The purpose of this article is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This article establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by a public entity (privately owned), including residences, within West Windsor Township so as to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.
[Added 2-12-2024 by Ord. No. 2024-02]
As used in 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 consistent 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.
Any granular or solid material such as salt or any other granular solid that assists in the melting of snow. May be in combination with sand or other insoluble material used to improve traction. "Loose" materials are those not contained within a sealed bag or container.
The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
A surface that has been sufficiently compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled. New structures require a door or other means of sealing the access way from wind-driven precipitation. A fabric-frame structure is a permanent structure if it meets all of the following specifications:
Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run-through, and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll-up door or other means of sealing the accessway from wind-driven precipitation.
Any individual, corporation, company, partnership, firm, association, or political subdivision of the State of New Jersey subject to municipal jurisdiction.
A person who resides on a property where de-icing material is stored.
The point of entry into the stormwater collection system, whether inlet, catch basin, manhole or other device.
Infrastructure related to conveyance, collection or control of stormwater, including, but not limited to, catch basins, infiltration basins, detention basins, green infrastructure, filter strips, porous pavement, riparian buffers, infiltration trenches, sand filters, constructed wetlands, wet basins, bioretention systems, low-flow bypasses, swales, ditches and other stormwater conveyances.
A.
Temporary outdoor storage of de-icing materials is allowed between October 15 and April 15 of each calendar year, subject to the following requirements:
(1)
De-icing material shall be placed on a flat, impervious surface in a manner that prevents saturation of the material by precipitation and the creation of stormwater runoff;
(2)
De-icing materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, stormwater facilities, environmentally constrained areas, ditches and/or other stormwater conveyance channels;
(3)
Loose de-icing materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, spilled and tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone prior to ending each day's activities;
(4)
Loose de-icing materials shall be entirely covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes, tears and other unsealed openings;
(d)
The cover shall be secured and weighted down around its perimeter to prevent displacement by wind;
(e)
The cover shall be placed in a manner to minimize puddling of precipitation on top of same; and
(f)
Weight shall be placed on the cover in a manner that minimizes the potential of exposure as stored materials shift, precipitation accumulates on top of the cover and runoff flows down to the base of the pile.
(5)
Containers must be sealed when not in use; and
(6)
The site shall be free of outdoor storage of all de-icing materials between April 16 and October 14 of each calendar year.
B.
Permanent structure. De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of de-icing materials in a permanent structure, such storage may be permanent, and thus not limited to October 15 through April 15.
C.
Regulatory approvals. Both permanent and temporary structures must comply with all bulk, use and area requirements of the zoning district in which the structure is located, and shall secure a zoning permit prior to construction, erection or use. Permanent and temporary structures must comply with all applicable provisions of the NJ Uniform Construction Code and, where required, a valid construction permit is required to be obtained from the Township Division of Code Enforcement prior to the start of construction.
D.
Inspections and recordkeeping. The property owner shall designate a person or persons responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this article are met. This may be the owner of the de-icing materials, if different from the property owner. Inspection records shall be maintained and kept on-site and made available to West Windsor Township upon request.
A.
Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur as soon as practicable and no later than two weeks.
B.
If containerized de-icing materials (e.g., in bags or buckets) are also stored within a permanent structure, then they are not subject to the storage and inspection requirements in § 150-41 above. Piles of loose de-icing materials are not exempt, even if stored in a permanent structure.
C.
This article does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under a NJPDES permit.
This article shall be enforced by the police, Zoning Officer and/or their designee of the Township of West Windsor during the course of ordinary enforcement duties.
Any person(s) who is found to be in violation of the provisions of this article shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in penalties to be imposed on violators as provided in Chapter 1, General Provisions, Article II, Penalty, § 1-3, General penalty, of the Township Code.