The purpose of this article is to prohibit the spilling, dumping,
or disposal of materials other than stormwater to the municipal separate
storm sewer system (MS4) operated by the Borough of Hopatcong, so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purpose of this article, the following terms, phases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of the 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 words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Borough of Hopatcong or other public body, and is designed
and used for collecting and conveying stormwater.
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.
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm system operated by the Borough of
Hopatcong 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.
Exceptions to the prohibition are as follows:
A.Â
Water line flushing and discharges from potable water sources.
B.Â
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters).
C.Â
Air conditioning condensate (excluding contact and noncontact cooling
water).
D.Â
Irrigation water (including landscape- and lawn-watering runoff).
E.Â
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
F.Â
Residential car washing water, and residential swimming pool discharges.
G.Â
Sidewalk, driveway and street wash water.
H.Â
Flows from fire-fighting activities.
I.Â
Flows from rinsing of the following equipment with clean water:
(1)Â
Beach maintenance equipment immediately following its use for its
intended purposes; and
(2)Â
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing materials applications. Prior
to rinsing with clean water, all residual salt and de-icing 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.
The provisions of this article shall be enforced by the Zoning
Officer, Police Department and/or other municipal officials of the
Borough of Hopatcong.
Any person violating any provision of this article shall, upon
conviction, be punishable by a fine not exceeding $1,250 or imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof. Each violation
of any of the provisions of this article and each day that such offense
shall continue shall be deemed to be a separate and distinct offense.