[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:
Shall mean large household items including furniture, rugs,
carpets, mattresses, box springs, televisions and other dry, bulking
household waste.
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.
Shall mean Cape May County Municipal Utilities Authority.
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.
See "Debris."
Shall mean an automated collection cart provided by the Township
of Upper unless the context indicates otherwise.
Shall mean the County of Cape May.
Shall mean building materials, concrete, bricks, lumber,
scrap wood and other like material.
Shall mean putrescible animal, fish, fowl, fruit or vegetable
waste incident to and resulting from the use, preparation, cooking
and consumption of food.
Shall mean the Township Committee of the Township of Upper.
Shall mean a person or firm engaged in the collection and
disposal of solid waste and registered with or licensed by NJDEP.
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.
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.
Shall mean New Jersey Department of Environmental Protection.
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.
See "Occupant."
See "Hauler."
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.
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.
Shall mean the Township of Upper.
Shall mean the governing body of the Township of Upper.
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.
[Ord. #4-1995 § 1; Ord. #005-2014]
[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]
[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]
[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:
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.
Shall mean Cape May County Municipal Utilities Authority.
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.
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.
Shall mean leaves, grass clippings, yard debris which is
free of plastic bags including biodegradable plastic bags which is
generated at a residential property.
Shall mean an automated collection container provided by
the Township of Upper unless the context indicates otherwise.
Shall mean County of Cape May.
Shall mean all containers made from silica or sand, soda
ash and limestone used for packaging or bottling of various foods
and beverages.
Shall mean The Township Committee of the Township of Upper.
Shall mean the Cape May County Municipal Utilities Authority
Sanitary Landfill.
Shall mean clean leaves free of brush, branches, trash, dirt
and debris.
Shall mean all metal cans including tin, bi-metal, and aluminum.
Shall mean metal cabinets, bicycles, metal furniture and
similar materials.
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.
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.
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.
Shall mean all solid waste generated at residential, commercial
and institutional establishments within the Township of Upper.
Shall mean New Jersey Department of Environmental Protection.
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.
See "Occupant."
Shall mean food and beverage containers and home health and
beauty aid containers and plastics with the type 1 and 2 recycling
symbols.
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.
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.
Shall mean tree and bush trimmings and prunings from residential
dwellings.
Shall mean recyclable materials which are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
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.
Shall mean the Township of Upper.
Shall mean the governing body of the Township of Upper.
Shall mean used automobile tires without metal wheels.
Shall mean motor oil resulting from vehicle maintenance.
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.
[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:
[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 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.
[Amended 4-12-2021 by Ord. No. 007-2021]
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.
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; amended 11-13-2023 by Ord. No. 016-2023]
a.
For any violation of this section, in accordance with N.J.S.A. 40:49-5,
the maximum penalty upon conviction of a violation, shall be a fine
not exceeding $10,000, with a minimum of not less than $2,500, plus
the cost of clean-up and proper disposal in an approved landfill of
the material illegally disposed of and/or imprisonment for a term
not exceeding 90 days or by a period of community service not exceeding
90 days at the discretion of the Township Municipal Court Judge.
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, resulting in conviction, shall receive a reward
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.
