[Adopted 4-5-2005 by Ord. No. 1285]
An article 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 Emerson, 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.
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 Emerson or other public body, and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
The spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by Borough of Emerson 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Section 247-30 shall not apply to the following:
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
non-contact 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 de-icing
materials immediately following salt and de-icing material applications.
Prior to rinsing with clean water, all residual salt and de-icing
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
and all other zoning enforcement officials in the Borough of Emerson.
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 not to exceed statutory maximum.
