A.
The federal "Clean Water Act Amendments of 1977," as amended, 33
U.S.C. § 1251 et seq. (1986), the New Jersey "Water Pollution
Control Act," N.J.S.A. 58:10A-1 et seq. (West 1982), and the New Jersey
"Pretreatment Standards for Sewerage, etc.," N.J.S.A. 58:11-49 et
seq., have resulted in a program of cleaning up our nation's
waters;
B.
Sewerage of the residents and commercial inhabitants of the City
of Union City is treated by the North Hudson Sewer Authority or Passaic
Valley Sewer Authority for the benefit of the residents and commercial
inhabitants of the City of Union City;
[Amended 5-21-2013]
C.
The City of Union City seeks to continue its utilization of the treatment
works and comply with all federal and state rules and regulations;
D.
The North Hudson Sewer Authority or Passaic Valley Sewer Authority
has already made and will continue to make a substantial financial
investment in its wastewater treatment system to achieve the goals
of the Acts; and
[Amended 5-21-2013]
E.
The North Hudson Sewer Authority or Passaic Valley Sewer Authority
seeks to provide for the use of its treatment works by industries
served by it without damage to the physical facilities, without impairment
of their normal function of collecting, treating and discharging domestic
wastewater, and without the discharge by the North Hudson Sewer Authority
or Passaic Valley Sewer Authority treatment works of pollutants which
would violate the discharge allowed under its New Jersey Pollutant
Discharge Elimination System (NJPDES) permit and the applicable rules
of all governmental authorities with jurisdiction over such discharges.
[Amended 5-21-2013]
A.
This article sets forth uniform requirements for all discharges into
the wastewater collection and treatment system of the North Hudson
Sewer Authority or Passaic Valley Sewer Authority and enables the
City of Union City to comply with all applicable state and federal
laws and regulations pertaining to wastewater treatment and industrial
pretreatment.
[Amended 5-21-2013]
B.
The objectives of this article are to:
(1)
Prevent the introduction of pollutants into the POTW which may interfere
with the operation of the system or contaminate the resulting sludge.
(2)
Prevent the introduction of pollutants into the POTW which may pass
through the system into receiving waters or into the atmosphere inadequately
treated or otherwise incompatible with the treatment system.
(3)
Improve the opportunity to recycle and reclaim sludge from the system.
(4)
Prevent the introduction of pollutants into the POTW which may preclude
the selection of the most cost-effective alternative for wastewater
treatment and sludge disposal.
C.
This article authorizes monitoring and enforcement activities, requires
industrial user reporting, and provides for the regulation of discharge
to the POTW through enforcement of general requirements for all discharges.
This article shall apply to all persons within the City of Union
City and to persons outside the City who are, by contract or agreement
with the City, dischargers to the POTW.
B.
ACT
APPROVED TEST PROCEDURE
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUSINESS CONFIDENTIALITY
CHEMICAL OXYGEN DEMAND (COD)
COMPATIBLE POLLUTANT
COOLING WATER
DISCHARGE
DOMESTIC WASTEWATER
EFFLUENT DATA
EPA
FEDERAL CATEGORICAL PRETREATMENT STANDARDS
FISCAL YEAR
GARBAGE
HOLDING TANK WASTE
INCOMPATIBLE POLLUTANT
INDUSTRIAL PROCESS WASTEWATER
INDUSTRIAL USER
INTERFERENCE
(1)
(2)
(3)
LICENSED OPERATOR
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES)
NJDEP
pH
POLLUTANT
PRETREATMENT
PRETREATMENT STANDARDS
PUBLICLY OWNED TREATMENT WORKS (POTW)
SIGNIFICANT INDUSTRIAL USERS (SIU)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STATE ACT
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS (SS)
TOXIC POLLUTANT
TREATMENT WORKS
TREATMENT WORKS PLANT
WASTEWATER
Terms not otherwise defined herein shall be as adopted in the latest
edition of Standard Methods for the Examination of Water and Wastewater,
published by the American Public Health Association, the American
Water Works Association and the Water Pollution Control Federations;
the "Federal Guidelines for State and Local Pretreatment Programs,"
EPA-430/9-76-017a, volume 1, 1977, or the latest revision thereof;
the Clean Water Act, 33 U.S.C. § 1251 et seq.; the New Jersey
"Water Pollution Control Act," N.J.S.A. 58:10A-1 et seq.; or "Pretreatment
Standards for Sewerage, etc.," N.J.S.A. 58:11-49 et seq.
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
(1986).
All analysis performed in accordance with the analytical
test procedures approved under 40 CFR 136, as amended. Analysis for
those pollutants not covered therein shall be performed in accordance
with procedures approved by the NJDEP.
An authorized representative of an industrial user may be:
A principal executive officer of at least the level of vice
president if the industrial user is a corporation; or
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively; or
A duly authorized representative of the individual designated
above if such representative is responsible for the overall operation
of the regulated facility, such as a plant manager, licensed operator
or person of equivalent responsibility.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures in five days
at 20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)], in accordance with an approved test procedure.
The standard for business confidentiality shall be that found
in 40 CFR Part 2, as amended.
A measure of the oxygen-consuming capacity of inorganic and
organic matter present in water or wastewater expressed as the amount
of oxygen consumed by a chemical oxidant in accordance with an approved
test procedure.
Biochemical oxygen demand, suspended solids, pH and fecal
coliform bacteria, and such additional pollutants as are now or may
be in the future specified and controlled in the North Hudson Sewer
Authority's or Passaic Valley Sewer Authority's NJPDES permit.
[Amended 5-21-2013]
Any water used for the purpose of carrying away excess heat
and which may contain biocides used to control biological growth or
other additives to protect the system against corrosion, scaling or
other deterioration.
The releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of a pollutant into the waters of the state or
onto the land or into wells from which the pollutant might flow or
drain into such waters, including, but not limited to, the release
of any pollutant into the treatment works.
The liquid waste or liquid-borne waste:
Information necessary to determine the identity, amount,
frequency, concentration, temperature or other characteristics of
any pollutant discharge.
The United States Environmental Protection Agency.
Pretreatment Standards as codified in 40 CFR Chapter I, Subchapter
N (1986), specifying quantities or concentrations of pollutants or
pollutant properties which may be discharged or introduced to a POTW
by existing or new industrial users in specific industrial subcategories.
The fiscal year of the City.
Solid wastes from the domestic and commercial preparation,
cooking, dispensing, handling, storage and/or sale of food.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
Any pollutant which is not a compatible pollutant as defined
in this section.
In addition to any groundwater, surface water and stormwater
from the site which is introduced into a treatment works, the liquid
waste or liquid-borne waste resulting from the processes employed
by any person identified in the Standard Industrial Classification
Manual, 1972, Office of Management and Budget, as amended and supplemented
under one of the following divisions:
Any person who discharges, causes or permits the discharge
of nondomestic wastewater into the treatment works.
Inhibiting or disrupting the operation of a POTW or its treatment
process so as to contribute to, cause or increase a violation of any
condition of a state or federal permit under which the POTW operates;
Discharging industrial process wastewater which, in combination
with existing domestic flows, is of such volume and/or strength as
to exceed the POTW design capacity or that approved by the licensed
operator; or
Preventing the use or disposal of sludge produced by the POTW
in accordance with Section 405 of the Act and regulations, criteria
or guidelines developed pursuant to the Federal Resource Conservation
and Recovery Act of 1976, 42 U.S.C. § 3251 et seq. (1977),
the Federal Clean Air Act, 42 U.S.C. § 7401 et seq. (1977),
the Federal Toxic Substances Control Act, 15 U.S.C. § 2601
et seq. (1982), Sections 2, 4 and 6 of the State Act and, to the extent
practicable, the New Jersey Guidelines for the Utilization and Disposal
of Municipal and Industrial Sludges and Septage.
The Superintendent of the North Hudson Sewer Authority or
Passaic Valley Sewer Authority. See "Superintendent."
[Amended 5-21-2013]
The program for issuing, conditioning and denying permits
for the discharge of pollutants from point sources into the navigable
waters, the contiguous zone and the oceans pursuant to Section 402,
Clean Water Act,[1] N.J.A.C. 7:14A-1.1 et seq.
The New Jersey system for issuing, modifying, suspending,
revoking and reissuing, terminating, monitoring and enforcing discharge
permits pursuant to the State Act. The term also includes discharge
permits (NPDES) issued pursuant to Section 402 of the Act.[2]
The New Jersey Department of Environmental Protection.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions in moles per liter of solution. Solutions with a
pH greater than seven are said to be basic; solutions with a pH less
than seven are said to be acidic; pH equal to seven is considered
neutral. Analysis shall be performed in accordance with an approved
test procedure.
Any dredged spoil, solid waste, holding tank waste, incinerator
residue, sewerage, garbage, refuse, oil, grease, sewerage sludge,
septage, munitions, chemical wastes, biological materials, radioactive
substance, thermal waste, wrecked or discarded equipment, rock, sand,
cellar dirt and industrial, municipal or agricultural waste or other
residue directly or indirectly discharged into the waters of the state,
the introduction of which renders these waters detrimental or immediately
or potentially dangerous to the public health or unfit for public
or commercial use.
The application of physical, chemical and/or biological processes
to reduce the amount of pollutants in, or alter the nature of the
polluting properties of, wastewater prior to discharging such wastewater
into a sewerage system or treatment works.
All applicable federal or state rules and regulations implementing
Section 307 of the Act[3] or N.J.S.A. 58:11-49, as well as any nonconflicting state
or local standards. In cases of conflicting standards or regulations,
the more stringent thereof shall be applied.
A treatment works as defined by Section 212 of the Act,[4] which is owned in this instance by the North Hudson Sewer
Authority or Passaic Valley Sewer Authority or any other public body
or authority. For the purposes of these sections, "POTW" shall also
include any sewers that convey wastewaters to the POTW from persons
outside the North Hudson Sewer Authority or Passaic Valley Sewer Authority
who are, by contract or agreement, dischargers to the North Hudson
Sewer Authority's or Passaic Valley Sewer Authority's POTW.
[Amended 5-21-2013]
Any user, excluding municipal collection systems, who discharges
on any one day wastewater into a POTW where:
The volume of industrial process wastewater exceeds 25,000 gallons
per day; or
The amount of BOD, COD or suspended solids in the industrial
process wastewater discharge exceeds the mass equivalent of 25,000
gallons per day of the domestic waste of the affected POTW; or
The volume of industrial process wastewater in the discharge
exceeds 5% or more of the average daily flow of the POTW; or
The discharge of industrial process wastewater contributes,
prior to any pretreatment, 5% or more of the daily mass loading of
any of the pollutants listed in N.J.A.C. 7:14A, Appendix B,[5] Tables II through VI; or
The user is determined to be a hazardous waste facility under
N.J.A.C. 7:26-12 and meets the requirements of N.J.A.C. 7:14A-4.2(b)(1);
or[6]
The user is determined to be an industrial waste management
facility under N.J.A.C. 7:14A-4;[7] or
The user has been found by the NJDEP to be in violation of state
laws or regulations, or local ordinances concerning environmental
issues; or
The discharge consists of landfill leachate, either pure or
diluted by groundwater or surface runoff; or
The discharge consists of significant quantities of polluted
groundwater which is pumped from the ground in order to decontaminate
an aquifer; or
The NJDEP determines it would be consistent with the intent
of the Pretreatment Act or State Act to require a permit for the indirect
discharger; or
The industrial user is subject to Federal Categorical Pretreatment
Standards.
A classification pursuant to the Standard Industrial Classification
Manual, 1972 (as revised), issued by the Executive Office of the President,
Office of Management and Budget.
The State of New Jersey.
The New Jersey "Water Pollution Control Act," N.J.S.A. 58:10A-1
et seq.
The runoff or discharge of rain and melted snow or other
clean water from roofs, surfaces of public or private lands or elsewhere.
It shall not include the flow of any natural watercourse even though
such flow is augmented by above-defined stormwater. In general, stormwater
shall include only water which is sufficiently clean and unpolluted
to admit of being discharged, without treatment or purification, into
any natural watercourse without offense.
The Superintendent (licensed operator of the wastewater treatment
system, of water pollution control, or of public works) of the North
Hudson Sewer Authority or Passaic Valley Sewer Authority, or his/her
duly appointed deputy, agent or representative.
[Amended 5-21-2013]
The total nonfilterable residue, as defined in Manual of
Methods for Chemical Analysis of Water and Wastes, and analyzed in
accordance with an approved test procedure.
Those pollutants, or combinations of pollutants, including
disease-causing agents, which, after discharge and upon exposure,
ingestion, inhalation or assimilation into any organism, either directly
or indirectly by ingestion through food chains, on the basis of information
available to the Commissioner of the NJDEP, may cause death, disease,
behavioral abnormalities, cancer, genetic mutations, physiological
malfunctions, including malfunctions in reproduction, or physical
deformation in such organisms or their offspring. Toxic pollutants
shall include, but not be limited to, those pollutants designated
under Section 307 of the Federal Act or Section 4 of the State Act.[8]
Any device or system, whether public or private, used in
the storage, treatment, recycling or reclamation of municipal or industrial
waste of a liquid nature, including intercepting sewers; outfall sewers;
sewage collection systems; cooling towers and ponds; pumping, power
and other equipment and their appurtenances; extensions, improvements,
remodeling, additions and alterations thereof; elements essential
to provide a reliable recycled supply, such as standby treatment units
and clear well cooling water facilities; any other works, including
sites for the treatment process or for ultimate disposal of residues
resulting from such treatment; any other method or system for preventing,
abating, reducing, storing, treating, separating or disposing of pollutants,
including stormwater runoff, or industrial waste in combined or separate
stormwater and sanitary sewer systems. The term "treatment works"
shall not be construed to include any facility subject to the requirements
of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.
That portion of the treatment works designed to provide treatment
to wastewater.
The liquid and water-carried wastes from dwellings, commercial
buildings, industrial facilities and institutions, together with any
groundwater, surface water and stormwater that may be present, whether
treated or untreated, which is discharged into or permitted to enter
any treatment works.
[1]
Editor's Note: See 33 U.S.C. § 1342.
[2]
Editor's Note: See 33 U.S.C. § 1342.
[3]
Editor's Note: See 33 U.S.C. § 1317.
[4]
Editor's Note: See 33 U.S.C. § 1292.
[5]
Editor's Note: N.J.A.C. 7:14A, Appendix B, was repealed by
R. 1997, d. 107, effective 5-5-1997.
[6]
Editor's Note: N.J.A.C. 7:26-12 was repealed by R. 1996, d.
500, effective 10-21-1996, and N.J.A.C. 7:14A-4.2(b)(1) was repealed
by R. 1997, d. 107, effective 5-5-1997.
[7]
Editor's Note: N.J.A.C. 7:14A-4, Additional Requirements for
an Industrial Waste Management Facility, was repealed by R. 1997,
d. 107, effective 5-5-1997.
[8]
Editor's Note: See 33 U.S.C. § 1317 and N.J.S.A.
58:10A-4, respectively.
The following abbreviations shall have the designated meanings:
BOD
|
Biochemical oxygen demand
|
CFR
|
Code of Federal Regulations
|
COD
|
Chemical oxygen demand
|
EPA
|
Environmental Protection Agency
|
l
|
Liter
|
mg
|
Milligrams
|
mg/l
|
Milligrams per liter (i.e., parts per million)
|
N.J.A.C.
|
New Jersey Administrative Code
|
N.J.S.A.
|
New Jersey Statutes Annotated
|
NJPDES
|
New Jersey Pollutant Discharge Elimination System
|
NPDES
|
National Pollutant Discharge Elimination System
|
POTW
|
Publicly owned treatment works
|
SIC
|
Standard Industrial Classification
|
TSS
|
Total suspended solids
|
USC
|
United States Code
|
A.
Prohibited discharges. No person shall discharge, deposit, cause
or allow to be discharged or deposited into the North Hudson Sewer
Authority's or Passaic Valley Sewer Authority's treatment works
any wastewater which significantly contributes to a violation of the
North Hudson Sewer Authority's or Passaic Valley Sewer Authority's
NJPDES permit, or which contains any of the following:
[Amended 5-21-2013]
(1)
Oil and grease:
(a)
Oil and grease from industrial facilities, in concentrations
or amounts violating pretreatment standards; such oil and grease include,
but are not limited to, petroleum-based hydrocarbons as determined
by silica gel absorption.
(b)
Wastewater from commercial and/or industrial facilities containing
floatable fats, wax, grease or oil.
(c)
Fats, wax, grease or oil with a total concentration of more
than 100 mg/l, whether emulsified or not, or containing substances
which may solidify or become viscous at temperatures between 32°
F. and 150° F., 0° C. and 65° C., at the point of discharge
into the treatment works.
(2)
Explosive and/or flammable substances: liquids, solids or gases which,
by reason of their nature or quantity, may be sufficient, either alone
or by interaction with other substances, to cause fire or explosion
or be injurious in any way to the treatment works or the operations
of the works. Such materials include, but are not limited to, gasoline,
kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates, bromates, carbides,
hydrides and sulfides.
(3)
Noxious substances: pollutants which, either singly or by interaction
with other wastes, are malodorous, are capable of creating a public
nuisance or hazard to life or health or whose concentrations prevent
their entry into the treatment works.
(4)
Improperly shredded garbage: garbage, except domestic wastewater
discharged from garbage disposal units in private dwellings, that
has not been ground or comminuted to such a degree that all particles
float or carry freely in suspension under flow conditions normally
prevalent in the treatment works or which contains particles of a
size greater than 1/2 inch in any dimension.
(6)
Solid or viscous wastes: solid or viscous wastes which may obstruct
either the flow of sewerage in the sewer system or the operation of
the treatment works. Such wastes include, but are not limited to,
grease, improperly shredded garbage, animal guts or tissues, diseased
human organs or tissue fluids, paunch manure, bones, hair, hides or
fleshings, entrails, whole blood, feathers, ashes, cinders, sand,
spent lime, stone or marble dust, metal, glass, straw, shavings, grass
clippings, rags, spent grains, spent hops, wastepaper, wood, plastic,
tar, asphalt residues and residues from refining or processing of
fuel or lubricating oil. Certain wastes may be prohibited at the discretion
of the licensed operator.
(7)
Excessive discharge: notwithstanding any other provision of these
sections, any pollutant, including oxygen-demanding pollutants, discharged
in a volume or strength that may cause interference with the treatment
works.
(8)
Toxic discharge: toxic pollutants in a quantity, either singly or
by interaction with other pollutants, that passes through or interferes
with the treatment works plant or that exceeds standards promulgated
by either the EPA pursuant to Section 307(a) of the Act or the NJDEP
pursuant to Section 4 of the State Act[2] or that exceeds the maximum permissible concentrations
specified in Table 1 below.
[2]
Editor's Note: See 33 U.S.C. § 1317(a) and N.J.S.A.
58:10A-4, respectively.
(9)
Certain stormwater: stormwater, including surface water and groundwater,
either discharged by gravity or from sump pumps, except where the
user is served by combined sewers and cannot discharge this water
directly to a surface watercourse.
(10)
Discolored materials: wastes that may cause the water of the
treatment works to exceed appropriate color criteria.
(11)
Substances interfering with sludge management: any substance
which may cause sludge to be unsuitable for reclamation and reuse;
which may interfere with the reclamation process of the POTW; which
may preclude the POTW from selecting the most cost-effective alternative
for sludge disposal; or which may cause the POTW to be in noncompliance
with sludge use or disposal criteria, guidelines or regulations developed
under Section 405 of the Act,[3] or any criteria, guidelines or regulations affecting sludge
use or disposal developed pursuant to the Solid Waste Disposal Act,[4] the Clean Air Act,[5] the Toxic Substances Control Act[6] or, to the extent practicable, the "New Jersey Guidelines
for the Utilization and Disposal of Municipal and Industrial Sludges
and Septage."
(12)
Corrosive wastes: any waste which may cause corrosion or deterioration
of the treatment works, including, but not limited to, concentrated
acids, alkalies, sulfides, chloride and fluoride compounds and substances
which will react with water to form products which have a pH value
lower than 6.0 standard units or greater than 9.0 standard units.
(13)
Heat: heat which may inhibit biological activity in the treatment
works, including, but not limited to, heat of a temperature in excess
of 65° C., 150° F., at the sewer connection or 400° C.,
104° F., at the treatment works plant.
B.
Limitations on wastewater discharges.
(1)
Table 1 limitations. Table 1 presents the maximum concentrations of certain pollutants allowable in wastewater discharged to the treatment works by any discharger. Dilution of any wastewater discharge for the purpose of satisfying these requirements shall be considered a violation of this section. The North Hudson Sewer Authority or Passaic Valley Sewer Authority reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the treatment works if deemed necessary to comply with objectives presented in § 342-2.
[Amended 5-21-2013]
Table 1
Maximum Permissible Concentration
| ||
---|---|---|
Pollutant
|
Daily Maximum
(mg/l)
| |
Ammonia
|
100
| |
Arsenic
|
0.1
| |
Cadmium
|
0.7
| |
Chromium (total)
|
3.0
| |
Chromium (hexavalent)
|
0.5
| |
Copper
|
3.4
| |
Cyanide
|
1.2
| |
Lead
|
0.7
| |
Mercury
|
0.01
| |
Nickel
|
4.0
| |
Phenols
|
10.0
| |
Silver
|
0.5
| |
Zinc
|
3.0
|
(2)
Design parameters. No significant industrial user shall discharge wastes with a pH less than 6.0 or greater than 9.0, or in excess of the limitations given either in Table 1 or below, without having first obtained a special permit pursuant to § 342-9D.
Pollutant
|
Daily Maximum
(mg/l)
| |
---|---|---|
BOD
|
250
| |
TSS
|
190
| |
Oil and grease
|
100
|
C.
Federal Categorical Pretreatment Standards. If the federal standard
for a particular industry, pursuant to the Federal Categorical Pretreatment
Standard, and/or a state standard is more stringent than the standard
imposed under this article, then the federal and/or state standard
shall apply. Affected industrial users shall comply with the appropriate
standard within the stated compliance deadline. NJDEP shall attempt
to notify affected industrial users of the applicable reporting requirements
under 40 CFR 403.12, but failure to notify does not relieve such persons
of the obligation to comply with such reporting requirements.
D.
Federal and state requirements. Federal and state requirements and
limitations on discharges shall apply in any case where they are more
stringent than limitations contained in this article.
E.
Excessive discharge. No industrial user shall in any way dilute a
discharge to achieve compliance with Federal Categorical Pretreatment
Standards, state limitations or any other pollutant-specific limitation
contained in this article.
F.
Residential wastewater. All residences shall be connected to the
POTW. Where residential sewer service is unavailable, such residences
shall be connected to the POTW within 180 days after residential sewer
service becomes available to such property.
G.
Connections. All new sewers and connections to the POTW shall be
properly designed and constructed in accordance with all applicable
federal, state and local rules and regulations.
A.
Regulatory actions. If wastewaters containing any prohibited substance exceeding prescribed limits or violating restrictions imposed by § 342-6 of this article are discharged, or proposed to be discharged into the treatment works of the North Hudson Sewer Authority or Passaic Valley Sewer Authority, the licensed operator may take any of the following actions necessary to protect the treatment works:
[Amended 5-21-2013]
(1)
Prohibit the discharge of such wastewater.
(2)
Require the discharger to demonstrate that in-plant modifications
will bring such discharge into conformance with this article.
(3)
Require pretreatment, including, but not limited to, storage facilities
or flow equalization necessary to ensure compliance with this article.
(4)
Require the discharger to pay all additional costs of damage incurred
by North Hudson Sewer Authority or Passaic Valley Sewer Authority
as a result of such excess loads.
(5)
Take such other remedial action, including, but not limited to, discontinuation
of service and/or injunctive relief, as may be deemed to be desirable
or necessary to achieve the purpose of this article.
B.
Accidental discharges.
(1)
Preventive measures. Each industrial user shall provide protection
against accidental discharge of prohibited materials or substances
regulated by this article, including, but not limited to, protective
facilities. Such industrial users shall provide and maintain such
protective facilities at their expense. Upon the request of the licensed
operator, the industrial user shall submit detailed plans prior to
construction showing facilities and operating procedures for review
and comment by the licensed operator.
(2)
Notification; containment.
(a)
In the case of an accidental discharge by an industrial user
of prohibited materials or other substances regulated by this article,
or if for any reason an industrial user does not comply, or will be
unable to comply, with any prohibition or limitation in this article,
the industrial user responsible for such discharge shall immediately
telephone and notify the POTW of the incident. The notification shall
include location of discharge, type of waste, concentration and volume.
(b)
Furthermore, such industrial user shall take immediate action
to contain and minimize the accidental discharge to the POTW.
(3)
Report; damages.
(a)
North Hudson Sewer Authority or Passaic Valley Sewer Authority
may require the industrial user to submit to the licensed operator
a detailed written report of an accidental or noncomplying discharge
describing the date, time, cause, quantity and characteristics of
the discharge, any corrective action already taken and any preventative
measures to be taken to prevent similar future occurrences.
[Amended 5-21-2013]
(b)
Such notification shall not relieve the industrial user of liability
for any damage to person or property, nor shall such notification
relieve the industrial user of fines, civil penalties or other liability
which may be imposed under any applicable law.
Wastewater discharge. It shall be unlawful for any industrial
user to discharge sewerage combined with wastes directly or indirectly
into the treatment works without having satisfied all applicable terms
of this article.
A.
Wastewater discharge data disclosure. 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 article;
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:
(1)
Name, address and location of the industrial user.
(2)
Name and phone number of contact person.
(3)
Standard Industrial Classification (SIC) Code.
(4)
Description of activities and products manufactured.
(5)
Average daily wastewater flow or water consumption.
(6)
Nature and concentration of pollutants or materials regulated by
this article.
B.
Data disclosure by significant industrial users.
(1)
Significant industrial users are required, upon request, to submit
the following information to the Superintendent:
(a)
Disclosure of name, address and location of the industrial user.
(b)
Disclosure of Standard Industrial Classification (SIC) Code.
(c)
Disclosure of wastewater constituents and characteristics, including,
but not limited to, those mentioned in this article, 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 Part 136.
(d)
Disclosure of time and duration of discharges.
(e)
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 the North Hudson Sewer Authority
or Passaic Valley Sewer Authority are used.
[Amended 5-21-2013]
(f)
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.
(g)
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.
(h)
Disclosure of the nature and concentration of any pollutants
or materials prohibited by this article in the discharge, together
with a statement stating whether or not compliance with this article
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 article.
(i)
Where additional pretreatment and/or operation and maintenance
activities will be required to comply with this article, 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.
(j)
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.
(k)
Disclosure of the type and amount, in average per day and maximum
per day, of raw materials utilized.
(2)
All disclosure forms shall be signed by an authorized representative
of the user and a qualified engineer holding a New Jersey state license.
C.
Industrial discharge permits.
(1)
Application; time; form. Existing significant industrial users shall
apply for an industrial discharge permit, hereinafter called "permit,"
within 90 calendar days after the effective date of this article.
New significant industrial users, as defined by N.J.A.C. 7:14A-1.1
et seq., shall apply for the permit at least 120 days prior to their
connection into the treatment works. All significant industrial users
who discharge sewage shall do so in accordance with the terms and
conditions of the permit. The application form and required information
for such permit shall be at the discretion of Union City.
(2)
Approval or denial. Union City 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.
(3)
Terms and conditions. Permits shall be expressly subject to all provisions
and conditions of this article and all other rules, regulations, user
charges and fees which are in effect or which may be established by
Union City. The following terms may be imposed by Union City in the
issuance of the permit:
(a)
Limitations upon the characteristics, quantities and the rate
of flow of wastes.
(b)
The installation and maintenance by the permittee, at its sole
expense, of:
[1]
Facilities or equipment for measurement of sewage, industrial
wastes or other wastes discharged.
[2]
Detention tanks or other facilities or equipment for reducing
the maximum rates of discharge.
[3]
Pretreatment and flow-control facilities with suitable control
or sampling methods.
[4]
Grease, oil and sand interceptors, separators or traps.
(c)
The submission to and approval by the North Hudson Sewer Authority
or Passaic Valley Sewer Authority 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.
[Amended 5-21-2013]
(d)
Maintenance of appropriate records of all measurements made
by the permittee of sewage, industrial wastes or other wastes, as
specified by Union City, with access thereto by Union City.
(e)
The periodic submission to Union City of reports setting forth
adequate data of the contents of the discharge, from which the North
Hudson Sewer Authority or Passaic Valley Sewer Authority 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.
[Amended 5-21-2013]
(f)
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.
(g)
Requirements for notification of Union City 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.
(h)
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.
(i)
Requirements for notification of accidental discharges.
(j)
Such other terms and conditions as may be necessary to protect
the treatment works and to carry out the intent and provisions of
this article.
(4)
Duration of permit. Permits shall be issued for a specified time
period, but not to exceed five years. The permittee shall submit such
information, forms and fees as are required by Union City for renewal
no later than 180 days prior to the date of expiration. If the permittee
is not notified by Union City 30 days prior to the expiration of the
permit, the permit shall be extended until such time as Union City
reissues or denies a new permit.
(5)
Transfer prohibited. A permit shall not be reassigned, transferred
or sold to a new owner, new user, different premises or a new or changed
operation.
(6)
Revocation. Any permittee who violates any conditions of the permit,
this article, or any applicable state or federal regulation is subject
to revocation of its permit.
(7)
Modification of terms of permit by Union City. The terms and conditions
of the permit may be subject to modification and change at any time
by Union City. 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.
(8)
Modification of terms by permittee. 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 be modified.
D.
Excessive discharge; special permit. Any discharger who proposes to discharge wastes in excess of the limitations given in § 342-6B(1), Table 1, or in § 342-6B(2) of this article 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:
E.
Liquid waste haulers. 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 article and the industrial discharge
permit.
F.
Records and monitoring.
(1)
Maintenance of records. 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 article and any applicable state or
federal pretreatment standard or requirement.
(2)
Availability of records. 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.
(3)
Monitoring discharge. The owner or operator of any facility discharging
industrial wastes into the treatment works shall install, at his/her
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 and secure from unauthorized entry or tampering and accessible
to authorized personnel. This provision does not preclude Union City
from installing such equipment at its own expense.
(4)
Individual monitoring of common sewer. 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.
(5)
Standards for monitoring facilities; prior approval. All monitoring
facilities, whether on public or private property, shall be constructed
in accordance with North Hudson Sewer Authority or Passaic Valley
Sewer Authority requirements and all applicable construction standards
and specifications. Plans and specifications for all such work shall
be submitted to the licensed operator for approval and conforming
to pretreatment requirements prior to construction.
[Amended 5-21-2013]
G.
Admission to property; inspection, sampling and analysis.
(1)
Access to premises. 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 article and/or any federal, state or
local statutes, regulations or ordinances.
(2)
Access to sampling point. 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.
(3)
Sampling. Compliance determinations by the licensed operator with respect to the prohibitions and limitations set forth in § 342-6 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.
(4)
Analysis. Laboratory analyses of industrial wastewater samples shall be performed in accordance with an approved test procedure, as defined in § 342-4 herein. Analyses shall be performed by a laboratory certified by the NJDEP to do the analyses and at such intervals as the licensed operator may designate.
H.
Confidential information and public access.
(1)
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 Union City 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.
(2)
Union City 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 who properly requested
such information at least 10 calendar days prior to such disclosure.
Union City shall submit the claim of confidentiality with the information
to the requesting person.
(3)
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.
A.
Suspension of service.
[Amended 5-21-2013]
(1)
Union City may suspend the wastewater treatment service and/or any
permit when, in the opinion of Union City, such suspension is necessary
in order to halt an actual or threatened discharge which presents,
or may present, an imminent or substantial endangerment to the health
or welfare of persons, to the environment, which may cause interference
to the POTW or which may cause North Hudson Sewer Authority or Passaic
Valley Sewer Authority to violate any condition of its NJPDES permit.
(2)
Any person notified of a suspension of the wastewater treatment service
and/or the industrial discharge permit shall immediately stop or eliminate
its discharge. In the event of a failure to voluntarily comply with
the suspension order, Union City may take such steps as are deemed
necessary, including, but not limited to, immediate severance of the
sewer connection to prevent or minimize damage to the North Hudson
Sewer Authority or Passaic Valley Sewer Authority system or endangerment
to any individuals. Union City shall reinstate the wastewater treatment
service and/or industrial discharge permit upon proof of the elimination
of the noncomplying discharge. A detailed written statement submitted
by the discharger describing the causes of the harmful contribution
and the measures taken to prevent future occurrence shall be submitted
to Union City within 15 days of the date of occurrence.
B.
Termination of service. In addition to termination as provided in § 342-10A, any discharger who violates the following conditions of this article, or any applicable state or federal statutes or regulations, is subject to having its service terminated or any permit suspended or revoked:
C.
Legal action.
(1)
Any person who is found to have willfully or negligently failed to
comply with any provision of this article, or the orders and permits
issued hereunder, may be subject to civil action in accordance with
the provisions of New Jersey state statutes. Each day on which a violation
occurs or continues to occur shall be deemed a separate and distinct
offense. Violators may be subject to a penalty of up to $1,000 for
each offense. Violators of offenses resulting in or exacerbating violations
of POTW NJPDES, air or other state or federal permit, consent order
or judgment may be subject to a penalty by the POTW of up to $10,000
for each offense, plus damages, including, but not limited to, legal
fees.
(2)
Upon finding any violation of this article, or of limitations or
requirements contained herein, the licensed operator shall serve upon
such violator written notice stating the nature of the violation and
provide a reasonable time, but not to exceed 30 calendar days, for
the satisfactory correction thereof. If the user cannot achieve compliance
within 30 calendar days, then the user shall submit a response stating
why it cannot so comply and, if necessary, shall submit, within such
30 days, an application for issuance or revision of a permit or other
approval as may have been granted. Union City may suspend sewer service
without such notification when such suspension is necessary, in the
opinion of Union City, to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to
the health or welfare of the community.
(3)
The City may institute a civil action in the Superior Court, or other
court of competent jurisdiction, for injunctive relief to prohibit
and prevent any violation of this article, any pretreatment standard
or any regulations promulgated thereunder.
D.
Falsification of information. Any person who knowingly makes any
false statements, representations or certifications in any application,
record, report, plan or other document filed or required to be maintained
pursuant to this article or any applicable laws, rules or regulations,
or who falsifies, tampers with or knowingly renders inaccurate any
monitoring device or method required to be maintained pursuant to
this article, shall be in violation of this article.