[Adopted 9-8-2005 by Ord. No. 2005-10]
The purpose of this article is 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 Chesilhurst, 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 Chesilhurst 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 Chesilhurst 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 6-7-2012 by Ord. No. 2012-5]
Exceptions to the prohibitions are as follows:
A.
Water line flushing and discharges from potable water
sources.
B.
Uncontaminated groundwater (e.g., infiltration, crawl
space or basement sump pumps, foundation or footing drains, rising
groundwater).
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 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
Department and/or other municipal officials of Borough of Chesilhurst.
[Amended 6-7-2012 by Ord. No. 2012-5; 11-14-2013 by Ord. No. 2013-5]
A.
Any person(s) who continue(s) to be in violation of the provisions
of this article, after being duly notified, shall be subject to a
fine not exceeding $2,000, imprisonment for a period not exceeding
90 days and/or a period of community service not exceeding 90 days.
B.
The Borough shall further seek reimbursement of any and all costs
and expenses related to reward monies paid pursuant to a violation
of the provisions of this article, including, but not limited to,
any and all reward monies paid in accordance with Resolution No. 2013-156.[1]
[1]
Editor's Note: A "Whereas" clause to this ordinance stated
that Res. No. 2013-156 authorized a reward of $1,000 for information
leading to the arrest and conviction of person(s) responsible for
illegal dumping of grease in the Borough's sanitary sewer system
and/or municipal separate stormwater system. Said resolution is on
file in the Borough offices.
C.
Any and all costs and expenses that are ordered for reimbursement
to the Borough shall be in addition to, not in lieu of, all other
penalties set forth within this section.
