills for said charges and rents shall be rendered to the owner of
each premises quarterly in advance as soon as may be practicable after
the beginning of each quarter and may be rendered with the tax bills
covering real estate, and said charges and rents shall become due
and payable as herein prescribed.
C.
Said charges and rents shall draw interest and be a lien upon the
premises until paid, and the Borough of Kenilworth shall have and
exercise the remedies for the collection thereof with interest, costs
and penalties as it has by law for the collection of taxes upon real
estate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Each owner of premises located on streets in which sewers are
available shall connect all sewerage facilities on said premises to
the sewer system immediately upon such sewerage facilities becoming
available and use said sewerage facilities at all times for sewage
disposal therefrom.
No alteration or repair to any part of the sewer system or any
connection thereto shall be made except by duly authorized representatives
or employees of the Borough of Kenilworth without application for
such having been made to the Borough of Kenilworth and approved and
upon compliance with the rules and regulations of the Borough of Kenilworth
relating thereto.
No cesspool, privy vault, subsoil or cellar drains, rainwater
or surface drains shall be connected with the sewer system or any
part thereof. Only the sewerage system of the premises shall be so
connected.
[Amended 9-11-1979 by Ord. No. 79-19; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
