[HISTORY: Adopted by the Township Council
of the Township of Evesham 10-19-2004 by Ord. No. 29-10-2004. Amendments noted
where applicable.]
The following regulations are intended to comply
with the requirements of New Jersey Department of Environmental Protection
Stormwater Management Regulations adopted on February 2, 2004, and
codified at N.J.A.C. 7:8-1 et seq.
A.
Purpose. The purpose of this section is to prohibit
illicit connections to the municipal separate storm sewer system(s)
operated by Evesham Township, so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
B.
Definitions.
(1)
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.
(2)
DOMESTIC SEWAGE
ILLICIT CONNECTION
INDUSTRIAL WASTE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NJPDES PERMIT
NONCONTACT COOLING WATER
PERSON
PROCESS WASTEWATER
REFUSE CONTAINER
STORM DRAIN INLET
STORMWATER
WATERS OF THE STATE
For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning:
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 Evesham Township and/or the Evesham Municipal Utilities
Authority, 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 Evesham Township or other public body, and is designed and used
for collecting and conveying stormwater. MS4s do not include combined
sewer systems, which are sewer systems that are designed to carry
sanitary sewage at all times and to collect and transport stormwater
from streets and other sources.
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.
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.
Any 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, by-product,
or waste product. "Process wastewater" includes, but is not limited
to, leachate and cooling water other than noncontact cooling water.
Any waste container that a person controls, whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
[Added 9-21-2010 by Ord. No. 22-9-2010]
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
[Added 9-21-2010 by Ord. No. 21-9-2010]
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 ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 9-21-2010 by Ord. No. 21-9-2010]
C.
Prohibited conduct.
[Amended 9-21-2010 by Ord. No. 21-9-2010]
(1)
No
person shall discharge or cause to be discharged through an illicit
connection to the municipal separate storm sewer system operated by
Evesham Township and/or the Evesham Municipal Utilities Authority
any domestic sewage, noncontact cooling water, process wastewater,
or other industrial waste (other than stormwater).
(2)
No
person in control of private property (except a residential lot with
one single-family house) shall authorize the repaving, repairing (excluding
the repair of individual potholes), resurfacing (including top coating
or chip sealing with asphalt emulsion or a thin base of hot bitumen),
reconstructing or altering of any surface that is in direct contact
with an existing storm drain inlet on that property unless the storm
drain inlet either:
(3)
Refuse
containers or dumpsters.
[Added 9-21-2010 by Ord. No. 22-9-2010]
(a)
Any person who controls, whether owned, leased, or operated, a refuse
container or dumpster, must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
(b)
Any person who owns, leases or otherwise uses a refuse container
or dumpster, must ensure that such container or dumpster does not
leak or otherwise discharge liquids, semiliquids or solids to the
municipal separate storm sewer system operated by the Township of
Evesham.
(c)
Exceptions to prohibition are as follows:
[1]
Permitted temporary demolition containers.
[2]
Litter receptacles (other than dumpsters or other bulk containers).
[3]
Individual homeowner trash and recycling containers.
[4]
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
[5]
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
A.
Purpose. The purpose of this section is to prohibit
the spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system (MS4) operated by Evesham
Township, so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
B.
Definitions.
(1)
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.
(2)
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORMWATER
For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning:
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 Township of Evesham or other public body, and is designed and
used for collecting and conveying stormwater. MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
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.
[Added 9-21-2010 by Ord. No. 21-9-2010]
Storm drain inlets identified above shall comply with the following
standard to control passage of solid and floatable materials through
storm drain inlets. For purposes of this section, "solid and floatable
materials" means sediment, debris, trash, and other floating, suspended,
or settleable solids. For exemptions to this standard, see below.
A.
Grates.
(1)
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines (April
1996); or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension.
(2)
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
B.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than 7.0 square inches, or be no greater than 2.0 inches across the
smallest dimension.
C.
This standard does not apply:
(1)
Where the municipal engineer agrees that this standard would
cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets that
meet these standards;
(2)
Where flows are conveyed through any device (e.g., end-of-pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(3)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars; or
(4)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register-listed historic property.
[Added 4-10-2024 by Ord. No. 7-4-2024]
A.
Purpose. The purpose of this section is to prevent stored salt and
other solid de-icing materials from being exposed to stormwater. This
section establishes requirements for the storage of salt and other
solid de-icing materials on properties not owned or operated by the
municipality (privately owned), including residences, in Township
of Evesham to protect the environment, public health, safety and welfare,
and to prescribe penalties for failure to comply.
B.
Definitions.
(1)
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.
(2)
DE-ICING MATERIALS
IMPERVIOUS SURFACE
PERMANENT STRUCTURE
(a)
[1]
[2]
[3]
[4]
[5]
PERSON
RESIDENT
STORM DRAIN INLET
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning:
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the access way from wind-driven rainfall).
A fabric frame structure is a permanent structure if it meets
the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run-through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll-up door or other means of sealing
the access way from wind-driven rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A person who resides on a residential property where de-icing
material is stored.
The point of entry into the storm sewer system.
C.
De-icing material storage requirements.
(1)
Temporary outdoor storage of de-icing materials in accordance
with the requirements below is allowed between October 15 and April
15:
(a)
Loose materials shall be placed on a flat, impervious surface
in a manner that prevents stormwater run-through;
(b)
Loose materials shall be placed at least 50 feet from surface
water bodies, storm drain inlets, ditches and/or other stormwater
conveyance channels;
(c)
Loose materials shall be maintained in a cone-shaped storage
pile. If loading or unloading activities alter the cone-shape during
daily activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
(d)
Loose materials shall be covered as follows:
[1]
The cover shall be waterproof, impermeable, and flexible;
[2]
The cover shall extend to the base of the pile(s);
[3]
The cover shall be free from holes or tears;
[4]
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
[5]
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
[a]
Sandbags lashed together with rope or cable and
placed uniformly over the flexible cover, or poly-cord nets provide
a suitable method. Items that can potentially hold water (e.g., old
tires) shall not be used;
(e)
Containers must be sealed when not in use; and
(f)
The site shall be free of all de-icing materials between April
16 and October 14.
(2)
De-icing materials should be stored in a permanent structure
if a suitable storage structure is available. For storage of loose
de-icing materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 - April 15.
(3)
Permanent structures used for salt storage are required to comply
with all local ordinances including building and zoning regulations.
(4)
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this section are met. Inspection records shall be kept on site
and made available to the municipality upon request.
(a)
Residents who operate businesses from their homes that utilize
de-icing materials are required to perform weekly inspections.
D.
Exemptions.
(1)
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
(2)
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in Subsection C above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
(3)
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
These regulations require compliance with the Township's Clean Community Code, Chapter 97.
These regulations require compliance with the Township's Pet Waste Ordinance, § 67-5D.
A.
Purpose. The purpose of this section is to prohibit
the feeding of unconfined wildlife in any public park or on any other
property owned or operated by Evesham Township, so as to protect public
health, safety and welfare, and to prescribe penalties for failure
to comply.
B.
Definitions.
(1)
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.
(2)
FEED
PERSON
WILDLIFE
For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning:
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. "Feeding" does not include baiting in the legal taking of
fish and/or game.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
All animals that are neither human nor domesticated.
C.
Prohibited conduct. No person shall feed, in any public
park or on any other property owned or operated by Evesham Township,
any wildlife, excluding confined wildlife (for example, wildlife confined
in zoos, parks or rehabilitation centers, or unconfined wildlife at
environmental education centers).
A.
Purpose. The purpose of this section is to establish
a yard waste collection and disposal program in Evesham Township,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
B.
Definitions.
(1)
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.
(2)
CONTAINERIZED
PERSON
STREET
YARD WASTE
For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning:
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Leaves and grass clippings.
C.
Prohibited conduct. The owner or occupant of any property,
or any employee or contractor of such owner or occupant engaged to
provide lawn care or landscaping services, shall not sweep, rake,
blow or otherwise place yard waste, unless the yard waste is containerized,
in the street. If yard waste that is not containerized is placed in
the street, the party responsible for placement of the yard waste
must remove the yard waste from the street or said party shall be
deemed in violation of this chapter.
D.
Yard waste collection. Sweeping, raking, blowing or
otherwise placing yard waste that is not containerized at the curb
or along the street is only allowed during the seven days prior to
a scheduled and announced collection, and shall not be placed closer
than 10 feet from any storm drain inlet. Placement of such yard waste
at the curb or along the street at any other time or in any other
manner is a violation of this chapter. If such placement of yard waste
occurs, the party responsible for placement of the yard waste must
remove the yard waste from the street or said party shall be deemed
in violation of this chapter.
E.
Additional compliance. These regulations require compliance
with the Township's Clean Community Code, Sweeping litter into gutters
prohibited.
The enforcement and penalties applicable to
all provisions of this chapter are as follows:
A.
Enforcement. This chapter shall be enforced by the
Police Department of Evesham Township.
B.
Penalties. Any person(s) who is found to be in violation
of the provisions of this chapter shall be subject to a fine of not
less than $50 nor more than $1,000 per violation.
[Amended 9-21-2010 by Ord. No. 21-9-2010]
