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Borough of Pennington, NJ
Mercer County
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Table of Contents
Table of Contents
[Adopted 12-29-1998 by Ord. No. 98-27]
It is the purpose of this article to enhance the borough's compliance with the New Jersey Statewide Mandatory Source Separation and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.) and the New Jersey Recycling Act of 1981 (N.J.S.A. 13:1E-92) and to supplement the regulation of the disposal of solid waste within the borough by requiring that every responsible solid waste generator shall properly comply with borough requirements regarding the regular collection and/or disposal of all solid waste generated on or about property owned within the borough.
[1]
Editor's Note: Former § 172-8, Findings, was repealed 8-9-2021 by Ord. No. 2021-7.
As used in this article, the following terms shall have the meanings indicated:
ADJACENT PROPERTY OWNER
A person who holds legal title to real property partially within the Borough and partially within Hopewell Township and more than 40% of the dwelling footprint on the property is located in Hopewell Township.
[Amended 8-9-2021 by Ord. No. 2021-7]
APPROVED TRASH CONTAINER
A trash container on wheels owned by the Borough and supplied without charge to the property owner of every eligible property or an identical additional container supplied by the Borough to that property owner for an annual fee as provided in Chapter 98 of this Code. Only one container per eligible property shall be provided without charge to the property owner and no more than one additional container shall be provided to that property owner for a fee. No other container or rolling cart may be used for trash collected by the Borough. Each container shall have a capacity of 95 gallons unless, before the deadline advertised by the Department of Public Works, the property owner notifies the Department that they prefer a sixty-five-gallon container.
[Amended 8-9-2021 by Ord. No. 2021-7; 3-7-2022 by Ord. No. 2022-1]
BULK TRASH
Source-separated, nonputrescible and nondeleterious waste items identified as acceptable bulk trash on a list made available by the Department of Public Works. Examples of bulk trash include concrete, asphalt, brick, block, asphalt-based roofing scrap, wood waste, tires, sofas and other furniture, mattresses and appliances. Bulk trash shall not include bulk items that can fit into the approved trash container or non-bulk items that merely exceed the capacity of the approved trash container for a particular collection. Bulk trash collection shall be scheduled in accordance with the trash calendar published on the Borough website.
[Amended 8-9-2021 by Ord. No. 2021-7]
ELIGIBLE PROPERTY
A property other than a vacant lot owned by a property owner as defined herein or, if owned by an adjacent property owner as defined, the adjacent property owner has requested trash collection service and paid the required fee as set forth in § 172-13 and Chapter 98.
[Added 8-9-2021 by Ord. No. 2021-7; amended 3-7-2022 by Ord. No. 2022-1]
NONRESIDENTIAL PROPERTY
Any property which does not exclusively contain residential dwelling(s).
PERSON
Any individual, corporation, nonprofit corporation, company, society or association. "Person" may be singular or plural.
PROPERTY OWNER
A person who holds legal title to real property for which an individual or separate tax bill is issued by the Borough. This term shall not include owners of real property where less than 60% of the dwelling footprint is located within the Borough.
[Amended 8-9-2021 by Ord. No. 2021-7]
PUBLIC WORKS DEPARTMENT
The department of the Borough responsible for the collection of solid waste within the Borough.
RECYCLABLE MATERIAL
Includes paper, approved cardboard, aluminum and bimetal cans, glass, approved plastic, plants, trees and branches, leaves and other yard waste, exclusive of grass clippings. This category is subject to change based upon the requirements of the borough and the borough's provider of recycling services.
RESIDENTIAL PROPERTY
Includes single- and multiple-family dwellings and shall also include apartments located in property which also has a nonresidential use.
SOLID WASTE
All material that is commonly discarded through the normal activities of the permitted land uses, such as household waste, garbage, refuse, construction material from work done exclusively by the property owner, furniture, carpet, mattresses, appliances, scrap metal and other nonrecyclable items of similar bulk and character, and all other materials that are nonhazardous, putrescible or deleterious in nature.
TRASH
Nonrecyclable solid waste originating from property located within the borough and disposed of in approved trash containers.
TRASH STICKER or STICKER
A sticker obtained from the Borough Clerk which must be attached to the bulk trash item to be collected by the Borough. The number of stickers required by the Borough for the collection of each bulk item shall be calculated in accordance with weights for bulk items as set forth in the official Department of Defense customer moving portal (Move.mil/resources/weight-estimator).
[Amended 8-9-2021 by Ord. No. 2021-7]
[Amended 3-9-2009 by Ord. No. 2009-2; 8-9-2021 by Ord. No. 2021-7]
A. 
The Borough will collect trash once a week from every eligible property on the day for collection designated for each property by the Public Works Department, provided the trash has been put in an approved trash container and placed at the curb at the time and in the manner required by this article. The trash collected each week shall not exceed the contents of the approved container or containers with lid closed.
B. 
The approved trash container or containers shall be placed at the curb for collection no later than 7:00 a.m. on the collection day and removed from the curb no later than 9:00 p.m. on the day of collection.
C. 
If a designated collection day falls on a holiday recognized by the Borough as a holiday for trash collection purposes, the collection will be scheduled in accordance with the calendar published on the Borough website. If on a designated collection day trash collection has to be cancelled on account of weather or other emergency, updates also will be posted to the Borough website. Residents can subscribe on the website for e-alerts to receive notifications.
D. 
Trash should be bagged before being placed in an approved trash container. The container must be placed next to the curb on the street in front of the curbline with the lid completely closed. The handle and wheels of the container should face the house with the lid opening facing the street.
E. 
Items not permitted to be placed in an approved trash container include:
(1) 
Recyclable materials.
(2) 
Bulk trash too large to fit in the approved container.
(3) 
Yard waste, such as leaves, grass or brush.
(4) 
Hot ash from fireplaces or fire pits.
(5) 
Any other hazardous, flammable, combustible materials, such as oil-based paints, solvents, asbestos or commercial medical waste.
F. 
Trash permitted to be placed in an approved trash container that cannot fit in the container or containers in any given week shall be retained for a future collection date.
G. 
All approved trash containers, including the containers for which the property owner or adjacent property owner pays an additional fee, shall be issued and owned by the Borough and remain at the property address to which they are assigned. Property owners and adjacent property owners who lose a trash container or damage the container beyond reasonable wear and tear shall replace the container for the fee established for this purpose by Chapter 98 of this Code.
[Amended 3-7-2022 by Ord. No. 2022-1]
[Amended 4-5-2010 by Ord. No. 2010-5; 8-9-2021 by Ord. No. 2021-7]
A. 
The Public Works Department will prepare and make available a list of common acceptable bulk trash, which shall include the number of bulk stickers required for collection of the most common bulk trash items.
B. 
All items of bulk trash must have affixed to them a sticker or stickers purchased from the Borough Clerk to indicate to the trash collector that the fee for the item has been paid. A bulk trash item which does not have affixed thereto a sticker or stickers will not be collected by the Borough.
C. 
In computing the cost of collection of bulk trash, the cost shall be based upon the weight of the item, which shall be calculated in forty-pound increments. All fractional weights shall be calculated to the next weight increment. By way of example, a fifty-pound item of bulk trash shall be calculated as weighing 80 pounds, and the cost for disposal shall be calculated accordingly.
D. 
Persons disposing of bulk trash must affix the proper number of stickers to the item to be collected at the time it is placed at the curb for collection. The sticker should be visible to the collector.
E. 
The collection fee for bulk household trash (i.e., sticker prices) shall be as set forth in Chapter 98 of this Code.
F. 
Bulk trash shall be collected at the curb on the dates specified in the trash and recycling calendar. Bulk trash shall be collected at the same time as non-bulk trash unless otherwise scheduled by the Department of Public Works. Bulk trash must be placed at the curb by 7:00 a.m. on the collection day.
A. 
Owners of nonresidential properties, which may also include any mixed-use property, may, as an alternative to the borough's collection system, provide for the disposal of their solid waste by a commercial solid waste collection company approved by the New Jersey Department of Environmental Protection.
B. 
The collection of nonresidential trash by commercial solid waste collection companies shall be done at a point to be designated by the property owner which point shall not be the curb.
A. 
The Borough shall, if requested by an adjacent property owner, provide the adjacent property owner with solid waste disposal under the applicable provisions of this chapter.
[Amended 8-9-2021 by Ord. No. 2021-7]
B. 
The adjacent property owner shall pay the Borough for the collection of their solid waste. The fee for said collection is set forth in Chapter 98 of this Code.
[Amended 3-9-2009 by Ord. No. 2009-2; 4-5-2010 by Ord. No. 2010-5; 8-9-2021 by Ord. No. 2021-7]
C. 
The Borough shall calculate the fee and shall bill the adjacent property owner at the same time as it bills customers for water and sewer charges. The payment shall be due from the adjacent property owner within 30 days of the billing. If the bill to the adjacent property owner is not paid within 90 days of the date billed, the Borough may suspend the solid waste collection until the fee is paid.
[Amended 3-9-2009 by Ord. No. 2009-2]
All property owners and participating adjacent property owners shall participate in the recycling program adopted in Article I of this chapter.
A. 
It shall be unlawful for any person to bring solid waste generated outside of the borough into the borough for the purpose of collection by the borough.
B. 
It shall be unlawful for any person to dispose of any construction material, debris or waste material resulting from the construction, demolition or modification performed by a contractor or nonprofit owner in the borough's solid waste collection system. Such material may not, under any circumstances, be placed for collection by the borough.
C. 
It shall be unlawful for any person to bring solid waste to the Public Works facility or to bring any other wastes to the Public Works facility without prior and expressed consent of the Public Works Department.
The borough may enter into contracts with property owners for the collection of their solid waste under terms different than those contained herein if it is determined that such contracts are in the best interest of the citizens of the borough.
[Amended 12-6-1999 by Ord. No. 99-14; 3-9-2009 by Ord. No. 2009-2]
Any person who violates or neglects to comply with any provisions of this article or any regulation promulgated pursuant thereto shall receive at least one warning before an enforcement action is brought but thereafter shall be subject to a fine not to exceed $500 each day the violation continues to constitute a separate offense.