The authority to regulate sewerage service is contained in N.J.S.A. 63-1 et seq. The authority to regulate the collection and disposal of garbage is contained in N.J.S.A. 40:48-2.13, 2.14 and 40:66-1. Recycling is required pursuant to N.J.S.A. 13:1E-99.11 et seq., and the Burlington County District Recycling Plan.
16-1.1. 
Findings.
a. 
Pursuant to N.J.S.A. 40:48-2, the Borough has the power to adopt ordinances necessary and proper for the protection of persons and property and the preservation of the public health, safety and welfare.
b. 
The Mayor and Council find, for the purpose of responding to all water emergencies occurring in the future, that it requires the adoption of procedures for the implementation and enforcement of water use regulations in the Borough in order to protect the residents, businesses and property and to preserve the public health, safety and welfare.
16-1.2. 
Declaration of Water Emergency. Whenever the Mayor shall be satisfied and finds that a water emergency exists in the Borough, (s)he may issue an executive order declaring that such a water emergency exists. Such order shall identify that portion of the Borough affected by the water emergency, which may include the entire Borough, and shall specify which of the water use regulations contained in subsection 16-1.3 is being imposed, as well as any exemptions as may be authorized. Such order shall be effective immediately upon publication, according to law, and shall continue in effect for 90 days, unless extended or repealed as set forth in subsection 16-1.4. For the purpose of this section, a water emergency shall exist if, for any of the following reasons:
a. 
The public utility providing water service to all or portion of the Borough has adopted water use restrictions, has notified the Borough, the New Jersey Board of Public Utilities and the New Jersey Department of Environmental Protection, as well as any other state, county or local agency entitled to notice of such restrictions and such restrictions are not overruled or declared invalid by any state, county or local agency having the jurisdiction and power to do so, or
b. 
The Mayor and Council are otherwise satisfied that a water emergency exists in the Borough.
16-1.3. 
Water Use Restrictions. Upon the issuance of an executive order declaring that a water emergency exists in the Borough, all residents and business establishments shall be urged to observe voluntary indoor conservation measures. Any of the following mandatory water use restrictions may be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and to exempt businesses as specified herein, during the water emergency:
a. 
The complete ban and prohibition of outside water usage, including the watering of lawns and plants, the filling of pools and the washing of cars.
b. 
Outside water usage on alternate days, allowing outside water usage by persons or businesses having even house or box numbers on even days and those having odd house or box numbers on odd days with outside water usage being completely banned and prohibited on the thirty-first day of any month during the water emergency.
c. 
Any other water use restriction specified by the Mayor in the executive order which is reasonable under the circumstances considering the nature and extent of the water emergency.
Any water restriction imposed pursuant to this subsection shall be limited in application to that portion of the Borough identified as being affected by the water emergency in the executive order issued by the Mayor.
16-1.4. 
Duration of Water Use Restrictions. The executive order of the Mayor, provides a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances considering the nature and extent of the water emergency. At the expiration of the time period specified in the executive order, the water use restriction shall lapse and be inapplicable and unenforceable. If the Mayor shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the order, (s)he shall issue a directive declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the executive order, the Mayor shall be satisfied that the water emergency continues to exists, may issue another executive order continuing the water use restrictions.
16-1.5. 
Enforcement of Water Use Restrictions. The water use restrictions authorized by this section shall be enforced during a water emergency by the local enforcement official, assisted by any police officer or code enforcement official of the Borough. Whenever a local enforcement official shall find a violation of the water use restriction, such authorized enforcement shall give the violator a written warning and explain the penalties for a second and third offense. The local enforcement official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local enforcement official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
16-1.6. 
Enforcement Official. The fire safety official of the Borough is hereby designated as the enforcement official, as provided for in subsection 16-1.5.
16-1.7. 
Violation and Penalties. After a first offense, any person or business who thereafter violates the water use restrictions imposed pursuant to this section shall be fined or imprisoned in accordance with this subsection. For a second offense, the fine imposed shall be $500 or imprisonment for 10 days, or both. For a third and subsequent offense, the fine imposed shall be $1,000 or imprisonment for 30 days, or both.
16-2.1. 
Established. Pursuant to Chapter 138 of the Law of 1946 of New Jersey, and the acts amendatory thereof and supplemental thereto (the Sewerage Authorities Law - Title 40, Chapter 14A of the Revised Statutes), the Borough Council of the Borough of Carlstadt, in the County of Bergen hereby creates a public body corporate and politic under the name and style of "The Carlstadt Sewerage Authority." The Authority shall constitute a sewerage authority contemplated and provided for in the act, shall be an agency and instrumentality of the Borough and shall have the powers and authority given to sewerage authorities by the act and the acts amendatory thereof and supplemental thereto.
16-2.2. 
Membership. The authority shall consist of five members and one alternate member who shall be residents of the Borough and who shall be appointed by the Borough Council in the manner provided by law. The alternate member shall serve for a term of one year expiring annually on December 31.
16-2.3. 
Ordinance Filed with Secretary of State. The Borough clerk is hereby authorized and directed to file in the office of the Secretary of State of New Jersey a copy of this section, duly certified by the Borough clerk.
16-2.4. 
Agreements with Other Authorities Authorized. The Authority is hereby authorized to enter into any further agreements or assignments thereof relating to the Bergen County Sewerage Authority or any other related sewerage authority or body.
16-2.5. 
Reimbursement of Expenses, Compensation. The Authority may reimburse its members for necessary expenses incurred in the discharge of their duties, and may compensate its members for services as may be set by resolution of the Authority.
16-3.1. 
Definition. A sanitary sewer shall be deemed to be "available" within the meaning of this section if the sewer is constructed and is available for use in any public street, alley or right-of-way within 1,000 feet of any dwelling or other building occupied by persons.
16-3.2. 
Sewer Connections Required.
a. 
The owner of every existing house, building or structure and the owner of every house, building or structure hereafter to be constructed or acquired, which may be occupied or used by human beings located on a property along the line of any public sewer now or hereafter constructed or acquired by the Borough or the Carlstadt Sewerage Authority shall, within 90 days after the date on which notice has been given to connect and hook up, connect and hook up such house, building or structure and all sanitary facilities therein to the said public sewer. A property shall be considered to be along the line of a public sewer for the purposes of this section, if the public sewer shall be constructed and is available for use in any public street, alley, or right of way within 1,000 feet from the nearest property line to the public sewer.
b. 
No person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof, without first obtaining a written permit from such official as may be designated by the Borough or the Carlstadt Sewerage Authority, as the case may be. Every connection required by this section shall be made in accordance with the ordinances of the Borough and the rules and regulations of the Carlstadt Sewerage Authority, if applicable.
16-3.3. 
Borough to Make Connection, Costs Assessed as Lien. If the owner of any property shall fail to make any connection or installation required by this chapter within the time herein required, the Borough may proceed to make such connection or installation, or cause the same to be made and assess the cost thereof as a lien against the property, pursuant to N.J.S.A. 40:63-52 and 40:63-54.
16-3.4. 
Septic Systems, Discontinuance.
a. 
It shall be unlawful for any owner to use or maintain or to allow any occupant to use as a place for disposal of human waste, any outhouse or privy, located on premises which are located upon a street in which a sanitary sewer shall have been constructed or becomes available.
b. 
Present privies, cesspools or seep pits and septic tanks must be completely detached from all plumbing, must be filled in with suitable material, as required by the Borough or the Sewerage Authority, within 180 days after the building has been connected to the public sewer system. All cesspools, pits and septic tanks must be pumped out prior to being filled. No further use of prior system will be permitted for any purpose after a public sewer is available.
16-3.5. 
Discharge of Waste into Sewers Required.
a. 
It shall be unlawful for any occupant of any dwelling or other building occupied by persons located upon any street in which a sanitary sewer is now constructed or is available, to discharge or permit to be discharged from the premises which (s)he occupies any waste water into the soil, or into any place other than the sanitary sewer in the street upon which the dwelling or other building is located. It shall be unlawful for any owner of any dwelling or other building occupied by persons located upon any street in which a sanitary sewer is now constructed or is available, to permit, allow or cause any waste to be discharged by any person from the premises into the soil or into any other place except the sanitary sewer in the street on which the dwelling or other building is located. The owner of any such dwelling or other building occupied by persons shall cause the necessary piping to be installed to furnish a method of discharge of wastewater from his/her premises into the sanitary sewer in the street upon which any such dwelling or other building is located.
b. 
It shall be unlawful for any occupant of any dwelling or other building located upon any street in which a sanitary sewer may hereafter be constructed or become available, to cause, permit or allow wastewater to be discharged from the dwelling or other building. In the case of any such dwelling or other building occupied by persons, it shall be the duty of the owner of the dwelling or other building to equip the same with the necessary piping which will enable any and all wastewater to be discharged directly into such sanitary sewer as may hereafter be constructed in any street upon which any such dwelling house or other building is located within 60 days after the completion of the sewer.
c. 
It shall be unlawful for the owner or occupant of any dwelling or other building hereafter to be erected upon any street in which a sanitary sewer is constructed or available or shall hereafter be constructed or become available, to cause, permit or allow any wastewater to be discharged directly into the soil or any other place except the sanitary sewer in the street on which the dwelling or other building is, or may hereinafter be located, or which is available, for more than 60 days after the completion of the sewer. It shall be the duty of the owner of every dwelling hereafter erected upon any street in which a sanitary sewer is already constructed or available to provide and install in such dwelling or other building occupied by persons, a system of piping whereby all wastewater may be discharged directly into the sewer in the street on which the dwelling or other building is located and it shall be the duty of the owner of any dwelling or other building to be occupied by persons, hereafter to be constructed, upon any street in which a sanitary sewer may hereafter be constructed or become available, to install a system of piping in the dwelling or other building within 60 days after the completion of the sanitary sewer whereby wastewater from the dwelling house or other building may be discharged directly into the sanitary sewer in the street upon which the dwelling or other building shall at that time be erected.
16-3.6. 
Tier II User Charge Program.
a. 
Findings.
1. 
The Borough is served by the Bergen County Utilities Authority, hereinafter called "BCUA," pursuant to an existing service agreement.
2. 
The BCUA has incorporated in its rules and regulations a 1977 federally mandated program entitled "Tier II User Charge," which requires BCUA to calculate and provide to each serviced municipality a separate sewer charge for tax exempt users and significant industrial users within the Borough.
3. 
The Tier II user charge program is designed to enable each serviced municipality to collect a sewer charge from those not required to pay property taxes and from industries that impose a larger load on the sewer system than is collected through taxation.
4. 
In the interest of equity, the Borough desires to collect a separate sewer charge from tax exempt properties and from significant industrial users, as calculated by the BCUA.
b. 
Compliance. The use of all sanitary sewers of the Borough shall be in compliance with the rules and regulations of the BCUA, which rules and regulations are hereby adopted by reference.
c. 
Adoption of Charges. The Borough hereby specifically adopts and enacts the Tier II user charge program contained in the rules and regulations of the BCUA and authorizes its immediate implementation by the appropriate Borough official to be designated by resolution of the Borough Council.
d. 
Copies of Rules and Regulations.
1. 
A copy of the rules and regulations of the BCUA shall be on file in the office of the Borough clerk and available for public inspection during normal business hours.
2. 
Copies of the rules and regulations of the BCUA may be obtained from the BCUA for the cost of publication.
16-4.1. 
Findings.
a. 
The United States of America, at the request of the Administrator of the United States Environmental Protection Agency, has instituted suit against the Borough of Carlstadt.
b. 
The Boroughs of Rutherford, East Rutherford and Carlstadt own and operate a wastewater treatment facility known as the Joint Meeting.
c. 
The wastewater generated by the Borough of Carlstadt and treated by the Joint Meeting must meet the effluent parameters of the National Pollutant Discharge Elimination System permit issued to the Joint Meeting.
d. 
The Borough of Carlstadt has entered into a Consent Order with the United States of America agreeing to discharge effluent that is within the parameters of the court order.
e. 
Violations of the effluent parameters of the Consent Order impose monetary penalties upon the Boroughs of Carlstadt, East Rutherford and Rutherford.
f. 
An ordinance is necessary to require the approval of the Borough of Carlstadt prior to industrial waste being discharged into the sewage collection system of the Borough; to regulate the characteristics, quality and amount of industrial waste discharged into the collection system of the Borough; to require industries to assist the Borough in the control of the characteristics, quality and amount of discharge of industrial waste; and to establish penalties to be imposed upon industries that violate the terms of this section and the terms of the Consent Order entered into by the Borough of Carlstadt.
16-4.2. 
Definitions.
AGENT
The Joint Meeting, Rutherford, East Rutherford, Carlstadt.
INDUSTRIAL WASTE
The liquid wastes from industrial processes, as distinct from domestic or sanitary waste.
MAJOR CONTRIBUTING INDUSTRY
A person whose industrial waste output:
a. 
Has a flow of 5,000 gallons or more per average work day;
b. 
Has in it a toxic pollutant in toxic amounts as defined in standards issued under section 307(a) of the Federal Water Pollution Control Act and amendments thereto; or
c. 
Has significant impact, either singly or in combination with other contributing industries, on the treatment works or the quality of its effluent.
16-4.3. 
Permits.
a. 
Permit Required. Industrial waste may be discharged into the agent's sewage collection system only after a permit has been issued, pursuant to this subsection.
b. 
Application. Any person desiring to deposit or discharge, or who is not discharging, any industrial waste into the sewage collection system of the Borough or agent shall make application to the agent for a permit to discharge such industrial waste. Such application shall be in a form prescribed by the agent and shall include the following:
1. 
Number of persons employed.
2. 
Daily hours of plant operation.
3. 
Water consumption.
4. 
Description of processes using water.
5. 
List of chemicals used with CAS number.
6. 
Source, volume and rate of wastewater discharged.
7. 
An analysis of composite samples of wastewater, as required by paragraph 16-4.4b and c, to be attached to the application for a permit.
8. 
An application submitted by a corporation must be signed by the principal executive officer of the corporation or by an official of the rank of corporate vice president or above, who reports directly to such principal executive officer to make such applications on behalf of the corporation. In the case of a partnership or a sole proprietorship, the application must be signed by a general partner or proprietor.
9. 
Each application shall contain a certification by a professional engineer, licensed in the State of New Jersey, that the information required by paragraph 3 through 7 above is accurate and correct.
10. 
Any additional information required by the Borough or the agent.
c. 
Issuance. If all requirements of this section have been met, the agent shall issue a permit for the discharge into the agent's sewage collection system of the waste described in the application submitted for the permit. Permits shall be issued for a specified time period, not to exceed two years, and renewed upon reapplication at least 60 days prior to the expiration of such permit by the permittee.
d. 
Revocation of Permits and Disconnection.
1. 
If the discharge of industrial waste into the agent's sewage collection system has been altered, reconstituted or in any way changed from that which was discharged into the agent's sewage collection system at the time the agent's permit was issued so that it violates any provision of this section, and the agent shall have notified the permittee in writing of such violation, and if the permittee fails to comply with the permit conditions, or does not cease to discharge into the agent's system within 24 hours, permittee's permit shall be revoked and the agent may disconnect or plug the connection whereby permittee's industrial waste enters the agent's sewage collection system. Such service shall be restored only at permittee's expense and only when the permit has been reissued by the agent.
2. 
Notwithstanding anything herein to the contrary, in the event permittee shall discharge or permit into the agent's sewage collection system of any substance which may create a present and immediate hazard to the public health, safety or welfare or to the sewage collection system of the agent, the agent may immediately disconnect or plug the connection whereby such substance is entering the sewage collection system.
3. 
In the event that a connection to the agent's sewage collection system serves users other than a permittee, the permittee shall provide a means whereby the permittee's sewer service can be disconnected or plugged without interfering with service to other uses.
4. 
The Borough, its agent, state and federal representative shall have access to enter all properties of the contributory industry for the purpose of inspections, observation, measurement, sampling and testing.
16-4.4. 
Fees. Applicants shall pay the fees set forth in section 4-10 of this revision.
Applicants shall reimburse the agent for reasonable fees paid by the agent for professional review of the application by the agent's engineer and attorney.
All fees and reimbursements shall be paid prior to the issuance of the permit.
16-4.5. 
Characteristics of Prohibited Industrial Waste.
a. 
No waste shall be permitted to be discharged into the agent's sewage collection system which contains either suspended solids, biochemical oxygen demand or chemical oxygen demand greater than normal domestic sewage. The effluent limitation for the parameters are:
Suspended Solids
300 ppm
Biochemical oxygen Demand
250 ppm
Chemical Oxygen Demand
400 ppm
b. 
Waste containing unduly high concentration of substances with characteristics which will interfere with the normal operation of the sewage treatment plant of the agent is prohibited and the discharge of same into the sewage collection system shall be grounds for revocation of the permit.
1. 
The concentration of these substances shall be determined by analysis of the inflow into the agent's sanitary system and shall not exceed the following requirements:
Substance
Limit Mg/L
Aluminum sulfate
10.0
Arsenic as As
4.0
Barium
2.0
Boron as B
1.0
Cadmium
0.02
Chromium as Cr
3.0
Chromium (Hexavalent)
0.10
Copper as Cu
1.0
Cyanide as CN
2.0
Ether soluble matter
10.0
Iron as Fe
5.0
Lead as Pb
0.1
Mercury
0.01
Nickel as Ni
3.0
Phenol
0.005
Selenium
0.02
Zinc as Zn
2.0
Total Solids
5000
2. 
Surface active agents or synthetic detergents shall be of an approved type, with a high degree of biodegradability.
3. 
Any waste having a pH lower than 6.0 or higher than 9.0.
4. 
Temperature shall not exceed 150° F.
16-4.6. 
Testing. Any analysis to determine the sewage strength shall be performed by a certified laboratory approved by the agent and/or New Jersey Department of Environmental Protection and shall be performed at the expense of the discharger. All such tests shall be performed in compliance with the "Standard Methods for the Examination of Water and Wastewater" current edition. In the case of a major contributing industry, in addition to the analysis required under paragraph 16-4.3b.7, analyses, based on samples collected within 30 days of the date of submission, shall be submitted on a semi-annual basis each May 31 and November 30. Such semi-annual analyses shall be for those parameters required by the Federal Environmental Protection Agency or the New Jersey Department of Environmental Protection. The agent may require additional test to determine if the permittee is complying with the limitations of the permit issued by the agent. The agent reserves the right to perform additional testing at its own expense when the agent deems it necessary.
16-4.7. 
Discharge of Certain Types of Waste Prohibited. The discharge of the following waste into the sewage collection system of the agent is prohibited and shall be grounds for revocation of the permit and/or disconnection from the agent's sewage collection system.
a. 
Gasoline, benzine, naphtha, fuel oil or mineral oil or other flammable or explosive liquid, solid or gas, tolyene, zylene.
b. 
Garbage, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, manure, hair and fleshings, entrails, paint residues, canner waste, bulk solids, paper mill wastes or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system.
c. 
Any noxious or malodorous gas of substances, which either singly or by interaction with other wastes, is capable of creating a hazard or menace to life or property or of preventing entry into the sewers for their maintenance and repair.
d. 
Any radioactive isotopes.
e. 
Any wastes containing viable pathogenic bacteria other than those normal to domestic sewage.
f. 
Concentrated dye wastes, spent tanning solutions or other wastes which are highly colored and which color cannot be removed by the agent's sewage treatment plant.
g. 
Any waste containing grease or oil that will solidify or become viscous at temperatures between 32° and 150° F.
h. 
Surface or rainwater, cooling water and water from roof or cellar drains, groundwater or unpolluted industrial or unpolluted commercial process water.
i. 
Any waste which, in the opinion of the agent, is harmful to any portion of the sewerage system or to its operating personnel or the general public.
j. 
Any water or waste which, in the opinion of the agent, contains any toxic substances in quantity sufficient to constitute a hazard to humans or animals or to interfere with the process of the sewage treatment plant whereby the discharge from the same will exceed state, federal or other legal requirements for the receiving stream.
k. 
Any waste as defined in 40 CFR 128.131 of the Federal Register.
16-4.8. 
Quantity of Industrial Waste. Where the average daily flow of any individual permittee is greater than 1% of the average daily flow of the entire sanitary system of the agent, as a condition to the granting of a permit, holding facilities may be required to be constructed on the premises of the permittee by, and at the expense of, the permittee, which shall control the quantity and rates of discharge so that the rate will be constant over a twenty-four-hour period for each day of the week.
16-4.9. 
Control of Industrial Waste.
a. 
Any persons who shall be permitted to discharge industrial wastes into the sanitary sewer system shall construct, and thereafter shall properly maintain, at its own expense, a suitable control manhole to facilitate observation, measurement and sampling when, in the opinion of the agent, such manhole is necessary to properly observe, measure and sample the output of that particular permittee. Any such control manhole shall be constructed at an accessible, safe, suitable and satisfactory location, in accordance with plans approved by the agent prior to commencement of construction. Failure to install such a manhole may result in the rejection or revocation of the permit. A manhole shall be constructed on each service sewer individually connected to sewage collection systems.
b. 
Whenever necessary in order to comply with local, county, regional, state and/or federal regulations, including section 307 of the Federal Water Pollution Control Act and amendments thereto, a permittee shall provide, at its expense, such facilities for pretreatment and handling of industrial waste as is necessary to remove or neutralize objectionable substances before such waste is discharged into the sewage collection system of the agent.
c. 
Whenever facilities for treatment of industrial wastes are provided by the permittee before discharge into the agent's sewage collection system, such facilities shall be maintained continuously, at the expense of the permittee, in satisfactory operating condition; and Borough, state and federal representatives shall have access to such treatment facilities and records regarding same at reasonable times for the purpose of inspecting, testing, observation and measurement.
d. 
The agent, as a condition of granting or renewing a permit, may require the permittee to install, operate and maintain automatic monitoring and recording equipment for such parameters as flow, pH and temperature.
16-4.10. 
Reports. All major contributing industries, and other industries deemed necessary by the agent, shall file periodic and other reports with the agent, as required under the Federal Water Pollution Control Act and amendments thereto. This information shall be a requirements for issuance and continuation of any permit issued by the agent for connection with the agent's sanitary sewer system.
16-4.11. 
Transfer of Permit. The permit issued under this section is issued to a specific user for a specific operation. The permit shall not be assigned, transferred or sold to a new owner, new user, different premises or a new or changed operation.
16-4.12. 
Accidental Discharges.
a. 
Notification of Discharge. The permittee shall notify the agent immediately upon accidentally discharging waste in violation of this section and/or the permit issued for such discharge to enable countermeasures to be taken by the agent to minimize damage to the Borough sewage treatment facilities, treatment processes and the receiving waters. This notification shall be followed within 15 days of the date of the occurrence by a detailed written statement describing the causes of the accidental discharge and the measures taken to prevent future occurrences.
b. 
Notice to Employees. In order that employees of the users be informed of the agent's requirements, users shall make available to their employees copies of this section, together with such other wastewater information and notices which may be furnished by the agent from time to time directed to more effective water pollution control. A notice shall be furnished and permanently posted on the permittee's bulletin board advising employees whom to call in case of an accidental discharge in violation of this section and/or the permit issued hereunder.
c. 
Submission of Time Schedules. When the agent finds that a discharge of wastewater has taken place in violation of prohibitions or limitations prescribed by this section and/or the permit issued hereunder, the agent may require the permittee to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions which the permittee shall take in order to prevent or correct a violation requirements.
16-4.13. 
Compliance with Additional Standards. The disposal into the sewer system of any pollutant by any person is unlawful, except in compliance with federal standards promulgated pursuant to the Federal Water Pollution Control Act and amendments thereto, and any more stringent state and local standards.
16-4.14. 
Violations and Penalties. Any person who violates any provision of this section shall be fined as follows:
Consecutive Days of Noncompliance
Penalty Per Day
0 - 15
$750
16 - 30
$1,500
31 or more
$1,500
16-5.1. 
Prohibition. It shall be a violation of this section for any person to discard, dump or dispose of solid waste on or about the streets and on public and private property within the borders of the Borough.
16-5.2. 
Definition.
SOLID WASTE
Any toxic or nontoxic garbage, refuse and any and all other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities and shall include all other waste materials.
16-5.3. 
Violation and Penalties. The penalty for violation of this section, upon conviction by a court of competent jurisdiction, shall be a fine of $1,000 per violation and imprisonment for a period of 60 days or community service for a period of 90 days, or both.
Any person who is convicted of violating this section within one year of the date of a previous violation shall be sentenced by the court as a repeat offender and assessed an additional fine of $1,000 and imprisonment for a period of 60 days.
16-6.1. 
Findings.
a. 
Conservation of recyclable materials is a necessity in order to conserve our natural resources.
b. 
The cost of solid waste disposal is ever increasing and convenient landfill facilities are rapidly decreasing.
c. 
The reduction of the amount of solid waste to be disposed of will reduce the cost of landfill disposal fees and extend the life of the landfill, and at the same time the separation, collection and sale of recyclable materials will reduce the financial burden of solid waste disposal.
16-6.2. 
Definitions. For the purpose of this section, the following words and phrases shall have the meanings set forth herein, unless another meaning clearly appears from the context:
ALUMINUM
Aluminum cans.
BATTERIES, HOUSEHOLD GENERATED
Any type of button, coin, cylindrical, rectangular or other shaped, enclosed device or sealed container consisting of a combination of two or more voltaic or galvanic cells, electrically connected to produce electric energy, composed of lead, lithium, manganese, mercury, mercuric oxide, silver oxide, cadmium, zinc, copper or other metals, or any combination thereof, and designed for household use, including any alkaline, manganese, lithium, mercuric oxide, silver oxide, zinc-air or zinc-carbon battery, nickel-cadmium rechargeable battery or sealed lead rechargeable battery.
CONSTRUCTION AND DEMOLITION DEBRIS (C/D)
Source separated nonputrescible recyclable material generated from the construction, alteration, repair, maintenance or demolition of structures within Bergen County. This material shall include concrete, bricks, block, ferrous and nonferrous scrap, asphalt, asphalt shingles, recyclable wood scrap and any and all other material generated from the construction, alteration, repair, maintenance or demolition of a structure or structures within Bergen County that a municipality may deem recyclable.
FERROUS CONTAINERS
See Tin Cans.
GLASS
All products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter. Specifically, clear, green and brown glass containers only. Excluded are all other colored glass items and glass commonly known as window glass.
GRASS
Green herbage sending up spike-like shoots or blades.
HOUSEHOLD GENERATED BATTERIES
See Batteries, Household Generated.
LEAVES
Those materials naturally formed from trees and bushes that are suitable for composting and mulching purposes.
PAPER, HIGH GRADE
White typing and ledger paper, white notepad paper, copier paper, carbonless computer printout, manila tab cards and file folders.
PAPER, MIXED
Source separated mixture of all types of paper, including, but not limited to, corrugated, high grade paper, newspaper, magazines, telephone directories, wrapping paper, box board, books, grocery bags and junk mail.
PLASTIC BOTTLES
Any product made of plastic that is used to hold a liquid. This includes but is not limited to milk jugs, soda bottles, juice bottles, detergent containers, shampoo containers or cleaning products. Any item used for an oil-based product shall be excluded.
REFRIGERANTS
Any item containing freon that is used for cooling or freezing, including but not limited to refrigerators, air-conditioner units or freezers.
TIN CANS
Cans made of steel or tin. The most common are tin plated steel cans which contain food.
WASTE PAPER PRODUCTS
All uncontaminated paper materials such as used newspaper, magazines, books, paper, food cartons, cardboard boxes, corrugated boxes and cartons, wrapping paper, bags and discarded letters and envelopes.
YARD AND TREE REFUSE
All grass clippings, lawn thatchings, limbs and branches, brush, small trees, bushes and leaves.
16-6.3. 
Mandatory Recycling. There is hereby established a program for the mandatory separation of high grade paper (not applicable to residential collections), mixed paper, glass, aluminum, metal, tin cans, garbage, grass, leaves, yard and tree refuse, trash and construction and demolition debris within the Borough.
16-6.4. 
Separation and Placement for Removal, Containers. The occupant or owner of any building within the Borough who shall place for disposal, removal or collection the following named items shall do so in strict conformity with the following regulations:
a. 
Waste paper. Waste paper may not be placed in plastic bags. Waste paper may be placed in brown paper bags or in cardboard boxes. Corrugated paper products shall be tied into bundles not exceeding 50 pounds and shall be separated from waste paper. Waste paper products shall be placed at the curb no later than 6:00 a.m. on the day of collection and shall either be bundled or in a clean barrel and shall not exceed 50 pounds.
b. 
Glass bottles and jars, plastic bottles, tin and aluminum cans shall be placed in a reusable occupant- or owner-supplied plastic or metal container. Bottles and cans may not be placed in plastic or paper bags or boxes. Containers shall be placed at the curb no later than 6:00 a.m. on the day of collection.
c. 
(Reserved)
d. 
(Reserved)
e. 
Brush. Branches shall be tied in bundles not to exceed four feet in length and of sufficient size and weight, not to exceed 50 pounds, to be handled by one person.
f. 
Yard and tree refuse. Grass clippings and leaves shall be placed in a clean metal or heavy plastic container marked "Yard Waste," weighing no more than 50 pounds and be no larger than 35 gallons or in biodegradable paper bags. Container or bags shall be placed at the curb no later than 6:00 a.m. on the day of collection.
g. 
Household Generated Batteries. Household generated batteries shall be disposed of in receptacles designated by the Borough or its authorized agents.
h. 
Aluminum and tin cans, glass and plastic bottles shall be placed in a clean metal or heavy plastic occupant- or owner-supplied container not to exceed 35 gallons or 50 pounds. Container shall be placed curbside no later than 6:00 a.m. on the day designated for collection.
i. 
Refrigerants. Due to federal regulations, refrigerants are not to be collected by the Borough of Carlstadt. The Borough shall use an outside contractor to collect such items as refrigerators, air conditioners and freezers. Said contractor shall be licensed to collect and recycle freon. The Superintendent of Public Works shall make available to all residents the name and phone number of said contractor. Residents shall be responsible for contacting the contractor and shall further be responsible for any fee associated with the collection of refrigerant.
16-6.5. 
Collection by Unauthorized Person. From the time of placement at the curb by anyone of the categories described herein for collection by the Borough in accordance with the terms hereof, items shall be and become the property of the Borough or its authorized agent. It shall be a violation of this section for any person not authorized by the Borough to collect or pick up, or cause to be collected or picked up, any such items. Any and each such collection in violation hereof from one or more residences shall constitute a separate and distinct offense.
16-7.1. 
Definitions.
DEBRIS
Stones, dirt, demolition material, broken concrete and other like material.
GARBAGE
Putrescible animal, fish, fowl, fruit or vegetable waste incident to and resulting from the use, preparation, cooking and consumption of food.
METAL
All products made of metal, including washers, dryers, stoves, hot-water heaters, tire rims, springs, bicycles, door frames, window frames, screen frames, lawn chairs and other similar metal products, but not including refrigerators or aluminum cans.
TRASH
Ashes, plastic material, ceramics, blue and flat glass, non-putrescible solid waste, building materials, contaminated paper, unwanted furniture, cabinets and other similar materials.
16-7.2. 
Regulations. All garbage and other waste products set out for collection by the Borough shall comply with the following requirements:
a. 
Garbage. The garbage receptacle shall be a container of galvanized iron or heavy-duty plastic and shall be watertight and provided with suitable handles and a tight-fitting cover that will prevent access of flies and other insects and animals to the contents. The same shall be covered at all times when stored, and cover shall be removed when at the curb for collection. Cans shall have a capacity of not less than four gallons and not more than 35 gallons. Cans shall be placed at the curb no later than 6:00 a.m. on day of collection.
b. 
Trash and Debris. Trash and debris shall be placed in metal or heavy-duty plastic containers or plastic bags secured by a lid or securely tied, with a total weight not to exceed 50 pounds.
c. 
(Reserved)
d. 
All large metal appliances, door frames, window frames, tire rims, bicycles, wire hangers and all other metal objects except for tin and aluminum cans, refrigerators and air conditioner units, shall be placed curbside no later than 6:00 a.m. on the day designated for collection of such items.
e. 
Recyclables. No item specified in Section 16-6 for recycling shall be placed for removal by the Borough with trash or garbage.
16-8.1. 
Receptacle Requirements. All receptacles required herein shall be supplied by the occupant or owner of the premises, and all recyclable material receptacles shall be placed prior to collection between curb and sidewalk before 6:00 a.m. where they shall be readily accessible to the collector. The occupant or owner shall keep all receptacles clean and in condition for safe handling. After collection, any empty containers shall be removed from curbside promptly, but no later than 6:00 p.m. of the day of collection.
16-8.2. 
Collection. The collection, removal and disposal of waste paper products, glass, aluminum, plastic, garbage, trash, debris and large objects shall be scheduled and regulated by the enactment of resolutions from time to time by the Mayor and Council with the advice of the Superintendent of the Department of Public Works, which shall establish the time, method of routes of service and type of receptacles. Special times for large item pickup shall be established. The Superintendent shall also have the authority to change the collection schedule or cancel collections on a case-by-case basis due to emergencies or severe weather conditions.
a. 
Garbage, trash, rubbish, paper, glass, aluminum and large items must be placed curbside prior to 6:00 a.m. on the day of collection.
b. 
No item may be placed curbside prior to 6:00 p.m. the day prior to the scheduled collection day.
c. 
After collection, any empty containers shall be removed from curbside promptly, but no later than 6:00 p.m. of the day of collection.
d. 
Failure to comply with this section shall result in an immediate summons being issued. This may be done without the necessity of first issuing a warning. Fines issued shall be in the amount prescribed by Section 16-10 of this chapter.
e. 
The Carlstadt Police Department and all Borough enforcement officers shall be charged with and authorized to enforce this chapter.
16-9.1. 
Definitions. As used in this section, the following words or phrases shall have the meanings indicated herein:
EXPENDABLE ITEMS
Any item used to extinguish any fire and/or stop or control or contain any leak or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular fire, leak or spill. These include, but are not restricted to, fire fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums and specialized protective equipment to include, but not restricted to, acid suits, acid gloves, goggles and protective clothing.
HAZARDOUS MATERIALS
Any material, solid, liquid or gas, listed as a hazardous substance or material, including, but not necessarily limited to, such substances and materials listed under the NFPA "Guide of Hazardous Material," the Department of Transportation Guide Book and the list of "Hazardous Substances and Toxic Pollutants" listed by the federal Environmental Protection Agency and the New Jersey Department of Environmental Protection.
VEHICLE
Any motorized equipment registered or unregistered, including, but not limited to, a passenger car, motorcycle, truck, tractor trailer, construction equipment, farm machinery, watercraft, aircraft and trains.
VESSEL
Any container, drum, box, cylinder, bottle or tank used to hold, contain, carry or store any hazardous material.
16-9.2. 
Reimbursable Items. Costs incurred by the Borough and/or other mutual aid responding units for the following items in connection with the suppressing, control or clean up of a fire, leakage or spillage involving any hazardous substance or hazardous material shall be reimbursed to the aforesaid respective organizations by the responsible parties as set forth in Subsection 16-9.3, below.
a. 
The cost of replacement of expendable items.
b. 
The expenses incurred by the Borough for the wages, regular and/or overtime, paid to its employees/agents as a result of a hazardous material incident.
c. 
Any and all medical costs incurred by responding personnel.
d. 
Any and all environmental tests required to insure a hazard free environment, including soil, water and air.
e. 
A fixed hourly rate, as set forth in Section 4-11 of this revision, for the use of apparatus and vehicles at incidents.
f. 
All expenses incurred by other mutual aid responding units.
g. 
Services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department or emergency management coordinator to handle such incidents.
16-9.3. 
Parties Responsible for Reimbursement. Reimbursement to the Borough for any reimbursable items, as set forth above, shall be made by the following parties:
a. 
The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.
b. 
The owner or person responsible for any vessel containing hazardous material involved in any fire, leak or spill on public or private property, whether stationary or in transit, whether accidental or through negligence.
c. 
The owner or person responsible for any property from which any leak or spill of hazardous material emanates.
d. 
Any person responsible for any fire, leak or spill of hazardous material on public or private property.
16-9.4. 
Period for Payment. Any responsible party, as set forth in subsection 16-9.3, shall reimburse the Borough for the full price of any reimbursable items used to extinguish such a fire, stop or contain such a leak, or control and clean up such a spill within 45 days after receipt of a bill for such items from the Borough. Billing is to include a 20% administrative fee.
16-9.5. 
Violations and Penalties. Any responsible party, as set forth in subsection 16-9.3, who fails to reimburse the Borough for reimbursable items within the time limit set forth in subsection 16-9.4, shall be subject to a fine of not less than $100 nor more than $500, or imprisonment for a period of not more than 90 days, or both.
Upon the failure to reimburse the Borough for the cost of such items within the forty-five-day period, and in addition to any penalty provided for in this subsection, the Borough may take such action as may be provided by law to recover such costs from the responsible party.
Any person, firm or corporation violating the provisions of Sections 16-6 through 16-8 and the rules and regulations issued pursuant thereto shall be given one warning of such violation within a calendar year, whereupon a summons shall be issued for any offense after the first offense and subject the violator to the penalties at the discretion of the Judge of the Municipal Court as follows:
16-10.1. 
For the first summons issued on the second offense, the amount of $25.
16-10.2. 
For the second summons issued on the third offense, the amount of $50.
16-10.3. 
For the third and any subsequent summonses issued on the fourth or subsequent offenses, the amount of $100, excepting that a person violating Subsection 16-6.5 of this chapter shall be liable to a maximum fine of $500 or imprisonment in the county jail for a period not to exceed 10 days, or both.
16-11.1. 
Purpose; Intent.
a. 
The purpose of this section is to provide for the health, safety, and general welfare of the citizens of the Borough of Carlstadt through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This section establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process.
b. 
The objectives of this section are:
1. 
To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user.
2. 
To prohibit illicit connections and discharges to the MS4.
3. 
To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this section.
16-11.2. 
Definitions. For purposes of this section, the following shall mean:
AUTHORIZED ENFORCEMENT AGENCY
Employees or designees of the director of the municipal agency designated to enforce this section.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Subsection 16-11.8 of this section.
ILLICIT CONNECTIONS
Either of the following:
a. 
Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm drain system, including but not limited to any conveyances that allow any non-stormwater discharge including sewage, process wastewater, and washwater to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
b. 
Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
INDUSTRIAL ACTIVITY
Activities subject to NPDES Industrial Stormwater Permits as defined in 40 CFR 122.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the Borough of Carlstadt and designed or used for collecting or conveying stormwater and that is not used for collecting or conveying sewage.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the EPA [or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b)] that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
NON-STORMWATER DISCHARGE
Any discharge to the storm drain system that is not composed entirely of stormwater.
PERSON
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM
Publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basis, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER MANAGEMENT PLAN
A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
16-11.3. 
Applicability. This section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the authorized enforcement agency.
16-11.4. 
Responsibility for Administration. The Carlstadt Department of Public Works, its Superintendent or his employees or designees as the authorized enforcement agency (AEA) shall administer, implement, and enforce the provisions of this section. Any powers granted or duties imposed upon the AEA may be delegated in writing by the Director of the AEA to persons or entities acting in the beneficial interest of or in the employ of the agency.
16-11.5. 
Compatibility with Other Regulations. This section is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this section are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
16-11.6. 
Severability. The provisions of this section are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this section.
16-11.7. 
Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this section are minimum standards; therefore, this section does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.
16-11.8. 
Discharge Prohibitions.
a. 
Prohibition of Illegal Discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than stormwater.
1. 
The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
(a) 
The following discharges are exempt from discharge prohibitions established by this section: water line flushing, landscape irrigation, diverted stream flows, rising groundwaters, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street washwater.
(b) 
Discharges or flow from firefighting, and other discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.
(c) 
Discharges associated with dye testing, however, this activity requires a verbal notification to the authorized enforcement agency prior to the time of the test.
2. 
The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.
b. 
Prohibition of Illicit Connections.
1. 
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
2. 
This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of the connection.
3. 
A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4 or allows such a connection to continue.
4. 
Improper connections in violation of this section must be disconnected and redirected, if necessary, to an approved on-site wastewater management system or the sanitary sewer system upon approval of the authorized enforcement agency.
5. 
Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the authorized enforcement agency requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the authorized enforcement agency.
16-11.9. 
Watercourse Protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
16-11.10. 
Industrial or Construction Activity Discharges.
a. 
Submission of NOI to Borough of Carlstadt.
1. 
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the authorized enforcement agency prior to the allowing of discharges to the MS4.
2. 
The operator of a facility, including construction sites, required to have an NPDES permit to discharge stormwater associated with industrial activity shall submit a copy of the notice of intent to the authorized enforcement agency at the same time the operator submits the original notice of intent to the EPA as applicable.
3. 
The copy of the notice of intent may be delivered to the authorized enforcement agency either in person or by mailing it to:
Notice of Intent to Discharge Stormwater
AEA
Borough of Carlstadt
500 Madison Street
Carlstadt, NJ 07072
4. 
A person commits an offense if the person operates a facility that is discharging stormwater associated with industrial activity without having submitted a copy of the notice of intent to do so to the authorized enforcement agency.
16-11.11. 
Compliance Monitoring.
a. 
Right of Entry; Inspection and Sampling. The AEA shall be permitted to enter and inspect facilities subject to regulation under this section as often as may be necessary to determine compliance with this section.
1. 
If a discharger has security measures in force that require property identifications and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.
2. 
Facility operators shall allow the authorized enforcement agency ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
3. 
The authorized enforcement agency shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facilities stormwater discharge.
4. 
The authorized enforcement agency has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
5. 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the authorized enforcement agency and shall not be replaced. The costs of clearing such access shall be borne by the operator.
6. 
Unreasonable delays in allowing the authorized enforcement agency access to a permitted facility in violation of a stormwater discharge permit and of this section. A person who is the operator of a facility with an NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this section.
b. 
Search Warrants. If the authorized enforcement agency has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and or/or sample as part of a routine inspection and sampling program designed to verify compliance with this section or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
16-11.12. 
Requirement to Prevent, Control, and Reduce Stormwater Pollutant by the Use of Best Management Practices.
The authorized enforcement agency will adopt requirements identifying best management practices for any activity, operation, or facility, which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States. The owner or operator of such activity, operation, or facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premises that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provision of this section. These BMPs shall be part of a Stormwater Management Plan (SWMP) as necessary for compliance with requirements of the NPDES permit.
16-11.13. 
Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous material said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within three days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least seven years.
16-11.14. 
Violations; Enforcement and Penalties.
a. 
Violations.
1. 
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. Any person who has violated or continues to violate the provisions of this section may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
2. 
In the event the violation constitutes an immediate danger to public health or public safety, the authorized enforcement agency is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The authorized enforcement agency is authorized to seek costs of the abatement as outlined in Subsection 16-11.17.
b. 
Warning Notice. When the authorized enforcement agency finds that any person has violated, or continues to violate, any provision of this section or any order issued hereunder, the authorized enforcement agency may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the authorized enforcement agency to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
c. 
Notice of Violation. Whenever the authorized enforcement agency finds that a person has violated a prohibition or failed to meet a requirement of this section, the authorized enforcement agency may order compliance by written notice of violation to the responsible person.
1. 
The notice of violation shall contain:
(a) 
The name and address of the alleged violator;
(b) 
The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
(c) 
A statement specifying the nature of the violation;
(d) 
A description of the remedial measures necessary to restore compliance with this section and a time schedule of the completion of such remedial action;
(e) 
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(f) 
A statement that the determination of violation may be appealed to the authorized enforcement agency by filing a written notice of appeal within seven days of service of the notice of violation; and
(g) 
A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
2. 
Such notice may require, without limitation:
(a) 
The performance of monitoring, analyses, and reporting;
(b) 
The elimination of illicit connections or discharges;
(c) 
That violating discharges, practices, or operations shall cease and desist;
(d) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
(e) 
Payment of a fine to cover administrative and remediation costs; and
(f) 
The implementation of source control or treatment BMPs.
d. 
Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this section, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
e. 
Suspension of MS4 Access.
1. 
Emergency Cease and Desist Orders.
(a) 
When the authorized enforcement agency finds that any person has violated, or continues to violate, any provision of this section, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the authorized enforcement agency may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:
(1) 
Immediately comply with all ordinance requirements; and
(2) 
Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
(b) 
Any person notified of an emergency order directed to it under this subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility service. The authorized enforcement agency may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the authorized enforcement agency that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this section. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the authorized enforcement agency within 10 days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or prerequisite for, taking any other action against the violator.
2. 
Suspension Due to Illicit Discharges in Emergency Situations. The authorized enforcement agency may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop and actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
3. 
Suspension Due to the Detection of Illicit Discharge.
(a) 
Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.
(b) 
A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without prior approval of the authorized enforcement agency.
f. 
Civil Penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within three days, or such greater period as the authorized enforcement agency shall deem appropriate, after the authorized enforcement agency has taken one or more of the actions described above, the AEA may impose a penalty not to exceed $2,000 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
g. 
Criminal Prosecution. Any person that has violated or continues to violate this section shall be liable to criminal prosecution to the fullest extent of the law and shall be subject to a criminal penalty of $2,000 per violation per day and/or imprisonment for a period of time not to exceed 90 days. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
16-11.15. 
Appeal of Notice of Violation. Any person receiving a notice of violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within three days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or his/her designee shall take place within 10 days from the date of receipt of the notice of appeal. The decision of the municipal authority or its designee shall be final.
16-11.16. 
Enforcement Measures After Appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within seven days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
16-11.17. 
Cost of Abatement of the Violation.
a. 
Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objection to the amount of the assessment within 10 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
b. 
Any person violating any of the provisions of this section shall become liable to the Borough of Carlstadt by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of 18% per annum shall be assessed on the balance beginning on the 30th day following discovery of the violation.
16-11.18. 
Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
16-11.19. 
Remedies Not Exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. The authorized enforcement agency may recover all attorney's fees, court costs and other expenses associated with enforcement of this section, including sampling and monitoring expenses.
16-12.1. 
Purpose. This section 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 Borough of Carlstadt so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
16-12.2. 
Definitions. For purposes of this section, 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 Borough of Carlstadt 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.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
16-12.3. 
Prohibited Conduct. 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:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in Subsection 16-12.4 below prior to the completion of the project.
16-12.4. 
Design Standard. Storm drain inlets identified in Subsection 16-12.3 above shall comply with the following standard 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. For exemptions to this standard see Subsection b below.
a. 
Grates.
1. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(a) 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
(b) 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.
2. 
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
3. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
b. 
This standard does not apply:
1. 
Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2. 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a) 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inch;
3. 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New-Jersey-Register-listed historic property.
16-12.5. 
Enforcement. This section shall be enforced by the Carlstadt Department of Public Works, its Superintendent or his employees or designees and the Carlstadt Construction Department, its Construction Code Officer or his employees or designees.
16-12.6. 
Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $2,000 (depending on the severity of the violations) for each day the violation remains unremedied after receipt of notice of violation.