Pursuant to R.S. 26:3-69.1 et seq., a code regulating the manner in which refuse may be stored, collected and disposed of; declaring and defining certain conditions as nuisances; fixing the responsibilities and duties of persons storing, collecting or disposing of refuse and providing for issuance of permits to collect refuse, described and commonly known as the Solid Waste Code of New Jersey (1959), is hereby adopted as amended by this chapter. A copy of the code, as amended, is annexed hereto and made a part hereof without inclusion of the text herein.
Three copies of the code, as amended, have been placed on file in the office of the health officer of the board of health and shall remain on file there for the use and examination of the public.
Section 6.2 of the code is amended to exclude therefrom the last sentence thereof.
Section 6.3: All vehicles used for the purpose of collecting garbage shall be fully enclosed except for such minimum openings as are necessary for the introduction of refuse, except that an open vehicle may be used as a temporary emergency substitute for an enclosed vehicle which is disabled provided such temporary emergency use of an open vehicle does not exceed three days or is authorized for a longer period in writing by the health officer.
Section 6.4: No vehicle containing any quantity of garbage shall be parked anywhere in the township for a period of time exceeding four hours, regardless of whether such vehicle is operable or disabled.
Section 7: Standards for Storage Facilities for Solid Waste.
All owners, lessees and occupants of new industrial, institutional (including, without limitation, nursing homes and assisted living facilities), commercial, multi-family housing (housing having three or more units of dwelling space) buildings, and all applicants for development requiring subdivision or site plan approval, shall provide storage facilities for solid waste and source separation of all recyclable materials required by the Somerset County recycling plan, in accordance with the standards set forth in this section.
Any owners, lessees or occupants of existing industrial, institutional (including, without limitation, nursing homes and assisted living facilities), commercial or multi-family housing buildings, who shall be penalized for violation of the code two or more times during any twelve-month period, shall forthwith provide storage facilities for solid waste and source separation of all recyclable materials required by the Somerset County recycling plan, in accordance with the standards set forth in this section.
The facilities to be provided for the storage of solid waste shall consist of one or more enclosed unroofed structures providing for the separate storage of garbage and recyclables. The minimum size of the structure shall be 10 feet by 20 feet. The sides and back wall of the structure shall be of cinder block or other material approved by the board of health or its representative and the walls shall be not less than seven feet high. The floor shall be concrete or other cleanable material properly sloped to provide drainage. The front of the structure shall consist of lockable gates to prevent unauthorized usage or access. A hose bib shall be provided within a reasonable distance to provide water for cleaning.
The storage facilities shall be located in a convenient and safe location in the rear or side yard of the premises, in a place accessible to the solid waste collector and all set-back lines shall be strictly observed. Signs clearly identifying the recycling area and the materials accepted therein shall be posted at the point of access to the storage area. Individual dumpsters (roll-off containers) and other containers shall be equipped with signs indicating the materials to be placed therein.
The storage facilities shall be kept neat and clean and in an aesthetically pleasing manner and shall not be allowed to become a source of foul odors, and attraction or harborage for insects or rodents, or any other nuisance. Garbage shall be stored in covered dumpsters or other appropriate covered containers. Dumpsters and containers containing garbage shall be kept securely covered and shall not be overloaded so as to prevent proper closing of the covers.
The board of health may grant variations from the provisions of this section where, by reason of physical features or a situation uniquely affecting a property, the strict application of this section would result in practical difficulties or undue hardship upon the owner, lessee or occupant, or where alternate facilities are proposed for solid waste storage, equal to or better than those prescribed by this section.
Any person who disposes, dumps, throws, drops, discards, or otherwise places waste of any nature upon public or private property, of which such person is not the owner, lessee or occupant, or has not received the owner's, lessee's or occupant's consent to do so, shall be in violation of this section. The discovery, in illegally disposed of waste, of identifying materials bearing a person's name and address, shall give rise to a rebuttable presumption that such person was the illegal disposer.
This section may be enforced by any Warren Township health officer, sanitarian, code enforcement official, building or zoning officer, police officer, or any other person authorized to do so by the board of health.
Persons engaged in the business of collecting or disposing of refuse shall annually secure from the board of health a permit for each vehicle used to collect refuse, the fee for which shall be $5. Such permits shall expire annually on December 31. Such permits shall not be issued until a license has been obtained from the township committee. An application for all permits shall describe and identify by a motor vehicle registration number the vehicle to be covered thereby and shall identify the location where the applicant shall dispose of the refuse. A vehicle used to collect refuse shall be inspected by the health officer prior to issuance of a permit.
A permit may be refused or revoked by the board of health, upon hearing for any reason affecting the public health including, but not limited to, inadequate or dilapidated equipment, lack of an approved disposal site, or repeated or gross violations of this chapter or the code established hereby.
Any person, firm, corporation, partnership or other entity, who shall violate or fail to comply with any of the provisions of this chapter or the code established hereunder, or with any order of the board of health or its representative made pursuant hereto, shall be subject to a penalty of not less than $100 or more than $500 for each offense. Each day during which a particular violation continues shall constitute a separate offense.