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.