The purpose of this chapter is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater. This chapter
establishes requirements for the storage of salt and other solid de-icing
materials on privately owned properties not owned or operated by the
Borough of Red Bank to protect the environment, public health, safety
and welfare, and to prescribe penalties for failure to comply.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter 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.
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.
Temporary outdoor storage of de-icing materials in accordance
with the requirements below is allowed between October 15 and April
15:
A. Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
B. Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, and/or ditches or other stormwater conveyance
channels;
C. Loose materials shall be formed in a cone-shaped storage pile. If
loading or unloading activities alter the cone shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
D. Loose materials shall be covered as follows:
(1) The cover shall be waterproof, impermeable, and flexible;
(2) The cover shall extend to the base of the pile(s);
(3) The cover shall be free from holes or tears;
(4) The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(5) Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile. Sandbags lashed together with rope or cable
and placed uniformly over the flexible cover, or poly-cord nets, provide
a suitable method. Items that can potentially hold water (e.g., old
tires) shall not be used;
E. Containers must be sealed when not in use; and
F. The site shall be free of all de-icing materials between April 16
and October 14.
G. De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted from October 15 to April 15.
H. The property owner, or owner of the de-icing materials if different,
shall designate a person(s) 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 chapter are met. Inspection records shall be kept on-site
and made available to the municipality upon request.
I. Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
This chapter shall be enforced by the Code Enforcement Officer.
Any person(s) who is found to be in violation of the provisions
of this chapter shall have 72 hours to complete corrective action.
Upon conviction for a violation of the provisions of this chapter,
the violator(s) shall be subject to a fine not to exceed $500 for
a first offense; $1,000 for a second offense; and $2,000 for a third
or subsequent offense.