[Adopted 10-19-2010 by Ord. No. 2010-16]
There is hereby established an article requiring dumpsters and
other refuse containers that are outdoors or exposed to storm water
to be covered at all times and prohibiting the spilling, dumping,
leaking, or otherwise discharge of liquids, semi-liquids or solids
from the containers to the municipal separate storm sewer system(s)
operated by the Township of Chester 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 test 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, channels or storm drains) that is owned or operated
by the Township of Chester or other public body, and is designed and
used for collecting and conveying storm water.
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 Township of Chester.
Exceptions to said prohibition are as follows:
A.
Permitted temporary demolition containers.
B.
Litter receptacles (other than dumpsters or other bulk containers).
C.
Individual homeowner trash, recycling containers and compost bins.
D.
Refuse containers at facilities authorized to discharge storm water
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 Building Department, Township
Engineer of his designee, Zoning Official and Police Department of
the Township of Chester.
Any person(s) found to be in violation of the provisions of
this article shall be subject to one warning. After the first warning,
the fine for the second violation shall not exceed $500. For each
subsequent violation, the fine shall not exceed $1,000 per violation.
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.
