[HISTORY: Adopted by the Mayor and Council of the Borough
of Mount Arlington 12-13-2004 as Ord. No. 21-04. Amendments noted where applicable.]
For the purposes of this chapter, 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 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.
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 Mount Arlington, 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 Mount Arlington 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.
Purpose. The purpose of this section 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 Mount
Arlington so as to protect the public health, safety and welfare,
and to prescribe certain penalties for the failure to comply.
B.
Prohibited conduct. The spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by the Borough of Mount Arlington 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.
C.
Exceptions to prohibition. Exceptions from the prohibitions described
in Subsection B above include the following:
(1)
Water line flushing and discharges from potable water sources;
(2)
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground waters);
(3)
Air conditioning condensate (excluding contact and non-contact cooling
water);
(4)
Irrigation water (including landscape and lawn watering runoff);
(5)
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows;
(6)
Residential car washing water and residential swimming pool discharges;
(7)
Sidewalk, driveway and street wash water;
(8)
Flows from firefighting activities;
(9)
Flows from rinsing of the following equipment with clean water:
(a)
Beach maintenance equipment immediately following their use
for their intended purposes; and
(b)
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. Rinsing of equipment, as noted in the above situation,
is limited to exterior, undercarriage, and exposed parts and does
not apply to engines or other enclosed machinery.
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 Mount Arlington any domestic sewage, noncontact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
A.
Any person violating any part of this chapter shall be punishable
by a fine of not more than $2,000, imprisonment for not more than
90 days or a period of community service not to exceed 90 days, or
any combination thereof. However, where the penalty for such offense
may be limited by a state statute, then such limitation shall be applicable
notwithstanding the provisions of this chapter.
[Amended 5-8-2006 by Ord.
No. 14-06]
B.
Each and every violation of this chapter for each and every day that
any provision of this chapter shall be violated shall be construed
as a separate and distinct violation thereof.
C.
This chapter shall be enforced by the Borough Administrator or the
Health Officer, or any of their authorized representatives or any
Mount Arlington Police Officer.
