[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.
The borough has made the following findings with regard to the present system of solid waste collection:
The system does not fairly allocate the cost of collection among the users of the system.
The cost to the borough for recycling is directly related to the volume of trash collected by the borough and therefore there is a need to reduce the volume of trash or to provide a fair and equitable method by which the users of the trash disposal service pay their fair share of the expenses.
Property owners who have only a small portion of their overall property in the borough are not paying their fair share for trash collection.
Nonborough residents are improperly bringing solid waste into the borough for the purpose of disposal.
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 within the borough and within Hopewell Township, which property has more than 41% of the dwelling on the property located in Hopewell Township.
- APPROVED TRASH CONTAINER
- A watertight container and integral lid with a capacity of no more than 32 gallons and when full, it shall not weigh more than 40 pounds. The container shall be kept clean, covered and free from liquids and recyclable materials.
- BULK TRASH
- Includes source-separated, nonputrescible and nondeleterious waste items, such as concrete, asphalt, brick, block, asphalt-based roofing scrap, wood waste, tires, appliances and all other solid waste not disposed of in an approved trash container.
- NONRESIDENTIAL PROPERTY
- Any property which does not exclusively contain residential dwelling(s).
- 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's floor space is located within the borough.
- 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.
- Nonrecyclable solid waste originating from property located within the borough and disposed of in approved trash containers.
- TRASH STICKER OR STICKER
- A sticker or tag obtained from the borough Public Works Department which sticker must be attached to the bulk trash or additional nonbulk trash item which is to be collected by the borough. The number of stickers required for the collection by the borough of each bulk item shall be calculated in accordance with weights for bulk items as set forth in the American Movers Conference Joint Military/Industry Table of Weights and Depreciation Guide.
The Borough will collect, on days to be designated by the Public Works Department, nonrecyclable trash which has been placed at the curb in one or more approved trash containers.
[Amended 3-9-2009 by Ord. No. 2009-2]
The basic trash service shall include the curbside collection of up to two approved trash containers on collection days from every property on the Borough's tax records for which an individual or separate tax bill is issued by the Borough, as well as from every adjacent property owner who has requested the service and paid the required fee as set forth in § 172-13 herein. Property owners and adjacent property owners may supplement this basic service by the purchase of an annual license from the Borough authorizing use of one or more additional approved trash containers. The license shall be effective for one year, beginning on July 1 and ending on June 30 of the following calendar year, regardless of the date of purchase. The fee for the license per container shall be determined by the Department of Public Works on an annual basis and approved by Borough Council as part of its budget process.
[Amended 3-9-2009 by Ord. No. 2009-2]
Approved trash 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. Approved trash containers shall not be placed at the curb prior to 5:00 p.m. on the day prior to the designated collection day.
If a designated collection day falls on a holiday recognized by the borough, then the collection will be done on the next scheduled collection day.
Editor's Note: Former Subsection E, regarding the collection by the Borough of trash that includes recyclable material, which immediately followed, was repealed 3-9-2009 by Ord. No. 2009-2.
The Public Works Department will prepare and make available a list of acceptable bulk trash, which list shall also include the cost of the collection of the bulk trash item.
All items of bulk trash must have affixed thereto a sticker or stickers purchased from the Public Works Department, which will indicate to the actual trash collector that the fee for said 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.
Nonbulk trash in excess of two approved trash containers on any one collection day shall be considered bulk trash for which a collection sticker will be required for each additional container.
In computing the cost of collection of bulk trash and additional nonbulk trash the cost shall be based upon the weight of the item, which weight 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.
Persons disposing of bulk trash or additional nonbulk 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.
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.
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.
The borough shall, if requested by an adjacent property owner, provide the adjacent property owner with solid waste disposal under the provisions of this § 172-13.
The adjacent property owner shall pay the Borough for the collection of his/her 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]
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.
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.
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.
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.