[HISTORY: [1]Adopted by the Township Council of the Township of East
Hanover as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Hazardous substances — See Ch. 91.
Recycling — See Ch. 120.
Garbage, refuse and dry fill — See Ch. 189.
[1]
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repealed 11-13-1989 by Board of Health Ord.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.
The Mayor and Council of the township.
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.
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.
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.
Garbage, refuse and rubbish.
The activity related to the pickup and transportation of
solid waste from its source or location to a solid waste facility
or other destination.
A receptacle, container or bag suitable for the depositing
of solid waste.
The storage, treatment, utilization, processing or final
disposal of solid waste.
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.
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.
A.Â
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.
B.Â
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.
C.Â
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.
[1]
Editor’s Note: This ordinance also redesignated former
Subsection C as Subsection D.
D.Â
Commercial or institutional building or structure.
(1)Â
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
(2)Â
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.
