[HISTORY: Adopted by the Common Council of
the City of Linwood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-13-1967 as Ch. 22, Art. II,
of the 1967 Code]
Pursuant to Chapter 38 of the Laws of 1958,
by March 31, 1959,[1] all trash and garbage collected within the City of Linwood
and disposed of within the City of Linwood shall be disposed of by
the sanitary landfill or incinerator method in accordance with the
standards for the design, operation and maintenance of sanitary landfills
and incinerators contained in the State Sanitary Code.
[1]
Editor's Note: See N.J.S.A. 40:66A-31.
No trash or garbage shall, at any time, be collected
without the City of Linwood and disposed of within the City of Linwood.
No garbage, trees or stumps shall be placed
on the City dump at any time by anyone.
Any person who shall violate the provisions
of this article shall be subject to a fine not exceeding $200 or imprisonment
not exceeding 30 days, or both, in the discretion of the court hearing
the same.
[Adopted 10-12-1988 by Ord. No. 13-1988; amended in its entirety 11-25-2002 by Ord. No. 23-2002]
The purpose of this article is to regulate and
control the collection of solid wastes within the City of Linwood
and to comply with the Atlantic County recycling plans by establishing
a mandatory program for recycling which will result in the reduction
of the amount of solid waste to be disposed of, will reduce the cost
of landfill disposal fees, and extend the life of the landfill, and
at the same time the separation, collection and sale of recycled materials
will reduce the financial burden of solid waste disposal.
As used in this article, the following terms
shall have the meanings indicated:
Empty all-aluminum beverage and food containers.
The residue from fires used for cooking foods and heating
fires within residential units.
Any large, heavy and/or bulky household appliances, furniture
and furnishings, which cannot easily and safely be placed in the common
collection vehicles used for removal of solid waste within the City
of Linwood.
Clean, heavy box materials commonly known as "cardboard boxes"
and similar heavy-paper packaging containers that are free of plastic,
foam and other contaminants, also including food-packaging boxes and
other commercial packaging that is free of food contaminants, plastic,
wax and foam materials that would make it undesirable for recycling
purposes.
Those properties used primarily for commercial purposes and
those multiple dwelling residential buildings containing more than
four dwelling units.
Any scrap lumber, metal, earth, sand, bricks, stone, plaster,
roofing and siding material, and other debris of a similar nature
which accumulates and is incidental to the construction or renovation
of homes, buildings, public works or other projects.
Empty steel or tin food or beverage containers.
Any animal or vegetable wastes solids resulting from the
handling, preparation, cooking or consumption of foods, but not including
human wastes.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
All waste which is deemed to be chemical waste, hazardous
waste, or infectious waste as defined by N.J.S.A. 7:26-1.4, and which
shall include but not be limited to wastes which are flammable, corrosive
or explosive or which by themselves or in combination with other waste
would be hazardous to life or property.
Those facilities that house or serve groups of people, including
but not limited to hospitals, schools, nursing homes, libraries and
governmental offices.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions
and containing advertisements and other matters of public interest.
Expressly excluded, however, are newspapers which have been soiled.
Newspapers shall be deemed soiled if they have been exposed to substances
or conditions rendering them unusable for recycling.
Any type of commercial, industrial, or business establishment,
conducting a business whether for pecuniary profit or not for pecuniary
profit and any apartment house, hotel, country club, or dwelling house
having more than two dwelling units.
Every owner, lessee and occupant of a residence, commercial
or institutional establishment within the boundaries of the City of
Linwood.
Those materials which would otherwise become municipal solid
waste and which may be collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products.
Any occupied single or multifamily dwelling having up to
four dwelling units per structure from which a municipal or private
hauler collects solid waste.
A dwelling unit inclusive of a house or a multifamily dwelling
of two or less units used for residential purposes.
Includes rags, old clothes, leather, rubber, carpets, wood,
sawdust, tree branches, yard trimmings, wood furniture and other combustible
solids not of a highly volatile or explosive nature, metals, metal
shavings, tin cans, glass, crockery, and other similar materials,
exclusive of trade waste and waste resulting from building construction
or alteration work, and exclusive of cellar or yard dirt.
Garbage, refuse and other discarded solid material normally
collected by a municipal or private hauler.
A person or firm for hire, properly licensed in the State
of New Jersey for the purpose of collection of solid waste and solid
waste materials.
Any accepted public street, curb, sidewalk or alley.
All material resulting from the prosecution of any business,
trade, or industry, whether or not conducted for profit, and shall
include paper, rags, leather, rubber, cartons, boxes, wood, sawdust,
garbage, combustible and noncombustible solids except manure, metals,
metal shavings, wire, tin cans, cinders, and other materials exclusive
of wastes resulting from building construction or alteration work.
Includes any and all garbage, refuse paper, ashes and wastes
from building construction or alteration work, regardless of how originating
and shall also include cellar or yard dirt.
There is hereby established a program for the
mandatory separation of the following recyclable materials from the
municipal solid waste stream by all persons within the City of Linwood,
hereinafter referred to as the "municipality:"
A.
Aluminum cans.
B.
Ferrous containers.
C.
Glass containers.
D.
Newspapers.
E.
Leaves, grass and brush.
[Amended 5-9-2012 by Ord.
No. 8-2012]
F.
Plastic
bottles and jugs imprinted with a "1" or "2."
[Added 5-9-2012 by Ord.
No. 8-2012]
G.
White goods.
[Added 5-9-2012 by Ord.
No. 8-2012]
H.
Asphalt
and concrete.
[Added 5-9-2012 by Ord.
No. 8-2012]
I.
Propane
tanks.
[Added 5-9-2012 by Ord.
No. 8-2012]
J.
Consumer
electronics.
[Added 5-9-2012 by Ord.
No. 8-2012]
K.
Motor oil,
kerosene and No. 2 home heating oil.
[Added 5-9-2012 by Ord.
No. 8-2012]
L.
Antifreeze.
[Added 5-9-2012 by Ord.
No. 8-2012]
M.
Sealed
lead acid (SLA) batteries.
[Added 5-9-2012 by Ord.
No. 8-2012]
N.
Consumer
rechargeable batteries.
[Added 5-9-2012 by Ord.
No. 8-2012]
O.
Tires.
[Added 5-9-2012 by Ord.
No. 8-2012]
P.
Paper products.
[Added 5-9-2012 by Ord.
No. 8-2012]
Q.
Aerosol
containers.
[Added 9-10-2014 by Ord. No. 15-2014]
R.
Auto/truck
bodies.
[Added 9-10-2014 by Ord. No. 15-2014]
S.
Block/brick.
[Added 9-10-2014 by Ord. No. 15-2014]
T.
CFC refrigerants.
[Added 9-10-2014 by Ord. No. 15-2014]
U.
Fluorescent
bulbs.
[Added 9-10-2014 by Ord. No. 15-2014]
V.
Oil-contaminated
soil.
[Added 9-10-2014 by Ord. No. 15-2014]
W.
Oil filters.
[Added 9-10-2014 by Ord. No. 15-2014]
X.
Textiles.
[Added 9-10-2014 by Ord. No. 15-2014]
[Amended 5-9-2012 by Ord.
No. 8-2012]
The recyclable materials designated in § 235-7 of this article shall be put in a suitable container, separate from other solid waste, and placed at the curb or such other designated area for collection at such times and dates as may be hereinafter established in the municipality's recycling regulations. The container for recyclable materials shall be clearly labeled and placed at the curb or such other designated area for each collection.
All persons within the municipality shall, for
the period from March 1 through December 31 of each year, separate
leaves from other solid waste generated at their premises and, unless
the leaves are stored or recycled for composting or mulching on the
premises, place the leaves at the curb or other designated area for
collection at such times and dates and in the manner established by
the municipality's recycling regulations.
A.
Every residential user placing garbage, paper, ashes
and rubbish herein defined, for collection from, on, or in connection
with residential property or residential unit, which property shall
be within the boundaries of the City of Linwood, may have collection
and removal provided for them by the City of Linwood subject to the
rules and regulations set forth within this article.
B.
Disposal of trade waste, waste material, construction
debris, hazardous waste, and any items of solid waste not acceptable
for collection as specified within this article, shall be the responsibility
of property owner or his agent, the construction contractor or the
producer thereof to have the construction debris and/or trade waste,
waste material, and hazardous waste removed and disposed of at his
expensive by a solid waste collection contractor and the City of Linwood
shall not be responsible therefor.
C.
The City of Linwood shall not be responsible to furnish
collection vehicles or personnel to remove and dispose of more than
five containers of solid waste of nonresidential users within the
City of Linwood, unless otherwise dictated by City Council.
A.
Containers shall be provided by the owner, tenant,
lessee, or occupant of the premises. Refuse containers shall be maintained
in a clean, safe and good condition. Any container that does not conform
to the provisions of this article or that may have ragged or sharp
edges or any other defect liable to hamper or injure the person collecting
the contents thereof shall not be utilized. The collector shall have
authority to refuse collection services for failure to comply herewith.
B.
Appropriate containers:
(1)
The containers shall be of galvanized or plastic composition,
shall not exceed 40 gallons in capacity, shall be no heavier than
50 pounds when filled, shall have a lid or cover and shall have two
sturdy handles.
(2)
Plastic bags not less than two mils thick nor larger
than 40 gallons may be used if properly tied.
(3)
Substitute containers may be used in place of approved
containers such as another bag, which is water repellant and animal
repellant, treated paper garbage and refuse bags or bag of similar
nature. These bags shall not be less than two mils thick nor larger
than 40 gallons. All bags used shall be properly tied and secured
so as to prevent escape of solid waste.
C.
All garbage shall be thoroughly and completely drained
of all liquids, wrapped securely in paper and placed in a receptacle
as herein before set forth.
D.
All grass, weeds, lawn clippings, leaves, and similar
growths shall be placed in a container or recyclable biodegradable
yard waste bag so that they may be readily emptied. The total volume
of such grass, weeds, and lawn clippings and similar growths shall
not exceed 12 such packages in any one day's collection.
E.
All broken glass or any other dangerous materials
shall be placed in a secure container to facilitate safe loading of
broken glass or other dangerous material.
F.
All ashes shall be placed in a container covered in
such a manner as to prevent contents of the container from becoming
wet due to rain or snow. Ashes shall be cold and free from any hot
coals to prevent the possibility of fire, and the container with the
ashes shall not exceed 40 pounds in weight.
G.
Hedge and shrubbery clippings, tree trimmings and
garden refuse will be accepted only if securely tied in bundles not
exceeding 36 inches in length and 24 inches in diameter. The total
volume of such hedge or tree trimmings shall not exceed 12 such packages
in any one day's collection.
H.
Household furniture will be accepted. However, separate
arrangements must be made by the individual owner with the City of
Linwood for the purpose of removal of said items.
I.
No persons shall place on the curb or anywhere else
for purposes of collection any explosive of highly flammable materials
or hazardous waste inclusive of but not limited to benzine, gasoline,
petroleum, explosive powder, pool chemicals, nitrocellulose film,
unbroken fluorescent tubes, or portable propane gas tanks.
J.
Large bulky items such as stoves, beds, crates, etc.
shall not be collected with the regular garbage and trash pickup but
may be collected in accordance with a schedule as determined by the
Department of Public Works for the City of Linwood upon a specific
request by a residential user.
K.
Items such as refrigerators, freezers and air conditioners
require a hazardous handling fee of $15 to be paid to the City of
Linwood prior to collection and will be collected in accordance with
a schedule as determined by the Department of Public Works for the
City of Linwood.
L.
The City of Linwood, through its Department of Public
Works, reserves the right to refuse excessively bulky or heavy items
and will not dispose of items such as motor engine blocks, automobile
bodies or portions thereof, truck bodies or parts, and other such
items not ordinarily collected in the ordinary course of trash collection.
No refrigerators shall be placed for collection or disposal unless
and until the door of the refrigerator and/or freezer has been completely
removed from the hinges and the lock has been rendered inoperable.
M.
Arrangement for disposal of trees and stumps shall
be made by the owner, occupant or person in control of the premises
and shall not be collected by the City of Linwood.
N.
Each container of solid waste shall be placed on level
ground or surface by the property owner, tenant or other person placing
garbage for collection, or from whose property such garbage is proposed
to be collected, so that it does not easily upset.
O.
If any container of garbage is upset or overturned
other than by the City employees engaged in garbage or refuse collection,
the property owner, tenant or other person placing the garbage for
municipal collection shall promptly clean up such spill of garbage
and restore it to a suitable container as defined herein before.
P.
All items referred to in this article for collection
shall be placed at the curbline where easily accessible by the municipality
or private disposal.
Q.
If any container of garbage is upset or overturned
by a municipal employee other than as a result of improper preparation
by the residential user, the municipal employee shall immediately
collect such garbage and dispose of same in the collection vehicle.
R.
If any City employee in the course of his duties observes
noncompliance with any of the regulations of this article he shall
immediately notify the tenant or land owner of noncompliance and the
reason for not making the collection. Such notice may be given personally
or by written statement left on the premises. Each such instance of
noncollection shall be reported to the Supervisor of the Department
of Public Works by the person in charge of the particular truck not
making the collection.
S.
Paper drums or plywood drums shall not be utilized
for the storage of garbage, refuse or ash and containers of this type
will be collected by the municipality and disposed of.
T.
No person shall place in any receptacle any garbage,
refuse or any other material which could be injurious to the collectors
of the municipality.
U.
No trash or garbage shall be deposited upon any public
street nor any other public place except at the curb for collection
by the municipality in accordance herewith.
V.
Receptacles by nonresidential users must meet the
minimum requirements as set forth herein. However, said receptacles
can be larger in size so long as they are covered to prevent any refuse
from being scattered about by wind or other elements, are rodent-proof,
are cleaned and sanitized as required, and are conveniently located
on the premises for storage of refuse and are maintained in such a
manner as to prevent creation of a nuisance or menace to the public
health. Nonresidential users shall arrange to have refuse removed
daily unless suitable facilities are provided for the storage of solid
waste until its removal.
W.
When a residential user elects to clean up accumulated
refuse from cellars, back yards, alleys, attics, spare rooms and excess
furniture, it shall be the obligation of the residential user to place
such material in such quantity and in such a manner as not to create
a public nuisance and safety hazard and if the accumulation of solid
waste exceeds more than five containers prepared in accordance with
this article, the residential user shall either make special arrangements
with the Supervisor of the Department of Public Works to have the
materials picked up in accordance with a schedule established by the
Department of Public Works or shall arrange for private collection
thereof.
X.
Municipal employees shall not be required to make
garbage or trash collection from the premises of any residential user
whereon a dog is permitted to run loose.
Y.
No person or persons shall prevent or interface with
any agent, servant, or employee of the City or any authorized contractor
or collector of garbage, trash, or refuse, or his employees engaged
in the discharge of their duties, in the sweeping or cleaning of any
street or removal therefrom of sweepings, ashes, garbage, rubbish
or paper or other refuse materials or in the collection of garbage,
trash, waste, ashes, rubbish or similar material.
Collection from residential users shall be in
accordance with a schedule announced by the Department of Public Works
within the City of Linwood. This schedule may be from time to time
amended upon notice to counsel and publication.
A.
For collection pursuant to a schedule announced by
the Department of Public Works within the City of Linwood, all approved
containers must be placed at the curbline where easily accessible.
No containers shall be set out prior to 5:00 p.m. on the day prior
to collection and all containers shall be removed by 8:00 p.m. on
the collection day.
B.
When a regular collection day falls on a legal holiday,
containers shall not be set out until the next regularly scheduled
collection unless special announcement of collection is made by the
City.
A.
Collection shall be done in a quiet and orderly manner
in compliance with all applicable statutes and noise ordinances within
the City of Linwood.
B.
All solid waste collection contractors shall comply
with the ordinances of the City and rules and regulations and orders
of the Department of Public Works, as well as all applicable state,
county, and federal laws and regulations.
C.
All vehicles of solid waste collection contractors
shall be of a closed type and of such construction and loaded in such
a fashion that no part of the contents shall fall, leak or spill therefrom.
A.
All materials set or placed for collection by residential
users shall be set or placed as near as possible upon or along the
curbline and shall not be set or placed in any gutter, road or on
any walk, sidewalk or public thoroughfare so as to interfere with
public travel.
B.
City collectors of solid waste are prohibited from
entering upon any unaccepted lands, streets, service area, driveway
or alleys or any privately owned buildings or portion of any such
buildings for purpose of removing refuse materials to the curb and
if solid waste of residential users is not placed in accordance with
this article, the municipal collector will not accept the waste for
collection.
C.
When it shall appear to be more efficient for collection
by the municipality, the municipality on written request or permission
by the owner may authorize township collectors to enter upon and collect
garbage and refuse placed at the curbline or sideline of such unaccepted
streets, lanes, alleys, driveways, service areas or other thoroughfare
area as they may designate, subject to such conditions as they may
impose. Such collection service shall not, however, be construed to
be an acceptance of any such unaccepted thoroughfare or area.
A.
No person shall bring, cart, remove, transport or
collect any solid waste whether garbage, paper, ashes, rubbish, waste
materials, construction debris, bulk item, hazardous waste or trade
waste, from outside this municipality or into this municipality for
purpose of dumping or disposing thereof.
B.
No person shall bring, cart, remove, transport or
collect any trade waste, waste materials, construction debris, hazardous
waste or bulk item from a nonresidential user and place same for collection
with the solid waste of a residential user and, in these locations
where residential and nonresidential users are located on the same
premises, the solid waste shall be disposed of separately and in accordance
with this article.
It shall be a violation of this article for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in § 235-7 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.
No person shall throw or deposit paper, garbage,
ashes, waste, rubbish or any other litter or waste materials in any
fountain, pond, lake, stream or any body of water in a park or elsewhere
within this municipality.
Any solid waste placed for collection by a residential
user not in accordance with this article will be refused by the municipal
collector and it shall be the responsibility of the residential user
to remove said solid waste from the curbline and have it properly
containerized, packaged or secured for purposes of collection on the
next scheduled date or the residential user shall have same disposed
of privately by a solid waste collection contractor.
A.
Any person violating any provision of this article,
or any regulations adopted hereunder, shall be subject to a fine of
$25 for the first offense, and for each additional offense, not less
than $25 nor more than $500 for each offense.
B.
Each and every day in which a violation of any of
the provisions of this article exists shall constitute a separate
offense.
The Council of the municipality may exempt persons occupying commercial and institutional establishments from the source separation requirements of § 235-8 of this article if those persons have otherwise provided for the recycling of recyclable materials designated in § 235-7 of this article. To be eligible for an exemption under this section, the person seeking the same shall, prior to June 1 of each year, provide written documentation to the municipality of the total amount of materials recycled during the preceding calendar year.
