Borough of Kenilworth, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 12-28-1971 as Ord. No. 71-17. Sections 116-7 and 116-28 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Sewerage Authority — See Ch. 45.
Sewers — See Ch. 158.

§ 116-1 Purpose; definitions.

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. 
For the purposes of this chapter, the following terms shall have the meanings indicated:
[Added 6-24-1975 by Ord. No. 75-14[1]]
INDUSTRIAL WASTES
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[2]]
[2]
Editor's Note: Ordinance No. 75-14 provided as follows: "This ordinance shall take effect retroactive to January 1, 1975."

§ 116-2 Discharge of certain waste restricted.

[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.

§ 116-3 Chemical analysis required.

[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.

§ 116-4 Annual charges to cover costs of treatment.

[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.

§ 116-5 (Reserved) [1]

[1]
Editor's Note: Former § 116-5, Basis for payment, was repealed 7-11-1978 by Ord. No. 78-23.

§ 116-6 Additional charges or modification of rates.

[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.

§ 116-7 Annual rate schedule.

[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]]
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.
This section was amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 116-8 Sampling and testing.

[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.

§ 116-9 Determination of volume.

[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.

§ 116-10 Determination of characteristics.

[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 of Analysis of Water and Sewage 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.
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.

§ 116-11 Acceptance upon execution of agreement.

[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.

§ 116-12 Submission of data prior to approval of application.

[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.

§ 116-13 Prohibited wastes.

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 solids or viscous matter which may contain any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch, hair or similar substances.
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.

§ 116-14 Right of borough to require preliminary treatment; characteristics.

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.

§ 116-15 Submission of drawings and specifications; control manhole.

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.

§ 116-16 Maintenance of preliminary treatment facilities.

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.

§ 116-17 Maintenance of quality of effluent.

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, Sewage and Industrial Wastes, published by the American Public Health Association.

§ 116-18 Responsibility for costs.

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.

§ 116-19 Control meter and sampling manhole.

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.

§ 116-20 Requirements where owner provides own water supply.

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.

§ 116-21 Access to meters.

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.

§ 116-22 Prohibited connections.

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. 
Storm water 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.

§ 116-23 Domestic sewage.

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.[1]
[1]
Editor's Note: The annual sewer charge applied to each household unit is presently $15 per year.

§ 116-24 Payments.

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 or each premise 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 provided in N.J.S.A. 40:63-8 and as it has by law for the collection of taxes upon real estate.

§ 116-25 Connection to sewers required.

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.

§ 116-26 Alterations and repairs to sewer system.

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.

§ 116-27 Prohibited connections.

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.

§ 116-28 Violations and penalties. [1]

Any person, firm or corporation who or which shall fail to comply with or violate the provisions of this chapter shall, upon conviction, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.