[Adopted 10-18-2005]
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.
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 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.
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 Chester Township or other public body, and is designed and used
for collecting and conveying stormwater.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
