The purpose of this chapter is 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 otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Township of Little Egg Harbor 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 chapter, 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.
CONSTRUCTION SITE
Any real property upon which any person proposes to or does
engage in the construction, reconstruction or demolition, either in
whole or in part, of any building, structure or other improvement
located upon said real property.
[Added 9-10-2015 by Ord.
No. 2015-09]
DUMPSTER
A container or debris-transfer body commonly used for the
placing or collection of debris and building materials during construction
or renovation.
[Added 9-10-2015 by Ord.
No. 2015-09]
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 Township of Little Egg Harbor or other public body, and is
designed and used for collecting and conveying stormwater. MS4s do
not include combined sewer systems, which are sewer systems that are
designed to carry sanitary sewage at all times and to collect and
transport stormwater from streets and other sources.
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 water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
Exceptions to the prohibition are as follows:
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 chapter shall be enforced by the Police Department and
the Code Enforcement Official of the Township of Little Egg Harbor.
Any person(s) who is found to be in violation of the provisions
of this chapter shall be subject to a fine not to exceed the maximum
penalty allowed by N.J.S.A. 40:49-5.
[Added 9-10-2015 by Ord.
No. 2015-09]
A. All construction sites upon which construction or demolition activities
thereon will generate any debris or solid waste shall be equipped
with adequate and suitable receptacles, containers or dumpsters for
the deposit of such debris or solid waste. All debris or solid waste
generated by construction or demolition activities upon construction
sites shall be deposited into the required receptacles, containers
or dumpsters and shall not be permitted to accumulate upon the construction
site.
B. Debris containers, receptacles or dumpsters located upon construction
sites shall be emptied at periodic intervals so as to prevent overloading,
the escape of materials contained therein and to prevent obnoxious
odors or nuisances of any type escaping therefrom during the period
when construction or demolition activities are taking place on the
construction site.
C. Debris containers, receptacles or dumpsters as required by this chapter
shall be located on the property on which the construction or demolition
activities are being performed. There shall be a five-foot setback
requirement from any property line. Debris containers, receptacles
or dumpsters shall not be placed upon the street or any public right-of-way.
D. Any person found to be in violation of this section shall be subject to the violations and penalties in §
278-6.