[Adopted 10-26-2010 by Ord. No. 24-10 (Ch. 90A, Art. II, of
the 1972 Code)]
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 other discharge of liquids, semiliquids or solids from the containers
to the municipal separate storm sewer system(s) operated by the Township
of Jackson 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.
A.
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 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.
B.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
As used in this article, the following terms shall have the meanings
indicated:
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 Township of Jackson or other public body, and is designed and
used for collecting and conveying stormwater. MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
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.
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, semiliquids or solids to the municipal
separate storm sewer system(s) operated by the Township of Jackson.
The following are excepted from the discharge prohibitions:
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).
All provisions contained within this article shall at all times
be subject to enforcement by the Police Department of the Township
of Jackson and by the Jackson Township Code Enforcement Officer, or
his or her duly designated agent of the Township of Jackson.
Any person violating provisions of this article shall be subject
to a fine in a minimum amount of $100 or imprisonment in the county
jail for a term not to exceed 90 days, or both, or community service
as ordered by the court, which shall not reduce the fine imposed by
more than 50%. Each and every violation of this article, or each day
that the provisions of this article are violated, shall be construed
as a separate and distinct violation thereof.