[Adopted 7-20-2010 by Ord. No. 1410]
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 Borough of Emerson
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 "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 Emerson or other public body and is designed and
used for collecting and conveying stormwater. (Note: In municipalities
with combined sewer systems, and 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 sewage or drainage faculties,
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.Â
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.Â
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 Borough of Emerson.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Section 247-53 shall not apply to the following:
A.Â
Permitted temporary demolition containers.
B.Â
Litter receptacles (other than dumpsters or other bulk containers).
C.Â
Individual homeowner trash and recycling containers.
D.Â
Refuse containers at facilities authorized to discharge stormwater
under a valid NJDES permit.
E.Â
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
This article shall be enforced by the Emerson Police Department
and/or Borough of Emerson Construction Code Official.
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 $1,000.
