[HISTORY: Adopted by the Borough Council of the Borough of Mountain
Lakes by Ord. No. 13-92. Amendments noted where applicable.]
A.
There is hereby established in the Borough a public Solid
Waste Utility, which shall be a self-liquidating agency with a dedicated budget,
whose purpose shall be to transact solid waste collection and disposal services
within the Borough.
B.
It shall be operated by the Borough as a municipal public
utility, as defined in and subject to the provisions of Title 40A of the New
Jersey statutes. All fees and charges received by the Borough in connection
therewith shall be kept in a fund separate from other Borough revenues, and
are to be used only for the purposes of the Solid Waste Utility.
C.
Pursuant to the provisions of N.J.S.A. 40:66-1 et seq.,
all residents and residential properties within the Borough are covered by
the operations of the Solid Waste Utility and are subject to all ordinances
applicable to the management of the Solid Waste Utility.
As used in this chapter, the following terms shall have the meanings
indicated:
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. Also included are materials designated for recycling, particularly set forth and defined in Chapter 294, § 294-3A of this Code.
The activity related to pickup and transportation of solid waste
from its source or location to a transfer station or other authorized solid
waste facility or recycling facility.
A.
Power of Council to contract. The Borough Council may
make provision, by contract or otherwise, as circumstances may require, for
the collection and disposal of solid waste. By resolution, it may also establish
and promulgate reasonable regulations as to such collection and disposal.
B.
Requirements and regulations. Definitions and requirements
as to the preparation of solid waste, including recyclables, for collection,
when set forth in contracts for collection made by the Borough, shall also
be considered regulations adopted pursuant hereto. These contracts, as well
as all other regulations adopted pursuant hereto, shall be on file in the
office of the Borough Clerk and may be examined on request during normal office
hours.
C.
Costs. The costs associated with the collection and disposal
of solid waste shall be recovered as may be provided in the contract or contracts
made by the Borough for such services plus uniform fees fixed from time to
time by the Borough Council and collected from the property owners to whom
the service is available.
[Amended 4-24-2006 by Ord. No. 05-06]
No person shall handle or dispose of any solid waste in the Borough except in accordance with regulations established as herein provided. Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Article III of Chapter 1 of the Revised General Ordinances of the Borough of Mountain Lakes.
Nothing in this chapter shall be construed to nullify or replace any of the provisions of Chapter 294, § 294-3, Recycling, of this Code, and it is the intent of this chapter that the provisions of that section shall be administered by the Solid Waste Utility where appropriate.