[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.
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
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.
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:
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.
