[HISTORY: Adopted by the Township Committee of the Township of Middle
9-7-1989 as Ord. No. 693-89. Amendments noted where applicable.]
The use or maintenance of any waste disposal area within the confines
of the Township of Middle other than those areas, if any, officially established
by a New Jersey Department of Environmental Protection permit or officially
designated by the Township Committee of the Township of Middle shall constitute
a detriment to the public health and a nuisance.
No person, firm or corporation, whether acting as contractor, agent,
employee, collector or owner, shall dump, deposit or dispose of any garbage,
animal matter, refuse, rubbish, debris, concrete, construction materials or
salvage or waste material in or upon any lands within the confines of the
Township of Middle other than the designated and permitted areas. Nothing
in this section shall be construed to hinder, impede or prevent the ordinary
and normal activities of a farm operation.
[Added 12-16-1993 by Ord.
No. 875-93]
No person, corporation or other entity shall, regardless of intent,
engage or be permitted to engage in the collection or disposal of solid waste
in excess of one hundred forty-eight thousandths (0.148) cubic yard of solids
or 30 United States gallons of liquids, whether for profit or otherwise, except
at a disposal site or any other place which has authorization from the Department
of Environmental Protection or the Board of Public Utilities to accept solid
waste.
[Added 12-16-1993 by Ord.
No. 875-93]
No person, corporation or other entity shall, regardless of intent,
transport or cause or permit to be transported any solid waste in excess of
one hundred forty-eight thousandths (0.148) cubic yard of solids or 30 United
States gallons of liquids, whether for profit or otherwise, to a disposal
site or any other place which does not have authorization from the Department
of Environmental Protection or the Board of Public Utilities to accept solid
waste.
[Amended 2-18-1993 by Ord.
No. 843-93]
Any person assisting in the conviction of a violator of this chapter
through the signing of a complaint, the giving of testimony in court or other
significant assistance to the enforcement authorities thereof or who testifies
in court in an action against an alleged violator of this chapter resulting
in conviction may receive a reward of up to one-half (1/2) of the penalty
assessed by the court, to a maximum amount of $1,000. The exact amount of
the reward shall be determined, in his/her sole discretion, by the Code Official
of the Township of Middle.
[Amended 4-4-1991 by Ord.
No. 772-91]
This chapter shall be enforced by the Township Police Department, the
Township Code Enforcement Official, the County Health Department and the Township
Construction Official.
A.
Any person, corporation or other entity who shall violate
any provision of this chapter shall, upon trial or conviction, be subject
to a fine of not less than $100 nor more than $1,000 for each and every such
violation, plus the cost of cleanup, or community service work for a period
not to exceed 90 days or imprisonment for a term not to exceed 90 days or
any combination of these penalties. Each day upon which a violation of this
chapter shall continue to exist shall be deemed a separate offense. Additionally,
each and every separate item, article or piece of material dumped shall be
deemed a separate and distinct offense.
B.
It is the affirmative intention of this chapter that
any person, corporation or other entity who shall be convicted of a violation
of any provision of this chapter shall be sentenced to the maximum monetary
penalty allowed hereunder and, in addition, shall serve a term of imprisonment
of not less than seven days in the Cape May County Jail. The trier of fact
in each case is urged, within his/her discretion to implement the penalties
provided hereunder according to the herein-expressed intention of this chapter.
C.
Any person, corporation or other entity who is convicted of a violation of § 128-2.1 or 128-2.2 of this chapter shall be subject to a fine up to $2,500 for a first offense, not more than $5,000 for a second offense and not more than $10,000 for a third and every subsequent offense. Each day during which the violation continues constitutes an additional, separate and distinct offense. Additionally, each and every separate time, article or piece of material dumped shall be deemed a separate and distinct offense. If a person is convicted of a violation of § 128-2.1 or 128-2.2 of this chapter, the court shall, in addition to the penalties provided above, require the person to perform community service for a term of not more than 90 days and shall sentence the person convicted to imprisonment for a term not exceeding 90 days.
[Added 12-16-1993 by Ord.
No. 875-93]
[Added 4-4-1991 by Ord. No.
772-91]
No certificate of occupancy shall be issued to any owner, builder or
other entity engaged in construction of any kind on any lands situate within
the Township of Middle until said owner/builder, etc., shall submit to the
Construction Official of the Township of Middle a receipt or receipts evidencing
disposition of all construction materials, clearing materials such as brush,
tree parts and stumps and any other materials utilized in said construction,
at the authorized county landfill or at a properly authorized municipal or
county recycling center.
[Added 4-4-1991 by Ord. No.
772-91]
No certificate of compliance shall be issued to any owner, builder or
other entity engaged in demolition of any kind on any lands situate within
the Township of Middle until said owner/builder, etc., shall submit to the
Construction Official of the Township of Middle a receipt or receipts evidencing
disposition of all demolition materials, clearing materials such as brush,
tree parts and stumps and any other materials utilized in said demolition,
at the authorized county landfill or at a properly authorized municipal or
county recycling center.
