Law and regulations regulating the manner in which refuse may be stored, collected, transported and disposed of; declaring and defining certain conditions as nuisances; fixing the duties and responsibility of persons storing, collecting or disposing of refuse and recyclables; regulating the municipal disposal, collection and bidding procedure for solid waste collection, and other such laws and regulation as defined within the "Solid Waste Management Act," N.J.S.A. 13:1E1 et seq. and N.J.A.C. 7:26-1.1 et seq., are hereby adopted by reference.
[HISTORY: Adopted by the Mayor and Council of the Borough of Clayton 12-30-2025 by Ord. No. 22-2025.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 60, Garbage and Trash, which consisted of Part 1, Collection; Recycling, adopted 6-11-1959, as amended, and Part 2, Yard Waste, adopted 9-28-2006 by Ord. No. 27-2006, as amended.
The New Jersey Statute established and adopted by this article is described and commonly known as the "Solid Waste Management Act," N.J.S.A. 13:1E1 et seq., 13:1B-3, 13:1D-9 and N.J.A.C. 7:26-1.1 et seq.
The purpose of this article is to regulate, control, dispose of, manage and collect solid waste and appropriate recycling materials within the Borough of Clayton.
It shall be the responsibility of the governing body to collect and dispose of all appropriate solid waste materials and recyclables, as defined within, with the exception of demolition, excavation, business, commercial, industrial, medical, hazardous, building/remodeling contractors, lawn service, landscaper and tree removal contractor's waste or refuse.
As used in this article:
Shall mean and include all disposable containers fabricated primarily of aluminum and commonly used for soda, beer, or other beverages.
Shall mean washers, dryers, hot water heaters, refrigerators, freezers, compactors, dishwashers, stoves, and air conditioners.
Shall mean the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.
Shall mean mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of 40 CFR 61.140. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing.
Shall mean the method of collecting solid waste and recycling through the use of mechanical collection equipment and special containers to accommodate the collection.
Shall mean a paper bag which is designed and manufactured to decompose by a natural biological process.
Shall mean the Borough of Clayton.
Shall mean solid waste that may require special handling and management, and which by reason of its bulk, shape, or weight cannot be placed in a container. This waste includes, but is not limited to: furniture, mattresses, and other large, bulky items. No construction material will be collected as a bulk item. Construction debris would include permanent fixtures of the home generated by a contractor, resident or commercial business enterprise. Bulk shall be limited to two items twice per month.
Shall mean any solid waste or recycling materials that are generated as a result of operating, conducting or performing a business or service. See also "commercial solid waste."
Shall mean corrugated cardboard, paperboard boxes (cereal, pasta, and tissue), paper towel rolls, and cardboard beverage carriers.
Large quantities of trash generated by a resident, tenant, contractor, or owner when moving in or out, renovating, "flipping," or a like activity.
Shall mean food and beverage containers and beverage cartons that are made from glass, tin, aluminum and plastics #1 and #2 only, which are placed mixed in one recycling container or as allowed by New Jersey Statute regulations.
Days designated by the Borough for trash and recycling collection. Collection shall start no earlier than 6:00 a.m. and end no later than 6:00 p.m. or as designated by the contract.
Shall mean the act of picking up solid waste and/or recycling at its point of generation.
Shall be any business, trade or industry providing the service of grass cutting, tree and brush removal, trimming, stump removal, mulching or any other yard maintenance or improvement. "Commercial landscaper" shall include tree surgeon, arborist, gardener or horticulturist.
Shall mean solid waste generated by wholesale, retail or service businesses and multi-unit residential structures. See also "business waste."
Shall mean any person utilizing the services of a business, trade, industry or other nonresidential activity for the purpose of landscaping.
Shall mean a solid waste facility which utilizes a controlled biological process of degrading non-hazardous solid vegetative waste.
Shall mean waste building material and rubble resulting from construction, remodeling, repair, and demolition operations on houses, commercial buildings, pavements and other structures. The following materials may be found in construction and demolition waste: treated and untreated wood scrap; tree parts, tree stumps and brush; concrete, asphalt, bricks, blocks and other masonry; plaster and wallboard; roofing materials; corrugated cardboard and miscellaneous paper; ferrous and nonferrous metal; non-asbestos building insulation; plastic scrap; dirt; contractors' carpets and padding; glass (window and door); and other miscellaneous materials; but shall not include other solid waste types.
Shall be between the Borough and an independent contractor(s) for the collection and disposal of solid waste and/or recyclable material.
Shall mean a person or firm engaged in a business of service, construction, repairing, refurbishing, remodeling or demolition of buildings or grounds within the Borough.
See "construction and demolition waste."
Shall mean items with electronic components and circuit boards, including but not limited to computers, monitors, printers, computer peripherals, cameras, VCRs, DVD players, stereos, cell phones, and telephones.
Shall mean any animal or vegetable waste solids resulting from the preparation, cooking, or consumption of food, but not including human waste.
Shall mean the act or process of producing solid waste.
Shall mean all products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter and all other material commonly known as glass; excluding, however, blue and flat glass commonly known as "window glass."
Shall mean the Borough Council of the Borough of Clayton.
Shall mean wastes presenting a clear danger to health and safety by reason of their biological, pathological, explosive, radiological, or toxic characteristics.
Shall mean a person or firm engaging in a commercial enterprise or business which designs, constructs, alters, demolishes, excavates, plants, weeds, fertilizes, prunes, trims, mows or otherwise alters and/or cares for the outdoor natural premises of a property.
Shall mean a person or firm whose primary purpose is to mow, edge, trim and/or fertilize the grass areas of the outdoor premises of another's property and is paid for such endeavors.
Shall mean and include all disposable containers fabricated primarily of metal and commonly used for soda, beer, or other beverages.
Shall mean and include 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.
Shall mean newspaper, white paper, magazines, junk mail, paper bags, phone books, office paper, and file folders.
Shall mean any material that can be separated at the source of generation, which can be reused in manufacture of new products or goods.
Shall mean that portion of the solid waste generated that can be separated and reused.
Shall mean any person occupying or maintaining a place of residence within the Borough, occupying a single-family house or multi-family dwelling of two units or less.
Shall mean residential-user-generated solid waste that has resulted from normal household activities and is collected and disposed of at an approved disposal location.
Shall mean all owners, tenants, occupants or persons in possession of, or exercising control over, a dwelling unit such as a single-family home or a multi-family dwelling of two or less units, and who utilize or purport to utilize the Borough or its authorized agent for the collection of solid waste, rubbish, trash and recyclables.
Shall mean a specific path of a trash or recycling collection vehicle.
Shall mean any unauthorized or unlicensed person, firm or corporations collecting rubbish, trash or recyclable materials placed at the collection point for Borough collection.
Shall mean the method of placing mixed paper, cardboard and commingled containers together in one container for collection. Mixed paper, cardboard and commingled containers are collected in one non-compartmentalized vehicle and delivered to the materials recovery facility (MRF). All recyclable materials are collected in one "stream."
Shall mean a specially designed wheeled black trash cart issued by the Borough to its residents to accommodate the automated collection operation to be used for the deposit, disposal, and collection of solid waste. These containers are the property of the Borough.
Shall mean a person or firm for hire properly licensed by the State Department of Environmental Protection (N.J.A.C. 7:26-3.2 et seq.).
Shall mean separating recyclables from solid waste at the point of generation.
Shall mean a person or firm whose primary purpose is to elevate, trim, prune and/or completely remove trees, stump removal and/or grind roots from the premises of another's property and is paid for such endeavors.
See "appliances."
Shall mean grass clippings, leaves, tree limbs and brush. Note: Certain yard waste is considered trash. Mostly, these are vines, any plant with roots, dead plants, etc.
It is the intention of the Borough to provide automated solid waste and automated recycling collection to residential users:
A.
Residential solid waste must be properly placed into Borough-issued black solid waste containers, and must not exceed the containers' limits of 335 pounds for a 95-gallon cart and 220 pounds for a 64-gallon cart. Residential recyclables must be properly placed in the blue Borough-issued recycling cart. These containers must be placed such that the automated "arms" of the trash truck can reach them and within the limits of the residence.
B.
Per state law, each residential user must separate recyclable material from trash and cannot use the recycling cart for trash.
C.
Such waste must be generated within the premises collected.
D.
Waste must conform with all other requirements specified by the Borough.
The governing body shall have the authority to establish, alter or amend the schedule for the collection of residential solid waste and recyclables:
A.
Only one collection point shall be permitted per residential user. In the case of corner lots, solid waste and recyclables shall be placed at the curbside of an improved roadway which is most convenient to the collection vehicle or as directed by the Director of Public Works.
B.
The Director of Public Works or his designee has the right to designate collection points located on dead-end and one-way streets which provide the most efficient and safe route to accommodate automated solid waste and recyclables collection.
C.
No collection of solid waste or recyclables will be provided to dwellings under construction, vacant or unoccupied dwellings, vacant lots or vacant lands or those properties/residences without a valid certificate of occupancy.
D.
Holidays. There will be no collection on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day each year of the solid waste and recycling contract.
E.
Solid waste. Solid waste shall be collected one time per week, and bulk waste will be collected two times per month, pursuant to the Borough's Solid Waste and Recyclable Collection Contract.
F.
Recyclables. Recyclable material shall be collected one time per week pursuant to the Borough's Solid Waste and Recyclable Collection Contract.
G.
Time and placement for collection:
(1)
Residential waste and recyclables are to be placed at the collection point earlier than 6:00 p.m. on the evening before the scheduled collection day for that location, nor shall empty solid waste and recyclable containers remain at the collection point longer than 10 hours after the regular collection time for that location. All solid waste and recyclables must be placed at the collection point prior to 6:00 a.m. on the scheduled collection day.
(2)
Trash and recycling carts should be placed in the street three feet from each other and three to four feet from any other obstacle such as a car or a mailbox so that the extractor (mechanical arm) can safely lift the cart.
H.
Trash and recycling carts. Trash and recycling carts shall be conveniently located on the premises for the storage of substances and/or materials referred to in this article and shall be maintained in such a manner as to prevent the creation of a nuisance or menace to health. If possible and practical, it is recommended that receptacles not be stored in the front of the residence.
In compliance with state law, there is mandatory source separation of newspaper, glass, metal and aluminum cans, plastics and most yard waste from solid waste in the Borough of Clayton. In accordance with state statute, electronic "E-waste" recyclables shall be source separated and taken to the Public Works yard. All persons who utilize the Borough or its contracted collector(s) shall separate newspaper, glass, metal and aluminum cans, plastics and yard waste from solid waste materials and shall place newspaper, glass, metal and aluminum cans, plastics and most yard waste in containers and apart from solid waste containers and in a location which is consistent with this article. Plastic bags are not permitted.
A.
Violations. It is a violation of this article for the resident, occupant or owner to fail to properly separate recyclables and most yard waste from solid waste.
B.
Penalties/remedies. The Borough, at its discretion, may choose to educate, warn, notify or issue a summons for a violation of this article and/or the Borough and/or its contractor may choose not to collect solid waste or recyclables which are not properly separated.
A.
Carts.
(1)
Beginning January 1, 2026, all solid waste is to be placed in the black trash carts provided and distributed by the Borough. Borough-issued trash carts are the property of the Borough. Marking the carts with a name, address, or any other information is prohibited. Carts are identified via serial numbers and RFID-imbedded chips.
(2)
Carts provided by the Borough shall not be shared with any other location, residence or business other than the property to which it was assigned. Carts shall be left at the residence if the resident moves.
(3)
Only Borough-issued carts will be collected. No other carts, containers, cans, or barrels will be collected.
B.
Weight. The weight limit is 220 lbs. for 64-gallon carts and 330 lbs. for the 95-gallon carts. Carts that weigh more than the limits will not be emptied.
C.
Contents. Contents placed into the 95-gallon cart and/or 64-gallon cart should not exceed the maximum ratings for these carts, and should not have items protruding through the top side opening of the container, which would prevent the lid from properly closing. It is the responsibility of the resident to maintain the container in a clean, sanitary, and overall safe manner. Additionally, it is the resident's sole responsibility to alert the Borough of damage to the container that prohibits the ability for it to be effectively utilized for disposal and collection.
D.
Additional carts. One extra cart may be available. A request can be made at Borough Hall and Public Works. There is a $100 fee for the second cart.
E.
Spill. Residential users shall remove any solid waste spilled by animals or vandals as a result of defective or inadequate covers or containers.
F.
Vermin/animals. All containers should be stored and placed for collection in such a way so as to discourage intrusion by vermin and animals.
G.
Placement of carts. Carts should be placed in the street three feet from the recycling cart and three to four feet from any other obstacle such as a car or a mailbox so that the extractor (mechanical arm) can safely lift the cart.
A.
Residential solid waste, except bulk items, shall be placed into Borough-issued solid waste containers, which are the property of the Borough and are the responsibility of the homeowner to maintain in a safe and sanitary manner. When placed curbside, the container lid should close flat with nothing protruding from the top of the container.
B.
It is the responsibility of the homeowner to report any damage to the container which hinders its use for the purpose of solid waste collection. In all instances, it is the responsibility of the resident to ensure that all possible precautions are being taken to protect their solid waste containers and its contents from vermin, insect, and other animal intrusions.
Bulk items are large items that cannot be collected with trash carts. Examples are mattresses/boxsprings, furniture, and storage containers. There are restrictions for bulk item pickup as follows:
A.
Bulk items.
(1)
Preparation. Carpet not generated by a private commercial contractor are to be tied and bundled and must weigh less than 50 pounds and not exceed four feet in length. Material shall be free of protruding nails, screws, staples or other dangerous conditions. Carpet and/or padding rolls are limited to six rolls per month.
(2)
Bulk items. Bulk items will be collected twice per month on a schedule provided by the contractor.
(3)
Debris from construction projects such as removal of fences, sheds, decks, roofs shall be the responsibility of the homeowner to remove privately.
(4)
Bulk items will be limited to two items per pick-up.
B.
Municipal bulk items. The Borough Public Works Department collects appliances ("white goods") on a published schedule by residents calling and having their requests placed on a pickup list.
A.
Residential recycling. All residential recyclable materials shall be placed for collection according to the following minimum standards:
(1)
Single-stream recycling. Newspaper, corrugated cardboard, phonebooks, chipboard paperboard boxes, beverage cartons, cardboard beverage carriers, paper bags, file folders, office paper and paper towel rolls, paperback books, magazines, brochures, inserts, greeting cards, regular and junk mail, aluminum and metal cans, #1 and #2 plastics, plastic bottles, steel bottle caps and metal jar lids shall be placed together in the blue recycling cart provided by the Borough.
(2)
Corrugated cardboard and paper bags must be flattened. Newspapers, magazines or other paper recyclables shall not be placed in bags, tied or bundled prior to placement in the recycling cart. All containers must be empty and rinsed, and plastic lids and caps must be removed and discarded as trash.
(3)
No plastic bags are to be placed in recyclable containers.
(4)
All commingled cardboard and newspaper must be placed in Borough-supplied recycling carts. Loose recyclables placed outside the cart are prohibited and will not be collected.
B.
Single-stream recycling carts.
(1)
All single-stream recycling is to be placed into Borough-issued blue recycle containers. Borough-issued containers are property of the Borough.
(2)
Items should not protrude through the top-side opening of the cart which would prevent the lid from properly closing. It is the responsibility of the resident to maintain the cart in a clean, sanitary, and overall safe manner. Additionally, it is the resident's sole responsibility to alert the Borough of damage to the cart that prohibits the ability for the container to be effectively.
C.
Placement of carts. Carts should be placed in the street three feet from the recycling cart and three to four feet from any other obstacle such as a car or a mailbox so that the extractor (mechanical arm) can safely lift the cart.
D.
Electronic waste. Computers, monitors printers, radios, etc., are to be taken to the Public Works yard for disposal. NJDEP regulations prohibit these items to be collected as household trash.
E.
Metal and appliances ("white goods"). Appliances (white goods) are collected on the second and fourth Wednesday every month except the fourth Wednesday in December. Residents must call Public Works to schedule collection of these items. Public Works will advise how these items should be prepared for collection.
F.
Yard waste. Yard waste recycling is done by the Public Works Department as follows:
(1)
Leaves.
(a)
Leaves are picked up in the spring and in the fall following a schedule set and published by Public Works. Leaves must be raked and/or carted to the curb line. It is prohibited for leaves to be raked into the street.
(b)
Municipal leaf collection is done during spring and fall. Municipal collection schedules are published. Sweeping, raking, blowing or otherwise placing leaves that are not containerized at the curb or along the street is only allowed close to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. If such placement of leaves occurs, the party responsible for placement of the leaves must remove the leaves from the street or said party shall be deemed in violation of this article. Only loose leaves will be collected in the street; no other yard debris can be in that pile.
(2)
Yard waste. Grass clippings may go in the trash cart, but it is encouraged for residents to leave them to mulch on their lawns. Vegetative wastes from lawns/flower beds and trees, brush and shrubs and small twigs shall be placed in the Borough-supplied trash carts.
(3)
Brush. Branches must be bundled and tied, and must be six feet or less in length and four inches or less in diameter/width.
(4)
Vegetative waste. Old flowers, plants, mums, and shrubs (less than two inches in diameter) shall be disposed in the trash cart.
(5)
Vines/rooted vegetative waste. Must be discarded in the trash cart.
(6)
Commercial/contracted landscaper yard waste. Any yard waste generated from a commercial landscaper and/or commercial user will not be collected by the Borough. Any commercial landscaper performing services within the Borough shall remove all trimmings, branches, trees, stumps, grass cuttings and other waste materials generated from the services performed by them from the premises they service.
G.
Items prohibited from recycling collection. The following is a list of common items that will not be collected by the Borough or the Borough's trash and recycling contractor, and must be disposed of privately: sod, dirt, mulch, stones, concrete, trees, tree branches greater than four inches in diameter, logs, railroad ties, pallets, stumps, tires, metal, animal feces, and dead animals. Hazardous materials as defined in § 60-13 are also prohibited.
A.
All hazardous materials, including but not limited to waste materials which present a clear danger to health and safety by reason of their biological, pathological, explosive, radiological or toxic characteristics, shall be not be disposed of in the solid waste container. Residents/businesses who require hazardous waste disposal shall contact the Gloucester County Improvement Authority for guidance.
B.
Injection needles shall be broken from syringe and hub and separated from the syringe before depositing for collection and shall be placed in metal or plastic containers in accordance with the procedures set forth in the New Jersey Health Department and Department of Solid Waste "Household Hazardous Waste Management Act."
C.
All medical waste generators shall comply with any and all applicable regulation promulgated by the NJDEP for such generators for the disposal of medical hazardous waste.
D.
Residential users and those users identified by contract shall be responsible for any personal injury to collection personnel resulting from improper disposal of hazardous materials.
E.
Latex paint is a nonhazardous material. It can be disposed of in the regular trash following the elimination of all liquid content by removal of drying techniques with drying agents.
A.
The following materials shall not be collected as part of the Borough's solid waste and recyclable materials program. This list is not exhaustive. Prohibited materials include, but are not limited to:
(1)
Motor oil, antifreeze, transmission fluid, brake fluid, gasoline, kerosene, tires.
(2)
Oil-based paints, thinners, stains, varnishes, turpentine.
(3)
Ammonia-based cleaners, herbicides, pesticides, rat poison, pool chemicals.
(4)
Smoke and carbon monoxide detectors.
(5)
Asbestos, asbestos-containing waste materials, asphalt roofing products containing more than 1% asbestos, resilient floor coverings, demolition materials, excavation materials; commercial, industrial, hazardous and medical waste generated from commercial facilities or medical offices.
(6)
Construction materials generated by private contractors.
(7)
Yard waste which is not generated at the property of the residential user and on-premises.
(8)
Yard waste generated by a lawn service, landscaper or tree service contractor.
B.
Construction/remodeling/building materials. Private contractors shall remove the debris materials from the site and shall dispose of the debris properly at their own cost. This debris is not to be placed for normal residential collection.
C.
Hazardous materials. All chemical and corrosive wastes and other hazardous materials as defined within are prohibited to be placed for residential pickup.
D.
House cleanouts. Furniture, carpets, bedding and similar household items resulting from the sale or renovation of a house (house clean-out or move-ins/move-outs) will not be collected by the Borough. Disposal of such items shall be the responsibility of the owner (at time of disposal) of the property.
Scavengers are prohibited from operating within the Borough.
A.
Tips and gratuities to Borough's trash and recycling contractor shall be strictly prohibited.
B.
No Borough employee or Borough-contracted solid waste contractor employee shall enter upon or in private property, except at the designated curb collection point, for the purpose of removing solid waste or recycling material except if the property owner has contracted the solid waste contractor of private hauling services.
The governing body is authorized to issue additional recycling regulations as needed to provide for the most safe and efficient means of removal of recyclable materials as defined within.
All solid waste, yard waste and recyclable material aggregated and offered for collection shall remain the property and responsibility of the generator until said materials are collected by the Borough's solid waste contractor or self-hauled to the Borough's recycling center, at which time they become the property of the solid waste contractor or Borough, respectively. It shall be a violation of this article for any person not authorized by the Borough to collect items herein described or to pick up or cause to be picked up any such items. Any and each such collection in violation hereof from one or more residences shall constitute a separate distinct offense punishable as provided herein.
It shall be a violation of this article in addition to other pertinent Borough ordinances and applicable State law for a person to place residential solid waste, commercially generated solid waste or private contractor waste at the collection site reserved for the Borough's solid waste collection sites or to be illegally dumped at any location within the Borough.
All persons within the Borough who are not residents and who are not served by the curbside collection program established pursuant to this article shall source separate and arrange for collection for recycling of all designated recyclables.
A.
Designated recyclables for the mandatory commercial, institutional and industrial source separation program shall consist of the following materials:
(1)
High-grade paper, including white letterhead paper, white bond typing paper, white copier paper, white notepad paper, white writing paper, white envelopes, computer printout paper, and computer tab cards.
(2)
Corrugated cardboard.
(3)
Glass bottles and aluminum and metal cans.
(4)
Other recyclable material as designated by the Borough or as mandated by the State Resource Recovery and Recycling Act or other statute or regulations.
B.
The arrangement for collection and disposal of designated recyclables shall be the responsibility of the person or firm who has generated the recyclables ("generator") or the person or firm obligated to the generator, by contract, to arrange for collection and disposal of its solid waste. The arrangements may include, without limitation, direct marketing of recyclables, delivery to a drop-off, contracts with solid waste collection haulers for separate collection of any or all designated recyclables, contract with other persons for separate collection of any or all designated recyclables or direct delivery to recycling facility.
C.
This article shall be enforced by the Clayton Borough Code Enforcement Officer, Clayton Police Officer, Zoning Officer, or any other Borough official.
A.
Enforcement. The Code Enforcement Officer, Clayton Police Officer, the Zoning Officer, and the Public Works are permitted to educate, warn, notify for violations of this article. All card warnings and summonses for violations shall be issued by Code Enforcement Officer.
B.
Notice. Should the Borough issue a formal notice of violation or summons for a violation of this article, the violation will be notified in accordance with Municipal Court and/or Borough procedure.
A.
No person shall carry or transport or cause or permit to be carried or transported through or along any public street any garbage or other vegetable or animal refuse from outside the limits of the Borough into the Borough except as herein after limited and provided for.
B.
In all cases where garbage or other refuse is to be transported through the Borough and not dumped or otherwise disposed of therein, it shall be unlawful for the person transporting the same to make use of any street or other public place in the Borough for the purpose unless the vehicle in which the garbage or other refuse is to be transported or that portion wherein the garbage or other refuse may be contained shall be thoroughly and securely covered and fastened down in order that there be no spilling of any garbage or other refuse or escaping of odors and unless the vehicle or part thereof shall be thoroughly watertight in order that there may be no leaking or draining.
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 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 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:
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 Borough or other public body, and is designed and used for collecting and conveying stormwater.
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, excepting individual homeowner trash and recycling containers.
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 or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
A.
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
B.
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.
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).
This article shall be enforced by the Borough's Code Enforcement Officer, Public Works Director, Police Department, and Zoning Officer.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine of not more than $500.00.