[HISTORY: Adopted by the Township Council of the Township of Lower
12-10-1975 as Sec. 4-5 of the 1975 Code. Amendments noted where applicable.]
It is the best interest of the Township that there be established rules
and regulations for the dumping of trash, offal, decaying substances, garbage,
and refuse of all natures where the same is done on a commercial basis and/or
on a basis involving dumping of said refuse, trash, offal, decaying substances,
and garbage in excess and large quantities; and it is in the best interest
of the Township for the protection of the health, welfare and safety of the
citizens of the Township that such deposits be regulated, licensed and that
penalties for violations thereof be enforced.
No person shall operate any dump or landfill within the Township for
the accumulation of trash or offal, any decaying substance, garbage, or refuse
of any nature, nor shall any person fill any sunken or excavated low or marshland
with the aforesaid forms or fill within the Township, except in a duly authorized
and licensed sanitary landfill.
Nothing herein contained shall be construed to apply to any sanitary
landfill operation where the same is presently under contract for the exclusive
use of the Township and its citizens so long as the same remains under contract
with the Township for the exclusive use of the Township and its citizens.
Notwithstanding any other section or any other ordinance previously
adopted by the Township Council, the Township shall have the authority to
license any person to operate a dump or sanitary landfill within the Township
for the accumulation of trash, offal, any decaying substance or for the dumping
of garbage and refuse of any nature. The license may be given by the Township
Council upon finding that the proposed dump or landfill does not threaten
the health and the safety of the persons residing in the Township and the
same complies with the laws of the State of New Jersey in regard to the establishment
and operation of sanitary landfills.
The license so issued shall be for a period of one year and shall become
effective upon the payment by the licensee to the Township of Lower of an
annual license fee of $1,000. No license shall be renewed unless the licensee
complies with the laws of the State of New Jersey in regard to sanitary landfills
and unless the aforesaid license fee is paid.
The method of application for the licensing of sanitary landfills shall
be by application to the Township Council showing a plot plan of the area
to be used, accompanied by an affidavit of the machinery, facilities, and
equipment available or owned by the licensee for the purpose of covering refuse
in sanitary landfills as required by the laws of the State of New Jersey.
Said plans and affidavit shall be filed with the Township Clerk in duplicate
who shall forthwith transmit one complete copy of the application and its
accompanying affidavit to the Township Planning Board to be considered at
its first meeting after the receipt thereof; the Township Planning Board shall
then forward its recommendations to the Township Council. In the event the
Township Council is of the opinion that the same should be granted, a resolution
shall be adopted allowing the establishment of the sanitary landfill, which
resolution will authorize the Township Clerk to issue a license for a sanitary
landfill for a period of one year upon the payment of $1,000 by the licensee.
The Township Council shall at all times have the right to revoke the
license for sanitary landfills upon its finding that the licensee has failed
to comply with the regulations of the State of New Jersey in regard to sanitary
landfills.
The Township Council shall have the right to promulgate rules and regulations
for the operation of sanitary landfills by publishing the same once a week
for two consecutive weeks in a newspaper circulating in the Township, and
by posting a copy of the regulations in the Township Hall, and by sending
a copy of the regulations by registered mail to the sanitary landfill operators
that are duly licensed.
