Borough of Palisades Park, NJ Article VII Dumpsters and Other Refuse Containers

[Adopted 11-26-2013 by Ord. No. 1606]

§ 247-38 Purpose.

This article requires that dumpsters and other refuse containers that are outdoors or exposed to stormwater 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 Palisades Park so as to protect public health, safety and welfare and to prescribe penalties for the failure to comply.

§ 247-39 Definitions.

For the purposes 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 Borough of Palisades Park and is designed and used for collecting and conveying storm water.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

STORM DRAIN INLET

An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

WATERS OF THE STATE

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.

§ 247-40 Covering of refuse containers or dumpsters; prevention of leaks.

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 Palisades Park.

§ 247-41 Exceptions.

A. Permitted temporary demolition containers.

B. Littler 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 NJDES permit.

E. Large, bulky items (e.g. furniture, bound carpet and passing, white goods placed curbside for pickup).

§ 247-42 Enforcement.

This article shall be enforced by the Police Department and/or the Department of Public Works.

§ 247-43 Violations and penalties.

Any person who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $500 or be imprisoned for a period not exceeding 90 days, or both, in the discretion of the Court.