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Township of Lacey, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Lacey as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 55.
Solid waste — See Ch. 289.
Sewage disposal systems — See Ch. 400.
[Adopted 7-3-1974 as Ch. 115 of the 1974 Code]
That area or portion of Plot 5, Block 1837 as shown on the Official Tax Map of this municipality, as may be from time to time, so identified by signs, fences or otherwise, with entrance on Lacey Road, is hereby designated and set aside for a sanitary landfill disposal area for the disposal of garbage, refuse, rubbish and other debris, exclusive of trees and tree stumps, the disposal of which in any municipal landfill site is prohibited.
It shall be unlawful to dump or dispose of or accumulate any refuse, rubbish, garbage, ashes, offal, decaying or vegetable substance or other spoiled matter, debris or other waste materials in any section or area of this township other than in the above-described and designated area or areas hereafter designated as public municipal dumping areas for residents of this township, and the dumping, disposal or accumulation of any refuse, rubbish, garbage, ashes, offal, decaying or vegetable substance or other spoiled matter, debris or other waste materials in any other section or area of the township is hereby prohibited.
The use or maintenance of any area by any person, corporate or otherwise, for dumping or disposing of or accumulating refuse, rubbish, garbage, ashes, offal, decaying or other vegetable substance or other spoiled matter, debris or other waste materials, other than as herein described, designated and permitted, is hereby deemed and declared a detriment to the public health, a nuisance and unlawful.
The public dumping areas as above described or as may be hereafter from time to time so designated shall be open from 8:00 a.m. to 4:00 p.m., prevailing time, each day Monday through Saturday only, and the use of such areas for any purpose by anyone other than municipal employees of the Township of Lacey engaged in the operation and maintenance of the sanitary landfill sites is prohibited.
All landfill dumping facilities are provided and maintained for the exclusive use and benefit of residents and owners of real property in Lacey Township, and the use of said facilities by any person for any other purpose is hereby prohibited.
The dumping or disposal of residual wastes from the cleaning of cesspools, septic tanks and the like into the sanitary landfill areas herein designated is hereby prohibited.
[Amended 5-2-2005 by Ord. No. 2005-2]
A. 
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment 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.
[Adopted 5-2-2005 by Ord. No. 2005-2]
The purpose of this article is to prohibit the spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Township of Lacey, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
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 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 Township of Lacey or other public body and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
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.
The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by Township of Lacey is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
Following are exceptions to the above prohibited conduct:
A. 
Water line flushing and discharges from potable water sources.
B. 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
C. 
Air-conditioning condensate (excluding contact and noncontact cooling water).
D. 
Irrigation water (including landscape and lawn watering runoff).
E. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
F. 
Residential car washing water, and residential swimming pool discharges.
G. 
Sidewalk, driveway and street wash water.
H. 
Flows from fire-fighting activities.
I. 
Flows from rinsing of the following equipment with clean water:
(1) 
Beach maintenance equipment immediately following their use for their intended purposes; and
(2) 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage and exposed parts and does not apply to engines or other enclosed machinery.
This article shall be enforced by the Lacey Township Police Department and the Lacey Township Code Enforcement Officer.
A. 
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment 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; except that, in the Pinelands Area, the maximum penalty shall be $500 for each offense, as provided in N.J.S.A. 13:18A-24. 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.