[Added 11-13-2013 by Ord. No. 06-2013]
This article is intended to establish effective enforcement
provisions to govern the disposal of electronic waste within the Borough
of Folsom and to thereby reduce damage to the environment and cost
to the Borough.
A.
The requirements of § 155-4C remain in effect. In addition, it is specified that all persons within the Borough of Folsom are required to properly and legally dispose of electronic waste as provided in the New Jersey Electronic Waste Management Act, P.L. 2007, c. 347 as amended by P.L. 2008, c. 130 (N.J.S.A. 13:1E-99.94 et seq.). The placement of electronic waste for curbside collection or otherwise at curbside is a violation of this chapter and is subject to the penalties set forth herein. As set forth in § 155-3C, it is the responsibility of the owner, lessee or occupant of any residence, commercial or institutional establishment to properly dispose of such electronic waste and to obtain and retain for at least 90 days a receipt or other documentation demonstrating legal disposal of the specific unit of electronic waste, such documentation to be provided by a retailer which accepts electronic waste, an authorized organization approved to accept electronic waste or a New Jersey licensed electronic waste disposal facility. Also, if the Borough of Folsom has in place a program for accepting electronic waste from residents and property owners, the Borough itself will provide a receipt. The receipt or other documentation required under this subsection shall only be deemed acceptable if it specifically and clearly identifies, by serial number or other adequate identification, the particular unit of electronic waste.
B.
Any item of electronic waste which is found at curbside will be ticketed
by the Borough, and the owner, lessee or occupant will then be required
to obtain adequate documentation proving that the electronic waste
item has been appropriately disposed of in accordance with the law
at a New Jersey certified electronic waste recycling facility. If
such person fails to provide to the Borough such documentation, such
person will be subject to the penalties set forth hereafter.
C.
Any person that is identified as having illegally disposed of any
item of electronic waste within the Borough of Folsom shall be subject
to the penalties set forth thereafter for each such item and, if necessary,
for the cost of appropriate disposal of each unit by the Borough of
Folsom.
D.
Any owner, lessee or occupant of a property within the Borough of
Folsom who knowingly allows or permits in any manner the illegal disposal
of electronic waste on such property will be subject to the fines
and penalties set forth hereafter. Each day that such illegally disposed
of electronic waste remains on the property shall constitute a separate
violation and be subject to the appropriate fines and penalties for
each day that it remains on the property. In addition, such person
shall be required to obtain appropriate documentation demonstrating
the disposal of each such item of electronic waste in accordance with
the law at a New Jersey certified electronic waste recycling facility.
The fines and penalties for each day of violation shall continue until
such documentation is provided.
E.
Any owner, lessee or occupant of a residence, commercial or institutional
establishment within the Borough of Folsom who unknowingly allows
the illegal disposal of electronic waste on such property shall be
obligated, upon notice by the Borough, to immediately remove such
electronic waste, together with any associated debris, from such property
and to provide appropriate documentation that such waste has been
appropriately disposed of in accordance with the law at a New Jersey
certified electronic waste recycling facility. Each day until such
documentation has been provided to the Borough shall constitute an
additional violation and be subject to additional fines and penalties.
If the owner, lessee or occupant of any residential, commercial
or institutional establishment within the Borough of Folsom shall
fail to remove any illegally disposed-of electronic waste from such
property, the owner shall be notified by the Borough, and upon a failure
to have the electronic waste removed and legally disposed of, the
Borough shall have the authority to remove such electronic waste,
and the cost of such removal shall be paid by the owner. If the owner
fails to immediately reimburse the Borough for the full cost, the
Borough shall place a lien on such property for such cost, and said
lien shall be treated as unpaid property taxes and accrue interest
at the same rate as delinquent taxes. The failure or inability of
the owner to obtain payment or reimbursement from the lessee or occupant
or other potentially responsible person shall not be a defense to
a claim by the Borough for reimbursement.
It is illegal for anyone other than the owner, lessee or occupant
of the specific property or a New Jersey licensed electronic waste
recycler to remove any electronic waste which has been placed curbside
within the Borough of Folsom. For purposes of this section, removal
shall include the actual physical removal of the electronic waste
or any tampering with it, removal of any parts or portions of the
unit, any dismantling or separation of parts or components or any
damage to or destruction of the unit. Included in this prohibition
is any form of scavenging or unauthorized waste collecting.
A.
Any person violating any provision of this article shall, upon conviction,
be subject to the following fines and penalties. Any person who is
convicted of violating this article within one year of the date of
the previous violation shall be sentenced by the Court to an additional
fine as a repeat offender. The additional fine imposed by the Court
upon a person for a repeated offense shall be not less than the minimum
or exceed the maximum fine fixed for such violation, but shall be
calculated separately from the fine imposed for the new violation.
(1)
Section 155-22A: a fine not less than $100 and not more than $250 for each unit. Each unit is a separate violation, and each day is a separate violation.
(2)
Section 155-22B: a fine of not less than $100 and not more than $500. Each unit is a separate violation, and each day is a separate violation.
(3)
Section 155-24: a fine of $500 and, if applicable, the cost of removal and disposal by the Borough. Each unit is a separate violation, and each day is a separate violation.
(5)
Section 155-22E: upon the failure or refusal to immediately remove such electronic waste, together with any associated debris, from such property after notice by the Borough, a fine of not less than $100 and not more than $500. Each unit is a separate violation, and each day is a separate violation. Each day is a separate violation until the required documentation is provided to the Borough that such waste has been appropriately disposed of at a New Jersey certified electronic waste recycling facility. The violator shall also be responsible for reimbursement to the Borough, if applicable, for the cost to remove such electronic waste.
B.
In addition to the fines set forth above, the Court may impose a
sentence of imprisonment in the Atlantic County Jail for any term
not exceeding 90 days or a period of community service not exceeding
90 days.
C.
Any person who is convicted of violating this article within one
year of the date of a previous violation and who was fined for the
previous violation shall be sentenced by the Court to an additional
fine as a repeat offender. The additional fine imposed by the Court
upon a person for a repeated offense shall not be less than the minimum
nor exceed the maximum fine fixed for a violation of this article,
but shall be calculated separately from the fine imposed for the violation.
