[HISTORY: Adopted by the City Council of the City of Englewood
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-7-1992 by Ord. No. 92-11]
The following regulations governing the collection, removal
and disposal of solid waste and recycling in the City are hereby established.
As used in this chapter, the following terms shall have the
meanings indicated:
The residue of the combustion of any type of solid fuel such
as wood, coal, coke, charcoal, or like substances.
Any individual, partnership, company or corporation which
engages in the business of providing or delivering prepared foods,
and setups therefor, including tablecloths, napkins, plates, glasses,
utensils, centerpieces, etc., at a place within the City of Englewood
other than their regular place of business designed to accommodate
20 or more persons.
Components resulting from the construction and/or demolition
of a building or structure, including brick, cement, asphalt roofing,
scrap metals, window glass, wood, tree stumps, logs, branches and
other like materials.
All waste, animal, fish, fowl, fruit or vegetable matter
resulting from the use and storage of food for human consumption and
including spoiled food, and food containers made of tin, glass, or
other materials.
Discarded newspapers.
Newspaper, glass beverage containers, aluminum cans, ferrous
scrap, leaves, white goods, tin cans, grass, construction and demolition
debris (concrete, brick, tree parts, nonferrous/ferrous metal, asphalt,
corrugated cardboard, where practical), corrugated cardboard, mixed
paper, Types 1 and 2 plastic containers, automobile batteries, waste
motor oil, high-grade office paper.
[Amended 5-19-1992 by Ord. No. 92-15; 6-23-2009 by Ord. No. 09-12]
Household or commercial refuse material such as paper, rags,
excelsior, straw, leather, rubber, cartons, boxes, sweepings from
buildings, cans (other than food containers), bottles, glassware,
earthenware, glass, leaves, hedge and tree trimmings, and like materials.
A person engaged in the collection, removal and disposal
of ashes, garbage, refuse and waste matter.
The collection, disposal and storage of recyclable materials
in such a manner so as to be kept separate and apart from other garbage,
rubbish and ashes for the purpose of aiding in the recycling of such
recyclable materials.
Major appliances such as hot water heaters, stoves, refrigerators,
dishwashers and similar items of ferrous scrap.
A.
All garbage and ashes shall be drained free of water and stored in
watertight covered cans or like containers made of galvanized steel
or other metal or suitable containers made of other materials which
will not rust easily, equipped with proper facilities for handling
and which can be readily cleaned. Except for containers designed for
pickup and disposal by private scavengers, no can or container shall
exceed more than 50 pounds when full, nor be filled higher than three
inches below the top. Garbage shall not be stored in paper or plastic
bags unless placed in a suitable container as specified above.
B.
Rubbish shall be stored in appropriate containers, preferably metal.
Except for containers designed for pickup and disposal by private
scavengers, no can or container shall weigh more than 50 pounds when
full. Containers shall be securely bound, free from handling hazards,
and of such quality as to prevent collapsing and the littering of
streets and sidewalks. Empty cartons, boxes, barrels, and crates shall
be collapsed and securely tied in bundles weighing not more than 50
pounds.
C.
No person shall litter, sweep, shake, throw, cast or lay, or direct,
suffer or permit any duly authorized agent under his control to litter,
sweep, shake, throw, cast or lay, or direct any ashes, garbage, paper,
dust, rubbish, or other refuse onto any public or private street,
sidewalk, lot, place, airshaft, driveway, areaway, yard, court, catch
basin or drain.
D.
No household, commercial or industrial rubbish or garbage shall be
placed in litter baskets provided by the City for the use of passing
pedestrians.
E.
In the event recycling of paper, metals or other material is required
by law, upon the effective date of such law, each such material shall
be stored separate and apart from the other garbage, ashes or rubbish
so as to be readily able to be collected separately.
F.
Newsprint shall be separate from other refuse for special collection.
Newsprint shall be securely tied into bundles not to exceed 30 pounds.
The bundles shall be tied with rope or twine which will not break
when the bundle is picked up.
G.
No human wastes shall be disposed of by placing such wastes in garbage
containers. Human waste shall be disposed of in the sanitary sewer
system, and all articles soiled with such waste, including but not
limited to diapers, shall be rinsed prior to their disposal. The effluent
from the rinsing shall also be disposed of in the sanitary sewer system.
[Amended 2-21-2012 by Ord. No. 12-01]
A.
With respect to residential premises, containers for garbage and
rubbish shall be placed in a convenient location where the containers
can be reached by City personnel without undue effort or hazard and
shall conform to the following requirements:
(1)
Collections of residential garbage and rubbish shall be made at the curb between the sidewalk area and the curb in front of each building in accordance with the provisions of § 364-5; however, where there is no sidewalk the collection shall be made on the residential property in close proximity to the roadway.
(2)
Collections of residential recycling materials shall be made at the curb between the sidewalk area and the curb in front of each building in accordance with the provisions of § 364-5.
(3)
Except as otherwise provided, all required recyclable materials placed
at curbside become the property of the City, and it shall be unlawful
for any other person or persons to pick up newsprint and other required
recyclable materials from the curbside.
B.
Collection of commercial and industrial garbage and rubbish shall be made at the rear of the business establishment wherever possible, and, if not possible, shall be made at the curb in front of the establishment only in accordance with the provisions of § 364-5.
C.
Refuse or other trash shall not be placed in the street or roadway,
nor shall any refuse, garbage, or other discarded object or collection
container be placed upon the sidewalk so as to obstruct or interfere
with pedestrian passage while such waste is awaiting collection.
D.
In the event heavy snow or ice conditions make the collection inaccessible
to City personnel, except by undue effort or hazard, it shall be the
obligation and responsibility of the property owner, lessee, tenant,
occupant, or other person having charge of any lot or building, or
part thereof, to make or cause to be made a path to and from the said
container of items to be disposed of by City personnel.
A.
Collections of residential garbage shall be made by the Department
of Public Works in accordance with a schedule and regulations established
by the Council.
B.
Collections of residential household rubbish and ashes, including tree trimmings, grass, brush and recyclable materials, shall be collected by the Department of Public Works in accordance with a schedule and regulations as determined by the Director of Public Works and approved by the Council. Such material shall not be placed at the area, as described in § 364-4 above, prior to 5:00 p.m. on the day next preceding the scheduled day of collection or after 7:00 a.m. of the scheduled day of collection. If for any reason such material is not collected by 7:00 p.m. on the scheduled date of collection, such material shall be removed from the curb. Grass clippings, hedge trimmings, recyclable materials, etc., shall be placed in boxes or other suitable temporary or permanent containers and placed together with other items of refuse which would not normally fit into such containers at the curb between the sidewalk area and the curb in front of the property in such a manner as to avoid interference with vehicular and pedestrian traffic and a normal flow of drainage water along the street or roadway. Brush and tree trimmings shall be cut into four-foot lengths, tied and placed in an orderly manner at the curb as heretofore described. No more than 12 bundles/containers shall be placed at the curb for pickup. Special pickups of more than 12 bundles/containers shall be provided by the City at the request of the property owner only upon the termination of commencement of the occupancy by the property owner at such property. In no case shall such items be placed at the curb or on a street or roadway for collection but shall be held on the property concerned until the special pickup is arranged.
C.
At their own expense, commercial landscape companies, tree surgeons,
arborists or tree contractors, gardeners, landscapers and horticulturists
shall be required to remove trimmings, brush, trees, grass clippings,
and such other materials from the premises on which they work to an
approved dumping area, approved by the City but not necessarily within
its corporation limits. All individuals, companies and/or corporations
wishing to conduct landscaping, gardening and other related activities
in the City shall be required to register annually with the Director
of Public Works of the City. Upon registration a sticker will be issued
for display on vehicles used by such contractors. A violation of this
chapter shall be grounds for revocation of such registration, and
upon such revocation, the registered party shall not conduct any further
activities in the City.
D.
The removal of debris and other building materials resulting from
construction of new buildings, alterations of existing buildings or
debris resulting from fire, windstorm or flood shall be the responsibility
of the homeowner, contractor or individual performing the work.
E.
Collections of garbage, rubbish and ashes from commercial and industrial
buildings, restaurants, nonpublic schools, hospitals and other premises
for which municipal collection is not provided shall be collected
on a private basis. Ashes, garbage and rubbish shall not be stored
at the curb awaiting collection except between the hours of 5:00 p.m.
and 8:00 p.m. and the hours of 6:00 a.m. to 9:00 a.m. on the days
of collection. If for any reason such material is not collected within
said time periods, such material shall be removed from the curb.
F.
Commercial retail companies shall be required, at their own expense,
to remove any items taken in as an exchange or trade resulting from
the sale of items to consumers, such as refrigerators, stoves, washing
machines, bathroom fixtures, and such other appliances and materials
from their premises to a dumping area approved by the City, which
area need not be within the City limits.
G.
Residential property owners shall be advised by the City as to the
collection schedule for newsprint and other recyclable materials.
Newsprint and other recyclable materials shall not be placed at curbside
prior to 5:00 p.m. on the date preceding collection. Newsprint shall
be tied in bundles with cord or string, with each such bundle not
weighing in excess of 30 pounds or being higher than 12 inches.
H.
Charitable and community service organizations desiring to sponsor
fund-raising drives shall have the right to pick up newsprint and
other recyclable materials from the curbside, provided that they comply
with the terms of a permit which shall be issued by the City Manager
upon timely application. As determined by the City Manager, the permit
shall specify the dates, hours, and geographical locations of pickup.
Newsprint and other recyclable materials intended for charitable collection
shall not be placed at curbside prior to 5:00 p.m. on the day preceding
collection.
I.
Commercial caterers shall be required, at their own expense, to remove
and dispose of any garbage or rubbish created or generated as a result
of any catering activity within the City of Englewood. Before conducting
any such catering activity, the caterer shall be required to register
annually with the Department of Public Works of the City. No catering
activity shall be permitted within the City of Englewood unless the
commercial caterer registers with the City of Englewood. Any church,
synagogue, charitable or community service organization which receives
municipal sanitation services shall notify the Director of Public
Works of the City prior to conducting any event or activity utilizing
the services of a commercial caterer.
No garbage shall be transported through any public street or
highway in the City except in vehicles so covered, constructed and
maintained as to prevent leakage, attracting of flies and the scattering
of contents or dust, and the body of the truck shall be properly constructed
and covered so as to prevent such leakage or loss of materials during
transit.
No collection shall be made in the City on Sundays or between
6:00 p.m. and 7:00 a.m. on weekdays in the residential section of
the City.
A.
Residential rubbish and garbage collection from within the City of
Englewood shall be delivered to an approved City disposal area, not
necessarily within the corporate limits of the City, and shall be
accepted at such area only when delivered by a person or firm authorized
to use such disposal area by the Director of Public Works. The City
reserves the right to reject material delivered to the disposal area
that does not comply with these regulations.
B.
Private scavengers, contractors, gardeners, landscapers or other
persons or firms engaged in the required collection and disposal of
garbage, ashes and rubbish shall not dispose of garbage, ashes or
rubbish at any facility operated by the City or upon any private property,
public street, public place or other location within the City of Englewood
except at such locations or facilities as may be approved or designated
by law for the disposal of solid waste.
C.
Clean dirt, stones and ashes may be hauled to and disposed of in
fill areas designated by the Director of Public Works.
Nothing herein contained shall be construed to affect, alter,
change or modify any rules, regulations, or ordinances of the Board
of Health of the City.
A.
The Director of the Department of Public Works, or his designee,
is hereby designated as the Recycling Coordinator for the City of
Englewood.
B.
All generators of solid waste within the City of Englewood shall
provide for source separation of recyclable materials.
C.
Glass and aluminum cans, bottles or containers shall be rinsed clean and placed in plastic bags, boxes or other appropriate containers in accordance with the requirements set forth in § 364-5 hereof.
E.
With respect to residential premises containing four units or more,
the owner of such premises shall provide appropriate containers for
the receipt of recyclable materials for the use of the occupants thereof
in such locations as shall be approved by the Director of the Department
of Public Works.
F.
With respect to industrial and commercial establishments and other premises not receiving municipal sanitation services, suitable containers shall be provided for the collection of recyclable materials for private collection in accordance with the provisions of § 364-5 hereof. In addition any person contracting for such private collection shall furnish to the City of Englewood the owner's name, address and telephone number, the name, address and telephone number of the private scavenger whom such person has a contract to collect recyclables, the location at which such recyclables are collected and a description of such recyclables. Such information shall be furnished to the Recycling Coordinator of the City of Englewood annually during the month of January. In the event there is a change in private scavengers within the calendar year, the person contracting with such private scavenger shall notify the City of Englewood of the change within 30 days after such change.
G.
Leaves shall be kept separate and apart from other solid waste and, unless stored and recycled for composting or mulching by the generator, shall not be disposed of except in a licensed leaf composting facility, vegetative waste composting facility or recycling center. During the dates specified by the City of Englewood for leaf pickup, leaves shall be raked or deposited at the curb in such a manner as not to interfere with the passage of vehicular or pedestrian traffic or in such a manner as not to unreasonably interfere with stormwater drainage. In lieu thereof, and at all other times, leaves shall be placed in biodegradable paper bags and left at the curb in accordance with the provisions of § 364-5 hereof. No person shall place leaves in plastic bags or dispose of leaves as solid waste or commingled with solid waste.[1]
H.
Any scavenger performing private collection of recyclable materials
within the City of Englewood shall comply with the following requirements:
(1)
Any scavenger performing private collection of recyclable materials
with the City of Englewood shall register annually with the Recycling
Coordinator. At the time of registration such scavenger shall furnish
the Recycling Coordinator with the following information:
(2)
Each such scavenger shall complete and furnish to the Recycling Coordinator
a monthly statement of recyclable materials collected within the City
of Englewood which contains:
(a)
A list of properties within the City of Englewood from which
recyclable materials are collected.
(b)
An estimate of the quantity of such recyclable materials collected
from within the City of Englewood.
(c)
The name and location where such recyclable materials are deposited
after collection.
(d)
Such other information as may reasonably be required by the
Recycling Coordinator.
(3)
No person shall collect any recyclable materials within the City
of Englewood unless such person has registered with the Recycling
Coordinator in accordance with the provisions hereof.
I.
Construction/demolition debris generated within the City of Englewood
shall be source separated and recycled in accordance with the following
requirements:
(1)
This subsection shall be applicable to all persons other than the
owner or occupant of a single-family residential building, unit or
structure performing construction or demolition work on such building,
unit or structure owned or occupied by such person, provided that
the total quantity of construction/demolition debris generated by
such owned or occupant does not exceed three cubic yards.
(2)
Within five days after completion of construction or demolition or within five days after the removal of any container of construction/demolition debris having a capacity of three cubic yards or more, the person to whom the construction/demolition permit was issued or who was required to have applied therefor shall furnish to the Recycling Coordinator a statement setting forth the information required pursuant to Subsection H above.
J.
Notwithstanding any other provision herein to the contrary, the removal and recycling of white metal within the City of Englewood shall be the responsibility of the person generating such white metal and shall not be included as part of municipal sanitation services. Persons intending to dispose of white metal shall notify the Recycling Coordinator of such intent and shall furnish the person's name, address and telephone number, the name, address and telephone number of the private scavenger or other person with whom arrangements have been made to remove and recycle such white metal, a description of the white metal to be recycled and the date and location from which such white metal is to be collected. The private scavenger or other such person with whom arrangements have been made to collect and recycle such white metal shall comply with the provisions of § 364-10H hereof and shall furnish to the Recycling Coordinator a statement setting forth the information required pursuant to Subsection H hereof.
K.
Grass clippings shall be kept separate and apart from other solid
waste and, unless stored or recycled for composting or mulching by
the generator, shall not be disposed of except in a licensed grass
composting facility, vegetative waste composting facility or recycling
center. No person shall place grass clippings in plastic bags or dispose
of grass clippings as solid waste or commingled with other solid waste.
Grass clippings shall be placed in either biodegradable paper bags
or in an appropriate container, weighing no more than 50 pounds when
full, which is capable of being lifted and the contents thereof dumped
into a collection vehicle.
[Added 5-19-1992 by Ord. No. 92-15]
A.
Except where another penalty is specifically imposed hereunder, any
person violating any provision of this article or any regulation adopted
by the Council pursuant thereto shall, upon conviction, be subject
to the following penalties:
B.
Any person violating the provisions of § 364-8, 364-10H, or 364-10I shall, upon conviction, be subject to a minimum penalty which shall consist of a fine in an amount of not less than $2,500 or a maximum penalty which shall consist of a fine not exceeding $10,000 and shall be subject to imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days.
[Amended 3-14-2006 by Ord. No. 06-04]
The Director of Public Works of the City and such employees
of the Department of Public Works as may be designated by the Director,
by the City Manager or by the Council shall, together with the Police
Department, enforce provisions of this chapter, and for this purpose
the Director of the Department of Public Works and such employees
of the Department of Public Works as are so designated shall be authorized
to serve warnings, summonses and complaints with respect to a violation
of this chapter. In no event shall more than two warnings be served
prior to the issuance of a summons or complaint.
In all cases where garbage, ashes or rubbish are disposed of in violation of § 364-8 hereof and are removed by the City of Englewood, the public officer in charge of such removal shall certify the cost of such removal and disposal to the City Manager. The City may take such action, as may be provided by law, for the recovery of such costs from the responsible person. Such violation shall also be filed with the Board of Public Utilities and the New Jersey Department of Environmental Protection with respect to all persons licensed therewith or issued franchises therefrom.
[Adopted 3-20-2012 by Ord. No. 12-09]
This article requires dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibits the spilling, dumping, leaking, or otherwise discharge
of liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the City of Englewood and/or
the waters of the state so as to protect public health, safety and
welfare, and 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.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned or operated by
the City of Englewood or other public body and designed and used for
collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls, whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
A.
Any person who controls, whether owned, leased, or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
B.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the City of Englewood.
Exceptions are as follows:
A.
Permitted temporary demolition containers.
B.
Litter receptacles (other than dumpsters or other bulk containers).
C.
Individual homeowner trash and recycling containers.
D.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
E.
Large bulky items (e.g., furniture, bound carpet and padding, and
white goods) placed curbside for pickup.
This article shall be enforced by the Property Maintenance Division
of the Building Department of the City of Englewood.
Any person who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $300 per
day for the violation.
