This chapter may be cited and referred to as
the "North Brunswick Dumpster Regulations Ordinance."
This chapter is adopted pursuant to law in order
to provide regulations for the use of commercial, construction and
property maintenance dumpsters within the Township of North Brunswick.
As used in this chapter, the following terms
shall have the meanings indicated:
COMMERCIAL DUMPSTER
A container or debris-transfer body commonly used for the
placing or collection of solid waste, garbage, trash and/or other
refuse for removal and hauling by private haulers.
CONSTRUCTION DUMPSTER
A container or debris-transfer body commonly used for the
placing or collection of construction materials and/or building materials
during construction, renovation or demolition for use at commercial
or residential construction sites to be removed by a private hauler.
Construction dumpsters are not to be used for household garbage, solid
waste or matter of a putrescent or putrescible nature.
CURBSIDE
A location in the public right-of-way in proximity to the
curb or in a similar area where a curb does not exist or in an alternate
location as determined by the Director of the Department of Public
Works or his or her designee.
ENFORCEMENT AUTHORITY
The Zoning Officer or his or her designee shall have the
primary responsibility for enforcement of the terms of the provisions
of this chapter with respect to commercial dumpsters. The Director
of the Department of Community Development or his or her designee
shall have primary responsibility for enforcement of the terms of
the provisions of this chapter with respect to construction dumpsters.
The Director of the Department of Public Works or his or her designee
shall have primary responsibility for enforcement of the terms of
the provisions of this chapter with respect to property maintenance
dumpsters. The Township Police Department and the Director of the
Department of Community Development, or their designees, shall have
secondary authority to enforce all of the provisions of this chapter
and to issue summonses for any violations under this chapter.
PERSON
Any natural person or firm, partnership, association, corporation,
company, organization or entity of any type or formation.
PROPERTY MAINTENANCE DUMPSTER
A roll-off dumpster used for the removal of personal property
or other goods, landscape material and household items. Property maintenance
dumpsters are not to be used for the removal of construction and building
materials, refuse, debris, household garbage, solid waste or matter
of a putrescent or putrescible nature.
PROPERTY MAINTENANCE DUMPSTER RENTED FROM THE TOWNSHIP
A roll-off dumpster used for the personal property or other
goods, yard waste, recyclable and household items which is rented
from the Township. Property maintenance dumpsters rented from the
Township are not to be used for the removal of construction and building
materials, tree stumps, refuse, debris, household garbage, solid waste,
stone, soil, concrete, asphalt, railroad ties or matters of a putrescent
or putrescible nature.
PUBLIC AREA
Any public street, sidewalk, highway, lane, alley, parking
lot or other public place or right-of-way in any zone within the Township.
ROLL-OFFS
A container or debris-transfer body commonly used for the
placing or collection of solid waste, garbage, trash and/or other
refuse and/or building materials during construction, renovation or
demolition, which does not use a sealed lid and is "rolled" off and
onto a collection vehicle.
Upon removal of any type of dumpster by the Township as provided in §
158-7 or the failure of any lessor to reimburse the Township for the costs of removal of inappropriate materials pursuant to §
158-6D(7), such costs shall be charged as a special tax against the owner of the lands where the dumpster was located. The amount thereof shall thereupon become a lien and tax upon lands and shall be added to and become part of the taxes next to be levied and assessed upon such lands by the Tax Collector's office. Said amount shall bear interest at the same rate and shall be collected and enforced by the same officers and in the same manner as taxes. The Township shall have the right to bring a summary action for collection of such costs, including reasonable attorney's fees incurred, in the Superior Court of New Jersey, Law Division, Middlesex County.
The appropriate enforcement authority, or his
designee, shall be primarily charged with the enforcement of the provisions
of this chapter and shall cause prosecutions for violations thereof
to be instituted before the Municipal Court with all reasonable dispatch.
The Township Police Department or the Director of the Department of
Community Development or the Director of the Department of Public
Works, or their designees, shall have concurrent authority to enforce
all of the provisions of this chapter. The appropriate enforcement
authority shall not be required to serve a violation notice or like
correspondence to violators of the provisions of this chapter and
shall have the right to immediately issue summonses to any violators
of the provisions of this chapter.
Any Township employee who observes noncompliance
with any of the regulations of this chapter shall immediately notify
the Department of Community Development, the Township Police Department
or the Department of Public Works.
[Added 8-2-2010 by Ord. No. 10-17]
A. All dumpsters and refuse containers that are outdoors or exposed
to stormwater shall be covered at all times. Any spilling, dumping,
leaking, or other discharge of liquids, semi-liquids or solids from
dumpsters to the municipal separate storm sewer system(s) operated
by the Township and/or the waters of the State of New Jersey are hereby
prohibited.
B. Definitions. 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:
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Township of North Brunswick or other public body, and is designed
and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association, political subdivision of the State of New Jersey subject
to municipal jurisdiction or entity of any type or formation now known
or hereinafter devised.
REFUSE CONTAINER
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
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.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies
of surface or groundwater, whether natural or artificial, within the
boundaries of the State of New Jersey or subject to its jurisdiction.
C. Any person who controls, whether owned, leased, or operated, a refuse
container or dumpster shall 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 shall 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 Township
of North Brunswick.
D. Exceptions to prohibition:
(1) Permitted temporary demolition containers;
(2) Litter receptacles (other than dumpsters or other bulk containers);
(3) Individual homeowner trash and recycling containers;
(4) Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit; and
(5) Large bulky items (e.g., furniture, bound carpet and padding, and
white goods placed curbside for pickup).
E. Enforcement. This section shall be enforced concurrently by the Township
of North Brunswick Police Department, the Township Code Enforcement
Officer and the Director of the Department of Public Works, or his
or her designee.
F. Penalties. Any persons adjudged to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500.