[Derived from Ch. XI, Sec. 11-5, of the 1978
Code]
As used in this article, the following terms
shall have the meanings indicated:
The residue from coal or other fuel which has been consumed,
and shall not include rubbish, garbage or any other waste materials.
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.
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.
[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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
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.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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 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.
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.
