This article requires 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 other discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Middlesex 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.
[Adopted 7-27-2010 by Ord. No. 1767]
[Added 8-23-2013 by Ord. No. 1840]
All outdoor dumpsters located at or upon any property within the Borough used for any nonresidential purposes or for multifamily residential purposes shall be suitably screened from view and set back from property lines as otherwise required under the Code of the Borough of Middlesex. Notwithstanding any other provision of this Code, any outdoor dumpster within the Borough that is not suitably screened from view and set back from property lines as required hereunder shall make application to the Zoning Officer of the Borough for approval of suitable screening only without the requirement of obtaining site plan approval under § 420-12 hereunder. If approval is not granted by the Zoning Officer of the Borough for such suitable screening only, then such property owner shall make an application to the Planning or Zoning Board of the Borough as otherwise required by the Municipal Land Use Law of the State of New Jersey and this Code.
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 Middlesex Borough or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, add the following: "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."
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 ground water, 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(s) operated by the Borough of Middlesex.
Exceptions 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 article shall be enforced by the Police Department and/or Code Enforcement Official of Middlesex Borough.
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.