[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:
Shall mean a combining of nonputrescible source-separated
recyclable materials for the purpose of recycling.
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.
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:
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.
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.
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.
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.).
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.
Shall mean all solid waste generated at residential, commercial,
and institutional establishments within the boundaries of the municipality
of Township of Fairfield.
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.
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.
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:
Shall mean the Administrator of the Township of Fairfield
or his designee.
Shall mean nonmetal furniture, carpeting, wood frames, box
frames, televisions, but, excluding building and construction materials.
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.
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.
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.
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."
Shall mean wastes presenting a danger to the health and safety
by reason of their pathological, explosive, radiological or toxic
characteristics.
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.
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.
Shall mean the owner, agent, tenant, lessee, caretaker or
any other person in charge of any premises affected by this section.
Shall mean any individual, partnership, corporation or association
of persons.
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.
Shall mean combustible such as paper, wood, plastics and
yard debris and noncombustibles such as metal, glass, ceramics and
stone.
Shall mean garbage, refuse, rubbish and trash resulting from
normal residential activities.
Shall mean any person occupying any dwelling unit, such as
a home, tract or multifamily dwelling, of two or fewer units.
Shall mean any person, occupant or firm occupying or retaining
their place of residence within the Township.
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.
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.
Shall mean garbage, refuse, rubbish and trash in any form.
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.
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.
Shall mean the Mayor and Governing Body of the Township of
Fairfield or their designee.
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.
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]
[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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
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.
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:
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.
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.
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.
Shall mean inanimate objects that serve to carry infections
or toxins from one animal to another.
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:
[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.
