[Adopted 2-20-1996 by Ord. No. 1996-605]
The following terms used in this code and chapter shall mean and include:
- ALUMINUM CANS
- Beverage containers made of 100% aluminum.
- Branches, woody plants, and other like vegetative material that do not exceed five inches in diameter, and Christmas trees. "Brush" does not include leaves and grass clippings.
- The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.[Added 4-3-2006 by Ord. No. 2006-05]
- CORRUGATED CARDBOARD
- Such cardboard from residential, commercial and office sources.
- Animal and/or vegetable waste solids resulting from the handling, preparation, cooking and/or consumption of foods.
- Food and beverage containers commonly known as "jars" and "bottles" in the colors of clear, brown and green.
- 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 4-21-2008 by Ord. No. 2008-04]
- Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.[Added 4-3-2006 by Ord. No. 2006-05]
- PLASTIC CONTAINERS
- Plastic bottles made of PETE (SPI Code #1) or HDPE (SPI #2);
excluding plastic bottles containing or that contained household hazardous
waste products.[Amended 4-21-2008 by Ord. No. 2008-04]
- RECYCLABLE MATERIALS
- Items such as newspapers, cardboard or similar materials required to be recycled hereunder and as may be designated by the Department of Public Works.
- Private, commercial and institutional residents of the municipality that are required to recycle designated recyclables pursuant to this article.
- RESIDENTIAL REFUSE
- Garbage, combustible and/or noncombustible waste solids.
- STEEL CANS
- Tin plated, bimetal and other ferrous food and beverage containers.
- Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way, which is an existing state, county or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.[Added 4-3-2006 by Ord. No. 2006-05]
- Clean, dry clothing or other fabric measuring at least one foot by one foot in size.
- MOTOR OIL
- Discarded petroleum base or synthetic lubricating oil from automobile and other engines.
- USED NEWSPAPERS
- Including paper of the type commonly referred to as "newsprint," but not including magazines, periodicals, books and such other paper products of a similar nature.
- VEGETATIVE WASTE
- Grass clippings, garden cuttings and leaves.
- YARD WASTE
- Leaves and grass clippings.[Added 4-3-2006 by Ord. No. 2006-05]
The owner, agent, lessee, tenant or occupant of every dwelling or other premises where refuse and recyclables accumulate shall provide and keep on such premises sufficient and suitable receptacles for receiving and holding refuse and recyclables as required hereunder.
Sufficient receptacles, for the purpose of of this article, shall be at least one receptacle for each residential unit or commercial or office use where refuse shall accumulate as well as such containers as hereinafter prescribed for recyclables.
Suitable receptacles, for the purpose of this article, shall be watertight metal or plastic receptacles, with a tight-fitting cover for receptacles holding refuse, secured so as to prevent spilling or leakage of contents or as may be hereafter required. Each receptacle utilized for refuse by a residential, commercial or office use shall have a capacity of not more than 30 gallons and be equipped with a pull handle or handles.
Receptacles for refuse from multidwelling units or industrial premises may have a greater capacity than that prescribed in Subsection A(2), provided that such receptacles are:
Receptacles that are badly broken or otherwise fail to meet the requirements of this article may be considered as refuse and collected and disposed of as such by the person or agency responsible for the collection of refuse.
Receptacles of refuse and recyclables shall not be placed for collection except during daylight hours of the day scheduled for collection or not sooner than sundown of the day prior to the day of collection.
Receptacles for storage of refuse and recyclables shall be conveniently located and maintained in such manner as to prevent creation of a nuisance or menace to public health.
Garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper or plastic and placed in a receptacle as described in § 174-16 hereof.
Paper shall be secured and properly tied into bundles or other packages in a manner to prevent any scattering while awaiting or during collection. The bundles or packages shall be of a size and weight to permit ease of handling and as further required hereunder.
Refuse and recyclables, which cannot be deposited in a receptacle, shall be securely and properly tied into bundles or packages to prevent spilling or scattering as required hereunder. The bundles or packages shall be of a size and weight to permit ease of handling by one man.
Refuse prepared for collection shall not be packaged or otherwise assembled in quantities weighing not more than 50 pounds.
Any residential, nonprofit association or organization, business, commercial, and/or industrial establishment which contracts for recycling with an approved hauler other than the Borough or the Borough's designated recycling contractor shall be required to provide reports to the Recycling Coordinator at least every three months on the tonnage of materials recycled. Said reports shall include proof of the tonnages in the form of weight slips, bills of lading, or other such business records as deemed necessary by the Recycling Coordinator. In addition, the Recycling Coordinator shall require owners or operators of corporations or companies to issue notifications and collection rules to the residents, employees, or clientele of said corporation or company as deemed necessary. Said notifications shall be issued not less than every three months.
Any nonprofit association or organization which wishes to collect any designated recyclable may request permission from the Director or Recycling and/or Recycling Coordinator. A nonprofit association or organization wishing to collect any recyclable item may request permission from the Director of Recycling and/or Recycling Coordinator.
A nonprofit association or organization wishing permission to collect a recyclable item must identify the organization on whose behalf the request is being made, the proposed manner of collection (i.e., curbside, receptacle at a specific location, etc.) and must designate an individual who may be contacted by the Recycling Coordinator in the event further information is required.
The Director of Recycling and/or Recycling Coordinator may approve or deny the nonprofit association or organization's request based upon the consistency or inconsistency with the laws and regulations of the Borough of Spotswood, County of Middlesex, State of New Jersey. It shall be a precondition of approval for any nonprofit association or organization, that said association or organization shall agree to provide the Recycling Coordinator with data concerning the amount, quantity and/or weight of the materials collected at least every three months and enter into an agreement with the Borough to provide a clean and efficient recycling program.
Any nonprofit association or organization failing to cooperate with the Recycling Coordinator may be subject to denial or revocation of permission to collect recyclable items in the Borough.
The Department of Public Works is hereby authorized and directed to establish regulations, including but not limited to the manner, days and times of such collections and the bundling, handling, location and times of placement of all materials required to recycle hereunder. Regulations governing preparation, bundling, delivery and/or collection of designated recyclable materials shall be promulgated by resolution of the Borough Council with public notice of the regulations to be provided in accordance with the provisions of such resolution. Such public notices, at a minimum, shall satisfy the notification requirements of the New Jersey Statewide Mandatory Source Separation and Recycling Act.
[Amended 5-7-2007 by Ord. No. 2007-07]
At a minimum, recyclables shall be separated and prepared for collection as follows:
Newspaper and corrugated cardboard shall be placed at curbside in segregated, tied bundles not greater than 12 inches in height;
Mixed paper, including office paper, shall be placed at the curb in an appropriate mixed paper container;
Glass containers, aluminum cans, plastic containers and steel cans shall be commingled in a commingled container; and
Textiles shall be segregated in an appropriate textile bag.
These regulations shall be promulgated and are retroactive to January 1, 1996. The regulations shall be published and circulated within the Borough at least 30 days prior to the effective date thereof.
The Department of Public Works shall promulgate a public education/awareness program which shall also be coordinated with such a program as may be developed and implemented by the Middlesex County Improvement Authority if the Borough shall be a participant in a county-wide recycling program. The program, at a minimum, shall provide that a notification be sent to all residents informing them of the designated recyclables required to be source-separated under the terms of this article and shall include the schedule for collection, manner in which the designated recyclables are to be prepared for collection, and provide for posting or publication of such notification not less than twice yearly by one of the following forms of notice:
The Department may prepare and distribute additional literature and other educational materials describing, among other things:
The municipal recycling program established pursuant to this article;
Any county-wide recycling program and the recycling services to be provided within the geographic boundaries of the Borough;
The designated recyclables to be source-separated;
The manner or method of preparing source-separated material for collection; and
The location and schedules for collection.
All such literature and other educational materials shall be prepared in accordance with written guidelines established by the Middlesex County Improvement Authority in the event the Borough is participating in a county-wide recycling program and shall be approved by the Authority prior to distribution.
[Amended 2-4-2002 by Ord. No. 2002-024; 4-21-2008 by Ord. No. 2008-04]
All residential (including multifamily), commercial, industrial, institutional, governmental and office park uses within the Borough shall source separate newspapers, textiles, glass, aluminum cans, high-grade office paper, corrugated cardboard, brush, leaves, motor oil, steel cans, plastic containers [PETE (SPI Code 1 and HDPE (SPI Code #2)] mixed paper, telephone books, paperboard (chipboard and pressboard), nonmetallic wrapping paper, soft cover books, hard cover books with covers removed, masonry/paving material (i.e., asphalt, block brick, cinder, and concrete), rechargeable batteries [i.e., Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MH), Lithium Ion (Li-ion) and Small Sealed Lead (Pb)], tires (i.e., rubber-based scrap automotive, truck, and equipment tires), white goods/appliances (i.e., washers, dryers, ranges, refrigerators, air conditioners, and dehumidifiers) with all CFCs in any white goods to be properly evacuated by licensed individuals and all CFCs recovered sent to an EPA approved reclaimer from all other solid waste generated or disposed of by persons subject to this article. In addition, all commercial, industrial, institutional, governmental and office park uses shall source separate electronics (i.e., televisions, CPUs, monitors, laptops, and mercury-containing devices), fluorescent bulbs (i.e., lamps that contain mercury), plastic film (i.e., stretch/shrink wrap, plastic shopping bags but only for warehouses, retail establishments and supermarkets with 25 or more employees), wood scrap (i.e., unfinished non-chemically-treated lumber from new construction projects including pallets (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, but only for new construction sites.)
The above-designated recyclable materials shall be prepared for collection by the waste generator in accordance with regulations established and promulgated by resolution of the Borough Council. The Borough Council, by resolution, shall further establish and promulgate regulations for the waste generator to deliver to curbside or to convenient recycling centers the properly prepared and bundled designated recyclable materials.
[Amended 2-4-2002 by Ord. No. 2002-024; 4-21-2008 by Ord. No. 2008-04]
The owner of a commercial or institutional premise within the Borough, or a tenant with the owner's written consent, may make 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.
The mixed waste and recyclables taken from an eligible location may only be taken to a licensed transfer station/MRF. That facility must have the ability to separate out for recycling all mandated recyclables that were commingled with the garbage.
Exemptions shall be 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.
No exemption renewal shall be issued if a required recycling tonnage report is not received by March 1 of each year.
Provision of the following:
A letter from the specified hauler agreeing to have the mandated materials separated, which must specifically list the materials that will be separated.
A letter from the specified receiving facility including the valid NJDEP permit number that states the mandated materials that will be separated.
An explanation of why any particular operation, circumstance or facility makes adhering to the source separation requirements of the recycling plan impractical.
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 the facility. The generator must demonstrate that it has at least 75% mandated recyclables in its waste stream to qualify for the exemption.
A list of mandated materials that the materials recovery facility will be recycling for the business.
A description of how the generator disposed of solid waste pursuant to Middlesex County's waste flow strategy (Plan Amendment 1997-3) and handled recyclables up to the date of the application.
A listing of any violations cited (and disposition thereof) for the generator with reference to the solid waste or recyclables generated from its facility.
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.
If during the term of an exemption, a generator switches haulers, or the hauler switches the receiving facility, the existing exemption shall no longer be valid and a new application must be made.
If a generator is granted an exemption, the company shall include signage in a prominent place that states that recyclable material is being sorted out at a materials recovery facility.
A generator shall provide its exemption approval and a copy of its waste removal contract when the exemption is claimed to the Middlesex County Public Health Department recycling inspector.
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.
Eligible commercial waste haulers.
The Recycling Coordinator shall maintain a record of commercial waste haulers who meet the requirements of Subsection A as provided by the Middlesex County Department of Solid Waste management.
In the event that an eligible commercial waste hauler becomes ineligible for any reason, including but not limited to loss of its transfer station permit, the Recycling Coordinator shall notify all exempt commercial and institutional premises using that hauler, in writing, of the hauler's ineligibility.
All recyclable material described hereunder shall be placed at curbside for collection as follows. No callbacks for a regularly scheduled collection shall be permitted. Receptacles shall be placed for collection and disposal near the roadside and maintained in such a manner as may be prescribed by the Director of the Department of Public Works. All receptacles containing municipal solid waste which are not being placed for collection or disposal at the roadside shall be stored in such a manner as to minimize the potential negative impact upon adjoining property owners. Receptacles shall either be stored indoors, in sheltered storage areas, or, if kept outdoors, receptacles shall be stored behind the front building line of each private dwelling and not closer than 1/2 the distance from the side building line to the property line of the individual lot on which the receptacles are stored.
[Amended 5-7-2007 by Ord. No. 2007-07]
Glass and plastic receptacles shall have lids removed and contents rinsed clean, and aluminum and steel cans shall be rinsed and placed in properly identified containers.
Brush (tree parts, limbs and twigs) shall be piled neatly at the curb on the designated collection day.
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this article, except for the following:
[Amended 4-3-2006 by Ord. No. 2006-05]
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street shall be permitted during the seven days prior to a scheduled and announced collection, which yard waste shall not be placed closer than 10 feet to any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this article.
No ragpicker, scavenger, or any unauthorized person shall break into, untie, or otherwise unbundle any container, bundle or pack of paper, refuse, garbage, trash or recyclablcs that have been placed at curbside for the collection thereof.
The provisions of this article shall be enforced by the Code Enforcement Officer of the Borough of Spotswood, the Department of Public Works and the Spotswood Police Department.
The owner, agent, lessee, tenant or occupant of any premises whereon a business or industry is conducted shall arrange for the removal of refuse from such business or industry each day, unless sufficient and suitable facilities are provided and used for storage of such refuse until removal of the refuse from the premises.
Refuse shall be disposed of only through use of sanitary landfills established, conducted, operated and maintained in accordance with standards established by laws of the State of New Jersey and/or incinerators constructed, operated and maintained in accordance with law, code or regulation of the State of New Jersey or by such other methods of disposal as may be permitted by law.
[Added 6-16-1997 by Ord. No. 1997-531]
A municipal recycling dropoff center shall be established by the Department of Public Works. Said center shall accept, as a minimum, used motor oils, newspaper, corrugated cardboard, mixed paper/junk mail, aluminum and bimetal cans, and plastic containers.
The municipal recycling dropoff center shall only be available for use by residents of the Borough of Spotswood as defined by § 174-15 of this article.
Anyone depositing recyclable materials at the dropoff center shall only deposit such recyclables in the proper designated containers.
The deposit of the following materials at the dropoff center shall be prohibited: hazardous waste, nonrecyclable materials, and used tires.
The Director of Public Works shall establish rules and regulations for the use of the dropoff center and its hours of operation.
The disposal of any refuse, recyclable or not, in the area outside of the dropoff center shall be deemed to be illegal dumping and is prohibited.
Collection of refuse and recyclables shall not be conducted in any manner on any public or private place, street or other premises within the Borough except in accordance with the terms of this article and other applicable requirements of law.
Vehicles used for the purpose of collecting refuse or recyclables from receptacles as prescribed by the provisions of this article shall be loaded in such fashion that no part of the contents shall fall, leak or spill therefrom.
The storage, collection or disposal of refuse in violation of any provision of this article is hereby declared to be a nuisance and detrimental to the public health.
[Amended 2-6-2006 by Ord. No. 2006-02]
Any person, company, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction, be subject to one or more of the following: a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days. Each day's continued violation of this article shall constitute a separate and distinct offense against the provisions thereof. In addition, any violation of any provision of this article pertaining to unlawful disposal of solid waste shall be subject to a fine of not less than $2,500 and not exceeding $10,000.