The efficient and sanitary collection of solid waste is an integral
part of preserving the environmental and aesthetic quality of our
Township. This chapter will ensure the safe and efficient pickup and
disposal of solid waste throughout the Township of Plumsted.
As used in this chapter, the following terms shall have the
meanings indicated.
Shall mean products resulting from the pruning of trees,
shrubs, bushes or vines, but excluding grass clippings, flowers or
weeds. "Brush" shall not mean the product of tree removal or pruning
by professional tree removers, trimmers or landscapers nor shall it
mean tree trunks, stumps or fire wood.
Shall mean items in excess of the automated container capacity
excluding building materials and car parts. "Bulk Trash" shall not
mean items collected or generated by commercial establishments or
commercial or professional, movers, haulers, builders or cleaners.
Shall mean any business establishment operating within the
Township of Plumsted.
Shall mean all garbage and rubbish accumulated by any business
operating within the Township, limited to the capacity of the ninety
(90) or three hundred (300) gallon container.
Shall mean products resulting from the trimming of lawn grass,
flowers and weeds. "Grass Clippings" shall not mean the products of
trimming lawn grass, flowers and weeds by professional cutters or
landscapers.
Shall not mean garbage or rubbish generated by a contractor
or vendor.
Shall mean those businesses which include manufacturing,
industrial, research and development entities.
Shall mean those facilities that house or serve groups of
people, including but not limited to, hospitals, schools, nursing
homes, libraries and governmental offices.
Shall mean the vegetative product of tree branches that annually
drop from the branches.
Shall mean a container suitable for the depositing of litter.
Shall mean any building or structure under a single roof,
with or without fire wall partitions designed for occupancy by three
(3) or more households living as families. This definition shall also
include apartments, townhouses, condominiums and retirement communities.
"Condominium" as used herein shall include the form of ownership of
real properties under a master deed providing for ownership by one
(1) or more owners of units of improvement together with an undivided
interest in common elements appurtenant to each such unit.
Shall mean 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
services within a municipality.
Shall mean the scheduled pick-up and removal of solid waste
from residential, commercial or institutional premises located within
the boundaries of any municipality at least once a week.
Shall mean any person residing within the Township of Plumsted
on a temporary or permanent basis.
Shall mean any refuse generated from the homeowner, and not
a private contractor, in the maintenance and remodeling of the homeowner's
primary residence.
Shall mean any property owner, tenant or occupant of any
single-family residential dwelling or multiple dwelling, or the owner
of any commercial or institutional building or structure located within
the boundaries of any municipality, who generates solid waste at those
premises.
Shall mean garbage, refuse, trash 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.
Shall mean the activity related to pick-up and transportation
of solid waste from its source or location to a solid waste facility
or other destination.
Shall mean a receptacle, container or bag suitable for the
depositing of solid waste.
Shall mean the storage, treatment, utilization, processing,
or final disposal of solid waste.
Shall mean and include the plants, structures and other real
and personal property acquired, constructed or operated or to be acquired,
constructed or operated by any person pursuant to the provisions of
this or any other act, 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
necessary or useful and convenient for the collection or disposal
of solid waste in a sanitary manner.
Is the Township of Plumsted, County of Ocean, State of New
Jersey.
The Plumsted Township Municipal Utilities Authority is hereby
authorized and directed to establish and promulgate reasonable regulations
detailing the manner, days and times for the collection of solid waste
as designated in this chapter and such other matters as are required
to implement this chapter. The Plumsted Township Municipal Utilities
Authority is hereby authorized and directed to enforce the provisions
of this chapter and any implementing regulations adopted hereunder.
Every responsible solid waste generator whose solid waste is
not picked up by the municipal solid waste collection service in this
Township, shall enter into a contract for regular solid waste collection
service with any person lawfully providing private solid waste collection
services within the Township. The responsible solid waste generator
shall file a notice with the Township Clerk setting forth the name
and address of the solid waste collection service with whom the responsible
solid waste generator has entered into a contract for the collection
of solid waste together with the duration of that contract.
A.Â
In the case of single-family residential housing or multi-family
residential housing, a responsible solid waste generator shall not
be required to enter into a contract with a private vender for the
collection of solid waste where the responsible solid waste generator
is transporting the solid waste which is generated at his/her residential
premises directly to the solid waste facility utilized by the municipality
for disposal.
B.Â
Every twelve (12) months a person who falls within this exception
shall file with the Township Clerk proof that the responsible solid
waste generator is transporting solid waste which is generated at
his/her residential premises directly to the solid waste facility
utilized by the municipality for disposal at least once.
A.Â
Once every six (6) months, the Township Clerk shall notify all responsible
solid waste generators of the requirements of this chapter. This notification
shall be posted in a public place where public notices are customarily
posted.
B.Â
In addition, the Township Clerk may place an advertisement in the
newspaper circulating in the municipality or include a notice with
other official notifications periodically mailed to taxpayers.
It shall be the responsibility of the owner of a multiple dwelling
or commercial establishment to provide a sufficient number of solid
waste containers for the deposit of non-recyclable waste material
to be disposed of as solid waste.
A.Â
Application. Annually each and every person desiring to engage in
the business of privately collecting waste material within the Township
shall apply to the Plumsted Township Municipal Utilities Authority
for permission to do so during the current calendar year. No such
permission shall be granted until and unless the applicant shall have
satisfied the Plumsted Township Municipal Utilities Authority of the
sufficiency and sanitation of the equipment and vehicles to be used
in the private collection and disposal of such waste material.
B.Â
Regulations. Every private collector of waste material, authorized
as provided for in this section, shall conform to the provisions of
this chapter, other ordinances of the Township and the regulations
of the Plumsted Township Municipal Utilities Authority regarding the
collection and disposal of rubbish waste material.
C.Â
Vehicles. All vehicles used in transporting waste material through
the streets of the Township must be furnished by the owner, must be
structurally sound and in good repair and shall be securely covered
when loaded with a type of cover approved by the Plumsted Township
Municipal Utilities Authority so as to prevent their contents from
being scattered upon the streets.
D.Â
Uncovered vehicles. It is unlawful for any vehicle to be driven,
moved, stopped or parked on any public roadway unless such a vehicle
is constructed, covered or loaded to prevent any of its load from
dropping, sifting, leaking or otherwise escaping therefrom. Any person
operating a vehicle from which any materials which constitute litter
have fallen or escaped, which could cause an obstruction, damage a
vehicle or otherwise endanger travelers or public property, must immediately
cause the public property to be cleaned of all such materials and
must pay the costs therefor.
A.Â
No container(s) shall be placed at the roadside earlier than 4:00
p.m. of the day preceding a scheduled collection day. The container
shall be removed no later than 8:00 p.m. on the day following the
scheduled collection day.
B.Â
All waste materials of any nature which shall be made and accumulated
in the dwelling houses, hotels, stores, markets and other buildings
or premises in the Township shall be removed in accordance with the
regulations set forth herein, or by an authorized collector.
C.Â
No person shall accumulate or permit, suffer or allow the accumulation
in any building or on any premises owned, occupied or controlled by
him of any waste material for a period longer than one (1) week or
seven (7) calendar days unless this material constitutes a health
hazard in which case it shall be removed immediately.
D.Â
Only authorized persons to collect. It shall not be lawful for any
person, except an employee of the Township in the discharge of his
duties, or an authorized waste collector, to collect, pick in, rake
up or in any way disturb the paper, garbage or other waste material
of whatever nature deposited in any receptacle or laid or placed on
any street or public place.
A.Â
Duty to provide.
(1)Â
The owner, agent, lessee, tenant or occupant of every dwelling, restaurant,
market, store or other premises in the Township where paper, garbage,
rubbish or refuse shall accumulate, shall provide and keep on such
premises sufficient and suitable receptacles and tight-fitting covers
for same, for receiving and holding the aforesaid materials.
(2)Â
In dwellings containing a single-family unit, and in restaurants,
markets, stores or similar establishments, the receptacles shall be
procured and maintained by the tenants and/or landlord. In multi-family
units, the procurement and maintenance of receptacles shall be the
responsibility of the tenant and/or the landlord.
B.Â
Number. Each dwelling or premise shall have at least one (1) receptacle
and as many more receptacles as are necessary to completely contain
all waste materials generated by, or accumulated by, each family unit
residing on the premises and by each restaurant, market, store or
similar establishment, during the period from one collection day to
the next ensuing collection day as established by the Township or
its authorized collector.
C.Â
Specifications.
(1)Â
No refuse shall be collected unless it is placed in a properly designated
receptacle.
(2)Â
Each receptacle shall be made of metal or plastic, of a substantial
nature, with a tight fitting cover of the same material, so constructed
as to prevent spilling or leakage of its contents. All containers
shall be in accordance with the rules and regulations of .the Plumsted
Township Municipal Utilities Authority.
(3)Â
No person shall place a container(s) in front of a residential unit
in which they do not reside.
(4)Â
Where private collectors are being used, heavy duty metal containers
may be used provided that they are watertight with windproof covers
and capacities to be in accordance with the rules and regulations
of the Plumsted Township Municipal Utilities Authority.
(5)Â
Plastic bags and kraft paper bags can contain solid waste/trash only
if these containers are placed inside a designated receptacle at curbside.
(6)Â
Open or overflowing waste disposal bins. It is unlawful for any residential
or commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
D.Â
Designated location for litter containers.
(1)Â
Use of litter receptacles. Litter receptacles and their servicing
are required at the following public places which exist in the municipality,
including: sidewalks used by pedestrians in active retail commercially
zoned areas, such that at a minimum there shall be no single linear
quarter-mile without a receptacle; buildings held out for use by the
public, including schools, government buildings, and railroad and
bus stations; parks; drive-in restaurants; all street vendor locations;
self-service refreshment areas; construction sites; gasoline service
stations islands; shopping centers; parking lots; campgrounds and
trailer parks; marinas, boat moorage and fueling stations; boat launching
area; public and private piers operated for public use; beaches and
bathing areas; and at special events to which the public use; invited,
including sporting events, parades, carnivals, circuses, and festivals.
The owners or proprietors of these places or the sponsors of these
events shall be responsible for providing and servicing the receptacles
such that adequate containerization is available in accordance with
the rules and regulations of the Plumsted Township Municipal Utilities
Authority.
(2)Â
Commercial establishments and residences. It is the duty of the owner,
lessee, tenant, occupant, or person in charge of any structure, to
keep and cause to be kept, the sidewalk and curb abutting the building
or structure free from obstruction or nuisances of every kind and
to keep sidewalks, areaways, backyards, courts and alleys free of
litter.
(3)Â
Construction sites.
(a)Â
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during or after completion of any construction or demolition
project. It shall be the duty of the owner, agent or contractor in
charge of a construction site to furnish containers adequate to accommodate
all debris or trash at areas convenient to construction areas, and
to maintain and empty the receptacles in such a manner and with such
a frequency as to prevent spillage of refuse.
(b)Â
Recyclable items such as, but not limited to, concrete, wood
waste, asphalt roofing shingles and scrap metals shall be source separated
on construction sites and disposed of through proper channels.
(c)Â
Prior to the issuance of a certificate of occupancy proof of
proper disposal of construction debris shall be provided. Appropriate
information must be completed on the form provided by the Township.
Prior to the issuance of any building permits, a notice must
be posted on vacant land to clearly inform the public of the penalties
for illegal dumping pursuant to Title 13 of the New Jersey Statutes.
The developer must post a minimum of one (1) notice per each five
hundred (500) linear feet of road frontage.
A.Â
Any person, commercial, institutional and/or industrial entity who
is found to have violated the provisions of this chapter shall be
subject to the following procedures and penalties:
(1)Â
A warning on the first instance that said chapter is violated, and
thereafter;
(2)Â
A cessation in the collection of garbage which contains recyclable
materials from that household; and/or
(3)Â
Any person or business entity violating or failing to comply with
any of the provisions of this section shall, upon conviction thereof,
be punishable by a fine up to one thousand dollars ($1,000), by imprisonment
for a term not to exceed ninety (90) days or by community service
of not more than ninety (90) days, or any combination of fine, imprisonment
and community service as determined in the discretion of the Municipal
Court Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
(4)Â
The violation of any provision of this section shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
B.Â
The terms and provisions of this chapter may be enforced individually
and severally by the Township of Plumsted.
A.Â
Any commercial, industrial and/or institutional establishment located
within Plumsted Township shall submit proof of collection of solid
waste service to the Township.
B.Â
Failure to submit a plan or have an approved plan in place as required
by this chapter shall subject the commercial, industrial and/or institutional
establishment to a fine of up to one hundred dollars ($100) per day
until plan submittal requirements are met.
C.Â
Any commercial, industrial and/or institutional establishment located
within Plumsted Township found to have violated the terms and provisions
of this chapter and/or its required recycling plan as submitted to
the Township pursuant to § 52-4.3(c) of the Recycling Ordinance
shall be subject to a fine up to one thousand dollars ($1,000) per
day of violation depending upon the extent of and circumstances of
the violation and the size of the violating establishment, to be assessed
pursuant to N.J.S.A. 13:1E-9 by the Township, as authorized pursuant
to this chapter.
