It is the purpose of this article to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibit the spilling, dumping, leaking,
or other discharge of liquids, semi-liquids or solids from the containers
to the municipal separate storm sewer system(s) operated by the Borough
of Rockaway 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.
As used in 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 Rockaway 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,
and 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 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 Rockaway.
The provisions of this article shall be enforced by the Superintendent
of Public Works or a member of the Police Department or the Rockaway
Borough Health Department.
Any person, firm or corporation violating any of the provisions
of this article shall, upon conviction thereof, be punishable by one
or more of the following: by a fine of not less than $100 nor more
than $2,000; by imprisonment not exceeding 90 days; or by a period
of community service not exceeding 90 days, all in the discretion
of the Court.