[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro 2-2-2010 by Ord. No. 01.10. Amendments noted where applicable.]
Burning regulations — See Ch. 21.
Littering — See Ch. 40B.
Property maintenance — See Ch. 54.
Editor's Note: This ordinance also repealed former Ch. 38, Garbage and Rubbish, comprised of Art. I, Disposal Methods, adopted 7-1-1958 by Ord. No. 401, as amended; Art. II, Collection Schedule and Rules, adopted 10-6-1953 by Ord. No. 347, amended in its entirety 2-20-2001 by Ord. No. 0.06.01; Art. IIA, Yard Waste Collection Program, adopted 11-14-2005 by Ord. No. 16.05; Art. III, Recycling and Collection Program, adopted 12-18-1984 as Part III of Ord. No. 0.12.84, as amended; and Art. IV, Violations and Penalties; Repealer, adopted 12-18-1984 as Parts IV and V of Ord. No. 0.12.84, as amended.
§ 38-7 New developments of multifamily residential units or commercial, institutional, or industrial properties.
As used in this chapter, the following terms shall have the meanings indicated:
- All products made of aluminum, commonly known as "aluminum cans."
- BIMETAL CANS (TIN)
- All such products commonly known as "metal cans," "tin cans," "bimetal cans" or "ferrous cans." "Bimetal cans" does not include paint, aerosol, oil, lighter fluid or other such types of cans.
- BULK APPLIANCES/METAL
- Large items such as washers, dryers refrigerators, freezers, dishwashers, ovens, ranges, hot-water heaters, cold-water tanks, air conditioners, gas/oil/electric heaters, metal storage cabinets/shelves, swing sets, bicycles, large auto parts, metal lawn-care equipment and/or any other large appliance commonly referred to as a "white good," whose size precludes or complicates normal handling.
- BULK TRASH
- Large items of solid waste, such as furniture, chemically treated woods, carpets and other oversize items whose size precludes or complicates handling by normal collection.
- COLLECTED MATERIALS
- All trash, garbage, bulk trash, bulk appliances/metal, yard/wood waste and recyclable materials.
- A combining of nonputrescible, source-separated recyclable materials for the purpose of recycling.
- The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the waste from spilling or blowing into the street and coming into contact with stormwater.
- CORRUGATED CARDBOARD
- All uncontaminated double-layered brown cardboard.
- COVERED PROJECT
- A construction, renovation, or demolition project for which a building permit or a demolition permit is required, and for which a dumpster or roll-off container shall be placed on premises for the purpose of placement of solid waste materials.
- Stones, dirt, demolition material, construction material, broken concrete and other like material.
- DESIGNATED RECYCLABLE MATERIALS
- Those materials designated within the Gloucester County District Solid Waste Management Plan to be source separated for the purpose of recycling.
- ELECTRONIC WASTE
- A computer central processing unit and associated hardware, including keyboards, modems, printers, scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones.
- FIRST OFFENSE
- Any violation of any of the rules or regulation set forth in this chapter, provided that no violation of any rule or regulation of this chapter occurred and was attributed to the same violator for a period of at least 60 days immediately preceding the violation.
- Putrescible animal or vegetable waste incident to and resulting from the use, preparation, cooking and consumption of food.
- All products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter and all other material commonly known as "clear (flint)," "green" or "brown (amber)." "Glass" shall not include crystal, ceramics, light bulbs and/or plate window, laminated, wired or mirrored glass.
- GRASS CLIPPINGS
- Clippings resulting from the mowing of grass.
- HAZARDOUS WASTE
- 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.
- MEDICAL WASTE
- Any solid waste that is generated in the diagnosis, treatment or immunization of human beings or animals, including but not limited to syringes and discarded pharmaceutical products.
- MULTIFAMILY DWELLING
- Any building or structure, or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a) and shall include hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
- MUNICIPAL RECYCLING COORDINATOR
- The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this chapter, and any rules and regulations which may be promulgated hereunder.
- MUNICIPAL SOLID WASTE (MSW) STREAM
- All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Borough of Paulsboro.
- PAPER PRODUCTS
- All uncontaminated paper material, such as newspapers magazines, books, wrapping paper, bags, discarded letters and envelopes, coated magazines, catalogues, and similar printed material, soft-covered books and junk mail.
- Any individual, entity, association, corporation, company, partnership, firm, or political subdivision of this state subject to municipal jurisdiction.
- PLASTIC BOTTLES
- Plastic bottles, such as those for milk, soda, water and detergent. These items are identified with a number "1" or a number "2" within the recycling triangle symbol located on the bottom of the product.
- RECYCLABLE MATERIAL
- Those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
- REFUSE or RUBBISH
- All solid wastes, both combustible and noncombustible, such as paper, wrappings, cardboard, tin, cans, yard clippings, leaves, glass, rags, waste food or cardboard, and other combustible solids of a nonvolatile or explosive nature, bedding, crockery and similar materials, ashes, street cleaning waste and dead animals, except bulky and industrial waste and hazardous waste, as defined in this chapter.
- SECOND OFFENSE
- Any violation of any of the rules or regulations set forth in this chapter that occurs within 60 days of the first offense of any of the rules or regulations of this chapter by the same violator.
- SINGLE STREAM
- That the following recyclables may be placed into one container: plastics #1 through #5; green, clear and brown glass; aluminum beverage containers; steel food cans; newsprints; corrugated cardboard; single-ply cardboard and brown paper bags.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
- SOURCE SEPARATION
- The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
- Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and/or other areas within the street lines.
- THIRD OFFENSE
- Any violation of any of the rules or regulations set forth in this chapter that occurs subsequent to a second offense and within 120 days of the first offense by the same violator.
- Includes but shall not be limited to ashes, rubbish, refuse, yard waste and wood waste, waste materials, rags, crockery, ordinary household refuse, waste food, bulk trash and/or bulk appliances deposited by residents along the curbline in containers and/or bundles. It shall not include recyclable material designated herein.
- WOOD WASTE
- Trees, branches, stumps, bushes, hedge trimmings, weeds, pallets and/or untreated lumber.
- YARD WASTE
Mandatory source separation.
It shall be mandatory for all persons who are owners, tenants, or occupants of residential and/or nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the Borough of Paulsboro, to separate designated recyclable materials from all solid waste.
Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner as established by the Borough of Paulsboro or in accordance with N.J.S.A. 40:66-1.3 and on such days and times as may be established by regulations promulgated by the Borough of Paulsboro.
Pursuant to N.J.S.A. 13:1E-99.16d, the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source-separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials.
To be eligible for an exemption pursuant to this chapter, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information:
The name of the commercial or institutional entity;
The street address location and lot and block designation;
The name, official title and phone number of the person making application on behalf of the commercial or institutional entity;
The name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials; and
A certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.
The Council of the Borough of Paulsboro shall establish by resolution the days, hours and areas for the collection of all items encompassed within this chapter. The schedule shall be available at the Borough Hall or on the Borough website: http://www.paulsboronj.org/.
All collections shall be by single-stream method. The following rules and regulations must be observed in the preparation for collection before placing the items encompassed within this chapter at curbside:
Keep the collection items in rear of premises until the night before the scheduled collection day in suitable containers or bundles not exceeding 35 gallons' capacity and 50 pounds in weight when filled.
No collections will be made of barrels, manure or refuse from contractor's building operations, such as earth, plaster, cement, brick, lumber, etc.
Property owners must provide sufficient containers for the needs of collection.
All garbage shall be drained and securely wrapped and tied in suitable material such as plastic bags and placed in or alongside trash containers.
All persons placing or causing to be placed any items for collection shall securely bundle the items to prevent any portion thereof from being separated from the remainder. Items may not be placed for collection in paper bags or cardboard boxes.
Only Borough employees in the performance of their employment duties or persons specifically authorized by Borough Council may collect items encompassed within this chapter after it has been placed at the curbline for collection.
No person, except for those provided herein, shall take, remove, tamper with, search for and/or remove any item that has been placed at curbline for collection by the authorized collector.
All items encompassed within this chapter shall be placed between the curb and sidewalk, or in the absence of a curb or sidewalk, as near to the street as to not constitute a danger, where such items shall be readily accessible to the authorized collector without providing obstruction to pedestrians or traffic.
All persons placing or causing to be placed any items for collection shall maintain the receptacle or other items to be disposed of in a clean and safe condition for handling and for purposes of collection.
After collection all empty receptacles shall be removed from the curbside by no later than 7:00 p.m. of the day collection took place.
The collection of bulk trash shall be limited to two items per week.
All wood waste generated by a private contractor shall be disposed of by the contractor or the property owner by private means.
All bulk appliances/metals shall be placed curbside the day before the scheduled collection. All doors shall be removed and/or otherwise dismantled from the item(s). All wheels and/or rubber goods shall be removed and/or otherwise dismantled from the item(s).
Each day that this subsection is violated shall constitute a separate offense.
Public litter receptacles.
Public litter receptacles located in the Borough downtown area, Borough parks or Borough recreational areas are for pedestrian-generated litter and may not be used for persons disposing of household items or for commercially generated items.
Discarded items with concrete attached, such as pipes and posts, shall have the concrete removed prior to placement at curbside.
Items generated from minor home repairs and cleanups that do not require a permit may be placed at curbside for collection. Loose boards, wood products and other similar materials are to be securely in bundles not to exceed four feet in length and not to exceed 50 pounds in weight.
Rolled bulk trash items, such as carpets, carpet padding, pool liners, fencing, etc., must be rolled into bundles, securely tied, not exceed four feet in length and not exceed 50 pounds in weight.
Wood waste shall be containerized and shall not be placed within 10 feet of any storm drain inlet. Collection shall be limited to no more than three receptacles per week.
Grass clippings shall be containerized and shall not be placed within 10 feet of any storm drain inlet. Collection shall be limited to no more than three receptacles per week.
Yard waste shall be containerized and be limited to no more than three receptacles per week except under the following conditions:
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curbside is allowed during the seven days prior to a scheduled and announced yard waste collection.
During an announced yard waste collection, the yard waste shall not be placed closer than 10 feet to any storm drain inlet.
Placement of uncontainerized yard waste at curbside at any other time or in any other manner is a violation of this chapter.
All glass components of doors or windows shall be broken from their frame and shall be containerized for collection. This form of glass is not to be recycled.
Only two tires per week may be placed for collection. Rims must be removed from the tires prior to being placed for collection. Businesses that generate used tires through business operations shall dispose of them through a licensed recycling service.
Construction debris generated by a contractor or property owner will not be removed by the Borough. Disposal shall be the responsibility of the property owner or contractor.
Medical waste shall be not be placed for collection. All regulated medical waste shall be disposed of in accordance with N.J.A.C. 7:26-3A et seq. All unregulated medical waste shall be disposed of through a certified medical disposal site and/or facility.
The owner of any property shall be responsible for compliance with this chapter. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the Borough.
Violations and/or penalty notices shall be directed to the owner or management.
The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this chapter.
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the Borough of Paulsboro specifically provides for the collection of designated recyclable materials.
All commercial, institutional or industrial properties which provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
Every business, institution, or industrial facility shall report on an annual basis to the Borough Recycling Coordinator, on such forms as may be prescribed by the Borough, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
All food-service establishments, as defined in the Borough or County Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any code enforcement officer.
§ 38-7 New developments of multifamily residential units or commercial, institutional, or industrial properties.
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c:
Any application to the Borough Land Use Board, for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Borough Recycling Coordinator.
Prior to the issuance of a certificate of occupancy by the Borough, the owner of any new multifamily housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this chapter and the local sanitary code.
Once placed in the location identified by this chapter, or any rules or regulations promulgated pursuant to this chapter, no person, other than those authorized by the Borough, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
A debris recovery plan shall be filed with the Borough Recycling Coordinator prior to the commencement of any activity for which municipal approval is required as further identified above. The debris recovery plan shall identify the types and estimated quantities of construction and demolition ("C & D") debris to be generated from the project, how each material will be managed, and the name of each facility or service provider that the entity will use to manage each material. The plan shall further detail how the applicant shall ensure that a minimum of 50% of the materials to be generated will be separated and recycled.
Approval. A debris recovery plan shall be reviewed by the Borough Recycling Coordinator, and approved if it provides for all of the information required by this chapter. An approved debris recovery plan shall be marked "Approved" and returned to the owner of the entity which submitted the plan.
Denial. A debris recovery plan shall not be approved if it does not provide all of the information required by this chapter. If a debris recovery plan is not approved, the owner of the entity which submitted the plan shall be notified in writing that the plan has been rejected, including the reasons for the rejection. In order to obtain the building or demolition permit sought, the owner of the entity which will carry out the construction, renovation, or demolition project shall make the required changes and resubmit the debris recovery plan to the Municipal Recycling Coordinator.
Application. If the owner of an entity carrying out a covered project experiences circumstances that makes it infeasible to comply with the diversion requirement cited in this chapter, the owner of the entity may apply for an adjustment. The owner shall indicate in writing why it is infeasible to divert 50% of the materials being generated from the covered project and specify what percentage of diversion could be achieved. Increased costs to the owner of the entity carrying out the covered project will not be an acceptable justification for an adjustment.
Review. The Municipal Recycling Coordinator shall review the information supplied by the owner. If warranted the Borough Recycling Coordinator shall attempt to contact the owner to discuss possible ways of meeting the diversion requirement.
Granting of an adjustment. If the Municipal Recycling Coordinator determines that it is infeasible for the entity carrying out a covered project to divert 50% of the generated C&D debris from the covered project, the percentage of diversion required shall be adjusted. The owner shall be notified in writing of the adjusted diversion requirement. The owner of the entity carrying out the covered project shall be required to divert the percentage of C&D debris required by the adjustment.
Denial of adjustment. If the Borough Recycling Coordinator determines that it is feasible for the owner of an entity carrying out a covered project to meet the diversion requirement cited in this chapter, the owner shall be notified in writing of the denial of the diversion requirement adjustment.
Documentation. Upon completion of the covered project, but before the final inspection, the owner of the entity carrying out a covered project shall submit in person or by certified mail to the Borough Recycling Coordinator the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
A completed debris recovery report, signed by the owner of the entity carrying out a covered project, indicating the quantity of each material generated during the covered project diverted or disposed;
Receipts from all facilities or service providers utilized to divert and dispose materials generated during the covered project; and
Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.
The Borough Recycling Coordinator shall review the information submitted pursuant to this chapter and determine whether the owner of the entity carrying out the covered project has complied or failed to comply with the diversion requirement. The determination regarding compliance will be provided in writing to the owner of the entity carrying out the covered project.
An owner of the entity carrying out the covered project may appeal a determination of failure to comply under this chapter to the Borough within 30 days of the decision or determination. The appeal shall be in writing and shall state the facts and basis for the appeal. A decision by the Borough governing body shall be final.
The Code Enforcement Official, the Borough Police Department, the County Department of Health, the Borough Foreman, the Borough Recycling Coordinator, the Property Maintenance Official, and the Housing Officer are hereby individually and severally empowered to enforce the provisions of this chapter. The respective enforcing official may, in his or her discretion, post warning stickers for a first offense. An inspection may consist of dumping and opening of solid waste bags of containers to detect, by sound or sight, the presence of any recyclable material.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, on first offense, be punishable by a fine of $20.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, on second offense, be punishable by a fine of $35.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, on third offense, be punishable by a fine of no less than $50 and no more than $2,000.
Each day for which a violation of this chapter occurs shall be considered a separate offence.
Any person, firm or corporation cited for a first or second violation of any provision of this chapter may pay to the Clerk of the Municipal Court the fine designated herein before the court date in lieu of appearing on that date.
If it is determined, by a Court of competent jurisdiction, that any provision or section of this chapter is unconstitutional, all other sections and provisions shall remain in effect. This chapter shall take effect immediately.