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.
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.