A.
ACT
BOD (denoting biochemical oxygen demand)
COMBINED SEWER
ENGINEER
EPA
GARBAGE
INDUSTRIAL USER
INDUSTRIAL WASTES
INTERFERENCE
(1)
(2)
(3)
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
NATURAL OUTLET
NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES) PERMIT
NEW SOURCE
NJDEP
PASS-THROUGH
PERSON
pH
PRETREATMENT
PRETREATMENT STANDARDS
PUBLIC SEWER
SANITARY SEWAGE
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
SLUDGE
STANDARD LABORATORY PROCEDURES
STATE ACT
STORM DRAIN (sometimes termed storm sewer)
SUSPENDED SOLIDS
TOXIC OR TOXIC POLLUTANT
WATERCOURSE
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 466 et seq.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20º C, expressed in milligrams per liter.
A sewer receiving both surface runoff and sewage.
The Sanitary Engineer of the City of Trenton or his/her authorized
deputy, agent or representative.
Denotes the United States Environmental Protection Agency
or, where appropriate, the term may also be used as a designation
for the administrator or other duly authorized official of said agency.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
A user of the sewage works discharging sewage containing
industrial wastes.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
Inhibiting or disrupting the operation of sewage
works so as to contribute to, cause or increase a violation of any
requirements of the sewage treatment plant's state or federal permit;
or
Discharging industrial wastes at flow rates
or with pollutants in excess of that approved by the Engineer; or
Preventing the approved use or disposal of sludge
produced by the sewage treatment plant in accordance with § 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 Substances Control Act.
15 U.S.C. § 2501 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.
Any regulation containing discharge limits promulgated by
EPA in accordance with Section 307(b) and (c) of the Act which applies
to a specific category of users.
A permit issued pursuant to Section 402 of the Act.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or ground water.
A permit issued pursuant to the State Act.
Any source, the construction of which is commenced after
the publication of proposed regulations prescribed in Section 307(c),
33 U.S.C. § 1317, Categorical Pretreatment Standards, which
will be applicable to such source, if such standard is thereafter
promulgated within 120 days of the proposal in the Federal Register.
Where the standard is promulgated later than 120 days after such proposal,
a "new source" means any such source, the construction of which is
commenced after the date of promulgation of the standard.
Denotes the State of New Jersey Department of Environmental
Protection.
The passage of pollutants through the sewage treatment plant
into the receiving waters in quantities or concentrations which are
a cause of, significantly contribute to, or increase a violation of
any requirement of the sewage treatment plant's NPDES and/or NJPDES
permit.
Any individual, firm, company, association, society, corporation
or group, or governmental entity, or their representatives, agents
or assignors.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution.
The application of physical, chemical or biological processes
to reduce the amount of pollutants in, or alter the nature of the
polluting properties of, sewage prior to discharging such sewage into
the sewage works.
All applicable federal, state or local rules and regulations
related to pretreatment, other than National Categorical Pretreatment
Standards, imposed on an industrial user.
A sewer in which all owners of abutting properties have equal
rights and is controlled by a public authority.
Wash water, culinary wastes and liquid waste containing human
excreta, food residues and similar matter (synonymous with "domestic
waste" and "sanitary waste").
A sewer which carries sewage and to which storm, surface
and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground- , surface and stormwaters as may be present (synonymous
with "waste" and "wastewater").
Any arrangements of devices and structures used for treating
sewage and owned by the City of Trenton.
All facilities owned by the City of Trenton for collecting,
pumping, treating and disposing of sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage or industrial waste which
in connection of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration of flows during normal
operation.
Analytical test procedures approved under EPA Test Procedures
for the Analysis of Pollutants, 40 CFR Part 136, or as approved by
the NJDEP or the Engineer.
The New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1,
et seq.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering under standard laboratory procedure.
Includes but is not limited to those pollutants designated
under section 307 of the Act or section 44 of the State Act, and such
other pollutants as may be so designated herein. (Synonymous with
Toxic Substances and Toxic or Poisonous Substances).
A channel in which a flow of water occurs, either continuously
or intermittently.
B.
"Shall" is mandatory ; "may" is permissive.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, uncontaminated cooling water or unpolluted industrial process
waters into any sanitary sewer.
Stormwater and all other unpolluted drainage
shall be discharged to such sewers as are specifically designated
as combined sewers or storm sewers, or to a natural outlet approved
by the Engineer. Industrial cooling water or unpolluted process waters
may be discharged on approval of the Engineer to a storm sewer, combined
sewer or natural outlet.
No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewers.
A.
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
B.
Any waters or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity, either singly or
by interaction with other wastes to injure or interfere with any sewage
treatment process, constitute a hazard to humans or animals, create
a public nuisance or create any hazard in the receiving waters of
the sewage treatment plant, including but not limited to cyanides
in excess of two milligrams per liter as CN in the wastes as discharged
to the public sewer.
C.
Any waters or wastes having a pH lower than 5.5 or
having any other corrosive property capable of causing damage or hazard
to structures, equipment and/or personnel of the sewage works.
D.
Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in sewers or other
interference with the proper operation of the sewage works such as
but not limited to ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, garbage, whole blood,
paunch manure, hair and fleshings, entrails, paper dishes, cups, milk
containers and other like materials, either whole or ground by garbage
grinders.
A.
No person shall discharge or cause to be discharged
any substance, materials, water or wastes which:
(1)
Contain prohibited materials or substances as specified
herein, except upon approval of the Engineer.
(2)
Are not in conformance with the Engineer's written
authorization.
(3)
Causes or would cause the influent at the sewage treatment plant to exceed the limitations prescribed in § 309-29B(5).
B.
The substances prohibited are:
(1)
Any liquid or vapor having a temperature higher than
150º F. (65º C.) or having heat in an amount which will
inhibit biological activity in the sewage treatment plant or cause
the temperature of the sewage treatment plant influent sewage to exceed
104º F. (40º C.).
(2)
Any water or waste containing fats, wax, grease or
oils, whether emulsified or not, in excess of 100 milligrams per liter
or containing substances which may solidify or become viscous at temperatures
between 32º and 150º F. (0° and 65º C.).
(3)
Any waters or wastes containing strong acid iron pickling
wastes or concentrated plating solutions, whether neutralized or not.
(4)
Any waters or wastes containing objectionable or toxic
substances in sufficient quantity, either singly or by interaction
with other pollutants, to result in pass-through, to cause interference
with the POTW treatment plant, to constitute a hazard to humans or
animals, to create a toxic effect in the receiving waters of the POTW
or to exceed the limitations set forth by EPA pursuant to Section
307 of the Act, or the NJDEP pursuant to Section 4 of the State Act,
or as set forth in § 309-39B(5), or wastes exerting an excessive
chlorine requirement, to the degree that any such material received
in the composite sewage at the sewage treatment works exceeds the
limits established by the Engineer for such materials.
(5)
Average quantities.
(a)
Materials such as the following shall be limited
to the following average quantities in the sewage as it arrives at
the treatment plant:
Substance
|
Milligrams per Liter
| |
---|---|---|
Arsenic
|
0.1
| |
Barium
|
2.0
| |
Cadmium
|
0.02
| |
Chromium (hexavalent)
|
0.10
| |
Chromium (total)
|
1.2
| |
Copper
|
0.20
| |
Iron
|
5.0
| |
Lead
|
0.25
| |
Mercury
|
0.01
| |
Nickel
|
0.40
| |
Phenol
|
0.90
| |
Selenium
|
0.02
| |
Silver
|
6.0
| |
Zinc
|
0.80
|
(b)
At no time shall the hourly concentration exceed
three times the average concentration, with contributions from individual
establishments subject to control in volume and concentration by the
Engineer.
(6)
Any waters or wastes containing phenol or other taste-
or odor-producing substances in concentrations exceeding limits which
may be established by the Engineer as necessary after treatment of
the composite sewage to meet the requirements of the state, federal
or other public agencies of jurisdiction for such discharge to the
receiving waters.
(7)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Engineer
in compliance with applicable state or federal regulations.
(8)
Any waters or wastes having a pH in excess of 9.5.
(9)
Materials which exert or cause:
(a)
Unusual concentration 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 wastes and vegetable tanning solutions.
(c)
Unusual BOD (chemical oxygen demand) or chlorine
requirements in such quantities as to constitute a significant load
on the sewage treatment works.
(d)
Unusual volume of flow or concentration of wastes
constituting sludge, as defined herein.
(10)
Waters or wastes containing substances which
are not amenable to treatment or reduction by the sewage treatment
processes employed or which are amenable to treatment only to the
degree that the sewage treatment plant effluent cannot meet the requirements
of other agencies having jurisdiction over discharge to the receiving
waters.
The disposal into the public sewer system of
any pollutant by any person shall comply with the National Categorical
Pretreatment Standards and pretreatment standards applicable to the
pollutant or to waste discharge.
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Engineer, they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts or
any flammable wastes, sand or other harmful ingredients, 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 Engineer and shall be located as to be readily and
easily accessible for cleaning and inspection.
Where pretreatment or flow-equalizing facilities
are provided for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner at his/her expense.
When required by the Engineer, the owner of
any property serviced by a building sewer carrying industrial wastes
shall install a suitable control manhole located at a point on the
sewer following all waste discharges together with such necessary
meters and other appurtenances in the building sewer to facilitate
observation, sampling and measurement of the wastes. Such manhole,
when required, shall be accessibly and safely located and shall be
constructed in accordance with plans approved by the Engineer. The
installation shall be by the owner at his/her expense and shall be
maintained by him/her, so as to be safe and accessible at all times.
All measurements, tests and analyses of the
characteristics of waters and wastes to which reference is made in
this article shall be determined in accordance with standard laboratory
procedures, and shall be determined at the control manhole provided
or upon suitable samples taken at the control manhole. In the event
that no special manhole has been required, the control manhole shall
be considered to be the nearest downstream manhole in the public sewer
to the point at which the building sewer is connected. Sampling shall
be carried out by customarily accepted methods to reflect the effect
of constituents upon the sewage works and to determine the existence
of hazards to life, limb and property. The particular analyses involved
will determine whether a twenty-four-hour composite of all outfalls
of a premises is appropriate or whether a grab sample or samples should
be taken. Normally, but not always, BOD and suspended solids analyses
are obtained from twenty-four-hour composites of all outfalls whereas
pH's are determined from periodic grab samples.
No statement contained in this article shall
be construed as preventing any special agreement or arrangement between
the City of Trenton and any industrial concern whereby an industrial
waste of unusual strength or character may be accepted by the City
of Trenton for treatment, subject to payment therefor by the industrial
concern.
A.
Authorization required. No industrial user shall discharge
or modify the discharge of industrial waste without first having obtained
written authorization from the Engineer. All applications for authorization
shall be submitted at least 90 days prior to the initiation of the
new or modified discharge.
B.
Existing users. Existing industrial users subject
to a promulgated or a promulgated revision of a National Categorical
Pretreatment Standard shall submit an application for authorization
within 90 days of the promulgation or of adoption of this subsection
or of NJDEP approval of City's industrial pretreatment program, whichever
is later.
C.
Application for authorization.
(1)
The application for authorization shall include:
(a)
All information required by the Engineer.
(b)
All information required to complete a questionnaire
or other form determined to be appropriate by the Engineer.
(c)
All information necessary and appropriate to
determine compliance with National Categorical Pretreatment Standards
and pretreatment standards, including information necessary to determine
classification under such standard.
(d)
Current sampling and analysis data descriptive
of each of the industrial wastes to be discharged.
(e)
All other information necessary to the determination
of compliance with this subsection.
(f)
Plans, specifications, design data and other
information deemed pertinent by the Engineer.
(2)
Where pretreatment or equalization of wastewater flows
to discharge to the sewer works is required, plans, operating procedures,
specifications and other pertinent data or information relating to
such pretreatment or flow-control facilities shall be submitted. Submission
and/or approval of such information shall not exempt the user from
compliance with any applicable code, ordinance, rule, regulation or
order of any governmental authority. Any subsequent alterations or
additions to such pretreatment or flow-control facilities or method
of operation which could affect the discharge shall not be made without
due notice to and prior approval by the Engineer.
D.
Statement of compliance. Existing industrial users
shall submit a statement and supporting data regarding whether or
not the required pretreatment is being met and, if not, how it will
be met by process modification, additional operation and maintenance
(O&M) or additional pretreatment.
E.
Compliance with standards. If process modification,
additional pretreatment or additional O&M will be required to
meet the applicable standards, the user shall submit the shortest
compliance schedule. The completion date in this schedule shall not
be later than the compliance date established for the applicable standards.
The following conditions shall apply to the compliance schedule:
(1)
The schedule shall contain increments of progress
in the form of dates for the commencement and completion of major
events leading to the construction and operation of facilities required
for the user to meet the applicable standards (e.g., starting planning
and design, completing preliminary plans, completing final plans,
executing contract for major components, commencing construction,
completing construction, etc.).
(3)
Not later than 14 days following each date in the
schedule and the final date for compliance, the user shall submit
a progress report to the Engineer including, as a minimum, whether
or not it complied with the increment or progress to be met on such
date and, if not, the date on which it expects to comply with this
increment of progress, the reason for delay, and the steps being taken
by the user to return the construction to the schedule established.
In no event shall more than 270 days elapse between such progress
reports to the Engineer.
F.
Action on application by Engineer. Upon receipt of
a complete application, the Engineer, after review, may reject the
discharge of the waste, or may accept the discharge subject to conditions,
such as, but not be limited to:
(1)
Limits on the average and peak wastewater constituents
and characteristics, including mass limitations where appropriate.
(2)
Limits on average and peak flow rates and times of
discharge and/or requirements for flow regulation and equalization.
(3)
Requirements for installation, maintenance and operation
of inspection, metering and sampling facilities.
(4)
Specifications for user self-monitoring programs which
may include sampling locations, frequency of sampling, number, types
and standards for tests and reporting contents and schedules.
(5)
Compliance schedules.
(6)
Requirements for submission of technical reports and/or
discharge reports.
(7)
Requirements for maintaining and retaining plant records
relating to wastewater discharge, as specified by the Engineer, the
NJDEP or EPA, and affording access thereto.
(8)
Requirements for notifying the Engineer of any new
introduction of wastewater constituents or of any substantial change
in volume or character of wastewater constituents being introduced
into the sewage works.
(9)
Other conditions deemed appropriate by the Engineer
to ensure compliance with this article and other regulations.
G.
Reapplication. Where the Engineer issued such authorization,
(s)he may require reapplication:
(1)
On an annual basis; or
(2)
At a specified time period, not to exceed five years.
Such application shall be submitted at least 90 days prior to expiration
of the existing authorization. The terms and conditions of the authorization
may be subject to modification by the Engineer as limitations or requirements
are modified or other just cause exists.
H.
Changes in authorization. The user shall be informed
of any proposed changes in his/her authorization, and any changes
or new conditions shall include a reasonable time schedule for compliance.
To assure continued compliance with this article,
periodic compliance reports shall be submitted to the Engineer. Any
user subject to the pretreatment standards or National Categorical
Pretreatment Standards, after the compliance date of such standard
or, in the case of a new source, after commencement of the discharge,
shall submit to the Engineer during the months of July and December,
unless required more frequently in the applicable standard or by Engineer,
a report indicating the nature and concentration of pollutants in
the effluent which are limited by such standards. In addition, this
report shall include a record of all flows, pollutant concentrations
and mass, which during the reporting period exceeded the flows and
concentrations, mass or other conditions permitted. At the discretion
of the Engineer and in consideration of such factors as seasonal operations,
holidays, budget cycles, etc., the Engineer may elect or agree to
alter the months during which the above reports are to be submitted
by each user.
A.
Information to be available. Information and data
on a user obtained from reports, questionnaires, applications, permits,
monitoring programs and from inspection shall be available to the
public or governmental agency without restriction unless the user
specifically requests and is able to demonstrate to the satisfaction
of the City that release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the user. However, information on wastewater volume, constituents
and character will not be recognized as confidential information.
B.
Confidentially of trade secrets. When requested by
the person furnishing a report, the portions of a report which might
disclose trade secrets or secret processes shall not be made available
for inspection by the public. When information accepted by the City
as confidential is requested by the EPA, NJDEP or other governmental
agencies for uses related to this article, NPDES or NJPDES permits,
federal pretreatment programs, etc., the City shall refer these requests
to the user who furnished the information in question.
C.
Inspection by public. Nonconfidential information
will be made available for inspection by the public at the office
of the Engineer during normal business hours of the office. Requests
for such review are to be made in writing in advance and appointments
will be required. There will be a charge for copies at a cost determined
by the City.
No unauthorized person shall maliciously, willfully
or negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is part of the sewage
works. Any person violating this provision shall be subject to immediate
arrest under charge of disorderly conduct.
A.
Responsibility of user. Each industrial user shall
provide protection from accidental discharge of prohibited materials
or other substances regulated by this article. Facilities to prevent
an accidental discharge of prohibited materials shall be provided
and maintained at the owner's or industrial user's own cost and expense.
B.
Submission of plans; time for compliance. Upon request
of the Engineer, detailed plans showing facilities and operating procedures
to provide this protection shall be submitted with an implementation
schedule to the Engineer for review and approval prior to construction
of the facility. Existing industrial users, where required by the
Engineer, shall submit such a plan within 180 days after the effective
date of this article, and implementation shall be completed within
the time schedule approved by the Engineer.
C.
Time for compliance where plans not required. Industrial
users not required to submit detailed plans shall implement accidental
discharge prevention procedures within 120 days after the effective
date of this article. Absence of such requirement, request or notification
by the Engineer or 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.
D.
Notification of accidental discharge or noncompliance;
action required. In the case of an accidental or noncompliance discharge
of prohibited materials or other substances regulated by 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 sewage treatment plant of the incident. Notification
shall include location of discharge, type of waste, concentration
and volume and any corrective actions taken and to be taken. Furthermore,
such industrial user shall take immediate action to contain and minimize
the accidental or noncompliance discharge to the sewage works so as
to prevent interference with the treatment process and/or damage to
the sewage works.
E.
Report on discharge; liability. Within five working
days following an accidental or noncomplying discharge, the industrial
user shall submit to the Engineer a detailed written report describing
date, time and cause of the discharge, quantity and characteristics
of the discharge and corrective action taken at the time of the discharge,
and measures to be taken by the industrial user to prevent similar
future occurrences. Such notification shall not relieve the industrial
user of any expense, loss, damage or other liability which may be
incurred as a result of damage to the sewage works, fish kills or
any other damage to person or property; nor shall such notification
relieve the user of any fine, civil penalties, or other liability
which may be imposed by this article or other applicable law.
F.
Emergency notification procedures. 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
to notify in event of an accidental or noncompliance discharge. Employers
shall insure that all employees who may cause an accidental or noncompliance
discharge to occur are advised of the emergency notification procedure.
A.
Inspection. The Engineer and other duly authorized
employees of the City bearing proper credentials and identification
shall be permitted to enter all properties for the purpose of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this chapter. The Engineer or his/her representatives
shall have no authority to inquire into any processes, including metallurgical,
chemical, oil, refining, ceramic, paper or other industries, beyond
that point having a direct bearing on the kind and source of discharge
to the sewers or waterways or facilities for waste treatment.
A.
Notice of violation; corrections; severance of connection.
Any person found to be violating any provisions of this article, except
§§ 309-39 and 309-40, shall be served by the
City with written notice stating the nature of the violation and providing
a reasonable time limit for the satisfactory correction thereof. The
offender, within the period of time stated in such notice, shall permanently
abate all violations. The Engineer may order immediate suspension
of a discharge or cause immediate severance of the sewer connection,
without such notification, when such suspension or severance is necessary,
in the opinion of the Engineer, to stop an actual or threatened discharge
which presents or may present an imminent or substantial endangerment
to the health or welfare of persons or the environment, or causes
or may cause interference or pass-through. Violation of this section
may result in termination of the disposal authorization.
C.
Liability for damages. Any person violating any of
the provisions of this article shall become liable to the City for
any expense, loss or damage occasioned by the City by reason of such
violation.
D.
Publication of list of violators. The City shall annually
publish in the newspaper a list of the users which were significant
violators, as defined by 40 CFR 403.8(F)(2)(vii), of any pretreatment
standards during the 12 previous months. The notification shall also
summarize any actions taken against such violators during the same
12 months. All records relating to compliance with applicable standards
shall be made available to officials of the EPA or NJDEP upon request.
The Chief Sanitary Engineer shall promulgate
such rules, regulations, guidelines and standards as may be necessary
to assure proper administration and effectuation of this article.