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 City of Cape May, so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
As used in this article, the following terms shall have the
meanings indicated:
Waste and wastewater from humans or household operations.
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 City of Cape May or other public body and is designed and used
for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A sewer for conveying waste to be transported to a treatment
facility.
A sewer for conveying storm, surface, and other permitted
waters which is not intended to be transported to a treatment facility.
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 sewage or drainage facilities,
or is conveyed by snow removal equipment.
A.
No person shall discharge or cause to be discharged materials other
than stormwater to the municipal separate storm sewer system operated
by the City of Cape May.
B.
No person shall discharge or cause to be discharged materials in
such a manner as to cause the discharge of pollutants to the municipal
separate storm sewer system.
C.
No person shall discharge or cause to be discharged any stormwater,
or water from downspouts, sump pumps, yard drains, yard fountains,
ponds or lawn sprays into any sanitary sewer within the City of Cape
May. Such discharge shall be only into such sewers as are specifically
designated as storm sewers or to a natural outlet receiving prior
written approval by the City Engineer. No person shall connect roof
downspouts, exterior foundation drains, areaway drains, sump pumps,
storm sewer inlets or catch basins, or other sources of surface runoff
or groundwater either directly or indirectly to any sanitary sewer
within the City of Cape May.
D.
No person shall discharge or cause to be discharged any domestic
sewage, filter backwash water, overflow water, or backwash water from
any swimming pool, hot tub, or spa facility into any storm sewer within
the City of Cape May; all such discharges must be directed to the
sanitary sewers by a connection approved by the Superintendent or
Plumbing Subcode Inspector of the City. To assist property owners
with compliance, the Superintendent is authorized to assign personnel
and equipment of the Water and Sewer Utility, as available, to direct
such wastewaters into the sanitary sewers. The Superintendent shall
charge a reasonable fee to cover the utility's costs of such assistance,
which fee shall be $40 per hour. City Council is authorized to update
and revise the fee by resolution.
A.
Waterline flushing and discharges from potable water sources;
B.
Air-conditioning condensate (excluding contact and noncontact cooling
water);
C.
Irrigation water (including landscape and lawn watering runoff);
D.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted streamflows;
E.
Residential car washing water;
F.
Sidewalk, driveway and street wash water;
G.
Flows from fire-fighting activities;
H.
Flows from rinsing of the following equipment with clean water:
(1)
Beach maintenance equipment immediately following its use for its
intended purposes; and
(2)
Equipment used in the application of salt and deicing materials immediately
following salt and deicing 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. Rinsing
of the 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.
This article shall be enforced by the Police Department, Code
Official and/or other duly appointed representatives of the City of
Cape May.
Any person violating any of the provisions of this Article II of Chapter 437 shall, upon conviction of a first offense, be punished by a fine of not less than $100 nor more than $1,250 and/or by imprisonment or community service not exceeding 90 days. Any person who is convicted of violating this Article II of Chapter 437 within one year of the date of a previous violation of this article shall be sentenced to an additional fine of $1,250, which fine shall be calculated separately from the fine set forth under the first sentence of this Section, imposed for violation of this article.
Each section, subsection, sentence, clause and phrase of this Article H of Chapter 437 is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this article to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this article.
This article shall be in full force and effect from and after
its adoption and any publication as may be required by law.
