The URL can be used to link to this page

Home My Public Portal AboutOrd. 05-50 No. 05-50 <IDròimntt£ af ±4£ ~araug4 af QIad£r£i, tJ. JJ. Councilman ..__.__._.~ Presents the fo!lowing Ordinance Seconded by Councilman AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET- IMPROPER DISPOSAL OF WASTE ORDINANCE 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 The Borough of Carteret, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. SECTION II. Definitions: I II II I i 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 ofthis 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 Carteret or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, add the following: "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. " I II II b. Person - any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. c. Stormwater - water resulting trom 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 ofCarteret 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: i I' I II I 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 NO 05-50 PAGE ;I of 2 g. Sidewalk, driveway and street wash water h. Flows ITom fire fighting activities 1. 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. Rinsing of equipmènt, 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 Carteret Police Department and/or The Board of Health of The Borough ofCarteret. SECTION VI. Penalties: Any person(s) who continues to be in violation ofthe provisions of this ordinance, after being duly notified, shall be subject to a fine not to exceed $1,250.00 and/or 60 days in jail for each offense. 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 ITom and after its adoption and any publication as may be required by law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. . COUNCILMAN YES NO NV A.B. R....T T TN(\ v NAPLES y PTAZ X RTOS X _ KDnM X SITARZ X x - Indicate VOle AB . Absent NV . Not Voting XOR . Indiçatcs Vote to Overrule Veto CP Adopted on first reading of the Council of the Borough ofCarteret, N.J., on September 22, 2005 Adopted on second reading after hearing on October 27, 2005 "'RO"O~~~ 5 ON/,,1' ,-;. MAYO /¿.f"é~6',-,~'ffi-A."~-, MUNICIPAL CLERK ./ '., Affidavit of Publication Publisher's Fee $116.16 State of New Jersey} 55. MIDDLESEX COUNTY personally appeared ANNETTE MADAMA Affidavit Charge $25.00 of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said County and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 (ONE) times, once In each Issue, as follows 9127105. dEA~J 0, dOH~;SmJ W'>pDV PI ;(')8' 'I' O~ "~'" ',nn¡;:" ""t;'" ,;"'Ii UI..IV !j r'k.~.' ')~'-\'jL! ~~y COMM¡~S¡O"~ EXPiR¡:S FFB 2) ;n1iJ"" ... . - , ~",I-'-, BOROUGH OF CARTERET ORDINANCE #05-50 AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET - IMPROP- ER DISPOSAL OF WASTE ORDINANCE 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) op- erated by the The Borough of Carteret, so as to protect public health, safety and welfare, and to ~Ëèií~N 'ìLn8~~ItIg~~~e failure to comply. 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 ~~: ~¡~~~1árwno~~sb~~,e~ni~ :o~J~u~:~~¡:t~'; ~~~~~~ number include the plural number. The word "shail" is always mandatory and not merely direc- tory a. Municipal separate storm sewer system (MS4) _ a conveyance or system of conveyances (including roads with drainage systems, munic- Ipal streets, catch basins, curbs, gutters, ditch- es, manmade channels, or storm drains) that is owned or operated by The Borou~h of Car- teret or other public body, and is deSigned and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, add the following: "MS4s do not include combined sewer systems, which are ~:~i~~r;~~~~~ ~r~~1 ~~esd:~~~~dco~?ec~a:~~ transport stormwater from streets and other sources." b. ~:~f~;r~h~~: /i~~~i~~:~cia~rg~~~t;0~~I~ic~f~~6~ division of this State subject to municipal juris- diction. c. ~~C:;0r%~~ding ~~~e~n~e~~~~ft~ra~n:u~~e;Jf~~~ land's surface. is transmitted to the subsur- face, is captured by separate storm sewers or other sewerage or drainage facilities, or is SEcTID,rXtd p~~hì~~ié~~d~ct;qUiPment. The spilling, dumping. or disposal of materials other than stormwater to the municipal separate storm ise~~~~fbn~:r T~~r~~flf¡n'i.' ~~~~i~~,u~~ d1s~~~t¡r~\ 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 flushmg and discharges from potable water sources. b Uncontaminated ground water (eg., infiltration, crawl space or basement sump pumps, founda- tion or footing drains, rising ground waters). c Air conditioning condensate (excluding contact and non-contact cooling water). d. Irrigation water (including landscape and lawn AD., 2005 11t~, Sworn and subscribed before me this 27th day of september, A.D., 2005 watering runoff) e. Flows from springs, riparian habitats and wet- lands, water reservoir discharges and diverted stream flows. f. Residential car washing water, and residential swimming pool discharges. ~ Sidewalk, drivewa~ and street wash water i.' f¡~o:ss ~~~~ f~i~~I~g tigF ~h~iv~~~~'wing equipment with cleanwater: . Beach maintenance equipment immediately following their use for their intended purposes; "n' . 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 ex- tent practicable using dry cleaning methods (e.~.. shoveling and sweeping.). Recovered ma- terials are to be returned to storage for reuse ~~ ~~t~~r\~ ~~seca:~~~e ~~r~~~Fo~fiSe~~?t~d~~ exterior. undercarriage. and exposed parts and does not apply to engines or other en- closed machinery. SECTION V. Enforcement; This ordinance shall be enforced by the Carteret Police Department and/or The Board of Health of ~~~~IÕNu6r. p~:M:~~t. 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 $1,250.00 and/or 60 d~ys in jail for each offense. 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 ~Ebï!tójJ ŸíìY. EW:dFv~r~~~e~f this Ordinance. This Ordinance shall be in fun force and effect from and after its adoption and any publication as may be required by law. The foregoing ordinance was introduced at a meeting of the Council of the Borough of Carteret held September 22, 2005 when it was adopted on First Reading. The said ordinance will be further considered on Second Reading for final adoption at a meeting of said Council of the Borough of Carter- et o~ 9çtober 27,2005 at approximately 7:00 P.M., Municipal Court/Police Facility, 230 Roosevelt Ave~ nue, Carteret, New Jerseñ at which time and place t~ b:rh~~~dlnterested wi be given an opportumty KATHLEEN M. BARNEY Certified Municipal Clerk ($116.16) 28541 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. ONE (1) times, once in each issue as follows: Friday, November 4, 2005 /. c;;z~~ 0, ~ Notary Public of New Jersey . ~/-1.E, Kathleen Barney, RMC/C! Municipal Clerk Sworn and subscribed before me this ..¡..v., day of /tJ~1 ,;l-. £.JùS- "";.^ _ OFCMIWT , ..~~. '~I.~I~; TH~ L1ik.i!i APPROVED AND ADOPT- ED' DCTOBE. 27 2005 INTRODUCED: SÉPTEM- BER 22, 2005 Advertised .. adopted on first r..~ witt; no- ~~~:l="i7 H:&Stl: H...I". _H.ed; OcTOBER 27, 2005 ~1f.~~~.J~ RI~A~AYOR Advertised .. fln.l~ ro : NOVEMBER . "" ~. ~ ..18