[Adopted 5-12-2010 by Ord. No. 06-2010]
This article is an article requiring 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 Borough
of Folsom and/or the waters of the state so as to protect public health,
safety and welfare, and prescribes penalties for 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 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 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, 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.
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 Borough of Folsom.
Exceptions include:
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, and
white goods placed curbside for pickup).
This article shall be enforced by the State Police and/or other
municipal officials of the Borough of Folsom.
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.
