[HISTORY: Adopted by the Borough Council of the Borough of Haledon 10-14-1987 by Ord. No. 9-9-87A; amended in its entirety 10-8-1997 by Ord. No. 9-10-97B (Ch. 242 of the 1984 Code). Subsequent amendments noted where applicable.]
All garbage, rubbish and refuse accumulating on any premises (as hereinafter described and limited) within the Borough of Haledon shall be removed as hereinafter provided at the general expense of the Borough, except as hereinafter provided.
As used in this chapter, the following terms shall have the meanings indicated:
- BULK WASTE
- Large items of solid waste but not limited to appliances, furniture, trees, stumps or branches which may require special handling due to their size, shape or weight or hazardous material content.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants or shopping centers.
- CONSTRUCTION and DEMOLITION WASTE
- Recyclable components resulting from the construction or demolition, remodeling or repairing of a building or structure of residential or commercial, including but not limited to concrete, brick, asphalt roofing, scrap metal, window glass, wood, tree stumps, logs, branches and other like material.
- Solid or semisolid waste derived from animal, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors.
- HAULER or PRIVATE COLLECTOR
- Any person, firm, partnership, association, corporation or designated representative licensed to collect, transport and dispose of garbage, rubbish or refuse for a fee as herein prescribed.
- HAZARDOUS WASTE
- Any solid waste or combination of solid waste as defined in the Act or in any statutes of the State of New Jersey which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in morbidity in either an individual or the total population or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing, including but not limited to factories, mills or processing plants.
- INSTITUTIONAL ESTABLISHMENTS
- Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
- The owner, agent, tenant, lessee, caretaker or other person in charge of any premises affected by this chapter.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, state/county institution and any other legal entity recognized by law. Any person shall also include the officers and directors of any corporation of the legal entity having officers for direct purposes of penalties prescribed.
- Any container whether it be plastic, metal or some other material, normally used to hold any of the aforementioned defined items for collection of garbage or any dumpster device provided by a scavenger or other contractor collecting garbage that is normally hoisted onto a garbage truck.
- RESIDUAL WASTE
- Any garbage, refuse other discarded material or waste, including solid or semisolid, liquid or containing gaseous materials resulting from industrial, commercial, agricultural and any other operations, provided that it is not hazardous.
- Any discarded material or waste, except garbage and other decomposable matter.
- Any person or contractor collecting, removing or disposing of solid waste in the Borough of Haledon.
- SOLID WASTE
- Any waste, including but not limited to municipal, residual, or hazardous waste, including solid, liquid, semisolid or containing gaseous material.
- SOURCE SEPARATION
- Recyclable materials which are kept separated and apart from residential, commercial and institutional solid waste by the generator for the purpose of collection, disposition and for recycling.
This chapter shall not apply to any collection of earth, stone, brick, plaster, concrete, aluminum siding, asphalt, roofing materials, soil, wood or other material from excavating, construction, demolition, altering or repairing any structure or building as the same will not be picked up by the Borough.
The remains of trees, whether they are a result of a natural falling or are removed by a person or persons, as well as truck or car tires, pallets, oil, chemicals, all paints, hazardous and residual wastes shall not be placed at curbside as the same will not be picked up by the Borough.
Newspapers, magazines, glass, aluminum or bimetal food and beverage containers, cardboard, corrugated cardboard, leaves or grass clippings and all other recyclable materials shall not be picked up on regular solid waste days by the Department of Public Works of the Borough of Haledon.
Solid waste containers shall be strong, watertight, metal, plastic or fiberglass, with handles, holding not more than 32 gallons, with close fitting metal or plastic covers which shall be kept in place. Containers shall have an opening of at least 20 inches.
Tightly closed plastic bags may also be used provided that they are designed for waste disposal and have sufficient strength to maintain physical integrity when lifted by the top and shall have a capacity of not more than 30 gallons and they should be protected so as to prevent animals from gaining access to their contents.
The occupant shall keep all reusable receptacles in a sanitary condition at all times. The interior of the receptacles shall be cleaned, rinsed, drained and disinfected as often as necessary.
Containers that do not conform to the standards of this chapter or which have sharp, ragged edges or any other defect that may hamper or injure collection personnel shall promptly be replaced by the owner upon notice from the municipality or its designated representative.
All solid waste receptacles shall be placed at the curbline in front of the property from which they are to be collected and shall be placed no earlier than 6:00 p.m. on the day prior to collection, and all empty containers after collection shall be removed from the curbline by 8:00 p.m. on the day of collection.
[Amended 2-11-1998 by Ord. No. 1-14-98A; 11-17-2013 by Ord. No. 10-17-2013]
Bulk wastes or appliances such as furniture, stoves, dishwashers, dryers, washing machines, televisions, microwave ovens, air conditioners, sinks, bath tubs, toilets and other such appliances or ordinary household furnishings must not be placed at curbside until prior arrangement with the municipality's collector and payment of any required fees.
All receptacles, plastic bags or bundles shall be placed at curbside in such a manner that they shall not obstruct the sidewalk, curb, driveway or any other area in which the public may traverse.
Solid waste receptacles or plastic bags must be stored in the rear of each dwelling, business or commercial establishment.
Any wood or lumber shall be cut into three-foot lengths and tied into small bundles no heavier than 25 pounds. A limit of three bundles can be placed at the curb for each collection.
Residential developments and multifamily dwellings having up to three units per structure shall each place no more than three receptacles at curbside for each collection. Each receptacle shall weigh no more than 35 pounds. Each family must mark its own receptacles with the surname, initial or street number and street name so as to make each readily identifiable. Any solid waste placed at curbside in excess of the aforementioned amount shall not be collected by the Department of Public Works of the Borough of Haledon.
Multifamily dwellings having seven or more units shall be required to engage the services of a licensed hauler or private collector for removal of all solid waste. Removal shall be done as often as necessary to control health hazards, odors, flies and unsightly conditions. The municipality reserves the right to require more frequent collections when deemed necessary.
Commercial establishments or other such entities shall place at curbside three receptacles for each collection and each receptacle shall hold not more than 32 gallons. Each receptacle must be marked with the business name, initial or street number so as to make them readily identifiable. Any solid waste placed at curbside in excess of the aforementioned shall not be collected by the Department of Public Works. Commercial establishments or other entities with excess solid waste shall contract with a licensed hauler or private collector for removal of solid waste, and said removal shall be done as often as necessary to control health hazards, odors, flies and unsightly conditions. The municipality reserves the right to require more frequent collections when deemed necessary.
Receptacles for municipal litter placed at various sites in the Borough of Haledon are for the purpose of general litter, not for the use of household garbage or commercial establishment garbage.
All vehicles used for the collection or transportation of solid waste shall be provided with a container or body which is watertight and tightly covered with suitable covers, which shall be closed at all times except when being filled or emptied; all vehicles used for said purpose shall be kept clean and the scavenger, hauler or private collector shall cause them to be thoroughly washed inside and outside, disinfected between each collection and the next subsequent collection and shall not permit them to become offensive.
All vehicles used by the scavenger shall carry a shovel or broom and such other equipment necessary for cleaning up materials that may spill from the receptacles or from the vehicles themselves, and such material shall be cleaned up immediately after it is spilled.
The scavenger, hauler or private collector shall provide a suitable location outside with Borough of Haledon for the disposal of all garbage, rubbish and refuse and shall dispose of the same at such location in accordance with the provisions of this chapter and any rules and regulations as promulgated in the New Jersey Administrative Code or the statutes of the State of New Jersey and the Passaic County District Solid Waste Plan.
No person or persons shall permit, use or in any way acquiesce in the dumping of garbage, refuse, rubbish, building materials, appliances, tires, paints, hazardous, chemical or infectious wastes on any land, street, alley, sidewalk, body of water or public or private property within the Borough of Haledon except as provided by this chapter.
In case any owner, tenant, lessee or occupant wishes the removal of an accumulation of garbage, rubbish or refuse from the basement, attic, backyard or other interior place, a special arrangement must be made by the owner tenant, lessee or occupant with a private collector or hauler. In the event that a tenant vacates the premises and leaves excess garbage, rubbish or refuse, the owners of the premises shall be responsible for the removal, performance and payment thereof. The Borough shall not be responsible for any such arrangement.
No person shall:
Accumulate or permit to accumulate upon any public or private property within the Borough of Haledon any garbage, rubbish, bulky waste or any other hazardous, infectious, residual or chemical waste.
Burn any solid waste or recyclable within the Borough of Haledon in accordance with any rules and regulations as promulgated in the New Jersey Administrative Code or the statutes of New Jersey.
No person shall give instructions or commands which shall involve a violation of this chapter. The person giving and the one complying with such instructions may be found guilty, or both.
Any person who violates any provision or order promulgated under Chapter 343 of the Code of the Borough of Haledon, as established herein, shall, upon conviction, be liable to a penalty of not less than $25 no more than $1,000 for a violation. Each date a particular violation continues shall constitute a separate offense.