[HISTORY: Adopted by the Board of Commissioners of the City of Union City 1-7-1997 as § 6-12 of the 1996 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 342.
A. 
It is hereby declared that pollution of the waters in and about the City of Union City presents serious problems of health and safety to the citizens of the City. For the purpose of controlling and reducing these health and safety hazards, it is declared to be the policy of this City to minimize water pollution and, in furtherance of this policy, to coordinate these efforts with the New Jersey Department of Environmental Protection (NJDEP) and the United States Environmental Protection Agency.
B. 
The waters bordering the City and other area municipalities are polluted or threatened by pollution from sewage, industrial and other wastes.
C. 
The United States Environmental Protection Agency and New Jersey Department of Environmental Protection pursuant to law have mandated substantial upgrading of the treatment of sewage originating within the City and other area municipalities.
D. 
The most effective and cost efficient means of complying with this mandate is for the City to pump and transmit portions of its sewage to the Hoboken, Union City, Weehawkin Sewerage Authority wastewater treatment facilities and the Jersey City Sewerage Authority, hereinafter referred to as the "treatment facilities."
E. 
The treatment facilities are willing to accept and treat the City's sewage on the condition that the City agrees to comply with and enforce the applicable rules and regulations as they now exist or may be amended.
As used in this chapter, the following terms shall have the meanings indicated:
DISCHARGE
An intentional or unintentional action or omission resulting in 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 pollutants might flow or drain into such waters or into waters or onto lands outside the jurisdiction of the state, which pollutant enters the water of the state.
GARBAGE
Improperly shredded garbage, except domestic wastewater discharge 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 facilities.
NATURAL OUTLET
An outlet, including storm sewers and combined sewers, overflows into a watercourse, pond, ditch, lake or other body of surface or groundwater, including the Passaic River or any of its tributaries.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of groundwater, stormwater and surface waters that are not admitted intentionally.
SANITARY WASTE
Waste derived principally from dwellings, office buildings and sanitary conveniences. When segregated from industrial wastes, sanitary waste may come from industrial plants or commercial enterprises.
SEWAGE
The spent water of a community. The preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
STORM DRAIN (sometimes called STORM SEWER)
A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
No person shall deposit or discharge, or cause to be deposited or discharged, into any body of water within the City or into any public sewer, drain or laterals connected therewith, or on or about any street or public place, or upon any private property in such a manner that it may run into any street, sewer, drain, lateral or public place or onto any other private property, any substance which causes or contains the following:
A. 
Explosive wastes. Wastes in such quantity that may create a fire or explosion hazard either alone or by interaction with other substances.
B. 
Corrosive wastes. Wastes in such quantity that will cause corrosion or deterioration of the treatment facilities' system.
C. 
Solids or viscous wastes. Wastes in amounts which will cause obstruction to the flow in a sever or otherwise interfere with proper operation of the treatment facilities' system.
D. 
Oils and grease. Wastes containing floatable fats, wax, grease or oils in excess of 100 milligrams per liter.
E. 
Noxious materials. Noxious or malodorous solids, liquids or gases sufficient in quantity, either alone or by interaction with other wastes, capable of creating a public nuisance or health hazard.
F. 
Radioactive wastes. Wastes in such quantity that may cause damage or hazards to the treatment facilities' system or personnel operating the system.
G. 
Unpolluted water. Any water, such as cooling water and stormwater, which will increase the hydraulic load on the treatment facilities' system.
H. 
Dilution water. Wastes which cause the treatment facilities' system shall not be discharged to the sanitary sewer in any concentrations.
I. 
Interference. Any waste released in a discharge at a flow rate and/or polluted concentration which the discharger knows or has reason to know will interfere with the treatment facilities' system.
J. 
Excessive discharge rate. Wastes discharged in a slug or such volume or strength so as to cause a treatment process upset and subsequent loss of treatment efficiency.
K. 
Heat. Any discharge in excess of 150° F. or in amounts that will inhibit biological activity resulting in treatment process upset and subsequent loss of treatment efficiency.
L. 
Improperly shredded garbage. Garbage, not sufficiently ground or comminuted to such a degree that all particles float or carry freely in suspension under normal flow conditions.
M. 
Discolored materials. Materials that may cause the treatment facilities to exceed appropriate color criteria.
N. 
Medical waste. Any solid waste which is generated in the diagnosis, treatment (for example, provision of medical services) or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. The term does not include any hazardous waste identified or listed under 40 CFR Part 61 or any household waste generated from home self-care.
O. 
Hazardous substances and wastes. Any hazardous substance, hazardous wastes, or both, as such terms may be designated by federal and/or state law, including but not limited to the Spill Compensation and Control Act, and the Comprehensive Environmental Response Compensation and Liability Act, unless the discharge of such substances and/or wastes are in compliance with the terms and conditions of a valid NJPDES permit.
P. 
Petroleum products. Any bituminous liquid that is essentially a complex mixture of hydrocarbons of different types with small amounts of other substances, such as compounds of oxygen, sulfur or nitrogen, or metallic compounds, or any of the useful liquid products obtained from such a liquid by various refining processes, such as fractional distillation, cracking, catalytic reforming, alkylation and polymerization. This term shall include, but not be limited, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes and crude oils.
Q. 
Other. Any other material specifically prohibited by the rules and regulations of the treatment facilities as they now exist or may be amended.
It shall be unlawful to discharge into any natural outlet within the City any wastewater or other polluted waters, except where suitable treatment has been provided and where a National Pollution Discharge Elimination System permit has been obtained from the appropriate governmental authority, where required.
No person shall make connection on roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or drain, which in turn is connected directly or indirectly to a public sanitary sewer unless approved by the City for purposes of disposal of polluted surface drainage.
All users of the wastewater facilities shall comply with the requirements of the written rules and regulations of all of the treatment facilities which have been adopted and which from time to time shall have been amended, which regulations shall become effective upon filing of certified copies in the office of the City Clerk after the effective date of this chapter. Copies of all such regulations shall be available for inspection in the office of the City Clerk during business hours.
The only exceptions to the prohibitions contained in § 425-3 shall be discharges for which the United States Environmental Protection Agency, the NJDEP and formally delegated utility authority, as authorized by NJDEP or other authorized agent, has issued a permit under either the federal or New Jersey water pollution control statutes, provided that such discharges do not exceed the limitation set forth in any such permit.
A. 
The governing body shall appoint or designate some suitable person or agency to administer this chapter on or before its effective date.
B. 
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation. This provision shall not preclude the right of the City to pursue an enforcement action for violation of any applicable federal or state water pollution control statute and or regulation.
C. 
Violations of any of the provisions of this chapter or any permit issued under the authority of this chapter may result in the termination of the permit or the termination of the authority to discharge into the system.