This article is intended to prohibit certain specified illicit
connections to the municipal stormwater drainage system operated by
the Borough of Hasbrouck Heights, 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
include the singular, and words used in the singular include the plural.
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.
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 stormwater drainage
system operated by the Borough of Hasbrouck Heights, 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 stormwater drainage 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 STORMWATER DRAINAGE 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 the Borough of Hasbrouck Heights 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 Environmental
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.
PERSON
Any 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, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontact cooling water.
STORMWATER
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 stormwater drainage system
operated by the Borough of Hasbrouck Heights any domestic sewage,
noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater).
This article shall be enforced by the Department of Public Works,
the Police Department, the Construction Code Official or any construction
subcode official, and the Property Maintenance Code Enforcement Officer
of the Borough of Hasbrouck Heights.
[Amended 2-10-2009 by Ord. No. 2201]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be subject to such penalties as are provided in Chapter
204 of this Code. In fixing the fine provided under Chapter
204, the court shall consider the additional or extraordinary cost to the Borough resulting from the violation of the terms of this article, as such cost may be certified to the court by the Superintendent of Public Works. Each day that a violation of this article continues after notice of such violation has been given shall be deemed a separate offense.