[Adopted 11-8-2010; amended in its entirety 11-30-2017]
This article requires dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times,
regulates the length of time a dumpster or other bulk container may
be placed on property, regulates the type of materials that may be
placed in a dumpster, requires a permit for the use of a dumpster,
and prohibits the spilling, dumping, leaking, or otherwise discharging
of liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Borough of Allendale
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.
Any container, temporarily located on any private property, whether rigid or nonrigid in nature, into which any solid waste, as defined in § 228-1 of this chapter, is placed or deposited, including but not limited to construction and demolition debris, as defined in § 228-1 of this chapter. Containers within the scope of this definition shall include dumpster bags. Such containers situated on an ongoing, continuous basis on private commercial property shall not be included within this definition.
Any dumpster which is nonrigid and/or expandable in nature
or composition.
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 Allendale 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 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 Borough of Allendale.
B.
No dumpster shall remain in place or be situated on any private property for a period in excess of 90 days from the date of the issuance of the permit for same required in this article, provided, however, that such period may be extended by the Construction Code Official for good cause. This time limitation(s) in this provision shall not be applicable to dumpster bags, which dumpster bags shall instead be governed by the time limitation in § 228-23.1C hereinbelow.
C.
No dumpster bag shall remain in place or be situated on any private
property for a period in excess of two weeks from the date of the
issuance of the permit for same required in this article, provided,
however, that such time period may be extended by the Construction
Code Official for good cause.
D.
No dumpster or dumpster bag shall be placed, located or situated
on any private property unless and until a permit for same has been
issued by the Construction Code Official, or the Borough. The cost
of each such permit shall be $25.
Exceptions are as follows:
A.
Litter receptacles (other than dumpsters or other bulk containers).
B.
Individual homeowner trash and recycling containers.
C.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
D.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
This article shall be enforced by the Construction Code Official
or the Property Maintenance Officer of the Borough of Allendale.
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 or
imprisonment for a term of not more than 90 days or both.
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.
All other provisions of this chapter which are not affected
by this amendatory ordinance[1] are hereby ratified and confirmed and shall remain in
full force and effect. However, all ordinances or parts of ordinances
which are inconsistent with the provisions of this amendatory ordinance
are hereby repealed to the extent of such inconsistency.
[1]
Editor's Note: "This amendatory ordinance" refers to
Ord. No. 17-16, adopted 11-30-2017.
This article shall be in full force and effect from and after
its adoption and any publication as may be required by law.
