Borough of Madison, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 8-8-1966 by Ord. No. 838 (Art 71, Ch. A, of the 1970 Revised Ordinances)]
[Amended 9-24-2007 by Ord. No. 62-2007]
As used in this chapter, unless a different meaning clearly appears in the context, the following words shall have the following meanings:
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen, expressed in milligrams per liter (mg/l), utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C. The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Wastewater; ASTM Standards, Part 23, Water; Atmospheric Analysis (1972); EPA Methods for Chemical Analysis of Water and Wastes (1971).
CATEGORICAL STANDARD
Any limitation upon the discharge of pollutants adopted by the United States Environmental Protection Agency pursuant to Section 307(b) of the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977.
CHEMICAL OXYGEN DEMAND (COD)
Means a measure of the oxygen required to oxidize all compounds in water, both organic and inorganic (in milligrams per liter, mg/l) in a waste sample under specific conditions of an oxidizing agent, temperature and time as determined by analytical procedures set forth in the Methods for Chemical Analysis of Water and Wastes (USEPA, Office of Technology Transfer, Washington, D.C., March 1983).
COMPOSITE SAMPLE
See "samples, types of."
DISCHARGE
The action of pumping, leaching, releasing, spilling, leaking, pouring, emitting, emptying, or dumping and also means the causing of or permitting of any of the aforesaid.
DISPOSAL
The storage, treatment, utilization or processing and final disposition of septage.
FOOD ESTABLISHMENTS
Those establishments primarily engaged in activities of preparing, serving, or otherwise making available for consumption by the public, such as restaurant, commercial kitchen, caterer, hotel, school, hospital, prison, correctional facility, and care institution. These establishments use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, nondrinkable food product in or on a receptacle that requires washing.
GOVERNMENTAL ENTITY
A federal, state, interstate agency, county or municipal government or school district whose jurisdiction is partially or entirely within the state.
GRAB SAMPLE
See "samples, types of."
A. 
Any toxic pollutant;
B. 
Any hazardous substance as defined by the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11; or
C. 
Any substance regulated as a pesticide under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136 et seq.; or
D. 
Any substance the use or manufacture of which is prohibited under the Federal Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or
E. 
Any substance identified as a known carcinogen by the International Agency for Research on Cancer; or
F. 
Any hazardous waste designated pursuant to the New Jersey Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., or the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.
IMMEDIATE ACCESS
Access without delay but in no event beyond 10 minutes from the time the request for access is made by authorized Madison-Chatham Joint Meeting personnel to any employee of the user.
INDIRECT DISCHARGE
Any discharge into the Madison-Chatham Joint Meeting's domestic treatment works.
INDUSTRIAL USER
The term "industrial user" means a source of discharge of industrial waste.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, as defined in the 1972 Edition of the Standard Industrial Classification Manual, as distinct from sanitary sewage. Industrial wastes includes the leachate from landfills or other contaminated areas.
INHIBITORY POLLUTANT
Any pollutant which when entering a domestic treatment works in sufficient quantity will interfere with the treatment works' physical, chemical, and/or biological processes.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
A. 
Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
B. 
Therefore is a cause of a violation of any requirement of the POTW's NJPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA), including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA); the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
JOINT MEETING
The legal entity which owns or operates the Molitor Water Pollution Control Facility.
LOCAL LIMITS
Any restriction on quantities, quality, or concentrations of pollutants discharged into a local agency's treatment works, developed to prevent upset, interference, or pass-through of pollutants to the treatment works, and to protect worker health and safety, and protect/improve the quality of the sludge generated by the treatment works.
MCJM
Abbreviation for Madison-Chatham Joint Meeting.
MG/L
Abbreviation for milligrams per liter.
NATIONAL PRETREATMENT STANDARD
"National pretreatment standard," "pretreatment standard," or "standard" means any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307(b) and (c) of the Clean Water Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR § 403.5.
NJPDES
The New Jersey Pollutant Discharge Elimination System or NJPDES means the New Jersey system for the issuance of permits pursuant to the Water Pollution Control Act.
NJDEP
The New Jersey Department of Environmental Protection.
NONCONTACT COOLING WATER
Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Noncontact cooling water may, however, contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
OIL AND GREASE
Includes the nonpetroleum-based pollutants of animal and vegetable origin and petroleum-based pollutants, which are analyzed by a USEPA and/or New Jersey State certified laboratory-approved method for oil and grease referenced in 40 CFR Part 136, as amended, including subsequent amendments, and the petroleum-based pollutants analyzed by a USEPA and/or New Jersey State certified laboratory-approved method for petroleum hydrocarbons cited in Methods for Chemical Analysis of Water and Wastes, USEPA, as amended.
OIL, GREASE AND SAND INTERCEPTOR OR TRAP
A device designed and installed so as to separate and retain deleterious hazardous or undesirable matter from sanitary waste while permitting sanitary sewerage or liquid wastes to discharge into the drainage system by gravity.
PASS-THROUGH
A discharge which exits the POTW into waters of the United States or waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NJPDES permit (including an increase in the magnitude or duration of a violation).
PERSON
Any individual, firm, company, partnership, corporation, association, group or society.
PETROLEUM HYDROCARBONS or PETROLEUM-BASED OIL AND GREASE
The petroleum-based pollutants analyzed by an EPA and/or New Jersey State-certified laboratory approved method for petroleum hydrocarbons cited in Methods for Chemical Analysis of Water and Wastes, USEPA, as amended.
pH
The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of the hydrogen ions, in grams, per liter of solution.
POLLUTION
The condition of water resulting from the introduction therein of substances of any kind and in quantities rendering it detrimental or immediately or potentially dangerous to public health or unfit for public or commercial use.
POTW or PUBLICLY OWNED TREATMENT WORKS
Any device or system used in the storage and treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a state, municipality or political subdivision. This definition includes sewers, pipes, or other conveyances if they convey wastewater to a POTW providing treatment.
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR § 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR § 403.6(e).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
PRETREATMENT STANDARDS
Means all applicable federal rules implementing Section 307 of the Clean Water Act, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall apply.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than noncontact cooling water. This definition includes the terms "commercial wastewater" and "industrial wastewater" as used in 40 CFR Part 503.
PUBLIC SEWER
See "sewers, types of."
RADIOACTIVE WASTE
Any waste which contains radioactive material in concentrations which exceed those listed in 10 CFR Part 20, Appendix B, Table II, Column 2, or exceed the Criteria for Identifying and Applying Characteristics of Hazardous Waste and for Listing Hazardous Waste in 40 CFR Part 261, whichever is applicable.
A. 
An individual sample collected over a time period of less than 15 minutes.
B. 
A sample composed of several discrete samples combined in a known proportion. For wastewater monitoring, a composite sample is a sample composed of several discrete samples collected at equal time intervals or proportionally to the flow rate of the discharge.
SANITARY SEWAGE
Any liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried wastes resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or any other source of water-carried waste of human origin or containing putrescible material. The term specifically excludes industrial, hazardous or toxic wastes and materials.
SANITARY SEWER
See "sewers, types of."
SEPTAGE
The liquid and solid material pumped from a septic tank, cesspool, or similar domestic sewage treatment system, or a holding tank when the system is cleaned or maintained.
SEWAGE
Any wastes, including wastes from humans, households, commercial establishments and industries that are discharged to or otherwise enter a sewage treatment works.
SEWER
A pipe or conduit that carries or is intended to carry wastewater or drainage water.
SEWER SYSTEM
All trunks, sub-trunks, sewers, interceptors, laterals, branches, and all other sewer appurtenances, whether privately owned or owned by the Borough of Madison, Borough of Chatham or the Madison-Chatham Joint Meeting, the sewage from which is delivered to the sewage treatment plant.
SEWERAGE SYSTEM
Any facility or extension thereof designed to provide for the collection, treatment or discharge of sewage. Also, see "sewers, types of."
SEWERAGE TREATMENT PLANT
An arrangement of devices and structures used for treating of sewage other than that used on and for a property under one ownership as an individual sanitary disposal system.
SEWERS, TYPES OF
An underground pipe or drain used to carry off water and waste matter as follows:
A. 
A sewer which receives wastewater from a relatively small area and discharges into a main sewer.
B. 
A sewer which receives wastewater from a collecting system or treatment plant and carries it to a point of final discharge.
C. 
A sewer owned or controlled by the Joint Meeting, a public utility, or other governmental agency.
D. 
A sewer that carries water-carried wastes from residences, commercial building, industrial plants and institutions.
SIGNIFICANT INDUSTRIAL USER
The term "significant industrial user" means any user, including, but not limited to, any significant industrial user as defined in 40 CFR 403.3(t) where:
A. 
The user is subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N;
B. 
The user's average volume of process wastewater exceeds 25,000 gallons per day;
C. 
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;
D. 
The volume of industrial process wastewater in the discharge exceeds 5% or more of the average daily dry weather flow of the Madison-Chatham Joint Meeting;
E. 
The user's discharge of process wastewater contributes 5% or more of the daily mass loading of any of the pollutants listed in N.J.A.C. 7:14A-4, Appendix A Tables II through V;
F. 
The user is designated as a "significant industrial user" by NJDEP on the basis that the user has a reasonable potential for adversely affecting the Madison-Chatham Joint Meeting's operation;
G. 
The user is designated as a "significant industrial user" by the NJDEP on the basis that the user has been in violation of any federal, state, or local pretreatment standard or requirement, including, but not limited to, significant noncompliance as defined in 40 CFR 403.8(f)(2)(vii); or
H. 
The NJDEP determines it would be consistent with the intent of federal or state law or regulation to require a permit for the user.
SIGNIFICANT NONCOMPLIER
"Significant noncomplier," "significant noncompliance" or "SNC" means any person who commits any of the violations described below, unless the NJDEP uses, on a case-by-case basis, a more stringent frequency or factor of exceedance to determine a significant noncomplier and the NJDEP states the specific reasons therefor, which may include the potential for harm to human health or the environment.
A. 
Violations which cause a person to become or remain an SNC under the state definition of "significant noncomplier" include:
(1) 
A serious violation for the same pollutant, at the same discharge point source, in any two months of any consecutive six-month period;
(2) 
Exceedance of an effluent limitation expressed as a monthly average for the same pollutant, at the same discharge point source, by any amount in any four months of any consecutive six-month period;
(3) 
If there is not an effluent limitation for a particular pollutant expressed as a monthly average, exceedance of the monthly average of the daily maximums for the effluent limitation for the same pollutant, at the same discharge point source, by any amount in any four months of any consecutive six-month period;
(4) 
Any exceedance of an effluent limitation for pH by any amount, excluding the excursions specifically excepted by a permit issued by the NJDEP with continuous pH monitoring, at the same discharge point source in any four months of any consecutive six-month period; or
(5) 
Failure to submit a completed discharge monitoring report in any two months of any consecutive six-month period.
B. 
Under the federal definition set forth at 40 CFR 403.8(f)(2)(vii), an "industrial user" is in significant noncompliance if its violation meets one or more of the following criteria:
(1) 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2) 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, SS, fats, oil, and grease, and 1.2 for all other pollutants except pH.
(3) 
Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the NJDEP determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
(5) 
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) 
Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) 
Failure to accurately report noncompliance;
(8) 
Any other violation or group of violations which the NJDEP determines will adversely affect the operation or implementation of the pretreatment program.
SLUDGE
The solid residue and associated liquid resulting from the physical, chemical or biological treatment of domestic or industrial wastewaters.
SLUG DISCHARGE
Any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.
STORM DRAIN or STORM SEWER
A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
STORMWATER
Water resulting from precipitation (including rain and snow) that:
A. 
Runs off the land's surface;
B. 
Is transmitted to the subsurface; or
C. 
Is captured by separate storm sewers or other sewerage or drainage facilities, or conveyed by snow removal equipment.
SUSPENDED SOLID (SS)
Total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering and prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as nonfilterable residue.
SYSTEM
All trunks, interceptors, conduits, pipe lines, mains, pumping and ventilation stations, appurtenances, treatment or disposal systems, plants and works, outfalls, and all other structures and conveyances and real and tangible personal property acquired, constructed or operated by the Madison-Chatham Joint Meeting for the purposes of the Madison-Chatham Joint Meeting.
TREATMENT WORKS
Any device or systems, whether publicly or privately owned or operated, used in the storage, treatment, recycling, or reclamation of domestic 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; and any other works including sites for the treatment process or for ultimate disposal of residues resulting from such treatment. Additionally, "treatment works" means any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of pollutants, or industrial waste in the sanitary sewer systems.
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
USEPA
Abbreviation for the Environmental Protection Agency, an agency of the United States government.
USER
Any individual, firm, company, partnership, corporation, association, group or society, which discharges wastewater into a treatment works.
WASTEWATER
A combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
WASTEWATER FACILITIES
The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
WASTEWATER TREATMENT WORKS
An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "wastewater treatment plant" or "waste treatment plant" or "water pollution control plant."
A. 
Where any building is located upon any street in the Borough of Madison in which a sanitary sewer has heretofore been constructed and is in operation, said building shall be connected with said sanitary sewer within 90 days after this chapter shall take effect.
B. 
Where any sanitary sewer shall hereafter be constructed in any street in the Borough of Madison, the buildings located upon such street shall be connected with said sanitary sewer within 90 days after the completion of said sewer. Such completion shall be certified to the Council of the Borough of Madison by the Borough Engineer.
C. 
When any building shall hereafter be constructed on any street in the Borough of Madison in which a sanitary sewer exists and is in operation at the time of such construction, said building shall be connected with said sanitary sewer during the course of construction, and no use or occupancy of such building shall be permitted until said sewer connection has been made, inspected and approved.
When any existing building or any street in the Borough of Madison wherein a sanitary sewer exists and is in operation is altered for use and occupancy by human beings, either temporarily or permanently, said building or structure shall be connected with the sanitary sewer during the course of alteration thereof, and no use or occupancy of such building shall be permitted until such sewer connection has been made, inspected and approved.
[Amended 7-27-2009 by Ord. No. 31-2009]
A. 
Sewer connection fees.
[Amended 9-9-2013 by Ord. No. 37-2013; 9-8-2014 by Ord. No. 46-2014; 8-10-2015 by Ord. No. 48-2015; 5-23-2016 by Ord. No. 44-2016; 4-12-2017 by Ord. No. 14-2017[1]; 4-9-2018 by Ord. No. 23-2018[2]; 4-8-2019 by Ord. No. 13-2019[3]]
(1) 
There shall be a basic connection fee established in accordance with N.J.S.A. 40A:26A-11. The fee for the remainder of 2019 shall be:
(a) 
For single family dwelling units, $6,127, and for multiple dwelling units, $6,127 per unit.
(b) 
In the case of any building or portion thereof to be used for industrial, commercial, educational or other than dwelling purposes, the Borough Engineer shall determine by accepted standards the number of units to be connected or added to an existing connection; where a unit equals an annual average daily flow of 262 gallons or fraction thereof: $6,127 per unit.
(2) 
This fee shall, pursuant to statute, be recalculated at the end of each budget year and may be reset by ordinance of the Borough Council after public hearing, on a yearly basis. The sewer connection fee is based upon the usage of a single dwelling unit or equivalent discharge. The sewer connection fee shall be payable in full to the Borough of Madison at the time a building sewer permit is issued for connection to the public sanitary sewer by the Borough of Madison.
[1]
Editor’s Note: This ordinance provided an effective date of 7-1-2017.
[2]
Editor’s Note: This ordinance provided an effective date of 7-1-2018.
[3]
Editor's Note: This ordinance provided an effective date of 7-1-2019.
B. 
Sewer connection expenses; responsibility for maintenance, repair and replacement of laterals.
[Amended 9-25-2017 by Ord. No. 39-2017]
(1) 
Subject to applicable law, whenever any of the work herein provided for is done, it shall be at the sole expense of the owner or owners of the structure or structures served by the sanitary lateral.
(2) 
Such owner or owners of the building(s) served by the sewer lateral shall also be responsible for the maintenance, repair and replacement of any lateral installed upon premises owned by him or them, or any other work done in connection therewith, from the structure all the way to the sewer main connection. Any maintenance, repair and/or replacement of a lateral shall be completed under the observation and with the prior approval of the Borough Engineer or his/her designee.
Every connection required by this chapter shall be made with bell and spigot soil pipe of cast iron, caulked and leaded, extending from inside the building foundation to the sewer. All such connections shall be made and installed in accordance with the Plumbing Code of the Board of Health of Madison[1] and shall be inspected and approved in accordance with the Health Regulations of the Borough of Madison and State of New Jersey prior to any use thereof.
[1]
Editor's Note: See Ch. 222, Plumbing.
If the owner of any property in the Borough shall fail to make any connection or installation required by this chapter within the time required herein, the Borough may proceed to make such connection or installation, or cause the same to be made, and charge and assess the cost thereof against such property, pursuant to the authority of N.J.S.A. 40:63-54 et seq.[1]
[1]
Editor's Note: N.J.S.A. 40:63-52 to 40:63-64 was repealed by L.1991, c. 53, § 1 (§ 40A:26A-22), effective 1-1-1992.