[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 171.
Property maintenance — See Ch. 207.
Sewers and sewage disposal — See Ch. 219.
Streets and sidewalks — See Ch. 225.
Flood damage prevention — See Ch. 281.
Land use procedures — See Ch. 291.
Stormwater control — See Ch. 301.
Subdivision of land and site plan review — See Ch. 305.
Zoning — See Ch. 310.
[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.
Waste and wastewater from humans or household operations.
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.
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, 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.
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 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.
A.
The spilling, dumping, or disposal of materials other
than stormwater to the municipal separate storm system operated by the Borough
of New Providence 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.
B.
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 New Providence any domestic sewage, noncontact cooling water,
process wastewater, or other industrial waste (other than stormwater).
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 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 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.
