Jersey City has enacted Stormwater Control Ordinances in order to comply with state and federal regulations. Jersey City 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. Jersey City will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Jersey City, 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. Jersey City has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
3. Standards for Structural Stormwater Management Measures.
A. Stormwater Management Measures for Major and Minor Development shall be designed to provide Erosion control, groundwater Recharge, Stormwater Runoff quantity control, and Stormwater Runoff quality treatment as follows:
1.The minimum standards for Erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
2.The minimum standards for groundwater Recharge, Stormwater quality, and Stormwater Runoff quantity shall be met by incorporating Green Infrastructure.
B. Unless otherwise indicated, the standards in this section apply only to new Major and Minor Development as defined herein and are intended to minimize the impact of Stormwater Runoff on water quality and water quantity in receiving water bodies and achieve additional environmental benefits, including maintaining groundwater Recharge. The standards do not apply to new Major Development to the extent that alternative design and performance standards are applicable under a regional Stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.
Safety Standards for Stormwater Management Basins.
A. 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. In the event of any conflict between this section and the Jersey City Stormwater Management Plan, the stricter provision shall apply.
B. Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1. 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:
a. The trash rack shall have parallel bars, with no greater than six inch spacing between the bars.
b. The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.
c. The average velocity of flow through a clean trash rack is not to exceed two and one-half 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.
d. 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.
2. 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:
a. The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
b. The overflow grate spacing shall be no less than two inches across the smallest dimension.
c. 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.
3. For purposes of this paragraph 3, 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:
a. 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 a free-standing outlet structure may be exempted from this requirement.
b. 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 feet. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately two and one-half feet below the permanent water surface, and the second step shall be located one to one and one-half feet above the permanent water surface.
c. In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
Maintenance and Repair.
B. General Maintenance.
1. The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
2. The maintenance plan 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. If the maintenance plan identifies a person other than the developer (for example, a public agency 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 ordinance or regulation.
3. 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.
4. If the person responsible for maintenance identified above is not a public agency, the maintenance plan and any future revisions shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
5. Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs to or replacement of 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.
6. The person responsible for maintenance identified above 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.
7. The person responsible for maintenance identified above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
8. The person responsible for maintenance identified above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site including the JCMLJA, the maintenance plan and the documentation required above.
9. The requirements of Sections 3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
10. 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 municipality 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 Chief Engineer of the JCMUA or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person falls or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person.
11. The JCMUA has the authority to institute a permit system to enforce the maintenance and repair requirements in this section.
Additional sewage discharge regulations.
A. Improper Disposal of Waste.
(1) Beach maintenance equipment immediately following their use for their intended purpose; and
(2) 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. 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.
(3) Prohibited Conduct. The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Jersey City Municipal Utilities Authority 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.
(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, driveway and street wash water; flows from firefighting activities;
(h) Flows from rinsing of the following equipment with clean water:
(5) Enforcement. This ordinance shall be enforced by employees of the JCMUA and the employees of the City of Jersey City, including its police officers.
(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 One Thousand Two Hundred and Fifty Dollars ($1,250.00) per day.
(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.
C. Illicit Connection.
(3) 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 Jersey City Municipal Utilities Authority any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
(4) Enforcement. This ordinance shall be enforced by employees of the JCMUA and the employees of the City of Jersey City, including its police officers.
(5) Penalties. Any person(s) who is found to be in violation of the provisions of this Ordinance shall be subject to a fine not to exceed One Thousand Two Hundred and Fifty Dollars ($1,250.00) per day.
(6) 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.