[Added 11-1-2023 by Ord. No. 2023-11]
[Added 11-1-2023 by Ord. No. 2023-11]
a. The purpose of this section is to prevent stored salt and other solid
de-icing materials from being exposed to stormwater.
b. This section establishes requirements for the storage of salt and
other solid de-icing materials on properties not owned or operated
by the municipality (privately owned), including residences, in Borough
of Beachwood to protect the environment, public health, safety and
welfare, and to prescribe penalties for failure to comply.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section 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.
DE-ICING MATERIALS
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
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 accessway from wind-driven rainfall). A fabric-frame structure
is a permanent structure if it meets the following specifications:
a.
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;
b.
The design shall prevent stormwater run-on and run-through,
and the fabric cannot leak;
c.
The structure shall be erected on an impermeable slab;
d.
The structure cannot be open sided; and
e.
The structure shall have a roll up door or other means of sealing
the accessway from wind-driven rainfall.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
RESIDENT
A person who resides on a residential property where de-icing
material is stored.
[Added 11-1-2023 by Ord. No. 2023-11]
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 within two weeks.
b. If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in subsection
17-35.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
c. This section does not apply to facilities where the stormwater discharges
from de-icing material storage activities are regulated under another
NJPDES permit.
[Added 11-1-2023 by Ord. No. 2023-11]
This section shall be enforced by the Code Enforcement Officer
during the course of ordinary enforcement duties.
[Added 11-1-2023 by Ord. No. 2023-11]
Any person(s) who is found to be in violation of the provisions
of this section shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
result in further action as deemed appropriate by the Borough of Beachwood
Officials.
[Added 11-1-2023 by Ord. No. 2023-11]
Each section, subsection, sentence, clause, and phrase of this
section is declared to be an independent section, subsection, sentence,
clause, and phrase, and finding or holding of any such portion of
this section to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this section.
[Added 11-1-2023 by Ord. No. 2023-11]
This section shall be in full force and effect from and after
its adoption and any publication as may be required by law.