[HISTORY: Adopted by the Borough Council of the Borough of
Netcong 6-8-2023 by Ord. No. 2023-9. Amendments noted where applicable.]
A.
A municipal Solid Waste and Recycling Utility (hereinafter "Utility")
is hereby established by the Borough of Netcong.
B.
The Utility is created to transact and administer the collection
and disposal of solid waste and recycling materials within the Borough
of Netcong.
C.
The Utility shall be operated by the Borough Council of the Borough
of Netcong and its assigned designee(s).
D.
The Utility shall be a publicly owned municipal utility that, for
accounting and management purposes, is a separate instrumentality
of the Borough of Netcong, having separate accounts, budget, property,
borrowing capacity and ability to contract.
As used in this chapter, the following terms shall have the
meanings indicated:
Nonresidential Generating Unit.
Each commercial, industrial, institutional or other nonresidential
establishment within the Borough of Netcong.
Each separate structural unit in which an individual or family
resides, whether a single-family dwelling, condominium unit, cooperative
unit, or multifamily apartment unit.
Each residential dwelling unit within the Borough of Netcong.
Shall mean "residential generating unit."
The Utility shall be empowered to:
A.
Contract for the collection and disposal of solid waste and recyclable
materials.
B.
Operate and such vehicles and facilities necessary for the Utility's
operation.
C.
Establish and collect fees from RGUs and NGUs for the administration,
collection and disposal of solid waste and recycling materials within
the Borough of Netcong.
D.
Establish and enforce liens and charge interest against RGUs and
NGUs for delinquent remittance of fees.
E.
Undertake all necessary and proper actions required to operate the
Utility.
F.
Establish a Solid Waste and Recycling Utility Fund and adopt an annual
budget that may contain a reserve account, which shall not exceed
5% of the prior year's collection, disposal and administrative
expenses.
The costs associated with the collection and disposal of solid
waste and recycling, plus uniform fixed fees that are established
from time to time, shall be collected from RGUs and NGUs. The funds
so collected shall be paid into the dedicated Solid Waste Utility
Fund of the Borough of Netcong.
There is hereby established a solid waste service charge to
be imposed annually upon the owners of those RGUs and NGUs for which
solid waste and recycling collection and disposal service are made
available by the Utility. The solid waste service charge for each
RGU shall be computed by dividing the approved annual budget of the
Utility for residential solid waste and recycling collection and disposal
by the number of RGUs to which service will be made available by the
Utility. The solid waste service charge for each NGU shall be computed
by dividing the approved annual budget of the Utility for nonresidential
solid waste and recycling collection and disposal by the total number
of cubic yards of nonresidential solid waste and recycling generated
and applying that rate for each cubic yard of solid waste and recycling
allocated to an NGU.
The Solid Waste and Recycling Utility shall prepare bills setting
forth the annual solid waste charges and transmit them in January
of each year to the owners of RGUs and NGUs through the U.S. Postal
Service. Bills that are not delivered by the U.S. Postal Service shall,
nevertheless, remain due and owing. The payment or nonpayment of utility
bills is the responsibility of the property owner and shall constitute
a lien against the property serviced by the Utility. The annual service
charges shall be due in installments on March 1, June 1, September
1 and December 1 each year. All payments of service charges are due
by the due date on the bill. In the event that the bill is not paid
within 10 days of its due date ("grace period"), the account shall
be subject to an 8% late charge, which shall be added to the amount
of the bill and collected as additional charges.
Remittance of service charges shall be payable to the Netcong
Borough Solid Waste and Recycling Utility. The Utility shall have
the same remedies for the collection of delinquent payments, inclusive
of penalties, interest and costs, as authorized for the collection
of taxes upon real estate. In the event that a bill remains unpaid
for 30 days or more after the due date of such bill, the Utility shall
comply with the following procedure:
A.
A delinquent notice shall be sent to the account stating that service
the bill remains unpaid for 30 days. This notice shall be deemed satisfactory
if sent to the physical address of the owner of the RGU or NGU as
reflected on the tax duplicate maintained by the Borough Tax Collector.
B.
If the account remains delinquent for more than 90 days, an authorized
employee of the Utility shall certify the amount of the delinquency
to the Borough of Netcong Tax Collector, who shall include and enforce
the certified amount as a lien upon the real property in the same
manner of ad valorem taxes and as provided by N.J.S.A. 40:66-12.
An NGU or a multifamily apartment facility, condominium association,
cooperative or horizontal property regime association having more
than 10 dwelling units may opt out of receiving Utility services by
providing written notice to the Utility on or before January 10 of
each year. Such notice shall include proof of a valid contract with
a licensed solid waste collector. Copy E
