[Adopted 6-16-2010 by Ord. No. 2010-004]
An article 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 Township of West Milford
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 West Milford or other public body, and is designed
and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
property owner's 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, semiliquids or solids to the municipal
separate storm sewer system(s) operated by the Township of West Milford.
Exceptions to prohibition:
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, appliances
placed curbside for pickup).
This article shall be enforced by all police officers of the
Township, regular and special, the Health Officer or his/her duly
authorized designee and the Municipal Recycling Coordinator of the
Township of West Milford, who are hereby given full power and authority
and are charged with the duty to enforce all provisions of this article.
Any person(s), firm, association or corporation found to be
in violation of the provisions of this article shall be subject to
any one or more of the following penalties: a fine not to exceed $1,250,
imprisonment for any term not exceeding 90 days, or a period of community
service not exceeding 90 days.
