The purpose of this chapter is to regulate the collection of trash, garbage, yard refuse, brush, recylcing and other waste materials and thereby promote the public health, comfort and welfare of the inhabitants of the Township.
[HISTORY: Adopted by the Township Council of the Township of Mount Laurel 3-25-2019 by Ord. No. 2019-8.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 85, Garbage, Trash and Refuse, which consisted of Art. I, Garbage and Trash Disposal, adopted 6-16-1958 as Ord. No. 1958-5, Art. II, Solid Waste, adopted during codification (see Ch. 1, General Provisions, Art.II), and Art. III, Dumpsters, adopted 10-6-1986 as Ord. No. 1986-32.
As used in this chapter, the following terms shall have the meanings indicated:
All the debris or scrap resulting from the construction or alteration of buildings or the demolition of the same, including block, brick, pipe, scrap lumber, Sheetrock, shingles, tile or other similar materials, and shall include all natural material from clearing the land. This provision shall not apply to small amounts of scrap material considered homeowner's maintenance and repair waste.
Includes such items as refrigerators, washers, dryers, hot-water heaters, disassembled swing sets, furniture, carpets, fences and other material not covered by other portions of this section.
Includes items which may cause harm or injury to the collection personnel, including but not limited to such things as injection needles, knives, broken glass and other sharp objects.
A bulk storage container for garbage and other waste materials that can be hauled directly to the point of disposal or emptied into a large compactor-type truck or other conveyance for disposal.
Waste material that is discarded by humans, usually due to a perceived lack of utility, not including bodily waste products, purely liquid or gaseous wastes. Also known as "refuse" or "trash."
Includes any volatile or explosive material such as gasoline, paint thinner, ammunition, chemicals, pesticides, batteries or any material listed on the hazardous material list of the State of New Jersey Department of Environmental Protection Rules and Regulations Governing the Operation of Sanitary Landfills.
The owner, agent, tenant, lessee, caretaker or any other person in charge of any premises affected by this chapter, whichever classification may be appropriate and effective for its enforcement.
As collected by the County of Burlington the term shall include paper and cardboard, plastic bottles and food containers containing recycling codes 1, 2 and 5, glass bottles and jars, metal cans, and certain juice cartons.
Any public streets, curbs or sidewalk areas.
Includes small tree branches; hedge, brush and vine trimmings; stalks of vegetables and plants; and grasses, weeds and similar substances and/or materials found in residential yards, but shall not mean leaves in bulk, bagged leaves or leaves placed in receptacles as described herein; tree trunks or portions thereof; or tree branches larger than 12 inches in diameter or tree stumps.
All waste material of any nature, except that as prohibited herein, which shall be made and accumulated in any dwelling house, store, apartment or other residential buildings or premises in the Township shall either be removed by the Township in accordance with the regulations set forth herein or by a private collector contracted for by the owner, except that waste resulting from building construction, alterations or demolition as defined in § 85-2 and dangerous materials as defined in § 85-12 shall be removed and properly disposed of by the occupant of the premises or the contractor performing such work (exclusive of those locations where conditions of the subdivision, site plan or other approvals specifically require private contractor disposal of said materials or apartment houses or institutions covered by other rules or regulations of the Township of Mount Laurel).
The Township, by its designated agents or employees, will collect and remove only the material as classified herein, when such material is placed into proper receptacles and offered for collection, in the quantity and the manner prescribed herein.
The Township refuse collectors are prohibited from entering upon any privately owned lands, streets, service areas, driveways, alleys or buildings for the purpose of removing refuse material for collection.
In addition to the collection of trash on public streets accepted or dedicated for public use by the municipality, trash shall be collected on streets other than streets accepted by the Township in accordance with a uniform schedule of trash collection established by the Township Manager, provided that all the following criteria for the provision of said collection service shall be met:
A.
The owner of the roadway shall request in writing the aforesaid trash collection service.
B.
The owner of the roadway shall execute a written agreement satisfactory to the Township Manager both as to form and content, which agreement shall hold the Township harmless regarding any damage done by the Township's collection vehicles to roadways.
C.
A determination is required by the Township Manager that the physical circumstances of the subject street permit:
D.
The recipients of the said service shall comply with all conditions of service established by the Township Manager. Examples of conditions of service shall include but not be limited to:
E.
A determination is required by the Township Manager that there exists a sufficient volume of public vehicular travel upon the subject street to warrant the expenditures created by the trash collection. Said determination shall not affect or require the provision of other types of services on the subject street.
F.
The terms of this chapter shall supersede whatever contrary provisions exist in any approval granted by the Mount Laurel Township Planning Board or Mount Laurel Township Zoning Board of Adjustment.
It shall be unlawful for any person, except an employee or an agent of the Township in the discharge of his duties, an employee or authorized representative of the Burlington County solid waste recycling programs or a private contractor employed by the occupant of the premises, to collect, pick up, rake up or in any way disturb the paper, garbage or other waste material of whatever nature deposited in a receptacle or laid or placed along any street or public place for collection, in accordance with the provisions of this chapter.
A.
The occupant of every dwelling, restaurant, market, store or other premises in the Township where papers, garbage, rubbish or refuse shall accumulate shall provide and keep on said premises sufficient and suitable receptacles, with tight-fitting covers, for receiving and holding the aforesaid materials.
B.
Trash not placed in secure containers is susceptible to access by wild animals and creates environmental issues when blown from its location in fields and water management and control systems. Therefore, the Township prohibits leaving trash for collection without being placed in a suitable receptacle. This provision shall not apply to bagged leaves, which shall be left in approved biodegradable bags.
C.
All receptacles shall be of metal or plastic or a like material sufficiently strong for collection purposes and shall have a maximum capacity of 30 gallons, but not less than 15 gallons. They shall be watertight and have close-fitting metal or plastic covers.
E.
Plastic bags, paper bags and cardboard boxes shall not be used as receptacles for trash.
F.
The weight of the receptacle and its contents shall not exceed 60 pounds.
G.
All receptacles used for collection purposes shall not be filled higher than two inches below the top.
H.
Ashes, sawdust, broken glass and metal shavings shall be kept from all other materials and kept in a container clearly marked to help protect the collector from injury to eyes, lungs and hands.
I.
The occupant shall keep all receptacles in a clean and sanitary condition for safe handling at all times.
J.
The Township will affix a notice to containers indicating that the containers do not comply with this chapter and providing warning that further use of said containers shall result in Township refusal to make collections from said containers. Receptacles that are badly broken, in disrepair or otherwise fail to meet the requirements set forth herein may be treated as rubbish and collected and disposed of as such by the Township.
K.
When, in the opinion of the Director of Public Works or his designee, materials have not been prepared for collection in accordance with standards set forth in this chapter, the materials shall not be collected by the Department of Public Works until they meet all the requirements of this chapter.
A.
Yard refuse. Yard refuse shall be placed in receptacles described in § 85-8 or may be bundled. Said bundles shall be a maximum of three feet in length and weigh 60 pounds or less. Only 10 such bundles shall be collected on any one collection day.
B.
Brush. All brush four inches in diameter or less is to be cut in four-foot lengths, bundled, weigh no more than 60 pounds and be securely tied. Brush or limbs between four inches in diameter and 12 inches in diameter shall be cut in four-foot lengths and neatly stacked for removal by the Department of Public Works as a special pickup operation. Logs larger than 12 inches in diameter at any point and stumps will not be removed by the Department but are the responsibility of the property owner for removal and disposal.
C.
Leaves. During the fall of each year, generally from October 15 until December 31, leaves will be removed from the park strip by the Department of Public Works. (The "park strip" is normally that area between the curbline and the sidewalk.) These leaves shall be placed at the park strip or immediately adjacent to the curb by the resident for removal. They are not to be raked into the street or traveled way. Leaves raked into the park strip for removal shall not be mixed with any other materials for disposal. Leaves mixed with other waste will not be collected by the Township until properly separated. Residents can pick up clear bags from the Public Works Department and place filled bags at the curb.
All items shall be placed within five feet of the improved roadway for collection but in no event within the improved roadway or traveled way. White goods shall be placed separately from other bulk items for pickup. Items such as refrigerators, furniture, large trunks, washing machines, dryers and similar large items shall have all doors or lids removed when set out for collection. Other bulky items, such as rolls or bundles of waste carpeting, fencing, hose and scrap lumber, shall not exceed three feet in length and 60 pounds in weight. Materials are to be placed neatly at the curb on Tuesday nights for Wednesday pickups. Residents must call ahead to schedule pickup. Items shall not be stacked higher than three feet above ground level to avoid creating sight-distance hazards for motorists, bicyclists and pedestrians.
A.
The Township collects the third Friday of the month. Residents may call the Public Works Department to schedule a pickup. Each property may dispose of eight tires per year through this service. Tires shall be placed at the curb on the Thursday night immediately before the Friday pickup. Tires shall not be placed with regular trash. Tire stores, service stations and other similar businesses shall be responsible for the disposal of any and all tires generated from their facilities.
B.
The disposal of truck, tractor and heavy equipment tires with a rim diameter measuring over 16 1/2 inches shall be the responsibility of the owner.
All dangerous waste items shall be wrapped and stored by the occupant in containers clearly marked as dangerous and separated from other waste. Injection needles shall be broken from the syringe and hub and separated from the syringe before depositing for collection.
Hazardous materials, as defined in § 85-2, shall not be collected by the Township and are the responsibility of the occupant to properly dispose of in accordance with law. Waste motor oil shall be placed in gallon plastic jugs and be taken to an authorized oil drop-off facility. Motor oil shall not be collected curbside by the Township. The Township schedules one hazardous waste dropoff date per month to allow residents with photo identification to drop off hazardous waste materials.
Building construction or demolition waste as defined in § 85-2 shall not be collected by the Department of Public Works.
A.
Except for bagged yard refuse, no person shall place or cause to be placed any receptacle, bundle or waste material on any street, curb, sidewalk or alley earlier than two hours before sunset on the day prior to the day fixed for collection. Commercial and industrial institutions shall place materials for collection at the curb not earlier than 4:45 p.m. on the day prior to the day fixed for collection.
B.
No occupant shall allow or permit any empty receptacle to remain along any street, curb, sidewalk or alley more than 12 hours after the contents have been collected.
C.
The occupant of every building shall, by 6:30 a.m. on the scheduled day of collection, place or have placed all material for collection adjacent to the curbline. They should be placed between the curbline and the sidewalk, unless the sidewalk extends all the way to the curb, in which case the material or receptacles shall be placed on the sidewalk at the curb. Placement of any refuse within the traveled way or roadway surface which impedes traffic is strictly prohibited.
The disposal of garbage, trash, yard debris, brush, stumps, building waste or hazardous or dangerous material is strictly prohibited on any public or private property within the Township.
The Department of Public Works shall notify the residents of the Township either by newspaper advertising, individual mailings or personal delivery, as needed, of permanent changes to the assigned day for collection. Said notice shall indicate the assigned day or days for collection in each collection district, as determined by the Director of Public Works. Temporary changes in schedule based upon holidays or weather conditions will be posted on the Township website.
The County of Burlington operates the recycling program within the Township and establishes its own rules and regulations regarding that program. The Township requirements concerning the times for placement of containers shall also include the placement for recycling containers. If the county establishes times for placement of recycling containers, the Township will enforce the provision that is more strict.
A.
The property owner, lessee or user of the container shall make provisions to have the collection from the dumpster on such a schedule so that the garbage and other waste materials do not accumulate so as to overflow the confines of the container or restrict the closing of the container cover, if any.
B.
Location, use and conditional requirements.
(1)
The dumpster shall be located within a residential community as placed upon the final plans of approval for the development of said community, or as otherwise approved by the Township of Mount Laurel.
(2)
No dumpster shall be located in or on a public right-of-way so as to interfere with the flow of traffic.
(3)
Garbage and other waste materials must be completely contained within the dumpster. No accumulation of garbage or waste materials will be permitted outside the confines of the dumpster, nor will it be permitted to accumulate garbage or other waste materials so that the dumpster cover cannot be firmly closed.
(4)
All dumpsters shall be kept in good repair, be structurally sound, be leakproof and be easily opened and closed. Dumpsters shall be painted as required to prevent the show of rust and deterioration and be so constructed as to stand firmly upright.
(5)
All dumpsters shall have the name of the company or individual owning such dumpster clearly printed on either the front or the back of such dumpster.
(6)
The use of the dumpster in any community with a common association which funds the removal of waste, such as but not limited to a condominium or homeowners' association, shall be limited to the people who reside in such community. Unauthorized use of a dumpster by someone other than a member of said community shall be considered a trespass as to the penalties of this code and subject to the penalties as contained herein.
C.
Dumpsters for community use.
(1)
In the event that the dumpster is owned or placed in a community for the benefit of the residents of said community, said trash container should contain upon it, in a location visible to anyone who would use the container for the purposes for which it was intended, language which clearly indicates that the dumpster is for the use of the condominium or homeowners' association members only or for residents of the community that it is serving. The language must be such as to clearly indicate that anyone who uses the dumpster who is not such a resident is an unauthorized user of such facility.
(2)
In the event that said condominium does not post such a warning as contained in the previous section hereto, such failure shall not cause said association to be in violation of that section but shall only affect the enforcement of such against third parties.
The Director of Public Works, or the Director's designee, shall make such day-to-day judgments and interpretations of this chapter as are necessary to carry out its intent. Persons aggrieved by said judgment or interpretation shall have the right to appeal the same to the Township Manager.
From time to time, an individual residence may make an advanced request for disposal of trash on a day other than on a standard collection date. The Township does not guarantee it can accommodate such requests and the requestor shall not place materials curbside until the Township confirms the request by electronic communication.
The Director of Public Works, or the Director's designees, may, by complaint filed in the Mount Laurel Township Municipal Court, institute proceedings for the enforcement and imposition of the penalties hereinafter prescribed.
The penalty for a violation of this chapter and the rules and regulations promulgated in pursuance thereto shall be a fine of not less than $50 nor more than $1,000 or imprisonment for not more than 90 days, or both such fine and imprisonment, or a period of community service not exceeding 90 days.