Borough of Midland Park, NJ
Bergen County
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Table of Contents
Table of Contents
[Ord. #847, Preamble]
Whereas, the growing problem of solid waste disposal and the conservation of the recyclable materials is an important public health concern; and the Mayor and Council are required by State Statute to establish a mandatory recycling program. The separation of certain recyclable materials will serve the public interest by reducing solid waste and conserving our material resources.
[Ord. #847, § 1; Ord. #291, § 1]
It is the purpose of this section to enhance Midland Park's compliance with the New Jersey Statewide Mandatory Source Separation and Recycling Act, Public Laws, 1987 Chapter 102 and the New Jersey Recycling Act of 1981, Public Laws 1981 Chapter 278 and to regulate the disposal of solid waste within the Borough.
[Ord. #847, § 2; Ord. #291, § 2; Ord. #894, § 1]
As used in this section the following terms have the meanings indicated:
ALUMINUM
Shall mean recyclable aluminum cans, foil trays.
COMMINGLED RECYCLABLE MATERIALS
Shall mean the accumulation in a separate container of glass, aluminum, plastic and tin cans.
CONSTRUCTION AND DEMOLITION DEBRIS
Shall mean source separated, nonputrescible recyclable material generated from the construction, alteration, repair, maintenance and/or demolition of structures within Bergen County. This material shall include concrete, bricks, block, ferrous and nonferrous scrap, asphalt, asphalt shingles, recyclable wood scrap and any and all other material generated from the construction, alteration, repair, maintenance and/or demolition of a structure or structures.
CORRUGATED CARDBOARD
Shall mean cardboard of the type to make cardboard boxes, cartons, pasteboard, and similar corrugated and kraft paper material.
DESIGNATED RECYCLABLE MATERIALS
Shall mean those materials for which recycling is required pursuant to subsections 151.5, 151.6 or 151.7 of this section.
FERROUS METALS (WHITE GOODS)
Shall mean domestic or household bulk items such as washing machines, refrigerators, stoves, household appliances, and for the purpose of this section shall include any other ferrous or nonferrous metals, including tin cans.
FOOD WASTE
Shall mean any edible waste material resulting from handling, preparation, processing, cooking, or consumption of food.
GLASS
Shall mean all products made from silica or sand, soda ash and limestone which are transparent or translucent and used for packaging or bottling of various matter and all other materials commonly known as glass; excluding, however, blue and flat glass commonly known as window glass or plate glass, light bulbs and ceramics.
HIGH GRADE OFFICE PAPER
Shall mean white and/or off-white stationery, photocopy, and computer paper.
LEAVES
Shall mean leaves only, and not include grass clippings and brush.
NEWSPAPER
Shall mean paper of the type commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. Included, however, are all magazines or similar periodicals as well as all other paper of any nature whatsoever.
PERSON
Shall mean both the singular and plural, as the case demands, and shall include individuals, corporations, companies, societies and associations. When construing and enforcing the provisions of this section, the act, omission or failure of any employee, officer, agent or other person acting for or employed by any individual, corporation, company, society or association, within scope of this employment or office, shall in every case be deemed to be the act, omission or failure of such individual, corporation, company, society or association, as well as that of the person.
PLASTIC CONTAINERS
Shall mean a container made of thermoplastic synthetic polymeric material; and shall include beverage and milk containers.
PUBLIC PLACE
Shall mean parks, water and open spaces adjacent thereto, and also public yards, grounds and areas, and all open spaces between buildings and streets and in view of streets.
RECYCLING CENTER
Shall mean the area designated by the Borough as such where designated recyclable materials may be disposed of in the appropriate receptacles provided.
REGULATIONS
Shall mean and include such rules, implementation dates, schedules of times, and such other requirements promulgated in accordance with this section.
RESPONSIBLE SOLID WASTE GENERATOR
Shall mean any property owner, tenant or occupant of a residential, commercial, or public dwelling, business or structure, who generates, produces and/or disposes of solid waste of any type on, in or about property located in Midland Park.
SOLID WASTE
Shall mean garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.
SOLID WASTE COLLECTION
Shall mean the activity related to pickup and transportation of solid waste from its source or location to a disposal site or to a resource recovery facility.
SOLID WASTE CONTRACTOR
Shall mean the scavenger holding the franchise for the collection of solid waste except recyclable materials described in this section within the Borough of Midland Park.
STREETS
Shall mean avenues, sidewalks, gutters and public alleys.
WHITE GOODS
Shall mean ferrous metals, except tin cans.
[Ord. #847, § 3; Ord. #291, § 3]
a. 
The position of Recycling Coordinator/Compliance Officer is hereby established within the Borough of Midland Park. The Recycling Coordinator/Compliance Officer shall report to the Mayor and Council.
b. 
The Recycling Coordinator/Compliance Officer shall be appointed by the Mayor with the advice and consent of the Council of the Borough of Midland Park.
c. 
The Recycling Coordinator/Compliance Officer shall establish and promulgate reasonable rules and regulations as approved by the Mayor and Council of the Borough of Midland Park. The rules and regulations shall provide for the manner, days, and times for the collection, storage, transportation, sale and/or marketing of the recyclable materials and for obtaining and maintaining compliance with the provisions of this section.
d. 
The Recycling Coordinator/Compliance Officer shall annually submit a recycling tonnage report to the New Jersey Office of Recycling and other such reports required by the Bergen County Utilities Authority.
[Ord. #847, § 4; Ord. #291, § 4; Ord. #894, § 7]
a. 
Except as provided in paragraph c below, all persons, lessees, and occupants of one (1) to four (4) family residential properties shall separate the following items from all other solid waste produced by such residences for collection/deposit and the ultimate recycling of said material:
1. 
Newspapers, magazines, corrugated cardboard.
2. 
Glass.
3. 
Aluminum.
4. 
Plastic containers.
5. 
Ferrous metals.
6. 
Leaves.
7. 
Vehicle batteries.
8. 
Grass clippings.
9. 
Used motor oil.
10. 
Tires.
11. 
Roofing materials.
12. 
Construction debris.
13. 
Asphalt.
14. 
Tree clippings and brush (including, without limitation, Christmas trees).
15. 
Concrete.
16. 
Yard waste.
17. 
Batteries (other than vehicular).
18. 
Polystyrene foam packaging.
19. 
Hazardous waste.
20. 
White goods.
b. 
Placement of Materials.
1. 
Newspapers, magazines, high grade office paper and corrugated cardboard shall be secured, each bundle shall be tied in bundles or bundled in paper bags not to exceed thirty (30) pounds in weight and shall be placed at the curbside for collection as scheduled and as directed by the Recycling Coordinator. Bundled newspapers, magazines, high grade office paper and corrugated cardboard may also be disposed of in the receptacles provided at the Recycling Center. Corrugated cardboard shall be separate from other items. Cardboard boxes shall be "flattened."
2. 
Commingled recyclable materials shall be collected in an open container not to exceed thirty (30) pounds in weight and shall be placed at the curbside for collection as scheduled, and as directed, by the Recycling Coordinator. All such materials shall be washed and/or rinsed. Such materials may also be disposed of in receptacles provided at the Recycling Center.
3. 
Yard waste, tree clippings and brush, grass clippings and leaves shall be delivered by the responsible solid waste generator to the collection location designated and as directed from time to time by the Recycling Coordinator. If directed by the Recycling Coordinator, yard waste, tree clippings and brush and grass clippings may be placed at the curbside for collection in the manner designated and as scheduled by the Recycling Coordinator. Leaves shall be placed at the curbside during the months of October through December as provided by the collection schedule prepared by the Borough.
4. 
Ferrous metals, batteries, white goods, used motor oil, construction debris, roofing materials, asphalt, concrete, tires, and hazardous waste shall be delivered by the responsible solid waste generator to a person authorized by law to accept those materials for recycling in the case of hazardous waste disposal.
c. 
The Mayor and Council may, by resolution, suspend the mandatory nature of any item listed as subsection a., 7 through 20 inclusive, if the Mayor and Council find and determine that recycling of that material is not feasible.
[Ord. #847, § 5; Ord. #291, § 5]
It shall be mandatory for all owners, lessees, and occupants of garden apartment, condominium and townhouse residential properties to comply with all the requirements contained in subsection 151.5 above. It shall be the obligation of the owner of the apartment complex or the condominium/townhouse association to provide storage and collection points for the recyclable materials. The Recycling Coordinator, Solid Waste Contractor, and the Owner/ Association Representative shall determine a schedule and method for the collection of said materials.
[Ord. #847, §§ 6A—6D, 6F; Ord. #291, § 6; Ord. #992, § 1; Ord. #894, §§ 2—4]
a. 
It shall be mandatory for all owners, lessees, and occupants of any business and/or commercial properties, and for all private, public and governmental institutions and buildings to separate the following materials from the firm's solid waste stream: corrugated cardboard, glass, food waste, newspaper, high grade paper, ferrous scrap metals, white goods, aluminum cans and construction and demolition debris produced by such business, commercial property or institution for the private collection/deposit or third party purchase of the material.
b. 
Separation, Collection and Disposal Methods of Designated Recyclable Materials.
1. 
Corrugated cardboard shall be separated and disposed of by private scavenger (see paragraphs d and e below).
2. 
Ferrous metals shall be separated and disposed of by private scavenger or sold through a third party recycler (see paragraphs d and e below).
3. 
Food waste shall be separated and disposed of by private scavenger or sold through a third party recycler (see paragraphs d and e below).
4. 
Glass-color separated shall be disposed of by either private scavenger, or sold through a third party recycler (see paragraphs d and e below).
5. 
High grade office paper shall be separated and disposed of by private scavenger (see paragraphs d and e below).
6. 
Newspapers may be separated and disposed of by private scavenger, disposed of in receptacles provided at the Municipal Garage with prior authorization by the Borough or sold through a third party recycler pursuant to paragraphs d and e of this subsection.
7. 
White goods shall be separated and disposed of by private scavenger (see paragraphs d and e below).
8. 
Aluminum cans shall be separated and disposed of by private scavenger, or sold through a third party recycler (see paragraphs d and e below).
9. 
Construction and demolition debris shall be separated and disposed of by private scavenger (see paragraphs d and e below).
c. 
Registration Requirements. It shall be the responsibility of all owners, lessees, and occupants of business and/or commercial properties to register annually with the Municipal Recycling Coordinator on forms provided by the Borough. The annual registration must be filed with the Recycling Coordinator on or before March 1st of each year together with a fee in an amount determined by the General Fee Ordinance of the Borough. In the absence of such an ordinance, the fee shall be twenty-five ($25.00) dollars.
d. 
Reporting Requirements. It shall be the responsibility of all owners, lessees, and occupants of business and/or commercial properties to report annually to the Recycling Coordinator on or before March 1 for the preceding one (1) year period of January 1st through December 31st, the quantities of materials recycled on forms prescribed and provided by the Borough.
e. 
Users Who Sell Recyclable Materials. For those users who sell their recyclable materials through a third party recycler, an exemption from the Recycling Program shall be requested by any owner, lessee or occupant of business and/or commercial properties by filing with the Recycling Coordinator the form entitled "Request for Exemption from Mandatory Municipal Recycling Program." The reporting requirements of paragraph d above shall remain in effect.
[Ord. #847, § 7; Ord. #291, § 7]
Nothing in this section shall be deemed to prohibit any owner, lessee, or occupant of residential property of disposing of recyclable materials privately through a sale or gift provided that in no event shall such recyclable materials be disposed of as part of the solid waste collection pursuant to subsection 151.11.
[Ord. #847, § 8; Ord. #291, § 8]
From the time recyclable materials are placed at the curb by the owner, lessee or occupant for collection by the Borough of Midland Park such recyclable materials shall become the property of the Borough.
[Ord. #847, § 9; Ord. #291, § 9]
It shall be a violation of this section for any person unauthorized to collect or pick up or cause to be collected or picked up or to receive any such recyclable materials without authorization, for any such purpose whatsoever once they have been placed at the curb. Each and any collection or receipt in violation of this section from one (1) or more premises, shall constitute a separate and distinct offense, punishable as hereinafter provided.
[Ord. #847, § 10; Ord. #291, § 10]
a. 
Solid waste, except designated recyclable materials, shall be disposed of in accordance with the schedule set by the solid waste contractor.
b. 
Containers for Solid Waste. All solid waste, except designated recyclable materials, shall be placed in watertight containers provided with tight-fitting covers or otherwise secured. No containers shall be allowed to overflow.
c. 
Unlawful Accumulations. It shall be unlawful for any person to accumulate or permit the accumulation of any decaying animal or vegetable substance or substances or of other offensive matter in the form of rubbish or garbage in or upon his or her premises or any lot, street, or public place until the same shall become hazardous to health or until the same shall by reason of offensive odors, become a source of discomfort to persons living or passing in the vicinity thereof.
d. 
Materials Not Permitted for Fills. No animal or vegetable substance or wet, offensive refuse which may tend to decay, to become putrid or to render the atmosphere impure or unwholesome shall be deposited upon, or used to fill up, or raise the surface or level of any lot, ground, street or public place unless pursuant to a permit issued by this Council or its representative or agent.
[Ord. #847, § 11; Ord. #291, § 11]
a. 
The Recycling Coordinator, upon adoption of this section shall notify all persons owning, leasing or occupying property within the Borough of Midland Park of the Borough's recycling responsibilities and the source separation requirements of this section. This notice shall be by a mailing to all postal patrons within the Borough and by posting a notice in public places where public notices are customarily posted by the Borough.
b. 
After initial notification, the Recycling Coordinator may periodically notify all persons owning, leasing, or occupying residential, commercial and institutional premises within the Borough of Midland Park of local recycling opportunities and the source separation requirements of this chapter. Said notification shall be done in a mailing to all postal patrons within the Borough and by posting a notice in public places where public notices are customarily posted by the Borough. The Borough newsletter may be used for this notification.
[Ord. #847, § 12]
This section shall be referred to the Planning Board for a revision of the master plan in accordance with N.J.S.A. 13:1E-99.16(c), specifically with regard to the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of fifty (50) or more units of single family residential housing, of twenty-five (25) or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of one thousand (1,000) square feet of land. The Planning Board shall also make recommendations to the Mayor and Council for amendments to the Borough's Zoning Ordinance and the Subdivision Site Plan Ordinance in accordance with this subsection.
[Ord. #847, § 13; Ord. #291, § 12]
The foreman of the Department of Public Works, Health Officer, Zoning Officer, Police Department and other persons designated by resolution of the Mayor and Council are hereby authorized and directed to enforce this section. The responsibility of monitoring the program for the adequacy of the collection and all other items of the established rules and regulations is that of the Recycling Coordinator.
[Ord. #847, § 14; Ord. #291, § 13]
a. 
Any person who violates subsection 151.10 shall be subject to the following violations and penalties:
1. 
First offense a fine of fifty ($50.00) dollars.
2. 
Second offense a fine of one hundred ($100.00) dollars.
3. 
Third and subsequent offenses a fine of five hundred ($500.00) dollars, ninety (90) days in jail or both.
b. 
Any person who, after receipt of not less than ten (10) days' notice of noncompliance violates or fails to comply with the requirements of subsection 15-1.7d, shall, upon conviction, be fined a minimum of two hundred fifty ($250.00) dollars and a maximum of five hundred ($500.00) dollars. Each day of noncompliance shall constitute a separate and distinct offense, punishable as herein provided.
c. 
Except for the penalties provided above for violation of subsections 15-1.7d or 15-1.10, any person, who, after receipt of not less than ten (10) days' notice of noncompliance, violates or fails to comply with the provisions of this section or any rule or regulation promulgated pursuant to it shall be subject to the following violations and penalties:
1. 
First offense fine of two hundred fifty ($250.00) dollars.
2. 
Thereafter fine of five hundred ($500.00) dollars and up to thirty (30) days in jail. Such person may also be ordered to perform community service in a recycling program for a period of time not to exceed two hundred forty (240) hours of community service.
d. 
Fines levied and recovered for noncompliance with any and all provisions of this section shall be transmitted monthly by the Court Clerk to the Borough Treasurer and placed in the Current Fund and recorded as a "Dedication By Rider" to be utilized for the purposes of the Borough's recycling program to include, but not limited to education, awareness, and improvement in services in accordance with the provisions of N.J.S.A. 40A:4-39.
[Ord. #391, § 1]
It is the purpose of the section to enhance Midland Park's compliance with the New Jersey Statewide Mandatory Source Separation and Recycling Act, Public Laws, 1987 Chapter 102 and the New Jersey Recycling Act of 1981, Public Laws, 1981 Chapter 278 and to supplement the regulation of the disposal of solid waste within the Borough by requiring that every responsible solid waste generator shall arrange to have regular collection and/or disposal of all solid waste generated on or about property owned, occupied or leased within the Borough and that written proof of collection be submitted upon request.
[Ord. #391, § 3]
As used in this section, the following terms have the meanings indicated:
PERSON
Shall mean both the singular and plural, as the case demands, and shall include individuals, corporations, companies, societies and associations. When construing and enforcing the provisions of this section, the act, omission or failure of any employee, officer, agent or other person acting for or employed by any individual, corporation, company, society or association, within scope of this employment or office, shall in every case be deemed to be the act, omission or failure of such individual, corporation, company, society or association, as well as that of the person.
PROOF OF COLLECTION
Shall mean a written record, log, bill or document evidencing receipt of service for the collection of solid waste for the preceding year from a collector/ hauler of solid waste holding a certificate of public convenience from the Board of Public Utilities. Sufficient proof shall contain: the generator's name; and the owner's name if the generator is a tenant; address; total cost per unit or period of service, the hauler's name, address, license number and period of service. Records, logs, ledgers or documents created by the generator or any other memorialized generator records in any form will not be deemed sufficient proof of collection.
REGULAR COLLECTION AND DISPOSAL
Shall mean removal of all solid waste from a premises at a minimum of once a week. Additional collection and disposal must be arranged should an extraordinary amount of solid waste be generated between scheduled collections. Should a scheduled collection fall on a legal holiday recognized by Midland Park, the generator shall arrange for additional collection if solid waste cannot be stored in leak proof containers.
RESPONSIBLE SOLID WASTE GENERATOR
Shall mean any property owner, tenant or occupant of a residential, commercial, or public dwelling, business or structure, who generates, produces and/or disposes of solid waste of any type on, in or about property located in Midland Park.
SOLID WASTE
Shall mean garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.
SOLID WASTE COLLECTION
Shall mean the activity related to pickup and transportation of solid waste from its source or location to a disposal site or to a resource recovery facility.
[Ord. #391, § 4]
Each responsible solid waste generator in Midland Park shall, within ten (10) days of request from the Recycling Coordinator, provide proof of collection and disposal of solid waste on, in or about property owned, occupied or leased in the Borough. Proof of collection is to be submitted to the Borough Clerk who shall notify the Recycling Coordinator of any noncompliance.
[Ord. #391, § 5]
a. 
Any person, who, after receipt of not less than ten (10) days' notice of noncompliance, violates or fails to comply with the provisions of this section shall be subject to the following violations and penalties:
1. 
First offense fine of two hundred fifty ($250.00) dollars.
2. 
Each offense thereafter fine of five hundred ($500.00) dollars and up to thirty (30) days in jail. Such person may also be ordered to perform community service in a recycling program for a period of time not to exceed two hundred forty (240) hours of community service.
b. 
Fines levied and recovered for noncompliance with any and all provisions of this section shall be transmitted monthly by the Court Clerk to the Borough Treasurer and placed in the Current Fund and recorded as a "Dedication By Rider" to be utilized for the purposes of the Borough's recycling program to include, but not limited to education, awareness, and improvement in services in accordance with the provisions of N.J.S.A. 40A:4-39.
[Ord. #1205, § I]
The purpose of this section is to establish a yard waste collection and disposal program in the Borough of Midland Park, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #1205, § II]
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.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves and grass clippings.
[Ord. #1205, § III]
Sweeping, raking, blowing or otherwise placing yard waste, that is not containerized, at the curb or along the street, is only allowed during the seven (7) days prior to a scheduled and announced collection, and shall not be placed closer than ten (10') feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. #1205, § IV]
The provisions of this section shall be enforced by the Police Department of the Borough of Midland Park.
[Ord. #1205, § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the following penalties: such penalties that are set forth in the General Provision, Section 15 of the Borough Code, in addition, the Borough has the right to bring an action for conjunctive relief to secure compliance with the provision of this section. Should an action for conjunctive relief be instituted, the property owner or responsible party shall be responsible for court costs and attorney fees together with other expenses incurred by the Borough in order to secure compliance with the provisions of this section.
[Ord. #0605, § I]
The purpose of this section is to establish requirements for the proper handling of yard waste in the Borough of Midland Park, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #0605, § II]
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.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves and grass clippings.
[Ord. #0605, § III]
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. #0605, § IV]
The provisions of this section shall be enforced by the Police Department or the Zoning Official.
[Ord. #0605 § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the following penalties: such penalties that are set forth in the General Provisions, Section 15 of the Borough Code, in addition, the Borough has the right to bring an action for conjunctive relief to secure compliance with the provision of this section. Should an action for conjunctive relief be instituted, the property owner or responsible party shall be responsible for court costs and attorney fees together with other expenses incurred by the Borough in order to secure compliance with the provisions of this section.
[Ord. #0909 § I]
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean 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 Midland Park or other public body, and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean 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
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface of groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. #0909 § II]
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.
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, semiliquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Midland Park.
[Ord. #0909 § III]
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, white goods placed curbside for pickup).
[Ord. #0909 § V]
This section shall be enforced by the Police Department, the Construction Official, and/or such other designee of the Mayor and Council of the Borough of Midland Park.
[Ord. #0909 § VI]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the a fine in accordance with subsection 15.1 of the Code of the Borough of Midland Park within the discretion of the Municipal Court Judge.