[HISTORY: Adopted by the Township Council of the Township
of Montclair as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-18-2019 by Ord. No. O-19-022]
The following definitions apply to this chapter:
Recyclable paper carry-out bags and reusable bags.
A recyclable paper carry-out bag is a paper bag that meets all
of the following requirements:
A reusable bag is a bag made of cloth or other washable fabric
with handles that are specifically designed and manufactured for multiple
reuse and meets all of the following additional requirements:
It has a minimum lifetime of 125 uses; and
It can carry a minimum of 22 pounds; and
It is machine-washable or is made from a material that can be
cleaned or disinfected; and
It does not contain lead, cadmium, or any other heavy metal
in toxic amounts, as defined by applicable state and federal standards
and regulations; and
If made of plastic, it is a minimum of at least 2.25 mils thick.
Any person purchasing goods or services from a high volume
retail establishment. A high volume retail establishment is a retail
establishment defined below that meets one of the following criteria:
Retail establishments that have a retail space of 20,000 square
feet or larger (excluding storage space) or have at least three locations
under the same name within the Township of Montclair that total 20,000
square feet or more.
Retail pharmacies with at least two locations under the same
ownership within the Township of Montclair.
Full-line, self-service supermarkets that had annual gross sales
in excess of $1,000,000 during the previous tax year which sell a
line of dry groceries, canned goods, or nonfood items and some perishable
items.
The person in control of, or having the responsibility for,
the operation of a high volume retail establishment, which may include,
but is not limited to, the owner of the high volume retail establishment.
Any natural person, firm, corporation, partnership, or other
organization or group, however organized.
A bag constructed of a material that would otherwise be destined
for solid waste disposal, having completed its intended end use and
product life cycle. "Post-consumer recycled material" does not include
materials and by-products generated from, and commonly reused within,
an original manufacturing and fabrication process.
A very thin bag without handles used exclusively to carry
produce, meats, or other food items to the point of sale inside a
high volume retail establishment or, for reasons of public health
and safety, to prevent such food items from coming into direct contact
with other purchased items.
Material that can be sorted, cleansed, and reconstituted
using available recycling collection programs for the purpose of reusing
the altered, incinerated, converted, or otherwise thermally destroyed
solid waste generated therefrom.
Any store or commercial establishment that sells perishable
or nonperishable goods, including, but not limited to, clothing, food,
and personal items, directly to the customer and is located within
or doing business within the geographical limits of the Township of
Montclair, Retail establishments include: a business establishment
that generates a sales or use tax; a drug store, pharmacy, supermarket,
grocery store, convenience food store, food mart, or other commercial
entity engaged in the retail sale of a limited line of goods that
include milk, bread, soda, and snack foods; a public eating establishment
(i.e., a restaurant, take-out food establishment, or any other business
that prepares and sells prepared food to be eaten on or off its premises);
and a business establishment that sells clothing, hardware, or any
other nonperishable goods. "Retail establishment" does not include
nonprofit charitable reusers as defined in § 501(c)(3) of
the Internal Revenue Code of 1986, or a distinct operating unit or
division of the charitable organization that reuses and recycles donated
goods or materials and receives more than 50% of its revenues from
the handling and sale of those donated goods or materials.
Any bag made predominantly of plastic derived from either
petroleum or a biologically based source, such as corn or other plant
sources, that is provided by an operator of a high volume retail establishment
to a customer at the point of sale. The term includes compostable
and biodegradable bags but does not include reusable bags, produce
bags, or product bags. This definition specifically exempts the following
from the category of "single-use plastic carry-out bag":
Bags provided by operators and used by consumers inside high
volume retail establishments to:
Package bulk items, such as fruit, vegetables, nuts, grains,
candies, or small hardware items;
Contain or wrap frozen foods, meat, or fish, whether packaged
or not;
Contain or wrap flowers, potted plants, or other items where
dampness may be an issue;
Contain unwrapped prepared foods or bakery goods; or
Pharmacy prescription bags.
Newspaper bags, door-hanger bags, laundry and/or dry-cleaning
bags, or bags sold in packages containing multiple bags intended for
use as food storage bags, garbage bags, yard waste bags, or pet waste
bags.
No high volume retail establishment shall provide to any customer a single-use plastic carry-out bag, as defined in § 134-1 above. This prohibition applies to bags provided for the purpose of carrying goods away from the point of sale and does not apply to product bags or to produce bags used to carry produce within the high volume retail establishment to the point of sale. The prohibition applies to single-use plastic carry-out bags used for take-out deliveries from high volume retail establishments within the Township of Montclair. The point of sale in such transactions is deemed to be at the high volume retail establishment, regardless of where payment for the transaction physically occurs.
A.
All high volume retail establishments may make available to customers,
for a fee, compliant bags, as defined herein, for the purpose of carrying
goods or other materials away from the point of sale, subject to the
provisions of this chapter. The fee charged shall be reflected in
the sales receipt.
B.
Nothing in this chapter prohibits customers from using bags of any
type that they choose to bring to high volume retail establishments
themselves, in lieu of using bags available for a fee from the high
volume retail establishment, or from carrying away goods that are
not placed in a bag. A high volume retail establishment may choose,
in its discretion, to provide a credit to customers that choose to
bring their own bags.
A.
The Manager may approve a request for an exemption or a deferral
of the application and enforcement of this chapter by any operator
of a high volume retail establishment, with or without conditions,
upon a showing of substantial hardship or other good cause Exemptions
should only be granted in unusual circumstances outside the regular
course of business. Deferrals should be granted only for the minimum
time necessary to accommodate the reason for the deferral.
B.
Exemption and deferral decisions are effective upon approval and
are final, and are not appealable, except as otherwise provided for
by law.
C.
The fee for exemption and deferral requests is $100.
A.
The Division of Code Enforcement shall be responsible for enforcement
of this chapter and may promulgate reasonable rules and regulations
in furtherance thereof. Any rules and regulations so promulgated shall
be filed with and available from the Township Clerk.
B.
Any high volume retail establishment that violates or fails to comply
with any of the requirements of this chapter after a written warning
notice has been issued for that violation shall be subject to penalty.
C.
Violations of this chapter after the issuance of written warning
notice of a violation shall be subject to the following penalties
payable by the operator of the high volume retail establishment:
(1)
A fine not exceeding $100 for the first violation after the written
warning notice is given;
(2)
A fine not exceeding $200 for the second violation after the written
warning notice is given;
(3)
A fine not exceeding $500 for the third and any subsequent violations
after the written warning notice is given.
D.
Each day a violation occurs or continues constitutes a separate violation.
[Adopted 1-30-2024 by Ord. No. O-23-38]
The purpose of this article is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater. This article
establishes requirements for the storage of salt and other solid de-icing
materials on properties not owned or operated by the municipality
(privately owned), including residences, in the Township of Montclair
to protect the environment, public health, safety and welfare, and
to prescribe penalties for failure to comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When consistent 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.
Any granular or solid material, such as melting salt or any
other granular solid, that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the accessway from wind-driven rainfall). A fabric frame structure
is a permanent structure if it meets the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run-through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open-sided; and
The structure shall have a roll-up door or other means of sealing
the accessway from wind-driven rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A person who resides on a residential property where de-icing
material is stored.
The point of entry into the storm sewer system.
A.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15 and April 15:
(1)
Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
(2)
Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
(3)
Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
(4)
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
[1]
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used.
(5)
Containers must be sealed when not in use; and
(6)
The site shall be free of all de-icing materials between April 16
and October 14.
B.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 through April 15.
C.
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this article are met. Inspection records shall be kept on site
and made available to the municipality upon request.
(1)
Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
A.
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
B.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in § 134-10 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
C.
This article does not apply to facilities where the stormwater discharges
from de-icing material storage activities are regulated under another
NJPDES permit.
This article shall be enforced by the Division of Code Enforcement
during the course of ordinary enforcement duties.
Any person(s) who is found to be in violation of the provisions
of this article shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
result in fines as follows:
A.
A fine not exceeding $100 for the first violation after the written
warning of notice is given;
B.
A fine not exceeding $200 for the second violation after the written
warning notice is given;
C.
A fine not exceeding $500 for the third and any subsequent violations
after the written warning notice is given.
D.
Each day a violation occurs or continues constitutes a separate violation.
Each section, subsection, sentence, clause, and phrase of this
article is declared to be an independent section, subsection, sentence,
clause, and phrase, and finding or holding of any such portion of
this article to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this article.
This article shall be in full force and effect from and after
its adoption and any publication as may be required by law.
