Township of Maplewood, NJ Industrial Wastewater Discharges

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.

CHEMICAL OXYGEN DEMAND (COD)

The measure of the organic matter present in the sewage as determined by the dichromatic reflux method and expressed in milligrams per liter (parts per million).

CHLORINE DEMAND

The amount of chlorine, expressed in milligrams per liter or parts per million by weight, which will complete the normal reactions with all chemicals and materials in the sewage, leaving an excess of 0.1 milligram per liter (0.1 parts per million by weight) after 30 minutes contact time at room temperature of approximately 70° F.

COMPATIBLE POLLUTANT

BOD, suspended solids, pH and fecal coliform bacteria and such additional pollutants as are now or may be in the future specified and controlled in the Joint Meeting's NPDES permit for its wastewater treatment facilities, where said facilities have been designed and used to reduce or remove such pollutants.

COOLING WATER

Any water used for the purpose of carrying away excess heat and which may contain biocides used to control biological growth.

DEPARTMENT

The New Jersey Department of Environmental Protection.

DIRECTOR

The Director of the wastewater treatment system/water pollution control/public works of the Joint Meeting or his/her duly appointed deputy, agent or representative.

DOMESTIC WASTES

Liquid wastes from the noncommercial preparation, cooking and handling of food consisting of human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions.

FLOATABLE OIL

Fat or grease in a physical state which will separate by gravity from wastewater through treatment in an approved pretreatment facility. A wastewater shall be considered free of "floatable oil" if it is properly pretreated in such manner that the discharged wastewater does not interfere with the wastewater facilities.

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of food.

GREASE OR FATS

Any material which is extractable from an acidified sample of a waste by hexane or other designated solvent or other acceptable means.

HEAVY METALS

The electronegative metals with a density greater than five grams per cubic centimeter.

INCOMPATIBLE POLLUTANT

Any pollutant which is not a compatible pollutant as defined in this subsection.

INDUSTRIAL WASTES

The wastes from industrial manufacturing processes, trade or business, as distinct from domestic and/or commercial sanitary sewage.

JOINT MEETING

The municipalities of the City of East Orange, the Township of Hillside, the Town of Irvington, the Township of Maplewood, the Township of Millburn, the City of Newark, the Borough of Roselle Park, the Township of South Orange Village, the City of Summit, the Township of Union and the Town of West Orange organized in Joint Meeting pursuant to N.J.S.A. 40:63-68 et seq., under the terms of a contract dated June 1, 1926, as supplemented, in the matter of an outlet sewer and treatment plant for said municipalities, and when the context requires, shall mean the Executive Director or his authorized deputy, agent or representative.

JOINT SEWER

Includes the joint outlet or trunk sewer constructed by the several municipalities under a contract dated March 15, 1901, and the supplementary joint trunk sewer and sewage disposal plant constructed under a contract between the member municipalities dated June 1, 1926, and a contract dated March 9, 1931; or shall mean any trunk sewer theretofore or thereafter constructed and maintained by the Joint Meeting.

MAJOR INDUSTRY

An industrial user of the municipal or Joint Meeting wastewater facilities that:

(1)

Has a flow of 25,000 gallons or more per workday of equivalent domestic or commercial waste;

(2)

Has in its waste toxic substances injurious to the treatment process or sewer system;

(3)

Is found by USEPA, NJDEP, Joint Meeting or municipality to have a significant impact, either singly or in combination with other contributing industries, on municipal or Joint Meeting wastewater facilities or upon the quality of effluent from these wastewater facilities or upon the quantity of effluent from these wastewater facilities; or

(4)

Has a detrimental effect upon human health or welfare.

NJDEP

The State of New Jersey Department of Environmental Protection or successor agency.

NONSTATIONARY SOURCE

Any mobile vehicle, piece of equipment or appurtenance thereof that is utilized in the discharge of waste or wastewater to any sewer or natural outlet. The term includes but is not limited to tank trucks and dump trucks, as well as associated equipment and appurtenances. Fixed, permanent or semipermanent equipment is excluded from the category of nonstationary source and is regulated elsewhere in this article.

NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM)

The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigatable waters, the contiguous zone and the oceans.

PERSON

Any individual, firm, company, partnership, corporation, association (public or private), group or society, and includes the State of New Jersey and agencies, districts, commissions and political subdivisions created by or pursuant to state law.

PETROLEUM HYDROCARBONS

That portion of the total extractable grease or fats which is not retained on an activated alumina absorption column after elutriating with hexane.

The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

POLLUTANT

Any dredged spoil, solid 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 water or other residue discharged into the Joint Meeting or municipal sewer system or waters of the state.

PRETREATMENT

Treatment by application of physical, chemical and/or biological processes to reduce the amount of pollutants in or to alter the nature of pollutant properties in a wastewater other than residential prior to its direct or indirect discharge to municipal or Joint Meeting wastewater facilities and to remove illegal and/or undesirable waste constituents or to reduce the strength of the waste prior to discharge to the publicly owned wastewater facilities.

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 storm waters as may be present.

SEWAGE OR TREATMENT WORKS

Any device or system, whether public or private, used in the conveyance, 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 alterations thereof, elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities, and any other works, including sites for the treatment process or for the ultimate disposal of residues resulting from such treatment. Additionally, "treatment works" means any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of pollutants, including stormwater runoff, or industrial waste in combined or separate stormwater and sanitary sewer systems. The term "treatment works" shall not be construed to include any facility subject to the requirements of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.

SEWER

A pipe or conduit for carrying sewage.

SLUG

Any discharge of water, sewage or industrial waste which, in concentration 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.

STORMWATER

Any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.

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.

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, will, on the basis of information available, cause death, disease, behavioral abnormalities, cancer, genetic mutations or physiological malfunctions, including malfunctions in reproduction or physical deformation in such an organism or its offspring.

UNPOLLUTED WATER

Water not containing any pollutants limited or prohibited by the effluent standards in effect, and water whose discharge will not cause any violation of receiving water quality standards.

USEPA

The United States Environmental Protection Agency or successor agency.

USER

Any person who discharges, causes or permits the discharge of wastewater into the wastewater treatment facilities of the Joint Meeting.

USER CLASSIFICATION

A classification of user based on the 1972 (or subsequent) edition of the Standard Industrial Classification (SIC) Manual prepared by the Office of Management and Budget.

WASTEWATER

The liquid and water-carried industrial or domestic 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 Joint Meeting treatment facilities.

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-43019-76-0179, Volume 1, 1977, or the latest revision thereof; P.L. 95-217; N.J.S.A. 58:10A-1; or N.J.A.C. 58:11-49, 1972.

§ 223-32 Connections with joint sewer.

Connections or building sewers shall, wherever possible, be made to local sewers and not to Joint Meeting main lines or trunk sewers. No municipality or person shall make any direct connection with the joint sewer or alter or repair any connection with the joint sewer without having first obtained a written permit from the Joint Meeting and from the appropriate municipality.

Each permit to connect with the joint sewer, if and when issued, will require that the applicant for such permit agrees that it or he will carefully make the connection with the joint sewer in the manner prescribed by the rules and regulations of the Joint Meeting; that it or he will indemnify and save harmless the Joint Meeting from all accidents and damages caused by any negligence in protecting his work or any imperfect or inadequate work done by virtue of such permit; that it or he will faithfully comply with the ordinances of the municipality; and that it or he will replace and restore the sidewalk, pavement or street surface over any opening it or he may have made, the work to be subject to the inspection and approval of the Joint Meeting and the municipality.

Connections with the joint sewer shall be made only by a plumber licensed in the municipality where the connection is to be made or by some other person duly authorized by the Joint Meeting. Connections shall be made with suitable materials approved by the Joint Meeting. All work included in the construction of connections with the joint sewer, or relating thereto, shall be done to the satisfaction of the Joint Meeting, and the person or persons doing said work shall accept as final all decisions of the Joint Meeting as to the fitness of all materials furnished or work done and shall immediately replace all work rejected.

Connections shall be such as to provide flexibility and watertight joints. A manhole shall be provided if required. Connections shall include a cast-iron hub set and sealed in the main sewer. No connections shall be covered until inspected by the Joint Meeting. No top connections will be permitted.

§ 223-33 Discharge restrictions.

[Amended 10-18-1994 by Ord. No. 1954]

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater (except as set forth below), roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.

Direct or indirect discharges of groundwater to the Joint Meeting wastewater treatment facilities shall only be permitted under the following circumstances:

(1)

The proposed discharger or applicant has filed an application for and has been issued a nondomestic wastewater discharge permit ("permit") by the Joint Meeting.

(2)

For long-term, continuous discharges, the municipality where the site remediation project of the applicant is located or, at the election of the municipality, the proposed discharger or applicant ("municipality/applicant") will be required to identify and eliminate two gallons of infiltration/inflow to the Joint Meeting wastewater treatment facilities for each gallon of groundwater to be delivered into the Joint Meeting wastewater treatment facilities on a daily average over the life of the remediation project discharge (two to one offset).

(a)

The location(s) of the remedial work to be performed by the municipality/applicant shall be identified by the municipality and agreed to by the Joint Meeting through the use of the Phase III Sewer System Evaluation Report, prepared by Hazen and Sawyer, dated August 1983, and as supplemented, which was previously distributed by Joint Meeting to each member municipality in the Joint Meeting service area, or such other report as may be available in the case of nonmember municipalities.

(b)

The remedial work to be performed by the municipality/applicant shall be completed within a time period that shall not exceed 1/2 of the time frame of the remediation project discharge estimated by the proposed discharger or applicant and approved by the municipality and the Joint Meeting. In the event that extraordinary, unforeseen circumstances occur that will affect the ability of the municipality/applicant to meet the time period previously agreed upon by the parties for completion of the infiltration/inflow remedial work, the municipality/applicant may seek an extension of the time period through the filing of a written request not less than 60 days before a previously defined and agreed upon milestone, fully describing the extraordinary and the unforeseen circumstances and specifying the additional time necessary to complete the remedial work as a result thereof. Such requests for extensions will be considered by the Joint Meeting on a case-by-case basis, and an extension of time shall not be unreasonably withheld.

(c)

An applicant may not discharge groundwater to the Joint Meeting wastewater treatment facilities until it has obtained a permit and an agreement is reached between the Joint Meeting and the municipality and/or the applicant upon the terms of the remediation work to be performed to satisfy the two to one offset policy set forth in this regulation.

(d)

At intervals to be mutually agreed upon by the municipality/applicant, as well as the Joint Meeting, the municipality/applicant shall be required to demonstrate, in written progress reports, to the satisfaction of the Joint Meeting that the municipality/applicant is making definable progress in performing the remedial work so as to be able to complete the work within the time frame established in accordance with Subsection B(2)(b) above.

(e)

The Engineer of the municipality where the remedial work has been performed will be required to submit to the Joint Meeting a certification stating that the remedial work has been completed, and such certification must be submitted within one week of the date of the completion of the work.

(f)

After the time that the location(s) of the remedial work is identified by the municipality and agreed to by the Joint Meeting, but prior to the initiation of the remedial work, the municipality/applicant will be required to submit proof to the Joint Meeting that a performance bond in the amount of 100% of the value of the remedial work and naming the Joint Meeting as a co-obligee has been issued to ensure that such work is completely performed.

(3)

Short-term batch discharge.

(a)

For short-term batch discharge, the municipality/applicant will be required to identify and eliminate two gallons of infiltration/inflow into the Joint Meeting wastewater treatment facilities for each gallon of groundwater to be delivered to the Joint Meeting treatment works on a daily average over the life of the remediation project discharge (two to one offset); or

(b)

The material to be discharged from the site of the remediation project may be delivered in tanker vehicles to the Joint Meeting wastewater treatment facilities in Elizabeth, New Jersey for direct discharge at a rate of $0.03 per gallon; for example, $150 per five-thousand-gallon trailer, to compensate the Joint Meeting for the costs to sample, monitor and process the discharge. The use of this option will be at the reasonable discretion of the Joint Meeting in order to avoid the arrival of a number of trailers that will adversely impact the performance of treatment operations by the Joint Meeting.

(4)

In the event the two to one offset option is selected with respect to short-term batch discharges, then the following procedures shall apply:

(a)

(b)

The remedial work to be performed by the municipality/applicant shall be completed within a time period that shall not exceed 1/2 of the time frame of the remediation project discharge estimated by the proposed discharger or applicant and approved by the municipality and the Joint Meeting. In the event that extraordinary and/or unforeseen circumstances occur that will affect the time period previously agreed upon by the parties for completion of the infiltration/inflow remedial work, the municipality/applicant may seek an extension of the time period through the filing of a written request not less than 60 days before a previously defined and agreed upon milestone, fully describing the extraordinary and/or unforeseen circumstances and specifying the additional time necessary to complete the remedial work as a result thereof. Such requests for extensions will be considered by the Joint Meeting on a case-by-case basis, and an extension of time shall not be unreasonably withheld.

(c)

(d)

At intervals to be mutually agreed upon by the municipality/applicant and the Joint Meeting, the municipality/applicant shall be required to demonstrate, in written progress reports, to the satisfaction of the Joint Meeting that the municipality/applicant is making definable progress in performing the remedial work so as to be able to complete the work within the time frame established in accordance with Subsection B(4)(b) above.

(e)

(f)

(5)

The groundwater to be discharged to the Joint Meeting wastewater treatment facilities pursuant to a permit will be, at all times, subject to analyses by the Joint Meeting, at the sole cost of the applicant, to ensure that the proposed discharge shall meet the quality limits as set forth in these sewer use rules and regulations. At any time during the period of the discharge of groundwater to the Joint Meeting, a failure by the applicant to meet such quality limits shall be the basis for a revocation of the permit and a discontinuation of the discharge and/or such enforcement measures as are authorized by law to be taken by the Joint Meeting.

(6)

The proposed discharger or applicant shall be obligated to institute pretreatment measures prior to the direct or indirect discharge of groundwater to the Joint Meeting in the event the groundwater fails to meet the parameters for acceptance of the discharge set forth in the sewer use rules and regulations.

(7)

Credits for future discharges of groundwater through the removal of infiltration/inflow pursuant to the above provisions may be accumulated or banked; however, such credits may only be transferred in accordance with ownership of the site identified as the source of groundwater at the time of the performance of the remediation work.

§ 223-34 Access for inspections.

As a precondition for the right to discharge waste in any form into the sewers and wastewater facilities of the municipality or the Joint Meeting, all industrial users shall provide immediate access to their facilities at any time during which there is a discharge to the wastewater facilities. Access shall also be provided for the purpose of checking the quality of the discharge, taking samples and making tests of the discharge or for the purpose of permitting the enforcement of this article, and shall be made available to the municipality, Joint Meeting, NJDEP and USEPA. All users shall provide access to property and premises for inspection to determine if there are any violations of the terms or provisions of this article.

§ 223-35 Information to be submitted.

As a precondition for the right to discharge waste in any form into the sewers and wastewater facilities of the municipality or the Joint Meeting, all persons subject to this article shall be required to provide information to the municipality, Joint Meeting, NJDEP or USEPA as needed to determine compliance with this article. This information may be included:

Wastewater discharge rate and volume over a specified time period.

Chemical analysis of wastewater.

Information on raw materials, processes and products affecting wastewater volume and quality.

Quality and disposition of specified liquid, sludge, oil, solvent or other materials important to sewer use control.

A plot plan of sewers on the user's property showing sewer pretreatment facility location.

Details of wastewater pretreatment facilities.

Details of systems designed to prevent and/or control the loss of spilled materials to the sanitary sewer (i.e., spill prevention plan).

Any other information required by the municipality or Joint Meeting.

§ 223-36 Monitoring and reports.

All industrial users who discharge wastewater to the treatment works shall maintain such records of production and related factors, effluent flows and pollutant amounts of concentrations as are necessary to demonstrate compliance with the requirements of this article and any applicable State or Federal Pretreatment Standards or requirements.

Such records shall be made available upon request to the Executive Director. All such records relating to compliance with pretreatment standards shall be made available to officials of the NJDEP and the United States Environmental Protection Agency upon demand. A summary of such data indicating the industrial user's compliance with this article shall be prepared (quarterly) and submitted to the Director.

The owner or operator of any premises or facility discharging industrial wastes into the system shall install at his/her own cost and expense suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of wastes. Such equipment shall be maintained in proper working order and kept safe and accessible at all times.

Each major industrial discharger shall maintain separate monitoring equipment as required under § 223-33E.

Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the local municipal requirements and all applicable construction standards and specifications. Plans and specifications for all such work will be submitted to the Joint Meeting for approval prior to construction.

§ 223-37 Measurements and tests.

All measurements, tests and analyses of the characteristics of wastewater, to which reference is made in this article, shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation, or other methods or procedures that may be acceptable to the governmental authority requiring the measurements, tests or analyses. Sampling method, location, time, duration and frequency shall be determined on an individual basis by the governmental authority requiring the sampling.

§ 223-38 Compliance with rules and regulations required.

All users of the wastewater facilities shall comply with the requirements of the written rules and regulations of the municipality and Joint Meeting, which regulations shall become effective upon the filing of certified copies in the office of the Municipal Clerk of the respective municipality after the effective date of this article.

§ 223-39 Discharges to natural outlets restricted.

It shall be unlawful to discharge any wastewater or other polluting material into any natural outlet within the municipality, except where suitable treatment has been provided and where an NPDES permit has been obtained from the appropriate governmental authority where required.

§ 223-40 Tampering with wastewater facilities unlawful.

No person shall maliciously, intentionally or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment that is part of the wastewater facilities of the municipality or Joint Meeting.

§ 223-41 Accidental discharges.

If, for any reason, a facility does not comply with or will be unable to comply with any prohibition or limitations in this article, the facility responsible for such discharge shall take immediate corrective action to prevent continued harm to the treatment works and shall immediately notify the Director so that additional corrective action may be taken to protect the treatment works. In addition, a written report addressed to the Director detailing the date, time and cause of the accidental discharge, the quantity and characteristics of this discharge and the action taken to prevent future discharges shall be filed by the responsible person within five days of the occurrence of the noncomplying discharge.

§ 223-42 Enforcement.

Whenever the Joint Meeting finds that any person 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. 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 the local municipality 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 the local municipality regarding the violation and directing the offending party to show cause before the Joint Meeting and the local municipality why an order should not be made directing the termination of service. 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. Service may be made on any agent or officer of a corporation.

The Joint Meeting and the local municipality may themselves conduct the hearing and take the evidence or may designate any of their members or any officer or employee to:

(1)

Issue in the name of the Joint Meeting and the local municipality notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings.

(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 the local municipality for action thereon.

At any public hearing, testimony taken before the Joint Meeting and the local municipality 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 of any part to the hearing upon payment of the usual charges therefor. After the Joint Meeting and the local municipality 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.

Any discharge in violation of the substantive provisions of this article or an order of the Joint Meeting and the local municipality 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 and the local municipality, the Executive Director shall commence an action for injunctive relief and appropriate legal damages in the Superior Court of the respective county.

§ 223-43 Violations and penalties.

Any person who is found to have violated an order of the Joint Meeting and the local municipality or who willfully or negligently failed to comply with any provision of this article and the orders, rules and regulations issued hereunder shall be subject to a fine of not more than $500 or imprisonment not to exceed six months, or both, for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Joint Meeting and the local municipality 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. In addition, also, to the penalties previously provided herein, the Joint Meeting and the 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.