Town Ordinances

ORDINANCE NO. 07 - 2010

ORDINANCE NO. 7-2010

AN ORDINANCE PROVIDING FOR THE AMENDMENT AND SUPPLEMENTATION OF CHAPTER 12, "HEALTH AND SANITATION," OF THE "REVISED ORDINANCES OF THE BOROUGH OF MORRIS PLAINS, NEW JERSEY, 1972" WITH THE ADDITION OF A NEW ARTICLE 6, ENTITLED "REFUSE CONTAINERS AND DUMPSTERS."

WHEREAS, the Borough Council is required to adopt and enforce certain ordinances for the renewal of its Tier A Municipal Stormwater General Permit as issued by the New Jersey Department of Environmental Protection.

NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Morris Plains, they being the Governing Body thereof, as follows:

Section l:

Chapter 12, "Health and Sanitation" of the Revised Ordinances is hereby amended and supplemented with the addition of a new Article 6, entitled "Refuse Containers and Dumpsters," which shall read, in its entirety, as follows:

Article 6. REFUSE CONTAINERS AND DUMPSTERS.

12-37. Purpose.

An ordinance requiring dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times to prohibit the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough 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.

12-38. Definitions.

For the purpose of this ordinance, 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.

(a) Municipal separate storm sewer system (MS4) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Morris Plains or other public body, and is designed and used for collecting and conveying stormwater.

(b) Person means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

(c) Refuse container means any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

(d) Stormwater 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.

(e) Waters of the State 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.

12-39. Prohibited Conduct.

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.

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(s) operated by the Borough of Morris Plains.

12-40. Exceptions to Prohibition.

The prohibitions set forth in Section 12-39 shall not apply to the following:

  1. Permitted temporary demolition containers;
  2.  

  3. Public Litter receptacles (other than dumpsters or other bulk containers);
  4.  

  5. Individual residential homeowner trash and recycling containers;
  6.  

  7. Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit;
  8.  

  9. Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
  10.  

12-41. Enforcement.

This ordinance shall be enforced by all Police Officers of the Borough, the Borough Engineer, the Superintendent of the Department of Public Works, the Health Officer, the Zoning Officer and/or their duly authorized designees.

12-42. Penalties.

Any person who violates the provisions of this Article shall, upon conviction, be subject to the penalties authorized by Section 1-9 of the Revised Ordinances.

Section 2:

All other provisions of the aforesaid Chapter 12 of the Revised Ordinances shall be unaffected and are hereby continued.

Section 3:

All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 4:

If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid by a Court of competent jurisdiction, such a decision shall not affect

the validity of the remaining portions of this Ordinance.

Section 5:

This Ordinance shall take effect immediately after final passage and publication as provided by law.

Introduced: 06/17/10

Adopted: 07/15/10

Frank J. Druetzler, Mayor