Township of Pemberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Pemberton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Recycling — See Ch. 147.
[Adopted 4-19-2006 by Ord. No. 4-2006, effective 1-1-2006[1]]
[1]
Editor's Note: Former Art. I, Rates and Charges, adopted 3-3-1988 by Ord. No. 7-1988, as amended, was repealed 12-1-2005 by Ord. No. 25-2005.

§ 152-1 Purpose.

The purpose of this article is to set forth fees and rates to be charged to the owners and occupants of property within the Township of Pemberton to whom municipal solid waste disposal collection services are rendered. This article will also provide for the payment and collection of said monies.

§ 152-2 Rates established.

[Amended 1-21-2009 by Ord. No. 1-2009]
Each owner and occupant, as that term is defined in Article II of this chapter, of a single-family, duplex, or triplex dwelling and all commercial enterprises/business operations within the Township of Pemberton, except those specifically exempted under Article II of this chapter, shall pay to the Township of Pemberton the following sums for solid waste removal:
A. 
The quarterly solid waste fee shall be established by resolution of the Township Council.
[Amended 12-7-2011 by Ord. No. 25-2011]

§ 152-3 Payment.

[Amended 1-17-2007 by Ord. No. 1-2007; 12-7-2011 by Ord. No. 25-2011]
Bills for solid waste disposal shall be issued solely at the beginning of each calendar year, and shall set forth the quarterly fees to be charged for the entire year. The first payment is due 30 days from the mailing date of the yearly bill. The second, third and fourth payments are due no later than the due dates which are set forth in the yearly bill. Any bills not paid within said time frames shall be subject to a late charge of 18% per diem. At the time the first payment is due, if a payment is made in advance for the full year, there shall be a discount of 5%.

§ 152-4 Costs as lien on property.

All sums and monies so ordered to be paid under this article shall constitute liens upon the lands and properties within the Township of Pemberton against which such sums are assessed. In the event that the Township is unable to collect said monies through any other avenues available to it, then the payment of said monies may be enforced within the same time and in the same manner and by the same proceedings as the payment of general taxes are enforced within the Township of Pemberton.

§ 152-5 Actions at law.

Notwithstanding the remedies available under the preceding section of this article, the Township may elect to maintain the actions at law to recover any monies due to the Township under this article. In the event that the Township is forced to maintain an action at law to recover said monies, then the property owner, upon successful outcome of the litigation by the Township, shall also be responsible to the Township for any costs of suit, as well as reasonable attorneys fees and the interest set forth herein.
[Adopted 3-17-1988 by Ord. No. 8-1988]

§ 152-6 Purpose; responsibility.

A. 
The purpose of this article is to regulate and control the collection, disposal and transportation of solid wastes within the Township of Pemberton, County of Burlington and State of New Jersey.
B. 
It shall be the responsibility of the Township Council or its designee, be it a private solid waste collection contractor or township personnel, to collect, dispose and transport solid waste generated from residences and businesses within the Township, as hereinafter described.
C. 
All collection, disposal and transportation of solid waste within the Township shall be performed in accordance with the terms, conditions and regulations of this article and with such additional regulations as the Township Council, the Township Board of Health, the County of Burlington and the State of New Jersey may prescribe in whatever statutory form required.

§ 152-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CONTRACTOR
A person or firm engaged in the business of solid waste collection and/or disposal, properly licensed by the State of New Jersey.
GENERAL CONTRACTOR
Any person or firm engaged in a business of service, construction, repairing, refurbishing or remodeling of buildings, the demolition of buildings or the care and maintenance of buildings or grounds within the Township of Pemberton.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Pemberton or other public body, and is designed and used for collecting and conveying stormwater.
[Added 5-5-2010 by Ord. No. 6-2010]
OCCUPANT
The owner, agent, tenant, lessee, caretaker or any other person in charge of any premises affected by this article.
PERSON
Any individual, partnership, corporation, or association of persons, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
[Amended 5-5-2010 by Ord. No. 6-2010]
REFUSE CONTAINER
Any waste container that a person controls, whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
[Added 5-5-2010 by Ord. No. 6-2010]
RESIDENT
Any person, occupant or firm occupying or retaining their place of residence within the Township of Pemberton.
RESIDENTIAL USER
Any person occupying any dwelling unit, such as a home, tract, multifamily dwelling of three or fewer units, and churches (which are defined as buildings set apart for public worship, including the principal house of a parish). Specifically excluded are mobile homes located in mobile home parks and housing complexes of four or more units.
[Amended 2-2-1989 by Ord. No. 3-1989]
SCAVENGER
Any unauthorized or unlicensed person, firm or corporation collecting or sorting garbage, refuse or trash placed at the collection point for township collection.
SOLID WASTE
Garbage, refuse, rubbish and trash in any form; specifically the following:
A. 
Municipal waste (household, commercial and institutional) such as waste originating in the community, consisting of household waste from private residences, commercial waste which originates from wholesale, retail or service establishments, such as restaurants, stores, markets, theaters, hotels and warehouses, and institutional waste material originated in schools, hospitals, research institutions and public buildings.
B. 
For bulk pickup only, to include large items of waste material, such as appliances, furniture, room air conditioners, stoves, washing machines, dryers, freezers, hot-water heaters, bedsprings, mattresses, sofas and bulky items of a household nature; bulky materials or other solid waste, such as plasterboard, drywall and building materials resulting from home remodeling and home repair work performed on primary residences by the owners or residents, but excluding work performed by general contractors or other commercial contractors or builders. Construction debris shall be stored in acceptable containers and shall not exceed 100 pounds total per pickup. This does not include automobiles, trucks and trailers and large vehicle parts, tires, loose or bagged leaves, trees (except for Christmas trees, which are included), branches or grass clippings.
[Amended 3-21-1991 by Ord. No. 8-1991][1]
C. 
Dry sewage sludge such as sludge from a sewage treatment plant which has been digested and dewatered and does not require liquid-handling equipment.
D. 
Vegetated waste such as waste materials from farms, plant nurseries and greenhouses that are produced from the raising of plants. This waste includes such crop residues as plant stalks, hulls, leaves and tree wastes processed though a woodchipper.
E. 
Animal and food processing wastes such as processing waste materials generated in canneries, slaughterhouses, package plants or similar industries; also included are dead animals.
F. 
Dry industrial waste such as waste materials resulting from manufacturing, industrial and research and development processes and operations, and which are not hazardous in accordance with the standards and procedures set forth in N.J.A.C. 7:26-8;[2] also included are nonhazardous chemical waste and asbestos and asbestos-containing waste managed in accordance with 40 CFR 61 and N.J.A.C. 7:26-28.8 (l).
G. 
Septic tank cleanout wastes such as pumping from septic tanks and cesspools. Not included in this type of waste are wastes from a sewage treatment plant.
H. 
Liquid sewage sludge such as liquid residue from a sewage treatment plant consisting of sewage solids combined with water and dissolved materials.
STANDARD SOLID WASTE CONTAINERS
A standard watertight vessel designated and constructed for the storing of garbage, refuse, rubbish and trash made of metal or other material of a substantial nature, with a tight-fitting lid or cover so constructed as to prevent spillage of its contents and handles for carrying. Standard "solid waste containers" shall not have a volume larger than 35 gallons and shall not weigh more than 50 pounds when placed at the curb or roadside for collection. Disposable polyethylene, plastic or paper bags may not be used unless placed inside acceptable containers.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Added 5-5-2010 by Ord. No. 6-2010]
TOWNSHIP
The Township of Pemberton, the Township Council of the Township of Pemberton, the Mayor, or their designee.
[Amended 3-21-1991 by Ord. No. 8-1991]
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface- or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 5-5-2010 by Ord. No. 6-2010]
[1]
Editor's Note: The definition of "special materials," which immediately followed this definition, was repealed 3-21-1991 by Ord. No. 8-1991.
[2]
Editor's Note: N.J.A.C. 7:26-8 was repealed by R. 1996 d.500, effective 10-21-1996.

§ 152-8 Municipal collection.

[Amended 3-21-1991 by Ord. No. 8-1991]
The Township Council shall have the right to grant the exclusive or nonexclusive privilege of collecting, removing and transporting solid waste within the Township for a term not exceeding five years, upon competitive bidding, to the lowest responsible bidder who complies with regulations respecting the bidding and who furnishes a proper bond satisfactory to the Township Council in the amount of the bid, conditioned upon the faithful performance of the obligations of the contract.

§ 152-9 Removal to be in accordance with provisions.

[Amended 3-21-1991 by Ord. No. 8-1991]
The collection and removal of solid waste shall be done in accordance with the provisions of this article and shall be subject to such additional rules and regulations as the Township Council may, from time to time, prescribe by ordinance.

§ 152-10 Occupant to supply receptacles.

The occupant of each property in the Township of Pemberton shall supply solid waste containers as herein prescribed.

§ 152-11 Contractor to report dispute.

[Amended 3-21-1991 by Ord. No. 8-1991]
The contractor shall, on the same day, report to the Mayor or his or her designee any dispute that occurs between himself and an occupant with respect to the removal of solid waste, and the Mayor or his or her designee shall thereupon immediately investigate the subject matter and take appropriate steps under the circumstances and give necessary or emergent instructions and thereupon report, in writing, concerning the subject to the Mayor.

§ 152-12 Methods and practices of collection.

A. 
All receptacles for garbage shall be in conformance with the definition of standard solid waste containers herein. Such containers must be maintained in a manner that is not a danger to health or safety. Receptacles that are badly broken, damaged, deteriorated or otherwise fail to satisfy any of the requirements of this article shall be classified as refuse, as directed by the Council, and disposed of accordingly.
B. 
The collection of solid waste from each business/commercial user shall not exceed three standard solid waste containers per collection day, but shall be unlimited as to residential users. Such collection shall be of Type 10 waste only, as defined in § 152-7.
C. 
All collection receptacles shall be placed roadside or curbside by the beginning of the collection day or as may be directed by the Council and shall be promptly removed after the collector has picked up the garbage, refuse and/or trash.
[Amended 3-21-1991 by Ord. No. 8-1991]
D. 
No occupant shall permit solid waste or containers to be at the collection point earlier than 12 hours before the start of the collection day or remain at the collection point longer than 12 hours after the end of the standard collection day, except as may be permitted by the Mayor.
[Amended 3-21-1991 by Ord. No. 8-1991]
E. 
Newspaper, not including magazines and other glossy-print, glued, bound or stapled printed material, shall be tied securely in bundles or placed in clean, acceptable refuse containers, excepting plastic bags, of less than 50 pounds and shall be placed at the street for collection on the day designated by the Township Council or disposed of in a method or at a location in accordance with a plan approved by the Township Council. Any person, firm or corporation not separating newspaper from their refuse will be in violation of this article and subject to the penalties provided herein.
[Amended 3-21-1991 by Ord. No. 8-1991]
F. 
Items defined in § 152-7 as "Type 13 Bulky Waste" may be placed on the street for collection on any regularly scheduled collection day. Refrigerators, large trunks, washing machines, dryers and other similar large items shall have all doors and lids removed. Broken concrete, sod, dirt and building material not generated by a general contractor shall be placed in adequate approved containers not exceeding 50 pounds in weight. All other special materials shall be tied in bundles not exceeding 50 pounds in weight and four feet in length.
G. 
Garbage, refuse and/or trash spilled by animals, vandals or as a result of the defective or inadequate containers or any reason whatsoever, prior to the actual collection of the same by the collector, shall be placed in a proper receptacle within six hours by the occupant.
H. 
In buildings in which two or three families reside or in which more than one business is located, each family or business shall mark its own receptacle with the house or street number of the respective dwelling or business unit so as to render the receptacles readily identifiable.
I. 
Immediately after the receptacles are properly emptied, the collector shall return them to the point from which he took them.
J. 
Dumpsters, roll-offs and drop-boxes may be used at certain nonresidential, commercial and industrial sites. All such solid waste containers shall comply with all Occupational Safety and Health Administration (OSHA) and American National Standards Institute (ANSI) regulations and meet or exceed the appropriate Waste Equipment Manufacturers Institute (WEMI) specifications. All such containers shall be maintained in a manner so as not to present a danger to health or safety. All containers shall be clearly marked with the owner's name, address and business telephone number and shall be placed on an asphalt or concrete pad of sufficient thickness and length to allow for the proper loading and unloading without damaging either the pad or adjacent surroundings. Nothing contained in this article shall be deemed to prohibit the continued utilization of private solid waste contractors, licensed by the State of New Jersey, Department of Environmental Protection, by businesses or commercial entities, either in addition to or in lieu of the services provided hereunder by the Township of Pemberton.
K. 
Each vehicle used by the collector for removal or transportation of solid waste shall carry at least one shovel and one broom and other equipment which may be necessary in keeping the vehicle clean and cleaning up the area at which such substance is collected. No garbage, rubbish or trash shall be left by the contractor on the sidewalk or the curblines or in the area or space from the place of collection to the vehicle. If any garbage or rubbish shall fall from the vehicle or container either during collection or transportation, such article shall be immediately gathered and replaced in the vehicle and the area rendered clean.
L. 
Prohibited items. The following types of solid waste, as defined in § 152-7 of this article, will not be accepted for collection by the Township of Pemberton from either residential or business/commercial units: Types 12, 23, 25, 27, 73 and 74.
M. 
Spills and discharges prohibited from refuse containers and dumpsters.
[Added 5-5-2010 by Ord. No. 6-2010]
(1) 
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
(2) 
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semiliquids or solids to the municipal separate storm sewer system(s) operated by the Township of Pemberton. The following are exempt from the above:
(a) 
Permitted temporary demolition containers.
(b) 
Litter receptacles (other than dumpsters or other bulk containers).
(c) 
Individual homeowner trash and recycling containers.
(d) 
Refuse containers at facilities authorized to discharge stormwater under a valid National Pollutant Discharge Elimination System (NPDES) permit.
(e) 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
(3) 
Enforcement. This subsection shall be enforced by the Township of Pemberton Code Enforcement Officer.
(4) 
Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $200.

§ 152-13 Responsibilities of collector.

A. 
The collector shall report to the Mayor or his or her designee immediately all cases in which it is impossible because of freezing or otherwise inclement weather to collect and remove solid waste.
[Amended 3-21-1991 by Ord. No. 8-1991]
B. 
Neither the collector nor any of his other agents or employees shall pick or sort garbage or rubbish. The contents of containers of garbage and rubbish shall be immediately transferred at the time of collection from the street or from the premises without any unnecessary display or exposure and without spilling.
C. 
The collector shall see to it that his employees, agents and collectors shall deport themselves in a quiet, decent and law-abiding manner and apply themselves diligently to the performance of the necessary work and shall refrain from neglect or insolence or any improper conduct, and the collector shall take disciplinary action against any employee validly failing in any of these requirements.
D. 
The collector shall provide on each collection vehicle at least one employee or attendant who is able to read, write, speak and comprehend the English language intelligently.
E. 
The collector shall not sprinkle or place any disinfectant or poisonous chemical upon any garbage or waste matter within the limits of the Township of Pemberton, in the County of Burlington.
F. 
Neither the collector nor any of his or her agents or employees shall accept or solicit gifts or gratuities relating to the performance of their duties as defined in this article.
G. 
Such other requirements as are set forth in any contract documents between the contractor and the Township shall be followed.

§ 152-14 Inspection of equipment.

All equipment used by a collector and any disposal facility used by him shall be subject to inspection by the Council or its designee at any reasonable time.

§ 152-15 Collection.

A. 
Solid waste shall be collected promptly and punctually, and collection shall be made not earlier than 6:30 a.m. of each day and not later than 8:00 p.m. each day or as specified otherwise by the Township Council. Regular collection days shall be Monday through Saturday of each week except for holiday schedules, as described in Subsection D.
[Amended 3-21-1991 by Ord. No. 8-1991]
B. 
Neither the collector nor any of his employees or agents shall engage in any loud or unnecessary noises in the removal of garbage or rubbish, and all such collection and removal shall be done quickly.
C. 
The collector shall notify occupants of the date set for the collection of solid waste and shall also notify such occupants when any change in such dates has been duly authorized by the Mayor.
[Amended 3-21-1991 by Ord. No. 8-1991]
D. 
There shall be no collection of solid waste on Sundays, except in times of emergency, nor on the following holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and Christmas Day. In the event that collection is scheduled for a holiday, collection will occur the following day, except that there will be no collection on Sunday.
E. 
No collection will be provided by the Township of Pemberton under this article to federal-, state-, county- or municipal-owned buildings. Such governmental entities, agencies and buildings will continue to arrange for private solid waste collection by solid waste contractors licensed by the State of New Jersey, Department of Environmental Protection.

§ 152-16 Certain businesses exempted.

[Added 2-2-1989 by Ord. No. 3-1989]
A. 
Any commercial enterprise or business required to receive municipal trash collection services under this article shall be exempted from the requirements of paying for and receiving municipal trash collection services if the following conditions are met:
(1) 
The owner of business or his designee shall provide proof to the Township Administrator on a quarterly basis that said business has entered into and is a participant in a contract for trash collection/removal services with a licensed trash contractor and that said arrangement with the licensed trash contractor provides adequate trash removal services so as to eliminate any accumulation or stockpiling of trash and debris over and above what would otherwise occur if the business continued to utilize the services provided by the municipal trash program.
(a) 
Said proof shall consist of a copy of the contract itself, which copy shall be kept by the Township for its own files as well as proof that said contract is in full force and effect.
(b) 
Such other proof as the Township Administrator, in his discretion, deems reasonable and appropriate to ensure that the exemption will not result in the operation of a business or commercial enterprise for which no provision exists for licensed trash removal service.
B. 
In the event that the Township learns that any business exempted under this section has discontinued its relationship with a licensed trash contractor and/or is otherwise without the services of a licensed trash contractor, the Township shall automatically restore and reinstitute the municipal trash collection service to said business or commercial enterprise until such time as the Township is satisfied that a substitute licensed trash contractor is performing removal services for the business or commercial enterprise. During said time frame, the business/commercial enterprise shall be required to pay for the municipal service on a pro rata basis for the number of calendar weeks during which that service was provided; in no event, however, will said period be less than one full calendar month. In other words, if the Township is required to provide trash collection services during two calendar weeks, a bill will be sent for a full four-week calendar month.

§ 152-17 Uninhabitable structures exempted.

[Added 11-2-1989 by Ord. No. 34-1989]
A. 
Any person upon whose property is situated a residential structure which the person believes to be uninhabitable and who wishes to be exempted from the requirements of paying for and receiving municipal trash collection services shall make application to the Township Administrator within 30 days of the date of the adoption of this section to seek said exemption.
B. 
Upon receipt of such application, the Township Administrator shall refer the matter to the Township Construction Official, who shall inspect the structure and provide a report to the Township Administrator as to whether or not he deems the property to be uninhabitable. The term "uninhabitable" shall be defined as set forth in the 1986 BOCA Housing Code, as amended, and the Township Construction Official shall also be free to determine, in his discretion, if the property does not possess a reasonable possibility of being made habitable. Upon receipt of said report, the Township Administrator shall make a determination as to whether or not the property should be exempted from municipal trash collection costs. If the decision is in the affirmative, the Administrator shall so notify the applicant as well as the appropriate municipal personnel to ensure that billing to the property does not continue. Because of the uncertainty of when conditions render properties uninhabitable, the Township Council cannot provide retroactive relief by retroactively adjusting or crediting any person's account.
C. 
In the event that any house becomes uninhabitable in the future and following the expiration of the thirty-day period set forth in Subsection A above, a person whose house becomes so uninhabitable (either by fire, destruction or otherwise) shall, within 30 days of the date that the property becomes uninhabitable, make application to the Township Administrator for exemption from future trash collection services, at which point the Administrator shall follow the same procedure as set forth in Subsection B above.

§ 152-18 Exemption for properties for which services are not provided.

[Added 11-2-1989 by Ord. No. 34-1989]
Effective October 1, 1989, any person who can show to the satisfaction of the Township Administrator that property owned by said person has been assessed for trash collection services for any quarter but has not received any trash collection services from the contractor during said quarter shall be entitled to relief from the Township by receiving a refund from the Township for any moneys paid for that quarter; or, if said quarter has not been paid, then an abatement of the charges related to the property for the quarter in which trash collection services were not received. The Township Council recognizes the bookkeeping and clerical difficulties that will arise in circumstances where intermittent trash collection services were provided during a quarter; such situations will not give rise to relief under this section. It is expressly stated that in order for a person to qualify for an exemption for a given quarter under this clause, that person must be able to show that trash collection services were never provided at any time during the quarter in question.

§ 152-19 Compliance by collector required.

[Amended 3-21-1991 by Ord. No. 8-1991]
The collector, in the collection, disposal and removal of solid wastes, shall comply with all provisions of this article and shall comply with the provisions of any other ordinance or regulation adopted by the Township Council of the Township of Pemberton or with any state or federal law or regulation which may pertain to the subject matter.

§ 152-20 Assignment of contract.

[Amended 3-21-1991 by Ord. No. 8-1991]
No contract for the removal of garbage and rubbish made between the Township and contractor shall be assignable to or interchangeable with any other contractor except with the written consent of the Township Council of the Township of Pemberton in the County of Burlington. Transfer of the contract without such consent shall, at the option of the Township Council, render the contract null and empower the Township Council, at its option, to award the work to some other person, and the contractor shall be answerable for any loss or damage suffered.

§ 152-21 Unlawful instructions.

No persons shall give any instructions or directions or commands the result of which or compliance with which would involve a violation of any of the provisions of this article. Any person giving or any person complying with such instructions shall be deemed guilty of violating this article.

§ 152-22 Applicability.

This Article shall apply to the collection, removal and disposal of all garbage, refuse and debris generated by any commercial, industrial or nonprofit organization that does not qualify for collection of garbage and refuse by the Township of Pemberton under the terms and conditions of this article. It shall be the responsibility of the owner, occupant or resident of such premises to obtain a licensed contractor with the necessary equipment, experience and expertise to fulfill the terms and conditions of this article.

§ 152-23 Scavenging.

It shall be unlawful for any unauthorized person, his agents or employees to pick, sort or salvage any garbage or refuse placed out for collection.

§ 152-24 Daylight saving time.

Whenever daylight saving time is adopted and effective in the Township of Pemberton, then any time or hours mentioned in this article shall be deemed to refer to daylight saving time.

§ 152-25 Violations and penalties.

Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a penalty not exceeding $1,000 or to imprisonment not exceeding 90 days, or both, for each offense, in the discretion of the court.

§ 152-26 Enforcement.

[Added 2-4-1993 by Ord. No. 1-1993; amended 1-17-2007 by Ord. No. 1-2007]
The Municipal Police Department and/or the Municipal Code Enforcement Officer are the enforcement agents of this chapter.