[Adopted 10-7-2010 by Ord. No. 14-10]
This 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 prohibit the spilling, dumping, leaking or
other discharge of semiliquids or solids from the containers to the
Township storm sewer system operated by the Township of Mine Hill
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.
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. 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 Township of Mine Hill 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 of any size, 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 must ensure that such refuse container is covered at all
times and shall prevent its contents from spilling out or overflowing.
B.
Any person who owns, leases or otherwise uses a refuse container
must ensure that such refuse container does not leak or otherwise
discharge liquids, semiliquids or solids to the municipal separate
storm sewer system operated by the Township of Mine Hill.
C.
Exceptions to prohibition:
(1)
Permitted temporary containers.
(2)
Litter receptacles (other than dumpsters or other bulk containers).
(3)
Individual homeowner trash and recycling containers.
(4)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
(5)
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
A.
A person who violates a provision of this article or fails to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder, shall, for each such violation and noncompliance, upon conviction thereof, be subject to the general penalty as established in § 1-3 of this Code.
B.
The imposition of a penalty for a violation of this article shall
not excuse the violation, or permit it to continue, such violation
shall be remedied within a reasonable time, and each five days that
such violation is permitted to exist shall constitute a separate offence.
C.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
