This is an article prohibiting illicit connections to 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. This article does not apply to any illicit connection which emanates from a location outside the Township of Montclair.
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:
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations.
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 storm sewer system operated by the Township of Montclair, unless the discharge is authorized under a New Jersey Pollutant Discharge Elimination System (NJPDES) permit other than the public complex stormwater general permit. Nonphysical connections may include, but are not limited to, leaks, flows or overflows into the municipal storm sewer system.
INDUSTRIAL WASTE
Nondomestic waste, including, but not limited to, those pollutants regulated under Sections 307 (a), (b) or (c) of the Federal Clean Water Act [33 U.S.C. § 1317(a), (b), or (c)].
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.
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.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of the State of New Jersey whose conduct on Township property is subject to regulation by the Township.
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, byproduct 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 and is transmitted to the subsurface, captured by separate storm sewers or other sewerage or drainage facilities or conveyed by snow-removal equipment.
No person shall discharge or cause to be discharged through an illicit connection to the municipal storm sewer system operated by the Township of Montclair any domestic sewage, noncontact cooling water, process wastewater or other industrial waste (other than stormwater).
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.