[Adopted 12-1-1986 by Ord. No. 86-27]
A.
The Mayor and Council hereby find that the existing
regulations for the collection and disposal of solid waste and refuse
within the borough require revision, not only to update the article,
but also to expand the mandatory recycling programs for specified
waste materials. The Mayor and Council find that the recycling of
waste materials decreases waste flow to landfill sites, will significantly
reduce the spiraling costs paid by the borough for landfill tipping
fees and associated taxes and will provide revenue to the borough
from reusable materials which will both conserve energy and increase
the resources of the borough. The purpose of this article is to regulate
and control the collection, disposal and transportation of solid waste
within the Borough of Metuchen, whether collected by borough personnel
or by private carters, and to mandate the separation and recycling
of certain specified waste materials.
B.
All collection, disposal, recycling and transportation
of solid waste within the borough shall be performed in accordance
with the terms, conditions and regulations of this article, as supplemented
by such additional regulations as may be promulgated by the Director
of Public Works of the borough, the County of Middlesex or the State
of New Jersey in such lawful form as those regulations may take.
[Amended 8-15-1988 by Ord. No. 88-16; 4-2-1990 by Ord. No.
90-5; 8-5-1991 by Ord. No. 91-14; 11-2-1992 by Ord. No. 92-36]
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Lumber (treated or painted) plaster, sheetrock, insulation,
shingles, rubble and other similar material generated by construction/development
requiring a building permit.
Furniture, box springs, nonmetallic bed frames, mattresses,
trunks, rugs and other material similar in mass.
Any animal or vegetable waste solid resulting from handling
preparation, cooking or consumption of foods, but not including human
waste.
Any and all liquid or solid waste presenting a clear danger
to health and safety by reason of its pathological, explosive, radiological
or toxic characteristics.
For the purpose of determining the number of containers to
be collected: a building or structure having separate ingress and
egress to the outdoors.
Rubble, bricks, cinder blocks, concrete, stone, rocks, building
and site debris, tree stumps, chemicals, tires, vehicular batteries,
hazardous material and any solid waste not generated on and from the
premises from which collection is sought.
Superintendent of the Department of Public Works or his/her
designee.
[Amended 9-18-1995 by Ord. No. 95-19]
Those items which are required to be separated from all other solid waste items as defined in § 160-8 of this article.
A dwelling unit such as a home or multifamily dwelling of
four or fewer units.
Garbage, rubbish and trash resulting from normal residential
activities.
Any unauthorized or unlicensed person, firm or corporation
collecting garbage, rubbish and trash placed at a collection point
for borough collection.
Any and all types of materials which shall be collected by
garbage/recycling vehicles.
A.
Days.
[Amended 3-4-1991 by Ord. No. 91-2]
(1)
Each residential and eligible nonresidential user
shall have his or her garbage and solid waste collected once weekly
as per the announced schedule of the Department of Public Works. There
shall be no solid waste collections or pickup of recyclable materials
on Sundays or scheduled holidays that fall upon any collection day.
Holidays to be observed are those as shall be announced in advance
by the Department of Public Works.
(2)
Entities and complexes not served by the Department
of Public Works shall have their solid waste collected on such daily
schedule, excepting Sundays, as their private agreement shall provide.
B.
Hours. The hours of solid waste collection shall be
from 6:00 a.m. until dusk and shall apply both to public and private
collectors.
[Amended 11-2-1992 by Ord. No. 92-36]
C.
Schedule of user fees. There is hereby established
a schedule of user fees for the collection and disposal of solid waste
in excess of seven thirty-two-gallon containers per collection day,
but not exceeding 14 of said containers, and also for between 15 and
21 thirty-two gallon containers per collection day. Said fee shall
be charged on a yearly basis (prorated by the month only during the
year of adoption) as follows:
[Amended 8-5-1991 by Ord. No. 91-14]
(1)
Yearly service fee for 8 to 14 containers: $400.
(2)
Yearly service fee for 15 to 21 containers: $600.
(3)
Patrons consistently exceeding 21 thirty-two-gallon
containers per collection day shall be subject to refusal of service
and shall be so notified in writing at least two weeks in advance
by the Recycling Coordinator.
D.
Recycling schedule.
[Amended 2-2-1987 by Ord. No. 87-3; 4-2-1990 by Ord. No.
90-5]
(1)
The Recycling Coordinator is hereby authorized and
empowered to establish and promulgate regulations as to the scheduling,
manner and methods of recyclable collections, such as the bundling,
handling, location and placement of all recyclable materials for collection,
subject to the approval of the Mayor and Borough Council by resolution.
(2)
The Recycling Coordinator shall notify the residents
of the regulations and scheduling, at a minimum, not less than twice
yearly and may include one of the following forms of notice: an advertisement
in a newspaper circulating in Metuchen, a posted notice in public
places where public notices are customarily posted or an official
notice mailed to the residents.
[Added 9-18-1995 by Ord. No. 95-19]
[Amended 4-2-1990 by Ord. No. 90-5]
A.
Solid waste containers shall be placed at a point
between the curb and sidewalk in front of or along the line of the
respective properties on the days and at the times fixed by the Department
of Public Works when the collection of solid waste and garbage is
to be made. The Department of Public Works shall have the authority
to designate a more precise curbside collection point. Such containers
as are reusable shall be removed by such persons within 12 hours after
such collection.
B.
No containers or their contents shall be placed along
the sidewalk for collection prior to 6:00 p.m. of the day before such
materials are to be collected in any particular district.
C.
Containers shall meet all of the following criteria:
(1)
Each container shall have a capacity of not more than
32 gallons. Heavy-duty plastic disposal bags of not less than three
mils thick are acceptable solid waste containers, provided that they
are securely tied and bound.
(2)
No residential solid waste container shall weigh more
than 50 pounds when placed at the curb for collection. Nor shall solid
waste be wedged into the containers in such a manner as to render
it infeasible for employees of the Department of Public Works to separate
the solid waste from its container.
(3)
Except as provided in § 160-5C, solid waste collection from any one pickup site, either residential or nonresidential, shall not exceed seven standard solid waste containers per collection day.
[Amended 3-4-1991 by Ord. No. 91-2; 9-15-1997 by Ord. No.
97-20]
(4)
Debris and other loose materials must either be placed
in containers complying with the provisions of this section or bundled
securely by cord or otherwise fastened, but may not be any larger
than four feet long and 18 inches in diameter. Each bundle shall be
counted as the equivalent of one container.
[Amended 11-2-1992 by Ord. No. 92-36]
(5)
Containers must be maintained in a manner that is
not dangerous to the health or safety of the public, and any containers
that are badly broken, damaged or deteriorated or otherwise fail to
meet the requirements of this section shall be classified as refuse
by the Department of Public Works and disposed of accordingly.
(6)
Drums, barrels, baskets and paper bags are not acceptable
solid waste containers and will not be collected. All residential
solid waste, except those materials hereinafter identified as mandatory
recyclable and other special materials, must be placed in approved
solid waste containers.
[Amended 8-15-1988 by Ord. No. 88-16; 4-2-1990 by Ord. No.
90-5; 3-4-1991 by Ord. No. 91-2; 11-2-1992 by Ord. No. 92-36]
A.
Bulk material may be placed at the curb for collection
as per the announced schedule of the Department of Public Works. Each
item shall count as the equivalent of one container of the maximum
of seven per collection day. All doors or lids on bulk items shall
be removed prior to placement for collection.
B.
No hazardous or prohibited material shall be placed
at the curb for collection by the borough by any resident or entity
without first obtaining permission from the Director of Public Works.
Upon application thereto, the Director shall render a decision whether
or not the material is acceptable for disposal in a landfill or must
be disposed of by private removal for which the resident or entity
must pay a separate charge. All contractors performing tasks generating
building and site debris shall arrange for its prompt removal by private
carting firms.
C.
No garbage, refuse or solid waste shall be stored
or transferred within the limits of the borough, unless prior thereto,
permission has been granted by the Department of Public Works and
the Mayor and Council and provided further that all necessary approvals
and permits have been received from the County of Middlesex and the
State of New Jersey.
D.
No person or entity shall bring, cart, remove, transport
or collect any solid waste from outside the borough into the borough
for the purpose of dumping or disposing thereof at curbside collection.
E.
No person or entity shall deposit household or commercial
solid waste in sidewalk trash receptacles maintained by the borough.
[Amended 8-15-1988 by Ord. No. 88-16; 4-2-1990 by Ord. No.
90-5; 11-2-1992 by Ord. No. 92-36]
A.
It shall be mandatory for all persons and entities
(residential, multifamily, commercial, industrial and institutional,
governments and office parks) to separate those materials herein defined
and specified from all other solid waste materials in accordance with
the provisions of this section. The day, time and manner of recycling
collection shall be established by the Recycling Coordinator.
[Amended 9-18-1995 by Ord. No. 95-19]
B.
The following materials shall be the subject of mandatory
recycling, all of which shall be separated from all other solid waste
and be placed at the curb collection point or taken to the municipal
recycling drop-off center on Jersey Avenue:
[Amended 9-18-1995 by Ord. No. 95-19]
(1)
Newspapers: paper of the type commonly referred to
as newsprint, but not including magazines, periodicals, books or other
paper products of any nature whatsoever. Newspaper used to wrap solid
waste may be discarded with the normal solid waste. All other newspapers
shall be tied securely with string or twine in bundles no more than
one foot high. Newspapers shall not be put out in brown paper bags
or cardboard boxes.
(2)
Glass: all products made from silica or sand, soda
ash and limestone, the product being either transparent or translucent
and having been used for the packaging or bottling of various matter,
as well as other material commonly known as glass; excluding, however,
window glass, Pyrex, vehicular windshields and mirrors. Glass shall
be separated by color (brown, green, and clear) and shall be placed
in suitable rigid open top containers, not including cardboard boxes.
(3)
Aluminum: Beverage containers shall be placed in suitable
rigid open top containers, not including cardboard boxes.
(4)
Residential and commercial paper: a combination of
corrugated cardboard and mixed paper as defined below. Residential
and commercial paper shall be collected as designated by the Recycling
Coordinator.
[Amended 9-18-1995 by Ord. No. 95-19]
(a)
Corrugated cardboard: boxes and packaging generally
made from wood pulp and consisting of two smooth sides with a corrugated
inner layer. Brown paper grocery bags are included in this category.
(b)
Mixed paper: glossy inserts, magazines, telephone
books, junk mail, colored paper, computer paper, office paper, paperboard
(chipboard and pressboard), nonmetallic wrapping paper, soft-cover
books, hard-cover books with covers removed and fine paper.
[Amended 12-17-2007 by Ord. No. 2007-11]
(5)
Plastic: Bottles and containers shall include only
beverage bottles (green or clear) or other transparent food containers
made of polyethylene terephthalate (PET), designated with the PET
1 recycling symbol; milk, water bottles or other translucent food
containers made of high-density polyethylene (HDPE) designated with
the HDPE 2 recycling symbol and bleach, detergent bottles or other
opaque containers bearing the symbol HDPE 2. Those plastics not included
herein are squeezable jars, children's toys, automobile bumpers, Styrofoam,
polyvinyl chloride (PVC) piping and other food wrapping material.
Plastics shall be placed in suitable rigid open top containers, not
including cardboard boxes.
(6)
Brush: branches, woody plants and other like vegetative
material that do not exceed five inches in diameter and Christmas
trees. All brush shall be either securely tied in bundles weighing
no more than 50 pounds per bundle and no longer than four fee in length
or in rigid open top containers not weighing more than 50 pounds.
Christmas trees must be free of all decoration and may not be wrapped
in plastic.
[Amended 9-18-1995 by Ord. No. 95-19]
(7)
Grass: Grass shall be placed in rigid reusable containers,
not including cardboard, not to exceed 50 pounds or in the alternative,
placed in biodegradable paper bags on days designated for collection.
(8)
Leaves: Leaves includes materials that are compostable
with leaves, such as buckeyes, pine needles or other deciduous matter
that falls from trees not including branches or limbs. Leaves shall
be placed at the curbline in only biodegradable paper bags on the
day(s) designated by the Recycling Coordinator. Leaves shall not be
raked, blown or otherwise deposited into the street.
[Amended 9-18-1995 by Ord. No. 95-19]
(9)
Scrap metal: Scrap metal includes washers, clothes
dryers, stoves, water heaters, tire rims, springs, bicycles, pipes,
chain link fencing, screens, lawn chairs, cast iron items and similar
products. Collection of scrap metal items shall be made by appointment
only with two day notice in advance of the scheduled scrap metal collection
date.
(10)
Steel cans: Food and beverage containers made
of steel and either tin-plated or lacquer-coated, including bimetal
cans (ferrous cans with aluminum tops).
[Added 9-18-1995 by Ord. No. 95-19;
amended 9-15-1997 by Ord. No. 97-20]
(11)
Textiles: clean dry clothing or other fabric
measuring at least one foot by one foot size (Municipal Drop Off Center
Only).
[Added 9-18-1995 by Ord. No. 95-19]
(12)
Masonry/paving
material: asphalt, block, brick, cinder, and concrete.
[Added 12-17-2007 by Ord. No. 2007-11]
(13)
Rechargeable
batteries: nickel cadmium (Ni-Cd), nickel metal hydride (Ni-MH), lithium
ion (Li-ion) and small sealed lead (Pb).
[Added 12-17-2007 by Ord. No. 2007-11]
(14)
Tires:
rubber-based scrap automotive, truck, and equipment tires.
[Added 12-17-2007 by Ord. No. 2007-11]
(15)
White
goods: washers, dryers, ranges, refrigerators, air conditioners. Note:
All devices that contain CFCs must be properly evacuated by licensed
individuals and all CFCs recovered must be sent to an EPA approved
reclaimer. The municipality will ensure the hauler shall be the responsible
party for the removal and disposal of the CFCs.
[Added 12-17-2007 by Ord. No. 2007-11]
(16)
For
commercial, industrial and institutional, governments and office parks:
[Added 12-17-2007 by Ord. No. 2007-11]
(a)
Electronics: televisions, CPUs, monitors, laptops, and mercury-containing
devices.
(b)
Fluorescent bulbs: lamps that contain mercury.
(c)
Plastic film: stretch/shrink wrap, plastic shopping bags –
only for warehouses, retail.
(d)
Wood scrap: unfinished lumber from new construction projects, including
pallets. Unfinished shall mean nonchemically treated (not pressure
treated, impregnated with preservatives, insecticides, fungicides,
creosote, or other chemicals, and not painted, resin-coated or otherwise
surface treated, and not laminated or bonded; and not similarly altered
from its natural condition) – only for new construction sites.
C.
From the time of placement at the curb by any person
or entity of any recyclable materials for collection by the borough,
such material shall become the property of the borough, and it shall
be a violation of this section for any person, scavenger, firm or
entity to tamper with, take, remove or otherwise convert to his or
her or its own use in any way such material, except as otherwise provided
for in this section.
D.
Notwithstanding § 160-8C, this article shall not prohibit or restrict any person or entity from making his or her or its own arrangements or agreements for private collection of recyclable materials, provided that notice of that agreement is registered with the Department of Public Works; and provided, further, that these materials are not placed at curbside on the regular days of their collection.
E.
A commercial, industrial or institutional premises
within the borough may make a written application to the Recycling
Coordinator, on a form to be provided by the borough, for exemption
from the source separation requirements of this article under the
following conditions:
[Amended 12-17-2007 by Ord. No. 2007-11]
(1)
The
mixed waste and recyclables taken from an eligible location may only
be taken to a location licensed as a "Transfer Station/MRF." That
facility must have the ability to separate out for recycling all mandated
recyclables that were commingled with the garbage.
(2)
Exemptions
are valid for a period of up to three years which will begin on the
date of issuance and expire on March 31 of the third year.
(3)
No
exemption renewal will be issued if the recycling tonnage report is
not received by March 1 of each year.
(4)
The
generator must apply in writing for the exemption and receive an official
written notice that it has been granted from that municipal official(s)
authorized by the article to grant exemptions. The exemption request
must be accompanied by the following information:
(a)
A letter from the specified hauler agreeing to have the mandated
materials separated, which must specifically list the materials that
will be separated.
(b)
A letter from the specified receiving facility including the valid
NJDEP permit number that states the mandated materials will be separated.
(c)
An explanation of why its particular operation, circumstance or facility
makes adhering to the source separation requirements of the recycling
plan impractical.
(d)
A description of the nature of the business and the estimated monthly
and yearly tonnages of solid waste and designated recyclables to be
generated by their facility. The generator must demonstrate that they
have at least seventy-five-percent mandated recyclables in their waste
stream to qualify for the exemption.
(e)
A list of mandated materials that the materials recovery facility
will be recycling for its business.
(f)
A description of how the generator disposed of its solid waste pursuant
to Middlesex County's waste flow strategy (Plan Amendment 1997-3)
and handled recyclables up to the date of the application.
(g)
A listing of any violations cited (and disposition thereof) for the
generator with reference to the solid waste or recyclables generated
from its facility.
(h)
The application shall be certified under oath so that in the event
there is a deliberate misstatement, the applicant will be subject
to enforcement action.
(5)
If,
during the terms of the exemption, the generator switches haulers,
or the hauler switches the receiving facility, the existing exemption
is no longer valid and must be reapplied for.
(6)
If
the generator is granted the exemption, the company is required to
include signage in a prominent place that states that recyclable material
is being sorted out at a materials recovery facility.
(7)
The
generator must be able to show the exemption approval and a copy of
his/her waste removal contract when the exemption is claimed to the
County Public Health Department recycling inspector.
(8)
Any
exemptions granted by the municipality will have to be material specific,
list the hauler name, and identify by street address the exact location
of the business that has been granted the exemption. Businesses with
more than one location must apply for exemptions for each location
separately. A copy of each exemption granted must be submitted by
the municipality to the Middlesex County DSWM.
[Amended 9-15-1997 by Ord. No. 97-20]
A.
Except as otherwise authorized by this article, it
shall be unlawful for any person, firm or entity to collect, pickup
or cause to be collected or picked up any material identified herein
as being the subject of mandatory recycling.
B.
Noncompliance by any person or entity with the other requirements of this article, including failure to separate those materials herein made the subject of mandatory recycling, shall be subject to the penalties as provided in § 160-10 for each offense. Additionally, noncompliance with the restriction as to the type, size and weight of containers shall be considered sufficient cause by the Department of Public Works for the noncollection of the garbage placed in the noncompliance containers.
[Added 9-15-1997 by Ord. No. 97-20]
Any person, firm or organization found guilty of violating the provisions of this article shall be deemed guilty of an offense and upon conviction thereof shall be subject to the penalties as provided in Ch. 1, General Provisions, Article 1, for each offense.
