[Adopted 8-9-2010 by Ord. No. 2010-10; amended in its entirety 9-27-2010 by Ord. No. 2010-14]
The purpose of this Part 6 is to require the 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 other discharge of liquids, semiliquids or solids from the containers to the municipal separate storm sewer system operated by the City of Bordentown and/or 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 Part 6, 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.
- 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 City of Bordentown 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.
- REFUSE CONTAINER
- 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 run off the land's surface, is transmitted to the subsurface, is captured by separate storm sewer 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.
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 operated by the City of Bordentown.
Exceptions to prohibition are as follows:
Permitted temporary demolition containers.
Litter receptacles (other than dumpsters or other bulk containers).
Individual homeowner trash or recycling containers.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
Enforcement of Part 6 of this chapter shall be the responsibility of the Municipal Recycling Coordinator, Public Works Director, police officer, or the City Code Enforcement Official.
In addition to the Municipal Recycling Coordinator, Public Works Director, police officer, or the Code Enforcement Official, the Burlington County Health Department and the Burlington County Department of Solid Waste ("DSW") are hereby appointed as enforcement officer(s) for enforcement of all requirements of this Part 6.
Enforcement of this Part 6 shall be commenced in the Superior Court or in the municipal court of the City, and penalty or fine shall be collected with costs in a summary civil proceeding.
Any penalties or fines collected in an enforcement action shall be paid to the City when the City brings such action.
Any penalties or fines collected in an enforcement action shall be paid to the Treasurer of Burlington County when such action is brought by the Burlington County Health Department or the DSW.
Any person(s) who is found to be in violation of the provisions of this Part 6 shall be subject to a fine not to exceed $500.
Each section, subsection, sentence, clause and phrase of this Part 6 is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Part 6 to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Part 6.
This Part 6 shall be in full force and effect from and after its adoption and any publication as may be required by law.