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Home My Public Portal AboutOrd. 10-006 No. 10-6 (!f)rotmmu of Hre ~orougIr of QJuderd1 ~ ~ JJ ~ Councilman Presents the following Ordinance Seconded by Councilman ffiDllW\l:E RIruIP:JJN:; O'RD-\IN REFUSE crnwNERS AND IX.MSIERS SECTION J. Purpose: An ordinance requiring dumpsters and other refuse containers that are outdoors or exposed to stonnwater 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 sto'rm sewer system(s) operated by the Borough of Carteret andlor the waters of the State so as to protect public health, safety and welfare, and to prescribe pen allies for the failure to comply therwith. SECTION II. 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 inciude 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 (inciuding 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 Carteret or other public body, and is designed and used for collecting and conveying stormwater. b. Person - any individual, corporation, company, partnership, firm, association, or poiitical 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 stonn 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 nalulal or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction, SECTION III. 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 overfiowing. Any person who owns, ieases or otherwise uses a refuse container or dumpster must ensure that such contamer or dumpster does not leak or otherwise discharge liquids semi- liquids or solids to the municipal separate storm sewer system{s) operated by the B~rough of Carteret. " NO. 1O-h PAGE ? SECTION IV. Exceptions to Prohibition: a. Pennitted 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 stonnwater under a valid NJPDES permit e. large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup) SECTION V. Enforcement: This ordinance shall be enforced by the Borough of Carteret Departments of Construction, Engineering andlor Public Works, as well as the Police Department. SECTION VI. Penalties: Any person{s) who is found to be in violation of the provisions of this ordinance shall be subject to the then current Vioiation and Penalty provisions of Section 1-17 this Code. SECTION VII. Severabitity: 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 VIII. Effective date: This Ordinance shall be in full fo'rce and effect from and after its adoption and any publication as may be required by law. COUNCILMAN DO NOT USESPACE BELOW THIS LINE RECORD OF COUNCIL VOTE YES NO NY A.B. COUNC1LMAN X KRlM x i'W'lES X SillIRZ YES NO NV A.B. X X X DIAZ D1 M\5CIO X. Indicate Vote AB. Absent NY. Not Yoting XOR -Indicates .....ole-to Overrule Veto Adopted on first"reading of the Council orlne Boro~h of'Carteret, N,]" on June 11, 2010 Adopted on second reading er hearing on . April 22, 2010 MAYOR ON 'JOROlliH IX CARlffiEf ORDINANCE 11 10-6 ORDINANCE REGULATING CERTAIN REFUSE CQ'lTA!NERS AND DUMPSTERS The Foreg(>'rg OIdinanc.,. was intriJduc<O-d at ~a~:;tJnter~ t~rI~:~2g16h~v~:~f~~ adiJpted on First Reading The ""aid ordi- nance w~1 be fwther c=idered on SeCond Reading for Final Adopting at a meeting of :;;~'''_JnCiI of trn Borough of CartqiOt on Jtf '7, 21710 at appro.>:;mately 6-00 p~ .iJIemori,:d MuniCIPill Bwlding, 61 COOr,." A~ue, Carteret, N~w Jersey at wl-lch time i1nct pilN 'III persons irtelested KR~r~n~~~8ox~~~t~~fcbe ~i1rd. Mun:Cipal Cle!K ($11.34) 145486 / Q ~ \D~\P AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One (1) time(s), once in each issue as follows: Mav 22. 2010 ~q.~ Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2011 ~. -- f:l ..//!.../ . ,c-~e(;;J;i ~l./ ~c , Kathleen M. Barney, MMC 6--- Municipal Clerk ' Sworn and subscribed before me this:J ,')..-/:.t. day of 1'1 o\.A!.31.;)O/o BOROUGH OF CARlERET ANCE#\lO;6 EGULATINGiCERTAIN N.l::fi$ANP...pl..lMeSrE~$ r(jjl)~ru:.e ....WaS!fltrOQI)l::\Ni~t af.!C9lJn<;il()f:th!'!~f9ugh9f p(whe:.n.itwas a..j)p.<.On ::J~lljl:L$~ld(lr(jh nal1{;ewill:~Jurt ~.onSet:,()l)d ~a'1~(jWllh~IF6V~tl rcn;:~t'J~f(joJ JUNE17;Z171... ..... . ..;.ste,IYt5~OP P.M., ....: MIHll()r1aII-,1UOll:: Pa . EJuHdlng,61 iCOOkeA~l1uet...:....Carteret,...NeWJersey...~t Whh:I1.t1rn1:ll3I1t:J.. p!aceallru;r$onsifJter~t~ : ~~t1L~~&nM.nBoK~1~']i:X~OCtJ~117ar(j. ~~~?j14"8!~rk 145486 8QROOGH Of CA\1ERlT O.R.DINANCE # :':0-6 ORDINANCE REGULATING CERTAIN REFUSE CONTAINERS AND DUMPSTERS APPROVED AND AOOPTED: ~ JUNE 17 2010 INTRODUCED: ,. \22 2010 ("red as adopt~ , ..1 nr:;t reading WIUI rntioe of Public ~ayi~ 2010 Heari, Held: ~UNr~e~ 2~1O WYO;<D~lElJ. REIMAN Advertlredas finally j~NJe12 2010 KAn-llEfN BARNEY MUNICIPAL CLERK ($8.10) 160891 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One (1) time(s), once in each issue as follows: June 21, 2010 ~t?~ Notary Public of New Jersey 1 LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIflES MAY 2, 2011 I at leen M. Barney, MMC Municipal Clerk Sworn and subscribed before me thisJ;lrM day Ofc9.A~ dblO, BOROUGH Of CARTfRET g~pJNANGf:#il{)-t:i ORDINANCE........ REGULATING CCOERTAIN REFUSE ~~AINERS AND, A~kRoWJ~t~s ADOPTED:. -JUNE 172010 INTRODUCED. APRIl22 20io ~gvfUtl!>idas adoPh "'"! on.. flr$1 .. readIng wlth.notlce of Public Hearmg: MAY 22 2010 Hearing Held. JUNE 17,20"10 ~ppmvod By, W~M~7pANIELJ. AdI(~l1lsed as' finally adopted: f8"N~ 22. 2010 I Lt.I:N BARNEY M($UNICIPAl CLERK fI.IO) 160891 I