[Adopted 11-23-1993 by Ord. No. 2417 (Ch.
208, Art. II, of the 1978 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Large household items, i.e., white goods, furniture, appliances,
large tree cuttings, carpeting, tires, wood, etc., which because of
their size or weight cannot be contained in suitable receptacles.
The origin of waste matter from a wholesale, retail or service
establishment, including but not limited to restaurants, markets,
offices, retail and wholesale outlets, theaters, hotels and warehouses,
building contractors and landscaping contractors.
The form of ownership so defined in the State Condominium
Act, P.L. 1969, c. 257 (N.J.S.A. 46:8B-1 et seq.).
Any room or group of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are designed to be used for living, sleeping, cooking and eating.
Putrescible waste of animal or vegetable origin, usually
resulting from the preparation, cooking or consumption of food but
may include offal or other waste matter subject to biological decomposition
and the resultant malodorous and other nuisance conditions.
Any material or substance so defined in N.J.S.A. 13:1E-38
and the regulations thereunder or other federal, state or county statute
or regulation which prohibits disposal of said substance or material
in the solid waste disposal facility designed for use by the Township.
Schools, hospitals, churches, research institutions, nursing
homes and public buildings.
Any building or structure of one or more stories and any
land appurtenant thereto and any portion thereof in which there are
three or more units of dwelling space occupied or intended to be occupied
by three or more persons who live independently of each other. This
definition shall not include any dwelling units held under a condominium
form of ownership.
Garbage, rubbish, bulky waste, recyclables and any other
solid waste as defined herein.
The point of origin of wastes originating as household refuse
from residential, commercial or institutional sources within the Township
of Nutley and for any given property limited to that which is generated
by the inhabitants of that household. Refuse generated by private
contractors (builders, carpenters, landscapers, etc.) albeit at residential
properties, shall be the responsibility of the contractor to properly
dispose.
Any dry, nonputrescible waste.
The collection and transportation of solid waste, as defined
by this article, from its source or other location to a disposal site
or other applicable resource recovery facility. "Solid waste" from
all residential sources and from commercial and institutional sources
shall be placed at the curbside for collection as provided for below.
Lawn and garden refuse, including grass and hedge clippings,
small tree limbs, branches and other related lawn and garden waste
(excludes leaves).
Major household appliances, such as stoves, refrigerators,
washers, dryers, etc.
The following types of refuse shall be subject
to solid waste collection as herein provided:
The following shall not be subject to solid
waste collection as herein provided:
B.
Industrial waste.
C.
Hazardous waste.
D.
Liquid waste.
E.
Laboratory and pathological waste.
F.
Waste building materials and rubble resulting from
construction, remodeling, repair and demolition operations on residential
or commercial buildings, pavements or other structures.
G.
Tree trunks, large tree limbs and tree stumps.
H.
Earth and stones.
I.
Uprooted shrubs, bushes and other large, plantings
and any waste materials resulting from operations by landscape contractors.
A.
Every receptacle to be suitable for the storage and
collection of solid waste must meet the following specifications:
(1)
Be made of rigid, durable material such as metal or
heavy plastic.
(2)
Be of no more than 35 gallons' capacity.
(3)
Be solidly constructed with heavy-duty handles.
(4)
Have sturdy, tight-fitting lid.
(5)
Be in good repair, intact and in suitable condition
to adequately contain any solid or liquid waste and to preclude spillage
or leakage of contents.
(6)
Weigh not more than 50 pounds when placed for collection.
(7)
Not be made of paper or corrugated paper (paper bags
and boxes) except that corrugated boxes may be used for dry, nonputrescible
refuse provided that they are tied or sealed and protected from moisture
which would destroy their physical integrity when lifted.
(8)
Be tightly covered, tied or sealed, intact without
holes, creases or other breaks which will allow intrusion of rainwater
or access to contents by dogs, cats, squirrels, raccoons, rats, birds
or any other animal or vermin.
B.
Receptacles for refuse from multiple-dwelling, condominium
or commercial premises may have a greater capacity than that prescribed
herein, provided that they are:
C.
Receptacles that are severely damaged or otherwise
fail to meet the requirements of this section may be classified as
refuse and collected and disposed of as such by the person or agency
responsible for the collection of refuse.
D.
Receptacles shall be conveniently located on premises
for safe and sanitary storage of refuse and maintained in such manner
as to not cause a nuisance or menace to public health.
A.
The owner and tenant of each residential or commercial
establishment shall be responsible for providing a sufficient number
of receptacles to contain all accumulated waste for all applicable
dwelling or business units between periods of removal from the premises.
B.
There shall be no limit on the number of receptacles
placed out for collection, provided that they meet all other requirements
as herein provided.
C.
Any commercial or institutional establishment requiring
more than semiweekly refuse collection or using more than three receptacles
on a single collection shall retain a private hauler to remove its
refuse.
A.
All receptacles while being stored between collections
shall be maintained in a sanitary manner, and refuse storage areas
shall be adequate in size and kept in a clean, orderly and sanitary
condition.
B.
Receptacles are to be placed at the curb in a row,
one receptacle deep and one receptacle high, except that convenient
pedestrian access to the roadway must be provided, and property lines,
curb cuts, parking meters and intersections must not be obstructed.
C.
Receptacles of refuse shall not be set out for collection
except during hours of the day or days scheduled for collection of
refuse or the evening before.
D.
Receptacles or bulky wastes shall not be placed at
the curb, on the sidewalk or on any public right-of-way prior to 6:00
p.m. on the day preceding the scheduled collection day, nor later
than 7:00 a.m. on the scheduled collection day, except as follows:
in the commercial zone, receptacles shall be placed at the curb no
earlier than 5:00 a.m. nor later than 9:00 a.m. on the scheduled collection
day.
E.
Receptacles may not be stored on any sidewalk or on
the side of a building facing any street at any time other than for
collection.
F.
Receptacles shall not be permitted to remain at the
curb longer than two hours in any commercial zone after having been
emptied for collection.
G.
The property owner of a rental unit shall have ultimate
responsibility for the proper placement and removal of receptacles
for collection.
H.
Private haulers collecting from the curbside shall
collect between the hours of 10:00 a.m. and 12:00 noon.
A.
Items too large to be contained in a receptacle must
be broken down or reduced in volume and tied or bundled so that the
greatest dimension is not more than four feet, except that sofas,
chairs, mattresses and box springs will be accepted without being
broken down or bundled. No item or bundle shall weigh more than 50
pounds.
B.
Bulky waste shall be placed at the curb for collection
by the property owner and only at such times as prescribed for regular
collection of household refuse as provided herein.
Loose wood, brush, tree limbs and branches shall
be cut into four-foot lengths and tied in bundles weighing no more
than 50 pounds each.
White goods intended for disposal by the Township
shall be placed at the curb by the property owner in accordance with
requirements for placement of all other residential source refuse.
A.
All retail business establishments that sell food
or beverages (including tobacco products, candy and other allied products
which may be suitable for immediate consumption) shall be required
to maintain permanent litter containers or receptacles of a type approved
by the Township and placed within 10 feet of each entranceway in accordance
with Township specifications.
B.
Every owner, agent, lessee, tenant or occupant of
every dwelling, commercial enterprise or other premises where solid
waste accumulates in the Township shall provide and maintain in a
suitable place on the premises sufficient receptacles to contain accumulated
solid waste between collection periods. Commercial enterprises shall
arrange for removal of accumulated wastes as often as necessary to
prevent such wastes from becoming a public nuisance.
C.
Refuse collection shall be allowed only between the
hours of 7:00 a.m. and 6:00 p.m.
A.
No person shall throw, drop, dump, tow or otherwise
place any form of waste, abandoned automobile, automobile parts or
any excavated materials on any property, public or private.
B.
No person shall place or permit to be placed or discharge
or permit to be discharged or cast or deposit or cause to suffer to
be deposited into any of the brooks or rivers within the limits of
the Township or into any tributary thereof, which brooks or rivers
empty into the Passaic River, any sewage or waste matter, article
or substance, liquid or solid, of any kind.
C.
No person shall dump, deposit or place or cause to
be dumped, deposited or placed any rubbish, refuse or other material
in any brook, stream or watercourse or the bed thereof in the Township
that may in any manner hinder or obstruct the free flow of water in
such watercourse.
D.
No person shall place, cause to be placed or throw
or permit to be thrown any refuse, waste material or wastepaper or
discard any article in any street, alley or other public place or
upon any private property, whether owned by such person or not, within
the Township, nor shall any person throw or deposit any refuse in
any stream or any other body of water, nor shall any person cause,
place, sweep or deposit, anywhere within the Township, any refuse
or discard any item, article, thing or material of any kind or nature
whatsoever in such a manner that it may be carried or deposited by
the elements upon any street, sidewalk, alley, sewer, park or parkway
or other public place or onto any occupied premises privately or publicly
owned.
E.
No person shall deposit any refuse, rubbish or waste
matter or material of any kind upon any field, vacant lot or building
plot in the Township so that such matter or material is liable to
become a nuisance or become a breeding place for mosquitoes, insects,
rats or vermin of any kind or which creates a fire hazard or which
may tend to extend a conflagration.
No person shall prevent or interfere with any
Township employee or agent in the discharge of his/her duties inspecting
for the proper placement of receptacles or recyclable material for
collection or the sweeping or cleaning of any street or the removal
of sweepings, snow, ice or other refuse material or the removal of
solid waste or recyclable materials.
A.
Property owners, business operators, landlords and
tenants of a property shall each have all the duties and responsibilities
prescribed in this article, and no property owner, business operator,
landlord or tenant shall be relieved from such duties or responsibilities
by reason of the fact that the other of them or the occupant is also
responsible therefor and in violation thereof.
B.
Contract not to alter responsibilities. The respective
duties and responsibilities imposed hereunder on the property owner,
business operator, landlord or tenant shall not be altered or affected
by any agreement or contract to which one or more of them is or are
a party or parties.
Any person, firm, corporation or entity found
guilty of violating any section of this article shall, upon conviction
thereof, be fined not less than $100 nor more than $1,000 or imprisoned
for a period not to exceed 90 days, or both, for each violation of
this article. Each day that such violation(s) shall continue shall
be considered a separate violation.
