[HISTORY: Adopted by the Board of Commissioners of the Borough
of Avon-by-the-Sea 12-12-05 as Ord. No. 11-2005. Amendments noted where applicable.]
The purpose of this chapter 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 Avon-by-the-Sea,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply. And, also to prohibit illicit
connections to said system.
Waste and wastewater from humans or household operations.
Any physical or nonphysical 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 Avon-by-the-Sea, unless that discharge
is authorized under a NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical
connections may include, but are not limited to, leaks, flows, or
overflows into the municipal separate storm sewer system.
Nondomestic 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).
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 Avon-by-the-Sea or other public body, and is designed
and used for collecting and conveying stormwater.
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.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
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.
A.Â
Prohibited conduct. The spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by the Borough of Avon-by-the-Sea 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.
B.Â
Exceptions to prohibition.
(1)Â
Water line flushing and discharges from potable water sources.
(2)Â
Uncontaminated ground water (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground waters).
(3)Â
Air conditioning condensate (excluding contact and non-contact cooling
water).
(4)Â
Irrigation water (including landscape and lawn watering runoff).
(5)Â
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
(6)Â
Residential car washing water and residential swimming pool discharges.
(7)Â
Sidewalk, driveway and street wash water.
(8)Â
Flows from firefighting activities including the washing of firefighting
vehicles.
(9)Â
Vehicle and equipment washwater from municipal operations pursuant
to Part I, Section F.8.e of the Borough's Tier A Municipal Stormwater
General Permit.
(10)Â
Flows from rinsing of the following equipment with clean water:
(a)Â
Beach maintenance equipment immediately following their use
for their intended purposes; and
(b)Â
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material 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.
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 Avon-by-the-Sea any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
This chapter shall be enforced by the Police Department, Code
Enforcement, Department of Public Works Superintendent or Department
of Water/Sewer Superintendent of the Borough of Avon-by-the-Sea.