The purpose of this ordinance is to require 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 Township of Barnegat 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 ordinance, 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 conveyance (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 Barnegat 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 or groundwater, whether natural or artificial, within the
boundaries of the State of New Jersey or subject to its jurisdiction.
This ordinance shall be enforced by the Code Enforcement Officer
of the Township of Barnegat.
Any person(s) who is found to be in violation of the provisions
of this ordinance shall be subject to a fine not to exceed five hundred
dollars ($500.).
Each section, subsection, sentence, clause and phrase of this
ordinance is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this ordinance to be unconstitutional, void, or ineffective for
any cause, or reason, shall not affect any other portion of this ordinance.
This ordinance shall be in full force and effect from and after
its adoption and any publication as may be required by law.