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City of Absecon, NJ
Atlantic County
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Table of Contents
Table of Contents
[1997 Code § 300-12]
In the interpretation of this Article, the following words and phrases shall be held to have the following meanings, unless the context clearly shows another sense to be intended:
CHAIRMAN
The Chairman of the Committee or his duly authorized representative.
CITY
The City of Absecon City.
COLLECTOR
Any person engaged in the business of collecting or depositing refuse or providing the service of collecting or depositing refuse.
COMBUSTIBLE WASTE
Yard trimmings, rags, waste wood or cardboard and other combustible waste solids of a nonvolatile or explosive nature.
COMMITTEE
The Council Committee on Public Health, Safety and Sanitation.
GARBAGE
All entrails and waste of animals and fish and all vegetable matter which has been or was intended to be used as food; all clam, oyster, crab and lobster shells; and all other items that are construed as garbage by the rules, regulations or specifications of the New Jersey State Board of Health.
LANDFILL SITE
The lands which are known and designated on the current City Tax Map as Lots 59, 60, 60a, 61, 62, 63, a portion of 64 and 104 in Block 43.
NONCOMBUSTIBLE WASTE
All solid waste material which does not burn.
PERSON or PERSONS
As used in this Article, shall include all collectors, individuals, partnerships, public or private corporations, associations or persons and all other legal entities.
REFUSE
All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, body wastes and trade wastes and market, commercial and industrial wastes.
RUBBISH
Nonputrescible solid waste consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
TRADE WASTE
The by-products of building contractors or demolition contractors engaged in the business of constructing homes or other buildings or structures or the demolition of buildings or structures or those engaged in the clearing of land for the purpose of preparing the same for use as the site for a building or structure or for roadways or similar purposes.
[1997 Code § 300-13]
No refuse shall be disposed of in Absecon City except by the sanitary landfill method and in full accordance and compliance with the standards for the design, operation and maintenance of sanitary landfills contained in the statutes of the State of New Jersey and the rules and regulations of the New Jersey State Board of Health and the New Jersey Department of Conservation and Economic Development, the ordinances, resolutions, rules and regulations of Absecon City and the ordinances, rules and regulations of the Absecon City Board of Health, as the same may be amended or supplemented.
[1997 Code § 300-14]
The Absecon City Sanitary Landfill Site is hereby designated as Lots 59, 60, 60a, 61, 62, 63, a portion of 64 and 104 in Block 43, as shown on the current Tax Map of the City of Absecon City, being certain lands fronting along Pitney Road and bordered by Jackson Avenue and Crestview Avenue in said City. The Absecon City Sanitary Landfill Site shall be maintained by and operated under the jurisdiction of the Committee.
[1997 Code § 300-15]
No person shall dispose of, deposit or throw upon the Absecon City Sanitary Landfill Site any rubbish, garbage, combustible waste, noncombustible waste, trade waste or other refuse, except in accordance with the terms and conditions provided for in this Article.
[1997 Code § 300-16]
The Chairman shall from time to time designate disposal areas within the landfill site which may be used for the disposal of refuse and may designate particular areas for the disposal of particular types of refuse. It shall be the duty of the Chairman to inspect the landfill site from time to time and to report, in writing, to the City Council any failure to comply with the laws of New Jersey or the rules or regulations of any department of the State of New Jersey or the ordinances, resolutions, rules, regulations and contractual agreements of the City of Absecon City, including this Article, or the ordinances, rules or regulations of the Absecon City Board of Health and to make recommendations to compel compliance with such laws, ordinances, resolutions, rules or regulations. Such authority shall be in addition to any authority granted under any contractual commitment of the City.
[1997 Code § 300-17]
The sanitary landfill site shall be open to the public for the disposal of refuse four days each week between the hours of 8:00 a.m. and 4:00 p.m. only on such days as the Committee shall designate from time to time. The duly designated days and hours of opening and the days of closing shall be posted at the entrance to the landfill site.
[1997 Code § 300-18]
No refuse originating outside of the City of Absecon City shall be deposited in the sanitary landfill site by any person.
[1997 Code § 300-19]
No refuse shall be emptied or deposited in the sanitary landfill site except in the place directed by the Committee, which may direct such disposal areas by printed signs posted on the landfill site.
A. 
It shall be unlawful for any person to disobey the direction of the Committee or the Chairman or to disobey the direction of any sign or to deface, destroy or remove any such sign.
B. 
It shall be unlawful to empty or deposit at the sanitary landfill site:
(1) 
Wrecked or discarded motor vehicles or major components thereof.
(2) 
Any other item which the Committee shall designate by regulation.
[1997 Code § 300-20]
No collector shall collect or deposit refuse within the City of Absecon City or be permitted to use the sanitary landfill site in the City without having first obtained a collector's license.
[1997 Code § 300-21]
A. 
All persons desiring a collector's license shall apply to the Clerk of the City of Absecon City in writing, in triplicate, and shall furnish therein the following information:
(1) 
The names and addresses of all persons having an interest in the business. If the applicant is a corporation, the names and addresses of all officers, directors and stockholders, the name and address of the registered agent therefor and the date and state of incorporation shall be provided.
(2) 
The address, mailing address and telephone number of the applicant's place of business. Any notices required to be sent pursuant to this Article may be sent to the mailing address as stated in the application.
(3) 
The length of time that the applicant has been in such business, giving dates.
(4) 
The type of equipment and number of vehicles owned by or leased to the applicant to carry on said business of collecting refuse in the City of Absecon City, giving the following information as to each vehicle: make, year, serial number, description, number of axles, registered gross weight, license plate number and registration date expiration.
(5) 
Proof of financial responsibility to carry on the business in a proper manner, together with certificates of insurance evidencing that the person is insured against loss for:
(a) 
Public liability claims for personal injuries in the amounts of $100,000 for each incident and $300,000 for each occurrence.
(b) 
Public liability claims for property damage in the amount of $50,000.
(c) 
For the claim of any person or persons for bodily injury, including death, in the sum of not less than $100,000 for injury or death to any one person and $300,000 for each incident or accident.
(d) 
For the claim of any person or persons for injury to property which may arise from or out of the operation of a motor vehicle in the sum of not less than $50,000.
(6) 
Certificate certifying that he has complied with the Employer's Liability Insurance Law, N.J.S.A.34:15-70 et seq. and amendments thereto.
(7) 
Satisfactory evidence that the applicant (if disposing outside the City of Absecon City) has an approved place for the disposal of refuse, rubbish, garbage, combustible waste, noncombustible waste and trade waste, as herein defined, and that such place of disposal is and will be available to the applicant for the period of the license.
(8) 
Agreement that all complaints shall be immediately investigated and corrected and that all proper notices and directions from proper officials of the City of Absecon City shall be immediately complied with.
B. 
All licensed collectors shall forthwith advise the City Clerk, in triplicate, of any change in the foregoing required data.
[1997 Code § 300-22]
No collector's license shall be issued until there shall have been paid to the Mercantile Tax Collector, by cash or certified check, the sum of $50. Such fee shall include the annual collector's license and a permit for one vehicle to be used in the collector's business. In addition to said license fee, each and every vehicle (other than the first licensed vehicle) used in the business of collecting or depositing refuse in the City of Absecon City by the collector shall prominently display a permit designating said vehicle as a collector's vehicle. No such permit shall be issued by the Mercantile Tax Collector except to holders of a collector's license and except upon the annual payment of the sum of $25 per vehicle.
[1997 Code § 300-23]
No collector's license shall be issued by the Mercantile Tax Collector until the Chairman shall have endorsed his approval upon the application. Such approval shall not be granted unless the Chairman is satisfied as to the ability and intention of the applicant to comply with this Article and other applicable statutes, ordinances, rules and regulations. No such license shall be transferable, and it shall have plainly marked thereon the name of the person to whom said license or permit shall have been issued. Each permit for a collector's vehicle shall indicate the license number under which the collector is operating and shall fully describe the particular vehicle for which the permit is granted. Each such license or permit shall be valid from May 15 of each year through May 14 of the following year. Applications for renewal shall be made on or before April 15 of each year to allow time to investigate the applicant. Fees hereunder shall be for the year set forth or part thereof, and the fees shall not be apportioned.
[1997 Code § 300-24]
No collector's license shall be required of Absecon City residents or businessmen who, personally or through the services of their own employees, transport and deposit refuse in the sanitary landfill site or for landscapers, tree surgeons, gardeners or building contractors who desire to avail themselves of the use of the sanitary landfill site; provided, in any case, however, that such refuse so deposited originated in the Absecon City home or business premises of such person or was accumulated from the business activity of such person within the City of Absecon City; however, the provisions, of Section 300-28 hereof, relating to fees, shall be fully applicable to such persons.
[1997 Code § 300-25]
No person shall collect, deposit or transport any type of refuse within the City of Absecon City except in closed receptacles or closed truck bodies covered with a tarpaulin properly anchored. All vehicles so used shall at all times be subject to inspection and approval by the Committee and shall be kept and maintained in a clean and sanitary condition and in good working order.
[1997 Code § 300-26]
The provisions of this Article concerning collectors' licenses, applications and fees therefor and the issuance thereof shall not apply to the person who holds the contract with the City of Absecon City for the collection and disposal of garbage and rubbish while such person is performing his duties under said contract; however, the provisions of this Article shall apply to such person while in the performance of his private business.
[1997 Code § 300-27]
All refuse or other materials collected, deposited or transported within the City of Absecon City which shall spill or fall while being carried or conveyed to or by a collection vehicle shall be immediately removed and broom-cleaned so as to leave the premises or street in a clean condition.
[1997 Code § 300-28]
Every person shall pay the fee herein designated for the use of the landfill site:
A. 
For emptying, unloading or depositing refuse, whether the same originates on the residential, business, commercial or industrial premises of the owner or occupier and whether delivered to the disposal area by the owner or occupier:
(1) 
Pickup truck under two tons: $2 per load or part thereof.
(2) 
Open-body truck over two tons but not over five tons: $3 per load or part thereof.
(3) 
Open-body truck over five tons: $4 per load or part thereof.
(4) 
Compactor-type truck, per load or part thereof, yard capacity per yard: $0.30.
(5) 
Tank trucks carrying the waste of individual sewage disposal systems, per truck load or part thereof: $0.30 per gallon of tank truck capacity.
B. 
Said fees shall be payable on a ticket basis. Tickets shall be purchased in advance from the Mercantile Tax Collector.
[1997 Code § 300-29]
The Committee is hereby authorized to promulgate reasonable rules and regulations governing the operation of the landfill site. Said rules and regulations shall be posted at the landfill site, and copies thereof shall be available from the City Clerk.
[1997 Code § 300-30]
Any person who shall violate any provision of this Article shall be, upon conviction thereof, punishable by a fine not exceeding $500 or by imprisonment for not more than 90 days, or both, in the discretion of the Municipal Judge, and each day's failure to comply with any such provisions shall constitute a separate violation.
[1997 Code § 300-31]
This Article is for regulatory purposes and for the charging of a license fee to aid in defraying the costs of maintaining and operating the landfill site.