Prevention of discharge into Municipal Separate Storm Sewer System and New Jersey State Waters Ordinance
§ 158-12 Prevention of discharge into municipal separate storm sewer system and New Jersey State waters.
[Added 8-2-2010 by Ord. No. 10-17]
A. All dumpsters and refuse containers that are outdoors or exposed to stormwater shall be covered at all times. Any spilling, dumping, leaking, or other discharge of liquids, semi-liquids or solids from dumpsters to the municipal separate storm sewer system(s) operated by the Township and/or the waters of the State of New Jersey are hereby prohibited.
B. 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 different meaning:
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 Township of North Brunswick or other public body, and is designed and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm, association, political subdivision of the State of New Jersey subject to municipal jurisdiction or entity of any type or formation now known or hereinafter devised.
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.
WATERS OF THE STATE
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. Any person who controls, whether owned, leased, or operated, a refuse container or dumpster shall 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 shall ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Township of North Brunswick.
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; and
(5) Large bulky items (e.g., furniture, bound carpet and padding, and white goods placed curbside for pickup).
E. Enforcement. This section shall be enforced concurrently by the Township of North Brunswick Police Department, the Township Code Enforcement Officer and the Director of the Department of Public Works, or his or her designee.
F. Penalties. Any persons adjudged to be in violation of the provisions of this section shall be subject to a fine not to exceed $500.