[Adopted 12-8-2009 by Ord. No 2009-37]
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 discharging of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system operated by
the Township of Hillsborough 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 Township of Hillsborough 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.
A.
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.
B.
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 operated by the Township of Hillsborough.
The following are exceptions to the above requirements:
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 New Jersey Pollution Discharge Elimination System permit.
E.
Large bulky items (e.g., furniture, bound carpet and padding, or
white goods placed curbside for pickup).
This article shall be enforced by the Health Officer of the
Township of Hillsborough.
Any person who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $2,000.
Each section, subsection, sentence, clause and phrase of this
article is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this article to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this article.
This article shall be in full force and effect from and after
its adoption and any publication as may be required by law.
