Chapter 74A-G. Stormwater Management

CHAPTER 74A-G STORMWATER MANAGEMENT

§74A. ILLICIT CONNECTION

§74B. IMPROPER DISPOSAL OF WASTE

§74C. YARD WASTE COLLECTION PROGRAM AND CONTAINERS

§74D. WILDLIFE FEEDING

§74E. LOW PHOSPHOROUS FERTILIZER

§74F. PRIVATE STORM DRAIN INLET RETROFITTING

§74G. REFUSE CONTAINERS/DUMPSTERS

[HISTORY: Adopted by the Township Council of the Township of Gloucester on September 26, 2005 By Ordinances O-05-34, O-05-35, O-05-36, O-05-37, & O-05-38. Amendments noted where applicable.[Amended on 04-26-10 by Ord. O-10-21 & Ord. O-10-22.]

74A ILLICIT CONNECTION

§74A-1. Purpose

§74A-2. Definitions

§74A-3. Prohibited Conduct

§74A-4. Penalties

§74A-5. Repealer

§74A-6. Severability

§74A-7. When Effective

Be it ordained by the Township Council of the Township of Gloucester in the County of Camden, State of New Jersey, as follows:

§74A-1. Purpose:

An ordinance to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Township of Gloucester, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§74A-2. 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 sewerage is waste and wastewater from humans or household operations.

B. Illicit connection is any physical or non-physical connection that discharges domestic sewerage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Township of Gloucester, 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 is non-domestic 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. Statute 1317 (a), (b), or (c)).

D. Municipal separate storm sewer system (MS4) is 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 Township of Gloucester or other public body, and is designed and used for collecting and conveying stormwater.

E. NJPDES permit is 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 is 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 hear exchangers, and/or corrosion inhibitors.

G. Person is any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

H. Process wastewater is 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 is 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.

§74A-3. Prohibited Conduct:

No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of Gloucester any domestic sewerage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).

§74A-4. 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 One Thousand Dollars ($1,000.00) or imprisonment not to exceed ninety (90) days or both.

§74A-5. Repealer:

All Ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§74A-6. Severability:

If any section, subsection, part, clause or phrase of this Ordinance shall be declared invalid by judgement of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of this Ordinance.

§74A-7. When Effective:

This Ordinance shall take effect immediately after final passage and publication as require by law.

74B IMPROPER DISPOSAL OF WASTE

§74B-1. Purpose

§74B-2. Definitions

§74B-3. Prohibited Conduct

§74B-4. Exceptions to Prohibition

§74B-5. Penalties

§74B-6. Repealer

§74B-7. Severability

§74B-8. When Effective

Be it ordained by the Township Council of the Township of Gloucester in the County of Camden, State of New Jersey, as follows:

§74B-1. 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 Township of Gloucester, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§74B-2. Definitions:

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 Township of Gloucester or other public body, and is designed and used for collecting and conveying stormwater.

B. Person is any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

C. Stormwater is 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.

§74B-3. Prohibited Conduct:

The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Township of Gloucester 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 systems is also cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.

§74B-4. Exceptions to Prohibition:

A. Water line flushing and discharge 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:

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. 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.

§74B-5. Penalties:

§74B-6. Repealer:

All Ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§74B-7. Severability:

§74B-8. When Effective:

This Ordinance shall take effect immediately after final passage and publication as require by law.

74C YARD WASTE COLLECTION PROGRAM AND CONTAINERS

§74C-1. Purpose

§74C-2. Definitions

§74C-3. Yard Waste Collection

§74C-4. Prohibited Conduct

§74C-5. Penalties

§74C-6. Repealer

§74C-7. Severability

§74C-8. When Effective

Be it ordained by the Township Council of the Township of Gloucester in the County of Camden, State of New Jersey, as follows:

§74C-1. Purpose:

An ordinance to establish a yard waste collection and disposal program and requirements for the proper handling of yard waste in the Township of Gloucester, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§74C-2. Definitions:

A. Containerized means the placement of yard waste in a trash can, bucket, bag, or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.

B. Person is any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

C. Street means any street, avenue, boulevard, road, viaduct, drive, or other way, which is an existing State, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.

D. Yard Waste means leaves and grass clippings.

§74C-3. Yard Waste Collection:

Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven (7) days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this ordinance. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this ordinance..

§74C-4. Prohibited Conduct:

§74C-5. Penalties:

§74C-6. Repealer:

All Ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§74C-7. Severability:

§74C-8. When Effective:

This Ordinance shall take effect immediately after final passage and publication as require by law.

74D WILDLIFE FEEDING

§74D-1. Purpose

§74D-2. Definitions

§74D-3. Prohibited Conduct

§74D-4. Penalties

§74D-5. Repealer

§74D-6. Severability

§74D-7. When effective

Be it ordained by the Township Council of the Township of Gloucester in the County of Camden, State of New Jersey, as follows:

§74D-1. Purpose:

An Ordinance to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Township of Gloucester, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§74D-2. 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. Feed is to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.

B. Person is any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

C. Wildlife is all animals that are neither human or domesticated.

§74D-3. Prohibited Conduct:

No person shall feed, in any public park or on any other property owned or operated by the Township of Gloucester, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfirmed wildlife at environmental education centers).

§74D-3. Penalties:

§74D-4. Repealer:

All Ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§74D-5. Severability:

§74D-6. When Effective:

This Ordinance shall take effect immediately after final passage and publication as require by law.

74E LOW PHOSPHOROUS FERTILIZER

§74E-1. Purpose

§74E-2. Definitions

§74E-3. Prohibited Conduct

§74E-4. Exceptions to Prohibition

§74E-4. Penalties

§74E-5. Repealer

§74E-6. Severability

§74E-7. When effective

Be it ordained by the Township Council of the Township of Gloucester in the County of Camden, State of New Jersey, as follows:

§74E-1. Purpose:

An Ordinance to prohibit the outdoor application of fertilizer other than low phosphorous fertilizer in the Township of Gloucester, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§74E-2. Definitions:

A. Fertilizer - any substance containing one or more recognized plant nutrients which is used for its plant nutrient content, and which is designed for use or claimed to have value in promoting plant growth; except that it shall not be considered to include animal or vegetable manure or compost.

B. Low Phosphorous Fertilizer - a fertilizer for which the guaranteed analysis, stated in whole numbers, of available phosphoric acid is zero.

C. Person - any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

§74E-3. Prohibited Conduct:

It shall be unlawful to apply outdoors any fertilizer other than low phosphorus fertilizer.

§74E- 4. Exceptions to Prohibition:

A. Any application of fertilizer at a commercial farm that is exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

B. Any application of fertilizer needed for establishing new vegetation after land disturbance in accordance with the requirements established under the Soil Erosion and Sediment Control Act. N.J.S.A. 4:24-39 et seq. and implementing rules.

§74E-4. Penalties:

§74E-5. Repealer:

All Ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§74E-6. Severability:

§74E-7. When Effective:

This Ordinance shall take effect immediately after final passage and publication as require by law.

74F PRIVATE STORM DRAIN INLET RETROFITTING

§74F-1. Purpose

§74F-2. Definitions

§74F-3. Prohibited Conduct

§74F-4. Design Standard

§74F-5. Enforcement

§74F-6. Penalties

§74F-7. Repealer

§74F-8. Severability

§74F-9 When effective

Be it ordained by the Township Council of the Township of Gloucester in the County of Camden, State of New Jersey, as follows:

§74F-1. Purpose:

An ordinance requiring the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal storm sewer system(s) operated by the Township of Gloucester so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§74F-2. Definitions:

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 Township of Gloucester 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. Storm Drain Inlet - an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

D. Waters of the State- means the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

§74F-3. Prohibited Conduct:

No person in control of private property (except a residential lot with one single family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen) reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:

1. Already meets the design standard below to control passage of solid and floatable materials; or

2. Is retrofitted or replaced to meet the standard in Section V below prior to the completion of the project.

§74F-4. Design Standard:

Storm drain inlets identified in Section IV above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, “solid and floatable materials” means sediment, debris, trash and other floating, suspended, or settleable solids. For exemptions to this standard see Section V.3 below.

1. Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

a. The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996);or

b. A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basis floors.

2. Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.

3. This standard does not apply:

a. Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

b. Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

i. A rectangular space four and five-eights inches long and one and one-half inches wide (this option does not apply for outfall netting facilities; or

ii. A bar screen having a bar spacing of 0.5 inches.

c. Where flows are conveyed through a trash rack that has parallel bars with one-inch (1") spacing between the bars; or

d. Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

§74F-5. Enforcement:

This ordinance shall be enforced by the Director of the Department of Public Works or his Designee.

§74F-6. Penalties:

§74F-7. Repealer:

All Ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§74F-8. Severability:

§74F-9. When Effective:

This Ordinance shall take effect immediately after final passage and publication as require by law.

[Added on 04-26-10 by Ord. O-10-21]

74G REFUSE CONTAINERS/DUMPSTERS

§74G-1. Purpose

§74G-2. Definitions

§74G-3. Prohibited Conduct

§74G-4. Exceptions to Prohibition

§74G-5. Enforcement

§74G-6. Penalties

§74G-7. Repealer

§74G-8. Severability

§74G-9. When Effective

Be it ordained by the Township Council of the Township of Gloucester in the County of Camden, State of New Jersey as follows:

§74G-1 Purpose:

An ordinance requiring dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Gloucester and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§74G-2 Definitions:

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 Township of Gloucester or other public body and is designed and used for collecting and conveying stormwater. MSs4s 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. Refuse container - any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

D. Stormwater - means 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.

E. Waters of the State - means the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

§74G-3. Prohibited Conduct:

Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.

Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Township of Gloucester.

§74G-4 Exceptions to Prohibition:

A. Permitted Temporary demolition containers

B. Litter receptacles (other than dumpsters or other bulk containers)

C. Individual homeowner trash and recycling containers

D. Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.

E. Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup)

§74G-5 Enforcement:

This ordinance shall be enforced by the Director of Public Works or his Designee.

§74G-6. Penalties:

§74G-7. Repealer:

All Ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§74G-8. Severability:

§74G-9. When Effective:

This Ordinance shall take effect immediately after final passage and publication as require by law.

[Added on 04-26-10 by Ord. O-10-22]