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 municipality 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 municipality,
shall be sent to the PVSC, accompanied by the written approval of
the municipality. Existing industrial users that have applied for
permits may continue their discharge until their application has been
processed by the PVSC, except for any discharges which constitute
prohibited waste as otherwise provided in this chapter or unless notified
by the PVSC to cease and desist their discharge. 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.
A.
Industrial applications shall be made by the industry
that generates the waste; however, the application must be signed
by the owner of the property whereon the industry is located as well.
B.
The PVSC classification of an application is subject
to change by the PVSC upon written notification from the PVSC to the
applicant by certified mail. Any change shall be accompanied by a
detailed explanation of the reason for the change.
C.
In the case of a sanitary application for dwellings, group of dwellings or industrial or commercial establishments with only sanitary wastes, the application shall be made solely to the municipality. A fee shall be paid to the municipality to process the application as specified in § 479-19. The governing body of the municipality shall designate some suitable person to 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 PVSC no later than February 1 of each year.
All applications for industrial permits shall
be submitted on forms to be supplied by the PVSC and shall comply
with the instructions on said form. Industrial permits shall be classified
by the PVSC as follows:
A.
Category I.
(1)
Class 1-A permits shall not be issued to an industry
defined as a major industry and, when issued, shall allow the industry
to discharge with no modification or pretreatment of flow.
(2)
A Class 1-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, the PVSC may
require the installation of monitoring equipment.
B.
Category II.
(1)
A Class II-A permit shall allow an industry to discharge
pretreated wastes in accordance with standards established in the
permit.
(2)
A Class II-B permit shall allow an industry to continue
to 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.
A.
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 the PVSC to
the industry of its decision. The notice of appeal shall be delivered
personally to the office of the 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 Class III
denial. During the time of appeal, however, the Class 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.
B.
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.
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 the PVSC and, from time to time,
shall update the form when required by the PVSC.
A.
Whenever an industry is classified as a major industry,
it shall install an approved, sealed, automatic monitoring system
if required by the PVSC.
B.
Each major industrial user shall construct or otherwise
have available a sampling point for sampling wastewater before it
enters the municipal sewer system. Other industrial users may be required
to construct such sampling point, if ordered by the municipality or
the PVSC. The manhole shall be installed and maintained by the owner
at his/her expense so as to be safe and accessible at all times.
As pretreatment standards are adopted by the
United States Environmental Protection Agency for any given class
of industries, then any industry within the class must conform to
the USEPA timetable for adherence to pretreatment requirements as
well as all other applicable requirements promulgated by the USEPA
in accordance with the provisions of law. Additionally, such industries
shall comply with such more stringent standards necessitated by local
conditions as determined from time to time by the PVSC. The cost to
maintain the preliminary treatment or flow-equalizing facilities in
a satisfactory and effective operation is to be borne by the owner.
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 chapter. The access shall be made available to
the employees of the PVSC, NJDEP, USEPA and/or the municipality. All
industrial 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 chapter.
A.
All persons subject to this chapter shall be required
to provide information to the municipality and the PVSC as needed
to determine compliance with this chapter. These requirements may
include:
(1)
Wastewater discharge peak rate and volume over a specified
time period.
(2)
Chemical analysis of wastewater.
(3)
Information on raw materials, processes and products
affecting wastewater volume and quality.
(4)
Quantity and disposition of specified liquid sludge,
oil, solvent or other materials important to sewer use control.
(5)
A plot plan of sewers of the user's property showing
sewer and pretreatment facility locations.
(6)
Details of wastewater pretreatment facilities.
(7)
Details of systems to prevent and control the losses
of materials through spills to the municipal sewer.
B.
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this chapter shall
be determined in accordance with the latest edition of Standard Methods
for the Examination of Water and Wastewater, published by the American
Public Health Association. Sampling methods, locations, times, durations
and frequencies are to be determined on an individual basis subject
to the approval of the municipality and/or the PVSC.
C.
All users shall be required to comply with the requirements
of user charge regulations and industrial cost recovery system regulations
to be adopted by the PVSC in accordance with the requirements of the
USEPA. The effective date for the implementation of user charge regulations
and industrial cost recovery system regulations shall be established
by resolution of the PVSC. The effective date shall be certified by
the PVSC, and said written certification shall be filed in the office
of the Municipal Clerk.
No statement contained in this chapter shall
be construed as preventing any special agreement or arrangement between
the Borough and any concern whereby an industrial waste of unusual
strength or character may be accepted by the Borough for treatment,
subject to payment therefor by the concern.