[HISTORY: Adopted by the Borough of Rutherford
Council as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-7-1930 by Ord. No. 1333, effective 10-10-1930]
No person or persons shall place or permit to
be placed or discharge or permit to be discharged or cast or deposit
or cause or suffer to be deposited in the Passiac River, within the
limits of the Borough of Rutherford, or into any tributary or tributaries
thereof which empty into said Passaic River, any sewage or waste matter,
article or substance, liquid or solid, of any kind which creates odors
or gases or fumes, due to the putrefaction of organic matter of the
presence of chemicals, or which discolors the waters of said river
or its tributaries, or results in the presence of oil or grease on
the surface of the waters of said river or its tributaries, or which
reduces the dissolved oxygen content thereof to such an extent as
to interfere with the major fish life in said waters, without the
permission of the Mayor and Council of the Borough of Rutherford.
[Amended 8-5-1947 by Ord. No. 1495]
Any person or persons, firm, partnership, association
or corporation violating any of the provisions of this article shall,
upon conviction thereof, be subject to a fine not exceeding $100,
and in default of the payment thereof, may be sentenced to the county
jail for a term not exceeding 30 days. Every day during which such
violation continues shall constitute a separate offense.
This chapter shall take effect immediately upon
publication according to law.
[Adopted 3-27-2012 by Ord. No. 3252-12]
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 otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Rutherford and/or the waters of the state so as
to protect 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.
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 Rutherford 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 that 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, semi-liquids, or solids to the municipal
separate storm sewer system(s) operated by the Borough of Rutherford.
Exceptions are 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
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 Department of Public Works
and the Construction Code Official; each shall have enforcement authority
coterminous with but separate from the other.
Any person(s) who is found to be in violation of the provisions
of this article shall be subjected to a fine not to exceed $2,000
for each refuse container not covered as required by this article.
