An article to prohibit illicit connections to the municipal
separate storm sewer system(s) operated by the Township of Elk, 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 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. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
ILLICIT CONNECTION
Any physical or non-physical connection that discharges domestic
sewage, non-contact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Township of Elk, unless that discharge is authorized
under a NJPDES permit other than the Tier A Municipal Stormwater General
Permit (NJPDES Permit Number NJ0141852). Non-physical connections
may include, but are not limited to, leaks, flows, or overflows into
the municipal separate storm sewer system.
INDUSTRIAL WASTE
Nondomestic waste, including, but not limited to, those pollutants
regulated under Section 307(a), (b), or (c) of the Federal Clean Water
Act [33 U.S.C. § 1317(a), (b), or (c)].
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by Township of Elk or other public body, and is designed and used
for collecting and conveying stormwater. NOTE: In municipalities with
combined sewer systems, add the following: "MS4s do not include combined
sewer systems, which are sewer systems that are designed to carry
sanitary sewage at all times and to collect and transport stormwater
from streets and other sources."
NJPDES PERMIT
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules at N.J.A.C. 7:14A
NON-CONTACT COOLING WATER
Water used to reduce temperature for the purpose of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat) or finished product. Non-contact
cooling water may however contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Township of Elk any domestic sewage, non-contact cooling
water, process wastewater, or other industrial waste (other than stormwater).
This article shall be enforced by the Elk Township Engineer,
Elk Township Public Works Department and/or Elk Township Code Enforcement
Official.
Any person who shall violate any of the terms or provisions
of this article or shall commit or do any act or thing prohibited
by the terms of this article shall, upon conviction thereof, be subject
to a fine not exceeding $1,250, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days. Offenses
on separate days shall be deemed to be separate offenses, so that
a continued violation from day to day shall be construed to be a new
violation for each day such violation occurs.