[Ord. No. 2006-03 § I]
This section is enacted 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 Allenhurst, so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
[Ord. No. 2006-03 § II]
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. 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
shall mean 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 Allenhurst or other public body, and
is designed and used for collecting and conveying stormwater.
PERSON
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
STORMWATER
shall mean 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.
[Ord. No. 2006-03 § III]
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Borough
of Allenhurst 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.
[Ord. No. 2006-03 § V]
This section shall be enforced by the Police Department and/or
other Municipal Officials of the Borough of Allenhurst.
[Ord. No. 2006-03 § VI;
New]
Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall be subject, upon conviction, to the penalty stated in Chapter I, Section
1-5.
[Ord. No. 2006-04 § I]
This section is enacted to prohibit illicit connections to the
municipal separate storm sewer system(s) operated by the Borough of
Allenhurst, so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
[Ord. No. 2006-04 § II]
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. 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.
DOMESTIC SEWAGE
shall mean waste and wastewater from humans or household
operations.
ILLICIT CONNECTION
shall mean any physical or non-physical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Borough of Allenhurst, unless that
discharge is authorized under a NJPDES permit other than the Tier
A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852).
Non-physical connections may include, but are not limited to, leaks,
flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
shall mean non-domestic 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)
shall mean a conveyance or system of conveyance (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 Allenhurst or other public body, and
is designed and used for collection and conveying stormwater.
NJPDES PERMIT
shall mean 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.
NON-CONTACT COOLING WATER
shall mean 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.
Non-contact cooling water may however contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
PERSON
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
PROCESS WASTEWATER
shall mean 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 non-contact cooling water.
[Ord. No. 2006-04 § III]
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 Allenhurst any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
[Ord. No. 2006-04 § IV]
This section shall be enforced by the Police Department and/or
other Municipal Officials of the Borough of Allenhurst.
[Ord. No. 2006-04 § V;
New]
Any person(s) who is found to be in violation of the provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter I, Section
1-5.
[Added 10-17-2023 by Ord. No. 2023-20]
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 Allenhurst Borough to
protect the environment, public health, safety and welfare, and to
prescribe penalties for failure to comply.
[Added 10-17-2023 by Ord. No. 2023-20]
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 Chapter clearly demonstrates
a different meaning. When consistent 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.
DE-ICING MATERIALS
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
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:
a.
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;
b.
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
c.
The structure shall be erected on an impermeable slab;
d.
The structure cannot be open sided; and
e.
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
RESIDENT
A person who resides on a residential property where de-icing
material is stored.
[Added 10-17-2023 by Ord. No. 2023-20]
a. Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15th and April 15th:
1. Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
2. Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
3. 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;
4. Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
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.
(1)
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;
5. Containers must be sealed when not in use; and
6. The site shall be free of all de-icing materials between April 16th
and October 14th.
b. 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.
c. 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.
1. Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
[Added 10-17-2023 by Ord. No. 2023-20]
a. 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.
b. 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
12-3.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
c. This section does not apply to facilities where the stormwater discharges
from de-icing material storage activities are regulated under another
NJPDES permit.
[Added 10-17-2023 by Ord. No. 2023-20]
This section shall be enforced by the Police Department, Zoning/Code
Official, and/or other Municipal Officials of Allenhurst Borough during
the course of ordinary enforcement duties.
[Added 10-17-2023 by Ord. No. 2023-20]
Any person(s) who is found to be in violation of the provisions
of this section shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
be subject to a fine of up to $1,000. Each and every day that such
violation continues shall be considered a separate violation.