The purpose of this article is to prohibit the
spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system (MS4) operated by the
Township of Union, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
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.
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 Township of Union or other public body, and is designed and used
for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
The spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by the Township of Union 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.
Exceptions to prohibition include:
A. Water line flushing
and discharges from potable water sources.
B. Uncontaminated
groundwater (e.g., infiltration, crawl space or basement sump pumps,
foundation or footing drains, rising groundwaters).
C. Air-conditioning
condensate (excluding contact and noncontact cooling water).
D. Irrigation water
(including landscape and lawn watering runoff).
E. Flows from springs,
riparian habitats and wetlands, water reservoir discharges and diverted
stream flows.
F. Residential car
washing water and residential swimming pool discharges.
G. Sidewalk, driveway
and street wash water.
H. Flows from fire-fighting
activities including the washing of fire-fighting vehicles.
I. Vehicle and equipment
wash water from municipal operations pursuant to Part I, Section F.8.e
of the Borough's Tier A Municipal Stormwater General Permit.
J. Flows from rinsing
equipment with clean water 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.
For the purpose of this article, the Health
Officer and Department of Public Works Code Enforcement Division Officers,
Division of Solid Waste and Recycling, as well as the Construction
Code Official, shall be designated as the enforcing officers. The
enforcing officers shall be authorized by the Township Committee to
designate as many subcode officials as are deemed reasonable and necessary
to carry out the purpose of this article. The enforcing officer or
his designee is authorized to perform as a law enforcement officer
solely with respect to the enforcement of the provisions of this article
by being empowered to issue summonses for any violations of this article,
in accordance with rules governing the courts of the State of New
Jersey. Members of the Union Township Police Department are also authorized
to enforce this article when a littering violation occurs in plain
view of an officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person violating any of the provisions of
this article shall, upon conviction thereof, be subject to one or
more of the following: imprisonment in the county jail or in any other
place provided by the municipality for the detention of prisoners
for any term not exceeding 90 days or by a fine not exceeding $2,000
or by a period of community service not exceeding 90 days, to become
effective on the effective date of this section.