ORDINANCE NO. 2006 - #6

AN ORDINANCE TO AMEND CHAPTER 101, DUMPING OF REFUSE AND GARBAGE, OF THE REVISED ORDINANCES OF THE BOROUGH OF RINGWOOD TO PROVIDE REGULATIONS REGARDING THE IMPROPER DISPOSAL OF WASTE

BE IT ORDAINED by the Municipal Council of the Borough of Ringwood, County of Passaic and State of New Jersey, that Chapter 101, Dumping of Refuse and Garbage, of the Revised Ordinances of the Borough of Ringwood is amended to provide for the following additional regulations:

SECTION 1. The Revised Ordinances of the Borough of Ringwood, Chapter 101 are hereby amended and supplemented by the addition of the following Article 2: “Improper Disposal of Waste” to provide as follows:

Article 2

Improper Disposal of Waste

101-2.1 Purpose

101-2.2 Definitions

101-2.3 Prohibited Conduct

101-2.4 Exceptions to Prohibition

101-2.5 Enforcement

101-2.6 Penalties

101-2.7 Severability

101-2.8 Effective Date

101-2.1 Purpose

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

101-2.2 Definitions

For the purpose of this ordinance, 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.

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 [insert name of municipality] 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.

101-2.3 Prohibited Conduct

The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Ringwood 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.

101-2.4 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, deck, patio, driveway, house 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 their use for their 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; and

- 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.

j. Power washing of houses, decks and porches.

101-2.5 Enforcement

This ordinance shall be enforced by the police department and/or the code enforcement officer of the Borough of Ringwood.

101-2.6 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 $2,000.00.

101-2.7 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.

101-2.8 Effective Date

This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

Introduced: March 7, 2006

Adopted: March 21, 2006

__________________________

JOANNE ATLAS, MAYOR

Attest:

_______________________

Kelley A. ROHDE, RMC

Borough Clerk