[Added 3-15-2010 by Ord. No. 04.10]
The purpose of this ordinance 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 discharge of liquids, semi-liquids or solids from the
containers to the Borough separate storm sewer system(s) operated
by the Borough of Paulsboro 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.
A.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
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 and article clearly demonstrates
a different meaning.
A conveyance or system of conveyance (including roads with
drainage systems, Borough streets, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains) that is owned or operated by the
Borough of Paulsboro 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 surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
B.
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.
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 Borough
separate storm sewer system(s) operated by the Borough of Paulsboro.
Exceptions to prohibitions are as follows:
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.
E.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
The Code Enforcement Official, the Borough Police Department,
the County Department of Health, the Borough Foreman, the Borough
Recycling Coordinator, the Property Maintenance Official, and the
Housing Officer are hereby individually and severally empowered to
enforce the provisions of this chapter.
A.
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this article or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
on first offense, be punishable by a fine of $20.
B.
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this article or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
on second offense, be punishable by a fine of $35.
C.
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this article or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
on third offense, be punishable by a fine of no less than $50 and
no more than $2,000.
D.
Each day for which a violation of this article occurs shall be considered
a separate offense.
E.
Any person, firm or corporation cited for a first or second violation
of any provision of this article may pay to the Clerk of the Municipal
Court the fine designated herein before the court date in lieu of
appearing on that date.
If it is determined, by a court of competent jurisdiction, that
any provision or section of this article is unconstitutional, all
other sections and provisions shall remain in effect. This article
shall take effect immediately.
This ordinance shall be in full force and effect from and after
its adoption and any publication as may be required by law.
