[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-27-1972 by Ord. No. 72-9 as Ch. 11, Art. 2, of the Revised Ordinances of 1972]
It is hereby found, determined and declared that it is in the public interest that:
A. 
The periodic collection and disposal of commercial garbage and trade wastes be required at the cost and expense of the persons in possession, charge or control of the premises in or upon which commercial garbage or trade wastes are produced or accumulate.
B. 
Rules and regulations governing the accumulation, storage, transportation and disposal of commercial garbage and trade wastes be established.[1]
[1]
Editor's Note: Original Section 11-9(c), which immediately followed this subsection, was deleted 5-13-1997 by Ord. No. 97-8.
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL GARBAGE
All putrescible animal, fruit and vegetable wastes and offal that result from the operation of any business, trade or industry in or upon any premises in the Borough that are not used primarily for residential purposes.
TRADE WASTES
All nonputrescible wastes, both combustible and noncombustible, that result from the operation of any business, trade or industry in or upon any premises in the Borough that are not used primarily for residential purposes.
No person in possession, charge or control of premises in or upon which commercial garbage or trade wastes are produced or accumulate shall:
A. 
Permit commercial garbage and trade wastes to be stored in any manner that does not conform with the requirements set forth in § 252-6.
B. 
Permit commercial garbage and trade wastes to remain stored on the premises at places, in quantities and for periods of time in excess of those prescribed in § 252-6.[1]
[1]
Editor's Note: Original Section 11-11(c), which immediately followed this subsection, was deleted 5-13-1997 by Ord. No. 97-8.
C. 
Dispose of any commercial garbage within the Borough by any means whatsoever.
D. 
Dispose of any trade wastes within the Borough by burning or in any other way except in accordance with the ordinances and regulations of the Borough governing such disposal.
The maximum number of cans per collection for each of the premises served by the Department of Public Works; the number of collections per week; the rates to be charged for such services; the method and times of billing and payment of said charges; and the terms and conditions of the performance of said services shall be as set forth in § 252-6.
[Amended 5-13-1997 by Ord. No. 97-8]
Any person who violates any provision of this article shall, upon conviction thereof, be punished as provided in Chapter 226, Penalties.
[Amended 3-27-1984 by Ord. No. 84-2; 12-23-1986 by Ord. No. 86-20; 2-9-1988 by Ord. No. 88-1; 12-12-1989 by Ord. No. 89-27; 5-13-1997 by Ord. No. 97-8]
Storage and removal:
A. 
No commercial garbage or trade wastes, shall be stored in such manner as will permit the scattering, littering or disintegration thereof, or violate any of the statutes, ordinances, regulations or requirements relating to health, cleanliness, nuisances, safety, fire, public passage, property maintenance or like exercise of the general police powers.
B. 
All commercial garbage and trade wastes, shall be removed from the premises on which they are stored as frequently as may be required to comply with the aforesaid statutes, ordinances, regulations and requirements.
[Adopted 6-9-2009 by Ord. No. 09-12]
An article requiring 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, semiliquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Hillsdale 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.
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 Borough of Hillsdale or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
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 water or groundwater, 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, semiliquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Hillsdale.
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 associated with industrial activity 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 Police Department of the Borough of Hillsdale.
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 $500.