Document Text
--- Document: Stormwater Ordinance #24-08 Storage of Salt/De-Icing Materials Document ---
ORDINANCE 24-08
AN ORDINANCE ADDING CHAPTER 144, ENTITLED “STORAGE
OF SALT AND OTHER SOLID DE-ICING MATERIALS ON
PROPERTIES NOT OWNED OR OPERATED BY THE CITY OF
SOUTH AΜΒΟΥ"
BE AND IT IS HEREBY ORDAINED by the Council of the City of South
Amboy, Middlesex County, New Jersey, that the Code of the City of South Amboy
be amended and supplemented as follows:
§144-1
Add: Chapter 144
Storage of Salt and Other Solid De-Icing Materials
Findings; purpose.
The South Amboy City Council finds that improper and unregulated storage of salt
and other solid materials can result in those materials being exposed to stormwater.
The purpose of this ordinance is to prevent stored salt and other solid de-icing
materials from being exposed to stormwater by establishing requirements for the
storage of salt and other solid de-icing materials on properties not owned or operated
by the municipality, including residences, in the City of South Amboy in order to
protect the environment, public health, safety and welfare.
§144-2
Definitions.
For the purpose of this ordinance, the following terms, phrases, words and
expressions shall have the following meanings, unless the context clearly indicates
a different meaning:
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A. "De-icing materials" means any granular or solid material such as melting salt or
any other granular solid that assists in the melting of snow.
B. "Impervious surface" means a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
C. "Storm drain inlet" means the point of entry into the storm sewer system.
D. "Permanent structure" means a permanent building or permanent structure that is
anchored to a permanent foundation with an impermeable floor, and that is
completely roofed and walled with a door or other means of sealing the access way
from wind driven rainfall. A fabric frame structure is a permanent structure if it
meets the following specifications:
1. Concrete blocks, jersey barriers or other similar material shall be placed
around the interior of the structure to protect the side walls during loading and
unloading of de-icing materials;
2. The design shall prevent stormwater run-on and run through, and the fabric
cannot leak;
3. The structure shall be erected on an impermeable slab;
4. The structure cannot be open sided; and
5. The structure shall have a roll up door or other means of sealing the access
way from wind driven rainfall.
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E. "Person" means any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal jurisdiction. F.
"Resident" means a person who resides on a residential property where de-icing
material is stored.
§144-3. Deicing Material Storage Requirements:
A. Temporary outdoor storage of de-icing materials in accordance with the
requirements below is allowed between October 15th and April 15th:
1. Loose materials shall be placed on a flat, impervious surface in a manner
that prevents stormwater run-through;
2. Loose materials shall be placed at least 50 feet from surface water bodies,
storm drain inlets, ditches and/or other stormwater conveyance channels;
3. Loose materials shall be maintained in a cone-shaped storage pile. If
loading or unloading activities alter the cone-shape during daily activities, tracked
materials shall be swept back into the storage pile, and the storage pile shall be
reshaped into a cone after use;
4. Loose materials shall be covered as follows:
a. The cover shall be waterproof, impermeable, and flexible;
b. The cover shall extend to the base of the pile(s);
c. The cover shall be free from holes or tears;
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d. The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
e. Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down to the base
of the pile.
(1) Sandbags lashed together with rope or cable and placed
uniformly over the flexible cover, or poly-cord nets provide a suitable
method. Items that can potentially hold water (e.g., old tires) shall not
be used;
5. Containers must be sealed when not in use; and
6. The site shall be free of all de-icing materials between April 16th and
October 14th.
B. De-icing materials should be stored in a permanent structure if a suitable storage
structure is available. For storage of loose de-icing materials in a permanent
structure, such storage may be permanent, and thus not restricted to October 15
April 15.
C. All temporary and/or permanent structures referred to in this Chapter must
comply with all other local ordinances, including building and zoning regulations.
D. The property owner, or owner of the de-icing materials if different, shall designate
a person(s) responsible for operations at the site where these materials are stored
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outdoors, and who shall document that weekly inspections are conducted to ensure
that the conditions of this ordinance are met. Inspection records shall be kept on site
and made available to the municipality upon request. 1. Residents who operate
businesses from their homes that utilize de-icing materials are required to perform
weekly inspections.
§144-4. Exemptions.
Residents may store de-icing materials outside in a solid-walled, closed container
that prevents precipitation from entering and exiting the container, and which
prevents the deicing materials from leaking or spilling out. If containerized (in bags
or buckets) de-icing materials are stored within a permanent structure, they are not
subject to the storage and inspection requirements in Section III above, provided that
such bags, buckets and container prevent leakage or spilling out. Piles of de-icing
materials are not exempt, even if stored in a permanent structure. This ordinance
does not apply to facilities where the stormwater discharges from de-icing material
storage activities are regulated under another NJPDES permit.
§144-5. Enforcement.
This ordinance shall be enforced by the South Amboy Police Department and by any
Code Enforcement or Zoning Official of the City of South Amboy during the course
of ordinary enforcement duties.
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§144-6. Violations and Penalties.
Prior to issuing a summons for violation of any provision of this Chapter, the
enforcing officer shall have the option, but not the obligation, to allow seventy-two
(72) hours for complete corrective action. Any person, firm, partnership, association
or other legal entity violating or causing to be violated any of the provisions of this
chapter shall be subject to a fine of not less than $100 and not more than $2,000.
The invalidity of any section or provision of this Ordinance shall not invalidate any
other section or provision thereof.
All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed as
to such inconsistency only.
This Ordinance shall take effect after final passage and publication as provided by
law.
Ches
Deborah Brooks, RMC
Introduced on First Reading: April 17, 2024
First Publication: April 23, 2024
Approved on Final Reading: May 15, 2024
Final Publication: May 27, 2024
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