[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
From and after the effective date of this article, the following
regulations shall control the preparation of refuse and garbage proposed
to be collected by employees of this Township:
A.
Tree trimmings, hedge clippings, building materials, carpets, fences
and similar materials, but specifically excluding appliances replaced
or delivered by an appliance dealer or any construction debris left
by a contractor, may be left for collection only by the resident,
provided that all such materials shall be cut to a length not to exceed
four feet and securely tied in bundles not more than two feet thick
and not to exceed 50 pounds in weight. Any and all such materials
shall have all protruding objects, such as nails, removed or bent
flat. All such materials shall be deposited just inside the curbline
for collection. The Township shall not be responsible for the removal
of household garbage, refuse or trash in excess of eight cubic yards
per collection. Construction debris may be scheduled for extra collection
by a resident, in an amount not to exceed two thirty-five-gallon containers
per week.
[Amended 1-26-2010 by Ord. No. 4237-10]
B.
Receptacles and robocans.
(1)
Garbage and refuse shall be kept in acceptable watertight receptacles
with tight-fitting covers, except as hereinafter provided. The receptacles
shall be made out of metal, neoprene or vinyl, and each receptacle
shall have two handles. Cracked or badly damaged receptacles are prohibited.
Covers shall not be attached to the aforesaid receptacles by any means.
Garbage and refuse may also be placed in watertight heavy-duty plastic
bags, when properly sealed or tied. Heavy-duty plastic bags, when
properly sealed or tied, may be placed in receptacles.
[Amended 5-25-2010 by Ord. No. 4265-10]
(2)
In certain designated areas of the Township, residents shall be required
to place all garbage and refuse in automated containers, hereinafter
referred to as "robocans." Each single- or two-family residential
dwelling existing at time of the adoption of this subsection shall
be provided with one robocan per residential dwelling at no charge.
For all new single-family or two-family dwellings, the developer or
owner of said dwelling shall be required to pay a fee of $100 per
robocan. Said fee shall be paid to the Township prior to the issuance
of any certificate of occupancy for said residential unit.
(3)
Two additional robocans, if available, may be purchased by the developer
or owner for an additional fee of $100 per robocan.
[Amended 5-25-2010 by Ord. No. 4265-10]
(4)
All sanitation robocans issued by the Township shall be gray in color
and registered to the particular residential dwelling and shall remain
the property of the Township and shall not be removed from the premises.
The owner of the residential dwelling shall be required to maintain
the assigned robocan(s) in good condition. Each owner shall be required
to immediately report any theft, loss or damage to the Director of
the Toms River Township Department of Public Works. In the event any
robocan must be replaced, the owner shall pay a fee of $100 to replace
the lost, stolen or damaged robocan.
[Amended 5-25-2010 by Ord. No. 4265-10]
(5)
Sanitation robocans shall not contain any recyclable material, hazardous
materials, building material, concrete or dirt.
[Amended 5-25-2010 by Ord. No. 4265-10]
C.
All garbage, refuse and trash to be collected by the Township shall
be placed in the sidewalk area near the curbline in receptacles as
hereinafter described. Each receptacle shall not exceed 50 pounds
in weight.
D.
All garbage, refuse and trash shall be thoroughly and completely
drained of all water.
[Amended 5-25-2010 by Ord. No. 4265-10]
E.
All empty
cartons and boxes shall be flattened and placed in receptacles as
hereinabove described. Tying or bundling is prohibited.
[Amended 5-25-2010 by Ord. No. 4265-10]
F.
All empty cartons and boxes shall be either flattened and tied or
placed in receptacles as hereinabove described. Tied empty cartons
and boxes shall not exceed three feet in length or two feet in thickness
and shall further not exceed 20 pounds in weight.
G.
Hedge cuttings, grass, leaves and similar material which have not
been in contact with food or garbage shall either be placed in receptacles
as hereinabove described or placed in watertight heavy-duty plastic
bags.
H.
(Reserved)
I.
All broken glass shall be placed in a secure container in order to
facilitate safe loading during the collection process. Sawdust or
dust-producing material must be sealed in plastic bags. Ashes from
heat-generating devices shall be placed in watertight, heavy-duty
plastic bags for collection. All chemicals, including but not limited
to gasoline, paint, motor oil, etc., must be disposed of in compliance
with all applicable federal and local regulations. Chemical containers
shall be disposed of pursuant to the applicable federal and/or state
laws and the regulations promulgated thereunder. The Township of Toms
River shall not accept fiber containers and/or drums for disposal
unless and until the bottom and top of said containers and/or drums
shall have been completely crushed. The Township of Toms River shall
not accept any human or animal excrement for disposal under any circumstances.
J.
Garbage shall not be mixed with or placed in the same container with
any other refuse referred to in this article.
K.
Each container of garbage shall be so staked or otherwise stabilized
by the property owner, tenant or other person placing garbage for
collection, or from whose property such garbage is proposed to be
collected, that it does not upset or cannot be readily overturned,
as by a dog or child.
L.
If any container or bag of garbage is upset or overturned, other
than by Township employees engaged in garbage and refuse collection,
the property owner, tenant or other person placing garbage for municipal
collection shall promptly clean up such spilled garbage and restore
it to a watertight container or bag.
M.
No person shall place any of the items referred to in § 442-4 of this article in any street or highway, either for municipal collection or other disposal.
N.
If any container of garbage is upset or overturned by a Township
employee, he or she shall immediately collect such garbage and dispose
of the same in the municipal garbage truck.
O.
If any Township employee observes the noncompliance with any of the regulations in Subsections A through L of this section, he or she shall immediately notify the Director or Deputy Director of Public Works. The Director or Deputy Director of Public Works shall take whatever action he or she deems necessary under the circumstances, including notifying the property owner in question of the noncompliance with the terms of this article or ordering the Township employees not to collect the garbage in question.
P.
No garbage, recycling, refuse, or trash shall be placed near the curb for collection earlier than 5:00 a.m. on the regular collection date, except that garbage, recycling, refuse or trash contained in acceptable watertight receptacles described in Subsection B above may be placed near the curb after 7:00 p.m. of the day prior to the regular collection date scheduled by the Township. Garbage contained in heavy-duty plastic bags shall not be permitted to be placed near the curbside earlier than 5:00 a.m. of the day scheduled for garbage collection.
[Amended 6-9-2009 by Ord. No. 4205-09]
Q.
All empty garbage cans and other receptacles as described above,
including but not limited to robocans, must be removed from the curb
and stored alongside or adjacent to, and within six feet from, the
residential dwelling no later than 9:00 p.m. on collection day.
[Amended 2-9-2022 by Ord. No. 4727-22]
R.
Receptacles that are badly broken or otherwise fail to meet the requirements
of this article, or of any other of the regulations that may from
time to time be promulgated, may be classified as rubbish and may
be collected as such by the Township.
S.
Collection.
(1)
The Township of Toms River shall not collect garbage, refuse or trash
from any commercial or industrial user.
(2)
The Township shall not collect garbage, refuse or trash from any
user where it is determined by either the Township Board of Health,
the Ocean County Health Department or the Director or Deputy Director
of the Department of Public Works that more frequent collections are
required or where it is determined by the Township Board of Health
or the Ocean County Health Department that the placing of such garbage,
refuse or trash upon the sidewalk area near the curb for collection
would be detrimental to the health, safety and welfare of the residents
of Toms River Township.
(3)
Township-issued
robocans must be used for solid waste and recycling collection. Other
types of robocans are prohibited. No solid waste and recycling collection
services will be provided residences that fail to employ Township-issued
robocans.
[Added 2-9-2022 by Ord. No. 4727-22]
T.
COMMERCIAL USER
INDUSTRIAL USER
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Stores, offices or other business-type activities which are
operated for profit.
Factories, processing plants and any other manufacturing
enterprises.
U.
No refrigerators, air conditioners, condensing units or any other
appliances which contain Freon as part of the refrigeration process
may be brought to the Township's Recycling Center or left for collection
as refuse and garbage unless, prior to being left for collection,
all Freon has been removed from that appliance by a person or firm
which has the appropriate training and experience in the removal of
Freon from such appliance and who has certified, in writing, to the
removal of the Freon from that appliance. Such certification must
be presented with the appliance in question at the time of pickup.
If any one or more of the above regulations are not followed by the property owner, tenant or other person desiring municipal collection, the municipality shall not be obliged to make collection of the items, concerning which any one or more of the above regulations have not been followed. The decision as to whether or not to make collection is within the sole discretion of the Director or Deputy Director of Public Works. When any of the items named in or referred to in § 442-4 hereof are placed at or just inside the curbline, it shall be assumed that the same are so placed for municipal garbage and refuse collection and disposal.
The Director of Public Works or his or her representative is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of garbage, refuse and trash designated in § 442-4 of this article and such other matters as are required to implement this article. Such regulations shall take effect only upon the approval of the Township Council by adoption of a resolution implementing the same. The Director of Public Works or his or her representative is hereby authorized and directed to enforce the provisions of this article and any implementing regulations adopted hereunder.
[Amended 2-22-2011 by Ord. No. 4303-11]
Any person convicted of violating any of the provisions of Article II (Municipal Collection and Disposal) shall be punishable by a fine of not less than $100 nor more than $1,000 for each offense. Each day for which a violation of this article occurs shall be considered a separate offense. The provisions of Article II, Chapter 442, of the Code of the Township of Toms River, New Jersey, shall be enforced by the Department of Police, the Department of Public Works, the Construction Code Inspectors, the Code Enforcement Officer, the Ocean County Health Department and any other officer or official duly authorized by the Board of Health to enforce the provisions of this chapter.
