[HISTORY: Adopted by the Borough of Rutherford Council as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-7-1930 by Ord. No. 1333, effective 10-10-1930]
No person or persons shall place or permit to be placed or discharge or permit to be discharged or cast or deposit or cause or suffer to be deposited in the Passiac River, within the limits of the Borough of Rutherford, or into any tributary or tributaries thereof which empty into said Passaic River, any sewage or waste matter, article or substance, liquid or solid, of any kind which creates odors or gases or fumes, due to the putrefaction of organic matter of the presence of chemicals, or which discolors the waters of said river or its tributaries, or results in the presence of oil or grease on the surface of the waters of said river or its tributaries, or which reduces the dissolved oxygen content thereof to such an extent as to interfere with the major fish life in said waters, without the permission of the Mayor and Council of the Borough of Rutherford.
[Amended 8-5-1947 by Ord. No. 1495]
Any person or persons, firm, partnership, association or corporation violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $100, and in default of the payment thereof, may be sentenced to the county jail for a term not exceeding 30 days. Every day during which such violation continues shall constitute a separate offense.
This chapter shall take effect immediately upon publication according to law.
[Adopted 3-27-2012 by Ord. No. 3252-12]
The purpose of this article is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and to prohibit the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Rutherford and/or the waters of the state so as to protect health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article 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 Rutherford or other public body, and is designed and used for collecting and conveying stormwater.
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- REFUSE CONTAINER
- 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 that 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.
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.
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 Rutherford.
Exceptions are as follows:
Permitted temporary demolition containers.
Litter receptacles (other than dumpsters or other bulk containers).
Individual homeowner trash and recycling containers.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
Large bulky items (e.g., furniture, bound carpet and padding, white goods) placed curbside for pickup.
This article shall be enforced by the Department of Public Works and the Construction Code Official; each shall have enforcement authority coterminous with but separate from the other.
Any person(s) who is found to be in violation of the provisions of this article shall be subjected to a fine not to exceed $2,000 for each refuse container not covered as required by this article.