[HISTORY: Adopted by the Township Council of the Township of East Hanover as indicated in article histories. Amendments noted where applicable.]
Hazardous substances — See Ch. 91.
Recycling — See Ch. 120.
Garbage, refuse and dry fill — See Ch. 189.
Editor's Note: Former Ch. 207, Solid Waste, adopted 9-1-1981 as Art. XV of Board of Health Ord. No. 1-1981, was repealed 11-13-1989 by Board of Health Ord. No. 6-1989.
[Adopted 3-4-1993 by Ord. No. 2-1993; amended in its entirety 5-5-2009 by Ord. No. 9-2009]
As used in this Article, the following terms shall have the meanings indicated:
- Any waste material in the process of or subject to decomposition or decay incident to ordinary domestic or business use or purpose, and shall include, among other things, kitchen refuse, animal or vegetable matter and/or any decaying and decomposing substance.
- GOVERNING BODY
- The Mayor and Council of the township.
- PROOF OF COLLECTION SERVICE
- A written record, log, bill or document evidencing receipt of service for the collection of solid waste for the preceding month from a person lawfully engaging in private solid waste collection services within the township.
- REGULAR SOLID WASTE COLLECTION SERVICE
- The scheduled pickup and removal of solid waste from residential, commercial or institutional premises located within the boundaries of the township, at least once a week.
- RESPONSIBLE SOLID WASTE GENERATOR
- Any property owner, tenant or occupant of any building or structure located within the boundaries of the township, who generates solid waste at those premises.
- SOLID WASTE
- Garbage, refuse and rubbish.
- SOLID WASTE COLLECTION
- The activity related to the pickup and transportation of solid waste from its source or location to a solid waste facility or other destination.
- SOLID WASTE CONTAINER
- A receptacle, container or bag suitable for the depositing of solid waste.
- SOLID WASTE DISPOSAL
- The storage, treatment, utilization, processing or final disposal of solid waste.
- SOLID WASTE FACILITIES
- Includes the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by any person pursuant to the provisions of this Article or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.
- The Township of East Hanover.
- TRASH and RUBBISH
- All miscellaneous materials such as rags, paper products, cardboard, cartons, leather goods, rubber, bottles, tin cans, broken glass, crockery and/or any similar materials or substances, but shall not include logs, earth, sand, bricks, mortar or other substances which may accumulate from building operations.
All responsible solid waste generators in the township that are required to contract or otherwise lawfully provide for the collection of solid waste generated at their premises shall submit proof of collection services to the governing body of the township on request, as set forth in § 207-4 hereof.
Single-family residential housing. In the case of single-family residential housing and in those instances where the township is not otherwise providing solid waste collection services, the responsible solid waste generator, if he has not already done so, shall enter into a contract for regular solid waste collection service with any person lawfully providing private solid waste collection services within the township.
Multifamily residential housing. In the case of multifamily residential housing and in those instances where the township is not otherwise providing solid waste collection services, the responsible solid waste generator, if he has not already done so, shall enter into a contract for regular solid waste collection service with any person lawfully providing private solid waste collection services within the township.
Pursuant to N.J.S.A. 40:66-1.6, trash, refuse, and/or recycling collection is only permitted on residential streets and properties between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday, excluding federal holidays. The responsible solid waste generator may apply for a waiver permitting deviation from these hours by filing an application for a public hearing before the Township Council with the Township Clerk.
[Added 10-1-2018 by Ord. No. 16-2018]
Editor’s Note: This ordinance also redesignated former Subsection C as Subsection D.
Commercial or institutional building or structure.
In the case of any commercial, industrial or institutional building or structure located within the township and in those instances where the township is not otherwise providing solid waste collection services, the responsible solid waste generator shall enter into a contract for regular solid waste collection service with any person lawfully providing private solid waste collection services within the township
Within the B-2 Highway Business Zone as set forth in Chapter 95 of the Code of the Township of East Hanover and as delineated on the Official Zoning Map of the Township, pursuant to N.J.S.A. 40:66-5.1 and N.J.S.A. 40:66-1.6, such collection services shall be limited to the hours of 9:00 a.m. to 5:00 p.m. unless waiver therefrom has been granted by the Township Council following application by the responsible solid waste generator and a public hearing thereon.
[Amended 6-11-2012 by Ord. No. 9-2012]
Upon adoption of this article, the Township shall notify all responsible solid waste generators of the requirements of this article. The manner by which notification shall be effectuated may, in the discretion of the Township Council, be by placing an advertisement in a newspaper circulating in the Township, posting a notice in public places where public notices are customarily posted or including a notice with other official notifications periodically mailed to taxpayers, or any combination thereof as the Township deems necessary and appropriate. The responsible solid waste generators shall inform their contractors of the provisions of this article and shall provide the names and addresses of such contractors to the Township within 10 days of the publication of the notification of the adoption of this article.
For each and every violation of the provisions of this Article, the responsible solid waste generator or other culpable party for said violation who refuses to abate the same within three days after written notice has been served upon him either by mail or by personal service shall, for each and every violation, be punished by a fine not less than $100 nor exceeding $1,500 or by imprisonment for a term not to exceed 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
In the event that one or more of the provisions of this Article shall, for any reason, be held to be illegal or invalid by a court of competent jurisdiction, such illegality or invalidity shall not affect any other provisions hereof; and this Article shall be construed as if such illegal or invalid provision had not been contained herein.