[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. 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 separate storm sewer
system operated by the Borough of Westville, unless that discharge
is authorized under a NJPDES permit other than a Tier A Municipal
Stormwater General Permit (NJPDES Permit No. 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 the Borough of Westville 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 separate storm sewer system
operated by the Borough of Westville any domestic sewage, noncontact
cooling water, process wastewater or other industrial waste (other
than stormwater).
This article shall be enforced by the Zoning Enforcement Officer
of the Borough of Westville.
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.
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).
[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.
This article shall be enforced by the Zoning Enforcement Officer
of the Borough of Westville.
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.
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).