[Adopted 2-17-2009 by Ord. No. 1-2009]
The purpose of this article is to regulate and control the collection,
disposition and transportation of waste and recyclable materials generated
within the Township, and to provide for fines and penalties for the
violation thereof.
As used in this article, the following terms shall have the
meanings indicated:
All waste generated by any residence/dwelling unit, industrial
business or manufacturing concern of any kind whatsoever and all bulky
waste as defined by N.J.A.C. 7:26-1.4, which shall include but not
be limited to the following: all items which exceed the size or weight
requirements herein, tree trunks or large limbs or stumps, auto bodies
or any part thereof, demolition or construction materials, appliances,
white goods, furniture, empty drums and other nontoxic bulky items.
[Amended 4-7-2009 by Ord. No. 5-2009]
A structure, or an entirely self-contained portion thereof,
which is designed for and occupied principally as a place of residence
for one housekeeping unit. A dwelling unit must be suitable for year-round
occupancy, must have a valid certificate of occupancy, or equivalent
authorizing document, and must contain facilities for cooking, sleeping,
bathing and human sanitation which are for the exclusive use of the
occupants of the dwelling. For temporary housing used solely for farming
purposes, the owner of the subject farm may request special consideration
by the governing body for issuance of garbage and recycling containers
specific to such housing. Temporary dwelling units must be in compliance
with all applicable, local, state and federal regulations and have
a certificate of occupancy, or equivalent authorizing documentation.
[Amended 4-7-2009 by Ord. No. 5-2009]
All refuse, entrails and waste of animals and fish and all
vegetable matter which has been or was intended to be used as food,
including all packaging material which is not recyclable; all clam,
oyster, crab and lobster shells; and all other materials so specified
by the state of New Jersey.
[Amended 4-7-2009 by Ord. No. 5-2009]
All waste which is deemed chemical waste, hazardous waste,
or infectious waste, as defined by N.J.A.C. 7:26-1.4, and which is
flammable, corrosive, explosive or which by itself or in combination
with other waste could be hazardous to life or property.
Any apartment building, garden apartment building or complex
or rental housing complex containing more than two attached dwelling
units.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Used newspapers, paper, plastics, aluminum cans, glass, cardboard
and other such items as may be determined by the Township Council,
the Director of Public Works, or their designee(s).
[Amended 4-7-2009 by Ord. No. 5-2009]
All solid wastes, both combustible and noncombustible, such
as waste food and other combustible solids of a nonvolatile or explosive
nature, bedding, crockery and similar materials, ashes, street cleanings
and dead animals, except bulky and industrial waste and hazardous
waste, as defined in this article.
[Amended 4-7-2009 by Ord. No. 5-2009]
Any single-family home or any housing complex containing
four or fewer dwelling units, plus any housing complex consisting
of five or more dwelling units in which the majority of such units
are separately owned in fee or as condominiums. The ownership of 50%
of more of the dwelling units in any such complex by a single individual,
a group of individuals or entity(ies) shall disqualify such complex
from being a single-family dwelling for purposes of this article.
[Amended 4-7-2009 by Ord. No. 5-2009; 6-17-2014 by Ord. No.
2-2014]
A.
Receptacle requirements. It shall be the duty of every owner, lessee
or occupant of every building within the corporate limits of the Township
of Logan to provide or cause to be provided and to keep on the premises
at all times suitable metallic or plastic or regulation paper trash
bags with twist ties, designed for trash and garbage combined disposal,
watertight, closely covered receptacles for receiving and holding
only the garbage, recyclable materials and other animal and vegetable
refuse that may accumulate or be collected in the premises.
B.
Automated trash collection. Three ninety-five-gallon containers (also
referred to herein as "containers") will be assigned by serial number
recorded by the Logan Township Public Works Department to each residential
taxable property and will remain the property of the Township of Logan.
One container shall be designated for recyclable material, one container
shall be designated for nonrecyclable refuse, and one container shall
be designated for yard waste.
(1)
If a resident moves, the container(s) assigned to that residence
must be left behind for the new resident. It is a precondition of
obtaining a certificate of occupancy to account for all leased containers
registered to that residence.
(2)
Residents may trade in the ninety-five-gallon container for a smaller
sixty-five-gallon or thirty-five-gallon container if the resident
deems the ninety-five-gallon container too large. Containers sought
to be exchanged must be free of defect and/or excessive markings.
All exchanges are subject to the availability of the requested container
sizes in the Township inventory and all approval of all exchanges
and/or replacements are at the sole discretion of the Logan Township
Public Works Department.
(3)
At the sole discretion of the Public Works Supervisor, and if all
real property taxes are current, residents, after following all recycling
rules and regulations, may lease a second container (not to exceed
a total of 130 gallons per household each for trash and recycling)
at the following prices, which may be amended by Township Council
of the Township of Logan:
(4)
Containers needing repair. Residents shall notify the Logan Township Public Works Department. At the sole discretion of the Director of Public Works, or his or her designee, containers deemed to be damaged beyond repair may be replaced, provided that the residence pays for the replacement container as outlined in § 99-20B(3).
(5)
All containers belong to the Township of Logan and not the lessee.
(6)
Residents may mark their addresses on the lids of the containers
at a maximum font of three inches in height.
[Amended 4-7-2009 by Ord. No. 5-2009; 6-17-2014 by Ord. No.
2-2014]
A.
Scope.
(1)
The following regulations shall govern the storage, placement and
collection of recyclables, garbage, refuse and yard waste, exclusive
of those items regulated under this chapter, produced or otherwise
created within the Township of Logan. Combined refuse, garbage, recyclables
and yard waste collection will be furnished by the Township of Logan
to all designated residential property (i.e., single-family buildings),
multifamily buildings, public schools, churches, and municipal and
not-for-profit social clubs/organizations within the Township of Logan
on a once-a-week basis unless otherwise specifically provided. All
eligible properties within the Township of Logan shall make use of
the system of Township-supplied container placement and collection
in accordance with these regulations.
(2)
For all other property owners, recyclables, trash and yard waste shall be collected, transported and disposed of by said businesses or entities, property owners and tenants at their own expense. The Township, at its sole discretion, may include the collection and disposal of any recyclables (i.e., in Township-provided containers), which shall be collected by the Township at no expense. It is the responsibility of every property owner, tenant, and/or lessee within the Township limits to properly segregate refuse and recyclable materials. Any properties and/or entities not included in § 99-21A(1) are required to maintain an accurate annual measurement (in tons) of both refuse and recyclables collected by private contractors and provide that information to the Department of Public Works on an annual basis with supporting documentation acceptable to the Director of Public Works.
B.
Refuse acceptable for collection.
(1)
All garbage and refuse, except of those items excluded by this chapter,
shall be acceptable for collection, provided that the storage and
placement of said garbage and refuse is in compliance with the applicable
provisions of this article. In no event shall the collection of refuse
and garbage be by dumpsters or containers not provided by the Township,
unless otherwise specifically provided.
(2)
On the first bulk day of every month, as determined by the Director
of Public Works and/or his or her designee, up to two trash containers
of household-generated construction debris will be collected from
residential properties only if placed in individual containers weighing
not more than 50 pounds per container. Carpeting shall be cut, rolled
and tied into four-foot-to-six-foot lengths and not weighing more
than 50 pounds. No carpeting or construction debris shall be collected
if the work was done by a contractor and/or subcontractor. The obligation
of the Township to collect any such materials is at the sole discretion
of the Director of Public Works and/or his or her designee. Residents
must call and have their name and address added to the "bulk" list
in order for their household self-generated construction debris to
be collected. Residents found not to have proper construction permits
for said work will not have their construction debris picked up and
will be turned over to the Construction Department for review.
C.
Refuse not acceptable for collection. The following refuse shall
not be acceptable for collection by the Township of Logan:
(1)
Dangerous substances such as poisons, acids, caustics, noxious chemicals,
infected materials, explosives and ammunition, or any materials likely
to cause injury to persons employed or damage to equipment used in
making collections.
(2)
Bulky and industrial wastes and hazardous wastes shall not be placed
in containers for collection but shall be disposed of by the owner
at the expense of the owner or possessor thereof, with the exception
of bulky waste from single-family dwellings generated within the Township
of Logan by such dwelling to the extent allowed by guidance documents,
rules and regulations promulgated by the Township Department of Public
Works under this article.
(3)
Any materials resulting from the demolition, repair, excavation,
construction, renovation and/or similar activities performed upon
garages, buildings or structures on any residential properties, including
but not limited to such materials as earth, plaster, mortar, asphalt
and/or asbestos shingles, carpeting, lumber, roofing materials and
the like, if the work was performed by a contractor or subcontractor.
(4)
Disposal of bulky waste items, including but not limited to automobiles,
vehicles, parts of vehicles, sod, large tree limbs, tree stumps, and
tree trunks, shall be disposed of by the owner at the expense of the
owner or possessor thereof, with the exception of bulky waste from
single-family dwellings generated within the Township of Logan by
such dwelling to the extent allowed by guidance documents, rules and
regulations promulgated by the Department of Public Works under this
article.
(5)
Vegetation or tree branches, exceeding height, weight and/or length
capacity of the Township containers, or as defined by the Department
of Public Works.
(6)
Heavy units exceeding 50 pounds in gross weight.
(7)
Materials which cannot be disposed of in strict accordance with the
standards and regulations prescribed by the Department of Health and
Senior Services of the State of New Jersey, the Department of Public
Utilities of the State of New Jersey and any other governmental agency
or department having jurisdiction for the disposal of waste materials
by sanitary landfill methods.
D.
Storage, placement and collection of refuse and recyclables.
(1)
Storage. All refuse, recyclables and yard waste shall be stored in
receptacles provided by the Township, as described in this chapter,
which shall be kept covered at all times and shall be maintained in
a clean and proper condition for safe handling. Plastic trash bags
may be utilized within refuse containers, provided that they are securely
tied and of sufficient strength to allow being picked up without tearing
or breaking. The Township of Logan may affix a notice to containers
which do not qualify under the requirements of this article indicating
that the containers do not qualify and that further use of said containers
may result in confiscation of the containers and/or refusal to make
the collection as specified in this article. If at the next regularly
scheduled collection date said containers still do not conform to
the requirements of this article, the Township of Logan may collect
the containers as specified in this article. No refuse shall be collected
by dumpsters unless supplied by the Township.
(2)
Placement. All receptacles for collection shall be placed in accordance
with procedures established by the Department of Public Works by the
owner, tenant, lessee or occupant of the property at the curbline
along public streets or roads that have been dedicated to and accepted
by the municipality after 6:00 p.m. of the day prior to collection.
All receptacles for collection shall be placed at the pickup site
no later than 6:00 a.m. of the day of collection. Each owner or occupant
of premises placing a receptacle for collection shall remove the receptacle
during the periods of noncollection to an area within or adjacent
to the home or building. All receptacles shall be placed, stored and
maintained in a manner consistent with the provisions of this article.
(a)
Automated trash containers shall be placed out with metal lift
bar facing the center of the street and with at least three feet of
clearance on either side so that the mechanical arm can easily lift
the container without interference. All containers must be placed
in such a fashion as to allow for unencumbered access by the refuse
and recyclable collection equipment. The Township is under no obligation
to empty any containers which, under the sole discretion of the Director
of Public Works and/or his or her designee(s), is deemed to be inappropriately
placed or encumbered.
(3)
Home medical waste.
(a)
All property owners shall dispose of any legally prescribed
medical and/or biohazard waste (i.e., syringes, medical needles, etc.)
in containers (i.e., metal or hard plastic) for disposal in the municipal
trash collection in the manner required by the New Jersey Department
of Environmental Protection, N.J.A.C. 7:26-3 et seq.
(b)
Any prescribed home medical waste materials not properly discarded
in the municipal trash collection system shall be returned to the
property owner.
(4)
Collection. Every contractor, and any employee or employees of such
contractor, and every other person authorized by the Township Council
of the Township of Logan or the Board of Health of said Township to
collect recyclables, garbage and other animal and vegetable refuse,
and collecting the same from the streets, highways, alleys or from
any house, lot or building in the Township of Logan, shall deposit
the same in a watertight covered wagon, box, tank or receptacle. Said
collections shall be made between the hours of 6:00 a.m. and 6:00
p.m. of the days designated for collection by the Township Council
of the Township of Logan. When collection is made the day after a
holiday, or due to breakdowns, collection times may occur after 6:00
p.m., in which case no penalties shall be assessed to any residence.
(5)
Co-mingling refuse between properties. It shall be illegal to place
any materials which may be defined in this article in front of or
combined with any other property owner's or tenant's trash, debris,
recyclables and/or garbage, except multiple-family housing which results
in the common area placement of trash, and all such materials may
be co-mingled so long as the garbage, trash and refuse may be separately
identified for purposes of picking up and segregation from other recyclables.
E.
County landfill/incinerator. Nothing in this article shall prohibit
anyone from transporting and/or disposing of garbage, trash, refuse,
etc., at the county-owner/operated landfill and/or incinerator. All
expenses incurred shall be paid by said party, and the Township shall
not be responsible for any costs of any party.
F.
Inspection. All garbage and refuse placed at the curbline for collection shall be subject to random inspection by the Township of Logan to ensure compliance with the provisions of this article and Article I, Recycling, of this chapter.
G.
It shall be unlawful for any person or persons, other than the person
or persons designated by and/or bound under contract to the Township
of Logan, to gather and remove any garbage or other animal and vegetable
refuse within the corporate limits of the Township of Logan; except,
however, that the private collection of garbage and other animal and
vegetable matter may be collected by persons other than such parties
with whom the Township of Logan makes contract, provided that such
private collector of said garbage and other animal and vegetable matter
shall receive a special permit thereof from the Township of Logan,
which permit shall be issued only to such person who will remove said
garbage at such time, in such manner and with such equipment as provided
for in this article and by the ordinances of the Township of Logan.
H.
No person engaged in the collection of recyclables, garbage and other
animal and vegetable refuse, as aforesaid, shall obtain the same except
by means of the sidewalk, paths and other means of access. No person
shall trespass upon the lawn or damage any property of the owner or
occupant of any house, residence or building in the Township of Logan.
[Amended 4-7-2009 by Ord. No. 5-2009; 6-17-2014 by Ord. No.
2-2014]
Collections shall be made in accordance with a schedule to be
determined by the Department of Public Works, except those days of
the week which are approved employee or national holidays, for which
the Department of Public Works may make appropriate pickup scheduling
accommodations which are beneficial to the Township.
No employee, contractor, or any employee or employees of the
contractor, or any other person authorized by the Township Council
of the Township of Logan or the Board of Health of said Township to
collect refuse and/or recyclable goods, shall, in the course of such
employment, negligently or carelessly distribute or cause to be distributed
any refuse and/or recyclable goods in and along any of the streets,
highways or public places of the Township of Logan.
[Amended 4-7-2009 by Ord. No. 5-2009]
A.
Garbage and refuse collected in the Township shall be collected,
conveyed, and disposed of by the Township under the supervision of
the Director of Public Works or the Director's authorized designee(s).
The Director shall have the authority to make necessary and reasonable
rules and regulations implementing the day and time of collection,
type and location of waste containers and such other matters pertaining
to the collection, conveyance and disposal of refuse and other materials
as he/she shall find necessary in the public interest.
B.
The Director of Public Works is hereby authorized and may promulgate
guidance documents, rules and regulations for the disposal of bulky
waste, as defined by N.J.A.C. 7:26-1 et seq., and all other waste
material not included within the definition of "refuse," where such
waste material originates within the Township, such as for the collection
of large items of garbage and refuse produced by the household which
cannot be picked up during the course of regular trash collection
using standard equipment. Any person desiring to dispose of such waste
shall do so in accordance with such statutes, ordinances and regulations
of the State of New Jersey and the Township as established. Nothing
contained herein shall require the collection of bulky waste from
residential dwellings.
[Amended 4-7-2009 by Ord. No. 5-2009]
To the extent that the Township of Logan is required to collect
and/or reimburse the condominiums and/or apartment complexes for collections,
the Director of Public Works, in conjunction with the Township Clerk
and the Township Council Liaison to Public Works, shall establish
rules and regulations for the orderly collection and/or appropriate
reimbursement to the extent required by law.
The Township Council shall have the power, if in its opinion
it is more advantageous to have the refuse and/or recyclable goods
collected, removed and disposed of by persons other than the authorities
of the municipality, to make a contract or contracts for such work
or any portion thereof with any individual or individuals, corporation
or corporations. Said contract shall be entered into and made only
after bids therefor have been advertised for according to law, and
then only to the lowest responsible bidder or bidders, unless such
bidder or bidders shall be willing to pay for the privilege of collecting
such garbage and other animal and vegetable refuse, and then to the
responsible person who is willing to pay the greatest amount for said
privilege. The person to whom such contract is awarded shall give
satisfactory bond or security for the faithful performance of the
work.
[Amended 4-7-2009 by Ord. No. 5-2009]
It shall be the responsibility of the Director of Public Works
and/or the Recycling Coordinator and/or the Clean Community Coordinator
and/or the Construction Officer and/or the Zoning Officer and/or the
Fire Marshal and/or the Police Department and their designated agents
to enforce all provisions of this article.
A.
Unless another penalty is expressly provided by New Jersey statute
or regulations promulgated by the New Jersey Department of Environmental
Protection, or except as specifically provided in some other section
of this chapter, every person convicted of a violation of a provision
of this article or any supplement thereto shall be liable to one or
more of the following: imprisonment in the county jail or in any place
provided by the municipality for the detention of prisoners, for any
term not exceeding 90 days; or a fine which may be fixed at an amount
not exceeding $10,000; or by a period of community service not exceeding
90 days.
B.
Any person who is convicted of violating the provisions of this section
within one year of the date of previous violation of the same section
and who was fined for the previous violation shall be sentenced by
the court to an additional fine as a repeat offender. The additional
fine imposed by the court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this section, but shall be calculated separately from the fine
imposed for the original violation of this section. Whenever such
person shall have been officially notified or by service of a summons
in a prosecution, or in any other official manner, that said person
is committing a violation, each day's continuance of such violation
after such notification shall constitute a separate offense, punishable
by a like fine or penalty.
