[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-8-2005 by Ord. No. 05-2005]
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.
Waste and wastewater from humans or household operations.
Any physical or nonphysical connection that discharges domestic
sewage, noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Borough of Totowa, unless that discharge is
authorized under a NJPDES permit other than the Tier A Municipal Stormwater
General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections
may include, but are not limited to, leaks, flows, or overflows into
the municipal separate storm sewer system.
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)].
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 Totowa or other public body, and is designed and
used for collecting and conveying stormwater.
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.
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. Noncontact
cooling water may however contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
Any individual corporation, company, partnership, firm, association,
or political subdivision of this state subject to municipal jurisdiction.
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 noncontact cooling water.
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 Borough of Totowa any domestic sewage, noncontact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
The spilling, dumping or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by the Borough of Totowa 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.
Water line 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
their use for their intended purposes; and
(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.
This article shall be enforced by the Borough
of Totowa Building Department and/or Police Department.
Any person who violates any of the provisions
of this article, shall upon conviction, be punished by a fine not
to exceed $1,250 for each offense or by imprisonment for a term not
to exceed 90 days, or a requirement of community service not to exceed
90 days. A separate offense shall be deemed committed on the day on
which a violation occurs and each day the violation continues to occur.
[Added 7-27-2010 by Ord.
No. 09-2010]
This is an article requiring 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 Totowa so
as to protect the public health, safety and welfare and to prescribe
penalties for the failure to comply.
For the purpose of this article, the following terms, phrases
and words and their derivatives 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 Totowa or other public body and is designed and
used for collecting or conveying stormwater. MS4s do not include combined
sewer systems which are sewer systems that are designed to carry sanitary
sewerage at all times and to collect and transport stormwater from
streets and other sources.
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.
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 subject to its jurisdiction.
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
topcoating 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 drain inlet on that property unless the storm
drain inlet either:
Storm drain inlets identified in § 349-9 above shall comply with the following standards to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash and other floating, suspended or settleable materials.
A.
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 other surface water body under
the grate:
(1)
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
(2)
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 inches across the smallest dimension.
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Examples of grate subject to this standard includes 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.
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B.
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.
C.
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 though any device (i.e., 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:
(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 determined that
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C
7:4-7.2(c), that action to meet the standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
This article shall be enforced by the Borough of Totowa Construction
Code Official, Property Maintenance Officer and/or his designee.
Any person who violates any of the provisions of this article,
shall upon conviction, be punished by a fine not to exceed $2,000
for each offense or by imprisonment for a term not to exceed 90 days,
or a requirement of community service not to exceed 90 days. A separate
offense shall be deemed committed on the day on which a violation
occurs and each day the violation continues to occur.
