This article requires dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibiting the spilling, dumping, leaking, or otherwise discharging
of liquids, semi-liquids, or solids from the aforementioned dumpsters
and refuse containers to the municipal separate storm sewer system(s)
operated by the Borough of Pemberton 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 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, manmade channels, or storm drains) that is owned or operated
by the Borough of Pemberton 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,
or is captured by separate storm sewers or other sewerage or drainage
facilities.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, and bodies
of surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
Exceptions shall be 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
associated with industrial activity under a valid NJPDES permit.
E. Containers that hold large bulky items (e.g., furniture, bound carpet,
and padding).
This article shall be enforced by the Police Department and/or
other municipal officials of the Borough of Pemberton.
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 $1,250, a
term of imprisonment not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.