[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Berlin as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-7-2005 by Ord. No. 2005-4]
An article to prohibit illicit connections to
the municipal separate storm sewer system (MS4) operated by the Borough
of Berlin, so as to protect public health, safety and welfare, and
to prescribe penalties for 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 article 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.
Waste and wastewater from humans or household operations.
Any physical or nonphysical connection that discharges domestic
sewage, noncontact cooling water, processed wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Borough of Berlin, 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.
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)].
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 Borough of Berlin 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 et seq.
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.
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. Processed 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 sewerage or drainage
facilities, or is conveyed by snow removal or equipment.
[Amended 7-16-2015 by Ord. No. 2015-14]
A.
The spilling, dumping or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Township
is prohibited. The spilling, dumping or disposal of materials other
than stormwater, including, but not limited to, uncontaminated groundwater
(e.g., infiltration, crawl space or basement sump pumps, foundation
or footing drains, rising groundwater and air-conditioning condensate),
in such a manner as to cause the discharge of pollutants to the municipal
storm system is also prohibited.
B.
Exceptions to prohibition:
(1)
Water line flushing and discharges from potable water sources.
(2)
Irrigation water (including landscape and lawn watering runoff).
(3)
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
(4)
Residential car washing water and residential swimming pool discharges.
(5)
Sidewalk, driveway and street wash water.
(6)
Flows from firefighting activities.
(7)
Flows from rinsing of the following equipment with clean water:
(a)
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.
(b)
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 machinery.
This article shall be enforced by the Police
Department and/or other municipal officials of the Borough of Berlin.
Any person, entity or corporation who shall
violate any of the provisions of this article shall, upon conviction
thereof, before the Municipal Court of the Borough of Berlin, be subject
to a fine not exceeding $500 or imprisonment in the county jail for
a term not exceeding 90 days, or both, in the discretion of the Municipal
Court Judge before whom such defendant shall be convicted. A separate
offense may be deemed committed on each day that a violation occurs
or continues.
[Adopted 4-7-2005 by Ord. No. 2005-8]
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 Borough of Berlin, so as
to protect public health, safety and welfare, and to prescribe penalties
for 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 article 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.
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 Borough of Berlin 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.
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 or equipment.
The spilling, dumping, or disposal of materials
other than stormwater, to the municipal separate storm sewer system
operated by the Borough of Berlin 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.
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 purposes; and
(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. 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.
This article shall be enforced by the Police
Department and/or other municipal officials of the Borough of Berlin.
Any person, entity or corporation who shall
violate any of the provisions of this article shall, upon conviction
thereof, before the Municipal Court of the Borough of Berlin, be subject
to a fine not exceeding $500 or imprisonment in the county jail for
a term not exceeding 90 days, or both, in the discretion of the Municipal
Court Judge before whom such defendant shall be convicted. A separate
offense may be deemed committed on each day that a violation occurs
or continues.
