[Adopted 1-1-1982 as Sec. 4-14 of
the 1982 Recodification]
As used in this article, the following terms
shall have the meanings indicated:
Material consisting of at least 90% masonry materials, cinder,
plaster, stone, rocks, sand and materials which are not previously
prohibited and do not contain more than 10% wood lathe or wood demolition
materials.
The person holding a license with the Borough of East Rutherford
and thereby authorized and designated by the Mayor and Council of
the Borough of East Rutherford to collect, handle, transport and dispose
of refuse.
All putrescible waste, except sewerage and body wastes, including
waste accumulative of animals, food or vegetable matter and including
waste that attends the preparation, use, cooking, dealing in or storing
of meat, fish, fowl, fruit and vegetables and all cans, boxes, cartons,
paper or other objects which have food or other organic materials
of any nature in or adhering thereto, and shall include all such wastes
or accumulations of vegetable matters of residences, restaurants,
hotels and places where food is prepared for human consumption. The
term "garbage" shall not include recognized industrial by-products.
Wherever herein used, may be used interchangeably and shall
mean every person in possession, charge or control of any dwellings,
flats, rooming house or any eating place, shop, place of business,
manufacturing or business establishment or other place where garbage
or other refuse is created or accumulated.
Solid wastes, including garbage and rubbish.
Refuse other than garbage (tin cans, bottles, ashes, paper,
pasteboard, cardboard or wood boxes, brush, leaves and cuttings from
trees, lawns, shrubs and gardens or other waste materials provided
in normal course of everyday living).
The person or persons designated by the Board of Health of
the Borough of East Rutherford to enforce this article.
A.
Permit required. It shall be unlawful for any person,
firm or corporation, directly or indirectly, through any contractor,
agent, licensee or other person, in any manner to dump or dispose
of on public or private property within the territorial limits of
the Borough of East Rutherford ninety-percent clean fill as defined
herein without first making application for a permit and obtaining
a valid permit to be issued by the Borough Clerk after it has been
approved by the Board of Health, the Building Inspector or his assistant
and the Mayor and Council.
B.
Application requirements.
(1)
Every application for consent to use any land within
the borough for the dumping and disposal of ninety-percent clean fill
shall be made in quadruplicate on forms which may be obtained at the
office of the Borough Clerk in the Borough of East Rutherford.
(2)
Applications shall require that the following information
be furnished:
(a)
Name and address of applicant. If a corporation,
also list registered agent and principal office of the corporation.
(b)
Specific designation of the land area proposed
to be used for the dumping and disposal of ninety-percent clean fill
by block and lot as shown on the Tax Map of the borough, along with
an engineer's plot plan drawn according to scale.
(c)
A description of the nature of the ninety-percent
clean fill proposed to be dumped and disposed of.
(d)
The source or sources of the ninety-percent
clean fill.
(e)
The estimated volume of the ninety-percent clean
fill in compacted cubic yards during the period for which the permit
is requested.
(f)
The period of time for which the permit is requested.
(g)
A listing of the license, registration, make,
model and year or any other information to adequately describe the
truck or trucks or vehicles to be used for the dumping of ninety-percent
clean fill.
(3)
If the land upon which the ninety-percent clean fill
is to be dumped is not owned by the municipality, the applicant shall
submit with the application a notarized statement signed by the owner
of the property indicating that the owner has examined the application
and has been advised of the nature of the material to be dumped and
has consented to the filing of the application and the dumping on
the property.
(4)
An application shall be considered as filed when it
has been properly completed and delivered with the required accompanying
statement to the office of the Borough Clerk in the Municipal Building
of the Borough of East Rutherford by certified mail or by hand.
C.
Permit fees.
(1)
The fee to be paid to the Borough of East Rutherford
for each permit issued permitting the dumping and disposing of ninety-percent
clean fill as defined herein shall be $1,000 per calendar month or
for any portion of a month, which fee shall be paid when the applicant
is notified that a license has been granted. The $1,000 shall be payable
for successive months on the first day of each and every month for
which the permit or license is granted, and the permit or license
shall have a lifetime of one calendar year, subject to the applicant
not violating this article. Violations will be grounds for suspension
of the license or permit until such time as the court having jurisdiction
decides whether or not there shall be conviction for the alleged violation.
Upon conviction, the license or permit shall be revoked. The permit
or license shall specify the month for which dumping privileges are
permitted.
(2)
In addition to the above fee, there shall be an additional
fee for each truck used by the applicant in depositing materials in
the designated area, and the fee for each truck shall be $100 per
year or any portion thereof. The fee for each truck shall expire on
December 31 of each year.
(3)
An applicant who intends to dump only one-hundred-percent
clean fill must also obtain a permit or license in accordance with
the terms of this article, provided that the applicant intends to
dump or dispose of more than five yards of one-hundred-percent clean
fill in any one calendar month. The fee for this application shall
be $10 per month, payable in the same manner as other fees specified
herein.
D.
Consideration of applications. Upon the filing of
any application, the Borough Clerk shall forward a copy of the same
to the Board of Health, a copy to the Building Inspector or his assistant
and a copy to the Mayor and Council. The Board of Health and the Building
Inspector or his assistant shall review the application and make the
necessary inspections to determine whether or not the proposed use
of the property complies with the terms of this article. The Building
Inspector or his assistant shall make a written report to the Board
of Health, and the Board of Health shall either disapprove the application
or recommend to the Mayor and Council that the application be granted.
The final authority for granting any and all applications shall rest
with the Mayor and Council.
E.
Inspections. The Building Subcode Official or his
assistant shall have the right and the power and the duty to make
periodic intermittent inspections of all ninety-percent clean fill
operations and the method in which ninety-percent clean fill is being
dumped and disposed in accordance with this article. Said Inspector
shall have the power to issue a summons for a violation of the article
and shall have the duty and power to enforce the provisions of this
article. The summons shall be returnable before the Municipal Judge
of the Borough of East Rutherford.
F.
Renewal of license. The license or permit granted
under this article may be considered for renewal by the applicant
submitting a new application as set forth in this article and upon
written proof and certification of the Building Inspector or his assistant
that the applicant has complied with all of the provisions of this
article and that he has not violated any of the terms of the article.
In the event that the Building Inspector or his assistant certifies
that this article has been violated or that the applicant has failed
to comply with this article, then the license shall not be renewed.
The license fees of $1,000 per month and $100 per year for each truck
as stated hereinbefore shall be applicable on each renewal application.
G.
Restricted time periods. It shall be unlawful to conduct
any dumping in accordance with this article from sundown on Saturday
of each week until sunrise on Monday of each week. At sundown of each
Saturday of each week all materials dumped shall be covered with two
inches of sand or soil.
H.
Fires. Anyone who is granted a permit or license to
dump in accordance with this article shall have on the dumping site
at all times while dumping is being conducted fire-fighting apparatus
of sufficient quantity and nature to combat and defend against fires
caused as a result of dumping. In the event that such fire apparatus
is not on the premises, the Building Inspector or his assistant shall
refuse to allow any dumping to take place until such time as the fire-fighting
apparatus shall be placed on the premises.
I.
All other fill prohibited. Unless otherwise provided
by ordinance, the dumping of any other fill within the borough limits
is hereby prohibited.
Every owner, occupant or tenant within the Borough
of East Rutherford having or accumulating garbage or rubbish which
may create a nuisance shall remove or have the same removed by licensed
garbage collectors of the Borough of East Rutherford. Arrangements
for collection of such garbage and rubbish shall be made with the
collector.
A.
Every owner or occupant producing garbage and/or refuse
shall provide and maintain, in a place easily accessible to the garbage
collector and where it will not be a public nuisance or in any degree
offensive, a watertight, not easily corrodible, rodent- and flyproof
container with a suitable bail or handles and tight-fitting cover,
in which shall be placed all garbage which has been drained of all
excess liquids and the solids wrapped in paper or other material so
as to prevent the escape of liquids therefrom. The container shall
have a capacity of 36 gallons or less and shall weigh no more than
50 pounds.
[Amended 7-17-2012 by Ord. No. 2012-08]
B.
The garbage collector shall collect only that garbage which has been placed in a container as specified in § 248-4A above. The collector shall remove from any premises garbage containers not complying with the specifications of this section upon notification by the Board of Health of the Borough of East Rutherford, its agents or employees that the Ordinance Enforcer has found, as a matter of fact, that said container does not comply with said specifications.
C.
Whenever trash, garbage or refuse is placed therein or taken therefrom, such lids shall be replaced by the person placing or taking therefrom such garbage or refuse. Garbage collectors shall pick up such refuse as tree limbs, brush, building materials and other hard-to-handle items, provided that the same are cut into lengths not to exceed six feet and placed in some easily accessible place. Yard waste (as defined in § 248-14) shall be put into biodegradeable bags and placed on curb on day stated in recycling calendar. Fees to be charged for removal of such materials shall be reasonable and commensurate to the amount and type of material involved.
[Amended 7-17-2012 by Ord. No. 2012-08]
The licensed holders under this article shall
utilize a refuse disposal site and/or sites which shall be located
beyond and outside the corporate limits of the Borough of East Rutherford,
and said sites shall be open to the Ordinance Enforcers and the Board
of Health of the Borough of East Rutherford for inspection. Said site
and/or sites shall be operated in compliance with the statutes of
the State of New Jersey.
A.
No person shall collect or haul garbage and rubbish
within the Borough of East Rutherford for a fee, except those persons
who have been granted garbage collection licenses. Licensed collectors
shall provide collection service to any person or business from the
Borough of East Rutherford who requests and pays for refuse service.
B.
License term; fee. Garbage collection licenses shall
be granted by the Mayor and Council of the Borough of East Rutherford
for a term of one year to any person who shall comply with the terms
of this article. Such license shall not be transferable without permission
of the Mayor and Council of the Borough of East Rutherford. License
holder or holders shall pay to the Borough of East Rutherford the
sum of $250 a year for each license. The license holder or holders
shall keep proper books and records covering his garbage collection
and removal operations, which books and records shall always be open
to the Ordinance Enforcers and the Board of Health of the Borough
of East Rutherford or the authorized agent of the borough. The borough
shall not establish, operate, grant or extend to any person any sole
and exclusive franchise for the construction, maintenance and operation
of a refuse-collection and -disposition system. The number of collection
licenses shall be unlimited.
C.
Surety bonds.
(1)
Each garbage license holder shall furnish to the Borough
of East Rutherford an acceptable surety bond in the principal amount
of $10,000 conditioned upon the faithful performance of the duties
imposed by this article.
(2)
Each garbage license holder shall carry with an acceptable
insurance company public liability insurance on each vehicle as follows:
(3)
Said insurance policies shall cover both the license
holder and the Borough of East Rutherford, and the borough shall be
furnished a certificate of insurance.
(4)
Licenses granted under this article shall be conditioned
upon the license holders indemnifying and saving harmless the Borough
of East Rutherford against any liability or damage which may arise
or occur to the Borough of East Rutherford from any injury to persons
or property as a result of the license holder's operations under this
article.
No licensed garbage collector shall remove any
garbage or rubbish or carry it through the streets except in borough-licensed
vehicles, except by special permission of the Borough of East Rutherford.
The garbage and rubbish shall be protected from all weather conditions
and must be loaded in such a manner that none of it shall fall, drop
or spill upon the ground, streets or ways of the Borough of East Rutherford.
All vehicles, either collector or privately owned and operated, shall
be provided with a suitable cover securely fastened so as to retain
gases, liquids, solids and prevent the scattering or dropping of garbage
or rubbish in or upon the public streets or public ways or private
property.[1]
It shall be the duty of the Board of Health
to inspect all collector's vehicles at least twice per year and see
that the same are kept clean and sanitary. The person conducting the
inspection shall report to the Board of Health when vehicles are not
being maintained in a reasonably clean and sanitary condition, and
the Board of Health may order the vehicle or vehicles removed from
service until such unsanitary condition is remedied. The Board of
Health of the Borough of East Rutherford may from time to time establish
such reasonable regulations to provide for the inspection of such
vehicles.
A.
Every collector's vehicle used in the collection and
disposal of garbage within the Borough of East Rutherford shall be
of a type approved by the Board of Health. When a garbage vehicle
becomes unsuitable for garbage service (i.e., unsafe, dilapidated,
unsightly or obsolete), the Board of Health may order replacement
of the vehicle. Vehicles used in garbage service shall at all times
be kept in good and safe operating condition and shall be kept clean
and neatly painted.
B.
When it becomes necessary to replace a garbage vehicle,
the replacement vehicle must be approved by the Board of Health as
to type, regardless of the type of the vehicle being replaced. Garbage
collectors licensed or under license by the Borough of East Rutherford
shall at all times operate adequate equipment to maintain efficient
garbage collection service to the citizens of East Rutherford.
Each collector's vehicle shall bear a borough
medallion showing it to be an approved garbage collection vehicle.
Medallions shall be issued only on vehicles operated by duly licensed
garbage collectors holding licenses from the Mayor and Council of
the Borough of East Rutherford. Medallions shall be for the calendar
year, or any part thereof, expiring on the 31st day of December. The
medallion fee shall be $25 for each vehicle per year or any part thereof
and shall not be transferable from one vehicle to another. Each vehicle
must be of a type approved by the borough for garbage collection service.
The borough medallion shall be displayed on the cab of that licensed
vehicle.
The Board of Health or any of its agents or
employees shall have the authority to and shall inspect, or cause
to be inspected, all buildings and premises, except the interiors
of dwellings, as often as may be necessary for the purpose of ascertaining
any conditions in violation of this article.
If the license holder, his successors and assigns
shall at any time refuse or neglect to comply with the terms of the
license or this article after 15 days' notice in writing by the Board
of Health of noncompliance of the terms hereof, and upon the option
of the Mayor and Council of the Borough of East Rutherford, his license
shall be revoked. Continued use of trucks used by franchise collectors,
after an order issued by the Board of Health for replacement of said
truck, shall result in a penalty of $25 per day for each day of use
or operation of such truck, and a continued use for more than 60 days
after order for replacement has been issued shall be cause for the
cancellation of license rights.
