[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton (Ch. XVII of the Revised General Ordinances). Amendments noted where applicable.]
[Amended 4-28-2008 by Ord. No. O-11-08]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given hereafter. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely discretionary.
As used herein, the following terms shall have the meanings indicated:
- The residual from the burning of wood, coal, coke or other combustible materials.
- The Borough of Wharton.
- BUILDING MATERIALS
- Any material, such as lumber, brick, plaster, gutters, roofing shingles or other substances, accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures.
- Normally loose items which shall be collected if organized into bundles of not more than four feet in length and tied with heavy twine, rope, wire, etc. Bundles shall be organized as to be conveniently handled by one person. No bundle shall exceed 50 pounds in weight.
- BUSINESS TRASH
- Any waste, accumulation of dirt, dust, food, paper, cardboard, excelsior, rags or other accumulation, other than household trash, which is usually attendant to the operation of stores, offices or similar businesses.
- COMMERCIAL, INDUSTRIAL AND PROFESSIONAL PROPERTIES
- Any retail, manufacturing, wholesale, governmental or other nonresidential establishment.
- See "receptacle".
- The Solid Waste, Recycling and Clean Community Coordinator for the Borough of Wharton.
- The Borough of Wharton Public Works Department.
- DIRECTOR OF PUBLIC WORKS
- The Director of Public Works for the Borough of Wharton.
- Putrescible animal and/or vegetative waste resulting from the handling, preparation, consumption or cooking of food, and shall include any fecal waste from any animal or bird (when fecal matter has been separated from other waste and is double-bagged prior to placement for collection).
- HAZARDOUS WASTE
- Any waste or combination of wastes which pose a present or potential threat to human health, living organisms or the environment, including, but not limited to, waste material that is toxic, carcinogenic, corrosive, irritating, sensitizing, biologically infectious, explosive, flammable or radioactive and any waste so designated by the United States Environmental Protection Agency or the New Jersey Commissioner of the Environmental Protection Department.
- HOSPITAL/RED BAG WASTE
- Includes, but is not limited to, all instruments, supplies, containers, bandages, tubing, gloves, etc., used by health-care practitioners and facilities as described in the New Jersey Department of Health regulations and New Jersey law, section 306 of the Manual of Standards for Hospital Facilities, and N.J.S.A. 2C:36-6.1.
- HOUSEHOLD TRASH
- Every waste accumulation of paper, sweepings, dirt, dust, rages, bottles, cans or other matter of any kind, other than garbage, which is usually attendant to housekeeping.
- INDUSTRIAL WASTE
- All waste, including solids, semisolids, sludges and liquids, created by factories, processing plants or other manufacturing enterprises.
- Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material or any combination thereof, including but not limited to any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
- MULTIPLE-DWELLING COMPLEX
- Any building or structure and land appurtenant thereto containing more than 20 living units (such as townhouses, condominiums and apartment houses).
- MULTIPLE-DWELLING UNIT
- Any building or structure and land appurtenant thereto containing 20 or more living units.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- A container constructed of such material and in such a manner as to hold solid waste and trash and other such items without breaking or collapsing. Receptacles shall have handles and covers so that their contents are not exposed to the weather, animals and vermin. The receptacle shall be of such a design and weight as to be able to be conveniently handled by one person. No container shall exceed a weight of more than 50 pounds when loaded. Commercial garbage receptacles and fifty-five-gallon drums are not acceptable as containers. Receptacles which, in the opinion of the Department, are badly broken or fail to meet the requirements of this chapter may be classified as "household trash."
- RECYCLABLE MATERIALS
- All waste materials which have the ability to be returned, through processing, to their former or alternate use. Following are examples, but recyclable materials are not necessarily limited to these definitions of materials mandated to be source-separated and recycled in Morris County, New Jersey:
- Includes such rules, schedules or times promulgated by the Director of Public Works and adopted by the Borough Council to carry out the intent of this chapter.
- SINGLE RESIDENTIAL UNIT
- Any dwelling place occupied by one family.
- SOLID WASTE
- All garbage and rubbish normally generated by the occupants of residential and other property, disposed of by private and/or public collection and defined as "solid waste" by the New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-3). Items classified as recyclables shall be prohibited from being placed or co-mingled with other materials. The Borough of Wharton is licensed by solid waste permit to collect three types of waste:
- Any right-of-way, avenue, boulevard, road, parkway, viaduct, drive or other way, which is:
- (1) An existing state, county or municipal roadway;
- (2) Shown upon a plat approved by the Planning Board or Zoning Board of Adjustment and built in accordance with Borough standards and which may be either public or private; or
- (3) Shown on a plat filed with the office of the County Clerk of the County of Morris prior to the creation of the Planning Board or Zoning Board of Adjustment of the Borough of Wharton; and
- (4) Not dedicated, in whole or part, as a parking area or driveway which provides access to any building or structures.
- YARD WASTE
- Any waste accumulations of grass, leaves or shrubbery, cuttings or clippings, tree branches, tree limbs, parts of trees, bushes, shrubbery or other material usually created as refuse in case of yard maintenance. Yard waste shall be free of dirt, rocks and other bulky and noncombustible materials and shall be separated for purposes of collection into grass clippings and leaves and other materials.
Use of vehicle. Every person or persons or corporation who shall transport any of the above through or along any street in said Borough shall use a vehicle properly constructed and furnished with a sufficient covering so as to prevent the escape of the contents thereof.
Vehicles not to stand in streets. No such vehicles shall stand in the streets or other public places at any time except when being loaded.
All licensed solid waste haulers servicing residential, commercial and/or institutional premises located within the boundaries of the Borough shall be required to complete and submit tonnage reports of solid waste types collected within said boundaries, excluding recyclables, on a quarterly basis to the Board of Health of said Borough.
Collection sectors, together with the dates of collection, shall be established by regulations of the Department. In the event of emergent situations and inclement weather, such as ice and snow storms, high winds and/or heavy rains, the Department may suspend, restrict or modify the provisions of this chapter. Should any of the above situations occur, collection for the service which was suspended will resume on the next regularly scheduled collection day.
The following shall constitute holidays on which collection will not be made:
With the exception of qualified private communities as defined in N.J.S.A. 40:67-23.2, which have entered into a separate agreement with the Borough, property owners and their agents, lessees, tenants or other occupants who wish to have their solid waste disposed of by the Borough shall place solid waste from their units in appropriate containers, receptacles and/or bundles as specified at the street curb, if one exists, or adjacent to, but not on the street pavement if there is no curb. The number of containers shall not exceed six per dwelling on a single collection day; however, such limitations on the number of containers per collection day shall not apply to private, elementary or secondary schools. If residents plan to exceed six items or put out items that are over four feet in length or weigh over 50 pounds, they must call the Director between the hours of 8:30 p.m. and 4:00 p.m. at least one working day prior to their published collection day. They must describe the number of items placed out for collection, their volume and provide their address. Residents must also obtain stickers in accordance with § 264-16F(1) of this chapter. The Department shall reserve the right to determine the maximum capacity per truck and, therefore, the right to limit the number of special collections according to volume per route.
Subject to the provisions of § 231-14K(16) of Chapter 231, Property Maintenance, of the Code of the Borough of Wharton, receptacles shall be placed as specified above beginning at 5:00 p.m. of the day preceding the collection day. All containers with solid waste shall be placed by 6:00 a.m. of the collection day, and those placed after said hour may not be collected if said collection activity has already taken place. Solid waste receptacles shall be removed from the curb or pavement edge by 9:00 p.m. of the evening of the collection day.
Properties shall be permitted to place solid waste for collection pursuant to this chapter and regulations issued by the Borough Council. Said regulations shall, as a minimum, state the type and number of receptacles and shall provide for regular, special and unlimited pickup, subject to limitations of the municipal budget of the Borough.
The Department may, provided that sufficient capacity of the routes remain, permit additional receptacles to be placed, provided that special prior arrangements have been made with the Department.
No collection of solid waste shall be accomplished on property outside of the dedicated public right-of-way unless and until a release and a hold-harmless and indemnification agreement between the property owner of record and the Borough shall be executed and in force. The owner of record shall also execute a license to the Borough to permit access to the premises in question. These premises shall only be served after the Department has deemed the roadway navigable and offers maneuverability to municipal equipment. It shall be the responsibility of the property owners and their agents, lessees, tenants or other occupants residing at said premises to maintain the roadway and vegetative overgrowth. Failure to meet these requirements will result in loss of services until such time as they are met as determined by the Department.
Residential and nonresidential institutions will be served in accordance with the provisions of Subsections A and B of this section, provided that institutional driveways are navigable and offer maneuverability to Borough collection vehicles. No provisions are made for the collection of waste materials such as tires, waste oil and red bag (medical waste) or any other waste not collected from a private household.
Solid waste disposal service shall not be provided to any federal, state, county or municipal government properties other than properties of the Borough and its school facilities, or to multiple dwelling complexes, except a qualified private community as defined in N.J.S.A. 40:67-23.2, or to medical facilities or offices, except offices located in a residential structure.
The following items are prohibited from being placed for collection:
Construction materials, including, but not limited to, bulk roof shingles, dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard, sheetrock, etc.
Bulk grass cuttings and tree trimmings, except that these items may be collected if placed in reusable receptacles or approved leaf and grass clipping bags.
Hot ashes, dirt, earth, stone, blacktop, concrete, concrete block and macadam.
Industrial waste, including but not limited to, processed scrap materials, packing materials and certain hazardous and dangerous materials, such as acids, paints, fluorescent tubes, bulk amounts of glass, toxic materials and highly volatile or explosive matter, either in liquid, gaseous or solid form.
Bulk automotive parts, including, but not limited to, transmissions, engines, rear ends, wheels, mufflers, and other bulk items normally produced in quantity by vehicular repair operations.
Surgical dressings, syringes and disposable hospital-type waste items, also known as "red bag waste."
New and used motor oils, petroleum-based products or antifreeze.
Hazardous waste classified pursuant to regulations issued by the New Jersey Department of Environmental Protection (NJDEP), adopted under authority of N.J.S.A. 13:1D-9 and 13:1E-6, as amended. Toxic chemicals commonly known as "commercial hazardous waste" and "household hazardous waste" would be excluded.
Domestic or household bulky items, such as washing machines, dryers, refrigerators, stoves, household appliances, and other household furnishings such as chairs, sofas, rugs, padding, etc., shall not be placed at the curb for collection unless a sticker is purchased from the Borough in accordance with § 264-16F(1) of this chapter.
No individual, association, partnership or corporation shall leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator, freezer or dishwasher or any other item of any kind which has an airtight door, with or without lock, without first having removed said airtight door.
No individual, association, partnership, or corporation shall conduct a repair or salvage operation and use the services of the Borough for solid waste collection.
Branches and leaves. The Borough will provide yard waste collection consisting of leaves and/or brush (including tuber-type plant material, and hedge clippings). Such yard waste shall be free of contamination with any other materials, debris or hazardous substances. Yard waste will not be accepted in plastic bags. The acceptable receptacles are as defined in the definition known as "receptacles" and recyclable paper bags which are designated to contain leaves or grass clippings. Branches and leaves may be placed at the curb and tied or in reasonable piles no earlier than 5:00 p.m. the day preceding the scheduled collection day and no later than 6:00 a.m. of the collection day. All receptacles must be removed from the curb or pavement edge no later than 9:00 p.m. of the scheduled collection day.
Leaves collection schedule. During the months of October, November and December, leaves may be places in neat piles at the curb or pavement edge for collection, provided that the piles do not constitute a traffic hazard. Residents placing leaves for collection after said special leaves collections of October, November and December shall be required to contain the leaves in approved receptacles for their next regularly scheduled yard waste collection.
[Amended 4-28-2008 by Ord. No. O-11-08]
Grass clippings. Residents shall be required to contain grass clippings in accepted receptacles at the curb or pavement edge separate from garbage or refuse for collection in accordance with the schedule outlined in the Borough calendar under yard waste services. Any grass clippings placed at the curb or pavement edge during the months of leaves collection shall not be co-mingled with leaves or branches placed for collection. No private contractor shall place grass clippings at the curb or pavement edge. The Borough will collect and transport grass clippings to an approved composting facility; however, it is strongly encouraged that grass clippings be left on lawns.
In the event of change of occupancy due to the sale of the property or due to a change in tenancy, and in the event the property owner fails to clean up within 72 hours upon receipt of a notice by the Borough, said notice to be served personally or by certified mail, then in that event the Borough will clean up the property and the homeowner will be charged $200 for the cleanup per dwelling unit. In addition to the two-hundred-dollar-per-dwelling-unit fee and the sticker cost, as set forth in § 264-16F(1) of this chapter, the property owner will also be charged the actual amount of time and labor incurred by the Borough and the actual cost of disposal, including tipping fees. In the event the bill remains unpaid for a period of three months, the Department shall file with the Tax Collector a statement showing the amount of the unpaid bill, and said amount shall become a lien on the premises and shall be collected and enforced in the same manner that liens and taxes are enforced and collected.
The Department may issue regulations exempting from total or partial compliance with this chapter those residential properties whose sole occupant or occupants are unable to meet the requirements of this chapter by reason of a physical disability.
The Department shall forthwith transmit all solid waste collected pursuant to this chapter to lawfully licensed facilities designated by the County of Morris in the Morris County Solid Waste Plan and/or by the State of New Jersey. If permitted by said solid waste plan and if said users and markets exist on a positive cost-benefit-ratio basis to the Borough, then the Borough may elect to dispose of said solid waste or a portion thereof in an alternative manner pursuant to statute and regulation.
Upon classification of an item or material presently or prospectively a part of the co-mingled solid waste flow as recyclable, residential and other property owners, except for the United States Government and the State of New Jersey, shall cause themselves or their agents, lessees, tenants or their occupants to separate said item or materials separately for collection, whether said collection is performed by a municipal agency or private contractor.
On and after the date fixed in the regulations and in accordance with the terms thereof, it shall be mandatory for all persons who are owners, lessors, renters or occupants of residential dwellings and commercial, industrial and institutional properties in the Borough to separate recyclable materials from all other solid waste generated. Commercial, industrial and institutional properties that are not serviced by the Borough shall be required to negotiate with their private hauler/contractor in accordance with the provisions of the Morris County District Recycling Plan.
Waste materials to be recycled according to the New Jersey State regulations and designated as recyclable by the Borough are:
Aluminum food and beverage containers.
Glass food and beverage jars.
High-grade and mixed paper; computer, office paper, scrap paper, stationery/envelopes, and junk mail.
Newspapers and magazines.
Steel cans and bimetal containers.
Yard waste: leaves, grass clippings, branches and vegetative waste.
Plastic bottles (No. 1 PETE and No. 2 HDPE).
Tires, vehicular batteries.
Oil-contaminated soil (nonhazardous, type 27),
Stumps and logs.
Asphalt roof shingles.
Dry cell batteries.
White goods (appliances, CFCs to be recovered where applicable).
Materials classified as recyclable shall only be disposed of by:
Placing them for collection by the municipality pursuant to the terms of this chapter and regulations issued by the Department of Public Works in accordance with the provisions set forth in the Borough of Wharton municipal calendar.
Disposing of, giving, donating or selling them or permitting them to be collected by any person, partnership or corporation, whether operating for profit or not, provided that the material shall:
Recycling documentation in the form of weight slips or a signed business form letter shall be required from all those who market, collect, haul and/or generate recyclable materials, whether they are residential, commercial and/or institutional premises located within the boundaries of the Borough of Wharton, as required by the Morris County District Recycling Plan. These records and reports shall be submitted to the Borough of Wharton Recycling Coordinator on a quarterly basis, specifically not later than close of business January 1, April 1, July 1 and October 1 of a given year and beginning as of the effective date of this chapter.
Used tires: The Department will provide for the disposal of used tires by the residents. The Borough Council shall establish fees by resolution for the disposal of used tires. The disposal method shall be established by regulation of the Department.
In the case of multi-generator buildings, such as apartment buildings, hotels or office buildings, the building management as well as the generators shall be responsible for compliance with county- and municipality-mandated material source-separation recycling requirements. All multi-generator sectors must submit tonnage reports to the Borough on a quarterly basis, as described above.
The occupant or owner of any building within the Borough who shall place for disposal, removal or collection the following items shall do so in strict conformity with the following regulations:
Newspapers and magazines shall be bundled separately and secured in bundles not to exceed 50 pounds per single bundle.
Glass shall be contained in suitable occupant- or owner-supplied container. Said items shall be washed out with no lids on them.
Aluminum shall be contained in suitable occupant- or owner-supplied container. Said items shall be washed out.
Corrugated cardboard shall be broken down and bundled separately and secured in bundles not to exceed 50 pounds per bundle and shall not be contained in plastic bags.
Tires without rims will be picked up at curbside with proper stickers purchased from the Borough Hall. Sticker cost shall be $3 for the first tire and $2 for every tire thereafter, provided the stickers are purchased at the same time. For handicapped persons and senior citizens (over age 62), there is no charge for the stickers.
Other items shall be picked up by the Borough only when the proper sticker is displayed. The sticker shall be purchased from the Borough Hall at the cost set forth below. Senior citizens and handicapped persons will not be subject to the costs, provided they submit to the Borough Clerk proof that they are 62 years or over and/or are handicapped. The cost will be waived, provided the stickers are used for their primary residence only. Stickers obtained for commercial or rental property must be purchased as set forth below, regardless of age or handicapped.
The cost of all stickers shall be $10. Items that need stickers shall include, but are not limited to, washers, dryers, appliances, box springs, mattresses, furniture or any similar items. Refrigerators, freezers and air conditioners will be removed, provided that the freon is removed in accordance with state laws and the proper sticker adhered to the item.
The Borough has the right to sell or issue a limit of four stickers at a time to any one person.
The Council may, by resolution, grant other exceptions.
Plastic bottles and tin cans shall be contained in suitable occupant- or owner-supplied containers. Said items shall be washed out.
Subject to the provisions of § 231-14K(16) of Chapter 231, Property Maintenance, of the Code of the Borough of Wharton, all materials that are to be picked up at the curbside will be placed there on the scheduled day no earlier than 5:00 p.m. the previous day and no later than 6:00 a.m. on the date of the scheduled pickup. All receptacles must be removed from the curb or pavement edge no later than 9:00 p.m. on the scheduled collection day.
The Borough will not undertake to remove any solid waste or debris resulting from new construction or renovation. The resulting solid waste or debris will be the sole responsibility of the property owner or tenant, whichever the case may be.
In the event that a property owner must remove a large amount of solid waste from his property, i.e., house full of furniture, estate sale, etc., the property owner must then make arrangements for the removal of said solid waste. The removal of said solid waste will be the sole responsibility of the property owner.
The Director is hereby authorized and directed to promulgate such reasonable regulations as to the manner, days, times, fees, etc. for the collection of solid waste in accordance with the terms hereof and shall forward such regulations to the Borough Council for adoption by resolution. Such regulations may be amended from time to time as needed to encourage the operation of the collection program.
Property owners and their agents, lessees, tenants or other occupants who place materials not in accordance with this chapter shall hold harmless and indemnify for any or all losses the Borough, its employees and agents for all costs, direct and indirect, which are attributable, in the sole discretion of the Borough, for materials which were placed for collection in violation of the terms of this chapter.
This chapter shall be enforced in Municipal Court upon a complaint signed by the Health Officer, an employee of the Department or a police officer of the Borough, hereinafter referred to as the "Enforcement Officer." Further, once a complaint has been signed and issued, the responsibility for disposal of solid waste shall remain with the violator and/or shall be processed as a lien against the property and in accordance with law.
Any notice required to be given under this chapter shall be mailed by the Enforcement Officer to said owner and/or tenant either personally by certified mail, return receipt requested, addressed to his or her last known address or, if unknown, in the case of an owner, to his address as the same appears on the tax records of the Borough. Simultaneous notice may be sent by regular mail and will be considered to constitute notice in the event that the certified mail is refused by the addressee or the addressee's agent or is otherwise undeliverable. Service also may be accomplished by hand delivery to the owner and/or tenant.
Whenever the Enforcement Officer determines that there is or has been a violation of any provisions of this chapter notice shall be given of such violation to the person, persons, or entities responsible therefor under this chapter. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be properly and sufficiently served if a copy thereof is sent by registered or certified mail to the last known address of the person or entity upon which the same is served, as shown by the most recent tax sale lists of the Borough, or a copy thereof is left at the usual place of abode or office of said persons or entities, or is personally served. Notice shall be given as aforesaid within or without the Borough. The notice shall also state that, unless the violation is abated, removed, cured, prevented or desisted from within 10 days of the date of service of such notice (exclusive of the date of service), a summons shall be issued for said violation. The Enforcement Officer may, at the time he issues the notice, extend the period for compliance with the violation stated in the notice for a period in excess of the aforesaid 10 days if, in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the ten-day period, and, in such cases, the Enforcement Officer shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid 10 days. In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within said ten-day period or within such extended period as set forth in the notice, pursuant to the foregoing, a summons shall then be issued against the person, persons, entity or entities so notified.
Each collection in violation of this chapter and each day a violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
Any person or entity who shall violate any of the provisions of this chapter or any orders promulgated hereunder shall, after a summons is issued under the terms hereof and upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty.