Legal Notice: ORDINANCE AMENDING THE CODE OF THE CITY OF GLOUCESTER CITY, COUNTY OF CAMDEN AND STATE OF NEW JERSEY TO INCLUDE NEW CHAPTER 57, ENTITLED, "PRIVATELY-OWNED SALT STORAGE" WHEREAS the City of Gloucester City (the "City") is a municipal corporation organized and operating under the laws of the State of New Jersey; and WHEREAS the City adopted new stormwater control regulations through Ordinance; and WHEREAS the revised regulations require the City adopt regulations on privately-owned salt storage; and WHEREAS pursuant to N.J.S.A. 40:48-2, the City Council is authorized to enact and amend ordinances as deemed necessary for the preservation of the public health, safety and welfare and as may be necessary to carry into effect the powers and duties conferred and imposed upon the City by law. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Common Council of the City of Gloucester City that the Code of the City of Gloucester City is hereby amended, revised and/or supplemented as follows: SECTION 1. The Code of the City of Gloucester City is hereby amended, revised, and supplemented by adding new Chapter 57, entitled "Privately-Owned Salt Storage" as follows: § 57-1 Purpose. The purpose of this ordinance is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This ordinance establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately owned)* in the City of Gloucester City to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply. § 57-2 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 consistent 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."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 (new structures require 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; 2The 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. E."Person" means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. § 57-3. 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, but no longer than 30 days without prior written approval from the Department: 1. Materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through; 2. Materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, and/or ditches or other stormwater conveyance channels; 3. Materials shall be formed in a cone-shaped storage pile; 4.All storage piles 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; d. The cover shall be secured and weighed down around the perimeter to prevent removal by wind; 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.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 solid de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15th - April 15th. C. The property owner shall designate a person(s) responsible for operations at the site where these materials are stored, and who shall document that weekly inspections are conducted to ensure that the conditions of this ordinance are met. § 57-4. Exemptions: This ordinance does not apply to facilities where the stormwater discharges from salt storage activities are regulated under another NJPDES permit. § 57-5. Enforcement: This ordinance shall be enforced by the City of Gloucester City Police Department or its designee during the course of ordinary enforcement duties. § 57-6. Violations and Penalties: Any person(s) who is found to be in violation of the provisions of this ordinance shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall be subject to penalties. Any person violating any of the provisions of this Chapter shall, upon conviction thereof, be punished by a fine not to exceed $500 or by imprisonment not to exceed 90 days, or both. SECTION 2: All other Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. SECTION 3: If any section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such subdivision, clause or provision and the remainder of this Ordinance shall be deemed valid and effective. SECTION 4: This Ordinance shall take effect immediately upon final passage and publication as required by law. PUBLIC MEETING NOTICE is hereby given that the foregoing ORDINANCE was introduced and passed at a meeting of the Common Council of the City of Gloucester City, County of Camden, New Jersey, held on the 22nd day of April, 2024 and will be considered for final passage after a public hearing at a meeting of the Common Council of the City of Gloucester City to be held on May 30, 2024, 313 Monmouth Street, Gloucester City, New Jersey. Copies of the full ordinance as introduced are available without cost to any member of the general public during regular business hours from the Office of the City Clerk, 512 Monmouth Street, Gloucester City, New Jersey 08030, phone number being (856) 456-0205. Vanessa L. Little, City Clerk Date:5/1/24 Prt's Fee:$126.00 Affidavit Fee:$5.00