Township of Upper, NJ
Cape May County
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Table of Contents
Table of Contents
[Ord. #4-1995, § 1; Ord. #002-2005, § 1]
a. 
The Township intends to establish and regulate a uniform program for the collection and disposal of solid waste within the Township.
b. 
Solid waste collection shall be made available for all residential properties and multi-family housing developments as set forth in this Chapter.
c. 
Solid waste collection will be provided to commercial properties and subject to certain limitations specified in this Chapter.
d. 
The recycling program shall apply to all properties within the Township as set forth in this Chapter.
[Ord. #4-1995, § 1; Ord. #010-2007, § 1]
The Township Committee makes the following factual determinations:
a. 
The cost of collection and disposal of solid waste is continuing to increase and at the same time, available and convenient landfill facilities for such disposal are decreasing.
b. 
The New Jersey Mandatory Source Separation and Recycling Act of 1987, as the same may be hereafter amended or supplemented, requires and mandates the separation, collection and disposal of certain recyclable materials and such separation, collection and disposal of recyclable materials will reduce the quantity of solid waste being landfilled and will consequently extend the useful life of landfills and provide a direct cost benefit in reducing the financial burden associated with solid waste collection and disposal. The Act has established a goal of 50% reduction of Municipal Solid Waste stream and a 60% reduction of the total solid waste stream through source separations and recycling.
c. 
Because of limited resources, including both equipment and personnel, and because of a need to control or limit the growth of local government, and because of the high costs associated with solid waste collection and disposal, the solid waste collection program implemented herein will apply without limitation to residential properties and with certain limitations to commercial properties This limitation is necessary in order to provide the same basic level of services to all properties and property owners - both residential and commercial - while at the same time recognizing that commercial enterprises which generate more than the quantity or volume limits imposed herein, can contract with a private hauler for disposal and the cost thereof can be recovered as an expense of doing business and added to the price of the product or service. In general, residential property owners have no such option and therefore must depend exclusively on municipal services. Moreover, even though there are fewer commercial properties than residential properties in the Township, past experience has demonstrated that the service of commercial properties consumes more human resources and necessitates longer loading time, increased man-hours, increased equipment tie-up and higher overall costs including higher tipping fees than does the service of residential properties.
d. 
The findings with respect to commercial properties apply with equal force to multi-family housing developments which include mobile home parks and campgrounds.
e. 
The collection of designated recyclable materials will be provided to all residential and commercial properties within the Township. Since State law requires a mandatory recycling program and since the Township is required to provide such services to all properties - both residential and commercial - this places an additional strain and burden on the Township's resources and is a further reason that the Township must place limits on the quantity and volume of solid waste to be collected from commercial and multi-family housing developments.
f. 
The Cape May County Solid Waste Management Plan designates the list of mandatory recyclables to be source separated for recycling within the County.
g. 
Recycling will reduce the Township's expense of solid waste disposal, conserve energy and valuable resources, extend the life of the Cape May County's only landfill and has the potential to produce revenues from the sale of such recyclable materials.
[Ord. #4-1995, § 1; Ord. #002-2005, § 1; Ord. #013-2005, § 1; Ord. #010-2007, § 1; Ord. #005-2014]
When used in the context of this Chapter, the following terms will have the meaning set forth:
BULK TRASH
Shall mean large household items including furniture, rugs, carpets, mattresses, box springs, televisions and other dry, bulking household waste.
CAMPGROUND
Shall mean an area consisting of two or more campsites which are regulated by the State Campground Code and licensed by the Township and subject to inspection by the Cape May County Department of Health. The term shall include campgrounds that are privately owned or owned by multiple owners operating under a condominium association.
CMCMUA
Shall mean Cape May County Municipal Utilities Authority.
COMMERCIAL PROPERTY
Shall mean bars, restaurants, food establishments and food markets; campgrounds; hotels and motels; industrial or manufacturing operations; automobile agencies and showrooms; used car sales; body shops and auto repairs; gasoline service stations; shopping centers and commercial and professional office complexes; boat yards and marinas; banks and lending institutions; roadside stands and farm markets; as well as any and all other similar uses.
CONSTRUCTION MATERIALS
See "Debris."
CONTAINER
Shall mean an automated collection cart provided by the Township of Upper unless the context indicates otherwise.
COUNTY
Shall mean the County of Cape May.
DEBRIS
Shall mean building materials, concrete, bricks, lumber, scrap wood and other like material.
GARBAGE
Shall mean putrescible animal, fish, fowl, fruit or vegetable waste incident to and resulting from the use, preparation, cooking and consumption of food.
GOVERNING BODY
Shall mean the Township Committee of the Township of Upper.
HAULER
Shall mean a person or firm engaged in the collection and disposal of solid waste and registered with or licensed by NJDEP.
MOBILE HOME PARK
Shall mean an area consisting of two or more mobile homes situated on ground that is leased from a mobile home park owner or operator and which is licensed by the Township.
MULTI-FAMILY HOUSING DEVELOPMENTS
Shall mean a building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of buildings. The term shall include mobile home parks and residential condominium facilities with a density greater than two units per acre.
NJDEP
Shall mean New Jersey Department of Environmental Protection.
OCCUPANT
Shall mean owner, tenant, lessee, caretaker, or any other person or persons in charge of or residing in a residential or commercial property. This term shall include natural persons, proprietorships, partnerships, corporations and joint ventures.
OWNER
See "Occupant."
PRIVATE HAULER
See "Hauler."
RESIDENTIAL PROPERTIES
Shall mean any property or premises which does not meet the definition of commercial property or commercial premises or multi-family housing developments as defined herein.
SOLID WASTE
See definition of "garbage" and definition of "trash." This term shall also include any and all materials which may be disposed in the secure, sanitary landfill operated by the Cape May County Municipal Utilities Authority as approved by regulation of the New Jersey Department of Environmental Protection.
TOWNSHIP
Shall mean the Township of Upper.
TOWNSHIP COMMITTEE
Shall mean the governing body of the Township of Upper.
TRASH
Shall mean plastic material, ceramic, blue and flat glass, non-putrescible solid waste, contaminated paper and other similar material.
There is hereby established within the Township a program for the collection and disposal of trash and garbage.
[Ord. #4-1995 § 1; Ord. #002-2005 § 1; Ord. #013-2005 § 1; Ord. #010-2007 § 1; Ord. #005-2014]
The Township will provide the municipal collection of solid waste as follows:
a. 
Residential properties shall:
1. 
Have weekly pickup.
2. 
One ninety-six-gallon container will be assigned by serial number recorded by the Department of Public Works to each residential property and will remain the property of the Township of Upper.
3. 
If occupant moves, the container assigned to that property must be left behind for the new occupant.
4. 
Residents may trade in the ninety-six-gallon container for a smaller sixty-four-gallon container or thirty-five-gallon container upon review by the Department of Public Works based on the request by the resident stating that the ninety-six-gallon container is too large.
5. 
Residents after following all recycling rules and regulations but still not having enough space in the ninety-six-gallon container may purchase a second container at a price set by the Township Committee by resolution as part of the solid waste collection rules and regulations.
6. 
If a container is lost, the resident must purchase a replacement container from the Township.
b. 
Commercial properties shall:
1. 
Have weekly pickup.
2. 
Be limited in quantity to one ninety-six-gallon container which will be assigned by serial number recorded by the Department of Public Works to each commercial property and will remain the property of the Township of Upper.
3. 
If the business moves, the container assigned to the business must be left behind for the new business.
4. 
If the commercial property requires more than one ninety-six-gallon container then the property shall comply with subsection 24-1.11.
5. 
If a container provided by the Township is lost, the property owner must purchase a replacement container from the Township.
c. 
Home occupations shall be deemed the same as residential property and shall comply with paragraph a above.
d. 
The following shall apply to multi-family housing developments, notwithstanding any other provision of this Chapter:
1. 
Multi-family housing developments shall have a weekly pickup.
2. 
Unless a different method of collection is approved by the Township, the facility shall provide a suitable central location on the premises for the storage of said materials.
3. 
Containers shall be determined by the Township Department of Public Works based on the nature of the development and efficiency concerns.
4. 
The storage area must be designed so as to allow Township collection crews easy access to said materials and to prevent said materials from being scattered by the elements.
5. 
In lieu of a central location, the Township may require an alternative means of collection based on accessibility, maneuverability and efficiency.
6. 
There shall be no limitation as to the amount or quantity collected; however, the Township, in lieu of Township collection, reserves the right to reimburse the facility for the reasonable cost of such collection by a private hauler as set forth in subsection 24-1.11e.
[Ord. #4-1995 § 1; Ord. #005-2014]
a. 
Garbage, trash and solid waste will be collected once each week on such day and at such times as are specified by the Township Committee pursuant to resolution.
b. 
Bulk trash will be collected monthly on such days and during such hours as are specified by the Township Committee by resolution.
[Ord. #4-1995, § 1]
a. 
Each occupant must comply with all of the provisions of this Chapter as well as any rules and regulations promulgated pursuant to this Chapter.
b. 
In addition to any penalty which is prescribed for a violation of this Chapter, the failure to comply with the provisions of this Chapter and the rules and regulations promulgated pursuant thereto, the solid waste of any occupant will not be collected unless and until the same is set out for collection in the manner herein prescribed.
[Ord. #4-1995 § 1; Ord. #002-2005 § 1; Ord. #013-2005 § 1; Ord. #005-2014]
a. 
The occupant of each premises shall utilize the container provided by the Township, no other container will be used for collection.
b. 
Plastic or vinyl trash bags may not be used unless inserted inside a container.
[Ord. #4-1995, § 1]
The occupant of each premises in the Township shall comply with the following requirements:
a. 
Garbage shall be drained of moisture and placed in a plastic bag before being placed into a container.
b. 
The container must be placed at the curb or property line along a public street or highway in such a manner as to give the Township collection crew ready access. No person shall place a container at any location other than curbside at the property owned or occupied by such person.
c. 
Bulk trash must be placed at the curb at the same location as trash and garbage. Items must be arranged in a manner that permits Township collection crews ready access to the same. No person shall place bulk items at any location other than curbside at the property owned or occupied by such person.
d. 
No items shall be placed at curbside for collection prior to 6:00 p.m. on the day immediately preceding the scheduled collection day.
[Ord. #4-1995, § 1; Ord. #010-2007, § 1]
a. 
Certain materials and items are deemed prohibited waste. The following items shall constitute prohibited waste and shall not be collected by the Township:
1. 
Construction materials or building materials;
2. 
Debris resulting from yard clearing or lot clearing;
3. 
Debris resulting from tree removal;
4. 
Ashes from burning devices;
5. 
Hazardous materials, including but not necessarily limited to the following items:
Oil based paints
Gasoline or gasoline mixed with oil
Fuel oil or diesel fuel
Varnishes, stains, shellacs or similar material
Pesticides, herbicides or similar material
Corrosive materials
Flammable materials
Reactive materials
Regulated medical waste (including syringes and lancets)
[Ord. #4-1995 § 1; Ord. #002-2005 § 1; Ord. #005-2014]
a. 
The owner, operator or manager of a commercial property must designate a central location within the complex to deposit solid waste collection. If the aggregate amount of such solid waste exceeds the limits in quantity imposed by this Chapter, such owner, operator or manager shall arrange for the collection of such solid waste as provided in this section. The quantity to be collected by the Township is one ninety-six-gallon container and must be placed curbside.
b. 
The occupant of each commercial property which generates in excess of one ninety-six-gallon container of solid waste per week shall contract with a private hauler licensed by NJDEP to collect and dispose of such solid waste or shall otherwise personally deliver such excess solid waste to the secure sanitary landfill operated by the CMCMUA. The cost of collection and disposal shall be the sole responsibility of such commercial occupant, owner or manager.
c. 
The occupant of commercial property shall arrange for weekly collection or disposal of excess solid waste unless the nature of the commercial activity or enterprise or the volume of solid waste generated requires more frequent disposal in order to protect the public health and welfare and to prevent the creation of a health hazard and to prevent obnoxious odors or otherwise avoid the creation of a nuisance.
d. 
The owner, operator or manager of any multi-family housing development must designate a central location within the complex to deposit solid waste pending collection.
e. 
The Township of Upper shall have the option, in lieu of Township collection, to reimburse the owner of a multi-family housing development for the reasonable cost of collection by a private waste hauler licensed by NJDEP to collect and dispose of such solid waste. In the event the Township elects not to reimburse the owner of a multi-family housing development for such reasonable cost, the Township shall collect solid waste in accordance with this Chapter. In the event the Township elects to reimburse said reasonable cost of collection payment to the owner shall be made on a semi-annual basis.
[Ord. #4-1995, § 1]
a. 
The Township Committee is hereby authorized to participate in various other programs such as the Litter Abatement Partnership Program conducted with the CMCMUA, as well as the Clean Communities Program sponsored by the State of New Jersey, as well as such other similar programs as are now available or may hereafter be available. Participation in such programs shall be authorized by duly adopted resolution of the Township Committee.
[Ord. #4-1995, § 1]
a. 
The Township Committee is authorized to adopt rules and regulations for the efficient operation and management of the solid waste collection program established herein.
b. 
Any rule or regulation promulgated pursuant hereto shall be adopted by formal resolution of the Township Committee.
[Ord. #4-1995, § 1; Ord. #013-2005, § 1]
This section shall be enforceable by any one or more of the following:
a. 
Superintendent of Public Works;
b. 
Supervisor of Roads;
c. 
Recycling Coordinator of the Township of Upper;
d. 
Code Enforcement Official(s) of the Township of Upper;
e. 
Any inspector or other designated agent of the Cape May County Department of Health;
f. 
Any law enforcement officer of the State of New Jersey;
g. 
Sanitation Inspector.
[Ord. #4-1995, § 1]
a. 
Any person who violates any provision of this section, or any of the rules and regulations promulgated pursuant hereto, shall, upon conviction, be punished as follows:
1. 
For first offense by a fine of not less than $50 nor more than $250.
2. 
For a second or subsequent conviction, by a fine in a minimum amount of $100 and the maximum amount of $1,000 and/or a period of community service not to exceed 14 days and/or by incarceration for a period not to exceed 30 days, or any combination hereof.
3. 
Any person who is convicted of violating this Chapter within one year of the date of a previous violation of this Chapter and who was fined for the previous violation, shall be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed by the Court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the Chapter but shall be calculated separately from the fine imposed for the violation.
Each and every successive period of 24 hours or any fraction thereof that such violation continues shall be deemed a separate and distinct offense and shall be punishable accordingly.
[Ord. #4-1995, § 2]
Consistent with the requirements of New Jersey Law, the Township will continue its program of collecting designated recyclable materials from all premises and properties in the Township of Upper, both residential and commercial including multi-family dwellings. The Township incorporates by reference herein the statement of policy set forth in subsection 24-1.1 hereof.
[Ord. #4-1995, § 2]
The Township adopts by reference the factual determinations set forth in subsection 24-1.2 hereof.
[Ord. #4-1995, § 2; Ord. #002-2005, § 1; Ord. #013-2005, § 1; Ord. #010-2007, § 1; Ord. #005-2014]
When used in the context of this Chapter and this section, the following terms will have the meaning set forth:
CAMPGROUND
Shall mean an area consisting of two or more campsites which are regulated by the State Campground Code and licensed by the Township and subject to inspection by the Cape May County Department of Health. The term shall include campgrounds that are privately owned or owned by multiple owners operating under a condominium association.
CMCMUA
Shall mean Cape May County Municipal Utilities Authority.
COMMERCIAL PROPERTY
Shall mean bars, restaurants, food establishments and food markets; campgrounds; hotels and motels; industrial or manufacturing operations; automobile agencies and showrooms; used car sales; body shops and auto repairs; gasoline service stations; shopping centers and commercial and professional office complexes; boat yards and marinas; banks and lending institutions; roadside stands and farm markets; as well as any and all other similar uses.
COMMINGLED RECYCLING
Shall mean nonputrescible source-separated recyclable materials (mixed glass bottles and jars, metal cans and plastic containers with #1 through #7 recycling symbol) for the purpose of recycling.
COMPOSTABLE MATERIALS
Shall mean leaves, grass clippings, yard debris which is free of plastic bags including biodegradable plastic bags which is generated at a residential property.
CONTAINER
Shall mean an automated collection container provided by the Township of Upper unless the context indicates otherwise.
COUNTY
Shall mean County of Cape May.
GLASS FOOD AND BEVERAGE CONTAINERS
Shall mean all containers made from silica or sand, soda ash and limestone used for packaging or bottling of various foods and beverages.
GOVERNING BODY
Shall mean The Township Committee of the Township of Upper.
LANDFILL
Shall mean the Cape May County Municipal Utilities Authority Sanitary Landfill.
LOOSE LEAVES
Shall mean clean leaves free of brush, branches, trash, dirt and debris.
METAL FOOD AND BEVERAGE CONTAINERS
Shall mean all metal cans including tin, bi-metal, and aluminum.
METAL JUNK
Shall mean metal cabinets, bicycles, metal furniture and similar materials.
MIXED PAPER
Shall mean all uncontaminated paper material including used newspaper, magazines, advertising circulars, office paper, brown paper bags, chipboard boxes, clean pizza boxes, gift wrapping paper and corrugated cardboard.
MOBILE HOME PARK
Shall mean an area consisting of two or more mobile homes situated on ground that is leased from a mobile home park owner or operator and which is licensed by the Township.
MULTI-FAMILY HOUSING DEVELOPMENTS
Shall mean a building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of buildings. The term shall include mobile home parks and residential condominium facilities with a density greater than two units per acre.
MUNICIPAL SOLID WASTE (MSW) STREAM
Shall mean all solid waste generated at residential, commercial and institutional establishments within the Township of Upper.
NJDEP
Shall mean New Jersey Department of Environmental Protection.
OCCUPANT
Shall mean owner, tenant, lessee, caretaker, or any other person or persons in charge of or residing in a residential or commercial property. This term shall include natural persons, proprietorships, partnerships, corporations and joint ventures.
OWNER
See "Occupant."
PLASTIC CONTAINERS
Shall mean food and beverage containers and home health and beauty aid containers and plastics with the type 1 and 2 recycling symbols.
RECYCLABLE MATERIAL
Shall mean those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
RESIDENTIAL PROPERTIES
Shall mean any property or premises which does not meet the definition of commercial property or commercial premises or multi-family housing developments as defined herein.
RESIDENTIAL TRIMMINGS
Shall mean tree and bush trimmings and prunings from residential dwellings.
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.
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 purpose of recycling.
TOWNSHIP
Shall mean the Township of Upper.
TOWNSHIP COMMITTEE
Shall mean the governing body of the Township of Upper.
USED AUTO TIRES
Shall mean used automobile tires without metal wheels.
USED MOTOR OIL
Shall mean motor oil resulting from vehicle maintenance.
WHITE GOODS
Shall mean refrigerators, stoves, washers, dryers, freezers, air conditioners and dishwashers.
[Ord. #4-1995, § 2]
There is hereby established within the Township a program for the collection and disposal of recyclable materials. The collection of such material shall be from both residential and commercial properties and premises and multi-family housing developments.
[Ord. #4-1995 § 2; Ord. #013-2005 § 1; Ord. #010-2007 § 1; Ord. #005-2014]
a. 
Recycling materials, including commingled material, mixed paper and compostable materials, will be collected once a week excluding holidays on such days and at such times as are specified by the Township Committee pursuant to resolution.
b. 
White goods and junk metal will be collected at least once a month on such days and at such times as specified by the Township Committee by resolution.
c. 
Other items shall be collected as described in subsection 24-2.7 below.
[Ord. #4-1995, § 2; Ord. #010-2007, § 1]
a. 
The occupant of each property must comply with all of the provisions of this Chapter as well as any rules and regulations promulgated pursuant to this Chapter. This includes the owner or manager of each multi-family housing development.
b. 
In addition to any other penalty which is prescribed for a violation of this Chapter, the failure to comply with the provisions of this Chapter and the rules and regulations promulgated pursuant thereto, the recycling materials of any occupant of any residential or commercial property will not be collected unless and until the same is set out for collection in the manner prescribed.
c. 
For all activities that require municipal approval such as construction, demolition or public event permits, a solid waste compliance permit shall be obtained from the Recycling Coordinator or the Superintendent of Public Works. Said permit shall include the following:
1. 
Name and address of owner;
2. 
Name and contact information for contractor;
3. 
Scope of work being completed;
4. 
Before completion of work submit copies of receipts for disposal of construction debris and recyclable material included in subsection 24-2.7 below.
[Ord. #4-1995 § 2; Ord. #002-2005 § 1; Ord. #013-2005 § 1; Ord. #010-2007 § 1; Ord. #005-2014]
a. 
The occupant of each premises in the Township shall provide for the collection of recycling materials as follows:
1. 
Commingled material and mixed paper shall have weekly pickup in the same container.
(a) 
One ninety-six-gallon container will be assigned by serial number recorded by the Department of Public Works to each residential property and will remain the property of the Township of Upper.
(b) 
If occupant moves, the container assigned to that property must be left behind for the new occupant.
(c) 
Residents may trade in the ninety-six-gallon container for a smaller sixty-four-gallon container or thirty-five-gallon container upon review by the Department of Public Works based on the request by the resident stating that the ninety-six-gallon container is too large.
(d) 
Residents after following all recycling rules and regulations but still not having enough space in the ninety-six-gallon container may purchase a second container at a price set by the Township Committee.
(e) 
Containers needing repair: resident shall notify the Department of Public Works.
2. 
Motor Oil. Used motor oil shall be in a one gallon plastic container with a screw top lid. No other type container shall be used. Method of collection shall be set by the Township Committee.
3. 
Bagged Leaves, Grass Clippings. Bagged leaves, grass clippings, and small yard waste shall be placed in a paper compost bag, or in a metal or heavy duty plastic container. The container must have external handles, removable lid and shall be no smaller than 20 gallons nor larger than 40 gallons and shall weigh 50 pounds or less when loaded. Paper bags shall not be filled to a capacity so that it cannot be lifted and handled by a single member of the collection crew. Bags and/or containers shall be placed at the curb and collected at least once a month.
4. 
Loose Leaves. Loose leaves shall be collected as follows:
From April 1st to April 30th and from November 15th to December 31st.
The leaves may be raked to the curb or roadside only during such period and must be free of trash, debris, sticks and dirt. No collection of loose leaves will occur at any other time of the year.
5. 
Tree Trimming. Residential tree trimmings shall be placed at the curb with the large ends facing the street. The pile shall be neat and arranged in such a way as to facilitate handling. Tree trimmings shall not include stumps or the trunk of a tree. No tree trimmings from either lot clearing or tree removal will be collected and the occupant must arrange for the disposal of such either personally or by contracting with a private or commercial hauler. Such materials will be collected between January 1st to April 1st and May 1st to October 31st by set schedule, set forth by Township Committee. The Township may limit the amount of tree trimmings a resident may place at the curb by resolution of the Township Committee adopting such rule or regulation.
6. 
White Goods. White goods shall be placed at the curb or roadside on bulk trash collection day only. Doors must be removed from refrigerators and freezers prior to placing same at curbside for collection.
7. 
Metal Scrap. Metal scrap shall include metals such as copper, iron, sheet metal, aluminum, radiators, structural steel and metal pipe. Items shall be placed at the curb or roadside on bulk trash collection day only.
8. 
Auto Parts. All used and junk automobile, truck and boats and parts thereof shall not be collected. Disposal shall be the obligation of the owner and shall be delivered to a private sector market or junk yard.
9. 
Tires. Used auto tires shall be placed at the curb or roadside on bulk trash collection day only. Such tires shall only be collected if the tires were removed from an automobile registered to the resident at that address. Commercial use disposal shall be the obligation of the owner and shall be delivered to the Landfill or other NJDEP approved recycling facility which accepts this material for recycling.
10. 
Electronics. Shall include computer hardware, keyboards, modems, printers, scanners, fax machines, cathode ray tubes, flat panel displays, televisions, cell phones, VCR's, radios and telephones. Electronic items shall be placed to the curb or roadside on bulk trash collection day only.
11. 
Tree Stumps. Tree stumps shall not be collected. Disposal shall be the obligation of the owner and shall be delivered to the Landfill or other NJDEP approved recycling facility which accepts this material for recycling.
12. 
Christmas Trees. Christmas trees shall be collected curbside during the month of January. Trees shall be free of decorations, tree stands and plastic bags.
13. 
Wood Pallets and Crates. Items shall not be collected. Disposal shall be the obligation of the owner and shall be delivered to the Landfill or other NJDEP approved recycling facility which accepts this material for recycling.
14. 
Propane Tanks. Items shall not be collected. Disposal shall be the obligation of the owner and shall be delivered to the Landfill or other NJDEP approved recycling facility which accepts this material for recycling.
15. 
Antifreeze. Containers shall not be collected. Disposal shall be the obligation of the owner and shall be delivered to the Landfill or other NJDEP approved recycling facility which accepts this material for recycling.
16. 
Automobile Batteries. Shall include car and marine batteries and shall not be collected. Disposal shall be the obligation of the owner and shall be delivered to the Landfill or other NJDEP approved recycling facility which accepts this material for recycling.
17. 
Kerosene and #2 Heating Oil. Containers shall not be collected. Disposal shall be the obligation of the owner and shall be delivered to the Landfill or other NJDEP approved recycling facility which accepts this material for recycling.
18. 
Asphalt and Concrete. Material shall not be collected. Disposal shall be the obligation of the owner and shall be delivered to a NJDEP approved recycling facility which accepts this material for recycling.
19. 
Contaminated Soil. Material shall not be collected. Disposal shall be the obligation of the owner and shall be delivered to the Landfill or a NJDEP approved recycling facility which accepts this material for recycling.
20. 
Cooking Grease and Oil from Commercial Sources. Containers shall not be collected. Disposal shall be the obligation of the owner and shall be delivered to a NJDEP approved recycling facility which accepts this material for recycling.
21. 
Consumer Rechargeable NiCad and Small Sealed Lead Acid Batteries and Cell Phones. Items shall be collected at the following locations: Upper Township Municipal Building, Upper Township Community Center, Upper Township Public Works Yard, Upper Township Primary School, Upper Township Elementary School and the Upper Township Middle School.
22. 
Food Products from Commercial Sources. Items shall not be collected. Disposal shall be the obligation of the owner and shall be delivered to the Landfill or other NJDEP approved recycling facility which accepts this material for recycling.
23. 
Textiles. Clothes shall be collected at the following location: Upper Township Public Works Yard.
24. 
Hard Rigid Plastics. Items shall include plastic resin deck furniture, clean five gallon or larger buckets or barrels, children's play sets and toys and similar material. Items shall be placed to the curb or roadside on bulk trash collection day or taken to the Cape May County Municipal Utilities Transfer Station in Burleigh.
b. 
No items shall be placed at curbside for collection prior to 6:00 p.m. on the day immediately preceding the scheduled collection day.
c. 
Whenever this Chapter requires recyclable items to be placed at the curb, no person shall place recyclable materials at any location other than curbside at the property owned or occupied by such person.
[Ord. #4-1995 § 2; Ord. #002-2005 § 1; Ord. #013-2005 § 1; Ord. #010-2007 § 1; Ord. #005-2014; Ord. No. 014-2016]
a. 
The owner, operator or manager of any commercial or multi-family premises which generates commingled recyclable and mixed paper materials shall comply with the following:
1. 
Multi-family housing developments shall have a weekly pickup.
2. 
Facility shall provide a suitable central location on the premises for the storage of said materials.
3. 
Containers shall be determined by the Township Department of Public Works depending upon the type of facility and efficiency concerns. The Township shall provide one ninety-six-gallon container at no cost to the commercial properties. The storage area must be designed so as to allow Township collection crews easy access to said materials and to prevent said materials from being scattered by the elements.
4. 
The Township, in lieu of Township collection, reserves the right to reimburse the multi-family facilities for the reasonable cost of such collection by a private hauler as set-forth in subsection 24-1.11e.
b. 
Commercial properties or businesses that generate more than 96 gallons per week recycling shall either:
1. 
Contract with a private hauler to provide collection service. Said occupant shall provide the Township with a yearly statement of the amount of material recycled from said property in accordance with the rules regulations and procedures established by the NJDEP Office of Recycling and the Township. Such report shall be submitted to the Township of Upper or in the event of an audit by the NJDEP Office or Recycling; or
2. 
Purchase, from the Township at a cost set by Township Resolution, a 3CY recycling container provided by the Township. The Township will service this container for free. Any repair needed to the container would be the responsibility of the business owner as the container must be kept in good working order. The area for the container must be accessible to the truck, fenced and have a surface made of concrete or asphalt. This area must also be big enough to hold the container so it can be wheeled to the truck to be serviced.
c. 
In compliance with P.L. 1993, c.81, there shall be included in any new multi-family housing development that requires subdivision or site plan approval or any nonresidential development greater than 1,000 square feet an indoor or outdoor recycling area for the collection and storage of recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator, and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c.102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the Municipal Master Plan and Land Use Ordinances adopted by the Township.
d. 
Automobile and truck service facilities and marine and equipment service facilities shall submit an annual report regarding the amounts of material recycled by said facility. Materials include, but are not limited to, used motor oil, scrap metal, automobile batteries, anti-freeze and used tires. All materials recycled shall be recycled in accordance with procedures established by the NJDEP and the Township of Upper. The annual report shall be submitted to the Township Recycling Coordinator by February 15th for the preceding calendar year. Such report shall include the NJDEP waste oil hauler identification number. The occupant shall maintain records in said facility and shall produce same upon demand of the Recycling Coordinator of the Township of Upper or in the event of an audit by the NJDEP Office of Recycling.
e. 
All nonresidential facilities shall provide both litter and recycling receptacles at or near the entrance of the facility.
[Ord. #4-1995, § 2]
a. 
The only recycling materials that will be collected by the Township are those that have been designated by the NJDEP Office of Recycling, and/or the CMCMUA and the Township.
b. 
Except for such materials as designated in the preceding paragraphs, all other materials shall be disposed of as solid waste or otherwise in accordance with the rules and regulations of the NJDEP.
[Ord. #4-1995, § 2]
a. 
The Township Committee is authorized to adopt from by Resolution, rules and regulations for the efficient operation and management of the recycling program established herein.
[Ord. #4-1995, § 2; Ord. #013-2005, § 1]
a. 
This section shall be enforceable by any one or more of the following individuals:
1. 
Superintendent of Public Works;
2. 
Supervisor of Roads;
3. 
Recycling Coordinator of the Township of Upper;
4. 
Code Enforcement Official(s) of the Township of Upper;
5. 
Any inspector or other designated agent of the Cape May County Department of Health;
6. 
Any law enforcement officer of the State of New Jersey;
7. 
Sanitation Inspector.
[Ord. #4-1995, § 2]
a. 
Any person who shall violate any provision of this section, or any of the rules and regulations promulgated pursuant hereto, shall, upon conviction, be punished as follows:
1. 
For first offense by a fine of not less than $50 nor more than $250.
2. 
For a second or subsequent conviction, by a fine in a minimum amount of $100 and the maximum amount of $1,000 and/or a period of community service not to exceed 14 days and/or by incarceration for a period not to exceed 30 days, or any combination hereof.
3. 
Any person who is convicted of violating this section within one year of the date of a previous violation of this Chapter and who was fined for the previous violation, shall be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed by the Court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the Chapter but shall be calculated separately from the fine imposed for the violation.
Each and every successive period of 24 hours or any fraction thereof that such violation continues shall be deemed a separate and distinct offense and shall be punishable accordingly.
[Ord. #1-1988, § 1; Ord. #4-1995, § 3]
The governing body of the Township finds and determines that the proposal of the Cape May County Municipal Utilities Authority as contained in its letter dated October 31, 1987, which was endorsed by the Township with certain modifications in Resolution No. 84-1987 which proposal with modifications was thereafter ratified by the Cape May County Municipal Utilities Authority on November 18, 1987 through the adoption of Resolution No. 258-87 should be implemented for the following reasons:
a. 
The program will help to reduce the level of illegal dumping of certain solid waste within the Township.
b. 
The program will increase the convenience and flexibility of Township waste disposal service.
c. 
The program will reduce the rapid growth in the quantity and cost of Township supported waste collection services.
d. 
The program will reduce the direct cost of solid waste disposal services for participating Township residents.
e. 
The implementation of such a program is in the public interest and will promote public health, safety and welfare.
[Ord. #1-1988, § 2; Ord. #4-1995, § 3]
a. 
There is hereby established within the Township a special program to provide for the no-cost disposal of small quantities of certain residential solid waste generated within the Township (hereinafter "the program") and delivered directly by the generator to the Cape May County Municipal Utilities Authority (CMCMUA) Sanitary Land Fill. The Township will pay the CMCMUA the established user fees applicable for the disposal of all such solid waste from Township generators.
b. 
The program shall commence on February 1, 1988, or as soon thereafter as may be practical. If such program is delayed in its implementation beyond February 1, 1988, the Township Committee shall adopt an appropriate resolution deferring the commencement date and establishing a new commencement date. A certified copy of such resolution shall be filed by the Township Clerk with the CMCMUA.
c. 
The program shall remain in existence thereafter consistent with Resolutions 84-1987 and 258-87 which resolutions have been adopted by the Township and the CMCMUA respectively and the contract between such parties which has been executed or which is intended to be executed pursuant to the interlocal services agreement authorized by subsection 2-8.5 of this Code. Notwithstanding the foregoing, the Township and the CMCMUA have each reserved the right to terminate this program upon the giving of 30 days' notice to the other party.
[Ord. #1-1988, § 3; Ord. #4-1995, § 3; Ord. #001-2010, § 1]
The program described in this section shall be limited to residential use by residents of the Township. The Township Committee by resolution shall adopt rules and regulations controlling participating in such program. Any amendment to the rules and regulations as well as any additional rules and regulations shall also be adopted by resolution of the Township Committee. A certified copy of any such resolution shall be filed with the CMCMUA.
[Ord. #1-1988, § 4; Ord. #4-1995, § 3]
Any participant in this program who violates the rules and regulations established for participation in the program by either the Township or the CMCMUA shall be prohibited from further participation in the program. Such participant shall be notified by the Township Clerk, by certified mail and by first class mail, that his participation in the program has been revoked and that such individual shall no longer be permitted to dispose of solid waste at the CMCMUA's Sanitary Landfill pursuant to this program. The Township will also provide a list of such revoked permits in writing on a monthly basis to the CMCMUA. The Township shall assume no liability for payment of any charges incurred by any such individual who has been prohibited from further participation in the program once the Township has provided written notice to the CMCMUA that such participant's permit has been revoked.
[Ord. #1-1988, § 5; Ord. #4-1995, § 3]
To provide for payment by Upper Township of the appropriate user charges incurred for the solid waste received under this Township-sponsored program, the CMCMUA has represented that it will create an additional Upper Township disposal account entitled "Upper Township Convenience Account" to which all tipping fees incurred by program participants will be charged. The Township is authorized to pay all such charges upon presentation of a statement to the Township by the CMCMUA. The CMCMUA will provide a monthly statement to the Township of all charges levied against this special account during the previous month. This statement will include a list, by permit number, of all vehicle/loads charged to the account, the date of each transaction, the type and weight of refuse delivered, and the total dollar amount charged for each load. Consistent with the requirement of Resolution No. 258-87 adopted by the MCMUA, the Township hereby guarantees to pay all such charges made against the Township's convenience account as disclosed on monthly statements provided to the Township by the CMCMUA.
[Ord. #1-1988, § 6; Ord. #4-1995, § 3]
The Township will monitor the types and quantities of waste disposed of by each permit holder and, if necessary, seek reimbursement of any charges incurred directly from any permit holder who exceeds the monthly quantity/frequency limits set by the Township. The CMCMUA will not be required to perform this on-going monitoring enforcement service.
[Ord. #1-1988, § 7; Ord. #4-1995, § 3]
The Township as well as all participants in this program shall, at all times, comply with the rules and procedures governing the public use of CMCMUA solid waste disposal facilities as set forth in the CMCMUA user fees, terms and conditions document as adopted annually by the CMCMUA.
[Ord. #4-2001, § 1]
Any permit holder who disposes of solid waste in excess of the monthly limitation established by this section and who is billed for any excess usage shall pay the amount claimed by the Township immediately upon presentation of an invoice. Any amount which is not paid within 30 days of the date of the invoice shall thereafter be subject to a finance charge of 2% per month, for an annual percentage rate of 24%. In addition thereto, in the event that it should become necessary for the Township to refer any delinquent account to an attorney or a collection agency, the permit holder shall, in addition to all sums due the Township, be further responsible for payment of all collection expenses, including reasonable attorney's fees, plus interest from the date of default to the date of payment, plus allowable statutory costs and fees. Each existing permit holder shall sign an agreement setting forth the terms contained in this section by July 1, 2001 or upon renewal of the permit if the same occurs prior thereto. The failure of any permit holder to agree to these terms and conditions shall be cause for the immediate termination of the permit.
[Ord. #002-2005, § 1; Ord. #023-2009, § 2]
a. 
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.
b. 
LITTER - Shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
c. 
LITTER RECEPTACLE - Shall mean a container suitable for the depositing of litter.
d. 
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 Township of Upper or other public body, and is designed and used for collecting and conveying stormwater.
e. 
PERSON - Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
f. 
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.
g. 
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.
h. 
WATERS OF THE STATE - Shall mean the ocean and the estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. #4-1988, §§ 1-2; Ord. #4-1995, § 4; Ord. #002-2005, § 1; Ord. #023-2009, § 2]
a. 
The use or maintenance of any waste disposal area within the Township other than those areas, if any, officially established by New Jersey Department of Environmental Protection permit or officially designated by the Township shall constitute a detriment to the public health and a nuisance.
b. 
No person whether acting as contractor, agent, employee, collector or owners shall dump, deposit or dispose of any garbage, animal matter, refuse, rubbish, debris, salvage or waste material in or upon any lands anywhere within the Township other than the designated and permitted areas. Nothing in this paragraph shall be construed to hinder, impede or prevent the ordinary and normal activities of a farm operation.
c. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter or any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
d. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
e. 
Improper Disposal of Waste. With respect to the spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Township of Upper, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply, the following shall apply:
1. 
Prohibited Conduct.
(a) 
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Township of Upper is prohibited.
(b) 
The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
2. 
Exceptions to Prohibition.
(a) 
Water line flushing and discharges from potable water sources.
(b) 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
(c) 
Air conditioning condensate (excluding contact and non-contact cooling water).
(d) 
Irrigation water (including landscape and lawn watering runoff).
(e) 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
(f) 
Residential car washing water, and residential swimming pool discharges.
(g) 
Sidewalk, driveway and street wash water.
(h) 
Flows from fire fighting activities.
(i) 
Flows from rinsing of the following equipment with clean water:
(1) 
Beach maintenance equipment immediately following their use for their intended purposes; and
(2) 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment is limited to exterior, undercarriage and exposed parts and does not apply to engines or other enclosed machinery.
f. 
Improper Spilling or Leaking from Dumpsters. The purpose of this provision is to prevent the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from refuse containers to the municipal separate storm sewer system(s) operated by the Township of Upper and/or the waters of the State so as to protect public health, safety and welfare.
1. 
Prohibited Conduct.
(a) 
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.
(b) 
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(s) operated by the Township of Upper.
2. 
Exceptions to Prohibition.
(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. #4-1988, §§ 3-4; Ord. #16-1990, § 1; Ord. #4-1995, § 1; Ord. #006-2004, § 1; Ord. #002-2005, § 1]
a. 
Any person who shall violate any provision of this section shall, upon conviction, be subject to a penalty involving one or more of the following (a) a fine in the minimum amount of $500 and in the maximum amount of $1,000, plus the cost of clean-up and proper disposal in an approved landfill of the material illegally disposed of; or (b) imprisonment for a term not exceeding 90 days; or (c) by a period of community service not exceeding 90 days; or (d) any combination of (a), (b) or (c) above.
Every day upon which a violation of this section shall continue to exist shall be deemed a separate and distinct offense.
b. 
Any person who is convicted of violating this section within one year of the date of a previous violation of the same section and who was fined for the previous violation, shall be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed by the Court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the section, but shall be calculated separately from the fine imposed for the violation of the section.
c. 
Any person or persons assisting in the conviction of a violator of this section, either through the signing of a complaint, the giving of testimony in Court, or other significant assistance of the enforcement authorities thereof, or who testifies in Court in an action against an alleged violation of this section, resulting in conviction, shall receive a reward of $250, provided, however, that the maximum reward that shall be payable by the Township as a result of any one occurrence shall be limited to a maximum of $1,000. The Township Committee is authorized to adopt rules and regulations for the payment of such rewards and to determine criteria and standards of eligibility by resolution.
[Ord. #002-2005, § 1]
This section shall be enforced by those officials listed in subsection 24-1.14 of this chapter.