Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 91-43 (Sec. 22-1.9 of the 2002 Revised General Ordinances)]
It is the purpose of this article to enhance the Township's compliance with the New Jersey Statewide Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.11 et seq.), and the New Jersey Recycling Act of 1981, P.L. 1981, c. 278 (N.J.S.A. 13:1E-96), P.L. 1991, c. 170 (N.J.S.A. 40:66-1.1 et seq.), and to supplement the regulation of the disposal of solid waste within the Township by requiring that every responsible solid waste generator shall arrange to have regular collection and/or disposal of all solid waste generated on or about property owned, occupied or leased within the Township, and that written proof of collection be submitted upon request.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
As used in this article, the following terms shall have the meanings indicated:
PERSON
Both the singular and plural, as the case demands, and shall include individuals, corporations, companies, societies and associations. When construing and enforcing the provisions of this article, the act, omission or failure of any employee, officer, agent or other person acting for or employed by any individual, corporation, company, society or association, within the scope of this employment or office, shall in every case be deemed to be the act, omission or failure of such individual, corporation, company, society or association, as well as that of the person.
PROOF OF COLLECTION
A written record, log, bill or document evidencing receipt of service for the collection of solid waste for the preceding year from a collector/hauler of solid waste holding a certificate of public convenience from the Board of Public Utilities. Sufficient proof shall contain the generator's name, and the owner's name if the generator is a tenant, address, total cost per unit or period of service and the hauler's name, address, license number and period of service. Records, logs, ledgers or documents created by the generator or any other memorialized generator records in any form will not be deemed sufficient proof of collection.
REGULAR COLLECTION AND DISPOSAL
Removal of all solid waste from a premises at a minimum of twice a week for residential properties and daily or at such frequency to prevent a nuisance for commercial and industrial properties. Additional collection and disposal must be arranged should an extraordinary amount of solid waste be generated between scheduled collections. Should a scheduled collection fall on a legal holiday recognized by the Township, the generator shall arrange for additional collection of solid waste that cannot be stored in leakproof containers.
RESPONSIBLE SOLID WASTE GENERATOR
Any property owner, tenant or occupant of a residential, commercial, or public dwelling, business or structure, who generates, produces and/or disposes of solid waste of any type on, in or about property located in the Township.
SOLID WASTE
Garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations and from domestic and community activities and shall include all other waste materials, including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.
SOLID WASTE COLLECTION
The activity related to pickup and transportation of solid waste from its source or location to a disposal site or to a resource recovery facility.
Each responsible solid waste generator in the Township shall, within 10 days of request from the Recycling Coordinator, provide proof of collection and disposal of solid waste on, in or about property owned, occupied or leased in the Township. Proof of collection is to be submitted to the Township Clerk, who shall notify the Recycling Coordinator of any noncompliance.
A. 
Any person who, after receipt of not less than 10 days' notice of noncompliance, violates or fails to comply with the provisions of this article shall be subject to the following violations and penalties:
(1) 
First offense: a fine of up to $50.
(2) 
Each offense thereafter: a fine of $100. Such person may also be ordered to perform community service in a recycling program for a period of time not to exceed 60 hours of community service.
B. 
Fines levied and recovered for noncompliance with any and all provisions of this article shall be transmitted monthly by the Court Clerk to the Township Treasurer and placed in the current fund and recorded as a "dedication by rider," to be utilized for the purposes of the Township's recycling program, to include but not be limited to education, awareness and improvement in services, in accordance with the provisions of N.J.S.A. 40A:4-39.
A. 
The provisions of this article shall not apply in those instances where the responsible solid waste generator is transporting the solid waste which is generated at his/her residential premises directly to the solid waste facility utilized by the municipality for disposal.
B. 
In such a case, the responsible solid waste generator transporting the solid waste which is generated at his/her residential premises directly to the solid waste facility utilized by the municipality for disposal shall furnish proof of same to the governing body of the municipality at least once every 12 months. The responsible solid waste generator may include the proof of service with the municipality tax payment mailed to the Municipal Tax Collector.