Township of Galloway, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Galloway 3-11-1986 by Ord. No. 820; amended in its entirety 11-10-2015 by Ord. No. 1922-2015. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Brush and hedges near roadways — See Ch. 119.
Fire prevention — See Ch. 199.
Junkyards — See Ch. 229.
Property maintenance — See Ch. 267.
Recycling — See Ch. 273.
Streets and sidewalks — See Ch. 295.
Public health nuisances — See Ch. 353.
This chapter is for regulatory and revenue-raising purposes.
In the interpretation of this chapter, the following words and phrases, unless the context shows another sense to be intended, shall be held to have the meanings hereinafter stated:
ASHES
The residue from burning wood, coal, coke or other combustible materials.
BULKY WASTE
Large items of solid waste which, because of their size or weight, require handling other than normally used for municipal waste. The following shall be considered as falling within this category: furniture and nonrecyclable construction and demolition debris.
COMMERCIAL HAULER
Any person or corporation who picks up solid waste curbside or who clears land or the remains of demolition and removes the same.
CONVENIENCE CENTER
A site where one or more containers are located for temporary storage of solid waste and/or recyclable materials brought to the site by persons transporting only their own household materials.
DESIGNATED RECYCLING ENFORCEMENT AUTHORITY
Any member of the Office of Sustainability, the Department of Public Works, Construction Office or the Police Department of the Township of Galloway charged with the enforcement of this chapter.
DISPOSAL FACILITY
A solid waste facility used for the disposal of solid waste.
FOOD WASTE
Food processing by-products, vegetative waste, food product overruns, and similar food waste materials.
MULTIFAMILY RESIDENCE
Five or more contiguous units located on a single property or contiguous units located on a single property or contiguous properties under common ownership or management. This shall include mobile home parks. For this purpose, "mobile home" shall mean a home, excluding travel trailers, which is a movable or portable unit, designed and constructed to be towed on its own chassis and designed to be connected for year-round occupancy.
MUNICIPAL SOLID WASTE
Residential, commercial and institutional solid waste generated within a community.
ORIGIN AND DESTINATION FORM
Form to be filled out prior to disposing of solid waste transported from residential, commercial or institutional entities. This pertains to both homeowners transporting their own wastes and solid waste contractors/transporters.
PERSON or PERSONS
Individuals, partnerships, public or private corporations or associations of persons.
PROHIBITED WASTE MATERIALS
The following materials, liquid or solid, or as may be otherwise referred to in this chapter, shall not be disposed of at any Galloway Township recycling dropoff center, convenience center, or composting facility: bulk solid waste materials, other than scrap metals, construction and demolition debris, tires, dry sewage sludge, dry hazardous waste, dry nonhazardous waste, dry nonhazardous chemical waste, oil spill cleanup wastes, nonchemical industrial wastes, infectious waste, waste oil and sludges, bulk liquid and semi-liquids, septic tank cleanout wastes, liquid sewage sludge, liquid hazardous waste, and liquid chemical waste. Reference: Illegal dumping, § 291-9.
PROOF OF COLLECTION SERVICE
A written record, log, bill or document evidencing receipt of service for the collection of solid waste for the preceding month from a person lawfully engaging in private solid waste collection services within a municipality.
PUTRESCIBLE WASTE
Any waste liable to enter into a state of putrefaction, the typically anaerobic splitting of proteins by bacteria and fungi with the formation of foul-smelling, incompletely oxidized products.
QUALIFIED APARTMENT BUILDING OR GARDEN APARTMENT COMPLEX
Any building or structure or complex of buildings or structures in which five or more units are rented or leased or offered for rental or lease for residential purposes, except hotels, motels, or other guesthouses serving transient or seasonal guests.
REGULAR SOLID WASTE COLLECTION SERVICE
The scheduled pickup and removal of solid waste from residential, commercial or institutional premises located within the boundaries of Galloway Township at least once a week.
RESPONSIBLE SOLID WASTE GENERATOR
Any property owner, tenant, or occupant 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 Galloway Township who generates solid waste at those premises.
SCRAP METAL
Refer to the definition of this term in § 273-2.
SOLID WASTE
Any garbage, refuse, sludge, or any other waste material, except it shall not include the following:
A. 
Source-separated food waste collected by livestock producers, approved by the State Department of Agriculture;
B. 
Recyclable materials that are exempted from the regulation pursuant to N.J.A.C. 7:26A;
C. 
Materials approved for beneficial use or categorically approved for beneficial use pursuant to N.J.A.C. 7:26-1.7(g);
D. 
Spent sulfuric acid;
E. 
Dredged material from New Jersey's coastal or tidal waters.
SOLID WASTE CONTRACTOR/TRANSPORTER
Any person who enters into an oral or written agreement with a generator to provide the service of the collection and transportation of solid waste or recyclables for the residential, commercial, or institutional sectors in the Township of Galloway. Contractor/transporter is subject to all New Jersey State Regulations pursuant to N.J.A.C. 7:26-3.3.
SOLID WASTE TRANSPORTER
Anyone transporting his/her own household solid waste in a vehicle with general registration plates.
SOURCE SEPARATED
Recyclable materials that were separated from the solid waste stream at the point of generation.
STATE-OF-THE-ART LANDFILL
A solid waste facility at which solid waste is deposited on or into the land as fill for the purpose of permanent disposal or storage for a period of time exceeding six months.
Any solid waste contractor transporting solid waste within the Township of Galloway must comply with all New Jersey State solid waste rules and regulations pursuant to N.J.A.C. 7:26.
A. 
The solid waste contractor/transporter must be fully licensed in the State of New Jersey and follow all the rules and regulations set forth in N.J.A.C. 7:26.
B. 
The solid waste contractor/transporter must fill out an origin and destination form prior to transporting waste generated in this municipality.
C. 
Each contractor shall provide a current rate schedule to the Township. Any resident that requests information about the contractors/transporters that service the Township can call the Department of Community Education for each hauler's fee schedule.
(1) 
Each shall provide a current rate schedule that includes the cost of trash and recycling. This fee must be a bundled fee so that any resident will pay that hauler directly for the two services together.
D. 
Any solid waste contractor that collects trash from any residence shall also provide collection of recyclables to the same.
(1) 
Any solid waste contractor engaged in a private solid waste collection service within the Township of Galloway must provide all responsible solid waste generators with the opportunity to contract for, on an individual basis, regular solid waste/recycling collection services. The governing body of the Township of Galloway may require any solid waste contractor engaged in a private solid waste/recycling collection service within this municipality in identifying those responsible solid waste generators who fail to comply with the provisions of N.J.S.A. 40:66-5.1.
E. 
Solid waste collected within this Township by private contractors must be collected in separate vehicles from recyclables collected.
(1) 
Collection vehicles must be securely covered to prevent littering.
(2) 
Solid waste collection must not begin before 7:00 a.m.
F. 
All recyclable material and solid waste must be source-separated prior to collection (by the customer) and remain source-separated throughout the collection process.
G. 
Each residential solid waste contractor/transporter shall provide a current rate schedule to its customers that includes the cost of trash and recycling. This fee must be a bundled fee so that any resident will pay that hauler directly for the two services together.
(1) 
If solid waste is found to contain recyclables and is marked for noncollection by the designated recycling enforcement authority, the solid waste contractor/transporter must leave the trash at the curb. (Reference § 273-15.)
A. 
Proof of service. Any solid waste collector/transporter engaging in private solid waste collection services within Galloway Township, who is registered pursuant to Sections 4 and 5 of P.L. 1970, c. 39 (N.J.S.A. 13:1E-4 and 13:1E-5) and holds a certificate of public convenience and necessity pursuant to Sections 7 and 10 of P.L. 1970, c. 40 (N.J.S.A. 48:13A-6 and 48:13A-9) shall provide all responsible solid waste generators with the opportunity to contract for, on an individual basis, regular solid waste collection service as required by this proof of service provision. The governing body of the Township of Galloway may require any solid waste collector engaged in a private solid waste/recycling collection service within this municipality to assist the municipality in identifying those responsible solid waste generators who fail to comply with the provisions of N.J.S.A. 40:66-5.1.
B. 
Any solid waste collector/transporter picking up solid waste materials within the Township of Galloway must comply with all New Jersey State rules and regulations.
C. 
Each solid waste collector/transporter shall provide a current rate schedule to the Township. Any resident that requests information about the collectors/transporters that service the Township can call the Department of Community Education, Office of Recycling, for each collector's fee schedule.
D. 
Any solid waste collector/transporter operating in the Township of Galloway from any single family residence will also provide collection of recyclables for the same. This is to be a bundled fee, allowing the resident to pay the contracted collector for the two services together.
(1) 
Solid waste and recyclable materials must be collected in separate vehicles.
(a) 
These vehicles must be clearly marked.
(b) 
Collection vehicles must be securely covered to prevent littering.
(c) 
Solid waste collection must not begin before 6:30 a.m.
(d) 
Noncollection of solid waste contaminated by designated recyclables. This municipality or any other person collecting solid waste generated within this municipality may refuse to collect solid waste from any person who has clearly failed to separate recyclables designated under the appropriate sections of Chapter 273. This section protects contractors/citizens from violations imposed at the county transfer station if trash is contaminated with recyclables. The designated recycling enforcement authority also has the right to mark bags/cans containing solid waste for noncollection.
Any permit issued pursuant to this chapter may be suspended or revoked by the Township Manager for any violation of this chapter. Any person aggrieved by this summary suspension or revocation of a permit may appeal to the Township Council of the Township of Galloway, which shall hold a hearing thereon. The decision of the Township Council shall be final.
A. 
It shall be unlawful for any permittee, commercial or otherwise, or any other person to transport upon the public streets in the Township of Galloway any ashes, garbage, refuse, solid waste or other waste materials in any open cart or vehicle or in any manner whereby the same or any part thereof shall fall from said cart or vehicle to the streets of any public place in the Township of Galloway or on any property now owned by said person or permittee.
B. 
All vehicles of solid waste contractors/transporters shall be regularly washed and cleaned both inside and outside and kept free at all times from dirt and offensive odors.
C. 
Noncollection of solid waste contaminated by designated recyclables. This municipality or any other person collecting solid waste generated within this municipality may refuse to collect solid waste from any person who has clearly failed to separate recyclables designated under the appropriate sections of Chapter 273. This section protects contractors/citizens from violations imposed at the county transfer station if trash is contaminated with recyclables. The designated recycling enforcement authority also has the right to mark bags/cans containing solid waste for noncollection.
(1) 
In the event that the Township contracts for solid waste/recycling collection, the solid waste contractor/transporter would be responsible to refuse to collect solid waste designated with recyclables, and said contractor would be responsible to report to the designated recycling enforcement authority the addresses of residents involved at the end of each collection day.
A. 
Spilled refuse. All refuse or other materials collected or deposited or transported within the Township of Galloway which shall spill or fall while being carried or conveyed to a truck or other collection vehicle or container or while being loaded in or transported by any such truck, vehicle or other container shall be immediately removed and broom-cleaned so as to leave the premises or street in a clean condition.
B. 
All homeowners' associations, multifamily complexes and qualified apartment buildings must provide an enclosed area for trash receptacles. This area must be kept neat and clean, and receptacles are to be checked on a regular basis for recyclables.
C. 
Commercial establishments must provide an enclosed area for trash dumpsters/receptacles. This area must be kept neat and clean, and receptacles are to be checked on a regular basis for recyclables.
D. 
Each responsible solid waste generator in single-family dwellings must abide by the rules found in § 267-16, Exterior grounds; preparation of trash and recycling for collection, concerning placement of receptacles, securing lids of receptacles, and hours that materials can be set out for collection.
A. 
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Township, except in public receptacles or in authorized private receptacles for collection. Property owners are responsible for providing receptacles in public places (§ 291-11E) and for keeping said property and surrounding properties free of litter generated from the owner's property.
B. 
No person shall sweep into or deposit in any gutter, street or other public place within the Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
C. 
No person owning or occupying a place of business or residence shall sweep into or deposit in any gutter, street or public place within the Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Township shall keep the sidewalk in front of their business premises free of litter.
D. 
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Township.
E. 
No person, while a driver or passenger in a vehicle, shall throw or deposit litter in any park within the Township, except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
F. 
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the Township.
G. 
It shall be unlawful for any person, firm, corporation or organization to intentionally release, organize the release of, or intentionally cause to be released balloons inflated with a gas that is lighter-than-air within the Township of Galloway except:
[Added 2-12-2019 by Ord. No. 2003-2019]
(1) 
Balloons released for a specific scientific or meteorological purpose by a governmental agency, pursuant to a governmental contract or by a recognized educational institution;
(2) 
Balloons which are tethered and retrieved by the releaser;
(3) 
Hot air balloons which are designed to be and which are recovered;
(4) 
Balloons which are released indoors and which are not subject to release into the atmosphere.
It shall be unlawful for any person, business entity, resident or nonresident to dispose of any waste material in any nonpermitted area within the geographic area of this municipality, including roadsides, open areas and private properties. Enforcement of this section protects the public health and safety, property values and quality of life in the Township of Galloway.
A. 
Proof of service. The owner/manager of a homeowners' association, multifamily dwelling or apartment complex shall enter into a contract for regular solid waste collection service with any person lawfully providing private solid waste collection services within the Township. Exemption: those instances where the responsible solid waste generator is transporting the solid waste that is generated at his residential premises directly to an approved solid waste facility.
B. 
It shall be the responsibility of the owner to provide and maintain, in a neat and sanitary condition, solid waste dropoff areas with an appropriate number of containers for the deposit of nonrecyclable materials to be disposed of as solid waste.
(1) 
These drop-off areas must be complete with approved directional signage to direct tenants/owners in the proper source separation of solid waste from designated recyclables.
C. 
Curbside collection of solid waste and recyclable material may be used as a substitute for a centralized dropoff area or in addition to the dropoff area.
D. 
The owner/operator/manager of all homeowners' associations, multifamily complexes and qualified apartment complexes shall be responsible for providing tenants/owners of units with information on the proper separation of solid waste from recyclables.
E. 
Any homeowners' association, multifamily complex or apartment complex that maintains a recreation area for tenants and guests (i.e., tennis courts, swimming pools, etc.) shall provide solid waste receptacles next to recycling receptacles for the proper source separation of materials.
F. 
At such a time that the Township should enter into a Township-wide solid waste/recycling contract(s), any term contracts with private contractors for these services will be final, and the multifamily complex will have the option of becoming part of the Township contract(s).
G. 
Separate contracts may be maintained for solid waste and recycling collection services.
A. 
Proof of service. All commercial and institutional establishments within the geographic boundaries of Galloway Township shall enter into a contract with any person lawfully providing private solid waste collection services within the municipality.
B. 
Commercial and institutional establishments may contract with a separate contractor for recycling services.
C. 
The solid waste contractor must collect the source-separated materials in separate trucks, maintaining the source separation and allowing the recyclable materials to remain in marketable condition.
D. 
Those businesses that sell food or other wrapped items must provide easily accessible trash receptacles next to each recycling receptacle. Placement of said receptacles shall be determined by the Township. Exemptions: Restaurants not selling packaged goods, bars, and liquor stores. Receptacles must be checked regularly for mixing of trash and/or recyclables.
E. 
It is required that receptacles for the deposit of litter be placed in conveniently accessible areas with spacing not to exceed 150 feet at each public gathering place, shopping strip mall, and active retail commercially zoned areas. These receptacles are to be located next to a recycling receptacle. The property owner is responsible for maintaining said receptacles.
A. 
In the case of single-family residential housing, each responsible solid waste generator, in those instances where a solid waste collection system is not otherwise provided for by the municipality and if the said generator has not already done so, shall enter into a contract for regular solid waste collection service with any person lawfully providing private solid waste collection services within Galloway Township; provided, however, there shall be an exemption from the above requirements where the responsible solid waste generator is transporting the solid waste generated at his residential premises directly to an approved solid waste disposal facility.
B. 
In the case of a responsible solid waste generator within the Township of Galloway who is transporting the solid waste which is generated at his residential premises directly to an approved solid waste generator, such person shall furnish the Township Office of Recycling proof that this material has been disposed of in said approved facility. This must be done once a year at the time of the final tax payments for that calendar year. Forms may be included in tax bills with which the generator may provide proof of service.
C. 
Proof of service. Galloway Township shall, within six months of the effective date of this chapter, and at least once every six months thereafter, notify all responsible solid waste generators of the requirements of said chapter and may do so, within its discretion, by placing an advertisement in a newspaper circulating within the municipality, by posting a notice in public places where public notices are customarily posted, or to include a notice with other official notifications periodically mailed to taxpayers, or any combination thereof, as the Township deems necessary and appropriate.
[Amended 12-13-2016 by Ord. No. 1951-2016]
A. 
Any violation of § 291-9 of this chapter shall be subject to a minimum fine which shall not exceed $2,500 and a maximum fine not exceeding $10,000.
B. 
Any violation of any section of this chapter other than § 291-9 shall be subject to a fine not exceeding $2,000 or a period of community service not exceeding 90 days.