[Amended 2-8-2024 by Ord. No. 2024-1]
As used in this article, the following terms shall have the
meanings indicated:
BULKY WASTE
Includes television sets, mattresses, large furniture, large trash, and similar materials not required to be recycled pursuant to Article
II of this chapter.
GARBAGE RECEPTACLE
A watertight container, can, or barrel containing waste for
disposal, made of metal or other durable material with a tight-fitting
cover, constructed to prevent the spillage of its contents. Garbage
receptacles used for collection services from the Borough shall be
limited to "one-arm bandit" compatible carts obtained from and assigned
by the Borough according to serial number.
ONE-ARM BANDIT
The "one-armed bandit" is an automated refuse collection
truck, utilizing specifically designed garbage receptacles to safely
collect curbside trash. These vehicles are equipped with a hydraulic
arm that extends out to grab and retrieve the garbage receptacle,
and then it lifts and dumps it into the truck and returns the empty
garbage receptacle to the original location.
SOLID WASTE
Includes all garbage and rubbish normally placed at the curb at residential and nonresidential properties in the Borough of Netcong for regular municipal collection. Solid waste shall not include "designated materials," as defined in Article
II of this chapter.
[Amended 5-12-2022 by Ord. No. 2022-4; 2-8-2024 by Ord. No. 2024-1]
A. Duty to provide.
(1) The owner, agent, lessee, tenant or occupant of every dwelling house,
store, restaurant, shop, commercial establishment or other building
in the Borough where solid waste shall accumulate must ensure proper
storage of garbage, trash, refuse and other solid waste in proper
garbage receptacles as defined in this article with tight-fitting
covers or lids and in such a manner as to prevent the escape of foul
odors and access thereto by flies and other vermin. When said receptacles
are stored outside, they shall be in the rear yard or side yard only
and no less than five feet from any property line. Residents and/or
businesses finding these requirements governing outside storage a
hardship may appeal, in writing, to the Borough Administrator for
relief.
(2) On properties containing more than a single unit, the provision of
receptacles in compliance with this article for each unit shall be
the responsibility of the property owner.
B. Number of receptacles. Each dwelling house or other building shall
have at least one garbage receptacle and as many more garbage receptacles
as are necessary to completely contain all solid waste generated by,
or accumulated by, each family unit residing on the premises and by
each store, restaurant, shop, commercial establishment or other building,
during the period from one collection day to the next ensuing collection
day.
C. Condition of receptacles.
(1) All garbage receptacles shall be cleaned and sanitized as needed
after collection. Plastic bags containing food by-products and other
solid waste must be stored in a proper garbage receptacle as defined
by this article.
(2) The use of baskets, cardboard boxes and paper bags, metal or nonissued
plastic cans, or other objects as garbage receptacles for solid waste
is not permitted.
(3) Garbage receptacles by the Borough that endure incidental damage
may be able to be repaired. It shall be the duty of the property owner
to notify the Borough Public Works Department of any damage to their
property's issued can and request repair.
(4) Garbage receptacles that are badly broken or otherwise fail to meet
the requirements of this article may be classified as solid waste
and may be collected as such by the Borough or the Borough's
designated agent and/or contractor.
The Borough, by its designated agents, contractor and/or employees,
shall collect and remove all solid waste which is generated by any
dwelling house, store, restaurant, shop, commercial establishment
and/or other building in the Borough when such solid waste is placed
into proper garbage receptacles and placed for collection in the manner
prescribed in this article.
It shall be the duty of the solid waste collection provider
to furnish a suitable number of scavenger trucks with watertight bodies
and so protected on top that no solid waste or other refuse shall
be blown or dropped from said vehicles. Each truck shall, at all times,
have at least one broom and shovel to clean up solid waste that may
be spilled or otherwise scattered during the process of collection.
It shall be a violation of this article for any such solid waste collection
provider to neglect or refuse to clean up any solid waste or other
refuse spilled or otherwise scattered during collection.
Any person engaged in the business of the collection or disposal
of solid waste and other refuse shall comply with all of the following
requirements:
A. Any truck used for the collection and transportation of solid waste
shall have a watertight body and be so protected on the top that no
solid waste or other refuse shall be blown or dropped from the truck.
The solid waste and other refuse carried in the truck shall be confined
within its permanent body construction. Such trucks shall be kept
covered at all times except during the period of filling or emptying.
B. Any solid waste or other refuse which spills or is dropped or blown
from a truck either during collection or transportation shall be swept
or cleaned up immediately so as not to leave any such matter upon
the streets or premises within the Borough.
C. All containers or receptacles emptied during the course of the collection
of solid waste or other refuse matter shall be returned to the locations
from which they were removed during the course of collection.
D. In addition to compliance with the foregoing requirements, any person
engaged in the collection or disposal of solid waste and other refuse
matter within the Borough shall comply with all state statutes, codes
and regulations and all municipal ordinances and regulations concerning
the collection and disposal of such materials.
No solid waste originating outside the Borough shall be placed,
dumped or accumulated on any premises within the Borough for collection
by the Borough.
To insure the effective operation of the provisions of this
article, the Borough Council is authorized to make such written rules,
regulations or orders as may be necessary to expedite or further implement
the provisions of this article.
[Amended 6-8-2023 by Ord. No. 2023-9]
The expenses of solid waste and recycling collection and disposal shall be paid by fees and service charges as generated by the Netcong Borough Solid Waste and Recycling Utility and governed under Chapter
80 of this Code.
Any person, firm, or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in Article
I of Chapter
1 of the Code of the Borough of Netcong.