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Solid Waste Management
 Plan Amendment
Morris County, New Jersey
Response to the January 2006 New Jersey Department of Environmental Protection Solid Waste Management and Sludge Management State Plan Update - March 2007
8. Enforcement Program
8.1. Development of County Enforcement Program
Prior to November 2002, the County of Morris had a
limited compliance and enforcement program with respect to solid waste. With the
exception of waste flow enforcement, the role of enforcing solid waste laws and regulations
prior to November 2002 was the obligation of either the NJDEP or municipalities. Since that
time when the Morris County Office of Health Management ("MCOHM") was established,
Morris County has developed the necessary institutional framework to have an effective
county-wide solid waste enforcement agency. As of the writing of this Plan Amendment, the
impacts of the newly developed Morris County Office of Health Management are just being felt
with respect to the regulated solid waste community. It is anticipated that over the next few
years, the county’s new health office will have influence over assuring compliance with state
solid waste regulations and the county Solid Waste Management Plan, and that in doing so it
will help Morris County achieve its recycling goals.
8.2. Historical Development of the Morris County Office of Health Management
On November 6, 2002, the Morris County Board of Chosen Freeholders adopted a resolution
establishing a County Environmental Health Act (“CEHA”) program within the auspices of
a newly formed Morris County Division of Health Management, as referred to in the resolution.
This resolution also resolved that the County of Morris through its Division of Health
Management will assume responsibility for solid waste and, subsequently, emergency response.
In a resolution dated June 11,
2003, the Morris County Board
of Chosen Freeholders approved the Environmental Health Act Work Plan of the Morris County Division
of Health Management as it pertains to solid waste. This is referred to as the
Solid Waste
Control Program.
Finally, in an agreement executed on March 1,
2005, the
Morris County Municipal Utilities Authority, County of Morris and the Morris County
Office of Health Management, (this office was originally referred to as the Division
of Health Management) entered into a contract for the provision of services for
administration and enforcement of Title 13, the solid waste component of the CEHA program.
Copies of these two resolutions, the Solid Waste Control Program and
the solid waste enforcement agreement have been included as Appendix
E.
8.3. Inspection Universe
The inspection universe is detailed in the Solid Waste Control Program provided in
Appendix E. Inspections will be performed and coordinated between three entities that are part
of the CEHA program; the MCOHM, the NJDEP and the local municipal enforcing authority
("LMEA"). In Table 10, the solid waste activities to be inspected and the
entity that will have the role of inspecting these solid waste activities is provided.
Table 10
Solid Waste Activities Inspection Checklist
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Categories
|
#
of Facilities
|
Frequency
of Inspections
|
Total
Inspections
|
Inspection
Entity
|
|
Major
Landfills
|
0
|
Once
per year
|
0
|
MCOHM
|
|
Minor
Landfills
|
0
|
Once
per year
|
0
|
MCOHM
|
|
Resource
Recovery Facility
|
1
|
Once
per year
|
1
|
NJDEP
|
|
Class
B Recycling Centers
|
4
|
Once
per year
|
4
|
NJDEP
|
|
Class
C Composting Facilities
|
16
|
Once
per year
|
16
|
MCOHM
|
|
Class
A Recycling Centers
|
3
|
Once
per year
|
3
|
NJDEP
|
|
Farmland
Mulch
|
0
|
Once
per year
|
0
|
NJDEP
|
|
Recycling
Depot
|
33
|
Once
per year
|
33
|
MCOHM
|
|
Transfer
Stations/MRFS
|
3
|
Twice
per year
|
6
|
MCOHM
/NJDEP
|
Solid
Waste Activities
|
Number
of Activities
|
|
|
Truck
checks
|
50
|
MCOHM
|
|
Recycling
Investigations
|
117
|
Local
or MCOHM
if needed
|
|
Illegal
Dumping Investigations
|
As
needed
|
Local
|
|
Container
Inspections
|
50
|
MCOHM
|
|
Waste
Flow Investigations
|
As
needed
|
MCMUA
|
|
Citizen
Complaint Investigations
|
As
needed
|
Local
|
|
NJDEP
Referrals
|
As
needed
|
MCOHM
|
|
Transporter
Route Investigations (if applicable)
|
As
needed
|
MCOHM
|
|
Exempt
Hauler Interviews
|
As
needed
|
MCMUA
|
|
Exempt
Hauler Investigations
|
As
needed
|
MCOHM
|
|
Enforcement
Actions
(NOVs, Settlements, Court)
|
As
needed
|
Local,
MCOHM
or NJDEP
|
|
Tire
Sites
|
5
|
MCOHM
|
8.4. The Morris County Office of Health
Management ("MCOHM")
In accordance with the Solid Waste Control Program
and as authorized by CEHA, the MCOHM will perform all routine compliance monitoring
inspections of solid waste facilities throughout the county. The MCOHM will handle
NJDEP and Morris County referrals such as those referrals provided by the MCMUA. The
MCOHM will monitor the compliance of collector haulers for having proper NJDEP registration
cards and NJDEP numbers on their vehicles.
A Solid Waste Enforcement Agreement was executed between the
MCMUA, the MCOHM and the County of Morris on March 1, 2005, that provides for the MCMUA
to make its investigators available as agents of the MCOHM. Acting as a subcontractor to
the MCOHM, the solid waste investigations by the MCMUA will include illegal dumping, illegal
operation of solid waste facilities, decaling of containers and vehicles, violations of
the Morris County Solid Waste Management Plan, including, but not limited to the Plan's
designated materials mandated to be source separated and recycled, litter, proper solid waste
disposal and proper disposal of regulated medical waste.
While MCMUA waives any fees or reimbursement for the enforcement
activities performed by the MCMUA on behalf of the MCOHM, the agreement states that the
enforcement of waste flow control issues remain in the exclusive control of the MCMUA.
8.5 New Jersey Department of Environmental Protection
("NJDEP")
The NJDEP retains primary responsibility for monitoring and
inspecting solid waste facilities for registration and engineering design violations.
NJDEP is mandated to have the responsibility for fee collection and registration of facilities
and collector/haulers.
8.6. Local Municipal Enforcing Authority ("LMEA")
Within six months of the certification of this Plan Amendment
by the Department, each municipality shall designate a municipal recycling enforcement
coordinator. This person will have the following responsibilities:
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Maintain a list of personnel in the municipality who
are capable of and obligated to enforce the municipal recycling ordinance and/or
other municipal ordinances which pertain to illegal dumping, solid waste and
recycling and provide copy of this list to the MCMUA as requested.
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Coordinate all communication between various agencies
including the MCMUA, MCOHM and NJDEP regarding solid waste and recycling enforcement
issues.
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Ensure that violations have been followed through to
corrective action by the violator and/or that penalties have been imposed.
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Notify the MCMUA when a notice of violation has been
issued to any entity other than a single family or a multifamily dwellings with 34
units or fewer.
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Ensure that the required annual inspections have been performed.
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Provide a report of the illegal dumping, solid waste and/or recycling
enforcement activity which has taken place in the municipality. This report shall be
submitted to the municipal recycling coordinator in order to be included in the annual municipal
recycling and solid waste program report explained in Section
9.2.i).
If for any reason, there becomes a vacancy in this position and/or
the recycling enforcement coordinator is not available to perform these duties, the municipality
shall designate a new or acting recycling enforcement coordinator, so that the period of time of
vacancy does not exceed two weeks.
The LMEA responsible for solid waste enforcement shall investigate
illegal dumping and residential complaints that are not NJDEP referrals. The LMEA shall also
investigate illegal dumping and residential complaints referred to them by the MCMUA and/or
the MCOHM. In addition, matters in which generators violate the source separation recycling
requirements of the Plan and, in turn, the municipal ordinance, will first be referred to the
municipal recycling enforcement coordinator to seek compliance with the local municipal recycling
ordinance. The MCOHM will serve as a backup to the LMEA, only for multifamily complexes of 35
or more units and non-residential generators, enforcing the source separation recycling requirements
of the Plan if invited to do so by the LMEA.
At a minimum, each municipality shall conduct a total of three (3) recycling
investigations per year at schools, businesses and/or multifamily complexes. In accordance with
Table 10, Morris County, as a whole, will complete a minimum of 117 recycling investigations per
year based on three (3) per municipality. Site visits, as prescribed in
Section
9.2.(g), will count
toward the minimum required number of recycling investigations.
8.7. Interagency Enforcement Coordination
Interagency enforcement coordination is detailed in the
Solid
Waste Control Program provided in Appendix
E. In accordance with the Solid Waste Control
Program, the MCOHM will provide technical and enforcement support to
LMEAs for illegal dumping
and residential complaints when called upon to do so.
As a means to assure consistency and coordination, all investigations
and enforcement procedures shall be conducted pursuant to the standard operating procedures
and guidance of the NJDEP. The NJDEP has ultimate authority and responsibility over MCOHM. Only
those solid waste investigations and inspections specified in the Solid Waste Control Program
may be performed by MCOHM. Any and all solid waste investigations and actions that are overly
complex or political in nature shall be immediately brought to the attention of the NJDEP to
determine appropriate enforcement action.
The MCMUA will develop a database to track recycling violations
from both the MCOHM and the municipalities. This database will track violations county-wide
so that the MCMUA and MCOHM are readily able to determine repeat offenders and to keep track of
the history of individual violations.
8.8. Compliance Assistance, Education and Training
Compliance assistance, education and training is provided by Morris
County in many forms. The MCMUA conducts meetings for municipal recycling coordinators several times
throughout the year informing municipalities of new opportunities, regulations and issues
that municipal recycling coordinators may face in their jobs. These meetings provide an
excellent networking opportunity for the recycling coordinators to get to know their neighboring
towns and, their problems as well as their management techniques or solutions. In addition, the
MCOHM routinely visits local recycling depots and department of public works sites in a
compliance assistance role providing education and training to both municipal recycling
coordinators and public works staffs.
As a new effort, the MCMUA will host meetings on a regular basis with
Morris County municipal recycling enforcement
coordinators, a new title which was previously
explained and is created by this Plan Amendment, and with MCOHM personnel involved with solid waste
and recycling enforcement.
8.9. Punitive Measures
The punitive measures of the enforcement program are detailed in
sections IV and V the Solid Waste Control Program provided in
Appendix
E. In accordance with
the Solid Waste Control
Program, the MCOHM will provide enforcement by issuing notices of
violations (“NOV”), conducting settlement meetings or making and signing complaints and summons
for the NOVs. All penalties and fees resulting from solid waste enforcement activities and
violations shall be consistent with applicable Department solid waste rules.
In addition to enforcing the Solid Waste Management Act
N.J.S.A. 13:1E-1 et seq. and the regulations adopted pursuant thereto, the MCOHM will
enforce the provisions contained in this Morris County Solid Waste Management Plan. Authority
to enforce the provisions contained in the Morris County Solid Waste Management Plan is found
in the Solid Waste Control Program provided in
Appendix
E. Additionally, the CEHA program provides
authority for the MCOHM to enforce the rules and regulations in N.J.A.C 7:26-1, et seq. as
stated in Subchapter 5 section 5.1(a) of these regulations:
"This subchapter shall govern the Department's assessment of civil
administrative penalties for violations of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.,
including the Comprehensive Regulated Medical Waste Management Act, P.L. 1989, c.34,
amending and supplementing the Solid Waste Management Act (hereinafter "the Act"),
including violation of any rule promulgated, any administrative order, permit, license or other
operating authority issued, any district solid waste management plan approved, pursuant to the
Act."
a. Generator Non-Compliance with Source Separation Recycling Requirements
With respect to generators not complying with the
source separation recycling
requirements of the Plan, herein, referrals will first be made to the
local municipal recycling
enforcement coordinator in an effort to obtain compliance with the applicable local recycling
ordinance. Penalties will be assessed based on this ordinance.
According to the 1993 Morris County Solid Waste Management Plan
Update, "The municipal ordinances shall include enforcement policies which include inspection
of garbage set out for disposal and a minimum fine of $25.00 per offense for recycling
violators." Upon the adoption of the updated municipal recycling ordinance in accordance
with the requirements of this Plan, the enforcement language above shall be superseded by the
following language which shall be included in the ordinance:
Source Separation of Designated Recyclable Material
It shall be mandatory for all persons who are owners, tenants,
or occupants of residential and non-residential premises, which shall include but not be limited to
retail and other commercial locations, as well as government, schools
and other institutional locations within the municipality of (insert
name of municipality), to separate designated recyclable materials
from all solid waste. Designated recyclable materials shall be
deposited separately and apart from other solid waste generated by the
owners, tenants, or occupants of such premises.
Penalty for Non-compliance with Source Separation Requirement
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this ordinance or any of the rules and regulations promulgated
hereunder shall, upon conviction thereof, be punishable by a fine not less than $25, nor more
than $1,000.
For the information of municipalities as they consider the revisions to
their ordinances in accordance with this Plan, reference is made to the provisions of
N.J.S.A. 40:49-5. titled "Penalties for violations of municipal ordinances." Included
in this statute among other provisions is the following statement:
"The governing body may prescribe that for the violation of an
ordinance pertaining to unlawful solid waste disposal at least a minimum penalty shall be
imposed which shall consist of a fine which may be fixed at an amount not exceeding $2,500 or
a maximum penalty by a fine not exceeding $10,000."
If adequate compliance by the generator with the
source separation recycling
requirements of the Plan is not obtained by the efforts of the LMEA, the
LMEA may invite the MCOHM
to assume the responsibility of investigating such noncompliant activities and assess penalties with
the exception that the MCOHM will not assume the responsibility of investigating noncompliant activities
for residential generators in single family homes or in multifamily dwellings with 34 units or
fewer. The penalties assessed from such investigations will be based on the following:
1. It shall be mandatory for all persons who are owners, tenants, or
occupants of residential and non-residential premises, which shall include but not be limited to
retail and other commercial locations, as well as government, schools and other institutional
locations within the County of Morris to separate designated recyclable materials from all solid waste.
Designated recyclable materials shall be deposited separately and apart from other solid waste
generated by the owners, tenants, or occupants of such premises.
Penalties associated with this section of the Plan shall be in accordance
with those available to the municipal court of jurisdiction.
b. Prohibition of Hauling of Mandated Recyclable Materials Commingled
With Solid Waste
As written in the New Jersey Solid Waste Utility Regulations, N.J.A.C.
7:26H-4.4 Solid waste collection tariff terms and conditions:
"(a) 6. Collectors are prohibited from collecting commingled loads of
solid waste and designated source separated recyclable materials, except in those instances
where a specific municipal exemption has been granted to the generator of those materials as
provided by N.J.S.A. 13:1E-99.16(d). Each solid waste management district plan contains a definition
of the district's designated recyclable materials. Collectors are prohibited from disposing of leaves
in any manner that differs from that outlined in N.J.S.A. 13:1E-99.21."
Morris County hereby incorporates the following similar language into
this Plan Amendment, to be enforceable as part of the Plan.
1. Collectors are prohibited from collecting commingled loads of solid
waste and the mandated source separated recyclable
materials, except in those instances where a
specific municipal exemption has been granted to the generator of those materials as provided by
N.J.S.A. 13:1E-99.16(d).
The following actions will be considered violations under this Plan.
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A hauler which collects waste which includes mandated
recyclable materials mixed in it.
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A hauler which informs the generator that source separation of mandated
recyclable materials from the waste is not necessary.
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A hauler which mixes mandated source separated recyclable materials
with waste.
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