The purpose of this article is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater. This article
establishes requirements for the storage of salt and other solid de-icing
materials on properties not owned or operated by the Township (privately
owned), including residences, in the Township of Livingston to protect
the environment, public health, safety and welfare, and to prescribe
penalties for 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 chapter clearly demonstrates
a different meaning. When consistent 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.
DE-ICING MATERIALS
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
FABRIC FRAME STRUCTURE
Is a permanent structure if it meets the following specifications:
A.
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
B.
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
C.
The structure shall be erected on an impermeable slab;
D.
The structure cannot be open sided; and
E.
The structure shall have a roll-up door or other means of sealing
the access way from wind-driven rainfall.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the access way from wind-driven rainfall).
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
RESIDENT
A person who resides on a residential property where de-icing
material is stored.
This article shall be enforced by the Township Police Department
or by any other Township employees designated by the Township Manager
during the course of ordinary enforcement duties.
Any person(s) who is found to be in violation of the provisions
of this article shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action, upon
conviction thereof, shall be punished by a fine not exceeding $2,000.
The violation of any section or subsection of this article shall constitute
a separate and distinct offense independent of the violation of any
other section or subsection, or of any order issued pursuant to this
article. Each day a violation continues shall be considered a separate
offense.