It shall be unlawful for any industrial user to discharge sewage combined with wastes directly or indirectly into the treatment works without having satisfied all applicable terms of this Part 1.
All industrial users proposing to connect into or discharge sewage into the treatment works shall complete and file with the licensed operator a disclosure declaration in the form prescribed herein. Existing industrial users shall file disclosure forms within 90 days after the effective date of this Part 1, and proposed new industrial users shall file disclosure forms at least 120 days prior to connecting to the treatment works. The disclosure to be made by the user shall include:
Name, address and location of the industrial user.
Name and phone number of the contact person.
Standard industrial classification (SIC) code.
Description of activities and products manufactured.
Average daily wastewater flow or water consumption.
Nature and concentration of pollutants or materials regulated by this Part 1.
Significant industrial users are required upon request to submit the following information to the superintendent:
Disclosure of name, address and location of the industrial user.
Disclosure of standard industrial classification (SIC) code.
Disclosure of wastewater constituents and characteristics, including but not limited to those mentioned in this Part 1 as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the EPA and contained in 40 CFR 136 (1986).
Disclosure of time and duration of discharges.
Disclosure of average daily and, at the discharger's discretion, instantaneous-peak wastewater flow rates in gallons per day, including any daily, monthly and seasonal variations. All flows shall be measured unless other techniques approved by Hoboken are used.
Disclosure of site plans and details of all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation and, if necessary, floor plans, mechanical and plumbing plans.
Description of activities, facilities and plant processes on the premises, including all materials which are or may be discharged to the sewers or treatment works.
Disclosure of the nature and concentration of any pollutants or materials prohibited by this Part 1 in the discharge, together with a statement stating whether or not compliance with this Part 1 is being achieved on a consistent basis and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the industrial user to comply with this Part 1.
Where additional pretreatment and/or operation and maintenance activities will be required to comply with this Part 1, the significant industrial user shall provide a declaration of the schedule by which it will most expediently provide such additional pretreatment and/or implementation of additional operational and maintenance activities.
Disclosure of the type, amount, process and rate of production of each product produced by the significant industrial user where such information is necessary to determine compliance with discharge limitations.
Disclosure of the type and amount, in average per day and maximum per day, of raw materials utilized.
All disclosure forms shall be signed by an authorized representative of the user and a qualified engineer holding a New Jersey State license.
Time periods and permit requirements.
Existing significant industrial users shall apply for an industrial discharge permit ("permit") within 90 calendar days after the effective date of this Part 1.
New significant industrial users, as defined by N.J.A.C. 7:14A-1 et seq., shall apply for the permit at least 120 days prior to its connection into the treatment work.
All significant industrial users who discharge sewage shall do so in accordance with the terms and conditions of an industrial discharge permit ("permit").
The application form and required information for such permit shall be at the discretion of Hoboken.
Hoboken shall evaluate such application and either approve and issue the permit, deny the permit or require the submission of additional information. Notice of denial of completed applications shall be made expeditiously. Approvals may be subject to certain requirements, the failure of which may result in revocation of the permit.
Permits shall be expressly subject to all provisions and conditions of this Part 1 and all other rules, regulations, user charges and fees which are in effect or which may be established by Hoboken. The following terms may be imposed by Hoboken in the issuance of the permit:
Limitations upon the characteristics, quantities and rate of flow of wastes.
The installation and maintenance by the permittee at its sole expense of:
Facilities or equipment for measurement of sewage, industrial wastes or other wastes discharged.
Detention tanks or other facilities or equipment for reducing the maximum rates of discharge.
Pretreatment and flow-control facilities with suitable control or sampling methods.
Grease, oil and sand interceptors, separators or traps.
The submission to and approval by Hoboken of plans and specifications for any of the facilities or equipment required to be installed and maintained by the permittee and compliance schedules for the installation and maintenance of these facilities.
Maintenance of appropriate records of all measurements made by the permittee of sewage, industrial wastes or other wastes as specified by Hoboken, with access thereto by Hoboken.
The periodic submission to Hoboken of reports setting forth adequate data of the contents of the discharge from which Hoboken may determine, prior to the commencement of operation of any pretreatment or flow-control facilities, the acceptability of the sewage, industrial wastes or other wastes.
Specifications for monitoring programs which may include but are not limited to location, frequency and method of sampling and number, type and standards for tests and reporting schedules.
Requirements for notification of Hoboken of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the treatment works.
Fees which reflect the cost of permit issuance and the added cost of handling and treating the waters or wastes and administering the industrial pretreatment program, which fees are not covered by existing sewer charges.
Requirements for notification of accidental discharges.
Such other terms and conditions as may be necessary to protect the treatment works and to carry out the intent and provisions of this Part 1.
Permits shall be issued for a specific time period, but not to exceed five years. The permittee shall submit such information, forms and fees as are required by Hoboken for renewal no later than 180 days prior to the date of expiration. If the permittee is not notified by Hoboken 30 days prior to the expiration of the permit, the permit shall be extended until such time as Hoboken reissues or denies a new permit.
A permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.
Any permittee who violates any conditions of the permit, this Part 1 or any applicable state or federal regulation is subject to revocation of its permit.
The terms and conditions of the permit may be subject to modification and change at any time by Hoboken. The permittee shall be informed of any proposed changes at least 30 days prior to the effective date of change. Any change or new conditions in the permit shall include a reasonable time schedule for compliance.
An industrial user proposing to make a significant change in its discharge rate or other characteristic shall apply for a permit modification at least 90 days prior to making any changes. The permittee may request, by certified mail, a hearing to show cause why a permit should not be modified.
Any discharger who proposes to discharge wastes in excess of the limitations given in Table 1 or in § 163-4B of this Part 1 shall apply to the superintendent for a special permit prior to any such discharge. The superintendent shall issue a special permit after determining on a case-by-case basis that the discharge will not:
Overload or interfere with the POTW.
Result in a violation of or exacerbate an already existing violation of the NJPDES or other state or federal permits or applicable consent order or judgment.
Result in violation of applicable water quality criteria.
It shall be unlawful for any person to discharge holding tank waste without first obtaining the written approval of the licensed operator. All liquid waste haulers shall discharge only at the point designated by the licensed operator and shall comply with all the provisions of this Part 1 or the industrial discharge permit.
All industrial users who discharge or propose to discharge wastewaters to the treatment works shall maintain such records of production and related factors, effluent flows and pollutant amounts or concentrations as are necessary to demonstrate compliance with the requirements of this Part 1 and any applicable state or federal pretreatment standard or requirement.
Such records or a summary of such records shall be made available upon request by the licensed operator. All such records relating to compliance with pretreatment standards shall be made available to officials of the NJDEP and the EPA upon demand. All records shall be retained for a minimum of five years and/or throughout the course of any related litigation.
The owner or operator of any facility discharging industrial wastes into the treatment works shall install, at its expense, suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of such wastes. Such equipment shall at all times be maintained in proper working order and kept safe, secure from unauthorized entry or tampering and accessible to authorized personnel. This provision does not preclude Hoboken from installing such equipment at its own expense.
When more than one industrial user can discharge into a common sewer, the licensed operator may require installation of separate monitoring equipment for each industrial user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single industrial user, the licensed operator may require that separate monitoring equipment be installed for each operation.
All monitoring facilities, whether on public or private property, shall be constructed in accordance with Hoboken requirements and all applicable construction standards and specifications. Plans and specifications for all such work shall be submitted to the licensed operator for approval as conforming to pretreatment requirements, prior to construction.
The licensed operator or its authorized representative, upon presentation of appropriate credentials, may enter upon the premises of any discharger at any time for the purpose of inspection of the premises and/or measuring, sampling and/or testing any discharge of wastewater to the treatment works in order to determine compliance with the requirements of this Part 1 and/or any federal, state or local statutes, regulations or ordinances.
All industrial users proposing to connect or continue to discharge into any part of the treatment works shall make available, upon request of the licensed operator, a sampling point which is representative of the discharge and is acceptable to and approved by the licensed operator. This point must be available to the POTW for purposes of conducting sampling inspections, compliance monitoring and/or metering operations.
Compliance determinations by the licensed operator with respect to Article II prohibitions and limitations shall be made on the basis of either instantaneous grab samples, sequential samples or composite samples. Sequential or composite samples may be taken over a twenty-four-hour period or any other time span as deemed appropriate by the licensed operator to meet the requirements of a specific situation.
Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits, monitoring programs or inspections shall be made available to the public without restriction unless the industrial user specifically requests otherwise and is able to demonstrate to the satisfaction of Hoboken that the release of such information would divulge information, processes or methods of production entitled to protection as either trade secrets or business confidentiality. Wastewater constituents and characteristics, including but not limited to effluent data, will not be recognized as confidential information.
Hoboken shall serve upon the furnisher of such confidential information by certified mail, return receipt requested, written notice of its intent to disclose such information and the person which properly requested such information at least 10 calendar days prior to such disclosure. Hoboken shall submit the claim of confidentiality with the information to the requesting person.
Nonconfidential files on both users, and the pretreatment program are open for public inspection. Requests for such review are to be made in writing, and appointments may be required.