[HISTORY: Adopted by the Mayor and Council of the Borough
of Chatham 5-13-2024 by Ord. No. 24-04. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been 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 rainfall). A fabric frame
structure is a permanent structure if it meets 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 rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A person who resides on a residential property where de-icing
material is stored.
The point of entry into the storm sewer system.
A.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15 and April 15:
(1)
Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
(2)
Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
(3)
Loose materials shall be maintained 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;
(4)
Loose materials shall be 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 or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
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.
[1]
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;
(5)
Containers must be sealed when not in use; and
(6)
The site shall be free of all de-icing materials between April 16
and October 14.
B.
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 to October 15 to April 15.
C.
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.
(1)
Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
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 § 214-2 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
C.
This chapter does not apply to facilities where the stormwater discharges
from de-icing material storage activities are regulated under another
NJPDES permit.
This chapter may be enforced by the Police Department, Zoning
Officer, Construction Code Official or other official designated by
the Borough Administrator during the course of ordinary enforcement
duties.
Any person(s) who is found to be in violation of the provisions of this chapter shall have 72 hours from the date notice is provided by the Borough that a violation is present to complete any required corrective action to abate the violation. The failure to complete such corrective action within the mandated time frame shall subject the offender to the penalties established in § 1-14 of the Code of the Borough of Chatham. Any person who is convicted of violating any provision of this chapter within one year of the date of a previous violation and who was fined for the previous violation shall be sentenced by the Court to an additional fine as a repeat offender.
