[HISTORY: Adopted by the Borough Council of the Borough of Chesilhurst as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-25-1985 by Ord. No. 85-2; amended in its entirety 6-4-2009 by Ord. No. 2009-8]
The purpose of this article is to establish requirements for the proper handling of household waste and recyclables in the Borough of Chesilhurst, so as to protect public health and safety, and the general welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- BULKY WASTE
- Large items of solid waste which, because of their size or weight, require handling other than normal handling. "Bulk waste" includes but is not limited to refrigerators, washers, dryers, stoves, dishwashers, lawn mowers, hot water heaters, tree trunks, parts of automobiles, demolition or construction materials, furniture, drums, and all other metal items.
- The placement of household waste in reusable occupant- or owner-supplied trash cans, buckets, or other secure receptacle, such as to prevent the waste from spilling out or falling or blowing into the street and causing a public nuisance or coming into contact with stormwater.
- Animal and/or vegetable 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 waste which poses a threat 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 (or personal caregivers) as described in the New Jersey Department of Health and Senior Services 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 WASTE
- Every waste accumulation of paper, sweepings, dirt, dust, rags, bottles, cans or other matter of any kind, other than garbage, which is usually from a residence not otherwise defined herein. For disposal purposes, household waste also includes household batteries (for small electronics) and latex paints which have been mixed with kitty litter or sand and allowed to air dry.
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- A. All waste materials, listed below, having the ability to be returned, through processing, to their former or alternate use such as:
- (1) Corrugated paper and cardboard.
- (2) Newspaper, white paper, and computer paper.
- (3) Aluminum cans, beverage and food containers, foil and wrappers.
- (4) Plastic milk and water containers without caps.
- (5) Glass bottles and beverage containers without caps.
- (6) Soup, coffee cans, etc.
- (7) Laundry detergent, shampoo, fabric softener and bleach containers and bottles without caps.
- B. Recyclables are to be placed in reusable occupant- or owner-supplied trash cans for collection, and not in plastic trash bags for collection with other household trash and garbage.
- Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
The owner or occupant of any building within the Borough of Chesilhurst who shall place for disposal, removal or collection the following named items shall do so in strict conformity with the following regulations:
Discarded newspapers shall be securely bundled and tied with rope or cord sufficient in strength to facilitate handling in packages not to exceed 50 pounds and each said package shall not exceed 12 inches in height and shall be placed on the side of the street with other recyclables on designated collection day(s).
Glass, aluminum, plastic, and metal, which may be placed together, shall be contained in reusable occupant- or owner-supplied trash containers.
Recyclable and regular household waste may be placed for collection on the same day(s).
The following conduct is hereby prohibited and any violations are subject to citation and penalties:
The owner or occupant of any property shall not dispose of household waste for collection unless the waste is containerized and placed on the side of the street for garbage collection.
No containers shall be placed in the roadway or in such a manner that vehicular traffic lawfully travelling on the roadway is blocked or impeded.
No containers shall be placed on the side of the street for collection earlier than 7:00 p.m. on the day before the day designated for collection.
No containers shall be placed on the side of the street for collection the day before the designated collection if weather conditions are windy and stormy.
If uncontained household waste is placed in the street or falls/blows into the street, the party responsible for placement of the household waste shall remove the waste from the street or adjoining property.
Recyclables listed above are to be put in trash cans for collection and not plastic trash bags. Recyclables may be put in paper trash bags.
Yard waste, including tree limbs, plants, etc., shall not be mixed in with household trash. Yard waste may be set out in separate containers with household trash containers for weekly collection. To avoid confusion in collection, containerized yard waste should be placed several feet away from household trash and recyclables.
Liquid paint shall not be placed on the street for trash collection. Paint shall be dried out before collection is allowed. Any liquid paint set out for trash collection will not be collected.
Motor oil shall not be put out for trash collection but should be dropped off at a location designated by the Public Works Department for proper disposal.
Car batteries shall not to be put out for trash collection but should be dropped off at a location designated by the Public Works Department for proper disposal.
Car, bicycle and small truck tires may be placed out for weekly collection. No more than two tires without the rims may be put out per week.
Bulky waste shall not be placed for pickup during regular weekly collections. Arrangements with the Public Works Department for the collection of bulky waste must be made by the person responsible for such container or item.
Bundles of loose items for collection must be tied together. Each bundle shall not exceed four feet in length or exceed 50 pounds in weight.
Items considered hazardous waste, including but not limited to medical waste, toxic chemicals and solvents, and flammable liquids, shall not be placed on the street for household waste, yard waste, or recyclable collection.
No owner, tenant, lessee or occupant of any residential, commercial or industrial building in the Borough shall bring from other locations outside the Borough of Chesilhurst for disposal in the Borough of Chesilhurst bulky waste, construction debris, garbage, hazardous waste, hospital/red-bag waste, household waste, scrap materials, or any other materials classified as solid waste for collection.
The provisions of this article shall be enforced by the Borough's enforcement officer.
Any person(s) found to be in violation of § 402-4A through N of this article shall be subject to a minimum penalty by fine not to exceed $100, a maximum penalty by fine not to exceed $2,000, a term of imprisonment not to exceed 90 days, or a period of community service not to exceed 90 days, or any combination thereof, pursuant to N.J.S.A. 40:49-5.
Any person(s) found to be in violation of § 402-4O of this article shall be subject to a minimum penalty by fine of $2,500, or a term of imprisonment not to exceed 90 days, or a period of community service not to exceed 90 days, or any combination thereof, pursuant to N.J.S.A. 40:49-5. Maximum penalty by fine shall not exceed $10,000.
Any person(s) convicted of violating this article within one year of the date of a previous violation of this same article, and previously fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender, and said additional fine shall be calculated separately from the fine imposed for the current violation, pursuant to N.J.S.A. 40:49-5.