[Repealed and replaced 3-11-2024 by Ord. No. 2024-2. History includes 1975
Code § 3-4.1 — § 3-4.10; Ord. No. 11-88; Ord. No.
11-92; Ord. No. 16-92; Ord. No. 3-93; Ord. No. 1-94; Ord. No. 3-94; Ord. No. 11-95; Ord. No. 7-96; Ord. No.
7-00; Ord. No. 10-01; Ord. No. 2-2006; Ord. No. 6-06; Ord. No. 6-08; Ord. No. 8-10; Ord. No. 1-12; Ord. No.
15-148-22-2022 by Ord. No. 2022-5]
[Added 3-11-2024 by Ord. No. 2024-2]
[Added 3-11-2024 by Ord. No. 2024-2]
As used in this section, the following terms shall have the
meanings indicated:
Only all residue from coal or wood burning, and shall not
include any garbage, refuse or other waste.
The entire carcass of the animal, such as but not limited
to a dog, a cat, a rat, a skunk or an opossum, but shall not include
any portion of the body of any animal, fowl, or fish normally removed
and discarded in the preparation of such animal, fowl, or fish for
human consumption.
All animal or vegetable waste which, due to its animal or
vegetable content, may decompose, cause odor or attract flies or other
insects.
All other material not described in the definitions of this
section as "garbage" or "ashes."
All garbage, refuse, and other discarded materials resulting
from industrial, commercial, and agricultural operations and from
domestic and community activities, and shall include all other waste
materials, including liquids, except for solid animal and vegetable
wastes collected by swine producers licensed by the State Department
of Agriculture to collect, prepare, and feed such wastes to swine
on their own farms.
[Added 3-11-2024 by Ord. No. 2024-2]
a.
Containers for garbage shall be made of galvanized iron or plastic.
They shall be equipped with a properly fitting cover and be watertight.
Containers shall have a capacity not in excess of 32 gallons and,
when filled, shall not exceed 50 pounds in weight. Drums of any type
shall not be used for garbage, even if fitted with lids and handles.
b.
Solid waste collection shall be limited to curbside collection along
public streets or roads that have been dedicated to and accepted by
the Borough. The Department of Public Works shall not enter upon private
property to remove solid waste from dumpsters or other containers.
c.
The Borough Council is hereby authorized and directed to establish
and promulgate reasonable regulations detailing the manner, days and
times for the collection of solid waste as are required to implement
this section.
d.
An automated refuse container can be obtained from the Department
of Public Works. A second automated refuse container may be purchased
at the following rate: $65 for a large container and $55 for a small
container.
[Added 3-11-2024 by Ord. No. 2024-2]
Plastic bags for garbage may be used, provided that such bags are securely fastened at the top and fit containers as defined in Subsection 16-1.2. Plastic bags for other than garbage use shall be securely fastened at the top, shall not weigh more than 50 pounds and shall not contain broken glass or sharp objects, unless such objects are wrapped in such a manner as to prevent piercing the plastic.
[Added 3-11-2024 by Ord. No. 2024-2]
Ashes shall be placed in metal containers only.
[Added 3-11-2024 by Ord. No. 2024-2]
Rags, cloth, or other combustible material not placed in a garbage container of a type described in Subsection 16-1.2 or 16-1.3 hereof shall be packages or wrapped and tiled securely to prevent scattering and to facilitate handling. Rags, cloth, or other combustible material shall be protected against wetness to keep weights at a minimum.
[Added 3-11-2024 by Ord. No. 2024-2]
Mattresses shall be collected on scheduled bulk days and/or
when scheduled after a request is called in to the Department of Public
Works. The mattresses shall not be placed at the curb earlier than
the night before the pickup is scheduled to be made. Mattresses shall
be in an appropriate mattress bag, and/or wrapped in plastic so as
to protect the handler from direct contact with the mattress.
[Added 3-11-2024 by Ord. No. 2024-2]
Hedge or shrubbery clippings, tree clippings, tree trimmings
and garden refuse will be accepted if securely tied in bundles not
exceeding 48 inches in length and 24 inches in diameter. Leaves, grass
cuttings and weeds will be accepted for collection if placed in plastic
bags of the type hereinabove mentioned or in securely tied burlap
bags, if protected from wetness.
[Added 3-11-2024 by Ord. No. 2024-2]
a.
Household appliances (refrigerators, washers, ranges, dishwashers,
water heaters, sinks and televisions) shall be collected when scheduled
after a request is called in to the Department of Public Works. The
appliances shall not be placed at the curb earlier than the night
before the pickup is scheduled to be made. Appliances that weigh over
250 pounds will not be picked up.
[Added 3-11-2024 by Ord. No. 2024-2]
No person shall place with any garbage, ashes, refuse or other material placed for collection with the Department of Public Works any dead animal or human excrement, except that soiled disposable diapers and animal excrements may be collected when placed in a container of types mentioned in Subsections 16-1.2 and 16-1.3 hereof.
[Added 3-11-2024 by Ord. No. 2024-2]
[Added 3-11-2024 by Ord. No. 2024-2]
No person shall place on the curb, as herein elsewhere required,
or anywhere else for collection any explosive or flammable materials,
such as but not limited to benzine, gasoline, petroleum, explosive
powder, nitrocellulose film or unbroken fluorescent tubes or discarded
cathode ray tubes.
[Added 3-11-2024 by Ord. No. 2024-2]
No person shall place at the curb or anywhere else the contents
of a residential dwelling for collection at the time of an entire
cleanout of the dwelling unless and until a fee of $250 is paid to
the Borough of South Toms River and arrangements are made with the
Department of Public Works for such collection. The quantity of solid
waste disposed of will guide the Public Works Superintendent in his
or her determination.
[Added 3-11-2024 by Ord. No. 2024-2]
[Added 3-11-2024 by Ord. No. 2024-2]
a.
No solid waste shall be collected from any multifamily use, manufacturing,
commercial, office or other business establishment.
b.
For purpose of this section, a "multifamily use" shall be any use
consisting of four or more residential units located on a single lot
or a combination of two or more contiguous lots in common ownership.
[Added 3-11-2024 by Ord. No. 2024-2]
All solid waste set or placed for collection shall be placed
as near as possible on or along the curbline of the nearest street
or road that has been dedicated to and accepted by the municipality
in such manner so that they will not become overturned and shall not
be set or placed or permitted to be located in any gutter, road or
on any walk, sidewalk or public throughfare so as to interfere with
public travel. All solid waste shall be placed at the curb not earlier
than 4:00 p.m. on the day preceding a scheduled pickup. All solid
waste containers shall be removed from curbside the same day as the
scheduled pickup.
[Added 3-11-2024 by Ord. No. 2024-2]
No refuse, grass clippings, hedges, hedge clippings, shrubbery clippings, tree branches, tree cuttings or other similar materials shall be placed, pushed, raked or swept in or onto any public walk, sidewalk, gutter, road, roadway or public thoroughfare. Such shall be in containers, tied, packaged or bundled for collection, and set or placed for collection as specified Subsection 16-1.7 of this section or placed in containers of the types described in Subsections 16-1.2 and 16-1.3.
[Added 3-11-2024 by Ord. No. 2024-2]
Hazardous waste, as defined under any New Jersey Statute or
any rules or regulations promulgated by any agency of the State of
New Jersey, in any form or in any container shall not be collected.
These wastes must be handled under the direction of the Department
of Environmental Protection and in accordance with its rules and regulations
and State and Federal laws.
[Added 3-11-2024 by Ord. No. 2024-2]
a.
Any person, partnership, corporation or other entity who violates any provision of this section other than Subsection 16-1.10, shall be subject to one or more of the following penalties: no more than $1,000 or imprisonment in the Ocean County Jail not exceeding 90 days or a period of community service not exceeding 90 days.
b.
Notwithstanding the provisions of paragraph a of this section, the Borough of South Toms River is authorized to take all necessary legal action, including the filing of a lawsuit, against any persons convicted of violations of any provisions of Subsection 16-1.10 to recoup any costs incurred by the Borough of South Toms River as a result of the violations.
[Added 3-11-2024 by Ord. No. 2024-2]
[Added 3-11-2024 by Ord. No. 2024-2]
As used in this section, the following terms shall have the
meanings indicated:
Those materials designated within the Ocean County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials includes:
COMMINGLEDAll plastic bottles; aluminum and steel cans.
PAPERMagazines, catalogues, junk mail, used writing paper, newsprint, cardboard, office and school paper. No chipboard or pizza boxes.
A computer central processing unit and associated hardware
including keyboards, modem, printers, scanners and fax machines; a
cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measure diagonally and that contains one or more circuit
boards, including a television, and cell phones.
Any building or structure, or complex of buildings in which
three or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (see N.J.S.A.
13:1E-99.13a) and shall include hotels, motels, or other guest houses
serving transient or seasonal guests as those terms are defined under
subsection (j) of section 3 of the "Hotel and Multiple Dwelling Law,"
P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this section, and any rules and regulations which may
be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Borough
of South Toms River.
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.
The combination of commingled and paper listed above in one
container. Do not include plastic bags, food waste, paper towels,
paper napkins, pizza boxes, egg cartons, aluminum foil, plastic cups
and utensils. No plastic other than bottles. No juice boxes or bags.
No garbage.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
[Added 3-11-2024 by Ord. No. 2024-2]
a.
Mandatory Source Separation. It shall be mandatory for all persons
who are owners, tenants, or occupants of residential and nonresidential
premises, which shall include but not be limited to retail and other
commercial locations, as well as government, schools and other institutional
locations within the Borough of South Toms River, to separate designated
recyclable materials from all solid waste. Designated recyclable materials
shall be deposited separate and apart from other solid waste generated
by the owners, tenants, or occupants of such premises and shall be
placed separately at the curb in a manner and on such days and times
as may be hereinafter established by regulations promulgated by the
Borough of South Toms River.
b.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body
of the Borough of South Toms River may exempt persons occupying commercial
or institutional premises within its municipal boundaries from the
source separation requirements of the section which requires persons
generating municipal solid waste within its municipal boundaries to
source separate from the municipal solid waste stream, the specified
recyclable materials if those persons have otherwise provided for
the recycling of all designated recyclable materials. To be eligible
for an exemption pursuant to this section, a commercial or institutional
generator of solid waste shall file an application for exemption with
the Municipal Recycling Coordinator on forms to be provided for this
purpose. The form shall include, at a minimum, the following information:
the name of the commercial or institutional entity; the street address
location and lot and block designation; the name, official title and
phone number of the person making application on behalf of the commercial
or institutional entity; the name, address, official contact person
and telephone number of the facility which provides the service of
recycling those designated recyclable materials, and a certification
that the designated recyclable materials will be recycled, and that,
at least on an annual basis, said recycling service provider or commercial/institutional
generator shall provide written documentation to the Municipal Recycling
Coordinator of the total number of tons collected and recycled for
each designated material.
[Added 3-11-2024 by Ord. No. 2024-2]
The collection of recyclable material shall be in the manner
prescribed as follows:
a.
All containers and brown paper bags containing recyclable materials
shall be placed, prior to collection, between the curb and the sidewalk,
or in the absence of curb and sidewalk, as near to the street as not
to constitute a danger, where such receptacles shall be readily accessible
to the collector without providing obstruction to pedestrians. The
owner or occupant of the premises shall keep all receptacles clean
and in safe handling condition. Receptacles or other items to be disposed
of shall be placed as noted above anytime after 5:00 p.m. of the day
immediately preceding the day of collection, but no later than 6:00
a.m. of the day of collection. After collection, any containers shall
be removed from the curbside by no later than 7:00 p.m. of the day
of collection.
b.
All receptacles or dumpsters shall be maintained and shall be kept
clean and in a safe manner.
[Added 3-11-2024 by Ord. No. 2024-2]
The owner of any property shall be responsible for compliance
with this section. For multifamily units, the management or owner
is responsible for setting up and maintaining the recycling system,
including collection of recyclable materials, in accordance with guidelines
or regulations established by the appropriate municipal office. Violations
and penalty notices will be directed to the owner or management, in
those instances where the violator is not easily identifiable. The
management shall issue notification and collection rules to new tenants
when they arrive and every six months during their occupancy.
[Added 3-11-2024 by Ord. No. 2024-2]
a.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this section.
b.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoor litter
receptacles and disposal service for their contents shall also provide
receptacles for designated recyclable materials, for those materials
commonly deposited, in the location of the litter receptacle, and
shall provide for separate recycling service for their contents.
c.
Every business, institution, or industrial facility shall report
on an annual basis to the Recycling Coordinator, on such forms as
may be prescribed, on recycling activities at their premises, including
the amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service.
d.
All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle grease and/or cooking oil created in the processing
of food or food products, and maintain such records as may be prescribed,
for inspection by any Code Enforcement Officer.
[Added 3-11-2024 by Ord. No. 2024-2]
a.
Any application to the Land Use Board of the Borough of South Toms
River, for subdivision or site plan approval for the construction
of multifamily dwellings of three or more units, single-family developments
of 50 or more units or any commercial, institutional, or industrial
development for the utilization of 1,000 square feet or more of land,
must include a recycling plan. This plan must contain, at a minimum,
the following:
1.
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
2.
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
b.
Prior to the issuance of a certificate of occupancy by the Borough
of South Toms River, the owner of any new multifamily housing or commercial,
institutional or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the municipality does not otherwise provide this service.
c.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the municipal engineer.
[Added 3-11-2024 by Ord. No. 2024-2]
a.
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with, or contains visible signs of, designated
recyclable materials. It is also unlawful for solid waste collectors
to remove for disposal those bags or containers of solid waste which
visibly display a warning notice sticker or some other device indicating
that the load of solid waste contains designated recyclable materials.
b.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this section and the local sanitary
code.
c.
Once placed in the location identified by this section, or any rules
or regulations promulgated pursuant to this section, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
[Added 3-11-2024 by Ord. No. 2024-2]
The Code Enforcement Official, the Department of Health, Department
of Public Works, the Recycling Coordinator, the Property Maintenance
Official, the Housing Officer, and the Ocean County Health Department
are hereby individually and severally empowered to enforce the provisions
of this section. An inspection may consist of sorting through containers
and opening of solid waste bags to detect, by sound or sight, the
presence of any recyclable material.
[Added 3-11-2024 by Ord. No. 2024-2]
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be liable to a penalty as provided in § 1-5 of the Borough Code. Each day for which a violation of this section occurs shall be considered a separate offense.
Fines levied and collected pursuant to the provisions of this
section shall be immediately deposited into the Municipal Recycling
Trust Fund (or equivalent). Monies in the Municipal Recycling Trust
Fund shall be used for the expenses of the municipal recycling program.
[Added 3-11-2024 by Ord. No. 2024-2]
[Added 3-11-2024 by Ord. No. 2024-2]
All persons within the municipality shall, for the period from
September 1 through December 31 of each year, separate leaves from
other solid waste generated at their premises and, unless leaves are
stored or recycled for composting or mulching on the premises, place
the leaves at the curb or other designated area for collection at
such times and dates and in the manner established by the municipality's
recycling regulations.
[Added 3-11-2024 by Ord. No. 2024-2]
Any person may donate or sell recyclable materials to individuals
or organizations authorized by the municipality in its recycling regulations.
These materials shall be delivered to the individual's or organization's
site. The individuals or organizations shall provide written documentation
to the Borough of the total amount of material recycled during the
preceding calendar year.
[Added 3-11-2024 by Ord. No. 2024-2]
It shall be a violation of this section for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in Subsection 16-2.3. Each such collection in violation of this section shall constitute a separate and distinct offense punishable as hereinafter provided.
[Added 3-11-2024 by Ord. No. 2024-2]
[Added 3-11-2024 by Ord.
No. 2024-2]
a.
Purpose. The purpose of this subsection is to establish a yard waste
collection and disposal program in Borough of South Toms River so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
b.
CONTAINERIZED
PERSON
STREET
YARD WASTE
Definitions. For the purpose of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this subsection 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.
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing State, County, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Leaves and grass clippings.
c.
Yard Waste Collection; Containerization. The owner or occupant of
any property, or any employee or contractor of such owner or occupant
engaged to provide lawn care or landscaping services, shall not sweep,
rake, blow or otherwise place yard waste, unless the yard waste is
containerized, in the street. If yard waste that is not containerized
is placed in the street, the party responsible for placement of yard
waste must remove the yard waste from the street or said party shall
be deemed in violation of this subsection.
d.
Enforcement. This subsection shall be enforced by the Borough of
South Toms River Police Department, Ocean County Board of Health,
Berkeley Township Code Enforcement Officer and the Borough of South
Toms River Animal Control Officer.
[Added 3-11-2024 by Ord. No. 2024-2]
a.
Purpose. The purpose of this subsection is to establish a yard waste
collection and disposal program in the Borough of South Toms River,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
b.
CONTAINERIZED
PERSON
STREET
YARD WASTE
Definitions. For the purpose of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this subsection 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.
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing State, County, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and any other areas within the street lines.
Leaves and grass clippings.
c.
Yard Waste Collection. In the event the Borough permits the sweeping,
raking, blowing or otherwise placing yard waste that is not containerized
at the curb or along the street, it shall only be allowed during the
seven days' prior to a scheduled and announced collection, and
shall not be placed closer than 10 feet from any storm drain inlet.
Placement of such yard waste at the curb or along the street at any
other time or in any other manner is a violation of this subsection.
If such placement of yard waste occurs, the party responsible for
placement of the yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this subsection.
d.
Enforcement. This subsection shall be enforced by the Borough of
South Toms River Police Department, Ocean County Board of Health,
Borough of South Toms River Code Enforcement Officer and the Borough
of South Toms River Animal Control Officer.
[Added 3-11-2024 by Ord. No. 2024-2]
[Added 3-11-2024 by Ord. No. 2024-2]
As used in this section, the following terms shall have the
meanings indicated:
A construction, renovation, or demolition project for which
a building permit or a demolition permit is required, and for which
a dumpster or roll off-container shall be placed on premises for the
purpose of placement of solid waste materials.
[Added 3-11-2024 by Ord. No. 2024-2]
A debris recovery plan shall be filed with the Municipal Recycling
Coordinator prior to the commencement of any activity for which municipal
approval as further identified above. The debris recovery plan shall
identify the types and estimated quantities of construction and demolition
debris to be generated from the project, how each material will be
managed, and the name of each facility or service provider that the
entity will use to manage each material. The plan shall further detail
how the applicant shall ensure that a minimum of 50% of the materials
to be generated will be separated and recycled.
[Added 3-11-2024 by Ord. No. 2024-2]
a.
Approval. A debris recovery plan shall be reviewed by the Municipal
Recycling Coordinator, and approved if it provides for all of the
information required by this section. An approved debris recovery
plan shall be marked "Approved" and returned to the owner of the entity
which submitted that plan.
b.
Denial. A debris recovery plan shall not be approved if it does not
provide all of the information required by this section. If a debris
recovery plan is not approved, the owner of the entity which submitted
the plan, shall be notified in writing that the plan has been rejected,
including the reasons for the rejection. In order to obtain the building
or demolition permit sought, the owner of the entity which will carry
out the construction, renovation, or demolition project shall make
the required changes and resubmit the debris recovery plan to the
Municipal Recycling Coordinator.
[Added 3-11-2024 by Ord. No. 2024-2]
a.
Application. If the owner of an entity carrying out a covered project
experiences circumstances that makes it infeasible to comply with
the diversion requirement cited in this section, the owner of the
entity may apply for an adjustment. The owner shall indicate in writing
why it is infeasible to divert 50% of the materials being generated
from the covered project and specify what percentage of diversion
could be achieved. Increased costs to the owner of the entity carrying
out the covered project will not be an acceptable justification for
an adjustment.
b.
Review. The Municipal Recycling Coordinator shall review the information
supplied by the owner. If warranted, the Municipal Recycling Coordinator
shall attempt to contact the owner to discuss possible ways of meeting
the diversion requirement.
c.
Granting of an Adjustment. If the Municipal Recycling Coordinator
determines that it is infeasible for the entity carrying out a covered
project to divert 50% of the, generated C&D debris from the covered
project, the percent of diversion required shall be adjusted. The
owner shall be notified in writing of the adjusted diversion requirement.
The owner of the entity carrying out the covered project shall be
required to divert the percent of C&D debris required by the adjustment.
d.
Denial of Adjustment. If the Municipal Recycling Coordinator determines
that it is feasible for the owner of an entity carrying out a covered
project to meet the diversion requirement cited in this section, the
owner shall be notified in writing of the denial of the diversion
requirement adjustment.
[Added 3-11-2024 by Ord. No. 2024-2]
a.
Documentation. Upon completion of the covered project, but before
the final inspection, the owner of the entity carrying out a covered
project shall submit in person or by certified mail to the Municipal
Recycling Coordinator, the documentation required to demonstrate that
the applicant has met the diversion requirement. The required documentation
shall include the following:
1.
A completed debris recovery report, signed by the owner of the entity
carrying out a covered project, indicating the quantity of each material
generated during the covered project diverted or disposed;
2.
Receipts from all facilities or service providers utilized to divert
and dispose materials generated during the covered project; and
3.
Any additional information that the owner of the entity carrying
out the covered project believes is relevant to determining compliance
with the diversion requirement.
[Added 3-11-2024 by Ord. No. 2024-2]
The Municipal Recycling Coordinator shall review the information
submitted pursuant to this section and determine whether the owner
of the entity carrying out the covered project has complied or failed
to comply with the diversion requirement. The determination regarding
compliance will be provided to the owner of the entity carrying out
the covered project in writing.
[Added 3-11-2024 by Ord. No. 2024-2]
An owner of the entity carrying out the covered project may
appeal a determination of failure to comply under this section to
the municipality within 30 days of the decision or determination.
The appeal shall be in writing and shall state the facts and basis
for the appeal. A decision by the (department where appeal is to be
filed) shall be final.
[Added 3-11-2024 by Ord. No. 2024-2]
The Code Enforcement Official, the Police Department, the Department
of Health, the Recycling Coordinator, the Property Maintenance Official,
and the Housing Officer are hereby individually and severally empowered
to enforce the provisions of this section. The respective enforcing
official may, in his or her discretion, post warning stickers for
a first offense. An inspection may consist of dumping and opening
of solid waste bags of containers to detect, by sound or sight, the
presence of any recyclable material.
[Added 3-11-2024 by Ord. No. 2024-2]
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be liable to a penalty as provided in § 1-5 of the Borough Code.
[Added 3-11-2024 by Ord. No. 2024-2]
[Added 3-11-2024 by Ord. No. 2024-2]
This section requires dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibits the spilling, dumping, leaking, or otherwise discharge
of liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Borough of South Toms
River and/or the waters of the State so as to protect public health,
safety and welfare, and to prescribe penalties for the failure to
comply.
[Added 3-11-2024 by Ord. No. 2024-2]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of South Toms River or other public body, and is designed
and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
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.
The ocean and its 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.
[Added 3-11-2024 by Ord. No. 2024-2]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of South Toms
River.
[Added 3-11-2024 by Ord. No. 2024-2]
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).
[Added 3-11-2024 by Ord. No. 2024-2]
The Code Enforcement Official, the Police Department, the Department
of Health, the Recycling Coordinator, the Property Maintenance Official,
and the Housing Officer are hereby individually and severally empowered
to enforce the provisions of this section.
[Added 3-11-2024 by Ord. No. 2024-2]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $10,000.
