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, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Township of Cranford 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 Township of Cranford or other public body and is designed and
used for collecting and conveying stormwater.
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, 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 2-9-2010 by Ord.
No. 2010-06; 4-27-2010 by Ord. No. 2010-18]
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, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Township of Cranford.
C. Any person who controls, whether owned, leased, or operated, a refuse
container or dumpster that is placed in any public right-of-way shall
have light reflectors placed thereon which are visible after dark
to passing motorists and others using the public right-of-way.
D. Any person who controls, whether owned, leased or operated, a container
or dumpster must ensure that planks are placed under the wheels of
any container or dumpster placed in any street or public right-of-way.
The following are exceptions to the above prohibition:
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 Police Department and
Health Officer of the Township of Cranford.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $1,500 per
offense. Each container shall constitute a separate offense. Each
day that a violation continues shall constitute a separate offense.