[HISTORY: Adopted by the Mayor and Council
of the Town of Clinton 11-9-2022 by Ord. No. 22-13.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 82,
Garbage, Rubbish and Refuse, adopted 5-10-1988 by Ord. No. 88-4, as amended.
A.
There is
hereby established in the Town 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 Town.
B.
It shall
be operated by the Town 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 Town in connection therewith
shall be kept in a fund separate from other Town 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 Town 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:
Solid waste type ID 13 as set forth in N.J.A.C. 7:26-2.13(g)
and includes large items of solid waste which because of their size
or weight require handling other than normally used for municipal
waste. Bulky waste includes, but is not limited to, such items as
tree trunks, automobile parts, tires, demolition or construction materials,
appliances, and furniture.
Those items designated as recyclable in the Hunterdon County
Solid Waste Management Plan as it may be amended from time to time.
Any building or structure or complex of buildings in which
less than three dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, or for residential purposes.
Garbage, refuse, and other discarded materials resulting from domestic and community activities, and shall include all other ID Type 10 waste materials, including liquids. Also included are ID Type 1 through 6 materials designated for recycling, particularly set forth and defined in Chapter 109 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.
As used herein, grass clippings only.
A.
Power of
Council to contract. The Town 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. The Mayor and Council shall have the authority to
make necessary and reasonable rules and regulations concerning the
days and times of collections, type and location of waste containers,
and such other matters pertaining to the collection, conveyance and
disposal of refuse and other materials as the Mayor and Council find
necessary in the public interest. Definitions and requirements as
to the preparation of solid waste, including recyclables, for collection,
when set forth in contracts for collection made by the Town, 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 Town Clerk and may be examined on request
during normal office hours.
C.
Supervision
by Administrator. Solid waste accumulated in the Town shall be collected,
conveyed and disposed of by the collector under the supervision of
the Town Administrator. The Town Administrator shall be responsible
for implementing any rules and regulations as adopted.
D.
Quarterly
fee. Each residential unit shall pay to the Town a quarterly fee,
to be established not less than annually by resolution of the governing
body, for removal of solid waste as defined herein. Such fee shall
be calculated to take into consideration the total number of residential
units served by the utility and the projected cost of operating the
utility. The Town, or its contractor, shall not collect and dispose
of solid waste from nonresidential facilities. Any multifamily residential
complex consisting of three units or more wishing to opt out of garbage
and refuse collection shall be permitted to do so by providing proof
of service in the form of a current and valid contract with a solid
waste hauler holding a current and valid solid waste license issued
by the State of New Jersey. Further, the proof of service must indicate
solid waste and recycling pickup at least once per week.
E.
Past due
amounts as lien. Fees for solid waste collection and disposal as provided
herein shall be a first lien or charge against the property billed
for the services rendered. Any part of the amount due and payable
interest shall accrue at a rate of interest equivalent of that established
for delinquent fees pursuant to N.J.S.A. 40:48-2.14. Liens levied
in accordance with this section shall be enforceable in the manner
provided for real property tax liens in Section 5 of Title 54 of the
Revised Statutes.[1]
[1]
Editor's Note: See N.J.S.A. 54:5-1 et seq.
A.
Curbside
collection of solid waste, including recyclable materials, in all
areas of the Town shall be conducted once per week.
B.
Curbside
collection of vegetative waste in all areas of the Town shall be conducted
once per week seasonally with the exact dates of collection to be
determined annually by the Town Administrator in consultation with
the Town Council and Department of Public Works Supervisor. Vegetative
waste must be placed in a recyclable brown bag.
C.
Curbside
collection of Christmas trees shall be conducted once per week during
the month of January in all areas of the Town.
D.
The Town
shall not collect bulk waste. The Town reserves the right to schedule
Town-wide bulk collection days at its discretion.
A.
No person
shall place or deposit any garbage, litter, refuse, rubbish or other
waste in or upon the private property of another or on public property,
except as authorized by law.
B.
No person
shall place or deposit any garbage, litter, refuse, rubbish or other
waste in the private waste receptacles of another.
C.
No person
shall bring garbage, litter, refuse, rubbish or other waste into the
Town of Clinton for the purpose of disposing of the same in any public
waste receptacle in the Town of Clinton or in any private waste receptacle
subject to collection and disposal by the Town of Clinton or its duly
authorized contractor for such purposes, except that it shall not
be illegal to deposit small amounts of garbage, trash, rubbish or
litter generated locally or in the course of travel, such as newspapers,
food, retail beverage and food containers and wrappings and other
similar items, in public waste receptacles.
D.
No person
shall deposit household or commercial garbage in the public waste
receptacles of the Town of Clinton, except as otherwise provided by
law.
E.
No person
who has his garbage, litter, refuse, rubbish or other waste collected
by the Town of Clinton shall accept for disposal garbage, litter,
refuse, rubbish or other waste generated outside the Town for the
purpose of having it collected and/or disposed of by the Town of Clinton
or its duly authorized contractor.
A.
Any person who shall violate the provisions of of § 82-5A, B, or C shall, upon conviction, be punished for each such offense by a fine not to exceed $1,250, by imprisonment for a term not to exceed 90 days in the county jail or by a period of community service not to exceed 90 days, or any combination thereof.
B.
Any person who shall violate of § 82-5D or E shall, upon conviction, be punished for each such offense by a fine in the amount of not less than $250 nor more than $10,000, by imprisonment for a term not to exceed 90 days in the county jail or by a period of community service not to exceed 90 days, or any combination thereof.
C.
The Recycling
Coordinator, the Zoning Officer, the Building Inspector, the Housing
Officer, or other code enforcement officer, the Police Department,
and the Hunterdon County Department of Health are hereby individually
and severally empowered to enforce the provisions of this chapter.
