[Adopted 12-13-1995 by Ord. No. 1995-22]
A.
The purpose of this ordinance is to regulate and control the collection,
transportation and disposal of solid waste within the Township of
Mansfield, County of Burlington and State of New Jersey, in a safe,
efficient and economical fashion.
B.
The intent of the Township of Mansfield is to collect, transport
and dispose of solid waste generated from residences and businesses
within the township, as hereinafter described.
C.
All collection, transportation and disposal of solid waste within
the township shall be performed in accordance with the terms, conditions
and regulations of this ordinance and with such additional regulations
as the Township Committee, the Township Board of Health, the County
of Burlington and State of New Jersey may prescribe in whatever statutory
form required.
A.
The word "shall" is always mandatory and not merely discretionary
and is to be so applied in all instances.
B.
ANIMAL AND FOOD PROCESSING WASTES
ASHES
BAGS
BULK WASTE
BUNDLES
CHLOROFLUOROCARBON (CFC)
COMBUSTIBLE WASTE
COMMERCIAL
CONSTRUCTION DEBRIS
CONTAINERS
DRY SEWAGE SLUDGE
GARBAGE
GOVERNING BODY
HAZARDOUS WASTE
HOSPITAL/RED BAG WASTE
INDUSTRIAL WASTE
LIQUID SEWAGE SLUDGE
PERSON
RECYCLING DROPOFF
RECYCLABLE MATERIALS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
RESIDENT
RESIDENTIAL SOLID WASTE
SEPTIC TANK CLEANOUT WASTES
SOLID WASTE
SOLID WASTE COLLECTION
SOURCE SEPARATE
TOWNSHIP
TRADE WASTE
VEGETATIVE WASTE
The following words and terms shall have the meanings set forth hereafter
when utilized in this ordinance.
Processing waste materials generated in canneries, slaughterhouses,
package plants or similar industries. Also included are dead animals.
Residual from the burning of wood, coal, coke or other combustible
materials (must be cold).
Plastic, fiber or multi-ply paper designed for outdoor storage
or refuse. "Bags" must be securely tied and sealed to prevent emission
of odors, be of a material liquids and grease will not penetrate and
be at sufficient strength to contain the solid waste enclosed without
ripping or tearing when lifted from the top under normal handling.
The total weight of a "bag" of waste shall not exceed fifty (50) pounds.
If a "bag" breaks while being lifted, such "bag" shall not be considered
of appropriate strength as to be used for containment of solid waste.
For bulk pickup only and includes large items of waste material
such as appliances, furniture, room air conditioners, stoves, washing
machines, dryers, freezers, hot-water heaters, bedsprings, mattresses,
sofas and bulky items of a household nature. This does not include
automobiles, loose leaves, trees, tree trunks, branches, stumps, automobile
parts or tires.
Normally loose items that would be collected if organized
into bundles of not more than four (4) feet in length and tied with
twine. "Bundles" shall be organized as to be conveniently handled
by one (1) person. No "bundle" shall exceed fifty (50) pounds in weight.
Also known as "hydrochlorofluorocarbon (HCFC)" and registered
as Freon A family of chemical substances used as solvents, accelerant,
blowing or refrigerant agent used in cooling appliances, refrigerators
and air conditioners. CFC/HCFC's are not allowed to leak into the
air or atmosphere but are required to be contained, cleansed and recycled
as of July 1, 1992, under federal regulations and N.J.A.C. 7:26A,
Subchapter 5. Because CFC/HCFC's are widely believed to be associated
with depletion of the Earth's ozone layer, before any of the appliances
utilizing CFC/HCFC can be recycled as white goods, the refrigerant
shall be removed or its removal attested to by appropriate certification.
Yard trimmings, rags, waste wood and all other combustible
waste solids of a nonvolatile and nonexplosive nature.
Any person or other entity operating a business or trade,
industry or other activity which is carried on for profit.
Waste building materials resulting from construction, remodeling,
repair or demolition operations performed by a resident.
A standard watertight vessel designated and constructed for
the storing of garbage, refuse, rubbish and trash made of metal or
other material of a substantial nature with a tight-fitting lid or
cover so constructed as to prevent spillage of its contents, with
handles for carrying. Standard solid waste "containers" shall not
have a volume larger than thirty (30) gallons and shall not weigh
more than fifty (50) pounds when placed at the curb or roadside for
collection.
Sludge from a sewage treatment plant which has been digested
and does not require liquid handling equipment.
Animal and/or vegetative waste resulting from the handling,
preparation, consumption or cooking of food and shall include any
fecal waste from any animal or bird; solid waste or animal or vegetable
matter from houses, kitchens, restaurants, hotels and produce markets;
or any other source of food of any kind to be thrown away.
The Township Committee of the Township of Mansfield.
Any waste or combination of wastes which pose a present or
potential threat to human health, living organisms or the environment,
including but not limited to waste material that is toxic, carcinogenic,
corrosive, irritating, sensitizing, biologically infectious, explosive,
flammable or radioactive and any waste so designated by the United
States Environmental Protection Agency (USEPA) or the New Jersey Commissioner
of the Department of Environmental Protection.
Includes but is not limited to all instruments, supplies,
containers, bandages, tubing, gloves, etc., used by health care practitioners
and facilities as described in New Jersey Department of Health regulations
and applicable New Jersey law. It must be disposed of following same.
Waste materials resulting from manufacturing, industrial
and research and development processes and operations and which are
not hazardous in accordance with the standards and procedures set
forth in N.J.A.C 7:26-8. Also included are nonhazardous chemical waste
and asbestos and asbestos containing waste managed in accordance with
40 CFR 61 and N.J.A.C 7:26-28.8(1).
Liquid residue from a sewage treatment plant consisting of
sewage solids combined with water and dissolved materials.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, municipality, other governmental agency or any group of
such persons which is recognized by law as the subject of rights and
duties. In any provisions herein prescribing a fine, penalty or imprisonment,
the term "person" shall include the officers and directors of a corporation
or other legal entity having officers and directors.
Any facility designated and operated solely for the receiving
and storage of source-separated nonputrescible metal, glass, paper,
plastic containers and cardboard.
All materials which would otherwise become solid waste and
which can be collected, separated or processed and returned to the
economic mainstream in the form of raw materials or products, including
but not limited to the following:
BATTERY(IES)All types of batteries from flashlights, radios, appliances, automobiles, cameras, etc., whether rechargeable or not.
CANSContainers composed of aluminum, tin, steel or a combination thereof, which container formerly contained only nonhazardous substances or such other substances as have been approved for recycling by the Burlington County Office of Waste Management (OWM).
ALUMINUM CANSContainers which are composed entirely of aluminum and which containers formerly contained only nonhazardous substances.
BIMETAL CANSEmpty containers which are made up of a mixture of various metals (aluminum, steel, tin) and which formerly contained only nonhazardous substances.
TIN CANSEmpty containers which are comprised of tin and/or steel sides, tops or bottoms and which formerly contained only nonhazardous substances.
CARDBOARDAll corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material but excluding plastic, foam or wax-coated or soiled corrugated cardboard.
GLASSAll clear (flint), green and brown (amber) colored glass containers. "Glass" shall not include crystal, ceramics, light bulbs and plate, window, laminated, wired or mirrored glass.
PAPERAll newspapers, high-grade office paper, fine paper, bond paper, office paper, xerographic paper, mimeo paper, duplication paper, magazines, paperback books, school paper, catalogues, computer paper, telephone books and similar cellulosic paper, but excluding wax paper, plastic- or foil-coated paper, glassine paper, thermal/fax paper, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.
PLASTIC CONTAINERAny empty formed or molded rigid container, hermetically sealed or made airtight with a metal or plastic cap, with a minimum wall thickness of not less than ten-thousandths (0.010) inch and composed primarily of thermoplastic synthetic polymeric material.
WHITE GOODSHousehold appliances, including but not limited to hot-water heaters, washers, dryers, ranges and refrigerators with doors removed. "White goods" shall not mean hot-water heaters, washers, dryers, ranges and refrigerators generated by a commercial vendor.
YARD WASTEGrass clippings, to include products of pruning lawn grass, flowers and weeds, brush and to include products of pruning trees, shrubs or vines, tree limbs, branches, trunks and stumps.
Any human being in the township on a temporary or permanent
basis but excluding persons residing in hotels or motels.
All solid waste generated by any resident within the township.
Pumping from septic tanks and cesspools. Not included in
this type of waste are wastes from a sewage treatment plant.
Any 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 collected
by swine producers licensed by the State Department of Agriculture
to collect, prepare and feed such wastes to swine on their own farm.
The activity related to pickup and transportation of solid
waste from its source or location to a transfer station or other authorized
solid waste facility.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
The Township of Mansfield, County of Burlington and State
of New Jersey.
All material resulting from the operation of any business,
trade or industry conducted for profit, and including paper, rags,
leather, rubber, cartons, boxes, wood, excelsior, sawdust, garbage
and other combustible solids, except manure, not considered by the
township to be of a highly volatile or explosive nature, metals, metal
shavings, wire, tin cans, cinders, earth and other materials, but
not the wastes resulting from building construction or alteration
work.
Waste materials from farms, plant nurseries and greenhouses
that are produced from the raising of plants. This waste includes
such crop residue as plant stalks, hulls, leaves and tree waste processed
through a wood chipper.
The collection and disposal of solid waste shall be done in
accordance with the provisions of this ordinance and shall be subject
to such additional rules and regulations as the Township Committee
may, from time to time, prescribe.
The occupant of each property in the Township of Mansfield shall
supply solid waste containers as herein prescribed.
A.
All forms of garbage/solid waste shall be bundled, placed in closed
bags or containers with handles so that, when lifted by collection
personnel, the bundle, bag or container does not spill or fall apart
on the street. The bundle, bag or container must also conform to the
following criteria:
(1)
Must not exceed fifty (50) pounds gross unless special arrangements
have been made or exceed a thirty-gallon container.
(2)
Must be reasonably easy to handle by one (1) person.
(3)
Must not exceed seventy-two (72) inches in any dimension (width of
opening in truck).
(4)
Must not weaken or dissolve when wet from rain or snow.
(5)
Must have clean grab points.
(6)
Must be thoroughly drained of all liquids.
(7)
Must resist high wind scattering of garbage.
(8)
Must not contain any recyclable material.
B.
Glass must be placed in a closed container labeled "Warning - Broken
Glass."
C.
The number of bundles, bags or containers must not exceed six per
household or business on any given collection day unless prior arrangements
have been made.
D.
Bulk waste will be collected separately.
E.
Refrigerators, freezers, dryers or any other appliance that has an
airtight seal must have its door removed prior to being put out for
recycling and must follow the township schedule.
F.
Any appliances utilizing CFC/HCFC must have the refrigerant removed
and/or its removal attested to by appropriate certification prior
to pickup.
Solid waste programs shall consist of the following:
A.
Residential solid waste pickup. Residential solid waste pickup shall
be once each week. All bundles, bags and containers shall be placed
adjacent to the street by 6:00 a.m. on the morning of scheduled collections
but not earlier than the evening of the day preceding a scheduled
collection day. Any container shall be removed no later than the evening
of the scheduled collection day.
[Amended 8-15-2018 by Ord. No. 2018-8]
B.
Trade solid waste pickup. Trade solid waste pickup shall be once
each week, not to exceed six bundles, bags or containers per pickup
unless special arrangements are made with the Township. All bundles,
bags and containers shall be placed adjacent to the street by 6:00
a.m. on the morning of scheduled collections but not earlier than
the evening of the day preceding a scheduled collection day. Any container
shall be removed no later than the evening of the scheduled collection
day. Waste not collected by the Township shall be removed from the
curbside and/or disposed of by the occupant of the property no later
than the evening of the scheduled collection day.
[Amended 8-15-2018 by Ord. No. 2018-8]
C.
Bulk solid waste pickup. Bulk pickup shall be specifically arranged
with the Township. All bulk items, including white goods, shall be
stored inside a building or storage shed on a resident's property
and shall not be placed at the street side later than 6:00 a.m. on
the scheduled collection day nor earlier than the evening of the day
preceding the scheduled collection day. Bulk trash generated by commercial
or professional movers, handlers, cleaners, builders or installers
shall be removed by private service.[1]
[1]
Editor’s Note: Former Subsection D, requiring the payment
of a fee for the pickup and removal of white goods containing chlorofluorocarbons,
added 8-25-1999 by Ord. No. 1999-17, was repealed 7-12-2017 by Ord.
No. 2017-8.
A.
Trade waste created as a result of business outside a residence or
place of business within the Township will not be collected by the
Township, its designated agents and/or employees.
B.
The following types of solid waste will not be collected by the Township
from either residence or business/commercial/professional properties:
A.
It shall be unlawful for any person to:
(1)
Collect, pick up, sort, salvage or disturb any waste placed for collection.
(2)
Mix recyclables with solid waste set out for collection.
(3)
Conduct a repair or salvage operation utilizing the services of the
Township for solid waste collection.
(4)
Place or to cause to be placed any material other than a designated
recyclable in or near a recycling dropoff.
(5)
Hinder, obstruct, prevent or interfere with this Township or any
other authorized persons in the performance of any duty under this
ordinance or in the enforcement of this ordinance.
B.
The Township Board of Health shall examine any nuisance or other
matter (associated with waste) which may be brought to its attention
by the Director of Sanitation. If, in its opinion, any of these matters
is injurious to public health, the Township Board of Health shall
cause the same to be abated at the expense of the owner of the property.
This township or any other person collecting solid waste generated
within this township may refuse to collect solid waste from any person
who has clearly failed to source-separate recyclables from the solid
waste.
Collection of solid waste is limited to curbside collection
along public streets. Township collectors will not enter buildings
or enter upon any privately owned lands, streets or driveways for
the purpose of solid waste collection.
A.
Any person who engages in unlawful conduct as defined in this ordinance
shall, upon conviction thereof in a proceeding before a court of competent
jurisdiction, be sentenced to a term of imprisonment in the county
jail for a term not to exceed ninety (90) days or to pay a fine of
not more than one thousand dollars ($1,000.) and not less than twenty-five
dollars ($25.), or both.
B.
Each continuing day of violation of this ordinance shall constitute
a separate offense.
A.
In addition to any other remedy provided in this ordinance, this township may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this ordinance for an injunction to restrain a violation of this ordinance. In addition to an injunction, the court may impose penalties as authorized by § 39B-29A hereof.
B.
The penalties and remedies prescribed by this ordinance shall be
deemed concurrent. The existence or exercise of any remedy shall not
prevent this township from exercising any other remedy provided by
this ordinance or otherwise provided at law or equity.
The terms and provisions of this ordinance are to be liberally
construed so as best to achieve and to effectuate the goals and purposes
hereof. This ordinance shall be construed in pari materia with the
Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 et seq. and the
Burlington County District Solid Waste Management Plan.
Each section hereof and every subsection of any sections are
hereby declared to be a separate and distinct provision to the extent
that the voiding or unconstitutionality of any section or subdivision
thereof shall not effect the validity of the remainder of this ordinance.
Any ordinance inconsistent with the terms or provisions of this
ordinance are hereby repealed to the extent of their inconsistency.
This ordinance shall take effect twenty (20) days after its
adoption and publication as required by law.
