[Adopted 7-27-2010 by Ord. No. 10-2010]
An ordinance requiring dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibits 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 Totowa and/or
waters of the state so as to protect the public health, safety and
welfare and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases
and words and their derivatives 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 Totowa or other public body and is designed and
used for collecting or conveying storm water. MS4s do not include
combined sewer systems which are sewer systems that are designed to
carry sanitary sewerage at all times and to collect and transport
stormwater from streets and other sources.
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 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, 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 from the containers to the municipal
separate storm sewer system(s) operated by the Borough of Totowa.
C.
Exceptions
to the prohibition:
(1)
Permitted
temporary demolition containers.
(2)
Litter
receptacles (other than dumpsters or other bulk containers).
(3)
Individual
homeowner's trash and recycling containers.
(4)
Refuse
containers at facilities authorized to discharge stormwater under
a valid NJPDES permit.
(5)
Large
bulky items (i.e., furniture, bound carpet and padding, white goods
placed curbside for pickup.)
