[Adopted 11-28-1977 by Ord. No. 60-1977]
This Part 2 shall apply to that section of the City served by the Passaic Valley Sewerage Commissioners as shown on the map annexed hereto and made a part hereof.[1]
[1]
Editor's Note: The map referred to in this
section is on file in the offices of the City Clerk.
Whenever used in this Part 2, the following
terms shall have the following meanings:
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable oil if
it is properly pretreated and the wastewater does not interfere with
the collection system.
A charge to industrial users based on their use of PVSC facilities
to repay the capital cost outlay of the federal share given PVSC under
the provisions of applicable federal law, allocable to the treatment
of the wastes from the industrial user.
Any nongovernmental user of PVSC facilities identified in
the Standard Industrial Classification Manual 1972, as amended and
supplemented, under Division A, B, D, E or I. A user may be excluded
if it is determined that it introduces primarily segregated sanitary
wastes.
The liquid waste from industrial processes, trade or business
as distinct from domestic or sanitary wastes.
An industrial user of PVSC facilities that has a flow of
50,000 gallons or more per average workday, has in its waste a toxic
pollutant in toxic amounts, or is found by USEPA, NJDEP or PVSC to
have significant impact, either singly or in combination with other
contributing industries, on the PVSC treatment works or upon the quality
of the effluent from the PVSC treatment works.
An outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater, including the Passaic River or any of its tributaries.
New Jersey Department of Environmental Protection.
National Pollution Discharge Elimination System.
Any individual, firm, company, society, association, corporation
(public or private) or group.
The reciprocal of the logarithm of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions, in grams, per liter
of solution. Neutral water has a pH value of seven (a hydrogen concentration
of 10-7). Lower pHs are acid; higher pHs
are alkaline.
Treatment given to industrial waste prior to its discharge,
directly or indirectly, to the PVSC facilities by an industrial user
in order to remove illegal and/or undesirable constituents or to reduce
the strength of the waste.
A sewer controlled by a governmental agency, public utility
or the municipality.
Passaic Valley Sewerage Commissioners.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of groundwater, stormwater and surface
waters that are not admitted intentionally.
Waste derived principally from dwellings, office buildings
and sanitary conveniences, and waste which, when segregated from industrial
wastes, may come from industrial plants or commercial enterprises.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
Any discharge of water or wastewater 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.
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
A measurement of suspended solids and/or biochemical oxygen
demand and/or chemical oxygen demand and/or any other parameter determined
by PVSC as a fair indicator of the relative use, other than volumetric,
of PVSC facilities by industrial users.
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater or other liquids and that
is removable by laboratory filtering as prescribed in Standard Methods
for the Examination of Water and Wastewater and referred to as "nonfilterable
residue."
As defined by USEPA in 40 CFR 129 (38 F.R. 24342, 9-7-73)
and any superseding revisions.
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
United States Environmental Protection Agency.
A charge to users consisting of two parts: the first part
established by PVSC based on volume and, where applicable, on strength
and/or flow rate, to pay for the use of the PVSC facilities; the second
part established by the City to pay for the use of the local sewer
system and to pay for administration of the billing and collection
of the funds.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water and stormwater that may
be present.
The structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
The PVSC facilities.
It shall be unlawful to discharge into any natural
outlet within the municipality any wastewater or other polluted waters
except where suitable treatment has been provided and where a national
pollution discharge elimination system permit has been obtained from
the appropriate governmental authority, where required.
[Amended 5-27-1986 by Ord. No. 25-1986[1]]
No unauthorized person shall uncover; make any
connections with or opening into; use, alter or disturb any public
sewer or appurtenance thereof without first obtaining a permit from
the Executive Director of the East Orange Water Commission.
A.
Application for sanitary connections for dwellings,
groups of dwellings or industrial or commercial establishments with
only sanitary waste shall be made directly to the City.
B.
A fee shall be paid to the City to process the application as provided in § 226-6 of this chapter.
C.
The Executive Director of the East Orange Water Commission
shall maintain a record of the number of sanitary applications and
connections that are added and removed from the system and shall make
an annual report to the Passaic Valley Sewerage Commissioners no later
than February 1 of each year.
[Amended 5-27-1986 by Ord. No. 25-1986[1]]
A.
Each existing industrial user which is presently connected
directly or indirectly to the wastewater facilities of the City shall
make application for a permit no later than June 30, 1978, whether
the connection is for industrial waste or stormwater.
B.
Applications for future connections must be made and
approved before a certificate of occupancy may be issued. The application
shall be made to the City by the industry that generates the waste;
however, the application must be signed by the owner of the property
whereon the industry is located.
C.
After approval of the application by the City, the
application shall be forwarded to PVSC for classification and issuance
of the permit by PVSC.
D.
Any existing industrial user which proposes to make
any change in its facility or its processing which significantly affects
the quality or the quantity of its discharge into the system shall
submit to the City an industrial sewer waste revision application
showing the contemplated changes. Any new tenant or occupant of an
existing industrial user shall submit an industrial sewer waste revision
application. The application, if approved by the City, shall be sent
to the PVSC, accompanied by the written approval of the City. Existing
industrial users that have applied for permits may continue their
discharge until their application has been processed by PVSC, except
for any discharges which constitute prohibited waste as otherwise
provided in this Part 2 or unless notified by PVSC to cease and desist
their discharges. No certificate of occupancy shall be issued for
an industrial use until an industrial permit has been issued by the
PVSC, and no person shall occupy any building or structure for the
purpose of a new industrial use until an industrial permit has been
issued by the PVSC.
Applications for permits by industrial users
shall be classified by PVSC as follows:
A.
Category I.
(1)
Class I-A permit shall not be issued to an industry
defined as a major industry. When issued, a Class I-A permit shall
allow the industry to discharge with no modification or pretreatment
of flow.
(2)
Class I-B permit is one issued to an industry classified
as a major industry. This permit shall allow the industry to discharge
with no modifications or pretreatment of flow; however, PVSC may require
the installation of monitoring equipment.
B.
Category II.
(1)
Class II-A permit shall allow an industry to discharge
pretreated wastes in accordance with standards established in the
permit.
(2)
Class II-B permit shall allow an industry to continue
discharge, subject to change of characteristics of its waste by pretreatment
or other means in accordance with a schedule as established by the
PVSC in the permit.
C.
Category III. The permit is denied and the discharge
of prohibited materials must be halted or modified by a date established
by the PVSC and in accordance with conditions contained in the permit
denial.
The PVSC classification of an application for
permit is subject to change by PVSC upon written notification from
PVSC to the applicant by certified mail. Any change shall be accompanied
by a detailed explanation of the reason for the change.
Any industry aggrieved by a permit classification
by the PVSC shall have a right to appeal to the PVSC. Such an administrative
appeal shall be taken within 30 days of notification by PVSC of its
decision to the industry. The notice of appeal shall be delivered
personally to the offices of PVSC at 600 Wilson Avenue, Newark, New
Jersey, or shall be sent by certified mail, return receipt requested.
The taking of an appeal shall not stay the provisions of a Category
III denial. During the time of appeal, however, the Category II permits
shall be stayed. However, the staying shall not release any industry
from meeting any requirements of any schedule set by the New Jersey
Department of Environmental Protection or the United States Environmental
Protection Agency.
Upon the filing of an appeal, the PVSC shall
set the date and time for a hearing before the Commissioners. The
applicant shall have the right to present evidence, shall have the
right to be represented by counsel and shall have the right of cross-examination.
Upon the conclusion of the hearing, the Commissioners shall make findings
of fact and conclusions.
All applications for industrial permits shall
be submitted on forms to be supplied by PVSC and shall comply with
the instructions on said form.
All costs and expenses incident to the installation and connection of a sewer connection shall be borne by the applicant, and the applicant shall indemnify the City or PVSC from any loss or damage that may be occasioned by the installation of the sewer connection. All sewer connections shall be in accordance with the requirements of Article I of this chapter.
No person shall make connection of roof downspouts,
foundation drains, areaway drains or other sources of surface runoff
or groundwater to a building sewer or drain which in turn is connected
directly or indirectly to a public sanitary sewer unless approved
by the City for the purpose of disposal of polluted surface drainage.
In addition to the application for the permit
as hereinabove provided, each industrial user must complete an industrial
survey form which will be supplied by PVSC and, from time to time,
shall update the form when required by the PVSC.
Whenever an industry is classified as a major
industry, it shall install an approved, sealed, automatic monitoring
system if required by PVSC.
No unpolluted water shall be discharged into
the PVSC system except with the prior written consent of the City
and PVSC.
When pretreatment standards are adopted by the
United States Environmental Protection Agency for any given category
of industries, then any industry within that category must conform
to the United States Environmental Protection Agency timetable for
adherence to pretreatment requirements as well as all other applicable
requirements promulgated by the United States Environmental Protection
Agency in accordance with the provisions of the law. Additionally,
such industries shall comply with such more stringent standards necessitated
by local conditions as determined from time to time by the PVSC.
A.
All industrial users shall provide immediate access
to their facilities at any time during normal working hours or at
any other time that there is a discharge into the PVSC system or into
any waters under the jurisdiction of the PVSC. Access shall be for
the purpose of checking the quality of the discharge, taking samples
and making tests of the discharge or for the purpose of permitting
enforcement of this Part 2. The access shall be made available to
the employees of PVSC, New Jersey Department of Environmental Protection,
United States Environmental Protection Agency and/or the municipality.
B.
All users shall provide access to property and premises
for inspection for the purpose of determining if there is any violation
of the terms or provisions of this Part 2.
The following wastes are prohibited and may
never be discharged into wastewater facilities of the City and PVSC:
A.
Wastes that may create a fire or explosion hazard
in the sewer or wastewater facility, such as gasoline, fuel oil, cleaning
solvents, etc.
B.
Wastes that may impair or cause to be impaired the
hydraulic capacity of the sewer system, such as ashes, sand, metal,
precipitates, etc.
C.
Wastes that may create a hazard to people, the sewer
system, the treatment process or the receiving water, such as dangerous
levels of toxic materials.
D.
Wastes at a flow rate which is excessive over a relatively
short time period so that there is a treatment process upset and substantial
loss of treatment efficiency.
E.
Wastes below a pH of five unless the line is designed
to accommodate such waste.
F.
Radioactive wastes or isotopes of such half-life or
concentration as may exceed limits established by PVSC in compliance
with applicable state or federal regulations.
The following wastes may not be discharged without
special permission from the PVSC, upon a determination by the PVSC
that the discharge would not be detrimental to the system:
A.
Any discharge in excess of 150º F. (65º
C.).
B.
Any discharge containing more than 100 milligrams
per liter of mineral oil or grease.
C.
Any discharge containing floatable oil or grease.
D.
Any discharge of heavy metals or any other toxic materials
in toxic amounts, which amounts are to be established by PVSC.
E.
Any discharge quantities of flow or concentration
which shall constitute a slug.
F.
Wastes with pH outside the limits of 5.0 to 9.0.
Each major industrial user shall construct or
otherwise have available a sampling point for sampling wastewater
before it enters the City sewer system. Other industrial users may
be required to construct such sampling point if ordered so to do by
the City or the PVSC.
No discharge into the wastewater facilities
of the City or PVSC shall be permitted from any source which causes
physical damage, interferes with the treatment process or results
in a violation of effluent limitations or other conditions contained
in the national pollution discharge elimination system permit to discharge
issued to the PVSC by the United States Environmental Protection Agency.
When required by the City, USEPA, NJDEP or the
PVSC, the owner of any property serviced by a building sewer carrying
industrial wastes shall install a suitable structure, together with
such necessary meters and other appurtenances to the building sewer,
to facilitate observation, sampling and measurement of the wastes.
Such structure, when required, shall be accessibly and safely located
and shall be constructed in accordance with plans approved by the
governmental agency requiring it. The structure shall be installed
by the applicant at his expense and shall be maintained by him so
as to be safe and accessible at all times.
All persons subject to this Part 2 shall be
required to provide information to the City and PVSC as needed to
determine compliance with this Part 2. These requirements may include
but are not limited to:
A.
Wastewaters' discharge peak rate and volume over a
specified time period.
B.
Chemical analyses of wastewaters.
C.
Information on raw materials, processes and products
affecting wastewater volume and quality.
D.
Quantity and disposition of specific liquid, sludge,
oil, solvent or other materials important to sewer use control.
E.
A plot plan of sewers of the user's property, showing
sewer and pretreatment facility location.
F.
Details of wastewater pretreatment facilities.
G.
Details of systems to prevent and control the loss
of materials through spills to the municipal sewer.
All measurements, tests and analyses of the
characteristics of waters and wastes to which reference is made in
this Part 2 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
method or procedure as may be approved by PVSC. Sampling methods,
location, times, durations and frequencies are to be determined on
an individual basis, subject to the approval of the City and/or PVSC.
A.
All users shall be required to comply with the requirement
of user charge regulations and industrial cost recovery system regulations
to be adopted by the PVSC and the City in accordance with the requirements
of the USEPA. The effective date for the implementation of user cost
regulations and industrial cost recovery system regulations shall
be established by resolution of the PVSC and the City. The effective
date shall be certified by the PVSC, and the said written certification
shall be filed in the office of the Municipal Clerk.
B.
Pending the promulgation of user cost regulations by the PVSC, the City will assess user charges in the area served by the PVSC in accordance with the provisions of Part 3 of this chapter.
C.
Upon promulgation by PVSC of user charges, the provisions
of Part 3 will no longer apply to the area served by the PVSC.
No person shall intentionally break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the wastewater facilities.
[Amended 5-27-1986 by Ord. No. 25-1986[1]]
The Executive Director of the East Orange Water
Commission shall be charged with the responsibility of administering
this Part 2.
All users of the wastewater facilities shall
comply with the requirements of the written rules and regulations
of the City and PVSC which have been adopted and which from time to
time shall be adopted, which regulations shall become effective upon
the filing of certified copies in the office of the Municipal Clerk
after the effective date of this Part 2.
Violations of any of the provisions of this
Part 2 or any permit issued under the authority of this Part 2 may
result in the termination of the permit and/or the termination of
the authority to discharge into the system.
Any person violating any of the provisions of
this Part 2 shall, upon conviction, be subject to a fine not to exceed
$2,000, 90 days' imprisonment and/or 90 days of community service.
Each and every day in which a violation of any provision of this Part
2 exists shall constitute a separate violation.
