The purpose of this article is to prohibit illicit connections
to the municipal separate storm sewer system(s) operated by the Borough
of Kenilworth so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tease 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.
ILLICIT CONNECTION
Any physical or nonphysical connection that discharges domestic
sewage, noncontact cooling water, process wastewater or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Borough of Kenilworth unless that discharge
is authorized under a NJPDES permit other than the Tier A municipal
stormwater general permit (NJPDES Permit Number NJO141 852). Nonphysical
connections may include, but are not limited to, leaks, flows, or
overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Nondomestic waste, including but not limited to those pollutants
regulated under § 307(a), (b), or (c) of the Federal Clean
Water Act [33 U.S.C. § 1317(a), (b), or (c)].
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Kenilworth or other public body, and is designed
and used for collecting and conveying stormwater.
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.
NONCONTACT 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. Noncontact
cooling water may, however, contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontact cooling water.
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.
[Amended 10-28-2015 by Ord. No. 2015-06]
A. No person shall discharge or cause to be discharged through an illicit
connection to the municipal separate storm sewer system operated by
or for the Borough of Kenilworth any domestic sewage, noncontact cooling
water, process wastewater, or other industrial waste (other than stormwater).
B. No person shall place any object within three feet of any access
point or manhole for a sanitary sewer or a storm sewer, or an industrial
sewer within a municipal right-of-way or easement that may obstruct
access to the sewer system.
C. No person shall obstruct a storm sewer inlet grate thereby restricting
the natural flow of surface water into a storm sewer or retention
pond or dry well.
This article shall be enforced by the Police Department, code
enforcement officers of the Borough of Kenilworth and Department of
Public Works.
[Amended 10-28-2015 by Ord. No. 2015-06]
A. Any person(s) who is found to be in violation of the provisions of
this article shall be subject to a fine of no less than $100 and not
more than $2,000. Each day that a violation continues after notification
shall constitute an additional separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. Any object in violation of §
158-33B or
C shall be subject to removal by the municipality at the owner's expense if it is not removed by the owner and/or person(s) responsible for placing the obstruction within the municipal right-of-way.
C. If any object that is removed by the municipality is not reclaimed
and the owner or his/her designee has not paid for the removal and
storage within 10 business days, the object shall be deemed abandoned
and sold by the Borough Clerk to pay for the cost of the removal and
storage of the object in addition to the cost of the sale.