Township of Marlboro, NJ Chapter 164 Dumpsters

[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[1] Editor's Note: This ordinance also repealed former Ch. 164, Dumpsters, adopted 3-20-1997 by Ord.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).

§ 164-1 Permit required; fee.

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.

§ 164-2 Reflective markers required.

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.

§ 164-3 Prevention of discharge into municipal separate storm sewer system and New Jersey state waters.

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. 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 Marlboro 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 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.

§ 164-4 Violations and penalties.

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.