Separate Stormwater Sewer System Ordinance
§ 276-36 Definitions.
As used in this Article III, the following terms shall have the meanings indicated:
Waste and wastewater from humans and household operations.
Any physical or nonphysical connection that discharges domestic sewage, noncontact cooling water, process wastewater or other industrial waste (other than stormwater) into the municipal separate storm sewer system operated by the Township of North Brunswick, unless that discharge is authorized under a New Jersey Pollutant Discharge Elimination System Permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but shall not be limited to, leaks, flows or overflows into the municipal separate storm sewer system.
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 or STORMWATER SEWER
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 the Township of North Brunswick or other public body and is designed and used for collecting and conveying stormwater.
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.
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, byproduct 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.
§ 276-37 Prohibited conduct.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as the municipal separate storm sewer system or to a natural outlet approved by the Township Engineer. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Township Engineer, to the municipal separate storm sewer system or a natural outlet.
A. Prohibited conduct. The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Township of North Brunswick is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants into the municipal separate storm sewer system is also prohibited.
B. Exceptions to prohibition:
(1) Waterline flushing and discharges from potable water sources.
(2) Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
(3) Air-conditioning condensate (excluding contact and noncontact cooling water).
(4) Irrigation water (including landscape and lawn watering runoff).
(5) Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
(6) Residential car washing water and residential swimming pool discharges.
(7) Sidewalk, driveway and street wash water.
(8) Flows from fire-fighting activities.
(9) Flows from rinsing of the following equipment with clean water:
(a) Beach maintenance equipment immediately following their use for their intended purposes; and
(b) 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 or 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.
§ 276-38 Illicit connections prohibited.
Prohibited conduct. 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 North Brunswick any domestic sewage, noncontact cooling water, process wastewater or other industrial waste, other than stormwater.
§ 276-39 Enforcement.
This article shall be enforced by the Police Department and the Department of Public Works of the Township of North Brunswick.
§ 276-40 Violations and penalties.
Any person(s) who continues to be in violation of the provisions of this article after being duly notified shall be subject to a fine not to exceed $500.
§ 276-41 Private storm drain inlet retrofitting.
[Added 8-2-2010 by Ord. No. 10-18]
A. Retrofitting mandatory. All existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property shall be retrofitted in accordance with the requirements of this section 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 operated by the Township of North Brunswick, to protect the public health, safety and welfare.
B. 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:
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 the Township of North Brunswick or other public body, and is designed and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORM DRAIN INLET
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
The ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
C. Prohibited conduct. No person in control of private property (except a residential lot with one 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:
(1) Already meets the design standard below to control passage of solid and floatable materials; or
(2) Is retrofitted or replaced to meet the standard in § 276-41D below prior to the completion of the project.
D. Design standard. Storm drain inlets identified in § 276-41C above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 276-41D(3) 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:
 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
 A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.
(b) 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.
(c) Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
(2) 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 or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
(3) This standard does not apply:
(a) Where the Municipal 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;
(b) 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 rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
 A bar screen having a bar spacing of 0.5 inch.
(c) Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
(d) 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.
E. Enforcement. This section shall be enforced concurrently by the Director of Community Development and/or his or her designee and by the Municipal Code Enforcement Officer.
F. Penalties. Any person(s) found to be in violation of the provisions of this section shall be subject to a fine not to exceed $500 for each storm drain inlet that is not retrofitted to meet the design standards set forth herein.