[HISTORY: Adopted by the Board of Health of the Township of Lacey
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-3-1974 as Ch. 115 of the 1974 Code]
That area or portion of Plot 5, Block 1837 as shown on the Official
Tax Map of this municipality, as may be from time to time, so identified by
signs, fences or otherwise, with entrance on Lacey Road, is hereby designated
and set aside for a sanitary landfill disposal area for the disposal of garbage,
refuse, rubbish and other debris, exclusive of trees and tree stumps, the
disposal of which in any municipal landfill site is prohibited.
It shall be unlawful to dump or dispose of or accumulate any refuse,
rubbish, garbage, ashes, offal, decaying or vegetable substance or other spoiled
matter, debris or other waste materials in any section or area of this township
other than in the above-described and designated area or areas hereafter designated
as public municipal dumping areas for residents of this township, and the
dumping, disposal or accumulation of any refuse, rubbish, garbage, ashes,
offal, decaying or vegetable substance or other spoiled matter, debris or
other waste materials in any other section or area of the township is hereby
prohibited.
The use or maintenance of any area by any person, corporate or otherwise,
for dumping or disposing of or accumulating refuse, rubbish, garbage, ashes,
offal, decaying or other vegetable substance or other spoiled matter, debris
or other waste materials, other than as herein described, designated and permitted,
is hereby deemed and declared a detriment to the public health, a nuisance
and unlawful.
The public dumping areas as above described or as may be hereafter from
time to time so designated shall be open from 8:00 a.m. to 4:00 p.m., prevailing
time, each day Monday through Saturday only, and the use of such areas for
any purpose by anyone other than municipal employees of the Township of Lacey
engaged in the operation and maintenance of the sanitary landfill sites is
prohibited.
All landfill dumping facilities are provided and maintained for the
exclusive use and benefit of residents and owners of real property in Lacey
Township, and the use of said facilities by any person for any other purpose
is hereby prohibited.
The dumping or disposal of residual wastes from the cleaning of cesspools,
septic tanks and the like into the sanitary landfill areas herein designated
is hereby prohibited.
[Amended 5-2-2005 by Ord. No. 2005-2]
A.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by a fine of
no less than $100 and no more than $1,250, by imprisonment not to exceed 90
days or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service, as determined in the discretion
of the Municipal Court Judge. The continuation of such violation for each
successive day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished as
provided above for each separate offense.
B.
The violation of any provision of this article shall be subject
to abatement summarily by a restraining order or injunction issued by a court
of competent jurisdiction.
[Adopted 5-2-2005 by Ord. No. 2005-2]
The purpose of this article is to prohibit the spilling, dumping or
disposal of materials other than stormwater to the municipal separate storm
sewer system (MS4) operated by the Township of Lacey, 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.
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 Township of Lacey or
other public body and is designed and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm, association
or political subdivision of this state subject to municipal jurisdiction.
Water resulting from precipitation (including rain and snow) that
runs off the land's surface, is transmitted to the subsurface, is captured
by separate storm sewers or other sewerage or drainage facilities or is conveyed
by snow removal equipment.
The spilling, dumping or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by Township of Lacey
is prohibited. The spilling, dumping or disposal of materials other than stormwater
in such a manner as to cause the discharge of pollutants to the municipal
separate storm sewer system is also prohibited.
Following are exceptions to the above prohibited conduct:
A.
Water line flushing and discharges from potable water
sources.
B.
Uncontaminated groundwater (e.g., infiltration, crawl
space or basement sump pumps, foundation or footing drains, rising groundwaters).
C.
Air-conditioning condensate (excluding contact and noncontact
cooling water).
D.
Irrigation water (including landscape and lawn watering
runoff).
E.
Flows from springs, riparian habitats and wetlands, water
reservoir discharges and diverted stream flows.
F.
Residential car washing water, and residential swimming
pool discharges.
G.
Sidewalk, driveway and street wash water.
H.
Flows from fire-fighting activities.
I.
Flows from rinsing of the following equipment with clean
water:
(1)
Beach maintenance equipment immediately following their
use for their intended purposes; and
(2)
Equipment used in the application of salt and de-icing
materials immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials must
be removed from equipment and vehicles to the maximum extent practicable using
dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are
to be returned to storage for reuse or properly discarded. Rinsing of equipment,
as noted in the above situation, is limited to exterior, undercarriage and
exposed parts and does not apply to engines or other enclosed machinery.
This article shall be enforced by the Lacey Township Police Department
and the Lacey Township Code Enforcement Officer.
A.
Any person violating or failing to comply with any of
the provisions of this article shall, upon conviction thereof, be punishable
by a fine of no less than $100 and no more than $1,250, by imprisonment not
to exceed 90 days or by community service of not more than 90 days, or any
combination of fine, imprisonment and community service, as determined in
the discretion of the Municipal Court Judge; except that, in the Pinelands
Area, the maximum penalty shall be $500 for each offense, as provided in N.J.S.A.
13:18A-24. The continuation of such violation for each successive day shall
constitute a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above for each
separate offense.
B.
The violation of any provision of this article shall
be subject to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
