[Adopted 4-13-2005 by Ord. No. 1-05]
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated therein unless their use in the text of this chapter 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 the words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
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 the Borough of Westville or other public body and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
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.
The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Westville 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.
The following are exceptions to the prohibitions of § 324-6 above:
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 condensation (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) 
Equipment used in the application of salt and deicing materials immediately following salt and deicing material applications. Prior to rinsing with clean water, all residual salt and deicing 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.
(2) 
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.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to penalties as set forth:
A. 
Maximum penalty. For a violation of this article, the maximum penalty, upon conviction, shall be as set forth in Chapter 1, Article I, § 1-15, General penalty.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Separate violations. Except as otherwise provided, every day in which a violation of any provision of this article exists shall constitute a separate violation.
C. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, involving a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
D. 
Minimum penalty. The governing body may prescribe that, for the violation of any particular Code provision or ordinance, at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100 (N.J.S.A. 40:49-5).