An article to prohibit illicit connections to
the municipal separate storm sewer system(s) operated by the Township
of Andover, 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. The definitions below are the
same as or based on corresponding definitions in the New Jersey Pollutant
Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
ILLICIT CONNECTION
Any physical or nonphysical connection that discharges domestic
sewage, noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Township of Andover unless that discharge is
authorized under a NJPDES permit other than the Tier A Municipal Stormwater
General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections
may include, but are not limited to, leaks, flows, or overflows into
the municipal separate storm sewer system.
INDUSTRIAL WASTE
Nondomestic waste, including but not limited to those pollutants
regulated under Section 307(a), (b), or (c) of the Federal Clean Water
Act [33 U.S.C. § 1317(a), (b), or (c)].
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 Township of Andover or other public body, and is designed and used
for collecting and conveying stormwater.
NJPDES PERMIT
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.
NONCONTACT COOLING WATER
Water used to reduce temperature 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.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
PROCESS WASTEWATER
Any water that, 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.
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.
No person shall discharge or cause to be discharged
through an illicit connection to the municipal separate storm sewer
system operated by the Township of Andover any domestic sewage, noncontact
cooling water, process wastewater, or other industrial waste (other
than stormwater). If the illicit connection is located (and the connection
is within Andover Township), the responsible party will be cited for
being in violation of this Illicit Connection Ordinance.
Responsible party will be given 30 days to cease
the nonstormwater discharge. The responsible party may apply for a
NJPDES permit for the discharge, but the discharge shall be ceased
until a valid NJPDES permit has been issued by the state. If the responsible
party fails to eliminate the discharge, the Township shall take the
necessary steps, including court action. In such cases the NJDEP shall
be notified by written correspondence. This article shall be enforced
by the Municipal Stormwater Coordinator of the Township of Andover.
Any person(s) who is found to be in violation
of the provisions of this article shall be subject to a fine not to
exceed $500.