[HISTORY: Adopted by the Mayor and Council of the Borough
of Andover 12-11-2023 by Ord. No. 2023-29. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Waste and wastewater from humans or household operations.
Any physical or nonphysical connection that discharges domestic
sewage, noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Andover Borough, 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 Andover or other public body, and is designed and
used for collecting and conveying stormwater. 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.
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. Noncontact
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, organization or a 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 noncontact cooling water.
Sediment, debris, trash, and other floating, suspended, or
settleable solids.
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 Andover Borough
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. Excepted
from the prohibitions of this section are:
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 ground waters).
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 firefighting activities.
I.
Flows from rinsing of the following equipment with clean water:
(1)
Beach maintenance equipment immediately following their use for their
intended purposes; and
(2)
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.
(3)
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 Andover Borough any domestic sewage, noncontact cooling
water, process wastewater, or other industrial waste (other than stormwater).
A.
Prohibited conduct. 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:
B.
Design standards. Storm drain inlets subject to Subsection A of this section shall comply with the following standards to control passage of solid and floatable materials through storm drain inlets:
(1)
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:
(a)
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
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches or is no greater than
0.5 inch across the smallest dimension.
(c)
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.
(2)
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 square inches or be no greater than two inches across the
smallest dimension.
(3)
The design standards set forth in § 118-4B do not apply where:
(a)
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;
(b)
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:
(c)
Flows are conveyed through a trash rack that has parallel bars
with one inch spacing between the bars; or
(d)
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.
This chapter shall be enforced by the Andover Borough Code Enforcement
Officer.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties provided for in Chapter 1, General Provisions, § 1-15. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
