Borough of Fort Lee, NJ
Bergen County
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Table of Contents
Table of Contents
[Derived from Ch. XI, Sec. 11-5, of the 1978 Code]
As used in this article, the following terms shall have the meanings indicated:
ASHES
The residue from coal or other fuel which has been consumed, and shall not include rubbish, garbage or any other waste materials.
GARBAGE
The refuse of animal or vegetable matter which has been used or intended to be used as food for man or beast. It does not include spoiled or decayed vegetables, fruit or condemned food from stores engaged in the business of selling food products, nor does it include ashes or rubbish as herein defined.
RUBBISH
Household waste material, including paper and rags, to be collected from the householder.
A system for the collection, removal and disposal of ashes, garbage and rubbish is hereby established. Such system shall be conducted by the Borough Council and the cost thereof shall be paid for by general taxation.
All ashes, garbage and rubbish shall be collected in accordance with rules and regulations of the Borough Council as may be adopted from time to time.
A. 
The Council may, by resolution, establish, make and amend rules and regulations for the government of the employees engaged in collection, removal and disposal of ashes, garbage and rubbish; also fixing the number and time and manner of collection thereof not inconsistent with the provisions of this article.
B. 
Subject to the approval of the Council, the Committee may establish, make, alter and amend reasonable rules and regulations with respect to the collection, removal and disposal of ashes, garbage and rubbish.
No person, except a scavenger duly licensed by the State of New Jersey and except the Department of Public Works, shall use the public streets for the purpose of collecting, transporting or disposing of any offal, garbage, ashes, dead animals, paper or refuse matter that may become dangerous to the public health.
Nothing contained in this article shall be construed to affect, alter, change or modify any rule, regulation or ordinance of the Board of Health.
A. 
Any residential or commercial property owner is prohibited to permit open or overflowing garbage or waste disposal bins on his/her property.
B. 
Penalties for violation of this section shall be as provided in Chapter 1, Art. III, § 1-17.
[Added 7-22-2010 by Ord. No. 2010-19]
A. 
Purpose. This section requires that dumpsters and other refuse containers that are outdoors or exposed to stormwater 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 and/or the waters of the state so as to protect the public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions. 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 difference 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.
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 or other public body, and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
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 or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
C. 
Prohibited conduct. 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. 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, semiliquids or solids to the municipal separate storm sewer system(s) operated by the Borough.
D. 
Exceptions to prohibition:
(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.
(5) 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
E. 
Enforcement. This section shall be enforced by the Building Department of the Borough.
F. 
Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine as established in Chapter 1, Article III, § 1-17.
G. 
Severability. Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
H. 
Effective date. This section shall be in full force and effect from and after its adoption and any publication as may be required by law.
A. 
It shall be unlawful for any person to sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property must keep the sidewalk in front of his or her premises free of litter. All litter sweepings must be collected and properly containerized for disposal.
B. 
Penalties for violation of this section shall be as provided in Chapter 1, Art. III, § 1-17.