ECUA Banner & Home Page Link
Home | About ECUA | News & Events | Solid Waste & Recycling | FAQ | SWAC | Recycling Contacts & Links  | Forms | Education | Enforcement | Contact Us
spacer


Recycle Logo


Enforcement

Essex County Solid Waste and Recycling Enforcement

In cooperation with the Solid Waste Advisory Council (SWAC), Essex County will meet six (6) times per year with local municipalities, recycling and solid waste transporters, facility management and housing authorities within the County to both assist and boost compliance with the County Recycling program as outlined in the Solid Waste Management Plan Update of 2006.

The Essex County Health Department (ECHD) will randomly inspect solid waste delivered tipped by both commercial and municipal contracted solid waste haulers at County designated solid waste facilities to assure that generators are not disposing of, or transporters are not tipping solid waste that contains more than 25% recyclable material. Violators can be issued a Notice of Violation and/or Summons in accordance with the NJDEP Solid Waste Rules found at N.J.A.C. 7:26 and the Solid Waste Utility Rules found at N.J.A.C. 7:26H, and/or the summary table supplied below from the County Solid Waste Management Plan.

Solid Waste Laws Summarized - For an overview of laws governing the control of solid waste from the local, County and State levels, please see this summary compiled by the NJ State League of Municipalities.

Important Enforcement Contacts

NJDEP Environmental Hotline

Essex County Health Department
24-Hour Environmental Hotline

Essex County Solid Waste/Recycling Enforcement

Essex County Air, Water, Noise Pollution Enforcement

Essex County Hazardous
Response

(877) WARN-DEP
(877) 927-6337
(973) 497-9401 (973) 497-9401 (973) 325-3212 (973) 284-4937



Who are the regulated, the regulators and what are the penalties?

Regulated Entities Regulator Violation Fees
Residents (All homes, condominiums, townhouses, apartments, trailer parks, etc., including certain housing types considered institutional [i.e. senior citizen homes]) Respective municipal recycling coordinator based upon the municipal recycling ordinance *AND* the Essex County Department of Health inspector based upon the County Solid Waste Management Plan Update of 2006. Municipal violation: Based upon the fee schedule established in respective municipal recycling ordinance.
County violation: Penalty matrix listed in the state regulations at N.J.A.C. 7:26-5.5(f), based on the seriousness of the violation and the conduct of the violator.
Businesses (All places of business including wholesale, retail, service, food, transportation, etc.) Respective municipal recycling coordinator based upon the municipal recycling ordinance *AND* the Essex County Department of Health inspector based upon the County Solid Waste Management Plan Update of 2006. Municipal violation: Based upon the fee schedule established in respective municipal recycling ordinance.

County violation: Penalty matrix listed in the state regulations at N.J.A.C. 7:26-5.5(f), based on the seriousness of the violation and the conduct of the violator.
Institutions (All government buildings, schools, colleges, hospitals, clinics, etc.) Respective municipal recycling coordinator based upon the municipal recycling ordinance *AND* the Essex County Department of Health inspector based upon the County Solid Waste Management Plan Update of 2006. Municipal violation: Based upon the fee schedule established in respective municipal recycling ordinance.

County violation: Penalty matrix listed in the state regulations at N.J.A.C. 7:26-5.5(f), based on the seriousness of the violation and the conduct of the violator.
Solid Waste/Recycling facilities and haulers. Essex County Department of Health inspector based upon the County Solid Waste Management Plan Update of 2006 and NJDEP’s Solid Waste Inspectors based upon the Statewide Solid Waste Management Plan. County and/or State violation: Penalty matrix listed in the state regulations at N.J.A.C. 7:26-5.5(f), based on the seriousness of the violation and the conduct of the violator.



What should you be doing to be in full compliance with local, County and State regulations?

No matter where in Essex County you reside or do business, and no matter what your residence type and/or business type, all persons in the County need to be compliant with, among other requirements, the mandatory recyclable materials as listed in the Solid Waste Management Plan Update of 2006, and as highlighted on the Mandatory Materials page of this website.


Who should you contact to start, enhance or expand your recycling program?

Your first contact should be to your Municipal Recycling Coordinator, as they will be able to provide the most appropriate information for your place of residence or business. Additional assistance is available, free of charge, through the following County government offices:

Essex County Utilities Authority

Essex County Health Department

Essex County
Environmental Center


973.497.9401
ecdohceha@admin.essexcountynj.org

Tara Casella, Environmental Center Manager
973.228.8776
tcasella@parks.essexcountynj.org



Who should you contact in the event of a suspected violation?

Essex County’s environmental hotline (973-497-9401) under the Air Pollution Control Program is available for the reporting of citizen complaints relating to alleged illegal activity involving solid waste. Upon the performance of appropriate in-take to verify the substance of a complaint, the ECHD or its agents shall respond, as deemed necessary, to investigate the extent and nature of such complaint. The ECHD, through its agents and employees, shall take appropriate enforcement action, including, but not limited to, the issuance of a Notice of Violation or Summons to any persons (i.e. individuals and/or business entities) immediately upon the verification of a violation, and shall provide prompt notice to the NJDEP of any enforcement action.

To the extent that any solid (not hazardous) waste matters are referred to the ECHD by the NJDEP, these matters shall be investigated in accordance with the direction of the NJDEP.


County Inspection Protocol

Through the ECHD/CEHA Program, the solid waste control program shall also include periodic monitoring of on-site activities occurring at all solid waste facilities in operation within the County and monitoring of the activities of County designated solid waste disposal facilities, generators, collectors and haulers to ensure compliance with the County Solid Waste Management Plan, the Solid Waste Management Act (N.J.S.A. 13:1E-1 et seq.) and regulations promulgated at N.J.A.C. 7:26-2.1 et seq. Additionally, the ECHD shall conduct periodic monitoring of formerly operating solid waste facilities known to exist within Essex County, or such other monitoring of these closed and/or formerly operated facilities as directed by the NJDEP. These activities shall be performed by two (2) or more solid waste inspectors who shall be employed by the ECHD for this specific purpose. Essex County will particularly focus on compliance with general operational requirements set forth at N.J.A.C. 7:26-2.11 and requirements relating to the collection, recycling and transporting of solid waste pursuant to N.J.A.C. 7:26-3 et seq. In order to implement this program, the ECHD shall undertake certain activities detailed below and further explained in the CEHA grant contract to ensure compliance with solid waste and recycling regulations throughout Essex County. Neither this work plan, nor any activities conducted there under, is in any way directed toward any matters whatsoever pertaining to hazardous waste.

Mandatory Facility Inspections

The following tables represent the mandatory facility inspections pursuant to the CEHA agreement between Essex County and the NJDEP:

 

Frequency of Inspection

Projected Annual Total

Multi-Family Housing Units
(5 or more units)

Four (4) per Month

48

Commercial Establishments
Four (4) per Month
48


Program Number of Facilities Frequency of Inspection Projected Annual Total
Transfer Stations/MRF Inspections 6 Annually 6
Resource Recovery Facility Inspections 1 Annually 1
Class A Recycling Center Inspections 2 Annually 2
Class B Recycling Center Inspections 2 Annually 2
Exempt and Limited Class B Inspections 1 As Required 1
Class C Inspections 5 Semi-annually 10
Exempt Compost Facility Inspections 5 Semi-annually 10
Intermodal Facility Inspections 1 Annually 1
Recycling Investigation/Surveys 50 As Required 50
Truck Checks 50 As Required 50
Container Inspections 50 As Required 50
Complaint Investigations -
DEP Referrals
  As Required 10
Complaint Investigations -
Citizen Complaints
  As Required 10
Enforcement Actions -
Settlement Conferences
  As Required 4
Enforcement Actions -
Court Actions
  As Required 4















Putting Essex County First

spacer spacer
Leroy F. Smith Jr. Public Safety Building, 60 Nelson Place, 6th Floor, Newark, NJ 07102  •   info@ecuanj.com  •  (973) 792-9060
Copyright 2008 Essex County Utilities Authority
Web Design: Graphic Matter Inc.