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ORDINANCE NO. 1769
AN ORDINANCE TO PROHIBIT ILLICIT CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM(S) 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 illicit connections to the municipal separate storm sewer system(s) 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 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. 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.
a. Domestic sewage – waste and wastewater from humans or household operations.
b. Illicit connection – any physical or non-physical connection that discharges domestic
sewage, non-contact cooling water, process wastewater, or other industrial waste
(other than stormwater) to the municipal separate storm sewer system operated by the
Borough of South Plainfield, unless that discharge is authorized under a NJPDES permit
Other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number
NJ0141852). Non-physical connections may include, but are not limited to, leaks, flows,
or overflows into the municipal separate storm sewer system.
c. Industrial waste – non-domestic waste, including, but not limited to, those
pollutants regulated under Section 307(a), (c), or (c) of the Federal Clean Water
Act (33 U.S.C. 1317(a), (b), or (c).
d. 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 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.”
e. 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
f. Non-contact 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. Non-contact cooling water
may however contain algaecides, or biocides to control fouling of equipment such as
heat exchangers, and/or corrosion inhibitors.
g. Person – any individual, corporation, company, partnership, firm, association,
or political subdivision of this State subject to municipal jurisdiction.
h. 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, byproduct, or waste product. Process
wastewater includes, but is not limited to, leachate and cooling water other than
non-contact cooling water.
i. Stormwater – water resulting from precipation (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:
a. No person shall discharge or cause be discharged through an illicit connection to
the municipal separate storm system operated by the Borough of South Plainfield
any domestic sewage, non-contact cooling water, process wastewater, or other
industrial waste (other than stormwater).
SECTION IV. Enforcement:
a. This ordinance shall be enforced by the Police Department, Local Board of Health, and
Code Enforcement of the Borough of South Plainfield.
SECTION V. Penalties
Any person(s) who is found to be in violation of the provisions of this ordinance shall be
subject to a fine not to exceed $2,000.00.
SECTION VI. 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 VII. 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
