An ordinance to prohibit illicit connections and the spilling,
dumping or disposal of materials other than stormwater to the municipal
separate storm sewer system(s)(MS4) operated by the Borough of Waldwick,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purpose of this ordinance, 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 not inconsistent with the context, words
used in the present tense include the future, words used in 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 Discharge Elimination System (NJPDES) rules at N.J.A.C.
7:14A-1.2.
ILLICIT CONNECTION
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 Waldwick, 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
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 SYSTEM (MS4)
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 Waldwick or other public body, and is 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.
NON-CONTACT 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. Non-contact
cooling water may however contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Any individual corporation, company, partnership, firm, association,
or political subdivision of this State subject to municipal jurisdiction.
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, by-product
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
STORM DRAIN INLET
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 5-11-2021 by Ord. No. 2021-18]
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off of 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Waldwick or other public body, and is designed and
used for collecting and conveying stormwater.
WATERS OF THE STATE
Means the ocean and its estuaries, all springs, streams and
bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Added 5-11-2021 by Ord. No. 2021-18]
[Amended 11-24-09 by Ord. No. 23-09; 5-11-2021 by Ord. No. 2021-18]
No person shall discharge, spill, dump, dispose of materials
other than stormwater to the municipal separate storm sewer system
operated by the Borough of Waldwick. 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.
Additionally no person shall discharge or cause to be discharged
through an illicit connection to the municipal separate storm sewer
operated by the Borough of Waldwick any domestic sewage, non–contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
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), reconstruction or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
1. Already meets the design standard below to control passage of solid
and floatable materials; or
2. Is retrofitted or replaced to meet the standard in §
81-5 prior to the completion of the project.
[Added 5-11-2021 by Ord. No. 2021-18]
Storm drain inlets identified in §
81-3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, “solid and floatable materials” means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see §
81-5c below.
a. 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:
1. 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
2. A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inches across the smallest dimension.
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 seven
(7.0) square inches, or be no greater than two (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:
(a) A rectangular space four and five-eighths inches long and 1 1/2
inches wide (this option does not apply for outfall netting facilities);
or
(b) A bar screen having a bar spacing of 0.5 inches.
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.
The Police Department and/or Municipal Officials of the Borough
of Waldwick shall enforce this ordinance.
Each section, subsection, sentence, clause and phrase of this
ordinance is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this ordinance to be unconstitutional, void, or ineffective for
any cause, or reason, shall not affect any other portion of this ordinance.