ASSEMBLY, No. 2705
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 3, 1997
By Assemblywoman MYERS
An Act concerning the payment of solid waste charges on a per container basis, and amending parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.40:66-1 is amended to read as follows:
40:66-1. [a.] The governing body may provide for the cleaning of the streets of the municipality, and establish and operate a system therefor; purchase and operate any equipment necessary for the cleaning of the streets; and make, amend, repeal and enforce any ordinances, resolutions, rules or regulations as may be deemed necessary and proper for the establishment, operation and management of a street cleaning system, and the employees connected therewith.
a. The governing body may provide for the collection or disposal of all residential, commercial or institutional solid waste generated within the boundaries of the municipality, and may establish and operate a municipal service system therefor[;].
A governing body that establishes a municipal service system shall impose solid waste charges on a per container basis.
The governing body may purchase and operate [the necessary] any equipment necessary for the [cleaning of streets, and for the] collection or disposal of solid waste from the municipal solid waste stream; and make, amend, repeal and enforce [all such] any ordinances, resolutions, rules [and] or regulations as may be deemed necessary and proper for the [introduction] establishment, operation and management of [such] a municipal service system, [and for the maintenance and operation of a solid waste facility,] and the employees connected therewith, subject to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) [and the "Solid Waste Utility Control Act of 1970," P.L.1970, c.40 (C.48:13A-1 et al.), for the disposal of solid waste, and for the government of employees connected therewith].
b. A municipal governing body that establishes a municipal service system for the collection or disposal of solid waste pursuant to subsection a. of this section, in its discretion, may limit the municipal service furnished by it to curbside collection along public streets or roads that have been dedicated to and accepted by the municipality. The municipal governing body may also refuse to enter upon private property to remove solid waste from dumpsters or other solid waste containers. The municipal governing body, in its sole discretion, may choose to reimburse those property owners who do not receive the municipal service, but such reimbursement shall not exceed the cost that would be incurred by the municipality in providing the solid waste collection or disposal service directly. Nothing contained in this subsection shall be deemed to modify the provisions of P.L.1989, c.299 (C.40:67-23.2 et seq.) with respect to qualified private communities.
(cf: P.L.1993, c.6, s.3)
2. Section 6 of P.L.1989, c.244 (C.40:66-1.1) is amended to read as follows:
6. As used in this chapter:
"Municipal solid waste stream" means all residential, commercial and institutional solid waste generated within the boundaries of any municipality.
"Proof of [collection] service" means a written record, log, bill or document evidencing receipt of service for the collection of solid waste for the preceding month from a [person] solid waste collector lawfully engaging in private solid waste collection services within a municipality.
"Regular solid waste collection service" means 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.
"Responsible solid waste generator" means 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 any municipality, who generates solid waste at those premises.
"Solid waste" means 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] source separated food waste collected by [swine] livestock producers [licensed] approved by the State Department of Agriculture to collect, prepare and feed such wastes to [swine] livestock on their own farms.
"Solid waste charges" means the rates, fees or charges levied and collected or to be levied and collected by a municipality or solid waste collector for the collection or disposal of solid waste generated within the boundaries of the municipality.
"Solid waste collection" means the activity related to pick-up and transportation of solid waste from its source or location to a solid waste facility or other destination.
"Solid waste collector" means a person engaged in the collection of solid waste and registered pursuant to sections 4 and 5 of P.L.1970, c.39 (C.13:1E-4 and 13:1E-5)
"Solid waste container" means a receptacle, container or bag suitable for the depositing of solid waste.
"Solid waste disposal" means the storage, treatment, utilization, processing, or final disposal of solid waste.
"Solid waste facilities" [mean] means, and [include] includes, 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 [this] the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-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.
(cf: P.L.1991, c.170, s.4)
3. R.S.40:66-4 is amended to read as follows:
40:66-4. [a.] The governing body may, if it deem it more advantageous, contract with any person for the cleaning of the streets[, or the collection or disposal of solid waste]. Before making any such contract [or contracts] the governing body shall first adopt specifications for the doing of the work in a sanitary and inoffensive manner.
Any contract for the cleaning of the streets, the total amount of which exceeds in the fiscal year the amount set forth in, or the amount calculated by the Governor pursuant to, section 3 of P.L.1971, c.198 (C.40A:11-3), shall be entered into and made only after bids shall have been advertised therefor, and awarded in the manner provided in the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq).
a. The governing body may contract with any solid waste collector for the provision of regular solid waste collection service.
A governing body that establishes a municipal contract system shall impose solid waste charges on a per container basis.
Before making any contract for solid waste collection the governing body shall first adopt specifications for the doing of the work in a sanitary and inoffensive manner.
Any specifications adopted by the governing body for the collection [or disposal] of solid waste shall conform to the uniform bid specifications for municipal solid waste collection contracts established pursuant to section 22 of P.L.1991, c.381 (C.48:13A-7.22) and, as a condition of the contract for regular solid waste collection service, require the solid waste collector to provide responsible solid waste generators with the opportunity to purchase, on a prepaid basis, one or more solid waste containers, or a voucher or sticker therefor, to facilitate the payment of solid waste charges on a per container basis.
Any [such contract or contracts] contract for solid waste collection, the total amount of which exceeds in the fiscal year the amount set forth in, or the amount calculated by the Governor pursuant to, section 3 of P.L.1971, c.198 (C.40A:11-3), shall be entered into and made only after bids shall have been advertised therefor, and awarded in the manner provided in the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq).
b. Whenever the governing body adopts an ordinance to provide for the collection or disposal of solid waste within its municipal boundaries by imposing solid waste charges based on the number of solid waste containers processed per household [pursuant to subsection b. of R.S.40:66-5] as required by law, on or after the first day of the 13th month following the effective date of that ordinance, the governing body may request the relevant solid waste collector to whom a multi-year contract has been awarded prior to the effective date of P.L. , c. (pending in the Legislature as this bill) to renegotiate the contract to reflect any reduction in the annual volume of solid waste collected achieved as a result of the ordinance.
(cf: P.L.1991, c.381, s.47)
4. R.S.40:66-5 is amended to read as follows:
40:66-5. a. The governing body [may] shall provide for the collection or disposal of solid waste from the municipal solid waste stream [at the general expense, or if deemed by it more advisable, impose] by imposing rates, fees or charges (hereinafter referred to as "solid waste charges") to be charged by the municipality for the collection or disposal of solid waste, provide for the manner of payment of the same, and maintain an action at law to recover any moneys due therefor.
b. [Where the governing body determines to provide for the collection or disposal of solid waste by] As a prerequisite for imposing solid waste charges on a per container basis, the governing body shall adopt an ordinance to:
(1) Establish a rate schedule of solid waste charges based on the number of solid waste containers processed per household; and
(2) Provide [residents] all responsible solid waste generators with the opportunity to purchase, on a prepaid basis, one or more solid waste containers, or a voucher or sticker therefor, to facilitate the payment of solid waste charges on a per container basis.
(cf: P.L.1989, c.244, s.5.)
5. Section 1 of P.L.1991, c.170 (C.40:66-5.1) is amended to read as follows:
a. The governing body of any municipality wherein solid waste collection services are contracted for and provided, wholly or in part, on an individual[, private contract] basis shall[, within 60 days of the effective date of this act,] adopt a proof of service ordinance which requires all responsible solid waste generators to contract with a solid waste collector for regular solid waste collection service or otherwise lawfully provide for the [collection] disposal of solid waste generated at those premises in the manner provided by the ordinance.
Each proof of service ordinance required pursuant to this section shall include a requirement that any solid waste collector providing regular solid waste collection service to responsible solid waste generators on an individual basis within the municipality shall impose solid waste charges on a per container basis.
As a condition of municipal consent to engage in private solid waste collection services within its municipal boundaries, the municipal governing body shall require any solid waste collector providing regular solid waste collection service to responsible solid waste generators on an individual basis within the municipality to provide responsible solid waste generators with the opportunity to purchase, on a prepaid basis, one or more solid waste containers, or a voucher or sticker therefor, to facilitate the payment of solid waste charges on a per container basis.
b. Each proof of service ordinance required pursuant to this section shall include:
(1) In the case of single-family residential housing, a requirement that each responsible solid waste generator, in those instances [where] in which a solid waste collection system is not otherwise provided for by the municipality and if [he] the responsible solid waste generator has not already done so, enter into a contract for regular solid waste collection service with any [person] solid waste collector lawfully providing private solid waste collection services within the municipality; except that the ordinance may include an exemption from this requirement in those instances [where] in which the responsible solid waste generator is transporting the solid waste which is generated at [his] the responsible solid waste generator's residential premises directly to the solid waste facility utilized by the municipality for solid waste disposal;
(2) In the case of multi-family residential housing, a requirement that the responsible solid waste generator, in those instances [where] in which a solid waste collection system is not otherwise provided for by the municipality and if [he] the responsible solid waste generator has not already done so, enter into a contract for regular solid waste collection service with any [person] solid waste collector lawfully providing private solid waste collection services within the municipality; except that the ordinance may include an exemption from this requirement in those instances [where] in which the responsible solid waste generator is transporting the solid waste which is generated at [his] the responsible solid waste generator's residential premises directly to the solid waste facility utilized by the municipality for solid waste disposal. 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] nonhazardous waste materials to be disposed of as solid waste;
(3) In the case of any commercial or institutional building or structure located within the boundaries of the municipality, a requirement that the responsible solid waste generator, in those instances [where] in which regular solid waste collection services are not otherwise provided for, enter into a contract with any [person] solid waste collector lawfully providing private solid waste collection services within the municipality; and
(4) In the case of a responsible solid waste generator, [within the municipality, who] in those instances in which the responsible solid waste generator is transporting the solid waste which is generated at [his] the responsible solid waste generator's residential premises directly to the solid waste facility utilized by the municipality for solid waste disposal, a requirement that [every such] the responsible solid waste generator [within the municipality] furnish proof [that the responsible solid waste generator is transporting the solid waste which is generated at his residential premises directly to the solid waste facility utilized by the municipality for] of individual solid waste disposal to the governing body of the municipality at least once every 12 months. In order to fulfill the requirements of this subsection, the responsible solid waste generator may include the proof of [service] individual solid waste disposal with the municipal tax payment mailed to the municipal tax collector.
c. The municipal governing body shall, within six months of the effective date of a proof of service ordinance adopted pursuant to this section and at least once every six months thereafter, notify all responsible solid waste generators of the requirements of the ordinance. In order to fulfill the notification requirements of this subsection, the governing body of a municipality may, in its discretion, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to taxpayers, or any combination thereof, as the municipality deems necessary and appropriate.
(cf: P.L.1991, c.170, s.1)
6. Section 2 of P.L.1991, c.170 (C.40:66-5.2) is amended to read as follows:
a. [The provisions of any other law, rule or regulation to the contrary notwithstanding, the governing body of any municipality may request that every solid waste collector engaging in private solid waste collection services within the municipality who is registered pursuant to sections 4 and 5 of P.L.1970, c.39 (C.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 (C.48:13A-6 and 48:13A-9)] As a condition of municipal consent to engage in private solid waste collection services within its municipal boundaries, the municipal governing body may require any solid waste collector providing regular solid waste collection service to responsible solid waste generators on an individual basis within the municipality to provide all responsible solid waste generators with the opportunity to contract for, on an individual basis, regular solid waste collection services, if the responsible solid waste generator is required to do so by a proof of service ordinance adopted pursuant to section 1 of P.L.1991, c.170 (C.40:66-5.1).
b. The governing body of any municipality may request any solid waste collector engaging in private solid waste collection services within the municipality to assist the municipality in identifying those responsible solid waste generators who fail to comply with the provisions of section 1 of P.L.1991, c.170 (C.40:66-5.1).
c. [Whenever the governing body adopts a proof of service ordinance pursuant to section 1 of P.L.1991, c.170 (C.40:66-5.1), or requests a solid waste collector to provide all responsible solid waste generators with the opportunity to contract for regular solid waste collection services pursuant to subsection a. of this section, the governing body shall notify the Board of Public Utilities of these actions by certified mail.] (Deleted by amendment, P.L. , c. )
d. [In the event that a solid waste collector refuses any request to provide responsible solid waste generators with the opportunity to contract for regular solid waste collection services pursuant to subsection a. of this section, the governing body shall notify the Board of Public Utilities of this refusal by certified mail.] (Deleted by amendment, P.L. , c. )
e. Whenever the governing body of a municipality adopts a proof of service ordinance pursuant to section 1 of P.L.1991, c.170 (C.40:66-5.1), the municipal governing body shall notify the owner or operator of every solid waste facility utilized by the municipality of
this action by certified mail.
(cf: P.L.1991, c.170, s.2)
7. Section 3 of P.L.1991, c.170 (C.40:66-5.3) is amended to read as follows:
The provisions of any other law, or of any rule or regulation adopted pursuant thereto, to the contrary notwithstanding, the owner or operator of a solid waste facility utilized by a municipality that adopts a proof of service ordinance pursuant to section 1 of P.L.1991, c.170 (C.40:66-5.1), may establish weekly hours during which individuals may directly transport the solid waste generated at their residential premises for disposal at the solid waste facility. The owner or operator of [such] the solid waste facility shall establish an equitable rate schedule for individual solid waste disposal by [citizens] responsible solid waste generators on a per pound basis.
(cf: P.L.1991, c.170, s.3)
8. Section 9 of P.L.1987, c.102 (C.13:1E-99.17) is amended to read as follows:
9. [A] a. The governing body of a municipality may require [that every] any solid waste collector [or solid waste transporter] registered pursuant to sections 4 and 5 of P.L.1970, c.39 (C.13:1E-4 and 13:1E-5) and holding a certificate of public convenience and necessity pursuant to sections 7 and 10 of P.L.1970, c.40 (C.48:13A-6 and 48:13A-9) to bid on a contract for the collection or disposition of recyclable materials, if required to do so by the district recycling plan of the county in which the solid waste collector [or transporter] engages in solid waste collection [or transportation] services.
b. As a condition of municipal consent to engage in solid waste collection services within its municipal boundaries, the governing body of a municipality shall require any solid waste collector seeking to provide solid waste collection services within the municipality to: (1) impose solid waste charges on a per container basis; and (2) provide responsible solid waste generators with the opportunity to purchase, on a prepaid basis, one or more solid waste containers, or a voucher or sticker therefor, to facilitate the payment of solid waste charges on a per container basis.
For the purposes of this subsection, "responsible solid waste generator" means 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 any municipality, who generates solid waste at those premises; and "solid waste charges" means the rates, fees or charges levied and collected or to be levied and collected by a municipality or solid waste collector for the collection or disposal of solid waste
generated within the boundaries of the municipality.
(cf: P.L.1987, c.102, s.9)
9. This act shall take effect immediately.
STATEMENT
This bill would require municipalities to impose solid waste charges on a per container basis.
Under current law, any municipality may provide for solid waste collection or disposal by: (1) establishing a municipal service system; (2) awarding a publicly-bid contract for regular solid waste collection service to a solid waste collector under the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq); or (3) allowing responsible solid waste generators to contract for private solid waste collection services on an individual basis.
Under the bill, any municipality that establishes a municipal service or municipal contract system would be required to provide for the collection or disposal of solid waste by imposing solid waste charges on a per container basis. The municipal governing body or the solid waste collector, as a condition of the municipal contract for regular solid waste collection service, would be required to provide all responsible solid waste generators within the municipality with the opportunity to purchase, on a prepaid basis, one or more solid waste containers, or a voucher or sticker therefor, to facilitate the payment of solid waste charges on a per container basis.
Similarly, in so-called "proof-of-service" municipalities (in which solid waste collection services are contracted for and provided, wholly or in part, on an individual basis), as a condition of municipal consent to engage in private solid waste collection services within its municipal boundaries, the municipal governing body would require any solid waste collector providing regular solid waste collection service to impose solid waste charges on a per container basis and provide all responsible solid waste generators with the opportunity to purchase, on a prepaid basis, one or more solid waste containers, or a voucher or sticker therefor, to facilitate the payment of solid waste charges on a per container basis.
The imposition of mandatory per container solid waste charges is intended to facilitate recycling and to educate the public as to the true costs of solid waste collection and disposal services.
Requires municipalities to impose solid waste charges on a per container basis.