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Home My Public Portal AboutOrd. 05-54 ®rúnm::tttt No 05-54 úf ±l¡t ZßÚrúU£l¡ úf (fhtdtrd, ~ ~ W ~ Councilman Presents the following Ordinance Seconded by Councilman AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET- ILLICIT CONNECTION ORDINANCE SECTION I. Purpose: An ordinance to prohibit illicit connections to the municipal separate storm sewer system(s) 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: 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 NJ.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 w(lste (other than stormwater) to the municipal separate storm sewer system operated by the The Borough ofCarteret, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJOI41852). 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), (b), or (c) of the Federal Clean Water Act (33 V.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 [insert name of municipality] 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. . 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 NJ.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. 05-54 NO. PAGE Z of 2 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 fTom 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. 1. 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: 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 Carteret any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater). SECTION IV. Enforcement: This ordinance shall be enforced by the Carteret Police Department and/or other Municipal Officials of The Borough ofCarteret. 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 $1,250.00 and/or 60 days in jail for each offense. 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. COUNCILMAN DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE YES NO NY A.B. COUNCILMAN NAPLES RIOS SITARZ x YES NO NV A.B. X X X DIAZ x ~ Indicate Vote AB - Absent NY - Not Voting XOR· Indicates Vote to Overrule Veto c Adopted on first reading of the Council of the Borough ofCarteret, N.J., on September 22. 2005 Adopted on second reading after hearing on 7. 2005 Affidavit of Publication Publisher's Fee $121.44 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 lONE) times, once In each Issue, as follows 9/27/05. , ,'." ì L.".;:--.;,\: "", '\"i... .'~:v .,; .. ,¡ii"¡, i..;' (,;' ["':)i"ì~~( '.~.I. < ,)'0 'v'i';~., "Î,-\.. :.,~, 22.2j"¡C û BOROUGH OF CARTERET ORDINANCE #05-54 AMENDING AND SUPPLEMENTING THE CODe OF THE BOROUGH OF CARTERET . ILLICIT CONNECTION ORDINANCE SECTION I. Purpose: An ordinance to prohibit iIIidt connections to the municipal separate storm sewer system(s) operat- ed by the The Borough of Carteret, so as to protect public health, safet):' and welfare, and to prescribe ~Ëë+\~~ ff¡~ òh.:ii~an:~~~:to comply. f~:m~~ep~~:~e~~e W~~d~i~n~dih:i~C~er}~:ti~~I~O:~~fi 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 direc- tory. The definitions below are the same as or based on corresponding definitions in the New tNJpeðEJ)0~~~;n~t ~jsÁ.~a1~4Ã~~2~nation System 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 wastewa- ter, or other industrial waste (other than ~~~~~~;~~~t~p~r~t~dU~~irha~ f~~aB~~~j~hr~ Carteret, unless that discharge is authorized under a NJPDES permit other than the Tier A ~N~'PiÕ~alpe~~?tN~~be:r ~J~T:;t¿52~eNr;:~~ f¡:Zf~da~~~r:'aekcst,iof~;w~,a~rin~~~~fiò~~t i~[~ ~~~ municipal separate storm sewer system. c. Industrial waste - non-domestIc waste, includ- ing, but not limited to, those pollutants regulat- ed under Section 307(a), (b), 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, munic- ipal streets, catch basins, curbs, gutters, ditch- es, manmade channels, or storm drains) that is owned or operated by [insert name of mu- nicipality] or other public body, and is designed and used for collecting and conveying storm- water. NOTE: In municipalities with combined sewer systems, add the following: "MS4s do not include combined sewer s;(stems. 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 Protec- tion to implement the New Jerse~ Pollutant ~~sN~a;,:t:~ :fll4'Änation System (NJ DES) rules Non-contact cooling ,vater - water used to A.D,2005 l::., ðlVUf}J;j~,{'JQrw f^-- sworn and subscribed before me this 27th day of september, A.D., 2005 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, sub- divIsion of this State subject to municipal Juris- diction. h. Process wastewater - any water which, durin¡s: manufacturing or processing, comes into di- rect contact with or results from the produc- tion 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. Î. Stormwater - water resulting from precipitation (including rain and snow) that runs off the land's surface. is transmitted to the subsurface is captured by separato; storm sewers or othe; sewerage or drainage facilities, or is conveyed SECI?fíÒN°lii. r~~h'íb~~u~~d~~: No person shall discharge or cause to be dis- charged through an illicit connection to the munici- pal separate storm sewer system operated by the Borough of Carteret any domestic sewage, non- contact cooling water, process wastewater, or oth- er industrial waste (other than stormwater), SECTION IV. Enforcement: Thi;õ ordinance shall, be enforced by the Carteret Police Department and/or other Municipal Officials skt~ioBNrJ.u~~n~"fea¡:teret. Any person(s) who Îs found to be in violation of the provisions of this ordinance shall be SUblect to a fine not to exceed $1,250.00 and/or 60 days in jail for each offense. 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. 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 Heading for final adoption at a meeting of said Council of the Borough of Carter- et on October 27. 2005 at approximately 7:00 P.M.. Municipal Court/Police Facility. 230 Roosevelt Ave- nue, Carteret, New JerseO' at which time and place r~ ~:rh~~;d~nterested wi be given an opportunity KATHLEEN M. BARNEY Certified Municipal Clerk ($121.44) 37802 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 ____~_u,_. _~o.~ Notary Public of New Jersey Æ;;~ 'Kathleen Barney, IiMC/C Municipal Clerk Sworn and subscribed before me this 'f....ij:., day of ~ .J-.-ooS- I L!NDA A. RIVER;!\. Nn7~RY PUBLIC OF NEW J~RS':Y .:~;.)n Expires May 2. ... _OfCMIWT . AND R· 2005 ~ . i2. 200tI ~~.... - ........ .. ... ~ .... ... . SEPTE~~R"li. 2005 ~"':r: _I ~o.PKÌ£L ~ O£,- MAN ....._M....4 _ fIMIIr ~. '" 200tI ~~I It...... ~, _ Affidavit of Publication Publisher's Fee $15.40 State of New Jersey} 55. MIDDLESEX COUNTY Affidavit Charge $25.00 Personally appeared JON IRAGGI 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 lONE) times, once In each Issue, as follows 11104105. A.D., 2005 ~-~ , "- I BOROUGH OF CARTERET ORDINANCE #05-54 AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET -ILLICIT CONNECTION ORDINANCE APPROVED AND ADOPTED: OCTOBER 27, 2005 INTRODUCED: SEPTEMBER 22, 2005 Advertised as adopted on first reading wíth notice 01 ~~~¥~~::~nJ'j, 2005 ~~~~ndl~"d~~ 2005 ~~8~edD:~jEL J. REI- MAN Advertised .. ,i.,,,lIy ~~O"J~ddER 4, 2005 KATHLEEN M. BARNEY, MUNICIPAL CLERK PUBLISH: Friday, ($15.40) 28468