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Borough of Hawthorne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Borough of Hawthorne 10-5-2005 by Ord. No. 1863-05. Amendments noted where applicable.]
Uniform construction codes — See Ch. 185.
Littering — See Ch. 315.
Property maintenance — See Ch. 370.
Recycling — See Ch. 376.
Vegetative and other wastes — See Ch. 499.
All solid waste not regulated by Chapter 376, Recycling, or Chapter 499, Vegetative and Other Waste, shall be subject to and regulated by the provisions of this chapter.
No hazardous wastes shall be placed into the municipal waste stream. Hazardous wastes shall be disposed of at a permitted facility or at any county household hazardous waste day.
The Borough shall provide for the pickup and disposal of solid waste, in reasonable amounts and generated at each site within the Borough, by contract with duly licensed solid waste hauler, referred to herein as the "Borough contractor," on such day or days of the week designated for each collection district. Each lot shall constitute a site, regardless of size or street frontage.
The following commercial and industrial establishments will not be collected by the Borough contractor: automobile body shops, bakeries, carpet stores, delicatessens or convenience food stores serving prepared food for immediate consumption, florists, funeral parlors, furniture stores, gas stations, manufacturers, movie theaters, new and used automobile dealers, package goods stores, packing houses, pharmacies, restaurants, taverns and bars. The owners or operators of the above-named establishments must make private arrangements with licensed solid waste haulers for pick up and disposal of all solid waste.
Establishments prohibited by this section from utilizing the regular Borough collection of solid waste may contract with the Borough contractor; provided, however, that such establishments may not have any solid waste collected on the same day as the regular solid waste collections for that district under the contract between the Borough and the Borough contractor.
Any establishment named in Subsection A above may make written application to the Recycling Coordinator for an exemption from the requirements of this section, which exemption may be granted by the said Coordinator; provided, however, that it is demonstrated that the type, volume or frequency of solid waste from such establishment is minimal and will not violate the intent and spirit of the provisions recited above and that enforcement of such restrictions would work a hardship on the applicant.
All solid waste to be collected by the Borough contractor shall be placed at curbside in containers which do not exceed either 50 gallons in size nor 50 pounds in weight. Such containers shall be either plastic or metal and equipped with a lid or cover which may be securely affixed in a manner sufficient to resist opening by varmints and other small animals. Every container must have handles and may not be narrower at the top than at the bottom. No trash will be left at the curb in plastic or paper bags, unless within an acceptable container, and no waste of any type may be brought from any other site for collection by the Borough contractor.
All trash, recycling, or other waste receptacles, when not placed at the curb for collection, shall be kept in a location behind the front line of the house or building.
Commercial dumpsters shall be screened from view with an appropriate, permanent material so as not to be visible to the public. All such dumpsters shall have a lid, which shall remain closed at all times.
Receptacles or other items to be disposed of shall be placed outside not sooner than 5:00 p.m. of the day immediately proceeding the day of collection, but no later than 6:00 a.m. the day of collection. After collection, any containers shall be removed from the curbside promptly by no later than 8:00 p.m. of the day of collection.
White metal goods are stoves, refrigerators, washing machines, hot-water heaters and other appliances which are made of metal and having a ceramic, plastic, fiberglass or other artificial finish. White metal goods shall not be considered bulky waste and will not be picked up by the Borough contractor on regular collection days. Special arrangements must be made with the Borough Recycling Office to schedule a pickup of white metal goods.
No construction waste is to be collected by the Municipal contractor. "Construction waste" includes all waste building materials, fixtures or debris, whether from new construction, remodeling, or demolition. "Construction and demolition waste" means waste, building material and rubble resulting from construction, remodeling, repair, and demolition operations on houses, commercial buildings, pavements and other structures. The following materials may be found in construction and demolition waste: treated and untreated wood scrap; tree parts, tree stumps and brush; concrete, asphalt, bricks, blocks and other masonry; plaster and wallboard; roofing materials; corrugated cardboard and miscellaneous paper; ferrous and nonferrous metal; nonasbestos building insulation; plastic scrap; carpets and padding; glass (window and door); and other miscellaneous materials; but shall not include other solid waste types. Notwithstanding the foregoing, and subject to the provisions of any bulky waste regulation promulgated by the Borough, limited amounts of construction debris may be placed for curbside pickup during bulky waste pickup weeks. Such waste shall consist of singular items, such as a toilet, sink, window or window frame, or cabinet, but shall not include concrete, block or other masonry, wood, metal, wall-to-wall carpeting or demolition debris. Such waste shall not weigh more than 50 pounds and shall be placed in such a manner as to not create a hazardous or dangerous situation.
Common dumpster. The Borough shall provide a common dumpster for deposit of construction waste (the "C & D dumpster") to be located at a site or sites having convenient public access as may be determined from time to time by the recycling coordinator. Use of the C & D dumpster shall be limited to residents of the Borough, or their contractors, who shall first obtain C & D dumpster permit ("C & D permit") from the Recycling Department upon payment of a fee of $35. No more than 2,000 pounds, or four cubic yards, of construction or demolition waste shall be deposited at the C & D dumpster under one C & D permit. The Recycling Department is hereby authorized to establish reasonable rules and regulations for the times and procedures for the use of the C & D dumpster and the enforcement of the permit requirements established in this chapter. No waste of any type may be brought from any other municipality for deposit at the C & D site.
Block and brick dumpster. A separate dumpster shall be made available for the disposal of block and brick, concrete and asphalt materials, to be located at the area containing the C & D dumpster. A separate permit shall be required for use of the block and brick dumpster upon payment of a fee of $20. No material shall be brought from any other municipality for deposit in the block and brick dumpster.
Building permit surcharge. At the time of issuance of every building permit under the Uniform Construction Code, the Building Code Official shall make a determination whether, in his or her opinion, more than 200 pounds or 1/2 cubic yard of construction or demolition waste will be likely to result from the work authorized by the building permit, and if so, there shall be added to the fees charged for the building permit a surcharge of $35 for which the applicant shall receive one C & D permit.
In addition to any fee or cost set forth in this section, the disposal of certain construction and demolition material at the Recycling Center of the Borough of Hawthorne by Borough residents may require the payment of fees as set forth in Chapter 220, Fees.
[Added 3-19-2014 by Ord. No. 2110-14]
On the first collection day of the month, residents may place furniture, toys or other bulky waste at the curb for collection. Bulky waste may not be placed at the curb at any other time. The amount of bulky waste that may be placed at the curb for pickup shall be determined by the Recycling Coordinator from time to time and made known to the public in a manner substantially similar to the provisions of § 376-2B.
There shall be no solid waste collection by any collector, whether the Borough collector or private solid waste haulers, prior to 7:00 a.m. on any day of the week (including Saturday and Sunday).
This chapter shall be enforced by the Police Department or any Code Enforcement Officer.
A violation of this chapter shall be subject to fine not to exceed $2,000.
[Amended 6-6-2007 by Ord. No. 1902-07]
In addition to any fines and penalties imposed for conviction of a violation of this chapter, any owner, occupant or other person who places material at the curb for collection in violation of this chapter, in a manner that creates a public nuisance or health hazard, shall be subject to the following fees which shall be assessed for emergency use of Borough employees to eliminate such nuisance or hazard:
Truck, per hour or part thereof
Heavy equipment, per hour or part thereof
Container cost
Recycling Department employee, per hour
Recycling Department Foreman, per hour
Disposal fee
Actual cost, but not less than $100, plus administration fee equal to 10% of the total cost
The primary responsibility for payment of the above fees shall be with the property owner, as shown on the tax assessment records of the Borough, and upon failure of such fees to be paid within 60 days after notification and demand for payment by the Recycling Department, the same shall become a lien upon the lands from which such material originated and shall be collected in the same manner as liens for unpaid taxes, assessments and water charges.