The purpose of this article is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by Chester Township, 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. 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.
- DOMESTIC SEWAGE
- Waste and wastewater from humans or household operations.
- ILLICIT CONNECTION
- 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 Chester Township, 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.
- 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, man-made channels, or storm drains) that is owned or operated by Chester Township 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 Environment 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.
- An 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.
- 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 Chester Township any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater).
This article shall be enforced by the Township Engineer or Zoning Official of Chester Township.
For any and every violation of the provisions of this article, the owner, contractor or other person or persons interested as lessee, tenant or otherwise in any building or premises where such violation has been committed or shall exist and who refuses to abate such violation within five days after written notice has been served upon him or her, either by registered mail or by personal service, shall for each and every violation be subject to a fine of not more than $1,200 or imprisonment in the county jail for a term not to exceed 90 days, or both, at the discretion of the Municipal Court or judicial officer before whom a conviction may be had. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this article.
If a violation of the same provisions of this article reoccurs, further notice to abate need not be issued, and a Municipal Court complaint from the Township Engineer or Zoning Officer may be issued immediately.
Any person who has been found guilty or who has pleaded guilty to any violation or violations of this article and who thereafter again violates the same provisions of this article to which the person was found guilty or pleaded guilty shall receive a Municipal Court complaint from the Township Engineer or Zoning Officer without prior written notice being required.
The Township Engineer or Zoning Officer may issue in one complaint as separate and specific violations of this article the dates for each and every day the violations occurred.
Imposition of a fine shall not impair or be deemed a waiver of the Township's right to seek an injunction, take corrective action, impose a lien on the land or to take any other action allowed by law.