[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 No. 7-1988, as amended, was repealed 12-1-2005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.
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.
[Amended 1-21-2009 by Ord. No. 1-2009; 12-7-2011 by Ord. No.
25-2011; 12-19-2018 by Ord. No. 26-2018]
Each owner and occupant, as defined in this Article II of this chapter, of a single-family, duplex, or triplex dwelling, and all commercial/business operations within the Township of Pemberton, except those specifically exempted under Article II of this chapter, shall pay to the Township a quarterly fee in the amount of $58.50 for solid waste removal.
[Amended 1-17-2007 by Ord. No. 1-2007; 12-7-2011 by Ord. No. 25-2011; 12-19-2018 by Ord. No. 26-2018]
A.
Bills for solid waste disposal shall be mailed no later than the
third Friday of January of each calendar year, and shall set forth
the $58.50 quarterly fee to be charged for the calendar year. The
quarterly payments shall be due no later than the first day of March,
June, September, and December, respectively, of each year. Bills shall
be deemed timely paid solely upon receipt of payment by the Tax Collector
of the Township of Pemberton.
B.
Any bills not paid/received by the due date shall be subject to a
late charge at the rate of 18% per annum.
C.
An owner or occupant who pays the annual fee in full on or before
March 1 shall receive a discount from the annual fee in the amount
of $12.
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.
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]
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.
As used in this article, the following terms
shall have the meanings indicated:
A person or firm engaged in the business of solid waste collection
and/or disposal, properly licensed by the State of New Jersey.
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.
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]
The owner, agent, tenant, lessee, caretaker or any other
person in charge of any premises affected by this article.
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]
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]
Any person, occupant or firm occupying or retaining their
place of residence within the Township of Pemberton.
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]
Any unauthorized or unlicensed person, firm or corporation
collecting or sorting garbage, refuse or trash placed at the collection
point for township collection.
Garbage, refuse, rubbish and trash in any form; specifically
the following:
TYPE 10 WASTEMunicipal 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.
TYPE 13 BULKY WASTEFor 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]
TYPE 12 SOLID WASTEDry sewage sludge such as sludge from a sewage treatment plant which has been digested and dewatered and does not require liquid-handling equipment.
TYPE 23 SOLID WASTEVegetated 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.
TYPE 25 SOLID WASTEAnimal and food processing wastes such as processing waste materials generated in canneries, slaughterhouses, package plants or similar industries; also included are dead animals.
TYPE 27 SOLID WASTEDry 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).
TYPE 73 SOLID WASTESeptic 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.
TYPE 74 SOLID WASTELiquid sewage sludge such as liquid residue from a sewage treatment plant consisting of sewage solids combined with water and dissolved materials.
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.
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]
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]
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]
[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.
[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.
[Amended 8-2-2023 by Ord. No. 31-2023]
The occupant of each property in the Township
of Pemberton shall supply solid waste containers as herein prescribed
unless otherwise provided by the Township.
[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.
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.
Solid waste and/or refuse collection receptacles shall be placed
roadside or curbside by the beginning of the scheduled collection
day as published on the Township website but not prior to 4:00 p.m.
of the day preceding the day of collection, and shall be removed no
later than the day of collection.
[Amended 3-21-1991 by Ord. No. 8-1991; 8-15-2018 by Ord. No. 12-2018]
D.
Except as specifically permitted for collection, no occupant shall
store or maintain solid waste and/or refuse containers in the front
yard area. The violation of this provision shall constitute a public
nuisance, and is necessary for the preservation of the public health,
safety and general welfare.
[Amended 3-21-1991 by Ord. No. 8-1991; 8-15-2018 by Ord. No. 12-2018]
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]
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.
N.
Type 13 bulky waste. One day per week, on a date established by the Township and/or the private waste collector, Type 13 bulky waste shall be collected. Prior to such collection, the property owner or resident requesting the removal of bulky items shall pay the fee specified in § 152-3D above, per item, and shall be placed on the bulk waste collection schedule for the next scheduled bulk waste collection date. Up to two trash containers of household-generated construction debris may be collected from residential properties only if placed in individual containers weighing not more than 50 pounds per container. Any household furniture that is primarily constructed with cloth, leather, or synthetic materials for the purposes of lounging or sleeping shall be wrapped in plastic as a condition of removal. Carpeting shall be cut, rolled and tied into four-foot-to-six-foot lengths and not weighing more than 50 pounds per section. Each section of carpet shall be considered an item. No carpeting or construction debris shall be collected if the work was done by a contractor and/or subcontractor.
[Amended 8-2-2023 by Ord. No. 31-2023]
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.
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.
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.
[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.
[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.
[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.
[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.
[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.
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.
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.
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.
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.
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.
[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.
