[Ord. #2075, 6-9-2009, adopted]
This section 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, semi-liquids or solids from the containers to the municipal
separate storm sewer system operated by the Township of Bernards or
other public body 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 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 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.
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 Township of Bernards or other public body, and is designed
and used for collecting and conveying stormwater.
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.
Means 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.
Means the ocean and its estuaries, all springs, streams and
bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
a.
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.
b.
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, semi-liquids or solids to the municipal
separate storm sewer system operated by the Township of Bernards or
other public body and/or the waters of the state.
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash 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 pickup).
This section shall be enforced by the Police Department or Zoning
Officer of the Township of Bernards.
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to penalties as set forth in Section
3-1 of the Revised General Ordinances of the Township of Bernards.
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.
This section shall be in full force and effect from and after
its adoption and any publication as may be required by law.
