|
|
ORD2009 - 17 - REFUSE CONTAINERS
Posted on October 10, 2009 at 7:17 am
ORD 2009-17
An Ordinance to Amend the General Code of the Town of Hackettstown to Add Chapter 11-Health and Sanitation, Article 12-Refuse Containers, to Delete from the Land Use Code-Section 525-Stormwater Control, Section 11-Penalties, Section 12-Effective Date and Section 13-Severability and to Add to the Land Use Code-Section 525-Stormwater Control, New Section 11-Private Drain Retrofitting to Comply With State Wastewater Regulations and New Section 12-Penalties
BE IT ORDAINED by the Mayor and Common Council of the Town of Hackettstown as follows:
Section One: Chapter 11, Article 12 is hereby added to the General Code of the Town of Hackettstown to read as follows:
ARTICLE 12. REFUSE CONTAINERS.
11-110. Purpose.
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, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Town of Hackettstown 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.
11-111. 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) - 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 Town of Hackettstown or other public body, and is designed and used for collecting and conveying stormwater.
b. Person - any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
c. Refuse container - 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.
11-112. 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 Town of Hackettstown.
11-113. Exceptions to Prohibition.
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)
11-114. Enforcement.
This ordinance shall be enforced by the Hackettstown Police Department.
11-114. Penalties.
Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed $1,000.00.
Section Two: The Land Use Code of the Town of Hackettstown, Chapter 525-"Stormwater Control", is amended to delete Section 11-Penalties, Section 12-Effective Date and Section 13-Severability.
Section Three: The Land Use Code of the Town of Hackettstown, Chapter 525-"Stormwater Control", is amended to add new Section 11-"Private Drain Retrofitting"to read as follows:
Section 11: Private Drain Retrofitting.
A. Purpose.
An ordinance requiring the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Town of Hackettstown so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 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)- 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 Town of Hackettstown or other public body, and is designed and used for collecting and conveying stormwater.
b. Person - any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
c. Storm drain inlet- an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
d. 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.
B. Prohibited Conduct.
No person in control of private property (except a residential lot with one single family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
1. Already meets the design standard below to control passage of solid and floatable materials; or
2.Is retrofitted or replaced to meet the standard in Section C below prior to the completion of the project.
C. Design Standard.
Storm drain inlets identified in Section B above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see C-3 below.
1. Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
a. The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
b. A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
2. Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.
3. This standard does not apply:
a. Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
b. Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
i. A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or
ii. A bar screen having a bar spacing of 0.5 inches.
c. Where flows are conveyed through a trash rack that has parallel bars with one-inch (1") spacing between the bars; or
d. Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
D. Enforcement.
This ordinance shall be enforced by the Superintendent of the Department of Public Works of the Town of Hackettstown or the Town Engineer.
Section Four: The Land Use Code of the Town of Hackettstown, Chapter 525-"Stormwater Control", is amended to add new Section 12-"Penalties" to read as follows:
Section 12: Penalties.
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this ordinances shall be subject to the following penalties:
A. A fine of up to Two Thousand Dollars. Each day a violation continues shall constitute a separate offense.
Section Five:
Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.
Section Six: This Ordinance shall take effect upon the publication of notice of final adoption as provided by law.
NOTICE
Notice is hereby given that the aforesaid Ordinance was introduced at a regular meeting of the Common Council of the Town of Hackettstown, New Jersey, held on September 26, 2009 and that at a regular meeting of the same to be held on November 9, 2009 at the Municipal Building, 215 Stiger Street, Hackettstown, New Jersey, at the hour of 7:30 o'clock in the evening, the said Common Council will consider the final passage of said Ordinance.
__________________________________ William W. Kuster, Jr. Town Clerk/Administrator
|
