[Adopted 9-19-2012 by Ord. No. 12-11]
The purpose of this article is to prohibit the spilling, dumping,
or disposal of materials other than stormwater to the municipal separate
storm sewer system (MS4) that is owned or operated by the Borough
of Seaside Heights, or other public body, so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
As used in this article, the following terms, phrases, words
and their derivations shall have the meanings stated herein unless
their use in the text of this article 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 Borough of Seaside Heights, 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.
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 spilling, dumping or disposal of materials other than stormwater
to the municipal separate storm sewer system in the Borough of Seaside
Heights 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.
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 firefighting activities.
I.
Flows from rinsing of the following equipment with clean water:
(1)
Beach maintenance equipment immediately following their use for their
intended purposes; and
(2)
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing 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. 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.
This article shall be enforced by the Police Department and/or
the Code Enforcement Officer of the Borough of Seaside Heights.
A.
Any person violating or failing to comply with any other provision
of this article shall, upon conviction thereof, be punishable by a
fine of no less than $100 and no more than $1,000, by imprisonment
not to exceed 90 days or by community service of not more than 90
days, or any combination of fine, imprisonment and community service,
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
The violation of any provision of this chapter shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
