[Adopted 12-26-1985 by Ord. No. 1685]
The rules and regulations of the Joint Meeting,
adopted on December 20, 1984, and as the same are modified from time
to time, are hereby adopted as if fully set forth herein as rules
and regulations governing the municipal sewer facilities as well as
the Joint Meeting facilities.[1]
[1]
Editor's Note: The rules and regulations of
the Joint Meeting are on file and available for inspection in the
Township offices.
A.
Whenever the Joint Meeting finds that any person,
as defined in said rules and regulations, has violated or is violating
this article or any prohibition, limitation or requirement contained
herein, the Joint Meeting may serve upon such person a written notice
stating the nature of the violation and providing a reasonable time,
not to exceed 30 days, for the satisfactory correction thereof. If
the violation is not corrected by timely compliance, the Joint Meeting
may order any person who causes or allows an unauthorized discharge
to show cause before the Joint Meeting and Township of Maplewood why
service should not be terminated. A notice shall be served on the
offending party, specifying the time and place of a hearing to be
held by the Joint Meeting and Township of Maplewood regarding the
violation and directing the offending party to show cause before the
Joint Meeting and Township of Maplewood why an order should not be
made directing the termination of service. 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.
B.
The Joint Meeting and Township of Maplewood may themselves
conduct the hearing and take the evidence or may designate any of
their members or any officer or employee to:
(1)
Issue in the name of the Joint Meeting and Township
of Maplewood notices of hearings requesting the attendance and testimony
of witnesses and the production of evidence relevant to any matter
involved in any such hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including
transcripts/records and other evidence, together with recommendations,
to the Joint Meeting and Township of Maplewood for action thereon.
C.
At any public hearing, testimony taken before the
Joint Meeting and Township of Maplewood or any person designated by
it must be under oath and recorded either by the hearing officer in
a summary manner or stenographically. In the latter case, the transcript,
so recorded, will be made available to any member of the public upon
payment of the usual charges therefor. After the Joint Meeting and
Township of Maplewood have reviewed the evidence, they may 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
are properly operated, and such further orders and directives as are
necessary and appropriate.
D.
Any discharge in violation of the substantive provisions
of this article or an order of the Joint Meeting shall be considered
grounds for legal action. If any person discharges sewage, industrial
wastes or other wastes into the treatment facilities contrary to the
substantive provisions of this article or any order of the Joint Meeting,
the Executive Director of the Joint Meeting shall commence an action
for injunctive relief and appropriate legal damages in the Superior
Court of the respective county.
E.
The Joint Meeting and/or Township of Maplewood may
suspend the wastewater treatment service (and/or the nondomestic wastewater
discharge permit) when such suspension is necessary, in the opinion
of the Joint Meeting and/or Township of Maplewood, in order 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 to the environment or causes interference to the publicly owned
treatment works or causes the Joint Meeting and/or Township of Maplewood
to violate any condition of its NJPDES permit.
F.
Any person notified of a suspension of the wastewater
treatment service (and/or the nondomestic wastewater discharge permit)
shall immediately stop or eliminate the contribution. In the event
of a failure of the person to comply voluntarily with the suspension
order, the Joint Meeting and/or Township of Maplewood shall take such
steps as are deemed necessary, including immediate severance of the
sewer connection, to prevent or minimize damage to the publicly owned
treatment works system or endangerment to any individuals. The Joint
Meeting and/or Township of Maplewood shall reinstate (the nondomestic
wastewater discharge permit and/or) the wastewater treatment service
upon proof of the elimination of the noncomplying discharge. A detailed
written statement submitted by the discharger describing the causes
of the harmful contribution and measures taken to prevent any future
occurrence shall be submitted to the Joint Meeting and/or Township
of Maplewood within 15 days of the date of occurrence.
Any person who is found to have violated an
order of the Joint Meeting and/or Township of Maplewood or who willfully
or negligently fails to comply with any provision of this article
and the orders, rules and regulations issued hereunder shall be subject
to a fine of not more than $1,000 or imprisonment not to exceed 90
days, or both, for each offense. Each day on which a violation shall
occur or continue shall be deemed a separate and distinct offense.
In addition to the penalties provided herein, the Joint Meeting and
Township of Maplewood may recover reasonable attorneys' fees, court
costs, court reporters' fees and other expenses of litigation by appropriate
suit at law against the person(s) found to have violated this article
or the orders, rules and regulations issued hereunder. In addition,
also, to the penalties previously provided herein, the Joint Meeting
and its tributary municipalities may recover reasonable costs expended
to rectify damages to its treatment facilities and tributary sewers,
as well as to rectify treatment process problems caused as a result
of violations of this article.