[HISTORY: Adopted by the Board of Health of the Borough of Fanwood 3-4-1981 as part of the Sanitary Code of the Board of Health of the Borough of Fanwood, Revision of 1980. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 224.
Recycling — See Ch. 235.
Sanitary sewers — See Ch. 242.
Sanitary regulations — See Ch. 354.
Sewage disposal; scavengers — See Ch. 360.
[Amended 7-13-2010 by Ord. No. 10-09R]
The following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter 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.
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 Fanwood or other public body, and is designed and used for collecting and conveying storm water.
OFFAL, REFUSE, RUBBISH, GARBAGE and COMBUSTIBLE AND NONCOMBUSTIBLE WASTE
Shall be interchangeable and shall mean and include the following:
A. 
Refuse, garbage and combustible and/or noncombustible waste solids.
B. 
Animal and/or vegetable waste solids resulting from the handling, preparation, cooking and consumption of food.
C. 
Combustible waste, yard trimmings, rags, wood, cardboard and waste solids of a nonvolatile or nonexplosive nature. This section shall not apply to building materials, trees, branches, earth, stones or industrial wastes.
D. 
Nonputrescible solid wastes of both combustible and noncombustible wastes.
E. 
Putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes and solid market and industrial wastes.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
REFUSE CONTAINER or RECEPTACLE
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.
A. 
The owner, agent, lessee, tenant or occupant of every dwelling house or other premises where waste accumulates shall provide and keep on such premises sufficient and suitable receptacles with tight-fitting covers for receiving and holding the waste.
B. 
"Sufficient" is defined for the purpose of this section to be at least one receptacle for each family unit or other occupant of a premises and at least one receptacle for each commercial or business establishment where refuse shall accumulate; but each occupant of a premises shall provide sufficient receptacles to store all waste which may be accumulated between the times when such refuse is disposed of as hereinafter provided.
C. 
"Suitable" is defined to be a watertight metal, rubber or plastic receptacle with a tight-fitting cover so constructed as to prevent spilling or leakage of its contents.
D. 
Receptacles shall be conveniently located on premises for the storage of refuse and maintained in such a manner with the cover in place as to prevent creation of a nuisance or menace to public health.
A. 
Garbage shall be thoroughly and completely drained of all liquids and placed in a suitable container.
B. 
Combustible or noncombustible waste of such a nature that it cannot be deposited in a receptacle shall be securely and properly tied into bundles or packages to prevent spilling or scattering.
A. 
The person occupying any premises whereon a business or industry is conducted shall arrange for the removal of refuse from such premises each day unless sufficient and suitable facilities are provided and used for the storage of such refuse within a building on such premises until the refuse is removed.
B. 
The person occupying any premises shall be required to arrange for the pickup or collection of refuse from the premises at least twice a week when the premises is being occupied and used by such person.
A. 
Every person, whether he is the owner, tenant or occupant of any dwelling house, and every owner, lessor or agent of an apartment house or tenement house shall cause all garbage and refuse to be removed from the premises of which he is the owner, tenant or occupant thereof at least twice each week.
B. 
No garbage or refuse shall be burned, buried or otherwise disposed of by any person on any property not licensed by the State of New Jersey for such disposal.
[Amended 3-3-2003 by Ord. No. 03-01]
The licensing of refuse collection, the setting of rates for residential service and the appropriate rules and regulations covering the same are now under the jurisdiction of the New Jersey Department of Environmental Protection.
[1]
Editor’s Note: Former § 320-7 was redesignated as § 320-12 on 7-13-2010 by Ord. No. 10-09R.
[Added 7-13-2010 by Ord. No. 10-09R]
In order to protect the public health, safety and welfare, refuse containers that are outdoors or exposed to stormwater must be covered at all times to avoid the spilling, dumping, leaking, and/or discharging of liquids, semi-liquids or solids from such containers into the Borough's storm sewer system and/or into the waters of the State of New Jersey.
[Added 7-13-2010 by Ord. No. 10-09R]
A. 
Any person who controls, whether owned, leased, or operated, a refuse container shall ensure that it is covered at all times and shall prevent refuse from spilling out or overflowing from said container.
B. 
Any person who owns, leases or otherwise uses a refuse container must ensure that it does not leak or otherwise discharge liquids, semi-liquids or solids into the municipal separate storm sewer system operated by the Borough.
[Added 7-13-2010 by Ord. No. 10-09R]
Exceptions to conduct prohibited pursuant to § 320-9.
A. 
Permitted temporary demolition containers.
B. 
Litter receptacles (other than refuse containers).
C. 
Individual homeowner refuse containers and recycling containers.
D. 
Refuse Containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
E. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for bulk collection).
[Added 7-13-2010 by Ord. No. 10-09R]
Section 320-9 shall be enforced by the Department of Public Works.
[Added 3-3-2003 by Ord. No. 03-01; 7-13-2010 by Ord. No. 10-09R]
A. 
Any person(s) who is (are) found to be in violation of any section of this chapter except § 320-9 shall be subject to a fine of not less than $25 nor more than $2,000.
B. 
Any person(s) who is (are) found to be in violation of § 320-9 shall be subject to a fine not to exceed $2,000, or by imprisonment for a term not exceeding 90 days, or both.