This article requires 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 discharging
of liquids, semiliquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Township of Toms River
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.
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 Toms River Township 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.
[Amended 2-14-2024 by Ord. No. 4799-24]
This article shall be enforced by the Police Department and/or
the Bureau of Property Maintenance of the Township of Toms River.
Any person, partnership, limited-liability company, corporation
or other entity who shall violate any provision of this article shall,
upon conviction thereof, be subject to the maximum fines and penalties
established under N.J.S.A. 40:49-5, and as same shall be amended from
time to time. Each and every day a violation of this article shall
exist shall constitute a separate violation.