Township of Piscataway, NJ
Middlesex County
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[1972 Code § 14B-1]
As used in this chapter:
PERSON
Shall mean and include any individual, corporation, company, association, society, firm, partnership and joint-stock company.
POLLUTANT
Shall mean any introduced gas, liquid or solid or any matter which is not an integral natural constituent of the waterway in question, which matter may cause or threaten degradation of water quality resulting in damage to the aquatic community of wildlife in and adjacent to the affected water body or potability or threaten injury to any of the inhabitants of this municipality, either in their health, comfort or property.
POLLUTION
Shall mean the introduction or presence of a pollutant in or about the Township waterways.
WATERWAY
Shall mean and include lakes, streams, brooks, channels, rivers and all other natural watercourses and their adjoining shorelines.
[1972 Code § 14B-2]
No person shall put, place, drain, or store, or permit or allow the putting, placing, drainage or storage of any substance in such a manner as to cause the pollution of any waterway in this Township. Any owner of lands appurtenant to a waterway upon which such pollution shall have occurred shall be deemed to have committed a violation of this chapter, upon a finding that such waterway has been polluted and that the pollution emanated from lands of said owner. Such violation will be deemed to have occurred without regard to the participation of such owner in the creation of the pollution, except that where the owner shall prove by clear and convincing evidence that the pollution occurred as a result of the vandalism of others or as the result of the negligence of a third party, the owner shall not be deemed to have committed a violation of this chapter.
[1972 Code § 14B-3]
No person shall alter, divert or change the level, shape or flow of any waterway in the Township so as to interfere with the passage of waters at the site upstream or downstream without the receipt of appropriate local, County or State and Federal permits.
[1972 Code § 14B-4]
No person shall construct or cause to be constructed any structure in, on or over any waterway within the Township without the receipt of appropriate local, County, State and Federal permits.
[1972 Code § 14B-5]
Any person responsible for the violation of any of the above sections shall immediately undertake to restore the waterways and affected properties. If the person responsible fails to or refuses to take corrective action to the Township's satisfaction, the Township may undertake the restoration of waters and may retain agents and contractors for such purpose who shall operate under the direction of the Township. All costs accrued in correction of violations may be placed as a lien on the property in violation or may be recovered in a civil suit.
[1972 Code § 14B-6]
Township jurisdiction will reside with the Business Administrator and/or those designated by the Administrator with such authority.
[1972 Code § 14B-7; New]
In addition to full restoration costs, any person violating any section of this chapter shall, upon conviction in the Municipal Court, be liable to the penalty stated in Chapter 1, Section 1-5. Each and every day the violation continues shall be considered a separate and distinct offense.
[1972 Code § 14B-8]
This chapter does not apply to any local, State or Federal employees or their agents in the performance of their authorized duties.