[Adopted 10-11-2005 by Ord. No. 2005-15]
An ordinance to prohibit the spilling, dumping, or disposal of materials
other than stormwater and to prohibit illicit connections to the municipal
separate storm sewer system (MS4) operated by the Borough of New Providence,
so as to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
For the purposes 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.
ILLICIT CONNECTION
Any physical or non-physical 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 New Providence, 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 the Borough of New
Providence or other public body, and is designed and used for collecting and
conveying stormwater.
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.
NONCONTACT 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. Noncontact 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 noncontact
cooling water.
STORMWATER
Water resulting from precipitation (including rain and snow) that
runs off the lands 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.
This article shall be enforced by the Police Department and the Borough
Administrator, the Public Works Manager, the Borough Engineer, the Construction
Official and the Zoning Officer.
Any person(s) who continues to be in violation of the provisions of
this article, after being duly notified, shall be subject to a fine and penalty
not to exceed the fine and penalty set forth at §
1-5 of this Code
of the Borough of New Providence.