[HISTORY: Adopted by the Township Council of the Township
of Clark 11-20-2023 by Ord. No. 23-31. Amendments noted where applicable.]
The purpose of this chapter is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater. This chapter
establishes requirements for the storage of salt and other solid de-icing
materials on properties not owned or operated by the municipality
(i.e., privately owned) in the Township of Clark to protect the environment,
public health, safety and welfare, and to prescribe penalties for
failure to comply.
For the purpose of this chapter, 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.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
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).
A fabric frame structure is a permanent structure if it meets
the following specifications:
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;
The design shall prevent stormwater run-on and run-through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll up door or other means of sealing
the accessway from wind driven rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
The point of entry into the storm sewer system.
A.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15 and April 15,
but no longer than 30 days without prior written approval from the
Construction Code Official.
(1)
Materials shall be placed on a flat, impervious surface in a manner
that prevents stormwater run-through;
(2)
Materials shall be placed at least 50 feet from surface water bodies,
storm drain inlets, and/or ditches or other stormwater conveyance
channels;
(3)
Materials shall be formed in a cone-shaped storage pile;
(4)
All storage piles shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
[1]
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used.
(5)
The site shall be free of all de-icing materials between April 16
and October 14.
B.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of solid deicing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 to April 15.
C.
The property owner shall designate a person(s) responsible for operations
at the site where these materials are stored, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this chapter are met.
This chapter does not apply to facilities where the stormwater
discharges from salt storage activities are regulated under another
NJPDES permit.
This chapter shall be enforced by the Construction Code Official
of Clark during the course of ordinary enforcement duties.
Any person(s) who is found to be in violation of the provisions
of this ordinance shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
result in fines as follows:
Each section, subsection, sentence, clause, and phrase of this
chapter is declared to be an independent section, subsection, sentence,
clause, and phrase, and finding or holding of any such portion of
this chapter to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this Chapter.
This chapter shall be in full force and effect from and after
its adoption and any publication as may be required by law.
