[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:
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).
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.
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).
See "samples, types of."
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.
The storage, treatment, utilization or processing and final
disposition of septage.
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.
A federal, state, interstate agency, county or municipal
government or school district whose jurisdiction is partially or entirely
within the state.
See "samples, types of."
Any toxic pollutant;
Any hazardous substance as defined by the New
Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11; or
Any substance regulated as a pesticide under
the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136
et seq.; or
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
Any substance identified as a known carcinogen
by the International Agency for Research on Cancer; or
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.
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.
Any discharge into the Madison-Chatham Joint Meeting's domestic
treatment works.
The term "industrial user" means a source of discharge of
industrial waste.
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.
Any pollutant which when entering a domestic treatment works
in sufficient quantity will interfere with the treatment works' physical,
chemical, and/or biological processes.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the POTW, its treatment
processes or operations, or its sludge processes, use or disposal;
and
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.
The legal entity which owns or operates the Molitor Water
Pollution Control Facility.
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.
Abbreviation for Madison-Chatham Joint Meeting.
Abbreviation for milligrams per liter.
"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.
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.
The New Jersey Department of Environmental Protection.
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.
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.
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.
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).
Any individual, firm, company, partnership, corporation,
association, group or society.
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.
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.
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.
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.
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).
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on an industrial
user.
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.
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.
See "sewers, types of."
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.
GRAB SAMPLEAn individual sample collected over a time period of less than 15 minutes.
COMPOSITE SAMPLEA 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.
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.
See "sewers, types of."
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.
Any wastes, including wastes from humans, households, commercial
establishments and industries that are discharged to or otherwise
enter a sewage treatment works.
A pipe or conduit that carries or is intended to carry wastewater
or drainage water.
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.
Any facility or extension thereof designed to provide for
the collection, treatment or discharge of sewage. Also, see "sewers,
types of."
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.
An underground pipe or drain used to carry off water and
waste matter as follows:
BRANCH SEWERA sewer which receives wastewater from a relatively small area and discharges into a main sewer.
OUTFALL SEWERA sewer which receives wastewater from a collecting system or treatment plant and carries it to a point of final discharge.
PUBLIC SEWERA sewer owned or controlled by the Joint Meeting, a public utility, or other governmental agency.
SANITARY SEWERA sewer that carries water-carried wastes from residences, commercial building, industrial plants and institutions.
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:
The user is subject to categorical pretreatment
standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N;
The user's average volume of process wastewater
exceeds 25,000 gallons per day;
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;
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;
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;
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;
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
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 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.
Violations which cause a person to become or
remain an SNC under the state definition of "significant noncomplier"
include:
A serious violation for the same pollutant,
at the same discharge point source, in any two months of any consecutive
six-month period;
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;
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;
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
Failure to submit a completed discharge monitoring
report in any two months of any consecutive six-month period.
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:
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;
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.
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);
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;
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;
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;
Failure to accurately report noncompliance;
Any other violation or group of violations which
the NJDEP determines will adversely affect the operation or implementation
of the pretreatment program.
The solid residue and associated liquid resulting from the
physical, chemical or biological treatment of domestic or industrial
wastewaters.
Any discharge of a nonroutine, episodic nature, including,
but not limited to, an accidental spill or a noncustomary batch discharge.
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
Water resulting from precipitation (including rain and snow)
that:
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.
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.
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.
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.
Abbreviation for the Environmental Protection Agency, an
agency of the United States government.
Any individual, firm, company, partnership, corporation,
association, group or society, which discharges wastewater into a
treatment works.
A combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions.
The structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
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.Â
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.Â
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.Â
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.Â
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; 4-9-2018 by Ord. No. 23-2018; 4-8-2019 by Ord. No. 13-2019;[1] 7-27-2020 by Ord. No.
21-2020;[2] 4-26-2021 by Ord. No. 15-2021;[3] 7-25-2022 by Ord. No. 35-2022;[4] 5-22-2023 by Ord. No. 32-2023[5]]
(1)Â
There shall be a basic connection fee established in accordance with
N.J.S.A. 40A:26A-11. The sewer connection fee effective July 1, 2023,
shall be:
(a)Â
For single-family dwelling units, $6,726, and for multiple-dwelling
units, $6,726 per unit.
(b)Â
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: $6,726
per unit.
(2)Â
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
7-1-2019.
[2]
Editor's Note: This ordinance provided an effective date of
8-1-2020.
[3]
Editor's Note: This ordinance provided an effective date of
7-1-2021.
[4]
Editor's Note: This ordinance provided an effective date of
7-1-2022.
[5]
Editor's Note: This ordinance provided an effective date of
7-1-2023.
B.Â
Sewer connection expenses; responsibility for maintenance,
repair and replacement of laterals.
[Amended 9-25-2017 by Ord. No. 39-2017]
(1)Â
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)Â
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.
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.
