Borough of Carteret, NJ Disposal Areas; Licensing of Private Collectors

The municipal disposal area will open from 7:00 a.m. to 4:30 p.m., Monday through Friday. The disposal area shall be closed on Sundays and holidays as designated by the Superintendent of Public Works.

No unauthorized person shall enter the municipal disposal area for any purpose at any time.

Use regulations.

No refuse or other materials shall be emptied or deposited in the municipal disposal area except in the place directed by the person supervising the operation of the disposal area or as may be directed by printed signs.

It shall be unlawful for any person to disobey the directions of the person supervising the disposal area or to disobey any signs or to deface, destroy or remove any sign.

(3)

Prohibited deposits.

No person shall empty or deposit at the disposal area any of the following:

[1]

Any explosive or other dangerous or poisonous substances, noxious chemicals or other materials likely to cause injury to persons employed in and about the operation of the disposal area or authorized users of the area or likely to cause damage to the equipment used by the Borough.

[2]

Stumps of trees, logs or wood exceeding two (2) feet in length and six (6) inches in diameter.

[3]

Large stones, large pieces of broken concrete or metal or other material or other heavy nonflammable objects.

[4]

Wrecked or other discarded motor vehicles or parts thereof.

[5]

Secondhand building materials or materials from buildings demolished, changed through alterations, damaged by fire or resulting from other building operations.

The items mentioned in Subsection C(3)(a)[2], [3] and [5] may be deposited only in areas designated by the Superintendent of Public Works or his agent.

Fees for use. Permits to use the municipal disposal area shall be issued by the Borough Clerk upon prior approval, in writing, obtained from the Department of Public Works. The following fees are hereby established:

For depositing any refuse or other materials originating in the Borough on premises not owned or controlled by the permittee and in addition to other fees as may otherwise be required, the permittee shall pay the following unit fees:

Any truck up to five (5) tons: five dollars ($5.) per load.

Any truck over five (5) tons: ten dollars ($10.) per load.

The fee shall be payable to the Borough Clerk at the time the application is made.

(3)

For depositing refuse or other materials originating on the residential, commercial, business or industrial premises of the applicant and within the Borough, permits shall be issued by the Borough Clerk without fee.

Contracts for use. The Council is authorized to negotiate from year to year, or part thereof, contracts for the use of the municipal disposal area with other municipalities, and the proper officers of the Borough are authorized to execute the contracts on behalf of the Borough upon approval by the Council.

Authority of the Superintendent of Public Works. The Superintendent of Public Works is hereby authorized to promulgate reasonable rules and regulations governing the operation of the municipal disposal area.

§ 137-3 Private disposal areas.

Creation; license required. No person shall operate or maintain a private disposal area for the disposal of refuse unless and until a license has been obtained. Application shall be made in writing to the Borough Clerk. The application shall specify the area or part thereof to be licensed. A survey and topographical map, based on United States Coast and Geodetic Datum, of the area to be licensed shall accompany the application. The survey and topographical map shall be prepared by a duly licensed land surveyor and/or professional engineer. The topographical map shall show existing topography and drainage conditions and shall also show the proposed plans for grading the land of the applicant during the process as the result of the dumping operation. The grading plans shall comply to good engineering practices and standards and shall provide positive drainage and preclude the collection of surface water and the possibility of being inundated by tidal action. The application shall contain the name and address of the applicant and the name and address of the owner of the land if other than the applicant. No license shall be issued unless approved by the Local Board of Health. In the event of approval, the applicant shall immediately fence the area to be licensed. The fence shall be a minimum of four (4) feet in height, constructed of chain link, solid board, snow fence or similar material, and shall be permanent in nature. The fence shall be constructed within two (2) weeks from the receipt of the license; except, however, that the immediate area of the property on which refuse is being deposited need not be fenced.

Fencing. Any private disposal area used or to be used for dumping or disposing of market, business, mercantile, commercial and industrial refuse, wastes, ashes, cinders, soot, dust, powders, fly ash, solids, semisolids, papers, cartons, wood, boxes or other containers, cardboard and all other forms of rubbish, refuse and wastes of any nature whatsoever shall be enclosed by a chain fence or a solid board or snow fence or a fence of similar material and shall be permanent in nature and a minimum of four (4) feet in height around the entire perimeter of said disposal area, which fence shall be installed and maintained by said owner or user thereof, with a gate or gates to be kept securely locked or barred against access except when necessary to be opened for lawful entrance and egress to and from the same.

[Added 5-20-1975 by Ord. No. 75-9]

Fees. Every application for a license to operate and maintain a private disposal area shall be accompanied by the full license fee in cash or certified check. The annual fee shall be one thousand dollars ($1,000.) for five (5) acres or less to be licensed and one thousand dollars ($1,000) for each acre or part thereof over five (5) acres. All licenses shall be valid from July 1 of each year through June 30 of the following year. Fees hereunder shall be for the year set forth, or part thereof, and the fees shall not be apportioned.

Regulations. All private disposal areas shall comply in all respects with all pertinent provisions of this article and shall be open to inspection by the licensed inspector of the Board of Health at all times. The inspector shall require, when necessary, that the owner and operator thereof take proper measures to control vermin, flies, insects and other matters which may affect the health and sanitation of the Borough.

Compliance with State Sanitary Code. All private disposal areas within the Borough shall be operated according to the State Sanitary Code.

§ 137-4 Provisions applicable to all disposal areas.

No disposal area, private or municipal, shall be maintained at a height in excess of ten (10) feet above mean sea level in accordance with United States Coast and Geodetic Datum.

§ 137-5 Collector's license.

Required. No person shall collect or deposit refuse within the Borough or be permitted to use the municipal disposal area or any private disposal area without having first obtained a collector's license.

Application.

All persons desiring a collector's license shall apply to the Borough Clerk in writing and shall furnish the following information:

The names and addresses of all persons having an interest in the business; if the applicant is a corporation, the names and addresses of all officers, directors and stockholders, the name and address of the registered agent therefor and the date of incorporation.

The address of the applicant's place of business.

(c)

The length of time the applicant has been in the business, giving dates.

(d)

The type of equipment and number of vehicles owned by or leased to the applicant to carry on the business of collecting or depositing refuse in the Borough, giving complete registry information.

(e)

Proof of financial responsibility to carry on the business in a proper manner.

(f)

Satisfactory evidence that the applicant, if collecting within the Borough, has an approved place for the disposal of refuse as herein defined and that the place of disposal is and will be available to the applicant for the period of the license.

(g)

Satisfactory evidence of good character and dependability.

All licensed collectors shall forthwith advise the issuing authority of any change in the foregoing required data.

Fees.

The fee for a collector's license for refuse collection in the Borough shall be two hundred fifty dollars ($250.) for the annual license.

In addition to the license fee in Subsection C(1) above, each and every vehicle used in the business of collecting or depositing refuse in the Borough by any collector shall prominently display a license plate or card designating the vehicle as a licensed collector's vehicle. No license plate or card shall be issued by the Borough Clerk or other officer designated by the Council except to qualified holders of collector's licenses and except upon payment of a fee of fifty dollars ($50.) per vehicle for the annual license.

(3)

The fees stated in Subsection C(2) above shall suffice for a collection license where the collections are made totally outside the Borough.[1]

[1]

Editor's Note: Former Secs. 19-6 and 19-7, which dealt with refuse-hauling vehicles and spills therefrom, which immediately followed this section, were deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Revocation of license. All licenses issued hereunder may be revoked by the Council for good cause on complaint, after due notice thereof and a hearing thereon.

§ 137-6 Wastes originating outside Borough.

[Amended 5-20-1975 by Ord. No. 75-9; 8-17-1976 by Ord. No. 76-14]

Prohibition of dumping in municipal landfill. No garbage, offal, wastes, rubbish, trash or refuse having its origin outside of the municipal corporate limits of the Borough of Carteret, whether solid, semisolid, liquid or of any nature, and whether residential, mercantile, market, manufacturing, processing, industrial or other origin or originating outside such municipal limits of the Borough of Carteret, shall be dumped or otherwise disposed of on any municipally owned or operated or privately owned or operated garbage or refuse dumping or disposal areas, or collected or accumulated thereon, or on any landfill-operated areas therein, whether licensed or otherwise, and any such act or acts, practices or operations are hereby prohibited. This applies to any such disposal areas within the Borough of Carteret.

Certificate of origin prerequisite for use of landfill.

In order to enforce Subsection A of this section, each owner or operator of every non-Borough-owned vehicle desiring to use the Borough landfill and disposal area for permitted dumping shall provide the Borough employee in charge of said landfill and disposal area with a certificate of origin made under oath for each load sought to be dumped. The certificate shall be in the form prescribed by the Director of the Department of Public Works and shall include but not be limited to the following:

The origin of the refuse, that is, the sites upon which the refuse was generated, and the name and address of the owners or the occupiers of the site.

The cubic footage of the amount picked up from each place where refuse was picked up.

(c)

The statement of the driver of the dumping vehicle that the load was picked up from the sites indicated and that the load, or any part thereof, did not originate outside of the Borough of Carteret and that the statement is made under oath and sworn to as true.

(d)

The name, address and license number of the dumping vehicle.

(e)

The Environmental Protection Agency number of the dumping vehicle.

(f)

Such other information as deemed necessary to carry out the intent of this section.