[Adopted 8-12-2009 by Ord. No. 6-09]
An ordinance requiring dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibiting 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 Upper Saddle
River 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 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.
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 Upper Saddle River 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.
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.
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, semiliquids
or solids to the municipal separate storm sewer system(s) operated
by the Borough of Upper Saddle River.
Exceptions to prohibitions are:
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
associated with industrial activity 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 of Borough
of Upper Saddle River.
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 $500.
