An article to prohibit illicit connections to the municipal
separate storm sewer system(s) 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.
Nondomestic waste, including but not limited to, those pollutants
regulated under § 307(a), (b) or (c) of the Federal Clean
Water Act [33 U.S.C. § 1317(a), (b) or (c)].
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.
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules at N.J.A.C. 7:14A.
Water which is used for the purpose of cooling. Such waters
do not come into direct contact with any raw material, intermediate
product (other than heat) or finished product. Noncontact cooling
water may, however, contain algaecides, or biocides to control fouling
of equipment such as heat exchangers, and/or corrosion inhibitors.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontact cooling water.
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.
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the City of Cape May, including but not limited to any
domestic sewage, noncontact cooling water, process wastewater, or
other industrial waste (other than stormwater).
This article shall be enforced by the Police Department, Code
Official and/or other duly appointed representative of the City of
Cape May.
Any person violating any of the provisions of this Article III 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 III 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 III 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.
