[Adopted 10-18-2005 by Ord. No. 1294]
A.
The purpose of this article is to provide for the
health, safety, and general welfare of the citizens of the Borough
of Dumont, County of Bergen and State of New Jersey, through the regulation
of nonstormwater discharges to the storm drainage system to the maximum
extent practicable as required by federal and state law. This article
establishes methods for controlling the introduction of pollutants
into the municipal separate storm sewer system (MS4). The objectives
of this article are:
(1)
To regulate the contribution of pollutants to the
municipal separate storm sewer system (MS4) by stormwater discharges
by any user;
(2)
To prohibit illicit connections and discharges to
the municipal separate storm sewer system;
(3)
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article.
B.
This article prescribes 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 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. 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.
Waste and wastewater from humans or household operations.
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 Borough of Dumont, 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 Dumont 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 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. 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 sewerage or drainage
facilities, or is conveyed by snow removal equipment.
This article shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by an authorized enforcement agency.
A.
No person shall discharge or cause to be discharged
through an illicit connection to the municipal separate storm sewer
system or watercourses operated by the Borough of Dumont any materials
including but not limited to domestic sewage, noncontact cooling water,
process wastewater, or other industrial waste, pollutants, or waters
containing any pollutants that cause or contribute to a violation
of applicable water quality standards, other than stormwater.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this
article if the person connects a line conveying sewage to the MS4,
or allows such a connection to continue.
A.
The Department of Public Works of the Borough of Dumont
and/or Property Maintenance Code Official shall administer, implement,
and enforce the provisions of this article. Any powers granted or
duties imposed upon the authorized enforcement agency may be delegated
in writing by the Director of the Police Department of the Borough
of Dumont to persons or entities acting in the beneficial interest
of or in the employ of the Police Department of the Borough of Dumont.
B.
The Department of Public Works of the Borough of Dumont
and/or Property Maintenance Code Official may, without prior notice,
suspend MS4 discharge access to a person when such suspension is necessary
to stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the health
or welfare of persons, or to the MS4.
A.
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
$1,000.
B.
It shall be unlawful for any person to violate any
provision or fail to comply with any of the requirements of this article.
If a person has violated or continues to violate the provisions of
this article, the authorized enforcement agency may petition for a
preliminary or permanent injunction restraining the person from activities
which would create further violations or compelling the person to
perform abatement or remediation of the violation.
Any person receiving a notice of violation may
appeal the determination of the authorized enforcement agency. The
notice of appeal must be received within 10 days from the date of
the notice of violation. Hearing on the appeal before the appropriate
authority shall take place within 15 days from the date of receipt
of the notice of appeal. The decision of the municipal authority or
their designee shall be final.
