[Amended 7-5-2017 by Ord.
No. 2017-5]
The 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
otherwise discharging of liquids, semiliquids or solids from the containers
to the municipal separate storm sewer system(s) operated by the Borough
of Penns Grove 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.
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 Penns Grove or other public body and is designed
and used for collecting and conveying stormwater.
[Amended 7-5-2017 by Ord.
No. 2017-5]
PERSON
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, trash cans, garbage pails,
and plastic trash bags.
STORMWATER
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.
[Amended 7-5-2017 by Ord.
No. 2017-5]
Section
390-30 shall not apply to the following:
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 Penns Grove Police Department
and/or the Code Enforcement Officer of the Borough of Penns Grove.
[Added 7-5-2017 by Ord.
No. 2017-5]
Any person(s) who continues to be in violation of the provisions
of this article after being duly notified shall be subject to a fine
not to exceed $500.