[Adopted 7-11-1989 (Ch. 59, Art. III, of the 1974 Code)]
All receptacles required in this article of the Code of the
Borough of Westville shall be supplied by the occupant or owner of
the premises and shall be a container constructed of such material
and in such a manner as to hold solid waste and trash and other such
items without breaking or collapsing. Receptacles shall have handles
and covers so that contents therein are not exposed to the weather,
animals and vermin. A disposable plastic bag shall constitute a receptacle
if it is of sufficient strength to hold its contents without breaking
when collected. The receptacle shall be of such a design and weight
as to be able to be conveniently handled by one person. No container
shall exceed a weight of more than 50 pounds when loaded. Commercial
garbage receptacles, fifty-five-gallon drums and dumpsters are not
acceptable as containers. Receptacles which, in the opinion of the
Department of Public Works, are badly broken or fail to meet the requirements
of this article may be classified as garbage.
A.
It shall be the duty of every owner, tenant, lessee or occupant of
every building within the corporate limits of the Borough of Westville
to provide or cause to be provided and to keep on the premises at
all times suitable closed covered trash receptacles for receiving
and holding household trash, business trash, garbage, recyclable materials
and other animal and vegetable refuse that may accumulate or be collected
in said building.
B.
Any trash receptacle or dumpster that is visible to the public from
the street shall be maintained in an enclosure. The enclosure shall
be adequate to hide the trash receptacle or dumpster from public view.
It shall be the duty of every owner, tenant, lessee or occupant of
every building within the corporate limits of the Borough of Westville
to obtain the approval of the Construction Official for the enclosure
and obtain a permit from the Construction Office.
Property owners and their agents, lessees, tenants or other
occupants of apartment complexes with eight or more units shall place
their trash in a single area, maintained in an environmentally safe
and sound manner, as approved by the Superintendent of Public Works
or his/her nominee. The containers for such trash shall not exceed
the specifications for receptacles as established in this article.
The following limitations and restrictions shall be imposed:
A.
Professional and commercial establishments that generate only household
trash as defined in this article shall be permitted to place their
trash at the curb for regular pickup.
B.
No industrial properties shall be collected, and such entity must
make independent collection arrangements at least weekly.
C.
Bulky waste as defined in this article will be collected at the curb
at times established by the Superintendent of Public Works. All doors
must be removed and sealed compartments rendered unsealable. All toxic
solvents and hazardous materials must first be removed and disposed
of by the resident or agent.
D.
No hospital/red-bag waste as defined in § 318-5 shall be collected. Any health care provider must make independent arrangements for the weekly disposal of same.
F.
All receptacles shall be conveniently placed by the owner, tenant,
lessee or occupant of the building on the curbline no earlier than
6:00 p.m. on the evening before the designated day of collection and
shall be removed by 7:00 p.m. on the date of designated collection.[2]
G.
No owner, tenant, lessee or occupant of any residential, commercial
or industrial building in the Borough of Westville shall bring trash,
garbage, vegetable or animal waste, construction debris or any other
material classified as solid waste for collection from other locations
outside the Borough of Westville.[3]
Waste disposal service shall be provided to governmental and
institutional properties (federal, state and/or county).
The following items are prohibited from being placed for collection:
A.
Building materials, including but not limited to bulk roof shingles,
dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard,
sheetrock, etc., provided that such materials are the result of work
performed by private contractors and not by the person residing in
or owning the property from which the materials came. It shall be
the responsibility of the homeowner to dispose of the materials described
herein in the event that construction work is performed by a private
contractor.
B.
Hot ashes, dirt, earth, stone, blacktop, concrete, concrete block,
bricks and macadam. The Superintendent may establish rules and regulations
regarding the collection of certain of these items from private homeowners.
C.
Industrial waste, including but not limited to processed scrap materials,
packing materials and certain hazardous and dangerous materials, such
as acids, paints, fluorescent tubes, bulk amounts of glass, toxic
materials and highly volatile or explosive matter, either in liquid,
gaseous or solid form.
D.
Bulk automotive parts, including but not limited to transmissions,
engines, rear ends, wheels, mufflers and other bulk items normally
produced in quantity by vehicular repair operations.
E.
Surgical dressings, syringes and disposable hospital-type waste items,
also known as "red-bag waste."
F.
New and used motor oils, petroleum-based products or antifreeze.
G.
Hazardous waste classified pursuant to regulations issued by the
New Jersey Department of Environmental Protection (NJDEP), adopted
under authority of N.J.S.A. 13:1D-9 and 13:1E-6, as amended. Toxic
chemicals commonly known as "commercial hazardous waste" and "household
hazardous waste" would be excluded.
H.
Large bulky items such as wood pallets and any other material or
items emanating from a business, other than household trash.
A.
Domestic or household bulky items, such as washing machines, dryers,
refrigerators, stoves, household appliances and other household furnishings,
such as chairs, sofas, rugs, padding, etc., shall be placed at the
curb for collection as regulated by the Superintendent of Public Works.
No bulky item shall be of a weight or be of a size greater than can
be conveniently handled by two persons.
B.
It shall be a violation of this article for any individual, association,
partnership or corporation to leave outside of any building or dwelling,
in a place accessible to children, any abandoned, unattended or discarded
icebox, refrigerator, freezer or dishwasher or any other item of any
kind which has an airtight door, with or without lock, without first
removing said airtight door.
C.
It shall be a violation of this article for any individual, association,
partnership or corporation to conduct a repair or salvage operation
and use the services of the Borough for solid waste collection.
Branches and bulky tree limbs will be collected at certain times
designated by the Borough. They shall first be deposited at the street
curb, if one exists, but not on the street pavement if there is no
curb. Branches and bulky tree limbs may be placed at the curb in reasonable
piles prior to the scheduled collection. At no other time will branches
and tree limbs be collected. No tree trunks shall be collected. The
Borough shall notify the residents in advance of the date.
During the months of October, November and December, as established
by the Superintendent of Public Works, there shall be leaf collection.
During this time, leaves must be bagged and placed in neat piles at
the curb or pavement edge for collection, provided that the piles
do not constitute a traffic hazard. Residents gathering leaves for
collection after said special leaf collection of October, November
and December shall be required to contain the leaves in reusable receptacles
for their next regularly scheduled waste collection and must obtain
permission of the Borough before placing the leaves out for collection.
Yard waste shall not be collected by the Borough of Westville.
Property owners and their agents, lessees, tenants or other
occupants who place materials not in accordance with this article
shall hold harmless and indemnify for any or all losses the Borough
of Westville, its employees and agents for all costs, direct and indirect,
which are attributable, in the sole discretion of the Borough, to
materials which were placed for collection in violation of the terms
of this article.
This article shall be enforced in Municipal Court upon a complaint
signed by a member of the Superintendent of Public Works or the Police
Department of the Borough of Westville. Further, once a complaint
has been signed and issued, the responsibility for disposal of solid
waste shall lie with the violator and/or shall be processed as a lien
against the property and in accordance with law.
The Mayor and Borough Council may issue regulations or pass
a resolution, or, in the absence of same, the Superintendent of Public
Works may issue regulations, exempting from total or partial compliance
those residential properties whose sole occupant or occupants are
unable to meet the requirements of this article by reason of a physical
disability.
The Borough of Westville shall assume ownership of items or
materials classified as recyclable upon collection by the Borough
or upon delivery to a municipal dropoff center specified herein.
It shall be unlawful for any person or persons other than the
person or persons designated by and/or bound under contract to the
Borough of Westville to gather and remove or attempt to remove any
garbage or other animal and vegetable refuse within the corporate
limits of the Borough of Westville.
A.
Upon classification of an item or material presently or prospectively
a part of the commingled solid waste flow as recyclable, residential
and other property owners shall cause themselves or their agents,
lessees, tenants or their occupants to separate said item or materials
separately for collection, whether said collection is performed by
a municipal agency or private contractor.
B.
On or after a date fixed by resolution and in accordance with the
term thereof, it shall be mandatory for all persons who are owners,
lessors, renters or occupants of residential dwellings and commercial,
industrial and institutional properties in the Borough of Westville
to separate recyclable materials from all other solid waste generated.
Commercial, industrial and institutional properties that are not serviced
by the Borough shall be required to negotiate with their private hauler
for the pickup of recyclables or may negotiate with the Borough for
pickup of same.
C.
At the present time, the waste materials designated as recyclable
by the Borough of Westville are:
The Superintendent of Public Works is hereby authorized and
directed to promulgate such reasonable regulations as to the manner,
days, times, fees, etc., for the collection of solid waste in accordance
with the terms hereof and shall forward such regulations to the Borough
Committee for adoption by resolution. Such regulations may be amended
from time to time as needed to encourage the operation of the collection
program.
A.
Each such collection in violation of this article and each day a
violation or neglect is committed or permitted to continue shall constitute
a separate offense and be punishable as such.
B.
C.
Any owner, occupant, person, firm or corporation who violates or
neglects to comply with any provision of this article or any rule,
regulation or directive promulgated pursuant thereto shall, upon conviction
thereof, have the garbage, refuse and debris collection for the property
subject to such violations discontinued.
