[Adopted 10-26-2005 by Ord. No. 2005-22]
An article to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Township of Andover, 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 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 N.J.A.C. 7:14A-1.2.
- DOMESTIC SEWAGE
- Waste and wastewater from humans or household operations.
- 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 Township of Andover unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). 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 Section 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 Township of Andover 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.
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- PROCESS WASTEWATER
- Any water that, 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.
- 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.
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of Andover any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater). If the illicit connection is located (and the connection is within Andover Township), the responsible party will be cited for being in violation of this Illicit Connection Ordinance.
Responsible party will be given 30 days to cease the nonstormwater discharge. The responsible party may apply for a NJPDES permit for the discharge, but the discharge shall be ceased until a valid NJPDES permit has been issued by the state. If the responsible party fails to eliminate the discharge, the Township shall take the necessary steps, including court action. In such cases the NJDEP shall be notified by written correspondence. This article shall be enforced by the Municipal Stormwater Coordinator of the Township of Andover.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $500.