The purpose of this Article 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 Borough of Somerville 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 Chapter 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. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) — A conveyance
or system of conveyances (including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, manmade channels,
or storm drains) that is owned or operated by the Borough of Somerville
or other public body, and is designed and used for collecting and
conveying stormwater.
B. PERSON — Any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
C. REFUSE CONTAINER — Any waste container that a person controls
whether owned, leased, or operated, including dumpsters, trash cans,
garbage pails, and plastic trash bags.
D. 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.
E. WATERS OF THE STATE — The ocean and its estuaries, all springs,
streams and bodies of surface or ground water, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
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, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Somerville.
This Article shall be enforced by the Code Enforcement Division
of the Borough of Somerville.
Any person(s) who is found to be in violation of the provisions
of this Article shall be subject to a fine not to exceed one thousand
dollars ($1,000).