[Adopted 9-8-1947 by Ord. No. 492 (Art.
71, Ch. B, of the 1970 Revised Ordinances)]
No person, persons, firm or corporation shall
discharge or otherwise introduce or permit the discharge or introduction
into the sanitary sewer system of the Borough of Madison, or any lateral
tributary thereto, of any waste other than domestic sewage from toilets,
baths, showers, washbowls and sinks, unless an application for the
discharge of such wastes has been filed with the Madison-Chatham Joint
Meeting and approved by the same, in accordance with the terms of
a certain agreement existing between the Borough of Madison and the
Borough of Chatham, New Jersey, entitled, "Joint Contract for New
Disposal Plant Between the Borough of Madison and the Borough of Chatham,
New Jersey, dated January 2, 1929," as the same has been amended and
supplemented.[1]
[Amended 9-24-2007 by Ord. No. 62-2007]
A.
General prohibitions. No person shall discharge, deposit,
cause or allow to be deposited or discharged into the MCJM wastewater
facilities and wastewater treatment works or public sewer any substance,
wastewater or pollutant which may cause pass-through or interference
or that will:
(1)
Not be susceptible to treatment or will interfere
with the process or efficiency of the treatment system, or will exhibit
inhibitory toxicity in the treatment system;
(2)
Violate state or federal statutes, rules or regulations
or pretreatment standards as the same may be promulgated from time
to time;
(3)
Cause the MCJM facilities to violate state or federal
statutes, rules or regulations or pretreatment standards as the same
may be promulgated from time to time; the MCJM NJPDES permit; applicable
receiving water standards; MCJM's permit regulating sludge which is
produced during the treatment process; or any other permit issued
to the MCJM.
B.
Specific prohibitions. No person shall discharge,
deposit, cause or allow to be deposited or discharged into the MCJM
wastewater facilities, wastewater treatment works or public sewer,
any substance, wastewater or pollutant which contains the following:
(1)
Stormwaters, surface water, groundwater, roof runoff,
swimming pool water, subsurface drainage, foundation, floor drain
or basement sump drainage, pond water, noncontact cooling water or
unpolluted industrial wastes.
(2)
Any liquid containing fats, wax, grease or oils, either
emulsified or not, in excess of 100 milligrams per liter of solvent
soluble materials or containing substances which may solidify or become
viscous at temperatures between 32° and 140° F. (0° and
60° C.).
(3)
The discharge of petroleum hydrocarbons in excess
of 100 milligrams per liter monthly average or 150 milligrams per
liter daily maximum as set forth at N.J.A.C. 7:14A-21.2(a).
(4)
Any residues from petroleum storage, refining or processing;
waste fuels, lubricants, solvents, or paints.
(5)
Any wastewater containing any liquids, solids or gases
which, by reason of their nature or quantity, are or may be sufficient
either alone or by interaction with other substances to create an
explosive, flammable or combustible atmosphere in any part of the
MCJM wastewater facilities or wastewater treatment works, including,
but not limited to, wastestreams with a closed-cup flashpoint of less
than 140° F. or 60° C. using the test methods specified in
40 CFR 261.21.
(6)
Any solid or viscous substance in quantities or of
such size capable of causing obstruction to the flow in sewers or
interference with the proper operation of the MCJM wastewater facilities
or wastewater treatment works, such as, but not limited to, mud, straw,
metal, rags, glass, tar, plastics, wood and shavings, ashes, cinders,
sand, feathers, whole blood, paunch manure, hair and fleshing, entrails,
paper or plastic containers, etc.
(7)
Any ground or unground garbage, either from a commercial
garbage disposal units or any other source, except residential garbage
disposal systems.
(8)
Any pollutant, including oxygen-demanding pollutants
(biochemical oxygen demand, chemical oxygen demand, etc.) released
in a discharge at a flow rate and/or pollutant concentration which
will cause interference with the MCJM wastewater facilities or wastewater
treatment works.
(9)
Heat in amounts which will inhibit biological activity
in the MCJM wastewater facilities or wastewater treatment works resulting
in interference, but in no case heat in such quantities that the temperature
at said wastewater facilities or wastewater treatment works exceeds
40° C. (104° F.) unless alternate temperature limits are approved.
(10)
Petroleum oil, nonbiodegradable cutting oil, or products
of mineral oil origin in amounts that will cause interference or pass-through.
(11)
Pollutants which result in the presence of toxic gases,
vapors, or fumes within the MCJM wastewater facilities, wastewater
treatment works or public sewer in a quantity that may cause acute
worker health and safety problems.
(12)
Any waste having a pH lower 5 or higher than 9 or
having any other corrosive property capable of causing damage or hazard
to structures, equipment and personnel of the MCJM.
(13)
Any radioactive waste or isotope of such half-life
or concentration as to be in excess of that permitted by appropriate
regulatory agencies having control over their use or in such quantity
as to cause damage or hazard to structures, equipment, personnel of
the Borough of Madison, Borough of Chatham or MCJM, the wastewater
facilities or wastewater treatment works.
(14)
Any waste containing phenols, noxious or malodorous
solids, liquids or gases, which either singly or by interaction with
other wastes, are capable of creating a public nuisance or hazard
to life, or are or may be sufficient to prevent entry into a sewer
for its maintenance and repair.
(15)
Any wastewater containing toxic pollutants or other substances which may, in sufficient quantity, cause injury, damage or hazard to personnel, structures or equipment, or interference with the MCJM wastewater facilities, wastewater treatment works, public sewer system or any portion of the liquid or solids treatment or handling processes, or that may pass-through the treatment facilities in such condition that it may not achieve state, federal or other existing requirements for the effluent or for the receiving waters. Except as permitted under § 155-8.2, Local limits, the following chemicals are specifically prohibited: alcohols, aldehydes, arsenic and arsenicals, bromine, chlorinated hydrocarbons, compounds with chlorine demands in excess of 100 parts per million, chromium or chromium compounds, copper and copper salts, creosol, cyanide or cyanide compounds, fluorine, iodine, mercury or mercury compounds, nickel and nickel compounds, pesticides, silver and silver compounds, sulfonamide, toxic dyes (organic or mineral), zinc and zinc compounds or other heavy metals; all strong oxidizing agents such as peroxide, chromates, dichromate, permanganates, etc.; compounds producing hydrogen sulfide or any other toxic inflammable or explosive gases, either upon acidification, alkalization, reduction or oxidation; strong reducing agents such as nitrates, sulfites, sulfides; strong acids or strong alkalis, except to the extent set forth herein.
(16)
Any material which exerts or causes:
(a)
Unusual concentrations of inert suspended solids,
such as, but not limited to, Fuller's earth, lime slurries and lime
residues, or of dissolved solids, such as, but not limited to, sodium
chloride and sodium sulfate.
(b)
Excessive discoloration, such as, but not limited
to, dye solutions and vegetable tanning solutions, which cannot be
removed by the wastewater treatment works. In no case shall a discolored
discharge be permitted if, in the opinion of the MCJM, said discharge
is likely to interfere with the operation of the wastewater treatment
system or to cause a violation of the facility's NJPDES permit, applicable
water quality criteria, or sludge disposal regulations.
(c)
Unusual BOD, COD or chlorine requirements in
such quantities as to constitute an unacceptable load or interference
on the MCJM wastewater facilities or wastewater treatment works.
(d)
Any unusual volume of flow or concentration
of wastes constituting a "slug" of such volume or strength so as to
cause a treatment process upset and subsequent loss of treatment efficiency.
(17)
Septage or wastes from septic tanks, cesspools or
other such sources of sanitary sewage.
(18)
Any water added for the purpose of diluting wastes
which would otherwise exceed applicable maximum concentration limits.
[Added 6-12-1989 by Ord. No. 17-89;
amended 9-24-2007 by Ord. No. 62-2007]
No person shall discharge, deposit, cause or
allow to be deposited or discharged into the wastewater facilities
or wastewater treatment works of the MCJM or public sewer any waste
which violates applicable categorical standards. As pretreatment standards
for toxic or other industrial wastes are promulgated by the USEPA
for a given category of industrial user, all industrial users shall
conform to the USEPA timetable for complying with applicable discharge
limitations. Notwithstanding anything set forth herein, an industrial
user shall comply with all local limits and any more stringent standards
which are established by the MCJM or other regulatory agencies. Changes
and additions may be implemented as necessary from time to time by
resolution of the MCJM or ordinance of the Borough. Categorical standards
can be modified only through the federal regulatory mechanisms available
pursuant to 40 CFR 403.7.
[Added 9-24-2007 by Ord. No. 62-2007]
(Reserved)
[Added 9-24-2007 by Ord. No. 62-2007]
A.
Compliance determinations with respect to any conformance
with ordinances or permit conditions or limitations may be made on
the basis of instantaneous grab samples, sequential grab samples,
or composite samples. Sequential grab samples or composite samples
may be taken over a twenty-four-hour period, or any other time span,
as deemed necessary by the NJDEP, to meet the requirements of a specific
situation.
B.
Whenever it shall be necessary for the purpose of
these general sewer use requirements, authorized representatives of
the MCJM, NJDEP, USEPA or other governmental authorities having jurisdiction
may, upon presentation of credentials, enter upon the premises of
any user as follows:
(1)
During business hours, on notice to authorized personnel
of the user, but without the necessity of a warrant, for the purposes
of inspecting, copying or photographing any records required to be
kept.
(2)
At any time without a warrant or prior notice for
the purpose of installing or inspecting any monitoring equipment or
method, inspecting the process wastewater pretreatment facility, and/or
measuring, sampling and/or testing any discharge of wastewater either
from process wastewater pretreatment facilities or the point of discharge
to the MCJM wastewater facilities or wastewater treatment works. The
user shall instruct security personnel to provide immediate access
to such representatives upon presentation of valid credentials at
any hour and under any and all circumstances. The user's security
personnel will be entitled to accompany the entering representatives.
(3)
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the user at the written or verbal request of the
MCJM and shall not be replaced. The costs of clearing such access
shall be born by the user.
(4)
Immediate access shall be granted to authorized representatives
of the MCJM, NJDEP, USEPA or other governmental authorities having
jurisdiction upon presentation of valid credentials. Unreasonable
delays in allowing access to the user's premises shall be a violation
of this section.
C.
Each user shall reimburse the MCJM for the actual
costs incurred by the MCJM for such monitoring, sampling, investigation,
engineering evaluation, administrative costs, legal or other services
which are necessary or appropriate, in addition to those services
which are minimally required and which are properly allocable to the
user's operation. Payment for such expenses shall be made by the user
within 10 days after the submission of an invoice by the MCJM.
A.
Upon advance notice to the Borough Administrator and
the Health Officer, the Superintendent of the MCJM may immediately
suspend a user's discharge, after informal notice to the user, whenever
such suspension is necessary to stop an actual or threatened discharge
which reasonably appears to present or cause an imminent or substantial
endangerment to the health or welfare of persons. Upon advance notice
to the Borough Administrator and the Health Officer, the Superintendent
of the MCJM may also immediately suspend a user's discharge, after
notice and opportunity to respond, that threatens to interfere with
the operation of the POTW, which presents or may present an endangerment
to the environment, or for noncompliance with pretreatment standards
and requirements.
B.
Any user notified of a suspension of its discharge
shall immediately stop or eliminate its contribution. In the event
of a user's failure to immediately comply voluntarily with the suspension
order, and upon advance notice to the Borough Administrator and the
Health Officer, the Superintendent may take such steps as deemed necessary,
including immediate severance of the sewer connection, to prevent
or minimize damage to the POTW, its receiving stream, or endangerment
to any individuals. The Superintendent of the MCJM and/or the NJDEP
may allow the user to recommence its discharge when the user has demonstrated
to the satisfaction of the Superintendent and/or the NJDEP that the
period of endangerment has passed.
[Added 9-24-2007 by Ord. No. 62-2007]
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 155-8, if it can prove that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or cause interference and that either:
A.
A local limit exists for each pollutant discharged
and the user was in compliance with each limit directly prior to and
during the pass-through or interference; or
B.
No local limit exists, but the discharge did not change
substantially in nature or constituents from the user's prior discharge
when the MCJM was regularly in compliance with its NJPDES permit and,
in the case of interference, was in compliance with applicable sludge
use or disposal requirements.
Each user must notify the Superintendent of
the MCJM, and obtain prior written approval, at least 10 days in advance
of any planned significant changes to the user's operations or system
which might alter the nature, quality, or volume of its wastewater,
or result in the user meeting the definition of "significant indirect
user" established at N.J.A.C. 7:14A-1.2, or of any substantial change
in the volume or character of pollutants in their discharge. The MCJM
reserves the right to deny or condition new or increased contributions
of pollutants, or changes in the nature of pollutants, where such
contributions do not meet applicable pretreatment standards and requirements
or where such contributions would cause the MCJM to violate its NJPDES
permit.
A.
The Superintendent may require the user to submit
such information as may be deemed necessary to evaluate the changed
condition.
B.
For purposes of this requirement, significant changes
include, but are not limited to, flow increases of 20% or greater
and the discharge of any previously unreported pollutants.
[Added 9-24-2007 by Ord. No. 62-2007]
A.
An industrial user shall immediately notify the MCJM
of any incident of accidental or slug discharge. The notification
shall include the location of the discharge, type of waste, concentration
and volume.
B.
An industrial user shall take immediate action to
contain and minimize the accidental or slug discharge so as to prevent
interference with the treatment process, damage to the treatment system,
and pass-through to the receiving stream or contamination of the sludge.
C.
Within five days following accidental and/or slug
discharge, the industrial user shall submit to the NJDEP and MCJM
a detailed written report describing the date, time and cause of the
discharge, the quantity and characteristics of the discharge and corrective
action taken at the time of the discharge, and the measures to be
taken by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage or other liability
which may be incurred as a result of damage to treatment system, fish
kills, or any other damage to person or property; nor shall such notification
relieve the user of any fines, civil penalties or other liability
which may be imposed by any permit or other applicable law.
The MCJM shall notify the NJDEP at least annually
which facilities within the sewer service area meet the definition
of "significant indirect user" as set forth at N.J.A.C. 7:14A-1.2.
The MCJM may use a variety of sources to identify SIUs, including
but not limited to user surveys, existing MCJM files, water use and
billing records, utility company records, sewer connection permits,
business license records, Chamber of Commerce rosters, the local telephone
directory, property tax records, industrial directories, newspapers,
advertisements, world wide web, and drive-bys. Once a potential discharger
has been identified, the MCJM may, if it is uncertain of the operations
of that facility, send the user a questionnaire in order to better
evaluate the user's potential of being classified as an SIU. Alternatively,
the MCJM may conduct inspections of some or all such facilities.
The industrial user shall indemnify and save
harmless the MCJM for any expense, loss or damage occasioned the MCJM
by reason of permit violation, the discharge of process wastewater
or any prohibited substance, including, but not limited to, the following:
A.
Any cost incurred by the MCJM in removing, correcting,
preventing or terminating any adverse effects upon the MCJM wastewater
facilities or wastewater treatment works;
B.
Any increase in the cost of sludge processing or disposal;
C.
Any fines or penalties assessed against the MCJM for
such violations of its permits;
D.
The reasonable costs of any investigative inspection
or monitoring survey which leads to the establishment of a violation
of a NJPDES significant indirect user permit and the reasonable costs
of preparing and litigating any action successfully concluded against
the user for such violation; and
E.
Any other actual or compensatory damages to the MCJM
resulting from the discharge.
[Added 6-14-1976 by Ord. No. 15-76;
amended 9-24-2007 by Ord. No. 62-2007]
A.
Grease, oil and sand interceptors or traps shall be
provided for the proper handling of liquid wastes containing grease
in excessive amounts or any flammable wastes, sand and other harmful
ingredients for all food establishments and when in the opinion of
the Plumbing Code Official or Health Officer, except that such interceptors
shall not be required for private living quarters or dwelling units.
All interceptors shall be of a type and capacity approved by the Plumbing
Code Official and designed in accordance with Standard PDI-G 101,
entitled "Testing and Rating Procedure for Type 1 Hydro Mechanical
Grease Interceptors with Appendix of Installation and Maintenance,"
and shall be located as to be readily and easily accessible for cleaning
and inspection.
B.
Grease and oil interceptors shall be constructed of
impervious materials capable of withstanding abrupt and extreme changes
in temperature. They shall be of substantial construction, watertight
and equipped with easily removable covers which, when bolted in place,
shall be gastight and watertight.
C.
Where installed, all grease, oil and sand interceptors
or traps shall be maintained by the owner, at his or her expense,
in continuously efficient operation at all times. The user shall be
responsible for the maintenance of said interceptor(s) or traps and
for the removal and disposal of the captured material and shall maintain
records of the dates and means of disposal. All interceptors or traps
shall be in conformance with applicable plumbing code requirements.
D.
Where installed, all grease and oil interceptors or traps shall be inspected every six months by the Health Department and provisions of § 155-9 shall be enforced by the Health Department. Failure to maintain grease interceptors or traps in a satisfactory manner will result in notification of said condition by the inspecting officer. The owner shall have five days to correct routine maintenance violations and 10 days to effect mechanical repairs, from the date of written notice, or shall be subject to the violations and penalties more fully set forth in § 155-10 of this article.
E.
Application fees, inspection fees, and use fees for
grease, oil and sand interceptors or traps shall be paid to the Borough
in accordance with the applicable rate schedule.
A.
Any person, firm, corporation or other organization
found guilty of violating any provision of this chapter shall, upon
conviction thereof, be punishable by one or more of the following
in the discretion of the Judge: a fine of not to exceed $2,000; or
by imprisonment for a term not exceeding 90 days; or by a period of
community service not exceeding 90 days. In the event that a fine
is imposed, pursuant to this section, such fine shall be no less than
$100.
[Amended 5-11-1970 by Ord. No. 9-70; 8-14-2000 by Ord. No.
35-2000; 5-8-2006 by Ord. No. 19-2006]
B.
In the case of a continuing violation, each 24 hours
of such continuance shall be deemed a separate offense and shall be
punishable as such.
