[Adopted 9-6-1977 by Ord. No. 1504]
As used in this article, the following terms
shall have the meanings indicated:
The recovery from industrial users of the treatment works
of the federal grant portion of the cost of construction of the treatment
works, allocable to the treatment of waste contributed by such users,
as defined in the federal statutes and regulations. The portion allocable
to each such user shall be payable in equal annual installments in
the sum of 1/30 of said portion for a period of 30 years, after which
said payments shall cease and come to an end.
The municipalities of the City of East Orange, the Township
of Hillside, the Town of Irvington, the Township of Maplewood, the
Township of Millburn, the City of Newark, the Borough of Roselle Park,
the Village of South Orange, the City of Summit, the Township of Union
and the Town of West Orange, organized in Joint Meeting pursuant to
N.J.S.A. 40:63-68 et seq., under the terms of a contract dated June
1, 1926, as amended and supplemented, in the matter of a joint outlet
and trunk sewer and treatment plant for the sewage emanating from
said municipalities.
The purpose of this article is to impose an
industrial cost recovery charge, as herein defined, on all industrial
users of the Joint Meeting system and to provide for the collection
of said charges.
A.
An annual minimum industrial cost recovery charge shall be assessed against all industrial waste contributors discharging industrial wastes in the system in the sum as provided in Chapter 123, Fees, unless said industrial waste contributor is subject to a greater charge under the terms of this article.
[Amended 8-1-1995 by Ord. No. 1977]
B.
The annual industrial cost recovery charge shall be a fixed cost per million gallons of flow, a fixed cost per pound for suspended solids and/or a fixed cost per pound of biochemical oxygen demand, as provided in Chapter 123, Fees.
[Amended 8-1-1995 by Ord. No. 1977]
C.
Industries which on any day exceed a flow of 2,000
gallons or 20 pounds per day of five-day biochemical oxygen demand
or 20 pounds per day of suspended solids shall, on a quarterly basis,
report said flow, five-day biochemical oxygen demand and suspended
solids concentration to the Joint Meeting for the purpose of determining
the annual cost recovery charge for said industry. Said reports shall
be filed on January 1, April 1, July 1 and October 1 of each year.
The Joint Meeting shall establish uniform regulations for sampling
and analyses.
D.
The Joint Meeting, at its option, may elect to sample
and analyze the contribution from any industry to verify the quarterly
reports submitted.
E.
All tests shall be performed in accordance with the
latest edition of Standard Methods for the Examination of Water and
Wastewater at the time tests are made.
The Joint Meeting, at its option, may require
an industry to install metering and monitoring facilities at the expense
of the industry involved for the purpose of obtaining representative
samples of an industry's wastewater contribution to the Joint Meeting
system.
A.
Entry and access to all industrial facilities for
the purposes of monitoring and sampling an industry's discharge shall
be granted by the industry to the authorized representatives of the
Joint Meeting or its duly authorized agents.
B.
The Joint Meeting may monitor and sample an industry
or industries without prior warning for the purpose of determining
the contributions of flow, biochemical oxygen demand and suspended
solids, so that it may compute any industry's share of the industrial
cost recovery charge.
C.
Entry to premises and monitoring referred to herein
shall be as provided in the Federal Water Pollution Act of 1972.
Industries whose sole flow consists of the discharge
from sanitary conveniences are exempt from industrial cost recovery
charges upon satisfactorily demonstrating to the Joint Meeting that
they qualify as nonprocess dry industries.
New industrial users which commence operations
after the start of the industrial cost recovery system shall also
be subject to industrial cost recovery charges, reduced by the ratio
of the capacity used, multiplied by the ratio of its period of use
remaining, to the total cost recovery period of 30 years.
Discontinuance by an industry of its use of
the treatment works shall relieve said industry of further industrial
cost recovery charges, unless use thereof is thereafter resumed. The
remaining industries shall not be required to assume the portion of
the industrial cost recovery charge unrecovered due to said discontinuance.
Appeal from the industrial cost recovery charge
involving the reasonableness of the allocations and cost recovery
assessments shall be made, in writing, by an industry affected by
notice to the Executive Director of the Joint Meeting, by sending
said notice by certified mail, return receipt requested. The Joint
Meeting shall give said industry notice of a hearing on said appeal
at least 10 days before the date thereof. The Joint Meeting shall
determine said appeal within 90 days after the date of said hearing.
Notice of said determination shall be forwarded to said industry by
certified mail, return receipt requested.
In the event that the sewage collection system
or the treatment works of the Joint Meeting are expanded in the future,
the respective industrial users' share for such expansion shall be
subject to a cost recovery charge for the cost of said expansion,
to be calculated both as herein provided and as provided in the Water
Pollution Act of 1972. The total industrial cost recovery charge shall
thereupon be adjusted for each industrial user.
All industrial cost recovery charges shall become
due and payable on the first day of February, May, August and November
of each year on a quarterannual basis and shall be paid to the Township
of Maplewood. The annual charge to each industrial user shall be determined
by the Joint Meeting. Said Township of Maplewood shall remit said
sums collected to the Joint Meeting within 30 days after they become
due and payable.
The industrial cost recovery charges provided
for herein shall become due and payable from and after the first day
of January following the completion by the Joint Meeting of the secondary
treatment plant.
Anything herein contained to the contrary notwithstanding,
it is the intention of this article that any reference to "treatment
works," "treatment system" or "treatment plant" shall be construed
to refer to a public sewage treatment plant and shall mean any structure
or structures by means of which domestic or industrial wastes are
subject to any artificial process in order to remove or so alter constituents
as to render the wastes less offensive or dangerous to the public
health, comfort or property of any of the inhabitants of this state
before the discharge of the plant effluent into any waters of this
state.
For the purpose of enforcing the provisions
of this article and the rules and regulations of the Joint Meeting
relating thereto, the Joint Meeting operating said public sewage treatment
plant shall:
A.
Require that any person, corporation or municipality
desiring to make any sewage connection or discharge or continue to
discharge sewage which includes or consists of industrial wastes into
such public sewage treatment plant make application therefor, in writing,
on forms provided by said Joint Meeting.
B.
Adopt rules and regulations setting forth the information
required to be stated in the application therefor in order to provide
full information as to the quantity, character and composition of
any sewage which may be discharged into the public sewage treatment
plant and establishing requirements and procedures for prompt amendment
of said application in the event of significant changes in the quantity,
character or composition of such sewage.
C.
Make or cause to be made inspection of the discharging
facilities or any person, corporation or municipality who may be discharging
sewage or permitting sewage to be discharged into sewerage systems
under the jurisdiction of the Joint Meeting.
If any person, corporation or municipality violates
any of the provisions of this article or rules and regulations promulgated
by the Joint Meeting, the Joint Meeting may institute a civil action
in the Superior Court for injunctive relief to prohibit or prevent
such violations, and the court may proceed in the action in a summary
manner.
In the event of the violation of any of the
provisions of this article, said violator shall be subject to the
penalties set forth in N.J.S.A. 58:11-55.
