[HISTORY: Adopted by the Township Council of the Township of Pemberton as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2005 by Ord. No. 17-2005[1]]
[1]
Editor's Note: This ordinance was adopted as Chapter 187 but renumbered as Ch. 185 for codification purposes.
[Amended 5-5-2010 by Ord. No. 7-2010]
This is an article to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Township of Pemberton, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. This article also requires the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Township of Pemberton so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Pemberton or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
[Added 5-5-2010 by Ord. No. 7-2010]
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface- or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 5-5-2010 by Ord. No. 7-2010]
[Amended 5-5-2010 by Ord. No. 7-2010]
A. 
The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by Pemberton Township is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
(1) 
Exceptions.
(a) 
Waterline flushing and discharges from potable water sources.
(b) 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
(c) 
Air-conditioning condensate (excluding contact and noncontact cooling water).
(d) 
Irrigation water (including landscape and lawn-watering runoff).
(e) 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
(f) 
Residential car washing water, and residential swimming pool discharges.
(g) 
Sidewalk, driveway and street wash water.
(h) 
Flows from fire-fighting activities.
(i) 
Flows from rinsing of the following equipment with clean water:
[1] 
Beach maintenance equipment immediately following its use for its intended purpose;
[2] 
Equipment used in the application of salt and deicing materials immediately following salt and deicing material applications. Prior to rinsing with clean water, all residual salt and deicing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
[3] 
Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage and exposed parts and does not apply to engines or other enclosed machinery.
B. 
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
(1) 
Already meets the design standard in § 185-4 below to control passage of solid and floatable materials; or
(2) 
Is retrofitted or replaced to meet the standard in § 185-4 below prior to the completion of the project.
[Added 11-8-2023 by Ord. No. 38-2023]
A. 
Purpose. The purpose of this section is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This section establishes requirements, as defined by the NJDEP Tier A MS4 Permit, 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 the Township of Pemberton to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.
B. 
Definitions. 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
Means any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE
Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
Means 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 considered 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 accessway from wind-driven rainfall.
PERSON
Is defined in § 185-2.
RESIDENT
Means a person who resides on a residential property where de-icing material is stored.
STORM DRAIN INLET
Is defined in § 185-2.
C. 
De-icing material storage requirements. 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.
Note: Sandbags bound 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.
(7) 
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 through April 15.
(8) 
All such temporary and/or permanent structures must also comply with all other local ordinances, including building and zoning regulations.
(9) 
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 section are met. Inspection records shall be kept on-site and made available to the municipality upon request.
(10) 
Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections.
D. 
Exemptions.
(1) 
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.
(2) 
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 indicated above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
(3) 
This section 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.
[Amended 5-5-2010 by Ord. No. 7-2010]
Storm drain inlets identified in § 185-3B above shall comply with the standard outlined in § 190-50.9C(5)(c) to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids.
[Amended 5-5-2010 by Ord. No. 7-2010; 11-8-2023 by Ord. No. 38-2023]
This article shall be enforced by the Code Enforcement Officer, Zoning Officer, and/or Police Department of Pemberton Township.
[Amended 5-5-2010 by Ord. No. 7-2010; 11-8-2023 by Ord. No. 38-2023]
A. 
Any person found to be in violation of this article shall be issued a written warning for a first offense. Second and subsequent offenses shall be subject to the penalties provided for in the general penalty provisions of the Pemberton Township Code subject to a fine not to exceed $200 for each instance of violation and/or for each storm drain inlet that is not retrofitted to meet the design standard.
B. 
For § 185-3.1, any person(s) who is found to be in violation of the provisions of that section shall have 72 hours to complete corrective action. Any failure to complete corrective action within 72 hours of notification and/or repeat violations shall be subject to a fine not to exceed $200 for each instance of violation.