[Adopted 3-26-1992 by Ord. No. 1272 (Ch.
108, Art. II, of the 1982 Code)]
[Added 12-12-2002 by Ord. No. 1609]
In conformance with the requirements of N.J.S.A.
40:66-5.1, the governing body of the Borough of South Plainfield hereby
adopts a proof of service ordinance which requires all responsible
solid waste generators to contract or otherwise legally provide for
the collection of solid waste generated at those premises in the manner
provided by this article as follows.
For the purpose of this article, the following
terms shall have the meanings indicated:
A written record, log, bill or document evidencing receipt
of service for the collection of solid waste for the preceding month
from a person lawfully engaging in private solid waste collection
service within the Borough of South Plainfield.
The scheduled pickup and removal of solid waste from residential,
commercial, industrial or institutional premises located within the
Borough of South Plainfield at least once per week.
Any property owner, tenant or occupant of any single-family
residential dwelling or multifamily residential dwelling or the owner
of any commercial, industrial or institutional building or structure
located within the Borough of South Plainfield who generates solid
waste at those premises.
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 waste to swine on their own farms.
The activity related to pickup and transportation of solid
waste from its source or location to a solid waste facility or other
destination.
A receptacle, container or bag suitable for the depositing
of solid waste.
The storage, treatment, utilization, processing or final
disposal of solid waste.
The plants, structures and other real and personal property
acquired, constructed and operated or to be acquired, constructed
and operated by any person pursuant to the provisions of state law,
including transfer stations, incinerators, resource recovery facilities,
sanitary landfill facilities or other plants for the disposal of solid
waste and all vehicles, equipment and other real and personal property
and rights therein and appurtenances thereto necessary, useful and
convenient for the collection or disposal of solid waste in a sanitary
manner.
[Amended 12-12-2002 by Ord. No. 1609]
In the case of single-family residential housing,
each responsible solid waste generator is required, in those instances
where a solid waste collection system is not otherwise provided for
by the municipality and if he has not already done so, to enter into
a contract for regular solid waste collection service with any person
lawfully providing private solid waste collection services within
the municipality.
[Amended 12-12-2002 by Ord. No. 1609]
In the case of multifamily residential housing,
the responsible solid waste generator is required, in those instances
where a solid waste collection system is not otherwise provided for
by the municipality and if he has not already done so, to enter into
a contract for regular solid waste collection service with any person
lawfully providing private solid waste collection services within
the municipality; except that there is an exemption from this requirement
in those instances where the responsible solid waste generator is
transporting the solid waste which is generated at his residential
premises directly to the solid waste facility utilized by the municipality
for disposal. It shall be the responsibility of the owner of the multiple
dwelling to provide a sufficient number of appropriate solid waste
containers for the deposit of nonrecyclable waste materials to be
disposed of as solid waste.
[Amended 12-12-2002 by Ord. No. 1609]
In the case of commercial or institutional building
or structure located within the boundaries of the municipality, the
responsible solid waste generator is required, in those instances
where regular solid waste collection services are not otherwise provided
for, to enter into a contract with any person lawfully providing private
solid waste collection services within the municipality.
[Added 12-12-2002 by Ord. No. 1609]
In the case of a responsible solid waste generator
within the municipality, who is transporting the solid waste which
is generated at his residential premises directly to the solid waste
facility utilized by the municipality for disposal, every such responsible
solid waste generator within the municipality is required to furnish
proof that the responsible solid waste generator is transporting the
solid waste which is generated at this residential premises directly
to the solid waste facility utilized.
[Amended 12-12-2002 by Ord. No. 1609]
The governing body, through the Borough Clerk,
shall within six months of the effective date of this section and
at least once every six months thereafter notify all responsible solid
waste generators of the requirements of this article. In order to
fulfill the notification of this section the governing body, through
the Borough Clerk, may at its discretion place an advertisement in
a newspaper circulating in the municipality, post a notice in public
places where public notices are customarily posted, include a notice
with other official notifications periodically mailed to taxpayers
or any combination thereof as the municipality deems necessary and
appropriate.
The Borough Council may request every solid
waste collector engaging in private solid waste collection services
within the Borough of South Plainfield who is registered pursuant
to Sections 4 and 5 of P.L. 1970, c. 39 (N.J.S.A. 13:1E-4 and 13:1E-5),
and holds a certificate of public convenience and necessity pursuant
to Sections 7 and 10 of P.L. 1970, c. 40 (N.J.S.A. 48:13A-6 and 48:13A-9),
to provide all responsible solid waste generators with the opportunity
to contract for, on an individual basis, regular solid waste collection
services.
Whenever the Borough Council shall make a request
that a solid waste collector provide all responsible solid waste generators
in the Borough of South Plainfield with the opportunity to contract
for regular solid waste collection services pursuant to this article,
the Borough Council shall forthwith notify the Board of Public Utilities
of such action by certified mail. In the event that a solid waste
collector refuses any request to provide responsible solid waste generators
with the opportunity to contract for regular solid waste collection
services pursuant to this article, the Borough Council shall forthwith
notify the Board of Public Utilities of such refusal by certified
mail.
The Health Official, by regular mail, may at
any time request proof of collecting service from any responsible
solid waste generator in the Borough of South Plainfield. Failure
to provide proof of service within 10 days of receipt of such written
request shall be a violation by the responsible solid waste generator
of this article.
[Added 9-9-1999 by Ord. No. 1522]
Collections at residences shall be made between
6:00 a.m. and 7:00 p.m. The aforementioned hours shall not apply to
business, industrial or commercial premises, except if adjacent to
residential premises.
[Amended 9-9-1999 by Ord. No. 1522]
The court may impose a fine in an amount not
more than $1,000 for each day that a violation of any of the provisions
of this article occurs.
