[G.O. No. 1617, § I; G.O. No. 1790, § I]
Solid waste and recyclable material may only be collected within
the Town of Westfield by licensed solid waste and recyclable material
collectors and only between the hours of 6:00 a.m. and 7:00 p.m. prevailing
time, Monday through Saturday, except that solid waste and recyclable
material may be collected between 4:00 a.m. and 7:00 p.m., Monday
through Saturday, prevailing time, from property located within the
Central Business District zone, the GB-1, GB-2 and GB-3 General Business
District zones, the C Commercial District zone, the O-1 and O-2 Office
District zones, and the O-3 Office - Research District zone, as well
as from property owned by the board of education and property abutting
the following streets and roadways:
(a)
Central Avenue.
(b)
East Broad Street.
(c)
Mountain Avenue.
(d)
North Avenue.
(e)
South Avenue.
(f)
West Broad Street.
(g)
Lamberts Mill Road.
(h)
Rahway Avenue.
(i)
Clark Street from North Avenue to Tuttle Parkway.
(j)
Springfield Avenue.
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These restrictions shall not apply during any two-day period
prior to predicted severe weather such as a snowstorm or hurricane
and shall also not apply for a period four days after such severe
weather events occurs. These restrictions shall also not apply during
periods of labor disputes or strikes involving the garbage collection
systems or for a period of two days prior to, or after, a national
holiday.
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The term "solid waste" as used in this article is hereby defined in the same manner as the term "solid waste" is defined in N.J.S.A. 13:1E-3(a). The term "recyclable material" as used in this article shall mean those recyclable materials subject to the Town of Westfield's mandatory recycling program described more fully in Chapter 33 of the Westfield Town Code.
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[Added 12-14-2010 by G.O. No. 1971]
(a)
Purpose. This section requires 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 other discharge of
liquids, semiliquids or solids from the containers/dumpsters to the
municipal separate storm sewer system(s) operated by the Town of Westfield
and/or the waters of the State of New Jersey so as to protect the
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
(b)
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER/DUMPSTER
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section 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 Town of Westfield 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,
plastic trash bags, or other refuse container.
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 groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
(c)
Prohibited conduct.
(1)
Any person who controls, whether owned, leased, or operated,
a refuse container/dumpster must ensure that such container or dumpster
is covered at all times and shall prevent the contents of such container
or dumpster from spilling out or overflowing.
(2)
Any person who owns, leases or otherwise uses a refuse container/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 Town of Westfield or the waters
of the state.
(d)
Exceptions to prohibition.
(1)
Permitted temporary demolition containers.
(2)
Litter receptacles (other than dumpsters or other bulk containers).
(3)
Individual homeowner trash and recycling containers.
(4)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
(5)
Large bulky items (e.g., furniture, bound carpet and padding,
white goods placed curbside for pickup).
(e)
Enforcement. This section shall be enforced by the Town Engineer,
or his designee, and the appropriate officials of the Health Department
of the Town of Westfield.
(f)
Penalties. Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000.
