[HISTORY: Adopted by the Township Council
of the Township of Pemberton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-6-2005 by Ord. No. 17-2005[1]]
[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.
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.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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]
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.
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]
[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:
[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.
[Amended 5-5-2010 by Ord. No. 7-2010]
This article shall be enforced by the Zoning
Officer of Pemberton Township.
[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.
