[Adopted 9-7-2010 by Ord. No. 22-2010]
The purpose of this article 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 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.
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 Tuckerton or other public body, and is designed
and used for collecting and conveying stormwater.
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 water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
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. 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.
The standards of this article do not apply to:
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 Code Enforcement Officer
of the 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 $1,000 for
each storm drain inlet that is not retrofitted to meet the design
standard.
