[1979 Code § 14-1; Ord. No. 20-259 § 1; Ord. No. 21-57 § 1]
As used in this Article:
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
Shall mean the laboratory determination of the quantity of oxygen utilized in the biochemical oxidation of organic matter in a given time and at a specified temperature, being expressed in parts per million or milligrams per liter of oxygen used in a period of five (5) days at twenty (20°) degrees Centigrade.
DOMESTIC WASTE
Shall mean the liquid waste or liquid-borne waste (1) resulting from the preparation, cooking and handling of food and/or (2) consisting of human excrement and similar waste from sanitary conveniences.
ENVIRONMENTALLY SENSITIVE AREAS
Shall mean those areas which are contained within the one hundred (100) year floodplain boundary as shown on the Flood Hazard Boundary/Flood Insurance Rate Maps with an initial identification date of 16 July 1976 and as prepared by the Federal Insurance Administration, Department of Housing and Urban Development; as well as those areas identified as wetlands as defined by the U.S. Fish and Wildlife Service. Those areas specific to the City which have been classified as environmentally sensitive are as delineated on special City tax maps on record at the Linden Roselle Sewerage Authority and the City Hall of Linden.
GENERATOR
Shall mean the person who causes septage to be generated.
HAULER
Shall mean any person registered by the Solid Waste Administration for collection, transportation, and disposal of septage from generator to approved disposal facilities.
INDUSTRIAL WASTES
Shall mean liquid or other wastes resulting from any processes of industry, manufacture, trade or business or from the development of any natural resource.
LOCAL WATERS
Shall mean both surface and underground waters.
pH
Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution, indicating the intensity scale of acidity and alkalinity expressed in terms of a pH scale running from 0.0 to 14.0, with a pH value of 7.0 the midpoint of the scale, representing exact neutrality, and with values above 7.0 indicating alkalinity and those below 7.0 acidity.
PERMIT
Shall mean a written authorization by authority resolution to a person permitting the discharge of waste waters into the sewers under specified conditions.
POLLUTION
Shall mean the condition of water resulting from the introduction therein of substances of a kind and in quantities rendering it detrimental or immediately or potentially dangerous to the public health or unfit for public or commercial use or detrimental to the propagation, cultivation or conservation of animals, fish or aquatic life.
PROPERLY SHREDDED GARBAGE
Shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in any dimension.
RULES
Shall mean the rules and regulations of the New Jersey Department of Environmental Protection concerning the statewide management of septage disposal. (N.J.A.C. 7:14-5.1 et seq.)
SEPTAGE
Shall mean the combination of liquid and solid residues resulting from the treatment of water-borne domestic waste in on-site treatment systems.
SEWERS
Shall mean the system of public sewers receiving the discharge of waste waters and directing these to the Linden Roselle Sewerage Authority's treatment facilities.
STATE AND FEDERAL REGULATORY AGENCIES
Shall mean all departments, commissions, boards and agencies of the State of New Jersey and of which it is a member, and of the United States having jurisdiction over the subject matter involved.
SUSPENDED SOLIDS
Shall mean the laboratory determination of dry weight expressed in parts per million or milligrams per liter of solids that either float on the surface of, or are in suspension in, water, waste water or other liquids which are removable by laboratory filtering.
TREATMENT FACILITIES
Shall mean all facilities for collecting, pumping, treating and disposing of waste water.
USER
Shall mean any person who uses the facilities of the Linden Roselle Sewerage Authority, directly or indirectly, for waste water disposal service.
VACANT
Shall mean a parcel of land upon which no building, facility, or other construction has been erected or placed. The following criteria, however, shall be sufficient cause for excluding a parcel of land from the "vacant" category:
a. 
When there is a sole owner of an undeveloped lot and an adjoining developed lot, the undeveloped lot shall not be considered vacant.
b. 
When an undeveloped lot lies on a street which presently contains sewers, and when a house connection has been provided for that undeveloped lot, the lot shall not be considered vacant.
c. 
When a parcel of land was previously developed, and the structure was subsequently razed, the parcel shall not be considered vacant.
d. 
When a parcel of land has a prior use (but not necessarily construction of a structure), the parcel of land shall not be considered vacant.
e. 
In cases where the City of Linden has issued building permits for undeveloped parcels of land after 28 August 1980 and before 6 October 1980, those parcels of land shall not be considered vacant.
WASTE WATER, WATERS OR WASTES
Shall mean the water-carried wastes created in and carried, or to be carried, away from residences, hotels, apartments, schools, hospitals and industrial establishments, or any other public or private building, together with such industrial wastes as may be present.
003/004 SANITARY RELIEF SEWERS
Shall mean those two (2) sanitary gravity relief sewers and associated work, all in the City of Linden, as recommended in the "Facilities Plan for the Elimination of Discharge Points 003 and 004," dated June, 1978, and an Addendum to the Plan, dated August, 1978, and amended August, 1980.
[1979 Code § 14-5.1]
The Linden Roselle Sewerage Authority shall have the right to enter the premises of any private, public, commercial or industrial establishment using the sewage facilities of the City, and to inspect, measure, sample, test and observe wastes and waste-producing operations and facilities and conveying and treatment facilities on such premises.
[1979 Code § 14-5.2]
Design and installation of plants and equipment for pretreatment or equalization of waste flows shall be subject to review and approval of the Linden Roselle Sewerage Authority and the requirements of all applicable code, ordinances and laws. Pretreatment of flow-equalizing facilities, where provided, shall be maintained continuously in satisfactory and effective operation by the user at his expense.
[1979 Code § 14-5.3]
No person shall cause or permit sewage or other polluting matter to flow into or be placed, or to fall or move into, the waters of the Interstate Sanitation District contrary to the requirements and provisions of the Tri-State Compact.
[1979 Code § 14-5.4; Ord. No. 21-57 § 1]
No septage generator shall dispose of septage to a hauler who will dispose of the septage at Linden Roselle Sewerage Authority, unless the septage generator certifies that the septage is domestic, as defined in these regulations, and as required by the rules.
[1979 Code § 14-5.5; Ord. No. 21-57 § 1]
No hauler shall dispose of septage at Linden-Roselle Sewerage Authority unless the hauler submits a certification with each load that the septage to be disposed of is domestic, as defined in these regulations, and as required by the rules. No personnel shall knowingly make a false statement or falsify, tamper or render inaccurate a monitoring device or method.
[1979 Code § 14-5.6; Ord. No. 21-57 § 1]
Any person failing to comply with any provisions of the rules shall constitute a violation of the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.) which provides for civil penalties of up to ten thousand ($10,000.00) dollars per day of violation and/or criminal penalties of up to twenty-five thousand ($25,000.00) dollars per day of violation and/or imprisonment for not more than one (1) year.
[1979 Code § 14-5.7; Ord. No. 22-72 § 1]
The Linden Roselle Sewerage Authority may promulgate, issue, publish and amend and enforce all such rules and regulations concerning the system or the business and affairs of the Authority, as may be permitted by law, including, but not limited to, rules and regulations regulating the making or connections to the system or the use or services of the system or prohibiting or regulating the discharge into the system or any sewer, sanitation or drainage system connected therewith of (a) storm water drainage from ground surface, roof leaders or catch basins or from any other source, (b) industrial wastes, or (c) oils, acids or any other substances which alone or in combination with other substances discharged into the system, are or may be injurious or deleterious to the system or to its efficient operation. Such rules and regulations may include lists of harmful wastes, discharge of which into the system or any sewer, sanitation or drainage systems connected therewith shall be prohibited.
[1979 Code § 14-2.1]
No person shall cause or permit any waters or wastes to enter or pass into the public sewerage system which fail to meet the following requirements at the point of origin, that is the point of entrance to the public sewer:
a. 
pH shall not be less than 6.0 nor more than 9.0.
b. 
Shall not contain any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas.
c. 
Shall not contain any flammable substance with a flash point lower than one hundred eighty-seven (187°) degrees Fahrenheit.
d. 
Shall have temperature within the range of thirty-two (32°) to one hundred fifty (150°) degrees Fahrenheit.
e. 
Shall not contain grease or oil or other substance that will solidify or become viscous at temperatures between thirty-two (32°) and one hundred fifty (150°) degrees Fahrenheit.
f. 
Shall not contain any garbage that has not been properly shredded. Where the installation and operation of any mechanical garbage grinder is permitted, the use and installation of equipment, including a motor of three-fourths (3/4) horsepower or greater, shall be subject to the review and approval of the Linden Roselle Sewerage Authority.
g. 
Shall not contain toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any biological sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters or the sewage treatment plants.
h. 
Shall not contain any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by applicable regulations of State and Federal regulatory agencies.
i. 
Shall not contain materials which cause excessive discoloration, such as but not limited to dye waste and vegetable tanning solutions.
[1979 Code § 14-2.2; Ord. No. 22-72 § 1]
No person shall cause or permit any wastes or waters to enter or pass into the public sewerage system which at the point of origin, i.e., the point of entrance to the public sewer, shall contain or cause the following:
a. 
Chemical reaction, either directly or indirectly, with the materials of construction to impair the strength or durability of sewer or treatment structures.
b. 
Mechanical action that will destroy or damage the sewer or treatment structures.
c. 
Restriction of the hydraulic capacity of sewer structures.
d. 
Restriction of the normal inspection or maintenance of the sewer structures.
e. 
Danger to public health and safety.
f. 
Obnoxious conditions inimical to the public interest.
g. 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interferences with proper operation of the sewerage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair, fleshings, entrails, paper dishes, cups and milk containers, either whole or ground, and unground garbage.
h. 
Violation of the Rules and Regulations of the Linden Roselle Sewerage Authority, or any Federal or State laws, rules and regulations. In the event that there are any inconsistencies between such rules, regulations and laws, the more stringent or restrictive of them shall apply and take precedence.
[1979 Code § 14-2.3; Ord. No. 31-40 § 1]
No person unless such person shall be an industrial user and shall have obtained a special permit in accordance with Section 17-5, shall cause or permit to enter or pass into the public sewerage system any waters or wastes which contain concentrations in excess of the specified limits for one (1) or more of the following listed chemicals and physical characteristics at the point of entrance to the public sewer. The concentration indicated shall be twenty-four (24) hour average concentration and the maximum concentration at any time during the twenty-four (24) hour period shall not exceed three (3) times the specified concentration limit:
a. 
B.O.D., 5 day, 20 degrees C, shall not exceed 600 mgr/L.
b. 
Suspended solids shall not exceed 600 mgr/L.
c. 
Settleable solids shall not exceed 10 ml/L.
d. 
Chemical oxygen demand shall not exceed 1000 mgr/L.
e. 
Chromium (Hexavalent) shall not exceed 3 mgr/L.
f. 
Cyanides shall not exceed 2 mgr/L.
g. 
Cadmium shall not exceed 4 mgr/L.
h. 
Nickel shall not exceed 5 mgr/L.
i. 
Iron shall not exceed 15 mgr/L.
j. 
Zinc shall not exceed 5 mgr/L.
k. 
Copper shall not exceed 3 mgr/L.
l. 
Arsenic shall not exceed 1 mgr/L.
m. 
Phenols shall not exceed 10 mgr/L.
n. 
Sulfides shall not exceed 50 mgr/L.
o. 
Grease, oil or any oil substance, whether emulsified or free, shall not exceed 50 mgr/L.
p. 
Ammonia-nitrogen shall not exceed 22.0 mgr/L (effective March 25, 1995).
[1979 Code § 14-2.4; Ord. No. 22-72 § 1]
If any waters or wastes are discharged or are proposed to be discharged into the public sewerage system which contain waters, substance or substances specifically prohibited in this section, or any other substance or substances which may have a deleterious effect upon the sewerage treatment processes, equipment or receiving waters, or which violate any Federal or State laws or regulations or Linden Roselle Sewerage Authority Rules and Regulations, or which otherwise create a hazard to life or constitute a public nuisance, the Linden Roselle Sewerage Authority shall have the authority to:
a. 
Prohibit the discharge of the wastes into the public sewerage system.
b. 
Require pretreatment of the wastes to an acceptable condition for discharge into the public sewerage system.
c. 
Require control over the quantities and rates of discharge.
d. 
Require the application for a permit in accordance with Section 17-5.
e. 
Require combinations of any or all of the above.
[1979 Code § 14-2.5]
Upon request of the Linden Roselle Sewerage Authority or of the Fire Department, every person who causes or permits any waters or wastes to enter or pass into the public sewage systems shall make a written report disclosing its wastes and waste-producing operations and its conveying and treatment facilities, and furnish such other pertinent information as may be requested. Such report shall be made as requested, and shall be submitted without delay no later than fifteen (15) days after the request. Any person who causes or permits any waters or wastes to enter or pass into the public sewage system shall make a written report to the Linden Roselle Sewerage Authority upon increasing the rate of flow of waters or wastes or upon changing the process, products or nature of the water or wastes.
[Ord. No. 35-8 § 14-2; New]
a. 
Grease Traps. Grease traps shall be installed in accordance with the Uniform Construction Code as determined by the Plumbing Inspector. The grease traps shall be continuously maintained in order to provide satisfactory and effective operation by the owner, at the owner's expense. There shall be no bypass of the grease trap facilities which would allow the entry of untreated or partially treated wastes to the public sewer system.
b. 
All retail food establishments, commercial food processors, meat processors or similar food preparers that are grease producers shall be required to pretreat their discharge with an approved bacteriological product to control and eliminate the introduction of grease into the sewer system.
c. 
The bacteriological product must be free of wetting agents, additives and reducing agents, enzymes, solvents or chemical degreasers and must be approved for use by the Superintendent of Public Works or designee prior to application and/or installation of equipment. The bacteria shall be introduced into the system according to manufacturing specs.
d. 
The Enforcing Authority of this section shall be Superintendent of Public Works or his designee, who shall have the authority to issue summonses for violations of this section.
[1979 Code § 14-3.1]
No person shall hereafter cause or permit any industry be connected to the sewerage system of the City without first obtaining a permit from the Linden Roselle Sewerage Authority.
[1979 Code § 14-3.2]
No person shall cause or permit any new connection to be made to the public sewerage system which will allow the entrance therein of storm water drainage from ground surface, roofs, cellars or any other sewers.
[1979 Code § 14-3.3]
Such permit, or a permit specially applied for in the case of a current permittee, may allow discharges which exceed in their chemical, physical or biological characteristics the limits set forth in Section 17-3. Permits under this subsection may be issued where, in its sole determination and discretion, the authority finds that its treatment facilities may be capable of handling, i.e. pass through without impact on treatment efficiency, or treating, within the facilities' design limitations, such wastes, and where the applicant for such permit demonstrates a need, hardship or other special reasons for the issuance of such permit. The authority, in such cases, may impose any and all conditions upon such permit as it may deem necessary to protect the authority's facilities and to insure compliance with all State and Federal laws and regulations pertaining to it and to protect the authority against any penalties under State or Federal laws and regulations.
[1979 Code § 14-3.4]
The Authority may promulgate all rules and regulations it deems necessary or appropriate for the application for permits under this section.
[1979 Code § 14-4]
The Linden Roselle Sewerage Authority at its own election or upon the request of a user approved by the Linden Roselle Sewerage Authority, shall install one (1) or more metering and sampling stations consisting of one (1) or more manholes or similar structures having suitable devices for metering and sampling. Such installation shall be installed and maintained at the expense of the user. Persons who connect to the public sewage system and discharge industrial wastes therein, shall install metering or sampling stations, or both, prior to use of the public sewage system unless such requirement is waived after investigation and determination by the Linden Roselle Sewerage Authority that the same are presently unneeded. When it is determined by the Linden Roselle Sewerage Authority that the same are needed, the user shall install the required devices. The Linden Roselle Sewerage Authority shall have the right at any time to test, set and replace the meters or other devices in the stations and to remove meters and devices of the Linden Roselle Sewerage Authority. The user shall repair or replace metering and sampling installations as may be required. The Linden Roselle Sewerage Authority, at its option, may determine waste water volumes contributed by a person discharging industrial wastes into the public sewage system, from metered water consumption records of the water utility furnishing water to such person by any means permitted by law.
The measurements, tests and analyses of the characteristics of the waste waters referred to herein shall be determined by "Standard Methods for the Examination of Water and Waste Waters" published by the American Public Health Association, whenever applicable.
[1979 Code § 14-6; Ord. No. 20-259 § 1]
No person shall cause or permit, for a period of fifty (50) years dated from 28 August 1980, any connection to the 003, 004 sanitary relief sewers in the City which would allow the discharge of waste water from any building, facility, or other construction on any parcel of land defined as being within an environmentally sensitive area, and which parcel of land as of 28 August 1980 was defined as vacant, unless the connection is approved in writing by the U.S. Environmental Protection Agency Region II Administration.
The vacant parcels of land within an environmentally sensitive area which are hereby prohibited from connection to the 003, 004 sanitary relief sewers are as follows:
Block No.
Lot No.
Owner
206
10
City of Linden (Park)
207
7
City of Linden (Park)
242
10
City of Linden (Park)
243
15
City of Linden
244
16
City of Linden
245
3
City of Linden
252
24
City of Linden
280
11
City of Linden
282
3
City of Linden
284
1
City of Linden
284
2
City of Linden
284
14
City of Linden
287
1
W.C. Sexton c/o R. B. Miller
457
19
City of Linden
464
2
City of Linden
464
3
City of Linden
464
35
City of Linden
465
2
City of Linden
465
24
City of Linden
466
2 North of West Brook
City of Linden
535
1
City of Linden
545
26
City of Linden
545
35
City of Linden
560
2
City of Linden
561
3
City of Linden (Park)
562
2
City of Linden (Park)
564
2
City of Linden
574
14
City of Linden (Park)
581
16.02
Buckey Pipe Company
582
49
John & Mildred Kocinski
582
61
Texas Eastern Transmission Corp.
582
62
Texas Eastern Transmission Corp.
582
65
Cities Service Company
583
3
John Fedor Realty
583
6
Cities Service Company
583
7
Cities Service Company
[Ord. No. 52-04; Ord. No. 56-04 § 1; Ord. No. 59-18 § 1]
The annual operation, maintenance and replacement costs (called "O&M costs") of the Linden Roselle Sewerage Authority (called "Authority") for treatment services provided to the City shall be allocated to the City in proportion to use, based upon the City's relative contributions of wastewater volume, biochemical oxygen demand, and suspended solids. The following percentages shall be used by the Authority to allocate its O&M costs: thirty-five (35%) for wastewater volume, twenty-five (25%) for biochemical oxygen demand, and forty (40%) for suspended solids. The Authority shall review this allocation procedure at least biennially (every two (2) years) to ensure that (a) the City is charged O&M costs in proportion to use, (b) sufficient revenues are generated, and (c) excess revenue from a class of users is applied toward the O&M costs allocated to that class for the next year.
The annual capital and debt service costs of the Linden Roselle Sewerage Authority (called "Authority") for treatment services provided to the City shall be allocated to the City in proportion to use, based upon the City's relative contributions of wastewater volume, biochemical oxygen demand, and suspended solids, as documented by the Authority. The following percentages shall be used by the Authority to allocate its capital and debt service costs: fifty (50%) for wastewater volume, twenty eight (28%) for biochemical oxygen demand, and twenty-two (22%) for suspended solids. The Authority shall review this allocation procedure currently with its biennial review of O&M costs to ensure that (a) the City is charged capital and debt service costs in proportion to use, (b) sufficient revenues are generated, and (c) excess revenue from a class of users is applied toward the capital and debt service costs allocated to that class for the next year.
[Ord. No. 35-48 § 1; Ord. No. 52-04 § 2; Ord. No. 56-04 § 2; Ord. No. 59-18 § 2]
The City shall collect the Authority's O&M, capital and debt service costs allocated to the City in accordance with subsection 17-8.10 from users of the City's sewer system in proportion to use. Users of the City's sewer system shall be classified as follows:
a. 
Residential and Small Nonresidential. Users that discharge less than 25,000 gallons per day of wastewater with biochemical oxygen demand and suspended solids concentrations of less than 235 mg/L (milligrams per liter) and 200 mg/L respectively.
b. 
Major Industrial Class A.
1. 
Users that discharge more than 25,000 gallons per day of wastewater and which discharge biochemical oxygen demand (BOD) and/or total suspended solids concentration (TSS) greater than 30 mg/L respectively shall be defined as Class A Major Industrial users.
2. 
Users that discharge wastewater with biochemical oxygen demand or total suspended solids concentrations greater than 235 mg/L and 200 mg/L respectively shall be defined as Class A Major Industrial users.
c. 
Major Industrial Class B. Users that discharge more than 25,000 gallons per day of wastewater with biochemical oxygen demand or suspended solids concentrations less than or equal to 30 mg/L respectively shall be defined as Class B Major Industrial users, providing that the concentration of biochemical oxygen demand (BOD) is less than 235 mg/L and the concentration of total suspended solids is less than 200 mg/L.
[Ord. No. 43-35 § 1; Ord. No. 52-04 § 3; Ord. No. 56-04 § 3; Ord. No. 59-18 § 3]
The City's share of the Authority's O&M, capital and debt service costs shall be allocated to each of the above classes on the basis of relative wastewater volume, biochemical oxygen demand, and suspended solids contributed by each class. The allocation percentages in subsection 17-8.10 shall be used in this regard.
For users in the Residential and Small Nonresidential class and the Major Industrial Class A class, charges shall be based upon a unit rate per gallon (or multiple thereof such as thousand or million gallon units) or one hundred cubic feet of metered water consumption during the previous year, unless it is determined that a given user's metered water consumption does not fairly represent the volume of wastewater contributed to the City's sewer system. Such users shall be termed to be directly measured users. In lieu of metered water consumption, the Authority may measure such discharges on the basis of a sewage flow meter provided by the user or other basis determined by the Authority. Charges for such a user shall be based upon the unit rate applied to the volume of the wastewater discharged. The unit rate shall be determined annually by dividing the Authority's O&M (operations and maintenance), capital and debt service costs allocated for the subject year to the Residential and Small Nonresidential class and the Major Industrial Class A user class by the sum of the total metered water consumption and the discharges of directly measured users for the previous year for the Residential and Small Nonresidential and the Major Industrial Class A classes.
Major Industrial Class A users discharging biochemical oxygen demand in concentrations greater than 235 mg/L on an annual average basis or suspended solids in concentrations greater than 200 mg/L on an average annual basis shall pay a concentration cost recovery charge. The concentration cost recovery charge shall be based upon the additional quantity of biochemical oxygen demand or suspended solids expressed in mass (e.g. tons per year) resultant from the concentrations above these limits using the following formulas:
For BOD: QBOD = (User's Annual Flow in Million Gallons x 8.34 x (CBOD — 235)) / 2,000;
and for TSS: QTSS = (User's Annual Flow in Million Gallons x 8.34 x (CTSS — 200)) / 2,000;
where QBOD and QTSS equal the quantities of BOD and/or TSS subject to the concentration cost recovery charge and CBOD and CTSS equal the user's concentrations of BOD and/or TSS in milligrams per liter (mg/L). For example a Major Industrial User Class A user discharging two million gallons per year (mgy) with a BOD concentration of 400 mg/L would generate 1.376 tons per year of BOD subject to the concentration cost recovery charge, calculated as follows:
QBOD = (2mgy x 8.34 x (400mg/L — 235mg/L)) / 2,000 = 1.376 tons of BOD.
The BOD and TSS concentration cost recovery unit charges shall be determined annually based upon the total quantities of biochemical oxygen demand and suspended solids received by the Authority and the costs allocated to BOD and TSS using the allocation percentages in Section 1.
For user in the Linden Major Industrial Class B, charges shall be based upon a unit rate per gallon (expressed in units determined by the Authority, e.g. million gallons per year) of wastewater discharged to the City's sewer system. The Authority may measure such discharges on the basis of a sewage flow meter provided by the user, metered water consumption or other basis determined by the Authority.
[Ord. No. 52-04 § 4; Ord. No. 56-04 § 4; Ord. No. 59-18 § 4]
The Authority may annually allocate to the City the costs of its Industrial Pretreatment Program to the Major Industrial class (defined in subsection 17-8.11). Such allocated costs shall be charged against users in the Major Industrial classes on the basis of relative wastewater volume, biochemical oxygen demand and suspended solids contributed by each.
[Ord. No. 59-18 § 5]
a. 
Major Industrial Class B Users annually may reserve capacities at the Authority's wastewater treatment plant. Such reserved capacities may be based on the annual quantities of wastewater flow, BOD and TSS specified in the Major Industrial Class B user's Industrial Pretreatment Program permit or other bases as determined by the Authority.
The Authority may impose a Capacity Reservation Charge for reserved capacities based upon the following units:
1. 
Flow — million gallons per year of reserved treatment capacity;
2. 
BOD — tons per year of reserved treatment capacity; and
3. 
TSS — tons per year of reserved treatment capacity.
b. 
The Capacity Reservation Charges shall be calculated annually using the Authority's projected fixed costs as distributed between Flow, BOD and TSS and using the cost allocation factors set forth under subsection 17-8.10. The Capacity Reservation Charges shall be calculated as follows:
1. 
The flow charge component shall be determined by dividing the Authority's Flow related fixed costs assigned to flow by 6,205 (representing the Authority's treatment plant flow capacity expressed in units of million gallons per year);
2. 
The BOD charge component shall be determined by dividing the Authority's BOD related fixed costs assigned to BOD by 8,505 (representing the Authority's treatment plant BOD capacity expressed in units of tons per year); and
3. 
The TSS charge component shall be a charge determined by dividing the Authority's BOD related fixed costs assigned to TSS by 5,274 (representing the Authority's treatment plant TSS capacity expressed in units of tons per year).
c. 
Annually, Major Industrial Class B users shall specify to the Authority what, if any treatment capacities are to be reserved for the next calendar year. The reserved capacities may include up to one hundred (100%) percent of the difference between the user's IPP permitted quantities and the actual flows and loadings that the user is projecting for the next calendar year. A Capacity Reservation Charge shall be imposed on the user's unutilized portion of the user's reserve capacity. For example, if a Major Industrial Class B user has a 10 mgy IPP (Industrial Pretreatment Program) permitted flow and does not use 7 mgy of the 10 mgy IPP permitted flow, it would pay a capacity charge for the 7 mgy unutilized portion of the permitted capacity.
[Ord. No. 52-45 § 1; Ord. No. 61-36]
a. 
As of May 16, 2017, all new users or increased flows for residential, commercial or industrial from improvements to premises, shall be charged a fee upon each and every direct or indirect connection to the sewer system. The connection fee of each and every user shall be based on the total number of equivalent service units served by the connection as calculated by a licensed New Jersey engineer or architect. An equivalent service unit (ESU) is the average daily flow of sewage for the average single-family residence in the City. The fee shall be collected upon issuance of a builder's agreement or a certificate of occupancy in the event that a builder's agreement is not required.
b. 
An ESU is presumed to be two hundred fifty-five (255) gallons per day.
c. 
The connection fee shall be calculated as follows: one thousand seven hundred fifty ($1,750.00) dollars per each equivalent service unit.
[1979 Code § 4-32.1; Ord. No. 27-58 § 1]
Whenever the City Council shall be satisfied and finds that a water emergency exists in the City, it may adopt a resolution declaring that a water emergency exists in the City. Such resolution shall be adopted by the Governing Body at any regular, special, adjourned or emergency public meeting of the City Council. Such resolution shall identify that portion of the City affected by the water emergency, which may include the entire City and shall specify which of the water use regulations contained in subsection 17-13.2 is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for ninety (90) days, unless extended or repealed as set forth in subsection 17-13.3. For the purpose of this paragraph, a water emergency shall exist if, for any of the following reasons:
a. 
The public utility providing water service to all or a portion of the municipality has adopted water use restrictions, has notified the municipality, the New Jersey Board of Public Utilities, and the New Jersey Department of Environmental Protection, as well as any other State, County or local agency entitled to notice of such restrictions and such restrictions are not overruled or declared invalid by any State, County or local agency having the jurisdiction and power to do so; or
b. 
The City Council is otherwise satisfied that a water emergency exists in the City.
[1979 Code § 4-32.2; Ord. No. 27-58 § 2]
Upon adoption by the City Council of a resolution declaring that a water emergency exists in the City in accordance with subsection 17-13.1, all citizens shall be urged to observe voluntary indoor conservation measures and, any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and to exempt businesses, as specified herein during the water emergency:
a. 
The complete ban and prohibition of outside water usage, including the watering of lawns and plants, the filling of pools and the washing of cars; or
b. 
Outside water usage on alternate days allowing outside water usage by persons or businesses having even house or box numbers on even days and those having odd house or box numbers on odd days with outside water usage being completely banned and prohibited on the thirty-first day of any month during the water emergency; or
c. 
Any other water use restriction specified by the City Council in a resolution required by subsection 17-13.1 which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this paragraph shall be limited in application to that portion of the municipality, which may include the entire municipality, identified as being affected by the water emergency in the resolution of the Governing Body adopted in accordance with subsection 17-13.1.
[1979 Code § 4-32.3; Ord. No. 27-58 § 3]
The resolution of the City Council required by subsection 17-13.1 shall, in addition to complying with subsection 17-13.1, provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the City Council shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the City Council shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this section continuing the water use restrictions.
[1979 Code § 4-32.4; Ord. No. 27-58 § 4]
The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the Linden Police Department. Whenever the Linden Police Department shall find a violation of the water use restrictions, the Police Department shall give the violator a written warning and explain the penalties for a second and third offense as provided by subsection 17-13.5. The Linden Department shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The Linden Police Department is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
[1979 Code § 4-32.5; Ord. No. 27-58 § 5]
After a first offense in accordance with subsection 17-13.4, any person or business who thereafter violates the water use restrictions imposed pursuant to this section shall be fined or imprisoned in accordance with this paragraph. For a second offense, the fine imposed shall be five hundred ($500.00) dollars or imprisonment for ten (10) days or both. For a third and subsequent offense, the fine imposed shall be one thousand ($1,000.00) dollars or imprisonment for thirty (30) days or both.
[Ord. No. 52-63 § 1; Ord. No. 58-16; Ord. No. 59-32]
a. 
To establish a Cross Connection Control and Backflow Prevention Program in accordance with the New Jersey Safe Drinking Water Act, N.J.A.C. 7:10-10.1-10.10 and the Plumbing Subcode of the New Jersey State Uniform Construction Code, N.J.A.C. 5:23-3.15.
b. 
To protect the public water main against actual or potential cross connections, backflow by back pressure and back siphonage by isolating within the premise or private property contamination or pollution that has occurred or may occur because of an unauthorized cross connection on the premises or private property.
c. 
To protect the water supply system within the premises or private property against actual or potential cross connections/backflow by pressure and back siphonage.
d. 
To eliminate cross connections/backflow by back pressure and back siphonage or any other source of water or process water used for any purpose which may jeopardize the safety of the water supply or which may endanger the health and welfare of the general public.
[Ord. No. 52-63 § 1; Ord. No. 58-16; Ord. No. 59-32]
The Plumbing Subcode or his/her designee in conjunction with the water purveyor will be responsible for determining the need for a backflow prevention assembly.
[Ord. No. 52-63 § 1; Ord. No. 58-16; Ord. No. 59-32]
All backflow prevention devices shall be installed in accordance with the current plumbing code. An initial Certificate of Compliance will be issued by the Construction Code Department after final inspection by the Plumbing Subcode Official and submission of testing results for the device. Testing will be done in accordance with N.J.A.C. 7:10-10.6 by a certified tester.
[Ord. No. 52-63 § 1; Ord. No. 58-16; Ord. No. 59-32]
Certificates of Compliance must be obtained annually from the Construction Code Department. An application for renewal must be completed and submitted to the Construction Code Department with appropriate testing certification in accordance with N.J.A.C. 7:10-10.5 and/or N.S.P.C. 10.5.6. Certificates of Compliance for devices installed prior to the enactment of this Ordinance must be obtained within ninety (90) days of enactment. Certificates of Compliance will be issued upon completion of an application and submission of testing certification.
[Ord. No. 52-63 § 1; Ord. No. 58-16; Ord. No. 59-32]
The fee for an initial Certificate of Compliance (new devices) will be $10.00. The fee for the annual renewal of Certificate of Compliance will be $50.00 submitted within thirty (30) days of expiration of the Certificate. Renewals submitted more than thirty (30) days past the expiration date will be subject to a penalty not to exceed $1,000.00 and/or a referral to the water purveyor for discontinuation of service. The fee for an Initial Certificate of Compliance for existing devices and all subsequent renewals for specified devices is $50.00.
[Added 8-16-2022 by Ord. No. 66-51]
All homes, buildings or structures situated within 200 feet of a public water distribution main must be connected to the public water system of the City of Linden. After said connection, the utilization of any private well, pump or other means for the furnishing of water to the connected premises shall be discontinued nor such private well be created, except that such existing private water supply is allowed for purposes of irrigation, aesthetics or other non-potable use, so long as:
a. 
The well must be a separate water system, not connected in any way, to the public water supply;
b. 
The well water must not contain any primary health contaminant as defined by the New Jersey Department of Environmental Protection.
c. 
A letter must be filed with the City Engineer and indicate that the private well shall be utilized for the aforesaid purposes, and setting forth the exact location and description thereof. The aforesaid requirements are of a continuing nature.
[Added 8-16-2022 by Ord. No. 66-51]
a. 
Any person who violates any provision of this section shall be subject to the provisions of subsection 1-5.1 of the General Ordinances of the City of Linden.
b. 
The violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.