Ordinance No. 08-10

Introduced: May 6, 2010
Public Hearing: June 3, 2010
Status: Adopted

An ordinance amending Chapter 42, Solid Waste Management, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey

WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and

WHEREAS, the Tier A Municipal Stormwater General Permit (Tier A Permit) for discharge to surface water and groundwater is one of four New Jersey Pollutant Discharge Elimination System (NJPDES) general permits that are part of the Municipal Stormwater Regulation Program established by the New Jersey Departmental of Environmental Protection (DEP); and

WHEREAS, the Township of Randolph received authorization under the Tier A Permit to discharge stormwater from municipal separate storm sewers in 2004; and

WHEREAS, on March 1, 2009, the DEP renewed the Tier A Permit for an additional five year period and amended the Tier A Permit to refine aspects of the Tier A Permit to better protect water quality and to assist municipalities in complying with the conditions of the Tier A Permit; and

WHEREAS, the amendments to the Tier A Permit require the Township of Randolph to have fully implemented a refuse container/dumpster ordinance consistent with the model ordinance provided by the DEP by September 1, 2010; and

WHEREAS, the Township of Randolph desires to amend Chapter 42, Solid Waste Management, of the Revised Ordinances of the Township of Randolph to be consistent with the model ordinance provided by the DEP and to require that dumpsters and other refuse containers be covered to prevent the spilling, leaking, dumping or other discharge of liquids, semi-liquids and solids into the Township stormwater system, thereby helping to protect and improve surface water quality.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. Chapter 42, Solid Waste Management, of the Revised Ordinances of the Township of Randolph is hereby amended by the addition of the following:

Sec. 42-36—Refuse Containers/Dumpsters

(a) Purpose.

This section requires 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 Township of Randolph 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.

(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.

1. 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 Township of Randolph or other public body, and is designed and used for collecting and conveying stormwater.

2. Person—any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

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

4. 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.

5. 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.

(c) Prohibited Conduct:

1. 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.

2. 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 Township of Randolph.

(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

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

(e) Enforcement:

This ordinance shall be enforced by the Health Department of the Township of Randolph.

(f) Penalties:

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a penalty in accordance with Section 1-7 of the Revised Ordinances of the Township of Randolph. Each day in which a violation exists shall be considered to be a separate offense.

SECTION TWO. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION THREE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION FOUR. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Jay Alpert, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 08-10

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Chapter 42, Solid Waste Management, Of The Revised Ordinances Of The Township of Randolph, Morris County, New Jersey” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on May 6, 2010 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on June 3, 2010 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend Chapter 42, Solid Waste Management, of the Revised Ordinances of the Township of Randolph to be consistent with the model ordinance provided by the DEP and to require that dumpsters and other refuse containers be covered to prevent the spilling, leaking, dumping or other discharge of liquids, semi-liquids and solids into the Township stormwater system, thereby helping to protect and improve surface water quality.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey