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
herein. The governing body of the municipality shall designate some
suitable person to maintain 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)
A Class I-A permit 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 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, 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. 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 Stated Environmental Protection Agency. Upon
the filing of an appeal, the PVSC shall set the date and time for
a hearing before the Commissioners. The procedure outlined in this
section is subject to modification by the PVSC from time to time.
B.
The applicant shall have the right to prevent evidence, shall have
the right to be represented by counsel and shall have the right of
cross-examination. Upon the completion 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 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 requirement 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.
