The purpose of this Article is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Lawnside, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Adopted 10-5-2006 by Ord. No. 05-FY2006]
For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Article 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.
A.
DOMESTIC SEWAGE — Waste and wastewater from humans or household operations.
B.
ILLICIT CONNECTION — 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 Lawnside, 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.
C.
INDUSTRIAL WASTE — Nondomestic waste, including but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 S.C. Subsection 1317(a), (b), or (c)).
D.
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 Lawnside or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, add the following: "MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources."
E.
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.
F.
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.
G.
PERSON — Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
H.
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.
I.
STORMWATER — 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.
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 Lawnside any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
This Article shall be enforced by the Police and the Code Enforcement Department of the Borough of Lawnside.
A.
Any person(s) who continues to be in violation of the provisions of this Article, after being duly notified, shall be subject to a fine of $250 for the first offense or by imprisonment for a term not exceeding 90 days, or both.
B.
Any person who is convicted for a second offense pursuant to this Article shall be fined $500 or imprisoned for a term of not less than 90 days, nor more than 120 days, or both.
C.
Any person who is convicted for a third or more offenses pursuant to this Article shall be fined $1,000 or imprisoned for a term of not less than 120 days, nor more than 240 days, or both.