[Amended 7-13-2010 by Ord. No. 10-09R]
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 the Borough of Fanwood or other public body, and is designed and
used for collecting and conveying storm water.
OFFAL, REFUSE, RUBBISH, GARBAGE and COMBUSTIBLE AND NONCOMBUSTIBLE
WASTE
Shall be interchangeable and shall mean and include the following:
A.
Refuse, garbage and combustible and/or noncombustible
waste solids.
B.
Animal and/or vegetable waste solids resulting
from the handling, preparation, cooking and consumption of food.
C.
Combustible waste, yard trimmings, rags, wood,
cardboard and waste solids of a nonvolatile or nonexplosive nature.
This section shall not apply to building materials, trees, branches,
earth, stones or industrial wastes.
D.
Nonputrescible solid wastes of both combustible
and noncombustible wastes.
E.
Putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes and solid
market and industrial wastes.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
REFUSE CONTAINER or RECEPTACLE
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
STORMWATER
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.
WATERS OF THE STATE
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.
[Amended 3-3-2003 by Ord. No. 03-01]
The licensing of refuse collection, the setting
of rates for residential service and the appropriate rules and regulations
covering the same are now under the jurisdiction of the New Jersey
Department of Environmental Protection.
[Added 7-13-2010 by Ord. No. 10-09R]
In order to protect the public health, safety and welfare, refuse
containers that are outdoors or exposed to stormwater must be covered
at all times to avoid the spilling, dumping, leaking, and/or discharging
of liquids, semi-liquids or solids from such containers into the Borough's
storm sewer system and/or into the waters of the State of New Jersey.
[Added 7-13-2010 by Ord. No. 10-09R]
A. Any person who controls, whether owned, leased, or operated, a refuse
container shall ensure that it is covered at all times and shall prevent
refuse from spilling out or overflowing from said container.
B. Any person who owns, leases or otherwise uses a refuse container
must ensure that it does not leak or otherwise discharge liquids,
semi-liquids or solids into the municipal separate storm sewer system
operated by the Borough.
[Added 7-13-2010 by Ord. No. 10-09R]
Exceptions to conduct prohibited pursuant to §
320-9.
A. Permitted temporary demolition containers.
B. Litter receptacles (other than refuse containers).
C. Individual homeowner refuse containers 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 bulk collection).
[Added 7-13-2010 by Ord. No. 10-09R]
Section
320-9 shall be enforced by the Department of Public Works.
[Added 3-3-2003 by Ord. No. 03-01; 7-13-2010 by Ord. No. 10-09R]
A. Any person(s) who is (are) found to be in violation of any section of this chapter except §
320-9 shall be subject to a fine of not less than $25 nor more than $2,000.
B. Any person(s) who is (are) found to be in violation of §
320-9 shall be subject to a fine not to exceed $2,000, or by imprisonment for a term not exceeding 90 days, or both.