Township of Pemberton, NJ
Burlington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Pemberton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Collection of yard waste — See Ch. 81.
Flood damage prevention — See Ch. 110.
Litter control — See Ch. 126.
Proper disposal of pet waste — See Ch. 143.
Sewers — See Ch. 150.
Solid waste — See Ch. 152.
[Adopted 10-6-2005 by Ord. No. 17-2005[1]]
[1]
Editor's Note: This ordinance was adopted as Chapter 187 but renumbered as Ch. 185 for codification purposes.

§ 185-1 Purpose.

[Amended 5-5-2010 by Ord. No. 7-2010]
This is an article to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Township of Pemberton, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. This article also requires the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Township of Pemberton so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§ 185-2 Definitions.

For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Pemberton or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
[Added 5-5-2010 by Ord. No. 7-2010]
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface- or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 5-5-2010 by Ord. No. 7-2010]

§ 185-3 Prohibited conduct; exceptions.

[Amended 5-5-2010 by Ord. No. 7-2010]
A. 
The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by Pemberton Township is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
(1) 
Exceptions.
(a) 
Waterline flushing and discharges from potable water sources.
(b) 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
(c) 
Air-conditioning condensate (excluding contact and noncontact cooling water).
(d) 
Irrigation water (including landscape and lawn-watering runoff).
(e) 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
(f) 
Residential car washing water, and residential swimming pool discharges.
(g) 
Sidewalk, driveway and street wash water.
(h) 
Flows from fire-fighting activities.
(i) 
Flows from rinsing of the following equipment with clean water:
[1] 
Beach maintenance equipment immediately following its use for its intended purpose;
[2] 
Equipment used in the application of salt and deicing materials immediately following salt and deicing material applications. Prior to rinsing with clean water, all residual salt and deicing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
[3] 
Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage and exposed parts and does not apply to engines or other enclosed machinery.
B. 
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
(1) 
Already meets the design standard in § 185-4 below to control passage of solid and floatable materials; or
(2) 
Is retrofitted or replaced to meet the standard in § 185-4 below prior to the completion of the project.

§ 185-4 Design standard.

[Amended 5-5-2010 by Ord. No. 7-2010]
Storm drain inlets identified in § 185-3B above shall comply with the standard outlined in § 190-50.9C(5)(c) to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids.

§ 185-5 Enforcement.

[Amended 5-5-2010 by Ord. No. 7-2010]
This article shall be enforced by the Zoning Officer of Pemberton Township.

§ 185-6 Violations and penalties.

[Amended 5-5-2010 by Ord. No. 7-2010]
Any person found to be in violation of this article shall be issued a written warning for a first offense. Second and subsequent offenses shall be subject to the penalties provided for in the general penalty provisions of the Pemberton Township Code subject to a fine not to exceed $200 for each instance of violation and/or for each storm drain inlet that is not retrofitted to meet the design standard.