[HISTORY: Adopted by the Township Council of the Township
of Marlboro 9-16-2010 by Ord. No. 2010-20.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 278.
[1]
Editor's Note: This ordinance also repealed former Ch.
164, Dumpsters, adopted 3-20-1997 by Ord. No. 13-97 (Ch. 61 of the
1981 Code).
No person shall park or leave unattended any waste or refuse
container, commonly known as a roll-off dumpster or roll-off container,
on or along any street, highway or public property in the Township
without having first obtained a permit from the Bureau of Traffic
and Safety of the Marlboro Township Police Department. After issuance,
said permit shall be valid for a period of 14 days and may be renewed
by application to the Bureau of Traffic and Safety for additional
fourteen-day periods, if necessary, at the discretion of the Bureau
of Traffic and Safety. The cost for each initial or renewal permit
shall be $5.
Any roll-off dumpster or roll-off container parked on or along
any street, highway or public property in the Township shall be equipped
with and display markers consisting of all yellow reflective diamond-shaped
panels having a minimum size of 18 inches by 18 inches in order to
warn passersby of the presence of a traffic hazard requiring the exercise
of unusual care. These panels shall be mounted at the edge of the
dumpster at both ends nearest the path of passing vehicles and facing
the direction of oncoming traffic. The markers shall have a minimum
mounting height of three feet from the bottom of the panels to the
surface of the roadway.
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
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:
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 Marlboro or other public body, and is designed
and used for collecting and conveying stormwater.
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.
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.
C.
Covering of containers; prevention of leaks or discharges.
(1)
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.
(2)
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 Marlboro.
D.
Exceptions are as follows:
(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, white
goods) placed curbside for pickup.
E.
Enforcement. This chapter shall be enforced concurrently by the Marlboro
Township Zoning and Code Enforcement Officials and the Marlboro Township
Police Department.
Violations of any of the provisions of this chapter shall be
punishable by one or more of the following, in the discretion of the
Municipal Court Judge: imprisonment in the county jail or in any place
provided by the Township for the detention of prisoners for any term
not exceeding 90 days, or by a fine not exceeding $2,000, or a period
of community service not to exceed 90 days. In case of a continuing
violation, each day of the violation shall constitute a separate offense.
In the case of a fine imposed upon a corporation, the fine and costs
may be collected in a civil action in such manner as may be prescribed
by law.