Borough of Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Caldwell as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Floodplain management — See Ch. 111.
Hazardous substances — See Ch. 128.
Property maintenance — See Ch. 175.
Sewers — See Ch. 190.
Solid waste — See Ch. 203.
Stormwater control — See Ch. 206.
Streets and sidewalks — See Ch. 207.
Subdivision and site plan review — See Ch. 210.
Zoning — See Ch. 250.
Chapter 205
[Adopted 10-4-2005 by Ord. No. 1155-05]
An article to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Caldwell, 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 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
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 Caldwell or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
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.
The following conduct is prohibited: the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Caldwell 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.
The provisions of this article shall be enforced by the Police Department and the Local Board of Health of the Borough of Caldwell.
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 $50.
The following are exceptions to the prohibition:
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) 
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.
(2) 
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.
[Adopted 10-4-2005 by Ord. No. 1160-05]
An article to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Caldwell, 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.
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations.
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 Borough of Caldwell, 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 § 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 the Borough of Caldwell 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 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.
STORMWATER
Water resulting from precipitation (including rain and snow) that rolls 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 Borough of Caldwell any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste other than stormwater.
The provisions of this article shall be enforced by the Police Department and/or other municipal officials of the Borough of Caldwell.
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 $50.