The Township has developed an enforcement response plan, which
is incorporated into this chapter as Appendix A[1] and shall be subject to modification as needed in order
to keep it consistent with federal and/or state laws and regulations.
This plan contains detailed procedures indicating how the Township
will investigate and respond to instances of nondomestic wastewater
user noncompliance. The plan, at a minimum:
A.
Describes how the Township will investigate instances of noncompliance;
B.
Describes the types of escalating enforcement responses the Township
will take in response to all anticipated types of nondomestic wastewater
user violations and the time periods within which responses will take
place;
C.
Identifies (by title) the official(s) responsible for each type of
response; and
D.
Adequately reflect the Township's primary responsibility to enforce
all applicable pretreatment requirements and standards, as detailed
in 40 CFR 403.8(f)(1) and (f)(2).
[1]
Editor's Note: Appendix A is attached to this chapter.
The Township may without notice amend any or all articles and/or
sections of this chapter if deemed necessary to keep said chapter
in conformance with federal, state, regional or local statutes, regulations,
codes or directives.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction, unless the user specifically requests and is able to
demonstrate to the satisfaction of the Township that the release of
such information would divulge information, processes or methods of
production entitled to protection as trade secrets of the user.
B.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public, but shall be made
available upon written request to the EPA and/or the DEP for uses
related to this chapter, the NJPDES and/or the state or federal pretreatment
programs; provided, however, that such portions of a report shall
be available for use by the state in judicial review or enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as confidential
information.
C.
Information accepted by the Township as confidential shall not be
transmitted to any governmental agency by the Township until and unless
a ten-day notification is given to the user.
D.
Township nonconfidential files on users and pretreatment programs
are open for inspection during normal office hours. Arrangements to
review these files must be made in advance by contacting the Department
of Water Pollution Control. All requests to review the files or obtain
nonconfidential information shall be in writing.
The Director of the Department of Water Pollution Control and/or
his authorized agent(s) shall be held harmless for injury, death and/or
liability in the event of malfunction of wastewater facilities and
damages caused thereby.
A.
Remedies nonexclusive. The provisions of Articles XI and XII are not exclusive remedies. The Township reserves the right to take any, all or any combination of these actions against a noncompliant user. The Township is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.
B.
Enforcement options. Nothing in this article is to be construed as
barring the Township from seeking any other form of enforcement, relief
or remedy to which it is legally entitled, including any other remedies
available to it under statute or common law.
Acceptance by the Township into the POTW of sewage or other
wastes in volume or at a rate or with characteristics exceeding or
violating any pretreatment standard or pretreatment requirements provided
for, by or pursuant to the foregoing changes in one or more instances
or under one or more circumstances shall not constitute a waiver of
such pretreatment standards or pretreatment requirements or of any
of the provisions of the foregoing chapter and shall not in any way
obligate the Township thereafter to accept or make provision for sewage
or wastes delivered into the POTW in a volume or at a rate or with
characteristics exceeding or violating any such pretreatment standard
or pretreatment requirements in any other instance or under any other
circumstances.
The headings used herein are for convenience only and are not
intended to, nor do they, confer any substantive rights on any person.
Reference herein to laws, regulations, forms and other official
documents shall be deemed to include amendments or modifications to
those documents hereinafter adopted or promulgated.
No unauthorized person(s) shall open, use, alter or disturb
any sanitary sewer or appurtenances thereof without first obtaining
written permission from the Department of Water Pollution Control
of the Township. This prohibition includes, but is not limited to,
the lifting of sewer manhole covers and opening of sewer cleanouts.
Any ordinance or ordinances in conflict with the provisions of this
chapter are repealed to the extent of such conflict. This chapter
shall become effective immediately upon final adoption and publication
thereof according to law.
