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 the Township of Berlin 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.
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 and 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, semiliquids
or solids to the municipal separate storm sewer system(s) operated
by the Township of Berlin.
The following are exceptions to §
285-11:
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 Berlin Township Police
Department and/or the Property Maintenance Officer of the Township
of Berlin.
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 $25 for the
first offense. For a second or subsequent offense, the fine shall
not exceed $100.