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ORDINANCE NO. 1767
AN ORDINANCE 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 SOUTH PLAINFIELD, SO AS TO PROTECT PUBLIC HEALTH, SAFETY AND WELFARE, AND TO PRESCRIBE PENALTIES FOR THE FAILURE TO COMPLY.
SECTION I. Purpose:
An ordinance 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 South Plainfield, so as to protect health, safety and welfare, and to prescribe penalties for failure to comply.
SECTION II. Definitions :
For the purpose of this ordinance, 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.
a. Municipal separate storm sewer system (MS4) – a conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, manmade channels, or storm drains) that is owned or
operated by the Borough of South Plainfield or other public body, and is designed
and used for collecting and conveying stormwater. “MS4s do not include combined
sewer systems, which are sewer systems that are designed to carry sanitary sewage at all
times and to collect and transport stormwater from streets and other sources.”
b.Person – any individual, corporation, company, partnership, firm, association, or
political subdivision of this State subject to municipal jurisdiction.
c. 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.
SECTION III. Prohibited Conduct:
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of South Plainfield 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.
SECTION IV. Exceptions to Prohibition:
a. Water line flushing and discharges from potable water sources
b. Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps,
foundation or footing drains, rising ground waters)
c. Air conditioning condensate (excluding contact and non-contact 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:
- Beach maintenance equipment immediately following their use for their
intended purposes; and
- Equipment used in the application of salt and de-icing materials immediately
following salt and de-icing material applications. Prior to rinsing with clean
water, all residual salt and de-icing 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.
Rising 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.
SECTION V. Enforcement:
This ordinance shall be enforced by the Police Department, the Local Board of Health, and Code Enforcement of the Borough of South Plainfield.
SECTION VI. Penalties:
Any person(s) who continues to be in violation of the provisions of this ordinance, after
being duly notified, shall be subject to a fine not to exceed $2,000.00.
SECTION VII. Severability:
Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or
reason, shall not affect any other portion of this Ordinance.
SECTION VIII. Effective date:
This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.
ALL OF WHICH IS ADOPTED this day of , 2007, by the Borough of South Plainfield.
___________________________
Charles F. Butrico, Jr., Mayor
ATTEST:
______________________
Vincent Buttiglieri, RMC, CMC
Municipal Clerk
