[Adopted 9-19-2006 by Ord. No. O-06-39]
The purpose of the within article is to recognize
that every municipality wherein solid waste collection services are
contracted for and provided, wholly or in part, on an individual,
private contract basis is required by N.J.S.A. 40:66-5.1 et seq. to
ordain that all responsible solid waste generators contract or otherwise
lawfully provide for the collection of solid waste generated at their
premises. That statute permits every such municipality to ordain that
regular solid waste collection services be limited to specified operating
hours in order to preserve the peace and quiet in neighborhoods during
the hours when most residents are asleep. The Township Council desires
to adopt an ordinance limiting solid waste collection service to certain
specified operating hours based on the above reasons,
As used in this article, the following terms
shall have the meanings indicated:
Grass, yard trimmings, paper, cardboard, rags, waste wood
and other combustible waste solids of a nonvolatile or nonexplosive
nature.
Animal and vegetable waste solids resulting from the handling,
preparation, cooking and consumption of foods (except human body wastes).
All solid waste material which does not burn.
Land and all buildings and structures located thereon.
The scheduled pick-up and removal of solid waste from residential,
commercial or institutional premises located within the boundaries
of any municipality at least once a week.
Any property owner, tenant or occupancy of any single-family
residential dwelling or multiple dwelling, or the owner of any commercial
or institutional building or structure located within the boundaries
of any municipality, who generates solid waste at those premises.
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.
The activity related to pick-up and transportation of solid
waste from its source or location to a solid waste facility or other
destination.
A receptacle, container or bag suitable for the depositing
of solid waste.
The storage, treatment, utilization, processing or final
disposal of solid waste.
The plants, structures and other real and personal property
acquired, constructed or operated or to be acquired, constructed or
operated by any person pursuant to the provisions of N.J.S.A. 40:66-1.1
et seq., or any other act, including transfer stations, incinerators,
resource recovery facilities, sanitary landfill facilities or other
plants for the disposal of solid waste, and all vehicles, equipment
and other real and personal property and rights therein and appurtenances
necessary or useful and convenient for the collection or disposal
of solid waste in a sanitary manner.
A.
In the case of single-family residential housing,
each responsible solid waste generator shall enter into a contract
for regular solid waste collection services with any person lawfully
providing private solid waste collection services; provided, however,
that any responsible solid waste generator transporting the solid
waste which is generated at his residential premises directly to a
solid waste facility shall be exempt. The responsible solid waste
generator shall arrange for solid waste collection at least once per
week.
B.
In the case of multifamily residential housing, the
responsible solid waste generator shall contract for regular solid
waste collection service with any person lawfully providing private
solid waste collection services; provided, however, that any responsible
solid waste generator transporting the solid waste which is generated
at his residential premises directly to a solid waste facility shall
be exempt. It shall be the responsibility of the owner of the multiple
dwelling to provide a sufficient number of appropriate solid waste
containers for the deposit of nonrecyclable waste materials to be
disposed of as solid waste. The responsible solid waste generator
shall arrange for solid waste collection at least once per week.
C.
In the case of any commercial or institutional building
or structure, the responsible solid waste generator shall contract
with any person lawfully providing solid waste collection services.
Solid waste collection shall take place daily unless sufficient and
suitable facilities are provided and used for the storage of such
solid waste on such premises until such solid waste is collected.
D.
In the case of a responsible solid waste generator
who is transporting the solid waste which is generated at his residential
premises directly to a solid waste facility, every such responsible
solid waste generator shall furnish proof to the governing body of
Howell Township at least once every 12 months that the responsible
solid waste generator is transporting the solid waste which is generated
at his residential premises directly to the solid waste facility for
disposal.
E.
Solid waste collection may take place in the Township
of Howell in any of the residential zoning districts between the hours
of 7:00 a.m. and 7:00 p.m., prevailing time, Monday through Saturday.
Within six months after the effective date of
this article and at least once every six months thereafter, the Township
Council shall arrange to notify all responsible solid waste generators
of the requirements of this article. Such notification may be made
by placing an advertisement in a newspaper circulating in the municipality,
by posting a notice in public places where public notices are customarily
posted, by including such notice with other official notifications
periodically mailed to taxpayers, or by any combination thereof, as
the governing body shall deem necessary and appropriate.
The Township Clerk is authorized and directed
to notify the New Jersey Department of Environmental Protection of
the adoption of this article by certified mail.
Any person who violates any one or more sections
of this article shall be subject to a fine of not more than $2,000
for each separate offense and/or confinement in the Monmouth County
Jail for a period of not more than 90 days.
If any section, subsection, paragraph, sentence
or any part of this article is adjudged unconstitutional or invalid,
such judgment shall not affect, impair or invalidate the remainder
of this article but shall be confirmed in its effect to the action,
subsection, paragraph, sentence or other part of this article directly
involved in the controversy in which such judgment shall have been
rendered.
