CHAPTER XV  SEWER AND WATER

 

15-1    ANNUAL SEWER RENTAL CHARGE.

   There shall be an annual sewer rental charge for the use, operation and maintenance of the sewerage system and disposal facilities owned by the City upon the owners of the properties served thereby at the rates hereinafter established. (Ord. #960, § 1)

 

 

15-2    RATES; TARIFF SCHEDULE FOR SEWER SERVICE ESTABLISHED.

   The terms, conditions and rate schedules set forth in the tariff schedule on file in the office of the City Clerk entitled "City of Ocean City Tariff for Sewer Service", are hereby adopted and incorporated as fully as if set out in length herein as constituting the terms, conditions and rates to govern and be charged for sewerage service to all properties served by the sewerage system and disposal facilities owned by the City. (Ord. #960, § 2)

 

 

15-3    AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS, AND DRAINS, PRIVATE WASTEWATER DISPOSAL, THE INSTALLATION AND CONNECTION OF PUBLIC SEWERS, AND THE DISCHARGE OF WATER AND WASTE INTO THE PUBLIC SEWER SYSTEM.

 

15-3.1    Preamble.

   The Federal government has enacted and amended the Federal Water Pollution Control Act now known as the Clean Water Act (33 U.S.C. 1251 et seq.) and the City of Ocean City desires to remain in compliance herewith, and an executed service agreement with the Cape May County Municipal Utilities Authority requires the timely passage of a sewer use ordinance. The City of Ocean City desires to assure that the use of the public wastewater system operated by it or its contracted designees, will conform to the best sanitary engineering practices. The City desires to regulate the use of the public wastewater system. (Ord. #84-5, Preamble)

 

ARTICLE I.  DEFINITIONS

 

15-3.2    Specific Definitions.

   Unless the context of usage indicates otherwise, the meaning of specific terms in this Chapter shall be as follows:

Act shall mean the Clean Water Act, as amended.

BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20°C) degrees Centigrade, expressed in milligrams per liter.

Building Sewer shall mean the extension from a building wastewater plumbing facility to the public wastewater facility.

City shall mean the City of Ocean City.

CMCMUA shall mean the Cape May County Municipal Utilities Authority.

Combined Sewer shall mean a sewer intended to receive both wastewater and storm or surface water.

Commercial User (Class II) shall include any property occupied by a nonresidential establishment not within the definition of an "Industrial User (Class IIII)", and which is connected to the wastewater facilities.

Day shall mean the twenty-four (24) hour period beginning at 12:01 a.m.

EPA shall mean the United States Environmental Protection Agency.

Extraordinary Expense shall mean those costs which are over and above normal operating and maintenance costs incurred as a result of actions by a person or persons.

Garbage shall mean the solid animal and vegetable wastes resulting from the domestic or commercial handling, storage, dispensing, preparation, cooking, and serving of foods.

Industrial User (Class III) shall mean any nonresidential user whose waste does not meet the Restricted Discharge requirements set forth in subsection 15-3.26.

Interference shall mean inhibition or disruption of any sewer system, wastewater treatment process, sludge disposal system, or their operation, which substantially contributes to a violation of applicable discharge permits.

May is permissible, shall is mandatory.

Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake, or any other body of surface or groundwater.

New Jersey Water Company shall mean the entity contracted and franchised by the City to own, operate and administer wastewater facilities located within the City of Ocean City.

NJDEP shall mean the New Jersey Department of Environmental Protection.

NPDES shall mean National Pollutant Discharge Elimination System permit program, whether administered by the EPA or by the State.

Owner shall mean the person or persons who legally own, lease, or occupy private property which discharge, to the wastewater facilities serving the City of Ocean City.

Person shall mean any individual, firm, company, association, society, partnership, corporation, municipality, or other similar organization, agency, or group.

pH shall mean the logarithm of the reciprocal of the hydrogen concentration expressed in grams per liter of solution as determined by Standard Methods.

Pretreatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollution properties in wastewater prior to discharge to the wastewater facilities servicing the City of Ocean City.

Properly Shredded Garbage shall mean garbage that has been shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in the wastewater sewers, with no particle greater than one-half (1/2") inch in any dimension.

Residential User (Class I) shall mean premises used only for human residency and which is connected to the wastewater facilities.

Sanitary Wastewater shall mean wastewater discharged from the sanitary conveniences of dwellings, office buildings, industrial plants, or institutions.

Shall is mandatory, may is permissible.

Standard Methods shall mean the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, Water Pollution Control Federation and American Water Works Association.

State shall mean the State of New Jersey.

Storm Sewer shall mean a sewer for conveying storm, surface, and other waters, which is not intended to be transported to a treatment facility.

Surface Water shall mean water which occurs when the rate of precipitation exceeds the rate at which water may infiltrate into the soil, including oceans, bays, estuaries, etc.

Suspended Solids shall mean the total suspended matter that either floats on the surface of, or is in suspension in, water or wastewater, as determined by Standard Methods.

Toxics shall mean any of the pollutants designated by Federal regulations pursuant to Section 307(a)(1) of the Act.

Wastewater shall mean a combination of liquid and watercarried waste from residences, commercial buildings, industries, and institutions, together with any groundwater, surface water, or storm water that may be present.

Wastewater Facility shall mean the combination of the wastewater sewers, pumping stations, appurtenances and treatment facilities.

Wastewater Sewer shall mean the structures, processes, equipment and arrangements necessary to collect and transport wastewaters to the wastewater treatment facility.

Wastewater Treatment Facility shall mean the structures, processes, equipment and arrangements necessary to treat and discharge wastewaters.

WPCF shall mean the Water Pollution Control Federation.

(Ord. #84-5, A 1, § 1)

 

ARTICLE II.  GENERAL PROVISIONS

 

15-3.3    Purpose.

   The purpose of this section is to provide for the maximum possible beneficial public use of the wastewater facilities through regulation of sewer construction, sewer use, and wastewater discharges into the wastewater facilities and to provide procedures for complying with the requirements contained herein. (Ord. #84-5, A II, § 1)

 

15-3.4    Scope.

a.     The definitions of terms used in this section are found in Article I. The provisions of this section shall apply to the discharge of all wastewater to wastewater facilities in the City. This section provides for use of the wastewater facilities, regulation of sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment required, sewer construction plans, issuance of Wastewater Discharge Permits, minimum sewer connection standards and conditions, and penalties and other procedures in cases of violation of this section.

        (Ord. #84-5, AII, § 2)

 

15-3.5    Administration.

The administration, implementation and enforcement of the provisions of this section, except as otherwise provided herein, shall be the joint responsibility of the City, CMCMUA, and New Jersey Water Company. Each agrees to cooperate and work with each other in the administration of the section.

   The CMCMUA agrees that it shall be responsible, either directly, or through contracted agents, to measure and sample wastewater discharge if necessary, to ensure that discharge to the wastewater facilities are in accordance with the provisions of this section. In the event that such measurement, sampling, or analyses is necessary the cost and expense shall be borne exclusively by the CMCMUA.

(Ord. #84-5, A II, § 3)

 

15-3.6    Notice of Violation.

   Any person found in violation of this section or any requirement of a permit issued hereunder, may be served with a written notice stating the nature of the violation and providing a reasonable time limit for compliance. Any such notice given shall be in writing and served in person or by registered or certified mail. The notice shall be sent to the last known address of the violator. Where the address is unknown, service may be made upon the owner of record of the property involved. If satisfactory action is not taken in the time allotted by the notice, subsection 15-3.7 shall be implemented. (Ord. #84-5, A II, § 4)

 

15-3.7    Violations.

a.     Any person who continues to violate the discharge provisions of this section beyond the time limit provided for in subsection 15-3.6, may be charged with commission of a misdemeanor and upon conviction thereof, shall be liable to the penalty stated in Chapter I, Section 1-6, for each day the violation continues and may be subject to disconnection from the wastewater facilities. Additionally, the violator may also be subject to disconnection of water service by the New Jersey Water Company, prior to conviction for such violation.

b.     In addition, if a violation causes an extraordinary expense to any operating component of the wastewater facilities in the City, the person causing such violation shall be liable for the full amount of the extraordinary expense plus any costs incurred by the entity pursuing enforcement of these provisions. The City will transfer any such reimbursement to the person suffering the injury or incurring the expenses.

c.     Each day or portion thereof a violation continues shall constitute a separate violation.

        (Ord. #84-5, A II, § 5)

 

15-3.8    Inspections.

a.     The City, CMCMUA, or New Jersey Water Company personnel, or contracted designees, bearing proper credentials and identification, shall be permitted to enter the property of any Residential, Commercial or Industrial User of the Wastewater Sewer at any reasonable time for the purpose of inspection, observation, measurement, and sampling of the wastewater discharge to ensure that discharge to the wastewater facilities is in accordance with the provisions of this section.

b.     While performing the necessary work on private properties referred to in subsection 15-3.8a., all persons shall observe all safety rules established by the owner or occupant of the property and applicable to the premises.

c.     During the performance on private property of inspections, wastewater sampling, or other similar operations referred to in subsection 15-3.8a. above, the owner and occupant shall be:

1.     Held harmless for personal injury to or death of the inspecting personnel and loss of or damage to supplies or equipment utilized in the inspection or sampling,

2.     Indemnified against loss of or damage to property of the owner or occupant by the inspecting personnel and

3.     Indemnified against personal injury to or death of inspecting personnel or for loss of or damage to property used by the inspectors in the process of inspecting or sampling, except as may be caused by the negligence or failure of the owner or occupant to maintain safe conditions.

        (Ord. #84-5, A II, § 6)

 

15-3.9    Vandalism.

   No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any persons who violate this subsection shall be guilty of a misdemeanor and, upon conviction, shall be liable to the penalty established in Chapter I, Section 1-6. The fine shall be in addition to payment of damages incurred by a wastewater facility operating entity. (Ord. #84-5, A II, § 7)

 

15-3.10  Severability.

   A finding by any court or other jurisdiction that any other part or provision of this section is invalid shall not affect the validity of any other part or provision of this section which can be given effect without the invalid parts or provisions. (Ord. #84-5, A II, § 8)

 

15-3.11  Accidental Spills.

   Any person, persons, or businesses responsible in part or in whole for an accidental spill into the wastewater facilities, or to public or private property, or into surrounding bodies of water, shall immediately report each occurrence to the Ocean City Police Department, and the CMCMUA and New Jersey Water Company. (Ord. #84-5, A II, § 9)

 

ARTICLE III.  USE OF WASTEWATER FACILITIES

 

15-3.12  Waste Disposal.

   It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under jurisdiction of said City any human or animal excrement, garbage, or other objectionable waste. (Ord. #84-5, A III, § 1)

 

15-3.13  Wastewater Discharges.

   It shall be unlawful to discharge without an NPDES permit to any natural outlet within the City or in any geographical area under its jurisdiction. Wastewater discharges to the wastewater facilities are not authorized unless in accordance with provisions of this section. (Ord. #84-5, A III, § 2)

 

15-3.14  Wastewater Disposal.

   Except as provided in this section, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. (Ord. #84-5, A III, § 3)

 

15-3.15  Connection to Wastewater Sewer.

   Any person requesting connection to the wastewater facilities may only do so through the wastewater sewers owned by the City or the New Jersey Water Company. No person may be permitted to directly discharge into the wastewater facilities owned by the Cape May County Municipal Utilities Authority (CMCMUA). (Ord. #84-5, A III, § 4)

 

ARTICLE IV.  PRIVATE WASTEWATER DISPOSAL

 

15-3.16  Private Wastewater Disposal Systems Prohibited.

   No private wastewater disposal system shall be permitted in the City of Ocean City. (Ord. #84-5, A IV, § 1)

 

ARTICLE V.  BUILDING SEWERS AND CONNECTIONS

 

15-3.17  Service Application.

a.     No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any wastewater sewer without first obtaining a written service application from the New Jersey Water Company.

b.     There shall be three (3) classes of service applications for connections to the wastewater facilities: Class I-residential, Class II-commercial, and Class III-industrial. In all cases, the owner shall make application to the New Jersey Water Company for a service application to connect to any wastewater sewers located within the City.

        (Ord. #84-5, A V, § 1)

 

15-3.18  Connection Costs.

   The costs and expenses incidental to the connection to the building sewer shall be borne by the owner. The New Jersey Water Company shall install the connections between the building sewers and the wastewater sewers located within the City. (Ord. #84-5, A V, § 2)

 

15-3.19  Existing Building Sewers.

Existing building sewers may be used for connection of new buildings only when they are found on examination and test by the City and/or the New Jersey Water Company to meet the requirements of this section. (Ord. #84-5, A V, § 3)

 

15-3.20  Building Sewer Design.

   The size, slope, alignment, construction materials, trench excavation and backfill methods, pipe placement, joining and testing methods used in the construction and installation of a building sewer shall conform to the building and plumbing code or other applicable requirements of the New Jersey Department of Environmental Protection, the City and/or the New Jersey Water Company. (Ord. #84-5, A V, § 4)

 

15-3.21  Building Sewer Elevation.

Whenever practicable, the building sewer shall be brought to a building at an elevation below the basement floor. In buildings in which any building drain is too low to permit gravity flow to the wastewater sewer, wastewater carried by such building drain shall be lifted by an approved means and discharged to a building sewer draining to the wastewater sewer. (Ord. #84-5, A V, § 5)

 

15-3.22  Surface Runoff and Groundwater Drains.

a.     No person shall connect roof, foundation, areaway, parking lot, roadway, or other surface runoff or groundwater drains to any sewer which is connected to a wastewater treatment facility.

b.     All roof, foundation, areaway, parking lot, roadway, or other surface runoff or groundwater drains shall discharge to natural outlets or storm sewers.

        (Ord. #84-5, A V, § 6)

 

15-3.23  Conformance to Applicable Codes.

a.     The connection of a building sewer into a wastewater sewer shall conform to the requirements of the building and plumbing code or other applicable requirement of the City, the New Jersey Water Company and/or the NJDEP.

           The connections shall be made gastight and watertight and verified by proper testing.

b.     The connection of a surface runoff or groundwater drain to a storm sewer or natural outlet designed to transport surface runoff or groundwater drainage shall conform to the requirements of the applicable building code or other applicable requirements of the City.

        (Ord. #84-5, A V, § 7)

 

15-3.24  Excavation Guards and Property Restoration.

   Excavations for buildings sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City. (Ord. #84-5, A V, § 8)

 

15-3.25  Protection of Capacity for Existing Users.

   The New Jersey Water Company shall not accept a customer service application for any class of connection to the wastewater sewers or wastewater treatment facilities unless there is sufficient capacity, not legally committed to other users, in the wastewater sewers and treatment facilities to convey and adequately treat the quantity of wastewater which the requested connection will add to the system. (Ord. #84-5, A V, § 9)

 

ARTICLE VI.  CONDITIONS ON USE OF THE WASTEWATER SEWERS

 

15-3.26  Restricted Connections.

   All discharges of stormwater, surface water, groundwater, roof runoff, and subsurface drainage shall be made to storm sewers or natural outlets designed for such discharges. Any connection, drain, or arrangement which will permit any such waters to enter any wastewater sewer shall be deemed to be a violation of this subsection and this Chapter. (Ord. #84-5, A VI, § 1)

 

15-3.27  Restricted Discharges.

a.     No person shall discharge or cause to be discharged to any of the wastewater facilities any substances, materials, waters, or wastes in such quantities or concentrations which will:

1.     Create a fire or explosion hazard, including, but not limited to, gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas; including but not limited to any liquid having a flash point lower than two hundred thirty-five (235°F) degrees Fahrenheit as determined by the Tagliabue closed cup method.

2.     Cause corrosive damage or hazard to structures, equipment, or personnel of the wastewater facilities, but in no case discharges having a pH lower than five point five (5.5) or greater than nine point zero (9.0).

3.     Cause obstruction to the flow in sewers, or other interference with the operation of wastewater facilities due to accumulation of solid or viscous materials.

4.     Contain fats, wax or grease, or oils, whether emulsified or not, in excess of one hundred (100) milligrams per liter (mg/1) or containing substances which may solidify or become viscous at temperatures between thirty-two (32°F) degrees Fahrenheit and one hundred fifty (150°F) degrees Fahrenheit.

5.     Have a temperature higher than one hundred fifty (150°F) degrees Fahrenheit of sixty-five (65°C) degrees Centigrade.

6.     Contain phenolic compounds over one point zero (1.0) parts per million, expressed as phenol.

7.     Contain any radioactive substances.

8.     Have a bio-chemical oxygen demand (5-Day BOD) in excess of three hundred fifty (350) milligrams per liter (mg/1).

9.     Have a suspended solids content in excess of three hundred (300) milligrams per liter (mg/1), or containing suspended solids of such character or specific gravity that unusual attention or expense is required to handle or treat such materials.

10.   Contain corrosive, toxic, or poisonous substances in sufficient quantity to cause injury, damage or hazard to personnel, structures or equipment, or interfere with the wastewater facilities including but not limited to any portion of the liquid or solids treatment or handling processes, or that which will pass through the treatment facilities in such condition that they will not achieve State, Federal, or other existing, pending, or future requirements for the effluent discharge, including but not limited to the NPDES permit requirements imposed upon the Cape May County Municipal Utilities Authority.

11.   Cause unusual volume or concentration of wastes being delivered in a "slug" manner by which it is meant that the normal (i.e. twenty-four (24) hour average) concentration of loadings shall not be exceeded by more than a factor of four point zero (4.0) for any sixty (60) minute period.

12.   Have objectionable color which is not removable in the wastewater treatment facility.

13.   Be discharged by tank trucks into manholes or appurtenances of the wastewater sewer system, including but not limited to septic tank wastes. These septic tank wastes will, however, be accepted directly at the CMCMUA Wastewater Treatment Facilities.

14.   Contain noxious, malodorous gas or substance which is present in quantities that create a public nuisance or a hazard to public health.

15.   Contain any garbage that has not been properly shredded.

            If any wastewaters are discharged or are proposed to be discharged to the wastewater facilities which consist of the substances or possess the characteristics enumerated above, or which may be set forth by regulatory agencies now or in the future, and which in the judgment of the City, the Cape May County Municipal Utilities Authority and/or the New Jersey Water Company, have a deleterious effect upon the wastewater facilities or constitute a public nuisance, the City may:

(a)     Reject the wastes;

(b)     Require pretreatment to an acceptable condition prior to discharge into the wastewater sewer system;

(c)      Require control over the quantities and rates of discharge; and/or

(d)     Take such other action as it may deem appropriate.

         (Ord. #84-5, A VI, § 2)

 

15-3.28  Water Conservation.

   In an effort to conserve water resources, no discharger shall be permitted to dilute their waste to avoid violation of subsection 15-3.27. (Ord. #84-5, A VI, § 3)

 

ARTICLE VII. INDUSTRIAL DISCHARGES/PRETREATMENT STANDARDS

 

15-3.29  Discharge Restrictions.

   No persons shall discharge or cause to be discharged to any wastewater facilities, wastewaters containing substances, and/or concentration of substances prohibited in Article VI, as indicated herein. (Ord. #84-5, A VII, § 1)

 

15-3.30  Application for Industrial Discharge.

   Should an Industrial Discharger (Class III) request connection to the wastewater facilities, the CMCMUA, City and New Jersey Water Company shall:

   Prior to authorizing such discharge, require that sufficient information be provided in order to evaluate the waste material proposed to be discharged to ascertain compliance with Article VI of this section.

   If in the opinion of the CMCMUA, and New Jersey Water Company the waste is not in compliance with the requirements of Article VI, the potential discharger will be required to provide adequate pretreatment facilities for the wastes in order to bring the material proposed for discharge into the wastewater facilities into full compliance, or the Industrial Discharger will be denied access into the wastewater facilities.

(Ord. #84-5, A VII, § 2)

 

15-3.31  Noncompliance.

   If the City, CMCMUA, and New Jersey Water Company have reason to believe that any discharger is in violation of Article IV, one or both of the following actions may be taken:

   Request additional information in an effort to evaluate the quality and quantity of the material discharged.

   Monitor the wastewater.

   If the discharger is found to be in violation of Article VI, the CMCMUA, City and New Jersey Water Company shall require the installation of pretreatment facilities within a specified time to be determined by the City, CMCMUA and/or New Jersey Water Company. If such facilities are not constructed and delivering a waste in compliance with the provisions of this section within the specified time, the New Jersey Water Company may disconnect the discharge from the wastewater facilities according to provisions set forth in Article II.

(Ord. #84-5, A VII, § 3)

 

15-3.32  Determination of Wastewater Characteristics.

a.     Measurements, tests, and analyses of the characteristics of wastewater to which reference is made in this section shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association or such alternative methods used by the New Jersey Water Company in compliance with State and Federal law. Sampling methods, locations times, durations, and frequencies are to be determined on an individual basis subject to the approval by the CMCMUA and the New Jersey Water Company. Notwithstanding the provisions of subsection 15-3.5, regarding responsibility for measurement and sampling of wastewater discharges, the discharger shall be liable for all costs incurred by the CMCMUA or New Jersey Water Company in the determination of wastewater characteristics pursuant to this subsection 15-3.30. The discharger shall have the option to use, at his own expense, more complete sampling methods, locations, times, and frequencies than specified by the CMCMUA and the New Jersey Water Company.

b.     Measurements, tests, and analyses of the characteristics of wastewater required by this section shall be performed by a New Jersey State certified laboratory.

        (Ord. #84-5, A VII, § 4)

 

15-3.33  Costs of Damage.

   If the drainage or discharge from any person/owner causes a deposit, obstruction, or damage to any of the wastewater facilities located in the City, the CMCMUA or the New Jersey Water Company, depending upon which of these entities have operating responsibility for the obstructed section of the wastewater facility, shall cause the deposit or obstruction to be promptly removed or cause the damage to be promptly repaired. The cost for such work, including materials, labor, supervision, permits, engineering, and legal fees shall be borne by the person/owner causing such deposit, obstruction, or damage. (Ord. #84-5, A VII, § 5)

 

15-3.34  Confidentiality.

   The CMCMUA, City and New Jersey Water Company shall implement reasonable measures to ensure the confidentiality of the information provided by a Class III discharger, if so requested. (Ord. #84-5, A VII, § 6)

 

 

15-4    ILLICIT CONNECTIONS TO MUNICIPAL STORM SEWER AND WASTEWATER SEWER SYSTEMS.

 

15-4.1    Purpose.

   The purpose of this section is to prohibit illicit connections to the Ocean City Storm Sewer and Wastewater Sewer System(s) so as to protect the public health, safety and welfare and to prescribe penalties for the violation thereof. (Ord. #06-38, § 1)

 

15-4.2    Definitions.

   The following terms, phrases, words and their derivations shall have the meanings sated herein unless their use in the text of this section 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 shall mean waste and wastewater from humans or household operations.

Illicit connection shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the City of Ocean City, 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 shall mean 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) shall mean 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 the City of Ocean City or other public body, and is designed and used for collecting and conveying stormwater.

NJPDES permit shall mean 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.

Non-contact cooling water shall mean 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.

Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

Process wastewater shall mean 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 non-contact cooling water.

Stormwater shall mean 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 sewage or drainage facilities, or is conveyed by snow removal equipment.

(Ord. #06-38, § 1)

 

15-4.3    Prohibited Conduct.

   No person shall discharge or cause to be discharged through a connection to the municipal storm sewer system any wastewater (other than stormwater). (Ord. #06-38, § 1)

 

15-4.4    Penalties.

   Violations of this section shall be subject to a fine not to exceed five hundred ($500.00) dollars or imprisonment not to exceed ninety (90) days or both. (Ord. #06-38, § 1)

 

 

15-5    PRIVATE STORM DRAIN INLET RETRO-FITTING.

 

15-5.1    Purpose.

   The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the City of Ocean City so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. (Ord. #09-14, § 1)

 

15-5.2    Definitions.

   For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section 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.

Municipal separate storm sewer system (MS4) shall mean 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 the City of Ocean City or other public body, and is designed and used for collecting and conveying stormwater. 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.

Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

Storm drain inlet shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

Waters of the State shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

(Ord. #09-14, § 1)

 

15-5.3    Prohibited Conduct.

   No person in control of private property (except a residential lot with one (1) single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:

a.     Already meets the design standard below to control passage of solid and floatable materials; or

b.     Is retrofitted or replaced to meet the standard in subsection 15-5.4 below prior to the completion of the project.

        (Ord. #09-14, § 1)

 

15-5.4    Design Standard.

   Storm drain inlets identified in subsection 15-5.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, “solid and floatable materials” means sediment, debris, trash, and other floating, suspended, or settleable solids.  For exemptions to this standard see subsection 15-5.4c. below.

a.     Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

1.     The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

2.     A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension. 

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains.  Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

b.     Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two (2) or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0") inches across the smallest dimension.

c.     This standard does not apply:

1.     Where the city engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

2.     Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

(a)     A rectangular space four and five-eighths (4 5/8") inches long and one and one-half (1 1/2") inches wide (this option does not apply for outfall netting facilities); or

(b)     A bar screen having a bar spacing of 0.5 inches.

3.     Where flows are conveyed through a trash rack that has parallel bars with one (1") inch spacing between the bars; or

4.     Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

        (Ord. #09-14, § 1)

 

15-5.5    Enforcement.

   This section shall be enforced by the Police Department, Zoning Official and/or Code Enforcement Officer of the City of Ocean City.  (Ord. #09-14, § 1)

 

15-5.6    Penalties.

   Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed two hundred fifty-five ($255.00) dollars for each storm drain inlet that is not retrofitted to meet the design standard. (Ord. #09-14, § 1)

 

 

CHAPTER XV SEWER AND WATER
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