This article requires 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 discharging of liquids, semiliquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Milford and/or the waters of the state so as to protect public health, safety and welfare, and prescribes 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.
INDIVIDUAL(S)
Any individual, corporation, company, partnership, firm, association, or other political subdivision of this state subject to municipal jurisdiction.
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 Milford, and is designed and used for collecting and conveying stormwater.
REFUSE CONTAINER
Any waste container that an individual(s) controls, whether owned, leased, or operated, including dumpsters, dumpster bags, 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.
A. 
Any individual(s) 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 individual(s) 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 Milford.
The following are exceptions to the prohibition:
A. 
Litter receptacles (other than dumpsters, other bulk containers).
B. 
Individual homeowner trash and recycling containers.
C. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
D. 
Large bulky items (e.g., furniture, bound carpet and padding, and white goods placed curbside for pickup).
This Article III shall be enforced by the Borough Engineer of the Borough of Milford.
This chapter shall take effect immediately upon second reading, public hearing and adoption by the Milford Borough Council.
If the provisions of any section, subsection, paragraph, subdivision, or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision, or clause of this chapter.
All chapters or parts of chapters of the Borough of Milford Code which are inconsistent with or in conflict herewith are hereby repealed only to the extent of such inconsistency.