Unless the context otherwise requires, the meaning of terms
used in this article shall be as follows:
The contract between the Boroughs of Garwood, Kenilworth
and Roselle Park, the City of Rahway, the Town of Westfield and the
Townships of Clark, Cranford, Springfield and Woodbridge, municipal
corporations of the State of New Jersey, dated August 8, 1951, establishing
the Authority.
The Rahway Valley Sewerage Authority and, when the context
requires, its authorized deputies, agents or representatives.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures during five
days at 20° C., expressed in milligrams per liter.
A material normally generated by or used in chemical, petrochemical,
plastic, pharmaceutical, biochemical or microbiological manufacturing
processes or petroleum refining processes, which has been selected
for waste disposal and which is known to hydrolyze, ionize or decompose,
which is soluble, burns or oxidizes, or which is buoyant on water,
or which has a viscosity less than that of water or which produces
a foul odor and which may be either hazardous or nonhazardous.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, admitting,
emptying or dumping of any solid waste as defined herein.
The United States of America.
Any waste or combination of wastes which poses a present
or potential threat to human health, living organisms or the environment,
including but not limited to waste material that is toxic, corrosive,
irritating, sensitizing, radioactive, biologically infectious, explosive
or flammable.
Any nonresidential user that discharges more than the equivalent
of 10,000 gallons per day of domestic sanitary wastes or which is
identified in the Standard Industrial Classification Manual under
Division A, B, D, E or I or comparable sections hereafter promulgated
and discharges or has the potential to discharge toxic pollutants
into the sewerage works or the municipal sewerage works or which operates
a process to which a federal categorical pretreatment standard is
applicable.
Liquid or other waste resulting from any processes of industry,
manufacture, trade or business or from the development, recovery,
detoxification or processing of any natural resource and shall include
any chemical waste or hazardous waste.
The Authority and any duly authorized employees or representatives
of the Authority, the Construction Official for the municipality and/or
his authorized deputies, agents or representatives and the Health
Officer of the municipality and/or his authorized deputies, agents
or representatives.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The sewers, conduits, pipelines, mains, pumping and ventilating
stations and other plants, structures, conveyances and other real
and personal property, and rights therein, and appurtenances necessary
or useful and convenient for the collection or disposal in a sanitary
manner of any sewage or by-product thereof acquired, constructed,
maintained or operated or to be acquired, constructed, maintained
or operated by the municipality.
The Borough of Kenilworth, located in the County of Union
and the State of New Jersey.
A body of water or watercourse which exists continuously
or intermittently into which surface drainage or seepage may run.
New Jersey Department of Environmental Protection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The rate of flow in millions of gallons per day set forth
in Section 8.1 of the agreement for each municipality based upon the
instantaneous rate of flow measurements not to be exceeded for any
period of time, however brief, as set forth in Section 8.3 of the
agreement.
Public or private corporation(s), company(ies), association(s),
society(ies), firm(s), partnership(s), joint-stock company(ies), individual(s),
the United States, the State of New Jersey and/or any of their political
subdivisions or agents.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
A soluble crystalline acidic compound that has a characteristic
odor, that is present in coal tar and wood tar and is synthesized
by various methods, that is a powerful caustic poison and in dilute
solution is a useful disinfectant and that is used otherwise chiefly
in making resins, plastic, dyes, pharmaceuticals and other products
and as a solvent for refining lubricating oils.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of discharging or otherwise introducing
such pollutants into the sewerage works and/or municipal sewerage
works, which reduction, elimination or alteration may be obtained
by physical, chemical or biological processes, process changes or
by any means except as prohibited by state or federal law, and appropriate
pretreatment technology shall include control equipment such as equalization
tanks or facilities for protection against surges, slug loadings and/or
slug discharges that might interfere with or otherwise be incompatible
with the sewerage works and/or the municipal sewerage works.
The Arthur Kill.
Water-carried household and toilet wastes from an improved
property.
A combination of the water-carried wastes from residences,
businesses, institutions and industrial establishments, together with
such groundwaters, surface waters and stormwaters as may be present
in the sewerage works and/or the municipal sewerage works.
A pipe or conduit constituting a part of the sewerage works
or the municipal sewerage works, used or usable to collect and convey
sewage and to which groundwaters, surface waters, stormwaters and
other non-sewage waters or liquids are not admitted intentionally,
except with respect to the municipal sewerage works of the City of
Rahway, a portion of which storm sewer is combined with its sewer
to convey sanitary sewage and stormwater.
The plant, structures, on-site wastewater systems and other
real and personal property acquired, constructed, maintained or operated
or to be acquired, constructed, maintained or operated by the Authority
for the purposes of the Authority, including sewers, conduits, pipelines,
mains, pumping and ventilating stations, sewage treatment or disposal
systems, resource recovery systems, chemical or lime fixation facilities
and related curing and storage, sludge recycling facilities, plants
and works, connections and outflows, compensating reservoirs and other
plants, structures, conveyances and other real and personal property,
and rights therein, and appurtenances necessary or useful and convenient
for the collection, treatment, purification, recycling or disposal
in a sanitary manner of any sewage or by-product thereof.
The discharge of industrial waste or any constituents thereof
into the sewerage works and/or municipal sewerage works in such quantity
that the average hourly discharge over any period of two hours'
duration is more than twice the daily average hourly discharge of
industrial waste or constituents thereof or an unusual volume of flow
from one or more users into the sewerage works and/or the municipal
sewerage works which causes or is a contributing factor to causing
the peak flow rate of the municipality at any instant, no matter how
brief, to exceed the peak flow rate of the municipality under the
agreement.
Garbage, refuse or other discarded material resulting from
industrial, commercial and agricultural operations and from domestic
and community activities and including all other waste materials,
including sludge, chemical waste, hazardous wastes and liquids, except
for solid animal and vegetable wastes collected by swine producers
licensed by the State Department of Agriculture to collect, prepare
and feed such wastes to swine on farms owned by such producers.
New Jersey.
A pipe, conduit or system used or usable to collect and convey
stormwater, surface water and groundwater drainage but excluding sewage,
except with respect to the municipal sewerage works of the City of
Rahway, a portion of which storm sewer is combined with its sewer
to convey sanitary sewage and stormwater.
Water runoff, surface runoff, street wash waters related
to street cleaning or maintenance, infiltration (other than infiltration
contaminated by seepage from sanitary sewers or by other discharges)
and drainage related to storm events or snow melt.
Substances which are removable from sewage by laboratory
filtration.
Water that would not cause violation of the Federal Clean
Water Act, P.L. 95-217, by direct discharge into the receiving waters
and would not be of a better quality if treated at the sewerage works
prior to discharge to the receiving waters.
It shall be unlawful to connect any cellar, drain, subsoil drain
or surface drain of any kind or description, sump pump, steam exhaust,
blowoff, drip pipe, air-conditioning equipment, industrial cooling
water system, rainwater conductor, swimming pool, stormwater inlets,
catch basins or oil pipe with the sewerage works or the municipal
sewerage works or permit any subsoil waters or surface waters to flow
into the sewerage works or the municipal sewerage works.
Stormwater and all other drainage of unpolluted water shall
be discharged to such storm sewers or natural outlets approved by
the Engineer of the municipality. Industrial cooling water or processed
unpolluted water may be discharged, on approval of said Municipal
Engineer, to a storm sewer or natural outlet.
No person shall discharge or cause or allow to be discharged
into the sewerage works and/or the municipal sewerage works the following
substances, whether directly or indirectly, if it appears likely,
in the sole discretion of the Authority or the municipality, that
such discharge may damage and/or harm the sewerage works or the municipal
sewerage works, have an adverse effect on the receiving waters or
otherwise endanger human health, living organisms or the environment:
A.
Any liquid or vapor having a temperature higher than 150° F.
(65° C.).
B.
Any waters or wastes containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 milligrams per liter or containing
substances which may solidify or become viscous at temperatures between
32° and 150° F. (0° and 65° C.).
C.
Any waters or wastes containing strong acid iron pickling wastes
or concentrated plating solutions, whether neutralized or not, or
other wastes in such quantity that will cause corrosion or deterioration
of the sewerage works and/or the municipal sewerage works.
D.
Any waters or wastes containing arsenic, barium, cadmium, chloride,
cyanide, fluoride, lead, manganese, nickel, nitrate, selenium, sulfate,
iron, chromium, copper, zinc and similar objectionable or toxic substances
in excess of limits established by the Authority or having a pH outside
the maximum and minimum limits established by the Authority or wastes
exerting an excessive chlorine requirement. In no event shall such
limits exceed that necessary to classify the Authority's sludge
as Class A as defined in the Statewide Sludge Management Plan.
E.
Any waters or wastes containing phenols or other taste- or odor-producing
substances in such concentrations exceeding limits which may be established
by the Authority as necessary, after treatment of the sewage, to meet
the requirements of state, federal or other public agencies having
jurisdiction for such discharge to the receiving waters.
F.
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Authority or which are not
in compliance with applicable state or federal regulations.
H.
Waters or wastes containing substances which in the sole discretion
of the Authority are not amenable to treatment or reduction by the
Authority or which after treatment fail to meet the effluent requirements
of any governmental agency having jurisdiction over discharge to the
receiving waters.
I.
Wastes in such type and quantity that create a risk of fire or explosion
within the sewerage works and/or the municipal sewerage works.
J.
Any waste, including oxygen demanding wastes (BOD), released in a
discharge at a flow rate and/or pollutant concentration that interferes
with the sewerage works and/or the municipal sewerage works.
K.
Any water added for the purpose of diluting wastes that would otherwise
exceed applicable maximum concentration limits.
A.
In response to any discharge or proposed discharge into the sewerage
works and/or the municipal sewerage works and which in the sole judgment
of the Authority may have a deleterious effect upon the sewerage works,
the municipal sewerage works or authorized peak flow rates, be harmful
to person and/or property and/or constitute a public nuisance, the
Authority and/or the municipality may:
B.
If the Authority and/or the municipality requires the pretreatment
of a discharge and/or control over the quantities and/or rates of
discharge, the design and installation of any applicable plants, facilities
and/or equipment shall be initially subject to the review and approval
of the municipality and subsequently the Authority and subject to
the requirements of all applicable codes, ordinances, laws and regulations.
Where pretreatment and/or control over quantities and/or rates
is required for any waters or discharges, the owners and dischargers
shall be exclusively liable for the maintenance and operation of the
plants, facilities and/or equipment installed in compliance with this
requirement.
When required by the Authority and/or by the municipality, each
industrial user and/or the owner of any property used or occupied
by any industrial user shall be jointly and severally liable for the
installation, at its (their) own expense, of measuring and monitoring
equipment determined necessary by the Authority to facilitate the
accurate observation, measurement and sampling of industrial waste.
Such equipment shall be protected from unauthorized entry and tampering,
shall be accessible to Authority and municipality personnel at all
times and shall be designed and constructed in accordance with plans
approved by both the Authority and the municipality. The location
of such equipment shall be approved by both the Authority and the
municipality personnel at all times and shall be designed and constructed
in accordance with plans approved by both the Authority and the municipality.
Measuring and monitoring equipment may include but is not limited
to pH monitoring equipment, lower explosion limit detection instrumentation,
automatic sampling devices and any other monitoring devices. All such
equipment shall be installed and maintained in accordance with the
Rules and Regulations Concerning Discharges to the Rahway Valley Sewerage
Authority, originally adopted by the Authority on June 16, 1983, and
as amended from time to time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Laboratory analysis of industrial waste samples shall be performed
by laboratories certified by the NJDEP in wastewater analyses for
the parameters to be analyzed. Test procedures identified in 40 CFR
136, Test Procedures for the Analysis of Pollutants, or comparable
regulations hereafter promulgated shall be utilized for all analyses.
Inspectors, bearing proper credentials and identification, shall
be permitted to enter all properties discharging to the sewerage works
and/or the municipal sewerage works for the purposes of inspection,
observation, measurement, sampling and/or testing in accordance with
the supervision contained herein. Inspectors shall have authority
to inquire into all matters bearing on the kind and source of discharge
to the sewerage works and/or the municipal sewerage works.
Any person failing to comply with or violating the provisions
of this article shall, upon conviction thereof, be punished by a fine
not exceeding $1,000 or by imprisonment for a term not exceeding 90
days, or both. Each day during which any such violation continues
shall be deemed a separate and distinct offense.
If any provision herein shall be determined by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder but shall be confined in its operation
to the provision directly involved.
All ordinances and parts of ordinances, including but not limited to Chapter 158 of the laws of the Borough of Kenilworth, insofar as they are inconsistent with any of the terms or provisions of this article, are hereby superseded and repealed to the extent of such inconsistency only.
This article shall take effect upon publication and second reading
and in accordance with law.
