[Adopted 9-27-2010 by Ord. No. 2010-13]
An ordinance requiring 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 discharge
of liquids, semiliquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Township of Eagleswood
and/or the waters of the state so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
A.
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 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.
B.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
Terms defined. As used in this article, the following terms shall
have the meanings indicated:
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 Eagleswood 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.
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 water or groundwater, 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, semiliquids or solids to the municipal separate
storm sewer system(s) operated by the Township of Eagleswood.
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 article shall be enforced by the Code Enforcement Officer
or the Public Works Supervisor of the Township of Eagleswood.
A.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable of a
fine of not more than $500, by imprisonment for a term not to exceed
90 days, or by community service of not more than 90 days, or any
combination of fine, imprisonment and community service as determined
in the discretion of the Municipal Court Judge. The continuation of
such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
B.
The violation of any provision of this article shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.