The City of Newark has enacted Ordinances in order to comply with state and federal regulations. The City of Newark is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Newark will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Newark, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Newark has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
a. No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the City of Newark any domestic waste, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
It shall be unlawful to discharge any wastewater or other polluting material into any natural outlet within the City, except where suitable treatment has been provided and where an NPDES permit has been obtained from the appropriate governmental authority where required.
No person shall maliciously, intentionally, or negligently break, damage, destroy, uncover, deface, remove, or tamper with any structure, appurtenance, or equipment that is part of the wastewater facilities or separate storm drainage system.
a. Violations of any of the provisions of this Title or any permit issued under the authority of this Title, may result in the termination of the permit and/or termination of the authority to discharge to the public wastewater facilities.
b. Any person violating any of the provisions of this Title shall, upon conviction, be subject to a fine not to exceed one thousand ($1,000.00) dollars and/or imprisonment not to exceed ninety (90) days, or both, per violation. Each and every day during which a violation of any provision of this Title exists shall constitute a separate violation.
Exceptions to the afforested fine shall include cases of personal and/or property damage, where, in addition to the above fine, a violator shall be liable for any expense, loss, or damage occasioned by the City by reason of a violation.
No person shall discharge or cause to be discharged any of the following wastes into any public sewer:
a. Wastes that may create a fire or explosion hazard in the sewer or wastewater facility, such as gasoline, fuel oil, cleaning solvents, etc.;
b. Wastes that may impair or cause to impair the hydraulic capacity of the sewerage system, such as ashes, sand, metal, precipitates, etc.;
c. Wastes that contain toxic wastes in toxic amounts;
d. Wastes discharged at a flow rate that is excessive over a relatively short period of time, such that there is an upset of the treatment process and a substantial loss of treatment efficiency;
e. Wastes that may: create a hazard to people; create a hazard or cause damage to the wastewater facilities; endanger or interfere with the treatment process; create a hazard to receiving waters; or result in a violation of effluent limitations or other conditions contained in any NPDES permit;
f. Radioactive wastes or isotopes of such half-life or concentration that may exceed limits established by the City, JMEUC, SRJM, or PVSC in compliance with applicable State or Federal regulations;
g. Noxious or malodorous wastes capable of creating a public nuisance.
No industrial user shall directly or indirectly discharge or cause to be discharged any of the following wastes to the wastewater facilities controlled by the City, JMEUC, PVSC, or SRJM without the controlling organization's prior written permission:
a. Wastes with a temperature in excess of 150°F (65°C);
b. Wastes containing more than 100 mg/L mineral oil or grease;
c. Wastes containing floatable oil;
d. Waste containing heavy metals;
e. Wastes discharged at such a concentration or rate so as to constitute a slug;
f. Wastes with pH outside the limits of 5.0 to 9.0;
g. Wastes containing toxic wastes in less than toxic amounts.
Permission to discharge the above wastes may be granted upon a determination by the controlling organization (i.e. the City, JMEUC, SRJM, and/or PVSC) that the proposed discharge will not be detrimental to the wastewater facilities or the receiving waters; the burden of proof in such cases shall lie with the discharger.
No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer.
Storm and other unpolluted drainage shall be discharged to such sewers as are specially designated as combined sewers or storm sewers or to a natural outlet as approved by the Director of the Department of Water and Sewer Utilities. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the Director of the Department of Water and Sewer Utilities, to a storm sewer, combined sewer or a natural outlet, provided that a NJPDES permit has been approved by the N.J. Department of Environmental Protection, Division of Water Resources.
a. Scope and Purpose.
1. Policy Statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact techniques shall be explored before relying on structural Best Management Practices (BMPs). Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
Standards for Structural Stormwater Management Measures.
1. Standards for structural stormwater management measures are as follows:
(a) Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone).
(b) Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one-inch (1”) spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third (1/3) the width of the diameter of the orifice or one-third (1/3) the width of the weir, with a minimum spacing between bars of one-inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Section 38:10-47h,2.
(c) Structural stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant.
(d) At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of two and one-half (2.5) inches in diameter.
(e) Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins
Safety Standards for Stormwater Management Basins.
1. This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.
2. Requirements for Trash Racks, Overflow Grates and Escape Provisions.
(a) A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:
(1) The trash rack shall have parallel bars, with no greater than six (6) inch spacing between the bars.
(2) The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.
(3) The average velocity of flow through a clean trash rack is not to exceed two and one-half (2.5) feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack.
(4) The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of three hundred (300) lbs./ft. sq.
(b) An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
(1) The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance;
(2) The overflow grate spacing shall be no less than two (2) inches across the smallest dimension;
(3) The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of three hundred (300) lbs./ft. sq.
(c) For purposes of this paragraph (c), escape provisions means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
(1) If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Section 38:10-47h,3 a freestanding outlet structure may be exempted from this requirement.
(2) Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than two and one-half (2.5) feet. Such safety ledges shall be comprised of two (2) steps. Each step shall be four (4) to six (6) feet in width. One step shall be located approximately two and one-half (2.5) feet below the permanent water surface, and the second step shall be located one (1) to one and one-half (1.5) feet above the permanent water surface.
(3) In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than 3 horizontal to 1 vertical.
Maintenance and Repair.
2. General Maintenance.
(a) The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
(b) The maintenance plan shall contain specific preventative maintenance tasks and schedules.
(c) The maintenance plan for major developments shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual available online here. If the maintenance plan identifies a person other than the developer (for example, a property owner or homeowners’ association) as having the responsibility for maintenance, the plan shall include documentation of such person’s agreement to assume this responsibility, or of the developer’s obligation to dedicate a stormwater management facility to such person under an applicable section or regulation.
(d) Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. Under no circumstances shall the responsibility for maintenance be assigned, designated, assumed or transferred to the City of Newark unless the development is undertaken by the City.
(e) The maintenance plan shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f) Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.
(g) For major development projects, the person responsible for maintenance shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
(h) For major development projects, the person responsible for maintenance shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(i) The person responsible for maintenance shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required above.
(k) In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the City of Newark shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have fourteen (14) days to effect maintenance and repair of the facility in a manner that is approved by the Departments of Engineering and Water and Sewer Utilities. The City of Newark, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the City of Newark may immediately proceed to do so and shall impose a lien or use other remedies to collect the cost thereof to the responsible person.