City of Asbury Park, NJ
Monmouth County
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Table of Contents
Table of Contents
(See also Chapter XVIII, Sewers)
[Ord. No. 2806]
a. 
As a result of the U.S. Environmental Protection Agency's (USEPA) Phase II rules published in December 1999, the New Jersey Department of Environmental Protection (the "Department") has developed the Municipal Stormwater Regulation Program. This Program addresses pollutants entering our waters from certain storm drainage systems owned or operated by local, County, State, intestate or Federal government agencies. USEPA regulations refer to these systems as "municipal separate storm sewer systems" (MS4s).
b. 
Following the USEPA's new Phase II rules, the Department's Municipal Stormwater Regulation Program has issued New Jersey Pollutant Discharge Elimination System (NJPDES) permits to municipalities. Asbury Park NJPDES Permit #NJG0153591 and any/all subsequent permits that require compliance with the requirements of the USEPA's new Phase II rules which have been adopted by the New Jersey Department of Environmental Protection (NJDEP) on January 5, 2004, and which appeared in the February 2, 2004 edition of the New Jersey Register at 36 N.J.R. 813(a).
[Ord. No. 2806]
Illicit connections of non-stormwater discharges have been shown to contribute substantial levels of contaminants to surface water bodies. These illicit connections may originate from sources such as improperly connected sanitary sewage lines, industrial flows and from leaking or overflowing sanitary sewer lines and pumping stations.
This section shall prohibit illicit connections to the municipal separate storm sewer system(s) operated by the City of Asbury Park, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2806]
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. As used in this section:
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 City of Asbury Park, 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 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 City of Asbury Park, and is designed and used for collecting 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.
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. 2806]
a. 
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the City of Asbury Park any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
b. 
An illicit connections found and subject to this section must be eliminated within six (6) months of discovery by the responsible party.
[Ord. No. 2806]
This section shall be enforced by the City of Asbury Park Public Works Department or any other department as designated by the City Manager or City Council.
[Ord. No. 2806; New]
Any person who violates any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 2016-39]
Regulations requiring the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the City of Asbury Park so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2016-39]
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 City of Asbury Park 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.
STORM DRAIN INLET
shall mean 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.
WATERS OF THE STATE
shall mean 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.
[Ord. No. 2016-39]
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), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in § 20-2.4 below prior to the completion of the project.
[Ord. No. 2016-39]
Storm drain inlets identified in Prohibited Conduct above shall comply with the following standard to control passage of solids and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection c 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 (7.0) 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 one and one-half inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inch.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one-inch (1") 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.
[Ord. No. 2016-39]
This section shall be enforced by the following Departments within the City of Asbury Park: Police, Fire, Public Works, and Code Enforcement.
[Ord. No. 2016-39]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalties provided by Chapter I, Section 1-5 for each storm drain inlet that is not retrofitted to meet the design standard.
[Added 6-12-2019 by Ord. No. 2019-23]
It is hereby determined and declared to be the public policy of the City of Asbury Park to address a significant global problem relating to the production and use of single-use plastic carryout bags and the adverse effects emanating directly therefrom. Specifically, the intent of this section is to reduce the use of single-use plastic carryout bags, and to promote the use of reusable carryout bags in order to reduce litter, to reduce harm to humans, wildlife and the environment, to protect our parks and coastal waterways, and to protect the health, safety and welfare of the general public.
As used in this section:
CARRYOUT BAG
A bag that is: (1) provided by a covered store to a customer at the point of sale to carry food items, goods or other products purchased from such store; or (2) provided by a street vendor to a customer at the point of sale to carry food items or goods/products purchased from such street vendor. Such term shall not include reusable carryout bags or exempt bags.
CITY
The City of Asbury Park, in Monmouth County, New Jersey.
CITY MANAGER
The City Manager of the City of Asbury Park, or his/her designee(s), authorized to carry out the provisions of this section.
COVERED STORE
(i) A food service establishment, and (ii) a retail, wholesale or service establishment engaged in either the sale of personal, consumer or household items, or the provision of services, including but not limited to drug stores, pharmacies, grocery stores, supermarkets, convenience food stores, food marts, hardware stores, liquor stores, clothing stores, jewelry stores, or other retail establishments of any kind, or service establishments of any kind, including but not limited to beauty salons, etc., that provide carryout bags to consumers in which to place items purchased or obtained at such establishment.
EXEMPT BAG
Any of the following:
a. 
Bags without handles to carry produce, meats, dry goods, or other non-prepackaged food items to the point of sale within a covered store to prevent such food items from coming into direct contact with, and/or intended to stop cross-contamination with, other purchased items;
b. 
Bags provided by a pharmacy to carry prescription drugs;
c. 
Laundry or dry-cleaning bags;
d. 
Newspaper bags;
e. 
Bags used to contain or wrap ice, frozen foods, meat, fish, or other items, whether prepackaged or not, to prevent or contain moisture;
f. 
Bags associated with any purchase related to an individual receiving public assistance, such as the New Jersey State Supplemental Nutritional Assistance Program, the EBT Program, or the New Jersey State Special Supplemental Nutrition Program for women, infants and children (as full or partial payment, fixed income or disability);
g. 
Small clear plastic bags of less than four inches in depth that are commonly provided to customers by hardware stores to hold screws and bolts and other small items; or
h. 
Any other bag to be exempted from the provisions of this section as determined by the City Manager or his/her designee.
FOOD SERVICE ESTABLISHMENT
Any establishment located in the City which serves made-to-order food and/or beverages for dine in, take out or delivery, but not including food trucks and mobile food carts.
OPERATOR
A person in control of, or having responsibility for, the daily operation of a covered store, which may include, but need not be limited to, the owner of the covered store.
REUSABLE CARRYOUT BAG
A bag with handles that is specifically designed and manufactured for multiple reuse and is either:
a. 
Made of cloth or other machine washable fabric;
b. 
Made of polyester, polypropylene, cotton or other durable material or plastic that is at least 2.25 mils in thickness; or
c. 
Defined as a reusable bag by the City Manager or his/her designee.
SINGLE-USE PAPER CARRYOUT BAG
A single-use carryout bag that is made of paper.
SINGLE-USE PLASTIC CARRYOUT BAG
Any carryout bag that is made of plastic and that is not: (1) a single-use paper carryout bag; (2) a reusable carryout bag; or (3) an exempt bag.
STREET VENDOR
For purposes of this section, any person or business peddling, vending, selling, or displaying for sale any merchandise or food that is presented from a mobile or transient setting, including but not limited to a vehicle, truck, food truck, or cart, or from a moveable tent, table, or stand, or otherwise. This term shall include but not be limited to all peddlers, transient merchants and/or other vendors who are licensed under Chapter IV of the City Code, as well as all vendors at farmers markets, street festivals, and other events requiring group or special event permits (per § 4-10 of the City Code), and street performers who have obtained a permit under § 4-15 of the City Code.
Effective January 1, 2020, no operator of any covered store or street vendor within the City shall provide any single-use plastic carryout bag to any customer for the purpose of enabling a customer to transport food items, goods or other products out of the covered store or from the point of purchase, except in accordance with the provisions of this section. Nothing in this section shall be read to preclude operators of covered stores or street vendors from providing single-use paper carryout bags to customers for a fee in accordance with Subsection 20-3.4 of this section or from making reusable carryout bags available for sale to customers. No operator or street vendor shall preclude customers from using their own reusable carryout bags.
a. 
Effective January 1, 2020, an operator of a covered store or a street vendor may provide a customer with a single-use paper carryout bag or reusable carryout bag, provided that the operator or street vendor shall impose and collect a minimum fee of $0.10 for each single-use paper carryout bag or reusable carryout bag provided to the customer. There shall be a maximum fee of $0.25 charged by any operator or street vendor for each single-use paper carryout bag provided to a customer, but there shall be no maximum fee imposed on an operator or street vendor for each reusable carryout bag provided to a customer. No covered store or street vendor shall be required to charge such fee for an exempt bag. All monies collected under this section shall be retained by the covered store or street vendor. The City recommends that such funds be utilized by covered stores and street vendors to purchase additional single-use paper carryout bags and reusable carryout bags for use by customers and/or to provide outreach and education efforts aimed at educating residents and consumers about reducing the use of single-use plastic carryout bags and increasing the use of reusable carryout bags.
b. 
Each operator shall indicate on the sales or other receipt given to the customer the total number of single-use paper carryout bags provided to the customer, and the total fee charged to the customer pursuant to Subsection a above. This provision shall not apply to street vendors.
c. 
No covered store or street vendor shall charge a carryout bag fee for bags of any kind provided by the customer in lieu of a carryout bag provided by any such covered store or street vendor.
d. 
No covered store or street vendor shall charge or prevent a person from using a bag of any kind that they have brought to any such covered store or street vendor for purposes of carrying food items, goods or other products from such store or street vendor.
a. 
The City Manager or his/her designee shall establish an outreach and education program aimed at educating residents, covered stores and street vendors on reducing the use of single-use plastic carryout bags and increasing the use of reusable carryout bags.
b. 
To the extent practicable, the City Manager or his/her designee shall seek the assistance of private entities and local not-for-profit organizations to provide and distribute reusable carryout bags to residents, and to covered stores and street vendors.
a. 
Any notice of violation issued pursuant to this section shall be returnable in the City's municipal court, which shall have the power to impose penalties as provided herein.
b. 
The City Manager shall designate appropriate departments and/or staff to enforce this Section, including but not limited to the Police Department, Public Works Department, and/or Code Enforcement Department.
Any person who is convicted of a violation of this section shall, upon conviction, be liable to the following penalties: for the first offense, there shall be a fine of $250; for the second offense, there shall be a fine of $500; and for the third and each subsequent offense, there shall be a fine of $1,000.
[Ord. No. 2018-43]
It is hereby found and declared that it will be the public policy of City of Asbury Park to take action to protect and promote the public health through the control of the growth of invasive plant species.
[Ord. No. 2018-43]
As used in this section:
INVASIVE PLANTS
shall mean all native and non-native vines and vegetation that grow out of place and are competitive, persistent, and pernicious. These plants may damage trees, vegetation, or structures. Examples include but are not limited to bamboo (clumping, spreading or running type), ragweed, multi flora rose, kudzu-vine and poison ivy or oak.
[Ord. No. 2018-43]
All persons must control the growth of invasive plants. Failure to control the spread of such vegetation beyond the boundaries of a resident's property is a violation of this section.
All new in-ground plantings of invasive plants are strictly prohibited. All existing plantings must be contained by appropriate physical barriers to prevent the growth or spread of existing invasive species beyond the boundaries of a resident's property
[Ord. No. 2018-43]
All places and premises in the City of Asbury Park shall be subject to inspection by the enforcing officer. Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the City of Asbury Park. Such inspection shall be made if that official has reason to believe that any subsection of this section is being violated. The City Manager shall appoint staff to carry out inspections to comply with this Section.
[Ord. No. 2018-43]
A penalty or penalties for the conviction of a violation under this Section shall be governed by Chapter I, Section 1-5, General Penalty, of the City Code.