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.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
