Borough of Alpha, NJ Sewers, Sewage and Industrial Waste

To prevent the introduction of pollutants which will interfere with the operation of the treatment works or contaminate the resulting sludge.

To prevent the introduction of pollutants which will pass through the treatment works, inadequately treated, into receiving waters or the atmosphere, or otherwise be incompatible with the treatment works and this article.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

To improve the opportunity to recycle and reclaim wastewaters and sludges from the treatment works.

This article authorizes monitoring and enforcement activities, requires industrial user reporting and provides for the regulations of discharges to the POTW through enforcement of general requirements for all dischargers. Except as otherwise provided, the approval authority of the Borough of Alpha shall administer, implement and enforce this article.

§ 403-63 Definitions.

Unless the context specifically indicates otherwise, the following terms shall have the following meanings:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

The director of the department of the Borough designated by the Borough to administer this article or his or her authorized representatives.

APPROVED TEST PROCEDURE

All analysis shall be performed in accordance with the analytical test procedures approved under 40 CFR 136. Analysis for those pollutants not covered therein shall be performed in accordance with procedures approved by the NJDEP.

An authorized representative of an industrial user may be:

A principal executive officer of at least the level of vice president, if the industrial user is a corporation.

A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively.

BIOCHEMICAL OXYGEN DEMAND (BOD)

A duly authorized representative of the individual designated under Subsection A(1) or (2) above, if such representative is responsible for the overall operation of the regulated facility (such as a position of plant manager, superintendent or person of equivalent responsibility).

The quantity of oxygen utilized in the biochemical oxidation of organic matter for five days at 20º C expressed in terms of concentration, i.e., milligrams per liter (mg/l), in accordance with standard test methods.

BOROUGH

The Borough of Alpha.

[Amended 7-12-1994 by Ord. No. 502]

CATEGORICAL INDUSTRIAL USER

An industrial user subject to categorical standards in accordance with the Environmental Protection Agency General Pretreatment Standards (40 CFR Part 403).

CATEGORICAL STANDARDS

Pretreatment standards as codified in 40 CFR, Chapter I, Subchapter N, specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to a POTW by existing or new industrial users in specific industrial subcategories.

CHEMICAL OXYGEN DEMAND (COD)

A measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater expressed as the amount of oxygen consumed from a chemical oxidant in accordance with an approved test procedure.

COMMISSIONER

The Commissioner of the NJDEP or his or her authorized representative.

COMPATIBLE POLLUTANT

Biochemical oxygen demand, suspended solids, pH, fecal coliform bacteria and such additional pollutants as are (or may in the future be) specified and controlled in the Borough NJPDES permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the NJPDES permit.

COMPOSITE SAMPLE

A sample consisting of several aliquots collected during a specified time period and combined to make a representative sample.

CONDITIONALLY EXEMPT USER

Any participant that conducts a dry operational process, thereby discharging only domestic wastewater into the sewer system; however, by means of in-house procedures, has the potential to discharge wastewater material of a quantity which would impact on the treatment works.

CONSISTENT REMOVAL

A reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or to a harmless state, as measured according to the procedures set forth in 40 CFR 403.7 of the General Pretreatment Regulations for Existing and New Sources of Pollution.

CONTROL AUTHORITY

Refers to the approval authority, defined above.

COOLING WATER

Any water used for the purpose of carrying away excess heat and which may contain biocides used to control biological growth or other additives to protect the system against corrosion, scaling or other additives.

DISCHARGE

The releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of a waste material into the waters of the state or onto the land or into wells which might flow or drain into said waters, and shall include the release of any pollutant or waste stream into a municipal treatment works.

DOMESTIC WASTEWATER

The liquid-borne waste discharged from residential units, normally resulting from the noncommercial preparation, cooking and handling of food wastes from sanitary conveniences.

EMERGENCY

A situation which, in the opinion of the approval authority or his or her authorized representative, may cause interference and/or pass-through, damage to the POTW or present a health hazard to personnel, the general public or the environment.

EPA

The United States Environmental Protection Agency.

EXEMPT FACILITY

Any participant that conducts a dry operational process and has no potential to discharge nondomestic wastewater.

EXISTING USER or EXISTING INDUSTRIAL USER

Includes all persons discharging wastewater to treatment works of the Borough or the participants at the time this article is adopted by the Borough.

GARBAGE

Solid waste from the domestic and commercial preparation, cooking, dispensing, handling, storage and/or sale of food.

GRAB SAMPLE

A sample taken from a waste stream on a one-time basis without regard to flow or time.

HOLDING TANK WASTE

Any waste from holding tanks, such as vessels, chemical toilets, campers, trailer, septic tanks and vacuum-pump tank trucks.

INCOMPATIBLE POLLUTANT

Any pollutant which is not a compatible pollutant.

INDUSTRIAL DISCHARGE PERMIT

A permit duly issued by the approval authority, or participant if the program is delegated pursuant to § 403-65H, to any industrial user in accordance with this article. Such permit may establish discharge limitations, monitoring and reporting obligations and other requirements that are more or less stringent than this article.

INDUSTRIAL PROCESS WASTEWATER

The liquid waste or liquid-borne waste resulting from the processes employed by any person identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:

Division A. Agriculture, Forestry and Fishing.

Division B. Mining.

Division D. Manufacturing.

Division E. Transportation, Communications, Electric, Gas and Sanitary Services.

Division I. Services.

INDUSTRIAL USER

Any user which discharges nondomestic wastewater in a quantity or quality which is determined to have a potential for adversely impacting the Borough's or the town's sewer system or POTW. Industrial users are further classified according to the degree of potential as:

[Amended 7-12-1994 by Ord. No. 502]

CLASS 1 USERAny user which:

Is subject to Federal Categorical Pretreatment Standards under 40 CFR 103.6 and 40 CFR Chapter 1, Subchapter N;

Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters);

Contributes a process wastestream which makes up 5% or more of the dry weather hydraulic or organic capacity of the POTW; or

(d)

Is designated as such by the control authority on the basis that the user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement [in accordance with 40 CFR 403.8(f)(6)].

CLASS 2 USERAny user that discharges nondomestic wastewater into the sewer system in amounts that, on a routine basis, have an insignificant impact on the treatment but which may have the potential to impact the collection or treatment system or violate the prohibited discharge limitations in the Borough's Industrial Pretreatment Ordinance. This class also includes any user which presents the potential to cause sewer obstructions, slug loads or chemical spills.

CLASS 3 USERAny user which has a very small potential to impact the treatment system through the discharge of oil and grease, storage of chemicals, etc., or are otherwise considered to have a minor impact on the treatment system. These users will be checked periodically to determine if there has been any significant change in the quantity or quality of their discharge.

INTERFERENCE

Inhibiting or disrupting the operation of a POTW or its treatment process so as to contribute to cause or increase a violation of any condition of a state or federal permit under which the POTW operates; or discharging industrial process wastewater which, in combination with existing domestic flows, are of such volume or strength as to exceed either the industrial user's permit conditions, the concentrations set forth in Table 1, the requirements approved by the approval authority or the sewer use article of the participant where the discharge is located, or any combination of the foregoing; or preventing the approved use or disposal of sludge produced by the POTW in accordance with Section 405 of the Act, and regulations criteria or guidelines developed pursuant to the Federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 3251 et seq.), the Federal Clean Air Act (42 U.S.C. § 7401 et seq.), the Federal Toxic Substance Control Act (15 U.S.C. § 2601 et seq.), Sections 2, 4 and 6 of the State Act and, to the extent practicable, the New Jersey Guidelines for the Utilization and Disposal of Municipal and Industrial Sludges and Septage.

MAJOR INDUSTRIAL USER

Any industrial user discharging industrial process wastewater where either:

The discharger is subject to categorical pretreatment standards;

Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blow-down wastewaters) to the POTW or that contributes a process wastewater hydraulic or organic capacity of the POTW treatment plant; or

NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES)

That is designed as such by the approval authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

The New Jersey system for the issuing, modifying, suspending, revoking, reissuing, terminating, monitoring and enforcing discharge permits pursuant to the State Act. The term also includes discharge permits (NJPDES) issued pursuant to Section 402 of the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.).

NJDEP

The New Jersey Department of Environmental Protection.

NONDOMESTIC

Wastewater of a quantity or quality which would have an impact on the treatment works.

PARTICIPANT

All the municipalities, local sewerage authorities, companies or customers that sign a service agreement that provides for the treatment of sewerage by the Borough's treatment works.

PERMITTED INDUSTRIAL USER

An participant who discharges nondomestic wastewater into the sewer system which is regulated by means of an industrial pretreatment permit.

PERSON

Any individual, firm, company, partnership, corporation, association, group or society, including the State of New Jersey and agencies, districts, commissions and political subdivisions created by or pursuant to state law and federal agencies, departments or instrumentalities therefore.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions in moles per liter of solution. Solutions with a pH greater than seven are said to be basic; solutions with a pH less than seven are said to be acidic; pH equal to seven is considered neutral. Analysis shall be performed in accordance with an approved test procedure.

POLLUTANT

Any dredged spoil, solid waste, holding tank waste, incinerator residue, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical waters, biological materials, radioactive substance, thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal or agricultural waste or other substance discharged directly or indirectly into the waters of the state, the introduction of which renders these waters detrimental or immediately or potentially dangerous to public health or unfit for public or commercial use.

PRETREATMENT

The application of physical, chemical and/or biological processes, except by dilution, to reduce the amount of pollutants in, or alter the nature of the polluting properties of, wastewater prior to discharging such wastewater into the treatment works.

PRETREATMENT STANDARDS

All applicable federal or state rules and regulations implementing Section 307 of the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.) or N.J.S.A. 58:11-49, as well as nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent shall apply.

PUBLICLY OWNED TREATMENT WORKS (POTW)

Treatment works owned and operated by the Borough or any participant.

REGIONAL ADMINISTRATOR

The Regional Administrator for Region II of the United States Environmental Protection Agency or his or her authorized representative.

SIGNIFICANT VIOLATION

Chronic violations of wastewater discharge limits, defined 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 for the same pollutant parameter;

TRC) violations, defined as those in which 33% or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily average maximum limit or the average limit times the applicable TRC (TRC the applicable TRC (TRC — 1.4 for BOD, TSS 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 approval authority determines has caused, along 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 to halt or prevent such a discharge;

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in the permit 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 and reports on compliance with compliance schedules;

(7)

Failure to accurately report noncompliance; or

(8)

Any other violation or group of violations which the approval authority determines will adversely affect the operation or implementation of the local pretreatment program.

A classification pursuant to the Standard Industrial Classification Manual, 1987 (as revised), issued by the Executive Office of the President Office of Management and Budget.

STATE

State of New Jersey.

STATE ACT

The New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.

STORMWATER

Any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.

SUSPENDED SOLIDS

The total nonfilterable residue as defined in Manual of Methods for Chemical Analysis of Water and Wastes and analyzed in accordance with an approved test procedure.

TOTAL TOXIC ORGANICS

The following compounds which encompass EPA Method No. 613, 624 (Parts 601-602) and 625 (Parts 604-12):

Parameter		EPA Method Number
2, 3, 7, 8 - Terchlorodibenzeno-p-dioxin		613
Purgeables		624
Purgeable Halocarbons Includes:	Part 601
	Bromoform
	Bromodichloramethane
	Bromomethane
	Carbon tetrachloride
	Chlorobenzene
	Chloroethane
	2-Chloroethylvinyl ether
	Choloroform
	Chloromethane
	Dibromochloromethane
	1, 2-Dichlorobenzene
	1, 3-Dichlorobenzene
	1, 4-Dichlorobenzene
	Dichlorodifluormethane
	1, 1-Dichloroethane
	1, 2-Dichloroethane
	1, 1-Dichloroethene
	tans-1, 2-Dichlorethene
	1, 2-Dichloropropane
	cis-1, 3-Dichloropropane
	trans-1, 2-Dichloropropene
	Metylene Chloride
	1, 1, 2, 2-Tetrachloroethane
	Tetrachloroethene
	1, 1, 1 Trichloroethane
	1, 1, 2-Trichloroethane
	Trichloroethene
	Trichlorofluormethane
	Vinyl chloride
Purgeable Aromatics Includes:	Part 602
	Benzene
	Chlorobenzene
	1, 2-Dichlorobenzene
	1, 3-Dichlorobenzene
	1, 4-Dichlorobenzene
	Ethylbenzene
	Toluene
Base/Neutral, Acids and Pesticides		625
Phenols Includes:		Part 604
	4-Chloro-3-methylphenol
	2-Chlorophenol
	2-4-Dichlorophenol
	2-Methyl-4, 6-dinitrophenol
	2-Nitrophenol
	4-Nitrophenol
	Pentachlorophenol
	Penol
	2, 4, 6-Trichlorophenol
Benzidines Includes:		Part 605
	Benzyl butyl phthalate
	3, 3-Dichlorobenzidene
Phthalate Esters Includes:	Part 606
	Benzyl butyl phthalate
	Bid (2-ethylexyl) phthalate
	Di-n-butyl phthalate
	Di-n-butyl phthalate
	Diethyl phthalate
	Dimethyl phthalate
Nitrosamines Includes:		Part 607
	N-nitrosodimetylamine
	N-nitrosociphenylamine
	N-nitrosodi-n-propylamine
Organochlorine Pesticides and PCBS Includes:		Part 608
	Aldrin
	a-BHC
	b-BHC
	d-BHC
	g-BHC
	Chlordane
	4, 4-DDD
	4, 4-DDE
	4, 4-DDT
	Dieldrin
	Endosultan I
	Endosultan II
	Endosultan Sulfate
	Endrin
	Endrin Aldehyde
	Heptachlor
	Heptachlor Epoxide
	Toxaphene
	PCB-1016
	PCB-1221
	PCB-1232
	PCB-1242
	PCB-1248
	PCB-1248
	PCB-1254
	PCB-1260
Nitroaromatic and Isphorone Includes:		Part 609
	Isophorone
	Nitrobenzene
	2, 4-Dinitrotoluene
	2, 6-Dinitrotoluene
Polynuclear Includes:	Aromatic Hydrocarbons	Part 610
	Acenaphthene
	Acenaphythylene
	Anthracene
	Benzo(a)anthracene
	Benzo(b)pyrene
	Benzo(g)perylene
	Benzo(k)fluoranthene
	Chrysene
	Dibenzo, (a,h)anthracene
	Fluoranthene
	Fluorene
	Indeno(1,2,3-cd)pyrene
	Naphthalene
	Phenanthrene
	Pyrene
Haloethers Includes:		Part 611
	Bis (2-chloroethyl) ether
	Bis (2-chloroethoxy) methane
	Bis (2-chloroisporopyl) ether
	4-Bromophenyl phenyl either
	4-Chlorophenyl phenyl ether
Chlorinated Hydrocarbons Includes:		Part 612
	Hexachlorocyclopentadiene
	Hexachlorobenzine
	Hexachlorobutadiene
	Hexachloroethane
	1, 2-Dichlorobenzene
	1, 2, 4-Diochlorobenzene
	1, 3-Dichlorobenzene
	1, 4-Dichlorobenzene
	2-Chloronaphthalene

TOWN

The Town of Phillipsburg.

[Added 7-12-1994 by Ord. No. 502]

TOXIC POLLUTANT

Those pollutants or combinations of pollutants, including disease-causing agents, which, after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly or indirectly, by ingestion through food chains, may, on the basis of information available to the Commissioner, cause death, disease, behavioral abnormalities, cancer, genetic mutants, physiological malfunctions, including malfunctions in reproduction, or physical deformation in such organisms or their offspring. Toxic pollutants shall include but not be limited to those pollutants designated under Section 307 of the Federal Act or Section 4 of the State Act.

TREATMENT WORKS

Any device or system, whether public or private, used in collection, transportation, storage, treatment, recycling or reclamation of municipal or industrial waste of a liquid nature, including: intercepting sewers, outfall sewers, sewage collections systems, cooling towers and ponds, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear will facilities; and any other works, including site for the treatment process or ultimate disposal of residues resulting from such treatment.

TREATMENT WORKS PLANT

That portion of the treatment works designed to provide treatment to wastewater.

WASTEWATER

The liquid and water-carried wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is discharged into or permitted to enter the treatment works of the Borough or any participant.

Terms not otherwise defined herein shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation; the Federal Guidelines for State and Local Pretreatment Programs, EPA-430/9-76-017a, Volume 1, 1997, or the latest revision thereof; the Clean Water Act, 33 U.S.C. § 1251 et seq.; and the New Jersey Water Pollution Control Act, N.J.S.A. 58:11-49 et seq., 1972.

§ 403-64 Abbreviations.

The following abbreviations shall have the following meanings:

BOD	Biochemical oxygen demand, five-day
C.F.R.	Code of Federal Regulations
COD	Chemical oxygen demand
EPA	United States Environmental Protection Agency
IPP	Industrial Pretreatment Program [Added 7-12-1994 by Ord. No. 502]
l	Liter
mg	Milligrams
mg/l	Milligrams per liter
N.J.A.C.	New Jersey Administrative Code
NJDEP	New Jersey Department of Environmental Protection
POTW	Publicly Owned Treatment Works
SIC	Standard Industrial Classification
TSS	Total suspended solids
USC	United States Code

§ 403-65 Prohibitions and limitations on wastewater discharges.

Prohibitions on wastewater discharges. No person may discharge, or allow to be discharged, into treatment works of the Borough or any participant any wastewater which causes pass-through or interference of, contributes to a violation of any parameter in the Borough's NJPDES permit or to a violation of a participant's sewer use ordinance or which contain any of the following:

Oil and grease. All oil, fats and grease, including petroleum-based hydrocarbons petroleum oil, nonbiodegradable cutting oil or products or mineral oil origin in amounts that will cause interference or pass-through; or floatable fats, wax, grease or oil, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 32º F. and 150º F. (zero degrees Celsius and 65º C.) at the point of discharge into the treatment works.

Explosive and/or flammable mixtures. Liquids, solids or gases which by reason of their nature or quantity may, either alone or by interaction with other substances, cause fire or explosion or be injurious in any other way to the treatment works or to the operation of the works (such materials include but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides) or waste streams with a closed-up flash point of less than 140º F. or 60º C. using the test methods specified in 40 CFR 261.21.

Noxious materials. Pollutants which, either singly or by interaction with other wastes, are malodorous, are capable of creating public nuisance or hazard to life or health, or are present in sufficient concentrations to prevent entry into the treatment works for its maintenance and repair.

Improperly shredded garbage. Garbage that has not been ground or comminuted to such a degree that all particles will be floating or carried freely in suspension under flow conditions normally prevailing in the treatment works, with no particle greater than 1/2 inch in any dimension, except that this prohibition does not apply to garbage disposal units in private dwellings whose only discharge is domestic wastewater.

Radioactive wastes. Any discharge which may result in toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems, or radioactive wastes not in conformance with N.J.A.C. 7:28-11.2 (disposal of radioactive materials-disposal by release into sanitary sewage systems).

(6)

Solid or viscous wastes. Solid or viscous wastes which may cause obstruction to the flow in a sewer or otherwise interfere with proper operation of the treatment works (such materials include but are not limited to: grease, improperly shredded garbage, animal guts or tissues, diseased human organs or tissue fluids, paunch blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, and similar substances).

(7)

Excessive discharge. Wastewater at a flow rate during a period longer than 15 minutes that exceeds more than five times the average daily flow rate of the industrial user during normal operation, or wastewater containing such concentration or quantities of pollutants that may in the judgment of the approval authority cause a treatment process upset, interference or significant loss of treatment efficiency.

(8)

Toxic pollutants. Any toxic pollutant exceeding standards promulgated by the Administrator of the EPA pursuant to Section 307(a) of the Clean Water Act of 1977 (as amended), or standards promulgated pursuant to Section 4 of the State Act.

(9)

Stormwaters, surface water, groundwater, roof runoff, swimming pool water, subsurface drainage, foundation (new construction), floor drain or basement sump drainage, pond water, unpolluted cooling water or unpolluted industrial process water. Inside floor drains will be exempted for those specific cases as deemed necessary due to local codes.

[Amended 7-11-1995 by Ord. No. 95-12]

(10)

Discolored materials. Colored wastes containing materials which cause the treatment works to exceed water quality color criteria or cause the sewerage plant influent or effluent to exhibit color characteristics other than normal wastewater color characteristics.

(11)

Substances interfacing with sludge management. Any substance which may cause the POTW's sludge to be unsuitable for reclamation, reuse or disposal. In no case shall a substance discharged to the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or, to the extent practicable, the New Jersey Guidelines for the Utilization and Disposal of Municipal and Industrial Sludges and Septage.

(12)

Corrosive wastes. Any waste which may cause corrosion or deterioration of the treatment works; all wastes discharged to the treatment works must not have a pH value lower than 6.0 or greater than 9.0 standard units. Prohibited materials include, but are not limited to: concentrated acids, alkalis, sulfides, chloride and fluoride compounds and substances which have a pH value outside the range of 6.0 to 9.0 standard units.

(13)

Heat. Heat in amounts which will inhibit biological activity in the treatment works, resulting in interference or causing damage, but in no case heat in such quantities that the temperature exceeds 65º C. (150º F.) at the sewer connection and 40º C. (104º F.) at the treatment works plant, unless the NJDEP, upon request of the POTW, approves alternatives temperature limits.

(14)

Trucked and hauled wastes. Any discharge of trucked or hauled waste except at discharge points designated by the POTW. Septage or wastes from septic tanks, cesspools or other such sources of sanitary waste.

[Amended 7-11-1995 by Ord. No. 95-12]

(15)

Any residues from petroleum storage, refining or processing, waste fuels, lubricants, solvents or paints.

[Added 7-11-1995 by Ord. No. 95-12]

(16)

Any pollutant, including oxygen demanding pollutants (BOD, COD, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.

[Added 7-11-1995 by Ord. No. 95-12]

Specific limitations on wastewater discharges. Table I presents the maximum concentrations of specific pollutants for wastewater discharges to the treatment works by any person. Dilution of any wastewater discharge for the purpose of satisfying these requirements is a violation of this article. No user shall discharge wastewater with pollutant levels exceeding the maximum concentration in Table I, unless a variance has been granted by an industrial user discharge permit pursuant to the permit provisions of this article.

[Amended 7-11-1995 by Ord. No. 95-12]

	TABLE I
	SPECIFIC POLLUTANTS
	Maximum Permissible Concentration (mg/l)
	Parameter	Maximum Concentrations From Industrial Connections to POTW (mg/l)
	Arsenic (As)	0.01
	Cadmium (Cd)	0.01
	Chromium Total [Cr (T)]	0.30
	Chromium Hexavalents [Cr (H)]	0.30
	Copper (Cu)	0.31
	Cyanide (CN)	Not detectable
	Lead (Pb)	0.05
	Mercury (Hg)	Not detectable
	Nickel (Ni)	1.65
	Oils and grease (O/G)	30.0
	pH	greater than 6.0 but less than 9.0 standard units
	Petroleum hydrocarbons	15.0
	Phenol	0.09
	Silver (Ag)	0.05
	Total Toxic Organics (TTO)*	3.7
	Total Halogenated Organics	5.0
	Zinc	3.0
	All uses will meet the following compatible pollutant limits unless specified in writing by the Town of Phillipsburg:
	Biochemical Oxygen Demand (BOD₅)	250.0
	Total Suspended Solids (TSS)	250.0
	TKN	40.0
	Ammonia Nitrogen	25.0

	All concentrations for metallic substances are for "total" metals unless indicated otherwise.
	All parameters with a not detectable (ND) limit should be analyzed down to the NJDEP Recommended Quantitation Levels.
	The above listed concentrations and characteristics may be altered and/or expanded as necessary to meet treatment or sludge disposal requirements or in the event of cumulative overload of the Phillipsburg Sewage Treatment Plant.
	The admission into the treatment works of any water or wastes having a five-day BOD in excess of 250 mg/l on a twenty-four-hour composite basis or for any grab sample having a BOD in excess of 400 mg/l will be subject to review by the approval authority. Where necessary, in the opinion of the approval authority, the owner shall provide at his own expense such pretreatment as may be required to reduce the BOD to meet the above requirements.
	*NOTE: The permittee will be required to monitor for TTOs for three successive months at the commencement of said permit. Results shall be submitted along with the second required quarterly monitoring report as noted within the permittee's Effluent Guidelines and Monitoring Requirements Table. If all three successive monthly sampling analysis fall below the quarterly limit for TTOs stated within the final industrial pretreatment permit, the permittee may apply for an exemption of the TTO test if granted by this town.
	If the permittee does not qualify for exemption of the TTO test by not achieving all three successive monthly sampling analysis below the quarterly limit for TTOs stated within the final industrial pretreatment permit, the permittee must continue to sample for TTOs on a quarterly basis thereafter until the expiration of the industrial pretreatment permit.
	The above stated conditions are applicable to all facilities with the exemption of hospitals, medical centers, learning institutions and all laboratories (commercial, industrial, research, etc.) which are required to test for TTOs on a quarterly basis during the life of the industrial pretreatment permit. Food industries are required to submit only two successive monthly sampling analysis. All remaining conditions remain applicable as noted. Furthermore, all permitted industries governed by federal categorical standards may be subject to a TTO Management Plan.
	All facilities having multiple-point discharges may composite for their TTO samples based upon flow percentage from each of the multiple-point discharge sampling locations. Acrolein, Acrylonitrile and Dioxin are generally exempt parameters pertaining to all TTO sampling and analysis; however, the Borough does reserve the right to require analytical data on such parameters if necessary.

Federal categorical pretreatment standards. Upon promulgation of a federal categorical pretreatment standard for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede these limitations and affected industrial users shall comply with such standards within the stated deadlines. The approval authority shall make reasonable attempts to notify affected industrial users of the applicable reporting requirements under 40 CFR 403.12, but a failure to notify does not relieve such industries of the obligation to comply with such reporting requirement.

Modification of federal categorical pretreatment standards. If the Borough's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the Borough may apply to the Director of the NJDEP Division of Water Resources for modification of specific limits in the federal pretreatment standards. If the requirements contained in 40 CFR Section 403.7 are fulfilled and prior approval from the Director of the NJDEP Division of Water Resources is obtained, the Borough may modify pollutant discharge limits in the federal pretreatment standards.

[Amended 7-11-1995 by Ord. No. 95-12]

State requirements. State requirements and limitations on discharges shall apply where they are more stringent than this article or the federal requirements.

Borough's right to revisions. The Borough reserves the right to establish more stringent limitations or requirements on discharges to the treatment works than are contained in this article.

Excessive discharge. No industrial user shall increase the use of process water or in any way otherwise dilute a discharge as a substitute for adequate treatment to comply with the federal categorical pretreatment standards or any other pollutant-specific limitation developed by the Borough or the state.

Local requirements. Any participant's requirements and limitations on discharges which are more stringent than this article or the federal requirements shall apply to discharges within their respective service areas.

Delegation. A participant who can demonstrate to the satisfaction of the approval authority that they have in place requirements equal to or more stringent than those set forth herein and the institutional capabilities to administer the same, may request that this program be delegated to them. A participant's requirements must maintain conformity with those requirements set forth herein and may be subject to modifications and addendum upon review. The approval authority shall, once satisfied as to the participant's ability to run the program, negotiate a delegation agreement and present it to the Board of Commissioners for approval.

§ 403-66 Control of prohibited wastes.

Regulatory actions. If wastewaters violating the permit conditions or restrictions imposed under § 403-65 of this article are discharged into the treatment works, the approval authority may take any of the following actions:

Prohibit the discharge of such wastewater.

Require an industrial user to demonstrate that in-plant modifications will reduce or eliminate the discharge so as to be in conformance with this article.

Require pretreatment, including storage facilities or flow equalization, necessary to ensure compliance with this article.

Require the discharger to pay the costs, shown to be resulting from a violation of this permit, incurred by the Borough for any damages including engineering, legal and administrative costs.

Take such other remedial action, including discontinuation of service and/or court action for injunction relief, as may be desirable or necessary.

Pretreatment facilities.

Discharges shall provide wastewater pretreatment if required to comply with this article and shall achieve compliance with federal categorical pretreatment standards within the time limitations specified by the federal pretreatment regulations. Pretreatment facilities, where required, shall be provided for and operated efficiently by the owner or operator at his or her own cost and shall be maintained in good working order subject to the requirements of this article and all other applicable federal, state or local statutes regulations or ordinances.

Grease, oil and sand interceptors shall be provided at the owner's expense when required for the proper removal of flotable grease in excess amounts specified in Specific Pollutant Table I and for the proper removal of all flammable wastes, sand or other harmful or noncompatible ingredients. Their user shall be responsible for maintenance of said interceptor(s) and for the removal and proper disposal of the captured materials and shall maintain records of the dates and means of disposal. All interceptors shall be in conformance with applicable plumbing code requirements.

[Amended 7-11-1995 by Ord. No. 95-12]

Accidental discharges. Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. If required by the approval authority, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or industrial user's own cost and expense. Upon request, detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the approval authority for review and comment prior to construction of the facility. All existing industrial users, where required, shall complete such a plan within 120 days of being notified by the Borough of Alpha of the need for such a plan. No industrial user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge prevention procedures have been reviewed by the approval authority. Review of such plans and operating procedures shall not relieve the industrial user from the responsibility of modifying his/her facility as necessary to meet the requirements of this article.

[Amended 7-11-1995 by Ord. No. 95-12]

Telephone notice. In the case of an accidental discharge of prohibited materials or other substances under this article, or if for any reason an industrial user does not comply or will be unable to comply with any prohibition or limitation in this article, the industrial user responsible for such discharge shall immediately telephone and notify the Borough of the incident. The notification shall include location of discharge, type of waste, concentration and volume. Furthermore, such industrial user shall take immediate action to contain and minimize the accidental discharge to the POTW so as to prevent interference with the treatment process and/or damage to the treatment works.

Written notice. Within five working days following an accidental or noncomplying discharge under this session the industrial user shall submit to the approval authority a detailed written report describing the date, time and cause of the discharge, the quantity and characteristics of the discharge, corrective action taken at the time of the discharge, and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expenses, loss, damage or other liability which may be incurred as result of damage to the POTW, fish kills or any other damage to person or property; such notification shall not relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.

Notice to employees. All industrial users shall develop an emergency notification procedure. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees of the responsible individual who to notify in the event of an accidental or noncomplying discharge. Employers shall ensure that all employees who may cause such a discharge are advised of the emergency notification procedures.

Notification of hazardous waste discharges.

All industrial users shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification is known and readily available to the industrial user; an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of the mass constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place within 30 days of the effective date of this article. Industrial users who commence discharging after the effective date of this article shall provide the notification under this subsection; it need be submitted only once for each hazardous waste discharged. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements.

Industrial users are exempt from the above requirements during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33 (e). Discharge of more than 15 kilograms of nonacute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the industrial user discharges additional quantities of such hazardous waste do not require additional notification.

In the case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

In the case of any notification made under this rule, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

Annual public notification. The Borough shall annually publish in the local newspaper a list of the industrial users which, during the previous 12 months, were significantly violating [as defined by 40 CFR 308.8(f)(2)(vii)] applicable categorical pretreatment standards or other pretreatment requirements. The notification shall also summarize any enforcement actions taken against industrial users during the same 12 months.

§ 403-67 Industrial discharge permits.

Existing major industrial users. Within 60 calendar days after the effective date of this article, or at such time as the system to which their discharge ties into the Borough's treatment works, which ever is later, major industrial users shall apply for an industrial discharge permit. Such application shall be made by completing a form obtained from the approval authority. The terms of such permit may be modified by the approval authority after issuance and a reasonable time provided for compliance with such modified terms. Violations of the terms of such permits are violations of this article.

New major industrial users. New major industrial users may not connect to treatment works of the Borough unless an industrial discharge permit has been obtained. Such users shall apply for an industrial discharge permit at least 120 calendar days before connecting to such treatment works. A written certification from the appropriate federal and state regulatory agencies as to whether the applicant is included within particular industrial categories or subcategories for purposes of industrial pretreatment standards may be obtained in the event that the industry and Borough cannot agree as to the classification.

Categorical industrial users. Within 90 calendar days of the adoption by a federal or state regulatory agency of a categorical pretreatment standard, existing industrial users subject to such standards shall submit an application for an industrial discharge permit as required under § 403-67A of this article. Industrial users subject to categorical pretreatment standards shall also submit a baseline monitoring report (refer to § 403-68A hereof) containing information required under federal and state industrial pretreatment regulations in the form required by the approval authority. The permit application and baseline monitoring report shall be reviewed as a condition of the industrial permit if the applicable categorical standards are not being met.

Permit application procedure.

Upon receipt by the approval authority of necessary information (in the form of a completed permit application) and the permit application fee, the application shall be reviewed and a permit prepared for approval. A copy of duly issued permits shall be forwarded to the participant where the industrial user is located.

Permit applications submitted by corporations shall be signed by a corporate officer or other authorized executive officers. An application shall include a corporate resolution granting that individual authority to make the applications on behalf of the corporation. An application submitted by an industrial user other than a corporation shall be signed by the proprietor or general partner.

Permit terms and conditions.

Discharge permit conditions shall be expressly subject to all provisions of this article and all other rules, regulations, user charges and fees which are in effect of which may be established by the Borough.

The following terms may be imposed by the Borough in the issuance of the permit:

A limitation upon the characteristics and volume of wastes and the rate of flow permitted from the premises.

The installation and maintenance by the permittee at his own expense of facilities or equipment for intermittent or continuous measurement of sewage, industrial wastes or other wastes discharged; detention tanks or other facilities or equipment for reducing the maximum rates of discharge; pretreatment and flow control facilities or equipment for reducing the maximum rates of discharge; pretreatment and flow control facilities; suitable control sampling manhole or manholes; and grease, oil and sand interceptors, separators or traps.

The submittal to and approval by the Borough of plans and specifications for any of the facilities or equipment required to be installed and maintained by the permittee.

(d)

Maintenance of appropriate records of all measurements made by the permittee of sewage, industrial wastes or other wastes specified by the town and affording the Borough access of the aforementioned.

(e)

The submittal to the Borough of periodic reports setting forth adequate dates upon which the acceptability of the sewage, industrial wastes or other waste may be determined subsequent to the commencement of operation of any pretreatment or flow control facilities.

(f)

Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, type and standards for test and reporting schedule.

(g)

Such other terms and conditions as may be necessary to protect the Borough treatment works and to carry out the intent and provisions of this article.

(h)

Requirements for notification of the Borough of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the Borough's treatment works.

(i)

Payments to cover the added costs of handling and treating the waters or wastes, which payments are not covered by existing sewer charges.

(j)

Requirements for notification of slug discharges.

(k)

Requirements for notification of accidental discharges.

(l)

Payment to cover the cost of permit administration.

(m)

Compliance schedules.

Permit duration and renewal. Industrial discharge permits shall expire at the time set forth in the permit, but no later than three years after issuance. If the permittee desires to continue discharging beyond the expiration date, reapplication shall be made not less than 60 calendar days before such expiration date. Renewal of the permit shall be contingent upon adequate compliance with the terms and conditions of the current permit.

Transfer of permits. Industrial discharge permits are not transferable. The permittee shall notify the approval authority no later than 60 days before any proposed change in ownership. The new owner is responsible for obtaining a permit by completing the appropriate application forms.

Change in conditions. An industrial user proposing to make a significant change in its discharge volume or quality shall apply for a permit modification at least 90 days before making changes.

Permit modifications. The terms and conditions of a permit may be subject to modification and change by the Borough during the life of the permit as limitations or requirements are modified and changed. The permittee shall be informed of any proposed changes in this permit as least 30 days prior to the effective date of changes. Any change or new conditions in the permit shall include a reasonable time schedule for compliance.

§ 403-68 Industrial wastewater monitoring and reports.

Reporting requirements for industrial users.

Industrial users subject to categorical standards shall comply with reporting requirements under 40 CFR 403.12, including but not limited to baseline monitoring reports (required under Section 4.3 thereof), pretreatment deadline compliance reports and periodic compliance reports.

Industrial users shall comply with applicable state pretreatment report requirements.

Additional reporting requirements required by an industrial discharge permit, such as:

Quarterly monitoring reports.

Compliance schedules, if required, with monthly progress reports.

Enforcement/compliance reporting deadline, if required.

Noncategorical significant industrial users must submit to the approval authority, as least semiannually (on dates specified by the approval authority) a description of the nature, concentration and flow of the pollutants required to be reported. The report shall be based on sampling analysis performed in the period covered by the report. The sampling and analysis may be performed by the approval authority in lieu of the significant noncategorical industrial user.

Records and monitoring.

Industrial users discharging or proposing to discharge wastewaters to the treatment works shall maintain such records of production and related factors, effluent flow and pollutant amounts or concentration necessary to demonstrate compliance with this article and with state and federal pretreatment standards and requirements.

Such records shall be made available to the Borough upon request by the approval authority. A summary of such data indicating the industrial user's compliance with this article shall be prepared and submitted per permit requirements to the approval authority. Records shall be retained for a minimum of five years or throughout the course of any pertinent litigation.

Industrial users shall install (at his or her own cost) monitoring equipment approved by the Borough to facilitate the accurate observation, sampling and measurement of wastes as required by the permit. Such equipment shall be in working order and kept safe and accessible at all times. Alternatively, the Borough may choose to install such equipment at its expense.

Whether constructed on public or private property, such monitoring facilities shall be constructed according to requirement of the Borough and other applicable construction standards and specifications. Plans and specifications for such work shall be submitted to the approval authority for review and comment before construction.

Inspection, sampling and analysis.

Representative sampling point. Industrial users proposing to connect to, or continue discharging to, any part of the Borough's treatment works must make available, upon request of the approval authority, a sampling point representative of the discharge. Such sampling point shall be approved by the approval authority and shall be located on public property if requested by the approval authority. The cost for installing and maintaining such representative sampling point shall be born by the industrial user. Access to the point shall be available at all times to the Borough and participants for purposes of conducting sampling, inspections, compliance monitoring and metering operations.

Compliance determination. Compliance determination by the approval authority with respect to § 403-65, prohibitions and limitations, shall be made on the basis of either instantaneous grab samples or representative composite samples or representative composite samples of wastewater or as otherwise may be determined by the Borough.

Analysis of industrial wastewater. Laboratory analysis of industrial wastewater samples shall be performed in accordance with an approved test procedure in a laboratory certified by NJDEP to perform said analysis.

Sampling frequency. Sampling of industrial wastewater for the purpose of compliance determination with respect to § 403-65, prohibitions and limitations, will be done at such intervals as the approval authority may designate; however, it is the intention of the approval authority to conduct compliance sampling and inspection or to cause such sampling and inspection or to cause such sampling and inspection to be conducted for all permittees at least once each year.

Confidential information and public access.

Information and data on industrial users obtained from reports, questionnaires, permit applications, monitoring programs, inspection and other sources shall be available to the public and governmental agencies without restriction, unless the industrial users request confidential treatment and demonstrate to the satisfaction of the approval authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets. Public access shall also be governed by N.J.S.A. 47:1A-5. Wastewater constituents and characteristics, however, shall not be recognized as confidential information.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Nonconfidential industrial user information on file with the Borough may be obtained by interested parties (including members of the public and government agencies) by contacting the approval authority to arrange a time and place for review and copying of available documents. The cost of copying shall be the responsibility of such interested party.

When information classified by the approval authority as confidential is requested by the EPA or the NJDEP for purposes related to this article, the NJPDES or the state or federal pretreatment program, the Borough shall refer such requests to the industrial user that furnished the information in question. Confidential information shall be kept in a separate, linked file accessible only to the approval authority or its designee.

§ 403-69 Enforcement procedures; violations and penalties.

Harmful contributions.

The Borough may suspend wastewater treatment service, when necessary in the opinion of the approval authority, to stop an actual or threatened discharge which presents or may present an imminent and substantial endangerment to the health or welfare of persons or the environment or cause interference to the POTW.

A person notified of the suspension of wastewater treatment service shall immediately stop or eliminate the contribution of wastewater. If such person fails to comply with the suspension notification, the Borough shall take necessary steps, including immediate severance of the sewer connection pursuant to N.J.S.A. 58:11-56, to prevent or minimize damage to treatment works or endangerment to individuals or the environment. The Borough may reinstate wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement contribution and the measures taken to prevent any future occurrence shall be submitted to the Borough within 15 calendar days of the date of occurrence.

Termination of services. In addition to termination under Subsection A, any discharger violating the following conditions, or applicable state statutes or regulations, may have service terminated in accordance with N.J.S.A. 58:11-56.

Failure of an industrial user to accurately report the wastewater constituents and characteristics of his discharge.

Failure of the industrial user to report significant changes in operations or wastewater constituents and characteristics.

Refusal of reasonable access to the discharger's premises for the purpose of inspection or monitoring.

A significant violation of this article.

Legal action.

Penalties. A person violating any provision of this article (including pretreatment standards), any provision of the pretreatment standards for sewage, N.J.S.A. 58:11-49 et seq., or any regulations promulgated thereunder, shall be liable for a penalty of not more than $1,250, imprisonment for not more than 90 days or a term of community service for not more than 90 days, or any combination thereof, said fine to be collected in civil action by a summary proceeding under the Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et seq.), or in any case before a court of competent jurisdiction. If the violation is of a continuing nature, each day shall constitute a separate and distinct violation.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

If the violation is not corrected by timely compliance, the approval authority may order any person who causes or allows an unauthorized discharge to show why service should not be terminated. A notice shall be served on the offending party to show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Services may be made on any agent or officer of a corporation. Such show cause hearing is not a condition precedent to legal action under this subsection.

A hearing officer designated by the approval authority shall conduct the hearing and take the evidence. Such hearing officer is empowered to:

Issue notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing.

Transmit to the approval authority a report of the evidence and hearing, including transcriptions, records and other evidence, together with recommendations for action thereon.

At any public hearing, testimony taken must be under oath and recorded either by the hearing officer in summary manner or stenographically. In the latter case, the transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefore.

After the hearing officer has reviewed the evidence, he/she may recommend that the approval authority issue an order to the party responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated, and such further orders and directives are necessary and appropriate.

§ 403-70 Fees.

[Amended 7-12-1994 by Ord. No. 502]

Purpose. It is the purpose of this section to provide for the recovery of costs incurred by the Borough related to the development and implementation of the EPA and NJDEP-Borough mandated Industrial Pretreatment Program. These fees are separate and are in addition to any other regular fees charged by the Borough for treating an industrial user's wastewater. The applicable charges or fees shall be set forth hereinafter.

[Amended 6-22-2004 by Ord. No. 04-16]

Charges and fees. The following fees and charges are hereby established:

Fees for reimbursement of costs to establish and operate the Borough's Industrial Pretreatment Program. Activities covered under the standard permit fee will include monitoring and inspection of the industrial/commercial users as deemed necessary, preparation and issuance of wastewater contribution permits and applications, review of completed applications, review of industrial/commercial and Borough sampling data taken as required under the IPP, enforcement activities, legal, insurance and engineering fees associated with the IPP, in-house laboratory costs associated with the IPP and all other administrative costs associated with the IPP. These fees are to be as follows:

[Amended 6-22-2004 by Ord. No. 04-16]

Class 1 Users, as defined in § 403-63, Definitions, shall be charged an annual fee of $5,000.

Class 2 Users, as defined in § 403-63, Definitions, shall be charged an annual fee of $2,500.

Class 3 Users, as defined in § 403-63, Definitions, shall be charged an annual fee of $250.

Fees for reviewing accidental discharge notifications and responses. This subsection is reserved for future use.

Fees for filing appeals. This subsection is reserved for future use.

Fees for consistent treatment of pollutants by the town discharged by a user which would otherwise subject the user to federal categorical standards. This subsection is reserved for future use.