[HISTORY: Adopted by the Mayor and Council of the Borough of Tuckerton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-3-2005 by Ord. No. 21-2005]
To prohibit the spilling, dumping, or disposal of materials other than
stormwater to the municipal separate storm sewer system (MS4) operated by
the Borough of Tuckerton 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 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 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 Tuckerton, unless that discharge is authorized under a NJPDES
permit other than the Tier A Municipal Stormwater General Permit (NPPDES 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 Tuckerton
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, conies into
direct contact with or results from the production or use of any raw material,
intermediate product, finished product, by-product, or water 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.
A.
The spilling, dumping, or disposal of materials other
than stormwater to the municipal separate storm sewer system operated by the
Borough of Tuckerton 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 Tuckerton 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 its
use for its 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.
The article shall be enforced by the Police Department and/or Code Enforcement
Officer of the Borough of Tuckerton.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by a fine of
not more than $1,000 or by imprisonment for a term not to exceed 90 days,
or by both such fine and imprisonment, in the discretion of the 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.
