[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.
- 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 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.
- REFUSE CONTAINER
- 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.
- 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 must ensure that such refuse container is covered at all times and shall prevent its contents from spilling out or overflowing.
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.
Exceptions to prohibition:
Permitted temporary containers.
Litter receptacles (other than dumpsters or other bulk containers).
Individual homeowner trash and recycling containers.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
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.
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.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.