[HISTORY: Adopted by the Mayor and Council of the Borough
of Kinnelon 3-18-2010 by Ord. No. 2-10. Amendments noted where
applicable.]
GENERAL REFERENCES
Driveway and private road construction — See Ch. 113.
Garbage, rubbish and debris — See Ch. 127.
Littering and property maintenance — See Ch. 141.
Private storm drain inlet retrofitting — See Ch. 152.
Soil erosion and sediment control — See Ch. 167.
Stormwater control — See Ch. 172.
Streets and sidewalks — See Ch. 173.
Subdivision of land and site plans — See Ch. 176.
Zoning — See Ch. 207.
The purpose of this chapter is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharging of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Kinnelon and/or the waters of the state so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
For the purpose of this chapter, 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 not inconsistent 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 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 Borough of Kinnelon or other public body, and is designed and used
for collecting and conveying stormwater. MS4s do not include combined
sewer systems, which are sewer systems that are designed to carry
sanitary sewage at all times and to collect and transport stormwater
from streets and other sources.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls, whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
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.
The ocean and its estuaries, all springs, streams and bodies
of surfacewater or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
A.
Any person who controls, whether owned, leased, or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
B.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Kinnelon.
The following are exceptions to the restrictions set forth in § 162-3:
A.
Permitted temporary demolition containers;
B.
Litter receptacles (other than dumpsters or other bulk containers);
C.
Individual homeowner trash and recycling containers;
D.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit; and
E.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
This chapter shall be enforced by the Police Department and/or
Zoning Officer of the Borough of Kinnelon.
Any person violating this chapter shall be subject, upon conviction,
to one or more of the following at the discretion of the court: a
fine not to exceed $1,000 or imprisonment in the County Jail for a
term not to exceed 90 days or community service not to exceed 90 days.
