[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:
Shall mean recyclable aluminum cans, foil trays.
Shall mean the accumulation in a separate container of glass,
aluminum, plastic and tin cans.
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.
Shall mean cardboard of the type to make cardboard boxes,
cartons, pasteboard, and similar corrugated and kraft paper material.
Shall mean those materials for which recycling is required
pursuant to subsections 151.5, 151.6 or 151.7 of this section.
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.
Shall mean any edible waste material resulting from handling,
preparation, processing, cooking, or consumption of food.
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.
Shall mean white and/or off-white stationery, photocopy,
and computer paper.
Shall mean leaves only, and not include grass clippings and
brush.
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.
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.
Shall mean a container made of thermoplastic synthetic polymeric
material; and shall include beverage and milk containers.
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.
Shall mean the area designated by the Borough as such where
designated recyclable materials may be disposed of in the appropriate
receptacles provided.
Shall mean and include such rules, implementation dates,
schedules of times, and such other requirements promulgated in accordance
with this section.
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.
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.
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.
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.
Shall mean avenues, sidewalks, gutters and public alleys.
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:
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:
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.
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.
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.
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.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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; amended 2-23-2023 by Ord. No. 03-2023]
The provisions of this section shall be enforced by the Property
Maintenance Official, appointed annually by the Mayor and Council,
and/or 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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
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.
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.
