As used in this article, the following terms shall have the meanings indicated:
- INDUSTRIAL COST RECOVERY CHARGE
- 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 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.
- JOINT MEETING
- 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 defined in § 226-78, on all industrial users of the Joint Meeting system and to provide for the collection of said charges.
An annual minimum industrial cost recovery charge shall be assessed against all industrial waste contributors discharging industrial wastes into the system in the sum of $100, unless said industrial waste contributor is subject to a greater charge under the terms of this article.
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 shown following:
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.
The Joint Meeting, at its option, may elect to sample and analyze the contribution from any industry to verify the quarterly reports submitted.
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.
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.
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.
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 a nonprocess dry industry.
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 user's 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 quarter-annual basis and shall be paid to the City of East Orange. The annual charge to each industrial user shall be determined by the Joint Meeting. Said City of East Orange 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 subjected 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:
Require that any person, corporation or municipality desiring to make any sewage connection or to 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.
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.
Make or cause to be made inspection of the discharging facilities of 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.
This article is intended to apply solely to industrial users for all industrial waste contributed by them to the Joint Meeting collection and treatment system.