The purpose of this chapter is to prevent storage of salt and
other solid de-icing materials from being exposed to stormwater.
This chapter establishes requirements for storage of salt and
other solid de-icing materials on property that is not owned or operated
by the Township of Barnegat, including residences, to protect the
environment, public health, safety, and welfare and to prescribe penalties
for violation of this chapter.
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 test of this chapter 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 access way from wind driven rainfall).
A.
A fabric frame structure is a permanent structure if it meets
the following specifications:
(1)
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;
(2)
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
(3)
The structure shall be erected on an impermeable slab;
(4)
The structure cannot be open sided; and
(5)
The structure shall have a roll up door or other means of sealing
the access way 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.
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.
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 Section
70I-3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure. This chapter does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another New Jersey Pollution Discharge Elimination System (NJPDES) permit.
This chapter shall be enforced by the Barnegat Township Police
Department, the Zoning and Code Enforcement Department, and/or their
designees.
Any person(s) who is found to be in violation of the provisions
of this chapter shall have 72 hours to complete corrective action.
Repeated violations and/or failure to complete the corrective action
shall result in fines for any person(s) who is found to be in violation
of the provisions of this chapter shall be subject to a fine not to
exceed $150 for each offense. Each day a violation occurs it will
be a separate and distinct violation.
Any violation of this article or of any regulation promulgated
thereunder shall be punishable by a fine not to exceed $150.