[Amended 4-28-2008 by Ord. No. O-11-08]
A.
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.
B. ASHES BOROUGH BUILDING MATERIALS BUNDLES BUSINESS TRASH COMMERCIAL, INDUSTRIAL AND PROFESSIONAL PROPERTIES CONTAINER COORDINATOR DEPARTMENT DIRECTOR OF PUBLIC WORKS GARBAGE HAZARDOUS WASTE HOSPITAL/RED BAG WASTE HOUSEHOLD TRASH INDUSTRIAL WASTE LITTER MULTIPLE-DWELLING COMPLEX MULTIPLE-DWELLING UNIT PERSON RECEPTACLE RECYCLABLE MATERIALS(1) (2) (3) (4) (5) (6) (7) (8) (a) (b) (c) (9) (10) (11) (12) (13) (14) (15) REGULATIONS SEMI-AUTOMATED GARBAGE CART SINGLE RESIDENTIAL UNIT SOLID WASTE(1) (2) (3) STREET(1) (2) (3) (4) YARD WASTE
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.
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.
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.
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.
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).
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.
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.
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.
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.
Any building or structure and land appurtenant thereto containing more than 20 living units (such as townhouses, condominiums and apartment houses).
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." (See definition of "Semi-Automated Garbage Cart.")
[Amended 6-10-2024 by Ord. No. O-15-24]
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:
ALUMINUM CANSCans made from aluminum that were manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.
GLASS BOTTLES AND JARSBottles and jars made from glass, including clear, brown and green glass. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. A jar is defined as a wide-mouthed container that can be capped. Caps and lids not included. Specifically omitted from this definition are drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex® or ceramic.
PLASTIC BOTTLES (coded 1 and 2)Plastic bottles coded to indicate that they are comprised of the specific types of plastic compounds (polymers) known as polyethylene terephthalate (PETE) or high-density polyethylene (HDPE). See symbols below. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. Caps and lids are not included. Any item made of plastic that is not a bottle and any plastic bottle without one of the symbols shown below is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc., should not be recycled.
STEEL (TIN) CANSAn airtight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
NEWSPAPERA publication containing news, information and advertising, usually printed on low-cost paper called newsprint. "Newspaper" may include glossy inserts which come with the paper, dependent upon the market conditions at the time.
CORRUGATED CARDBOARDShipping containers made with kraft paper, linerboard and corrugated medium.
MIXED PAPERVarious categories of recyclable paper, including, but not limited to, white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogues, envelopes, soft-cover books.
LEAVES, GRASS, BRUSH:
LEAVESVegetative material, typically generated in the autumn when they fall from trees and then are raked from residential and/or commercial lawns.
GRASS CLIPPINGSVegetative material generated when grass (lawn) is cut.
BRUSHBranches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
NATURAL WOOD WASTELogs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
OIL-CONTAMINATED SOILNonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, No. 4 and No. 6 heating oils and certain other refinery products including coal tar). This type of soil shall be determined to be nonhazardous in accordance with the standards set forth in N.J.A.C. 7:26.
USED MOTOR OILMotor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
LEAD-ACID BATTERIESStorage batteries in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. These include starting batteries such as car batteries that deliver a short burst of high power to start the engine. In addition, they may include deep cell batteries found on boats or campers used to power accessories like trolling motors, winches or lights.
HAZARDOUS DRY CELL BATTERIESRechargeable batteries, such as nickel-cadmium, nickel-iron, nickel-metal hydride, lithium ion, small sealed lead acid, etc. These are often used as substitutes for nonrechargeable batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls, toys, etc. Also included in this definition are nonrechargeable batteries that are hazardous, as defined by the Resource Conservation Recovery Act (RCRA), regardless of the RCRA exclusion of household waste from the definition of hazardous waste pursuant to 40 CFR 261.4(b). Nonrechargeable, hazardous batteries include older alkaline and carbon zinc batteries as well as silver oxide, mercury and magnesium button-type batteries, etc. It should be noted that domestically manufactured alkaline and carbon zinc nonrechargeable batteries made after circa 1994 eliminated mercury content to the point that they should not be considered RCRA hazardous, and therefore are not included in this material category.
METAL APPLIANCESAppliances composed predominantly of metal and may include stoves, washing machines and dryers, for example, if the appliance is predominantly metal. Also included are air conditioners, refrigerators and dehumidifiers if they are predominantly metal. If these appliances on the latter list contain refrigerants that are prohibited by the Clean Air Act from being knowingly vented, the refrigerant must be recovered accordingly.
WHOLE TIRESTires that are whole, not chipped into small pieces. Tires are allowed to be recycled and/or incinerated for energy recovery.
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.
A ninety-five-gallon or less capacity container designed for the removal of solid waste, bought by and owned by the Borough of Wharton and distributed to residents for the disposal of solid waste.
[Added 6-10-2024 by Ord. No. O-15-24]
Any dwelling place occupied by one family.
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:
TYPE 10, MUNICIPAL WASTEResidential, commercial and institutional solid waste generated within a community.
TYPE 13, BULKY WASTELarge items of solid waste which, because of their size or weight, require handling other than normally used for municipal waste. Bulky waste includes, but is not limited to, such items as tree trunks, parts of auto bodies, demolition or construction material, appliances, furniture and drums.
TYPE 23, VEGETATIVE WASTEIncludes, but is not limited to, tree limbs, branches, leaves, grass clippings, plants and flower residue, etc.
Any right-of-way, avenue, boulevard, road, parkway, viaduct, drive or other way, which is:
An existing state, county or municipal roadway;
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
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
Not dedicated, in whole or part, as a parking area or driveway which provides access to any building or structures.
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.