[Adopted 9-19-2012 by Ord. No. 12-11]
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 Seaside
Heights 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. 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 Seaside Heights, 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, all springs, streams and bodies
of surface or ground water, 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 Seaside
Heights.
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 Police Department and/or
the Code Enforcement Officer of the Borough of Seaside Heights.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a fine of not less than $250,
nor more than $1,000, by imprisonment of a term not to exceed 90 days,
or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service as determined in the discretion
of the Municipal Court Judge. The continuation of such violation for
each successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
