City of Linwood, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Linwood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 175.
Open burning — See Ch. 152.
[Adopted 12-13-1967 as Ch. 22, Art. II, of the 1967 Code]

§ 235-1 Disposal methods.

Pursuant to Chapter 38 of the Laws of 1958, by March 31, 1959,[1] all trash and garbage collected within the City of Linwood and disposed of within the City of Linwood shall be disposed of by the sanitary landfill or incinerator method in accordance with the standards for the design, operation and maintenance of sanitary landfills and incinerators contained in the State Sanitary Code.
[1]
Editor's Note: See N.J.S.A. 40:66A-31.

§ 235-2 Garbage collected outside of City.

No trash or garbage shall, at any time, be collected without the City of Linwood and disposed of within the City of Linwood.

§ 235-3 Prohibition.

No garbage, trees or stumps shall be placed on the City dump at any time by anyone.

§ 235-4 Violations and penalties.

Any person who shall violate the provisions of this article shall be subject to a fine not exceeding $200 or imprisonment not exceeding 30 days, or both, in the discretion of the court hearing the same.
[Adopted 10-12-1988 by Ord. No. 13-1988; amended in its entirety 11-25-2002 by Ord. No. 23-2002]

§ 235-5 Purpose.

The purpose of this article is to regulate and control the collection of solid wastes within the City of Linwood and to comply with the Atlantic County recycling plans by establishing a mandatory program for recycling which will result in the reduction of the amount of solid waste to be disposed of, will reduce the cost of landfill disposal fees, and extend the life of the landfill, and at the same time the separation, collection and sale of recycled materials will reduce the financial burden of solid waste disposal.

§ 235-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
ASHES
The residue from fires used for cooking foods and heating fires within residential units.
BULK ITEMS
Any large, heavy and/or bulky household appliances, furniture and furnishings, which cannot easily and safely be placed in the common collection vehicles used for removal of solid waste within the City of Linwood.
CARDBOARD or CORRUGATED PAPER
Clean, heavy box materials commonly known as "cardboard boxes" and similar heavy-paper packaging containers that are free of plastic, foam and other contaminants, also including food-packaging boxes and other commercial packaging that is free of food contaminants, plastic, wax and foam materials that would make it undesirable for recycling purposes.
COMMERCIAL ESTABLISHMENTS and MULTIFAMILY RESIDENCES
Those properties used primarily for commercial purposes and those multiple dwelling residential buildings containing more than four dwelling units.
CONSTRUCTION DEBRIS
Any scrap lumber, metal, earth, sand, bricks, stone, plaster, roofing and siding material, and other debris of a similar nature which accumulates and is incidental to the construction or renovation of homes, buildings, public works or other projects.
FERROUS CONTAINERS
Empty steel or tin food or beverage containers.
GARBAGE
Any animal or vegetable wastes solids resulting from the handling, preparation, cooking or consumption of foods, but not including human wastes.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
HAZARDOUS WASTE
All waste which is deemed to be chemical waste, hazardous waste, or infectious waste as defined by N.J.S.A. 7:26-1.4, and which shall include but not be limited to wastes which are flammable, corrosive or explosive or which by themselves or in combination with other waste would be hazardous to life or property.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, including but not limited to hospitals, schools, nursing homes, libraries and governmental offices.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled. Newspapers shall be deemed soiled if they have been exposed to substances or conditions rendering them unusable for recycling.
NONRESIDENTIAL USER
Any type of commercial, industrial, or business establishment, conducting a business whether for pecuniary profit or not for pecuniary profit and any apartment house, hotel, country club, or dwelling house having more than two dwelling units.
PERSON
Every owner, lessee and occupant of a residence, commercial or institutional establishment within the boundaries of the City of Linwood.
RECYCLABLE MATERIALS
Those materials which would otherwise become municipal solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RESIDENCE
Any occupied single or multifamily dwelling having up to four dwelling units per structure from which a municipal or private hauler collects solid waste.
RESIDENTIAL USER
A dwelling unit inclusive of a house or a multifamily dwelling of two or less units used for residential purposes.
RUBBISH
Includes rags, old clothes, leather, rubber, carpets, wood, sawdust, tree branches, yard trimmings, wood furniture and other combustible solids not of a highly volatile or explosive nature, metals, metal shavings, tin cans, glass, crockery, and other similar materials, exclusive of trade waste and waste resulting from building construction or alteration work, and exclusive of cellar or yard dirt.
SOLID WASTE
Garbage, refuse and other discarded solid material normally collected by a municipal or private hauler.
SOLID WASTE COLLECTION CONTRACTOR
A person or firm for hire, properly licensed in the State of New Jersey for the purpose of collection of solid waste and solid waste materials.
STREET, SIDEWALK, CURB, ALLEY
Any accepted public street, curb, sidewalk or alley.
TRADE WASTE
All material resulting from the prosecution of any business, trade, or industry, whether or not conducted for profit, and shall include paper, rags, leather, rubber, cartons, boxes, wood, sawdust, garbage, combustible and noncombustible solids except manure, metals, metal shavings, wire, tin cans, cinders, and other materials exclusive of wastes resulting from building construction or alteration work.
WASTE MATERIAL
Includes any and all garbage, refuse paper, ashes and wastes from building construction or alteration work, regardless of how originating and shall also include cellar or yard dirt.

§ 235-7 Mandatory separation program established.

There is hereby established a program for the mandatory separation of the following recyclable materials from the municipal solid waste stream by all persons within the City of Linwood, hereinafter referred to as the "municipality:"
A. 
Aluminum cans.
B. 
Ferrous containers.
C. 
Glass containers.
D. 
Newspapers.
E. 
Leaves, grass and brush.
[Amended 5-9-2012 by Ord. No. 8-2012]
F. 
Plastic bottles and jugs imprinted with a "1" or "2."
[Added 5-9-2012 by Ord. No. 8-2012]
G. 
White goods.
[Added 5-9-2012 by Ord. No. 8-2012]
H. 
Asphalt and concrete.
[Added 5-9-2012 by Ord. No. 8-2012]
I. 
Propane tanks.
[Added 5-9-2012 by Ord. No. 8-2012]
J. 
Consumer electronics.
[Added 5-9-2012 by Ord. No. 8-2012]
K. 
Motor oil, kerosene and No. 2 home heating oil.
[Added 5-9-2012 by Ord. No. 8-2012]
L. 
Antifreeze.
[Added 5-9-2012 by Ord. No. 8-2012]
M. 
Sealed lead acid (SLA) batteries.
[Added 5-9-2012 by Ord. No. 8-2012]
N. 
Consumer rechargeable batteries.
[Added 5-9-2012 by Ord. No. 8-2012]
O. 
Tires.
[Added 5-9-2012 by Ord. No. 8-2012]
P. 
Paper products.
[Added 5-9-2012 by Ord. No. 8-2012]
Q. 
Aerosol containers.
[Added 9-10-2014 by Ord. No. 15-2014]
R. 
Auto/truck bodies.
[Added 9-10-2014 by Ord. No. 15-2014]
S. 
Block/brick.
[Added 9-10-2014 by Ord. No. 15-2014]
T. 
CFC refrigerants.
[Added 9-10-2014 by Ord. No. 15-2014]
U. 
Fluorescent bulbs.
[Added 9-10-2014 by Ord. No. 15-2014]
V. 
Oil-contaminated soil.
[Added 9-10-2014 by Ord. No. 15-2014]
W. 
Oil filters.
[Added 9-10-2014 by Ord. No. 15-2014]
X. 
Textiles.
[Added 9-10-2014 by Ord. No. 15-2014]

§ 235-8 Separation of recyclables; placement for disposal.

[Amended 5-9-2012 by Ord. No. 8-2012]
The recyclable materials designated in § 235-7 of this article shall be put in a suitable container, separate from other solid waste, and placed at the curb or such other designated area for collection at such times and dates as may be hereinafter established in the municipality's recycling regulations. The container for recyclable materials shall be clearly labeled and placed at the curb or such other designated area for each collection.

§ 235-9 Separation of leaves; placement for disposal.

All persons within the municipality shall, for the period from March 1 through December 31 of each year, separate leaves from other solid waste generated at their premises and, unless the leaves are stored or recycled for composting or mulching on the premises, place the leaves at the curb or other designated area for collection at such times and dates and in the manner established by the municipality's recycling regulations.

§ 235-10 Collection.

A. 
Every residential user placing garbage, paper, ashes and rubbish herein defined, for collection from, on, or in connection with residential property or residential unit, which property shall be within the boundaries of the City of Linwood, may have collection and removal provided for them by the City of Linwood subject to the rules and regulations set forth within this article.
B. 
Disposal of trade waste, waste material, construction debris, hazardous waste, and any items of solid waste not acceptable for collection as specified within this article, shall be the responsibility of property owner or his agent, the construction contractor or the producer thereof to have the construction debris and/or trade waste, waste material, and hazardous waste removed and disposed of at his expensive by a solid waste collection contractor and the City of Linwood shall not be responsible therefor.
C. 
The City of Linwood shall not be responsible to furnish collection vehicles or personnel to remove and dispose of more than five containers of solid waste of nonresidential users within the City of Linwood, unless otherwise dictated by City Council.

§ 235-11 Preparation of solid waste for collection.

A. 
Containers shall be provided by the owner, tenant, lessee, or occupant of the premises. Refuse containers shall be maintained in a clean, safe and good condition. Any container that does not conform to the provisions of this article or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall not be utilized. The collector shall have authority to refuse collection services for failure to comply herewith.
B. 
Appropriate containers:
(1) 
The containers shall be of galvanized or plastic composition, shall not exceed 40 gallons in capacity, shall be no heavier than 50 pounds when filled, shall have a lid or cover and shall have two sturdy handles.
(2) 
Plastic bags not less than two mils thick nor larger than 40 gallons may be used if properly tied.
(3) 
Substitute containers may be used in place of approved containers such as another bag, which is water repellant and animal repellant, treated paper garbage and refuse bags or bag of similar nature. These bags shall not be less than two mils thick nor larger than 40 gallons. All bags used shall be properly tied and secured so as to prevent escape of solid waste.
C. 
All garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper and placed in a receptacle as herein before set forth.
D. 
All grass, weeds, lawn clippings, leaves, and similar growths shall be placed in a container or recyclable biodegradable yard waste bag so that they may be readily emptied. The total volume of such grass, weeds, and lawn clippings and similar growths shall not exceed 12 such packages in any one day's collection.
E. 
All broken glass or any other dangerous materials shall be placed in a secure container to facilitate safe loading of broken glass or other dangerous material.
F. 
All ashes shall be placed in a container covered in such a manner as to prevent contents of the container from becoming wet due to rain or snow. Ashes shall be cold and free from any hot coals to prevent the possibility of fire, and the container with the ashes shall not exceed 40 pounds in weight.
G. 
Hedge and shrubbery clippings, tree trimmings and garden refuse will be accepted only if securely tied in bundles not exceeding 36 inches in length and 24 inches in diameter. The total volume of such hedge or tree trimmings shall not exceed 12 such packages in any one day's collection.
H. 
Household furniture will be accepted. However, separate arrangements must be made by the individual owner with the City of Linwood for the purpose of removal of said items.
I. 
No persons shall place on the curb or anywhere else for purposes of collection any explosive of highly flammable materials or hazardous waste inclusive of but not limited to benzine, gasoline, petroleum, explosive powder, pool chemicals, nitrocellulose film, unbroken fluorescent tubes, or portable propane gas tanks.
J. 
Large bulky items such as stoves, beds, crates, etc. shall not be collected with the regular garbage and trash pickup but may be collected in accordance with a schedule as determined by the Department of Public Works for the City of Linwood upon a specific request by a residential user.
K. 
Items such as refrigerators, freezers and air conditioners require a hazardous handling fee of $15 to be paid to the City of Linwood prior to collection and will be collected in accordance with a schedule as determined by the Department of Public Works for the City of Linwood.
L. 
The City of Linwood, through its Department of Public Works, reserves the right to refuse excessively bulky or heavy items and will not dispose of items such as motor engine blocks, automobile bodies or portions thereof, truck bodies or parts, and other such items not ordinarily collected in the ordinary course of trash collection. No refrigerators shall be placed for collection or disposal unless and until the door of the refrigerator and/or freezer has been completely removed from the hinges and the lock has been rendered inoperable.
M. 
Arrangement for disposal of trees and stumps shall be made by the owner, occupant or person in control of the premises and shall not be collected by the City of Linwood.
N. 
Each container of solid waste shall be placed on level ground or surface by the property owner, tenant or other person placing garbage for collection, or from whose property such garbage is proposed to be collected, so that it does not easily upset.
O. 
If any container of garbage is upset or overturned other than by the City employees engaged in garbage or refuse collection, the property owner, tenant or other person placing the garbage for municipal collection shall promptly clean up such spill of garbage and restore it to a suitable container as defined herein before.
P. 
All items referred to in this article for collection shall be placed at the curbline where easily accessible by the municipality or private disposal.
Q. 
If any container of garbage is upset or overturned by a municipal employee other than as a result of improper preparation by the residential user, the municipal employee shall immediately collect such garbage and dispose of same in the collection vehicle.
R. 
If any City employee in the course of his duties observes noncompliance with any of the regulations of this article he shall immediately notify the tenant or land owner of noncompliance and the reason for not making the collection. Such notice may be given personally or by written statement left on the premises. Each such instance of noncollection shall be reported to the Supervisor of the Department of Public Works by the person in charge of the particular truck not making the collection.
S. 
Paper drums or plywood drums shall not be utilized for the storage of garbage, refuse or ash and containers of this type will be collected by the municipality and disposed of.
T. 
No person shall place in any receptacle any garbage, refuse or any other material which could be injurious to the collectors of the municipality.
U. 
No trash or garbage shall be deposited upon any public street nor any other public place except at the curb for collection by the municipality in accordance herewith.
V. 
Receptacles by nonresidential users must meet the minimum requirements as set forth herein. However, said receptacles can be larger in size so long as they are covered to prevent any refuse from being scattered about by wind or other elements, are rodent-proof, are cleaned and sanitized as required, and are conveniently located on the premises for storage of refuse and are maintained in such a manner as to prevent creation of a nuisance or menace to the public health. Nonresidential users shall arrange to have refuse removed daily unless suitable facilities are provided for the storage of solid waste until its removal.
W. 
When a residential user elects to clean up accumulated refuse from cellars, back yards, alleys, attics, spare rooms and excess furniture, it shall be the obligation of the residential user to place such material in such quantity and in such a manner as not to create a public nuisance and safety hazard and if the accumulation of solid waste exceeds more than five containers prepared in accordance with this article, the residential user shall either make special arrangements with the Supervisor of the Department of Public Works to have the materials picked up in accordance with a schedule established by the Department of Public Works or shall arrange for private collection thereof.
X. 
Municipal employees shall not be required to make garbage or trash collection from the premises of any residential user whereon a dog is permitted to run loose.
Y. 
No person or persons shall prevent or interface with any agent, servant, or employee of the City or any authorized contractor or collector of garbage, trash, or refuse, or his employees engaged in the discharge of their duties, in the sweeping or cleaning of any street or removal therefrom of sweepings, ashes, garbage, rubbish or paper or other refuse materials or in the collection of garbage, trash, waste, ashes, rubbish or similar material.

§ 235-12 Collection schedules.

Collection from residential users shall be in accordance with a schedule announced by the Department of Public Works within the City of Linwood. This schedule may be from time to time amended upon notice to counsel and publication.

§ 235-13 Set-out time.

A. 
For collection pursuant to a schedule announced by the Department of Public Works within the City of Linwood, all approved containers must be placed at the curbline where easily accessible. No containers shall be set out prior to 5:00 p.m. on the day prior to collection and all containers shall be removed by 8:00 p.m. on the collection day.
B. 
When a regular collection day falls on a legal holiday, containers shall not be set out until the next regularly scheduled collection unless special announcement of collection is made by the City.

§ 235-14 Regulation of collection.

A. 
Collection shall be done in a quiet and orderly manner in compliance with all applicable statutes and noise ordinances within the City of Linwood.
B. 
All solid waste collection contractors shall comply with the ordinances of the City and rules and regulations and orders of the Department of Public Works, as well as all applicable state, county, and federal laws and regulations.
C. 
All vehicles of solid waste collection contractors shall be of a closed type and of such construction and loaded in such a fashion that no part of the contents shall fall, leak or spill therefrom.

§ 235-15 Placement for collection.

A. 
All materials set or placed for collection by residential users shall be set or placed as near as possible upon or along the curbline and shall not be set or placed in any gutter, road or on any walk, sidewalk or public thoroughfare so as to interfere with public travel.
B. 
City collectors of solid waste are prohibited from entering upon any unaccepted lands, streets, service area, driveway or alleys or any privately owned buildings or portion of any such buildings for purpose of removing refuse materials to the curb and if solid waste of residential users is not placed in accordance with this article, the municipal collector will not accept the waste for collection.
C. 
When it shall appear to be more efficient for collection by the municipality, the municipality on written request or permission by the owner may authorize township collectors to enter upon and collect garbage and refuse placed at the curbline or sideline of such unaccepted streets, lanes, alleys, driveways, service areas or other thoroughfare area as they may designate, subject to such conditions as they may impose. Such collection service shall not, however, be construed to be an acceptance of any such unaccepted thoroughfare or area.

§ 235-16 Transportation from outside the municipality.

A. 
No person shall bring, cart, remove, transport or collect any solid waste whether garbage, paper, ashes, rubbish, waste materials, construction debris, bulk item, hazardous waste or trade waste, from outside this municipality or into this municipality for purpose of dumping or disposing thereof.
B. 
No person shall bring, cart, remove, transport or collect any trade waste, waste materials, construction debris, hazardous waste or bulk item from a nonresidential user and place same for collection with the solid waste of a residential user and, in these locations where residential and nonresidential users are located on the same premises, the solid waste shall be disposed of separately and in accordance with this article.

§ 235-17 Collection by unauthorized persons unlawful.

It shall be a violation of this article for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in § 235-7 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 235-18 Solid waste in lakes and fountains.

No person shall throw or deposit paper, garbage, ashes, waste, rubbish or any other litter or waste materials in any fountain, pond, lake, stream or any body of water in a park or elsewhere within this municipality.

§ 235-19 Refusal to collect.

Any solid waste placed for collection by a residential user not in accordance with this article will be refused by the municipal collector and it shall be the responsibility of the residential user to remove said solid waste from the curbline and have it properly containerized, packaged or secured for purposes of collection on the next scheduled date or the residential user shall have same disposed of privately by a solid waste collection contractor.

§ 235-20 Violations and penalties.

A. 
Any person violating any provision of this article, or any regulations adopted hereunder, shall be subject to a fine of $25 for the first offense, and for each additional offense, not less than $25 nor more than $500 for each offense.
B. 
Each and every day in which a violation of any of the provisions of this article exists shall constitute a separate offense.

§ 235-21 Exemption from source separation; documentation of materials recycled.

The Council of the municipality may exempt persons occupying commercial and institutional establishments from the source separation requirements of § 235-8 of this article if those persons have otherwise provided for the recycling of recyclable materials designated in § 235-7 of this article. To be eligible for an exemption under this section, the person seeking the same shall, prior to June 1 of each year, provide written documentation to the municipality of the total amount of materials recycled during the preceding calendar year.