[Adopted 7-11-1989 (Ch. 59, Art. III, of the 1974 Code)]
All receptacles required in this article of the Code of the Borough of Westville shall be supplied by the occupant or owner of the premises and shall be a container constructed of such material and in such a manner as to hold solid waste and trash and other such items without breaking or collapsing. Receptacles shall have handles and covers so that contents therein are not exposed to the weather, animals and vermin. A disposable plastic bag shall constitute a receptacle if it is of sufficient strength to hold its contents without breaking when collected. The receptacle shall be of such a design and weight as to be able to be conveniently handled by one person. No container shall exceed a weight of more than 50 pounds when loaded. Commercial garbage receptacles, fifty-five-gallon drums and dumpsters are not acceptable as containers. Receptacles which, in the opinion of the Department of Public Works, are badly broken or fail to meet the requirements of this article may be classified as garbage.
A. 
It shall be the duty of every owner, tenant, lessee or occupant of every building within the corporate limits of the Borough of Westville to provide or cause to be provided and to keep on the premises at all times suitable closed covered trash receptacles for receiving and holding household trash, business trash, garbage, recyclable materials and other animal and vegetable refuse that may accumulate or be collected in said building.
B. 
Any trash receptacle or dumpster that is visible to the public from the street shall be maintained in an enclosure. The enclosure shall be adequate to hide the trash receptacle or dumpster from public view. It shall be the duty of every owner, tenant, lessee or occupant of every building within the corporate limits of the Borough of Westville to obtain the approval of the Construction Official for the enclosure and obtain a permit from the Construction Office.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Property owners and their agents, lessees, tenants or other occupants of apartment complexes with eight or more units shall place their trash in a single area, maintained in an environmentally safe and sound manner, as approved by the Superintendent of Public Works or his/her nominee. The containers for such trash shall not exceed the specifications for receptacles as established in this article.
The following limitations and restrictions shall be imposed:
A. 
Professional and commercial establishments that generate only household trash as defined in this article shall be permitted to place their trash at the curb for regular pickup.
B. 
No industrial properties shall be collected, and such entity must make independent collection arrangements at least weekly.
C. 
Bulky waste as defined in this article will be collected at the curb at times established by the Superintendent of Public Works. All doors must be removed and sealed compartments rendered unsealable. All toxic solvents and hazardous materials must first be removed and disposed of by the resident or agent.
D. 
No hospital/red-bag waste as defined in § 318-5 shall be collected. Any health care provider must make independent arrangements for the weekly disposal of same.
E. 
Said collections shall be made between the hours of 5:00 a.m. and 6:00 p.m. of the days designated for collection by the Borough Council of the Borough of Westville.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
All receptacles shall be conveniently placed by the owner, tenant, lessee or occupant of the building on the curbline no earlier than 6:00 p.m. on the evening before the designated day of collection and shall be removed by 7:00 p.m. on the date of designated collection.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
No owner, tenant, lessee or occupant of any residential, commercial or industrial building in the Borough of Westville shall bring trash, garbage, vegetable or animal waste, construction debris or any other material classified as solid waste for collection from other locations outside the Borough of Westville.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Waste disposal service shall be provided to governmental and institutional properties (federal, state and/or county).
The following items are prohibited from being placed for collection:
A. 
Building materials, including but not limited to bulk roof shingles, dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard, sheetrock, etc., provided that such materials are the result of work performed by private contractors and not by the person residing in or owning the property from which the materials came. It shall be the responsibility of the homeowner to dispose of the materials described herein in the event that construction work is performed by a private contractor.
B. 
Hot ashes, dirt, earth, stone, blacktop, concrete, concrete block, bricks and macadam. The Superintendent may establish rules and regulations regarding the collection of certain of these items from private homeowners.
C. 
Industrial waste, including but not limited to processed scrap materials, packing materials and certain hazardous and dangerous materials, such as acids, paints, fluorescent tubes, bulk amounts of glass, toxic materials and highly volatile or explosive matter, either in liquid, gaseous or solid form.
D. 
Bulk automotive parts, including but not limited to transmissions, engines, rear ends, wheels, mufflers and other bulk items normally produced in quantity by vehicular repair operations.
E. 
Surgical dressings, syringes and disposable hospital-type waste items, also known as "red-bag waste."
F. 
New and used motor oils, petroleum-based products or antifreeze.
G. 
Hazardous waste classified pursuant to regulations issued by the New Jersey Department of Environmental Protection (NJDEP), adopted under authority of N.J.S.A. 13:1D-9 and 13:1E-6, as amended. Toxic chemicals commonly known as "commercial hazardous waste" and "household hazardous waste" would be excluded.
H. 
Large bulky items such as wood pallets and any other material or items emanating from a business, other than household trash.
A. 
Domestic or household bulky items, such as washing machines, dryers, refrigerators, stoves, household appliances and other household furnishings, such as chairs, sofas, rugs, padding, etc., shall be placed at the curb for collection as regulated by the Superintendent of Public Works. No bulky item shall be of a weight or be of a size greater than can be conveniently handled by two persons.
B. 
It shall be a violation of this article for any individual, association, partnership or corporation to leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator, freezer or dishwasher or any other item of any kind which has an airtight door, with or without lock, without first removing said airtight door.
C. 
It shall be a violation of this article for any individual, association, partnership or corporation to conduct a repair or salvage operation and use the services of the Borough for solid waste collection.
Branches and bulky tree limbs will be collected at certain times designated by the Borough. They shall first be deposited at the street curb, if one exists, but not on the street pavement if there is no curb. Branches and bulky tree limbs may be placed at the curb in reasonable piles prior to the scheduled collection. At no other time will branches and tree limbs be collected. No tree trunks shall be collected. The Borough shall notify the residents in advance of the date.
During the months of October, November and December, as established by the Superintendent of Public Works, there shall be leaf collection. During this time, leaves must be bagged and placed in neat piles at the curb or pavement edge for collection, provided that the piles do not constitute a traffic hazard. Residents gathering leaves for collection after said special leaf collection of October, November and December shall be required to contain the leaves in reusable receptacles for their next regularly scheduled waste collection and must obtain permission of the Borough before placing the leaves out for collection.
Yard waste shall not be collected by the Borough of Westville.
Property owners and their agents, lessees, tenants or other occupants who place materials not in accordance with this article shall hold harmless and indemnify for any or all losses the Borough of Westville, its employees and agents for all costs, direct and indirect, which are attributable, in the sole discretion of the Borough, to materials which were placed for collection in violation of the terms of this article.
This article shall be enforced in Municipal Court upon a complaint signed by a member of the Superintendent of Public Works or the Police Department of the Borough of Westville. Further, once a complaint has been signed and issued, the responsibility for disposal of solid waste shall lie with the violator and/or shall be processed as a lien against the property and in accordance with law.
The Mayor and Borough Council may issue regulations or pass a resolution, or, in the absence of same, the Superintendent of Public Works may issue regulations, exempting from total or partial compliance those residential properties whose sole occupant or occupants are unable to meet the requirements of this article by reason of a physical disability.
The Borough of Westville shall assume ownership of items or materials classified as recyclable upon collection by the Borough or upon delivery to a municipal dropoff center specified herein.
It shall be unlawful for any person or persons other than the person or persons designated by and/or bound under contract to the Borough of Westville to gather and remove or attempt to remove any garbage or other animal and vegetable refuse within the corporate limits of the Borough of Westville.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Upon classification of an item or material presently or prospectively a part of the commingled solid waste flow as recyclable, residential and other property owners shall cause themselves or their agents, lessees, tenants or their occupants to separate said item or materials separately for collection, whether said collection is performed by a municipal agency or private contractor.
B. 
On or after a date fixed by resolution and in accordance with the term thereof, it shall be mandatory for all persons who are owners, lessors, renters or occupants of residential dwellings and commercial, industrial and institutional properties in the Borough of Westville to separate recyclable materials from all other solid waste generated. Commercial, industrial and institutional properties that are not serviced by the Borough shall be required to negotiate with their private hauler for the pickup of recyclables or may negotiate with the Borough for pickup of same.
C. 
At the present time, the waste materials designated as recyclable by the Borough of Westville are:
(1) 
Aluminum and tin cans.
(2) 
Cardboard/corrugated paper.
(3) 
Glass food and beverage jars.
(4) 
High-grade and mixed paper: computer, office paper and stationery/envelopes.
(5) 
Newspapers and magazines.
(6) 
Plastics.
The Superintendent of Public Works is hereby authorized and directed to promulgate such reasonable regulations as to the manner, days, times, fees, etc., for the collection of solid waste in accordance with the terms hereof and shall forward such regulations to the Borough Committee for adoption by resolution. Such regulations may be amended from time to time as needed to encourage the operation of the collection program.
A. 
Each such collection in violation of this article and each day a violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
B. 
Any person, firm or corporation who violates or neglects to comply with any provision of this article or any rule, regulation or directive promulgated pursuant thereto shall be punishable, upon conviction thereof, as set forth in Chapter 1, Article I, § 1-15, General penalty.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Any owner, occupant, person, firm or corporation who violates or neglects to comply with any provision of this article or any rule, regulation or directive promulgated pursuant thereto shall, upon conviction thereof, have the garbage, refuse and debris collection for the property subject to such violations discontinued.