[HISTORY: Adopted by the Board of Health
of the Township of East Hanover 9-1-1981 by Art. XIV of Board of Health Ord. No. 1-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 65.
Dumping — See Ch. 78.
Land use and zoning — See Ch. 95.
Recycling — See Ch. 120.
Littering — See Ch. 195.
Sanitation — See Ch. 201.
Solid waste — See Ch. 207.
[1]
Editor’s Note: The title of this chapter, which was
formerly "Garbage, Refuse and Dry Fill," was amended by the Township
Council 4-2-2012 by Ord. No. 6-2012.
For the purpose of this chapter, the terms used
herein are defined as follows:
Includes wood, stumps, masonry materials, rock, brick, dirt,
soil, stone, cinders, ashes from wood or coal fire and bituminous
materials or other nonputrescent materials.
Meat and vegetable waste solids resulting from the handling,
preparation, cooking and consumption of foods. "Garbage" is considered
to originate primarily in kitchens, stores, markets, restaurants,
hotels and other places where food is stored, cooked and consumed.
Includes an individual, firm, corporation, company, association,
society, partnership and their agents or employees or political subdivision
of this state subject to municipal jurisdiction.
[Amended 4-2-2012 by Ord. No. 6-2012]
Includes all miscellaneous matter such as but not limited
to bottles, rags, mattresses, worn-out furniture, old clothes, old
shoes, broken glass, leather, carpets, crockery, rubber, newspapers,
cartons, tin cans, metals, abandoned automobiles or parts thereof.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
[Added 4-2-2012 by Ord. No. 6-2012]
No animal or vegetable substance or garbage
or refuse or dirt gathered in cleaning sewers or waste of mills or
factories or any materials which are offensive to health or tend to
decay, to become putrid or to render the atmosphere impure or unwholesome
shall be deposited upon or used to fill up or raise the surface or
level of any lot, grounds, street, road or alley in the Township of
East Hanover.
No owner, agent, lessor, lessee, tenant or occupant
of any lot, grounds, street, road or alley in the Township of East
Hanover shall permit the depositing thereon of any animal or vegetable
substance or garbage or refuse or dirt gathered in cleaning sewers,
or waste of mills or factories, or any materials which are offensive
to health or tend to decay, to become putrid or to render the atmosphere
impure or unwholesome.
No dry fill shall be deposited upon or used
to fill up or raise the surface or level of any lot, grounds, street,
road or alley in the Township of East Hanover unless pursuant to a
special license issued by the Board of Health.
No owner, agent, lessor or lessee, tenant or
occupant of any lot, grounds, street, road or alley in the Township
shall permit the depositing thereon of any dry fill unless pursuant
to a special license issued by the Board of Health.
No license to deposit fill shall be granted
to any person or persons unless it shall appear to the satisfaction
of the Board of Health after inspection of the premises to be used
by the applicant and the consideration of the application and the
facts therein and therewith presented, that the depositing of dry
fill or the permitting of the deposit of dry fill will not endanger
the health of the residents of the Township of East Hanover. If it
shall appear to the Board of Health at any time while dry fill is
being deposited or permitted to be deposited under a license issued
under the provisions of this chapter, that the same then endangers
the health of the residents of the Township of East Hanover, or if
the said licensee in any way violates the provisions of this chapter,
the Board of Health may revoke the said license.
The fee for issuance of a license under this
chapter, when the area described in the application does not exceed
15,000 square feet, shall be as set forth in Appendix A, Fee Schedule,
at the end of Part III of the Code, and for each additional 15,000
square feet in area or fraction thereof, an additional fee shall be
charged as set forth in Appendix A, Fee Schedule, which fee shall
be payable when such license is issued. No license shall issue unless
the applicant furnishes to the Board of Health a plot plan for the
proposed filling project and a certified check in the sum of $200
made payable to the Township of East Hanover, to guarantee performance
by the applicant of the terms and conditions of this chapter, such
funds to be released upon inspection of the fill project and approval
thereof by the Board of Health as having been done in accordance with
the provisions of this chapter. The license shall not issue unless
the approval of a majority of the members of the Board of Health is
received.
Landfilling with dry fill shall be designed,
operated, conducted and maintained in the following manner:
A.
The face of the working fill shall be kept as narrow
as is consistent with the proper operation of trucks and equipment
in order that the area of material exposed during the working day
is minimal.
B.
The maximum exposed active operating area shall not
exceed an area greater than 100 feet by 150 feet. The active operating
face shall not exceed 150 feet in width.
(1)
Surface and side slopes of such landfills shall be
compacted and covered with dirt on a progressive basis as quickly
as feasible, but in no case shall be exposed for more than one week
or six working days.
(2)
At the termination of the filling operation or whenever
a change in direction of the filling operation occurs, the uncovered
surface and face shall be compacted and covered with earth on a progressive
basis within one week.
C.
The final earth covering for surface and side slopes
shall be compacted and maintained at a depth of not less than 24 inches.
D.
Cracks, depressions and erosion of the earth covering
first surface and side slopes of fills shall be promptly repaired.
E.
The toe of finished fills having boundary side slopes
shall terminate in a dike. The ditch formed by the construction of
a dike shall be designed to have an open end to permit free flow of
water in any and all ditches which were installed for mosquito control
or shall be designed to permit the effective use of mosquito control
equipment.
F.
Surface water shall be properly drained, filled or
treated with effective chemicals so as to prevent mosquito production
and odors. The operator of each landfill shall cooperate with the
appropriate county mosquito commission to prevent and control mosquito
production.
G.
Control over the scattering of papers and other lightweight
materials shall be effected by the use of movable fencing. Fencing
may not be required in marshland where tall grass and other plant
materials serve as an adequate screen to prevent scattering or movement
of paper or other lightweight materials.
H.
Dust control shall be effected as needed by spraying
of the exposed fill material and adjacent surface.
I.
Equipment adequate for digging, compacting and covering
shall be provided as needed.
J.
Sufficient standby equipment shall be readily available
to prevent delay in covering due to breakdowns or peak loads.
K.
Adequate water and fire-fighting equipment shall be
readily available to control any and all flames.
L.
Rodents or insects hazardous to public health shall
not be permitted to exist on landfills.
The presence of garbage or refuse or other matter referred to in § 189-2 upon the lands of any person shall be prima facie evidence of permission given by said person to deposit said substances upon said land.
The presence of dry fill upon the lands of any
person, in the absence of a special license issued to such person,
shall be prima facie evidence of permission given by said person to
deposit said dry fill upon said land.
Each license issued under the terms of this
chapter shall be valid for a period of one year from the date of issuance.
[Added 11-16-1992 by Board of Health Ord. No. 4-1992]
A.
No person shall place or cause or suffer to be placed
on any public street, right-of-way or other public place for collection
any garbage or waste unless such garbage or other waste has been thoroughly
drained of its moisture and deposited in a suitable container acceptable
to the local Health Officer.
B.
No person shall place in any receptacle containing
garbage placed on any public street, right-of-way or other public
place for collection any glass, newspaper, aluminum cans, yard waste
or other recyclable material mandated by the Township.
C.
No person shall place in any receptacle containing
garbage placed on any public street, right-of-way or other public
place for collection any hazardous waste.
D.
All garbage, refuse, waste and recyclable material
put out for collection shall be placed in suitable receptacles which
shall be deposited in front of the property facing the street not
earlier than 6:00 p.m. of the evening prior to collection in accordance
with a schedule of collections as promulgated from time to time by
the Township.
E.
Receptacles shall be removed from the front to the
rear of the premises not later than 8:00 p.m. on collection days.
F.
The local Health Officer may grant a temporary exception
to the receptacle regulation section of this chapter to residents
of the Township, provided that proper sanitary conditions are maintained
at all times.
[Added 3-17-1997 by Ord. No. 2-1997]
A.
All outdoor storage of garbage, refuse and recyclable
materials generated from a commercial, industrial or office facility
shall be kept in leakproof, nonabsorbent containers constructed of
durable metal or other approved types of material, which do not leak
and do not absorb liquids.
B.
All outdoor storage containers for garbage, refuse
and recyclable materials shall be provided with tight fitting lids
or covers and shall be kept covered.
C.
Each container shall be maintained in a clean condition
on the inside and outside.
D.
There shall be a sufficient number of containers to
hold all garbage, refuse and recyclable materials which accumulate
between periods of removal from the premises.
E.
Outside storage areas shall be large enough to store
the garbage, refuse and recycling containers that accumulate and shall
be kept clean. Containers and compactor systems located outside shall
be located on or above a smooth surface of nonabsorbent material such
as concrete or approved equal that is kept clean and maintained in
good repair. Outside storage areas shall be completely enclosed by
a fence or other screening capable of preventing litter from blowing
off the storage area.
F.
The local Health Officer may grant a temporary exception
to the outdoor storage regulations of this chapter to any facility
requiring temporary storage of solid waste during construction, renovation
or other temporary on-site activities.
G.
The East Hanover Board of Health may grant a permanent
exception to the outdoor storage regulations to any facility operating
under a solid waste management plan approved by the Board of Health.
H.
Commercial, industrial and office facilities existing prior to March 17, 1997, will be granted an exception to the requirement of providing an enclosure and a concrete surface until a change of use, change of occupancy, expansion or renovation of the facility, provided that the existing facility's storage containers are properly maintained and are located on or above a smooth asphalt surface and the facility is operated in compliance with all other provisions of Chapter 189 and the provisions of Chapter 201, Sanitation, and Chapter 207, Solid Waste, of the Code of East Hanover Township. Nothing in this subsection shall exempt retail and wholesale food establishments from complying with any other federal, state or local regulation, including the requirement to locate outdoor waste containers on or above a concrete surface.
[Amended 9-15-1997 by Ord. No. 5-1997]
[Added 3-17-1997 by Ord. No. 2-1997]
All commercial, industrial and office facilities
to which the public has access shall provide sufficient litter receptacles
at entrances and exits of the facility and in exterior areas to encourage
litter control.
[Added 4-2-2012 by Ord. No. 6-2012]
A.
Purpose. A section 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, semiliquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Township of East Hanover
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of this section, 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 conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township of East Hanover or other public body, and is designed
and used for collecting and conveying stormwater.
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.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, 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, semiliquids or solids to the municipal
separate storm sewer system(s) operated by the Township of East Hanover.
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 section shall be enforced by the Township of East
Hanover Zoning Officer.
F.
Violations and penalties: Any person(s) found to be in violation
of the provisions of this section shall be subject to a fine of $100
for a first offense; $200 for a second offense; $400 for a third offense;
and for subsequent offenses no more than $1,000 and imprisonment for
not more than 90 days. Each violation of a separate subsection of
this section shall constitute a separate violation, and each day that
a violation continues shall constitute a separate and distinct violation
hereof.
