This is an article prohibiting the spilling, dumping or disposal
of materials other than stormwater into the municipal storm sewer
system operated by the Township of Montclair in order to protect public
health, safety and welfare and prescribing 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:
MUNICIPAL STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels and storm drains) owned or operated by
the Township of Montclair and designed and used for collecting and
conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association or political subdivision of the State of New Jersey subject
to municipal jurisdiction.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface and is transmitted to the subsurface,
captured by separate storm sewers or other sewerage or drainage facilities
or conveyed by snow-removal equipment.
The spilling, dumping or disposal of materials other than stormwater
into the storm sewer system operated by the Township of Montclair
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 sewer system is also prohibited.
The following activities are excluded from the prohibited conduct set forth in §
270-13 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 and 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 with clean water of equipment used in the application
of salt and deicing materials immediately following salt and deicing
material application. 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. 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 Department of Administration,
Code Enforcement and Environmental Affairs and/or other municipal
officials of the Township of Montclair.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $2,000,
imprisonment in the county/municipal jail for a term not exceeding
90 days, or a period of community service not exceeding 90 days, or
any combination thereof as determined by the Municipal Court Judge.
Each day on which a violation of an ordinance exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine.