The purpose of this chapter is to require 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 otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system operated by
the Borough 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 chapter, 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 Borough or other public body, and is designed and used for
collecting and conveying stormwater.
PERSON
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.
STORMWATER
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.
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.
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 chapter shall be enforced by the Police Department and/or
other Code Enforcement Officials of the Borough.
Any person who is found to be in violation of the provisions
of this chapter shall be subject to a fine not to exceed $1,000 for
each storm drain inlet that is not retrofitted to meet the design
standard.