[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.]
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:
The residue from burning wood, coal, coke or other combustible
materials.
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.
Any person or corporation who picks up solid waste curbside
or who clears land or the remains of demolition and removes the same.
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.
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.
A solid waste facility used for the disposal of solid waste.
Food processing by-products, vegetative waste, food product
overruns, and similar food waste materials.
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.
Residential, commercial and institutional solid waste generated
within a community.
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.
Individuals, partnerships, public or private corporations
or associations of persons.
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.
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.
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.
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.
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.
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.
Refer to the definition of this term in § 273-2.
Any garbage, refuse, sludge, or any other waste material,
except it shall not include the following:
Source-separated food waste collected by livestock producers,
approved by the State Department of Agriculture;
Recyclable materials that are exempted from the regulation pursuant
to N.J.A.C. 7:26A;
Materials approved for beneficial use or categorically approved
for beneficial use pursuant to N.J.A.C. 7:26-1.7(g);
Spent sulfuric acid;
Dredged material from New Jersey's coastal or tidal waters.
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.
Anyone transporting his/her own household solid waste in
a vehicle with general registration plates.
Recyclable materials that were separated from the solid waste
stream at the point of generation.
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.
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.
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.
