[Adopted 10-8-2009 by Ord. No. 2009-16]
The purpose of this article is to require dumpsters and other
refuse containers that are stored outdoors or exposed to stormwater
to be covered at all times and to prohibit 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 Netcong 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.
A.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
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.
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 Netcong 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.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
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 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.
B.
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.
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.
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 of Netcong.
Exceptions to prohibitions are as follows:
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 Police Department, Director
of Public Works, Zoning Official, Health Department or any other agent
duly designated by the Borough Council of Netcong.
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.