Township of Fairfield, NJ
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of 1969 Code §§ 51B-1 — 51B-9, and Ordinance No. 932.
[Ord. No. 2009-10 § 16-1.1]
As used in this section:
COMMINGLED
Shall mean a combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
COVERED PROJECT
Shall mean a construction, renovation, or demolition project for which a building permit or a demolition permit is required, and for which a dumpster or roll off container shall be placed on premises for the purpose of placement of solid waste materials.
DESIGNATED RECYCLABLE MATERIALS
Shall mean those materials designated within the Essex County District Solid Waste Management Plan to be source-separated for the purpose of recycling. These materials include:
1. 
Residential: Newspapers; Mixed Paper (i.e. junk mail, office paper, all marketable grades); corrugated containers; glass food and beverage containers; aluminum beverage containers; plastic containers (#1 and #2); steel/tin containers; leaves; grass clippings; used motor oil; white goods (i.e. refrigerators, washers/dryers); lead acid batteries (vehicle batteries); ferrous scrap.
2. 
Commercial: Newspapers, office paper; corrugated containers; glass food and beverage containers; aluminum beverage containers; plastic containers (#1 and #2); steel/tin containers; leaves; used motor oil; white goods (i.e. refrigerators, washers/dryers); lead acid batteries (vehicle batteries); ferrous scrap.
3. 
Institutional: Newspapers; office paper, corrugated containers; glass food and beverage containers; aluminum beverage containers; plastic containers (#1 and #2); steel/tin containers; leaves; used motor oil; white goods (i.e. refrigerators, washers/dryers); lead acid batteries (vehicle batteries); ferrous scrap.
MULTIFAMILY DWELLING
Shall mean any building or structure, or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1 E99.13a.) and shall include hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (C.55: 13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
Shall mean the person or persons appointed by the municipal Governing Body and who shall be authorized to, among other things; enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
Shall mean all solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of Township of Fairfield.
RECYCLABLE MATERIAL
Shall mean those materials which would otherwise become solid waste, at which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
SOURCE SEPARATION
Shall mean the process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
[Ord. No. 2009-10 § 16-1.2]
a. 
Mandatory Source Separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the Township of Fairfield, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises.
b. 
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the Governing Body of the Township may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this section, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.
[Ord. No. 2009-10 § 16-1.3; Ord. No. 2016-06]
The collection of recyclable material shall be in the manner prescribed as follows:
Only Township residents may place at the curb, or drop off at the designated recycling drop off center, newspapers and commingled aluminum, plastic, steel/tin containers for collection by the Township on designated days. Contractors may not use the Township curb side pickup service or the designated drop off center to dispose of commercial waste. Newspapers shall be tied or otherwise secured in bundles not exceeding 30 pounds in weight. Commingled containers shall be placed in separate receptacles. All other recyclables shall be delivered to the Township's designated drop off center. All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above anytime after 5:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection. All receptacles or dumpsters shall be kept clean and in a safe manner.
[Ord. No. 2009-10 § 16-1.4]
The owner of any property shall be responsible for compliance with this section. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
[Ord. No. 2009-10 § 16-1.5]
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this section.
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoors litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service. All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any code enforcement officer.
[Ord. No. 2009-10 § 16-1.6]
Any application to the Planning Board of the Township of Fairfield, for subdivision or site plan approval for the construction of multi-family dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development and locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
Prior to the issuance of a Certificate of Occupancy by the Township of Fairfield, the owner of any new multi-family housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.
[Ord. No. 2009-10 § 16-1.7]
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this section and the local sanitary code. Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
[Ord. No. 2009-10 § 16-1.8]
A Debris Recovery Plan shall be filed with the Municipal Recycling Coordinator prior to the commencement of any activity for which municipal approval as further identified above. The debris recovery plan shall identify the types and estimated quantities of construction and demolition debris to be generated from the project, how each material will be managed, and the name of each facility or service provider that the entity will use to manage each material. The plan shall further detail how the applicant shall ensure that a minimum of 50% of the materials to be generated will be separated and recycled.
[Ord. No. 2009-10 § 16-1.9]
a. 
Approval. A Debris Recovery Plan shall be reviewed by the Municipal Recycling Coordinator, and approved if it provides for all of the information required by this section. An approved Debris Recovery Plan shall be marked "Approved" and returned to the owner of the entity which submitted the plan.
b. 
Denial. A Debris Recovery Plan shall not be approved if it does not provide all of the information required by this section. If a Debris Recovery Plan is not approved, the owner of the entity which submitted the plan shall be notified in writing that the plan has been rejected, including the reasons for the rejection. In order to obtain the building or demolition permit sought, the owner of the entity which will carry out the construction, renovation, or demolition project shall make the required changes and resubmit the debris recovery plan to the Municipal Recycling Coordinator.
[Ord. No. 2009-10 § 16-1.10]
a. 
Application. If the owner of an entity carrying out a covered project experiences circumstances that makes it infeasible to comply with the diversion requirement cited in this section, the owner of the entity may apply for an adjustment. The owner shall indicate in writing why it is infeasible to divert 50% of the materials being generated from the covered project and specify what percentage of diversion could be achieved. Increased costs to the owner of the entity carrying out the covered project will not be an acceptable justification for an adjustment.
b. 
Review. The Municipal Recycling Coordinator shall review the information supplied by the owner. If warranted the Municipal Recycling Coordinator shall attempt to contact the owner to discuss possible ways of meeting the diversion requirement.
c. 
Granting of an Adjustment. If the Municipal Recycling Coordinator determines that it is infeasible for the entity carrying out a covered project to divert 50% of the generated C&D debris from the covered project, the percent of diversion required shall be adjusted. The owner shall be notified in writing of the adjusted diversion requirement. The owner of the entity carrying out the covered project shall be required to divert the percent of C&D debris required by the adjustment.
d. 
Denial of Adjustment. If the Municipal Recycling Coordinator determines that it is feasible for the owner of an entity carrying out a covered project to meet the diversion requirement cited in this section, the owner shall be notified in writing of the denial of the diversion requirement adjustment.
[Ord. No. 2009-10 § 16-1.11]
Upon completion of the covered project, but before the final inspection, the owner of the entity carrying out a covered project shall submit in person or by certified mail to the Municipal Recycling Coordinator, the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
a. 
A completed debris recovery report, signed by the owner of the entity carrying out a covered project, indicating the quantity of each material generated during the covered project diverted or disposed;
b. 
Receipts from all facilities or service providers utilized to divert and dispose materials generated during the covered project; and
c. 
Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.
[Ord. No. 2009-10 § 16-1.12]
The Municipal Recycling Coordinator shall review the information submitted pursuant to this section and determine whether the owner of the entity carrying out the covered project has complied, or failed to comply with the diversion requirement. The determination regarding compliance will be provided to the owner of the entity carrying out the covered project in writing.
[Ord. No. 2009-10 § 16-1.13]
An owner of the entity carrying out the covered project may appeal a determination of failure to comply under this section to the municipality within 30 days of the decision or determination. The appeal shall be in writing and shall state the facts and basis for the appeal. A decision by the Municipal Recycling Coordinator shall be final.
[Ord. No. 2009-10 § 16-1.14]
The Code Enforcement Official, the Police Department, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, are hereby individually and severally empowered to enforce the provisions of this section. The respective enforcing official may, in his or her discretion, post warning stickers for a first offense. An inspection may consist of dumping and opening of solid waste bags of containers to detect, by sound or sight, the presence of any recyclable material.
[Ord. No. 2009-10 § 16-1.15]
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250, not more than $1000. Fines levied and collected pursuant to the provisions of this section shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.
[Ord. No. 2009-10 § 16-1.16]
If it is determined, by a Court of competent jurisdiction, that any provision or section of this section is unconstitutional, all other sections and provisions shall remain in effect. This section shall take effect immediately.
[Ord. No. 96-03 § 1]
The purpose of this section is to regulate and control the collection, disposal, and transportation of solid waste within the Township of Fairfield and State of New Jersey.
[Ord. No. 96-03 § 2]
As used in this section:
ADMINISTRATOR
Shall mean the Administrator of the Township of Fairfield or his designee.
BULK ITEMS
Shall mean nonmetal furniture, carpeting, wood frames, box frames, televisions, but, excluding building and construction materials.
CONTRACTOR
Shall mean a person or firm engaged in the business of solid waste collection and/or disposal, properly licensed by the State of New Jersey.
GARBAGE
Shall mean any animal or vegetable solid waste resulting from the handling, preparation, cooking or consumption of foods, not including human waste and including spoiled or decayed food and dead animals.
GENERAL CONTRACTOR
Shall mean any person or firm engaged in a business of service, construction, repairing, refurbishing or remodeling of buildings, the demolition of buildings or the care and maintenance of buildings or grounds within the Township.
GLASS
Shall mean all products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter, and all other materials commonly known as "glass," excluding, however, blue and flat glass commonly known as "window glass."
HAZARDOUS MATERIALS
Shall mean wastes presenting a danger to the health and safety by reason of their pathological, explosive, radiological or toxic characteristics.
NEWSPAPERS
Shall mean and include daily and weekly publications printed on paper of the type commonly referred to as "newsprint," and may include magazines and other glossy print or glued, bound or stapled printed matter.
NONRESIDENTIAL USER
Shall mean any type of commercial, industrial, professional or similar activity, whether or not operated for a profit, occupying premises within the Township and creating solid waste in any form.
OCCUPANT
Shall mean the owner, agent, tenant, lessee, caretaker or any other person in charge of any premises affected by this section.
PERSON
Shall mean any individual, partnership, corporation or association of persons.
RECYCLABLES
Shall mean all materials that are designated from time to time by State legislation and/or local ordinance to be source separated from the solid waste stream and disposed of separately. Such materials shall include leaves, grass, newspapers, glass containers, aluminum beverage cans, plastics #1 and #2, cardboard waste oil, batteries, tin cans and tires.
REFUSE AND TRASH
Shall mean combustible such as paper, wood, plastics and yard debris and noncombustibles such as metal, glass, ceramics and stone.
RESIDENTIAL SOLID WASTE
Shall mean garbage, refuse, rubbish and trash resulting from normal residential activities.
RESIDENTIAL USER
Shall mean any person occupying any dwelling unit, such as a home, tract or multifamily dwelling, of two or fewer units.
RESIDENTS
Shall mean any person, occupant or firm occupying or retaining their place of residence within the Township.
RUBBISH
Shall mean and include all broken crockery, glassware, furniture household receptacles and utensils, house sweepings, hedge clippings, garden growth, old clothing, crates, material and all discarded waste of a similar nature; provided, however, that the word "rubbish" shall not include earth and wastes from building operations, nor shall it include solid wastes resulting from industrial processes and manufacturing operations such as food processing wastes, boiler-house cinders, lumber scraps, shavings, scrap metals, metal shavings, commercial and industrial, salvage and salvage materials, and recyclable materials.
SCAVENGERS
Shall mean any unauthorized or unlicensed person, firm or corporation collecting or sorting garbage, refuse or trash placed at the collection point for the collection.
SOLID WASTE
Shall mean garbage, refuse, rubbish and trash in any form.
SPECIAL MATERIALS
Shall mean solid waste such as broken concrete, sod, dirt, stumps, logs, cars and building materials not generated by a general contractor or which can not be stored in a standard collection container.
STANDARD SOLID WASTE CONTAINERS
Shall mean a standard watertight vessel designed and constructed for the storing of garbage, refuse, rubbish and trash, and made of metal or plastic with a tight-fitting lid or cover and handles for unloading. "Standard solid waste containers" shall not have a volume larger than 32 gallons and shall not weigh more than 60 pounds when placed at the curb for collection. Plastic disposal bags not less than three mil thick are acceptable, provided that they are capable of containing 60 pounds of refuse when lifted. Plastic disposal bags shall not be used for recyclables. Bundled material shall be no longer than four feet in length and weigh no more than 60 pounds.
TOWNSHIP
Shall mean the Mayor and Governing Body of the Township of Fairfield or their designee.
WHITE GOODS AND METAL
Shall mean large appliances such as refrigerators, dryers, washers, hot water heaters, bicycles, barbecues, and metal furniture.
[Ord. No. 96-03 § 3]
a. 
No person shall collect, transport or carry any solid waste or cause any solid waste to be collected, transported or carried through on any street in the Township, without first complying with the provisions of this section. In addition, each and every vehicle used to collect, transport or carry any solid waste in or through the Township shall have the name of the owner and/or operator and the business telephone number of the same on each side of each vehicle in no less than three inch letters in a color in contrast to its background as a prerequisite. No contract shall be awarded absent delivery of proof satisfactory to the Administrator that the applicant possesses the equipment, expertise, experience and the ability to fulfill the terms and conditions of this section.
b. 
Each bidder, as a condition of bid award, shall provide a list of accounts within the Township, giving the name, address and telephone number of each account, the frequency and days of collection and the estimated volume of the refuse to be collected. Such information shall be revised and updated semi-annually.
c. 
The Mayor and Governing Body shall have the right to grant the exclusive privilege of removing and transporting solid waste for a term not exceeding five years, upon competitive bidding, to the lowest responsible bidder who complies with regulations respecting the bidding and who furnishes a proper bond satisfactory to the Governing Body in the amount of the bid, conditioned upon the faithful performance of the obligations of the contract.
[Ord. No. 96-03 § 4]
The collection and removal of solid waste shall be done in accordance with the provisions of this section and shall be subject to the general supervision of the Governing Body and the Administrator shall be subject to such additional rules and regulations the Governing Body may, from time to time, prescribe by ordinance.
[Ord. No. 96-03 § 5]
The occupant of each residential property in the Township shall supply suitable receptacles as hereinafter prescribed.
[Ord. No. 96-03 § 6]
The contractor shall, on the same day, report to the Township Administrator any dispute that occurs, between himself and an occupant with respect to the removal of solid waste, and the Administrator shall thereupon immediately investigate the subject matter and take appropriate steps under the circumstances and give necessary or emergent instructions and thereupon report, in writing, concerning the subject to the Governing Body at its next meeting.
[Ord. No. 96-03 § 7]
a. 
All receptacles for garbage shall be in conformance with the definition of "standard solid waste containers" herein. Such containers must be maintained in a manner that is not a danger to health or safety. Receptacles that are badly broken, damaged, deteriorated or otherwise fail to satisfy any of the requirements of this section shall be classified as refuse as directed by the Administrator and disposed of accordingly.
b. 
Collection waste at each location shall not exceed the equivalent of four standard solid waste containers of residential solid waste and yard waste per collection day.
c. 
All receptacles shall be within five feet of the improved roadway or as may be directed by the Administrator and shall be promptly removed after the contractor has picked up the garbage, refuse and/or trash.
d. 
No occupant shall permit solid waste or containers to be at the collection point earlier than 12 hours before the start of the collection day or to remain at the collection point longer than 12 hours after the end of the standard collection day, except as may be permitted by the Administrator.
e. 
All residential solid waste, except certain special material shall be placed in standard solid waste containers as defined hereinabove. Garbage shall, wherever possible, be drained and wrapped to prevent spilling and contamination of other refuse. Branches shall be bundled securely.
f. 
The recyclable materials as defined herein must be separated from other solid waste.
1. 
Any person, firm or corporation not separating recyclables from their regular refuse will be in violation of this section and subject to the penalties provided herein. Physically disabled resident owners are exempt from the provisions in this section and in the event that the Township requires drop-off of recyclables at a specified depot, then resident owners without a means of transporting the recyclables to the depot are also exempt.
2. 
Anything herein to the contrary notwithstanding, any person who is an owner, lessee or occupant may donate or sell recyclables to any person, partnership or corporation whether operating for profit or not for profit.
3. 
The Municipal Recycling Coordinator of the Township is authorized and directed hereby to enforce this subsection of this chapter. He is hereby authorized and directed to establish and promulgate such reasonable regulations as to the manner, days and times for the collection and disposal of recyclable materials. Regulations shall be promulgated and effective not later than three months from the effective date hereof.[1] Within 30 days from the date of the promulgation and publication of such regulations, the Township Council may, by majority vote, change, modify, repeal or amend any portion of the rules and regulations.
[1]
Editor's Note: Ordinance No. 96-03 was adopted on February 26, 1996.
4. 
Leaves and grass residential, commercial, industrial and institutional users shall be banned from disposal with regular refuse.
g. 
1. 
Bulk items shall be collected once per month on designated days. Up to four bulk items may be placed at the curb the night before the scheduled collection day. Rugs must be rolled and tied in four foot lengths.
2. 
White goods and metals shall be collected once per month on designated days. Appliances with refrigerant must have all refrigerant removed prior to collection. Remove all doors from appliances and place items at curb the night before the scheduled collection day.
h. 
Garbage, refuse and/or trash spilled by animals, vandals or as a result of defective or inadequate containers or any reason whatsoever, prior to the actual collection of the same by the contractor, shall be placed in a proper receptacle within six hours by the occupant.
i. 
No hazardous material shall be placed at the curb for collection by occupant without first obtaining permission from the Administrator. The Administrator shall render a decision as to whether the material is acceptable for Township collection and disposal, after consultation with the Essex County Utilities Authority and other applicable agencies based upon the pathological, explosive, radiological and/or any other toxic characteristics.
j. 
In buildings in which two or more families reside, each family shall mark its own receptacles with the initials of the respective name as to render the receptacles readily identifiable.
k. 
Immediately after the receptacles are properly emptied, the contractor shall return them to point from which he took them.
l. 
Dumpsters, roll-offs and drop-bores may be used at certain nonresidential, commercial and industrial sites if approved or directed by the Zoning Officer. All such solid waste containers shall comply with all Occupational Safety Health Act (OSHA) and American National Standards Institute (ANSI) regulations and shall meet or exceed the appropriate Waste Equipment Manufacturers Institute (WEMI) specifications. All such containers shall be maintained in a manner so as not to present a danger to health or safety. All containers shall be clearly marked with the owner's name, address and business telephone number and shall be placed on an asphalt or concrete pad of sufficient thickness and length to allow for the proper loading and unloading without damaging either the pad or adjacent surroundings. All permanent containers shall be placed within an enclosure of sufficient size for the purpose of screening and to prevent windblown material. Location be approved by the Township Zoning Officer. In residential zones, all dumpsters, whenever possible, shall be located on the premises. No dumpster shall remain on site more than 30 days before emptying.
[Ord. No. 96-03 § 8]
a. 
All vehicles used for collection, removal and transportation of solid waste shall be completely enclosed and capable of compacting the refuse within the body of the vehicle. All such/vehicles shall be in compliance with all OSHA and ANSI regulations and shall meet or exceed the appropriate WEMI specifications.
b. 
All equipment used by the contractor shall be subject to inspection by the Department of Public Works at any reasonable time in order to ensure compliance with the terms and conditions of this section.
c. 
All vehicles used for the collection and removal of solid waste shall be provided with a watertight box, body or container closely and entirely covered with suitable covers adequate to prevent leakage or dripping or material being blown from the vehicle. Such vehicles shall be kept closed at all times, except during the period of emptying and filling, and shall be kept clean and shall be thoroughly washed, inside and outside, between each collection and the next subsequent collection. The contractor shall not permit any vehicle to become offensive either through odor, appearance or for any other reason.
d. 
Each vehicle used by the contractor for removal or transportation of solid waste shall carry at least one shovel and one broom and other equipment which may be necessary in keeping the vehicle clean and cleaning up the area at which such substance is collected. The contractor shall carefully clean the area from which garbage and rubbish is collected, and no garbage, rubbish or receptacle shall be left by the contractor on the sidetractor on the sidewalk or the curblines or in the area or space from the place of collection to the vehicle. If any garbage or rubbish shall fall from the vehicle, either during collection or transportation, such article shall be immediately gathered and replaced in the vehicle and the place rendered clean.
[Ord. No. 96-03 § 9]
a. 
The contractor shall report to the Department of Public Works, in writing, within 24 hours, all cases in which it is impossible, because of freezing or otherwise, to collect and remove solid waste.
b. 
No solid waste shall be piled higher than the regular height of the sideboards of the vehicle.
c. 
Garbage can covers removed at the time of collection shall immediately be replaced by the collectors after collection.
d. 
Neither the contractor nor any of his agents or employees shall pick or sort garbage or rubbish, and the contents of containers of garbage and rubbish shall be immediately transferred, at the time of collection, from the curb or from the premises without any unnecessary play or exposure and without spilling.
e. 
The contractor shall see to it that his employees, agents and collectors shall deport themselves in a quiet, decent and law abiding manner and apply themselves diligently to the performance of the necessary work and shall refrain from neglect or insolence or any improper conduct, and the contractor shall discharge any employee failing in any of these requirements.
f. 
The contractor shall provide, on each collection vehicle, at least one employee or attendant who is able to read, write, speak and comprehend the English language intelligently.
g. 
The contractor shall not sprinkle or place any disinfectant or poisonous chemical upon any garbage or waste matter within the limits of the Township.
[Ord. No. 96-03 § 10]
All equipment used by the contractor and any dump used by him shall be subject to inspection by the Administrator or his designee at any reasonable time.
[Ord. No. 96-03 § 11]
a. 
Solid waste shall be collected promptly and punctually at such times as may be specified in the contract or agreement between the Township and the contractor, and removal shall be made not earlier than 6:00 a.m. each day in the residential districts.
b. 
Neither the contractor or any of his employees or agents shall engage in any loud or unnecessary noises in the removal of garbage or rubbish, and all such collection and removal shall be done quietly.
c. 
The contractor shall notify occupants of the dates set forth for the collection of solid waste and shall also notify such companies when any changes in such dates have been duly authorized by the Administrator.
d. 
There shall be no collection of solid waste on the following holidays: New Year's Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. In the event that a scheduled collection day falls on one of the foregoing holidays, such collection will occur on the next day.
[Ord. No. 96-03 § 12]
a. 
The days and hours, method of operation of the Township-maintained Special Materials Disposal facility shall be determined from time to time by the Township and notice thereof shall be published in the recycling schedule circulated in the Township and posted in the Municipal Building.
b. 
The following items shall not be deposited in the bulk dumpster.
1. 
Recyclables and all items collected at curbside.
2. 
Hazardous waste.
3. 
Soil, asphalt pavement.
4. 
Automobile chassis, engines.
5. 
Any items that may be deemed hazardous or requiring special disposal.
c. 
The Department of Public Works shall be responsible for the operation of the dumpster facility.
[Ord. No. 96-03 § 13]
The contractor, in collection, disposal and removal of solid wastes, shall comply with all provisions of this section and shall comply with the provisions of any other ordinance or regulation adopted by the Governing Body of the Township or with any State or Federal law or regulation which may pertain to the subject matter.
[Ord. No. 96-03 § 14]
No contract for the removal of garbage and rubbish made between the Township and the contractor shall be assignable or interchangeable to or with any other contractor, except with the written consent of the Mayor and Governing Body of the Township. Transferral of the contract without such consent shall, at the option of the Governing Body, render the contract null and empower the Mayor and Governing Body, at its option, to award the work to some other person, and the contractor shall be answerable for any loss or damage suffered.
[Ord. No. 96-03 § 15]
No person shall give any instructions or directions or commands the result of which or compliance with which would involve a violation of any of the provisions of this section. Any person giving or any person complying with such instruction shall be deemed guilty of violating this section.
[Ord. No. 96-03 § 16]
It shall be unlawful for any person, his agents or employees to pick, sort or salvage any garbage or refuse and recyclables placed out for collection.
[Ord. No. 96-03 § 17]
Whenever daylight savings time is adopted and effective in the Township, then any time or hours mentioned in this section shall be deemed to refer to daylight savings time.
[Ord. No. 96-03 § 18; New]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 2005-19 § 2]
It is the purpose of this section to establish a yard waste collection and disposal program in the Township of Fairfield, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2005-19 § 2]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, as may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves and grass clippings.
[Ord. No. 2005-19 § 2]
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. No. 2005-19 § 2]
The provisions of this section shall be enforced by the Township of Fairfield Police Department.
[Ord. No. 2005-19 § 2]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $150 for each offense.
[Ord. No. 2005-19 § 2]
Each subsection, sentence, clause and phrase of this section is declared to be independent subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
[Ord. No. 2005-19 § 2]
This section shall be in full force and effect from and after its adoption and publication as may be required by law.
[Ord. No. 2005-19 § 2]
It is the purpose of this section to establish requirements for the proper handling of yard waste in the Township of Fairfield, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2005-19 § 2]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with the stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, as may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves and grass clippings.
[Ord. No. 2005-19 § 2]
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. No. 2005-19 § 2]
The provisions of this section shall be enforced by the Police Department of the Township of Fairfield.
[Ord. No. 2005-19 § 2]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $150 for each offense.
[Ord. No. 2005-19 § 2]
Each subsection, sentence, clause and phrase of this section is declared to be an independent subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
[Ord. No. 2005-19 § 2]
This section shall be in full force and effect from and after its adoption and publication as may be required by law.
[Ord. No. 2009-22 § 1]
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Fairfield and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2009-22 § 1]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Fairfield or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2009-22 § 1]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases, or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system operated by the Township of Fairfield.
[Ord. No. 2009-22 § 1]
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES Permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. No. 2009-22 § 1]
This section shall be enforced by the Police Department and/or Property Maintenance Inspector of the Township of Fairfield.
[Ord. No. 2009-22 § 1]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $250.
[Ord. No. 2009-22 § 1]
Each subsection, sentence, clause and phrase of this section is declared to be an independent subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
[Ord. No. 2017-09]
a. 
The purpose and scope of this section are as follows:
1. 
To require storage of manure at least 100 linear feet from surface waters of the State;
2. 
Minimizing odors from manure storage and application areas;
3. 
Controlling vectors and fomites; and
4. 
Optimizing the beneficial use of nutrients from manure and bedding materials.
b. 
These rules only apply to farms receiving or applying animal waste. These rules do not apply to facilities regulated by the New Jersey Department of Environmental Protection under N.J.A.C. 7:26 (solid waste management rules, 7:26A (solid waste recycling rules), and 7:14A (CAFO General Permit #NJ0138631).
c. 
Nothing in this section shall be construed to alter or compromise the goals, purposes, and provisions of, or lessen the protections afforded to farmers by, the right to Farm Act, P.L. 1983, c. 31 (N.J.S.A. 4:1C-1 et seq.), and any rules adopted pursuant thereto.
[Ord. No. 2017-09]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ANIMAL WASTE
Shall mean livestock manure, unconsumed feed and associated bedding materials and animal carcasses from normal mortalities of livestock on a farm. For the purpose of these rules, animal waste shall be free of plastic, metal, glass or other non-biodegradable materials, with the exception of de minimis quantities which result from agricultural activities.
COMPOSTING
Shall mean the aerobic, biological decomposition of organic matter, including manure, leaves, bedding and crop residues. It is a natural process that can be enhanced and accelerated by selecting organic waste "recipes," as set forth in the NJ-FOTG, with proper carbon/nitrogen balance; mixing to provide proper aeration; and monitoring to assure that ideal moisture levels and temperatures are maintained. These extra steps provide optimal conditions for the microbes that transform "raw," on-farm wastes into a relatively stable soil amendment/crop nutrient.
FOMITE
Shall mean inanimate objects that serve to carry infections or toxins from one animal to another.
VECTOR
Shall mean a living organism that serves to carry infections or toxins from one animal to another.
[Ord. No. 2017-09]
Each farm shall have a plan for managing manure that includes collection, storage, spreading, and disposal that provides for the following requirements:
a. 
To reduce the amount of manure runoff, stockpiled manure and bedding shall be covered.
b. 
Manure storage areas shall be located at least 100 linear feet from surface waters of the State, measured perpendicular to the watercourse from the top of bank outwards. Manure storage areas shall be designed to eliminate direct point source discharges to waters of the State except for storm water discharges to surface water that occurs above a twenty-five-year, twenty-four-hour storm event.
c. 
Land application of animal waste shall be performed in accordance with the principles of the New Jersey Department of Agriculture (NJDA), Best Management Practices (BMP) Manual Part IV.
[Ord. No. 2017-09]
a. 
Farms receiving animal waste shall not receive waste from May 15 through September 15.
b. 
Stored manure shall be in a dry, level, impermeable location, free from stormwater runoff, and out of the floodplain.
c. 
The storage structure shall have a cover or roof.
d. 
Drainage from storage should be channeled into a vegetative buffer.
[Ord. No. 2017-09]
a. 
The existence or presence of any accumulation of garbage, refuse, manure, or animal or vegetable matter which may attract flies and to which flies may have access, or in which fly larvae or pupae breed or exist is prohibited.
b. 
Depositing, accumulating, or maintaining any matter or thing such as garbage, refuse, manure, or animal or vegetable matter which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place is prohibited.
[Ord. No. 2017-09]
This section shall be enforced by the Health Department of the Township of Fairfield.
[Ord. No. 2017-09]
a. 
All places and premises in this municipality shall be subject to inspection by the Board of Health or the Enforcing Official if the Board or that Official has reason to believe that any subsection of this section is being violated.
b. 
It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the Board of Health or the Enforcing Official from having full access to any place or premises upon which a violation is believed to exist.
[Ord. No. 2017-09]
Fines for violations of this section are as follows:
a. 
Not less than $150 for a first offense;
b. 
Not less than $250 for a second offense; and
c. 
Not less than $500 for each subsequent offense.
[Ord. No. 2017-09]
Each subsection, sentence, clause and phrase of this section is declared to be an independent subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
[Ord. No. 2017-09]
This section shall be in full force and effect from and after its adoption and publication as may be required by law.