Borough of Hillsdale

Ordinance No. 07-07

An Ordinance to Prohibit the Spilling, Dumping, or Disposal of Materials Other Than Storm Water to the Municipal Storm Sewer System in the Borough of Hillsdale

SECTION I. Purpose:

An ordinance to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm water sewer system (MS4) operated by the Borough of Hillsdale so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

SECTION II. Definitions:

For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have 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.

a. Municipal separate storm sewer system (MS4)- 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 Borough of Hillsdale or other public body, and

is designed and used for collecting and conveying stormwater.

b. Person- any individual, corporation, company, partnership, firm, association, or

political subdivision of this State subject to municipal jurisdiction.

c. 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.

SECTION III. Prohibited Conduct:

The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Hillsdale is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.

SECTION IV. Exceptions to Prohibition:

a. Water line flushing and discharges from potable water sources

b. Uncontaminated ground water (e.g. infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters)

c. Air conditioning condensate (excluding contact and non-contact cooling water)

d. Irrigation water (including landscape and lawn watering runoff)

e. Flows from springs, riparian habitats and wetlands, water reservoir discharges and

diverted stream flows

f. Residential car washing water, and residential swimming pool discharges

g. Sidewalk, driveway and street wash water

h. Flows from fire fighting activities

i. Flows from rinsing of the following equipment with clean water:

- Beach maintenance equipment immediately following its use for its

intended purposes; and

- Equipment used in the application of salt and de-icing materials immediately

following salt and de-icing material applications. Prior to rinsing with clean

water, all residual salt and de-icing materials must be removed from equipment

and vehicles to the maximum extent practicable using dry cleaning methods

(e.g. shoveling and sweeping). Recovered materials are to be returned to storage

for reuse or properly discarded.

Rinsing of equipment, as noted in the above situation is limited to exterior,

undercarriage, and exposed parts and does not apply to engines or other

enclosed machinery.

SECTION V. Enforcement:

This ordinance shall be enforced by the Borough of Hillsdale Police Department and Construction Code Official.

SECTION VI. Penalties:

Any person(s) who continues to be in violation of the provisions of this ordinance, after being duly notified, shall be subject to a fine not to exceed $500.

SECTION VII. Severability:

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.