An article requiring dumpsters and other refuse containers that
are outdoors or exposed to stormwater to be covered at all times and
prohibits the spilling, dumping, leaking, or otherwise discharge of
liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Borough of Roselle
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 Roselle 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.
This article shall be enforced by the Roselle Police Department,
DPW Superintendent, Municipal Engineer, Zoning Official, Construction
Official, Health Officer and any other municipal official as designated
by the Mayor and Council of the Borough of Roselle.
Any person(s) who is found to be in violation of the provisions
of this article shall first be issued a warning. If the violation
shall continue unabated for seven days thereafter, a summons and notice
of violation may be issued and each calendar day shall constitute
a separate violation for which a summons may be issued. The penalties
shall be in accordance with the general penalties for violations of
municipal ordinances set forth in the Code of the Borough of Roselle.
Each section, subsection, sentence, clause and phrase of this
article is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this article to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this article.