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, semiliquids or solids
from the containers to the municipal separate storm sewer system(s)
operated by the Borough of Atlantic Highlands 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 article, 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 Atlantic Highlands or other public body, and is
designed and used for collecting and conveying stormwater.
PERSON
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.
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 or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
The provisions of this article shall not apply to the following:
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).
This article shall be enforced by the Police
Department, and/or Code Enforcement Officer of the Borough of Atlantic
Highlands.
Any person(s) who is found to be in violation
of the provisions of this article shall be subject to a fine not to
exceed $2,000.