Borough of Berlin, NJ Article III Industrial Wastes in Sewers

[Adopted 12-15-1975 by Ord. No. 75-16]

§ 261-18 Permit required; application requirements.

A. Any person desiring to deposit or discharge or any person who is now discharging any industrial waste into the sewage collection system of the Borough of Berlin shall make application to do so to the Borough. Such application shall be in the form prescribed by the Borough and shall include the following information:

(1) Number of persons employed.

(2) Period of plant operation.

(3) Water consumption.

(4) Description of processes using water.

(5) List of chemicals used.

(6) Source, volume and rate of wastewater discharged.

(7) Analysis of composite samples of wastewater or anticipated characteristics of sewage and wastes to be discharged.

(8) Any additional information required by the Borough Council.

B. Should any person fail to have his application approved, the Borough shall, upon 24 hours' notice, disconnect such person's connection with the Borough sewage collection system and such service shall not be restored except at such person's expense.

[Amended 2-21-1977 by Ord. No. 77-2]

§ 261-19 Revocation of permit; disconnection of service.

Should any permits be revoked due to the fact that the discharge of industrial waste into the Borough sewage collection system by an industrial user has been altered, reconstituted or differs from that which was discharged into the Borough sewage collection system at the time the Borough permit was issued so that it violates the provisions set forth in this article, the Borough shall, upon 24 hours' notice that the permit has been revoked, disconnect such person's connection with the Borough sewage collection system and such service shall be restored only at such person's expense.

§ 261-20 Time of filing application.

A. Any industrial user desiring to deposit into the Borough of Berlin sewage collection system who is not now discharging into the system must file the application required by § 261-18 at the time the building permit is applied for.

B. Any industrial user who is now discharging industrial waste into the sewage collection system shall submit the application required in § 261-18 within 60 days of passage of this article.

C. Each major industry now discharging into the sewage collection system who cannot comply immediately with the requirements of this article shall submit to the Borough, within 60 days and at subsequent intervals of not more than nine months, a report indicating the specific action, as well as its expected schedule for completion, required to achieve full compliance.

§ 261-21 Regulation of wastes.

[Amended 2-21-1977 by Ord. No. 77-2]

A. Industrial waste may be discharged into the Borough sewage collection system only after permission has been granted by the Borough pursuant to § 261-18 of this article.

B. It shall be unlawful to discharge any waste except those in compliance with this section or any more stringent standards as required by the Environmental Protection Agency (EPA) or the New Jersey Department of Environmental Protection (DEP).

C. When deemed necessary, an industry, at its own expense, may be required to submit to the Borough periodic monitoring reports on the characteristics of its wastewaters. The analytical methods used to determine the waste concentrations must be in accordance with those mentioned in the EPA Testing Regulations 40 CFR 136. Records relative to waste discharges are to be kept on file for a minimum of three years. Samples taken must be representative of the actual discharge and shall be of the composite type. The monitoring equipment used must be consistent with the purpose intended and is not to be used to determine the waste characteristics unless specified in 40 CFR 136.

D. No waste shall be permitted to be discharged into the sewage treatment plant which contains suspended solids, a biochemical oxygen demand or a chemical oxygen demand greater than that for normal domestic sewage. The effluent limitation for these parameters are:

(1) Suspended solids: 300 parts per million.

(2) Biochemical oxygen demand: 250 parts per million.

(3) Chemical oxygen demand: 400 parts per million.

(4) pH: minimum value of 5.0.

E. Determination of surcharge.

(1) There shall be a surcharge above the normal charge for pH as determined by the rate schedule as follows:

(a) Five percent for a pH of 9.0 to 10.0.

(b) Ten percent for a pH of 10.0 to 11.0.

(c) Twenty-five percent for a pH of under 5.0 and between 11.0 and 12.0.

(d) Fifty percent for a pH of over 12.0.

(2) The analysis to determine the sewage strength, as required, shall be performed by a representative of the Borough of Berlin or such testing firm as might be designated. Penalties to be imposed will be based upon the highest pH sample or the lowest pH sample for readings less than 5.0, whichever is greater. Appropriate testing fees as applicable to the analyzations will be at the expense of the discharger.

F. Limits of concentration of substances.

(1) Waste containing an unduly high concentration of substances which will interfere with the normal operation of the sewage treatment plant of the Borough is prohibited and shall be grounds for revocation of the permit described in § 261-19 of this article. The concentration of these substances shall be determined by analysis of the waste at the point of discharge into the sewer and shall not exceed the following requirements:

(a) Temperature: 100º F.

(b) Total solids: 5,000 parts per million.

(c) Phenols: 0.005 part per million.

(d) Cyanide as Cn: 0.1 part per million.

(e) Chromium as Cr: 3.0 parts per million.

(f) Copper as Cu: 1.0 part per million.

(g) Iron as Fe: 5.0 parts per million.

(h) Nickel as Ni: 3.0 parts per million.

(i) Zinc as Zn: 2.0 parts per million.

(j) Boron as B: 1.0 part per million.

(k) Lead as Pb: 0.1 part per million.

(l) Ether as soluble matter: 10.0 parts per million.

(m) Arsenic as As: 4.0 parts per million.

(n) Aluminum sulphate: 10.0 parts per million.

(o) Surface-active agents of synthetic detergents shall be of an approved type, with a high degree of biodegradability.

(2) The analysis to determine the sewage strength as required in Subsection D(1)(a), (b), (c) and (d) herein shall be performed by a representative of the Borough of Berlin or such testing firm as might be designated. The penalties to be imposed will be based upon the highest sample resulting from the test. Appropriate testing fees as applicable to the analyzations will be at the expense of the discharger.

§ 261-22 Certain types of waste prohibited.

The discharge of the following industrial waste into the sewage collection system of the Borough is prohibited and shall be grounds for revocation of the permit pursuant to § 261-19:

A. Gasoline, benzine, naphtha, fuel oil or mineral oil or other flammable or explosive liquid, solid or gas.

B. Garbage, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, paint residues, cannery waste bulk solids, paper mill wastes or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system.

C. Any noxious or malodorous gas or substance which, either singly or by interaction with other wastes, is capable of creating a hazard or menace to life or property or of preventing entry into the sewers for their maintenance and repair.

D. Any radioactive isotopes.

E. Any wastes containing viable pathogenic bacteria other than those normal to domestic sewage.

F. Concentrated dye wastes, inking wastes, spent tanning solutions or other wastes which are highly colored and which color cannot be removed by the Borough's sewage treatment plant.

G. Any "slugs" of sewage or waste, that is, any sewage or waste exceeding a concentration greater than five times that of normal sewage or of the limiting characteristics for wastes, discharged continuously for a period of 15 minutes' duration or longer.

H. Any waste containing grease or oil that will solidify or become viscous at temperatures between 32º and 150º F.

I. Surface or rain water, cooling water and water from roof or cellar drains, groundwater, or unpolluted industrial or commercial process water.

J. Any waste which is harmful to any portion of the sewerage system, its operating personnel or the general public, and any water or waste which contains any toxic substances in a quantity sufficient to constitute a hazard to humans or animals or to interfere with the biochemical process of the sewage treatment plant in such condition that it will exceed state, federal or other valid requirements for the receiving stream. The determination of these conditions shall be based upon the results of an analysis conducted by a qualified laboratory firm.

§ 261-23 Quantity of wastes.

Where the average daily flow of any individual discharger is greater than 1% of the average daily flow of the entire sanitary sewerage system of the Borough, holding facilities shall be constructed on the premises of the discharger, by the discharger, which shall control the quantity and rates of discharge so that the rate will be constant over a twenty-four-hour period for each day of the week.

§ 261-24 Control manholes; maintenance of facilities; pretreatment of wastes.

A. Any person who shall discharge industrial wastes into the sanitary sewer system, when required by the Borough, shall construct and thereafter shall properly maintain, at his own expense, a suitable control manhole to facilitate observation, measurement and sampling by the Borough. Such control manhole shall be constructed at an accessible, safe, suitable and satisfactory location in accordance with plans approved by the Borough prior to commencement of construction. If any industry shall fail to install a manhole as required by the provisions of this section, the Borough may install the said manhole and assess the industry for the costs of construction and maintenance of said manhole and such assessment shall be added to the sewer bill of said industry. Failure to install such a manhole may also result in the revocation of the permit pursuant to § 261-19 of this article.

B. Whenever facilities for treatment and handling of industrial wastes are provided, before discharge to the Borough's sewage collection system, such facilities shall be maintained continuously, at the expense of the owner, in satisfactory operating condition; and the Borough shall have access to such facilities at reasonable times for the purpose of inspecting and testing.

C. Whenever necessary, an industry shall provide, at its expense, such facilities for preliminary treatment and handling of industrial wastes as may be necessary to meet the pretreatment requirements promulgated by the EPA in accordance with Section 307 of the Federal Water Pollution Control Act Amendments.

[Amended 2-21-1977 by Ord. No. 77-2]

D. The Borough or its duly authorized representatives shall, at all reasonable times, be permitted to enter upon any and all properties for the purpose of inspecting, observing, measuring and sampling wastewaters discharged into the sewage collection system.

[Added 2-21-1977 by Ord. No. 77-2]

§ 261-25 Violations and penalties.

[Added 2-21-1977 by Ord. No. 77-2]

Whoever violates any of the terms, provisions or requirements of this article or of the rules and regulations or refuses, neglects or fails to comply with any notice given to such person by a duly authorized representative of the Borough in conformity with or pursuant to the provisions of this article or of such rules and regulations or obstructs or interferes with any person in the execution of this article shall, upon conviction thereof, severally for each and every such violation or noncompliance, respectively, be fined not more than $500 and costs and, in default of payment thereof, shall be imprisoned for not more than 90 days. At the discretion of the sentencing Judge, based upon the seriousness of the violation, each day of violation shall be considered a separate offense and punishable as such.