A. 
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning.
B. 
When not inconsistent with the context, words used in the present tense include the future tense, 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 discretionary.
BATTERY
Any device consisting of one or more electrically connected electrochemical cells that is designed to receive, store and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode and electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term "battery" also includes an intact, unbroken battery from which the electrolyte has been removed.
BULKY WASTE
Any large items of solid waste which, because of their size or weight, require handling other than normally used for municipal waste. Bulky waste includes, but is not limited to, such household items as white goods, furniture and mattresses. Bulky waste shall not include tree trunks, auto parts, or construction and demolition waste.
[Amended 5-25-2021 by Ord. No. 2021-29]
BRUSH
Any branches, woody plants and other like vegetative material. Leaves and grass do not constitute brush.
CITY-ISSUED SOLID WASTE AND RECYCLABLE CONTAINERS
City-issued sixty-four- and ninety-six-gallon plastic containers identified by numbers thereon are and shall remain the property of the City and assigned to such residential properties subject to solid waste and recyclables pickup by the City, referred to as "totes" and are not to be defaced or removed from the property to which they are assigned. Solid waste totes are identifiable as being grey in color and recyclable totes are identifiable as being gray and having a red lid.
[Added 5-25-2021 by Ord. No. 2021-29]
COLLECTION or COLLECTING
The act of picking up solid waste at its point of generation or storage.
COMMINGLED
Any combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
CONSTRUCTION AND DEMOLITION WASTE
Any waste building material and rubble resulting from construction, renovation, remodeling, repair or 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; dirt; carpets and padding; glass (window and door); and other miscellaneous materials; but shall not include other solid waste types.
CONTAINER
Any closable and disposable trash bag, in which material is stored, transported, treated, disposed of or otherwise handled. Only grass clippings may be placed in such containers for City pickup.
[Amended 5-25-2021 by Ord. No. 2021-29]
CONTAINERIZED YARD WASTE
The placement of yard waste in a trash can, bucket, bag or other vessel, so as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
COVERED PROJECT
Any construction, renovation, remodeling, repair or demolition project for which a building permit or a demolition permit is required, and for which a dumpster or roll-off container shall be placed on premises for the purpose of placement of solid waste materials.
CURBSIDE DESIGNATED RECYCLABLE MATERIALS
All colored and clear glass food and beverage containers with the lids removed and rinsed of any material. Metal caps and lids, aluminum, tin, and metal food and beverage containers, empty aerosol containers, Plastics with recycling symbol numbers "1" and "2," including soda, milk, water, detergent, shampoo and other similar containers, carton juice boxes (no straws), gable-top milk containers, soup and broth containers (all lids removed), all newsprint, magazines, catalogs, glossy inserts, unwanted mail, empty cereal, cracker, pasta, tissue boxes, brown paper bags, all corrugated cardboard boxes (flattened to fit into totes) clean pizza boxes and all similar items referred to as "Class A" recycling materials.
[Added 5-25-2021 by Ord. No. 2021-29]
CURBSIDE DESIGNATED SOLID WASTE
All household-generated garbage, refuse and household vegetative materials such as cut grass and single-use plastic bags.
[Added 5-25-2021 by Ord. No. 2021-29]
DESIGNATED RECYCLABLE MATERIALS
Any materials designated within the 2007 Cumberland County Solid Waste Management Plan Update to be source separated for the purpose of recycling. These materials include glass jars and bottles; aluminum beverage cans; steel, tin, and bimetal food containers; PET#1 and HDPE#2 plastic containers; newspaper; mixed paper/magazines; white goods; leaves and branches; empty aerosol containers; and universal wastes (i.e., used oil; antifreeze; lead-acid batteries; asphalt; concrete, block, and brick; and tires) for the residential sector. These materials further include aluminum beverage cans; glass jars and bottles; PET#1 and HDPE#2 plastic containers; high-grade paper; corrugated cardboard; food waste; mixed paper/magazines; materials unique to an industry; empty aerosol containers; electronic waste; and universal wastes (i.e., fluorescent light bulbs/ballasts; mercury switches/thermostats; used oil; antifreeze; lead-acid batteries; asphalt; concrete, block and brick; ferrous scrap; nonferrous scrap; tires; and white goods) for the commercial, industrial and institutional sector.
ELECTRONIC WASTE
Any appliance used in a home or business that utilizes circuitry, including but not limited to, any computer central processing units and associated hardware, such as keyboards, modems, printers, scanners, copiers and fax machines; VCRs; stereos; cathode ray tubes, cathode ray tube devices, flat-panel displays or similar video display devices with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards (e.g., televisions); and telecommunication devices (e.g., cell phones); and microwaves.
[Amended 5-25-2021 by Ord. No. 2021-29]
FOOD WASTE
Any food processing by-products (food-processing vegetative wastes and/or food-processing residuals generated from food processing and packaging operations or similar industries that process food products), vegetative waste (produce trimmings and over-ripe produce generated by supermarkets, produce brokers and produce distributors), off-spec food products, food product over-runs, and similar food waste materials.
GARBAGE
Any meat and vegetable waste solids resulting from the handling, preparation, cooking and consumption of foods. Garbage is considered to originate primarily in kitchens and other places where food is stored, cooked and consumed.
GENERATION
The act or process of producing solid waste.
GLASS
Any product made from silica or sand, soda ash and limestone, the products being transparent or translucent and being used for packaging or bottling of various matter, including clear, brown and green glass food and beverage containers, and excluding blue and flat glass and glass commonly known as "window glass."
LITTER
Any solid waste which, if thrown, deposited or carried by wind or water, as herein prohibited, tends to create a danger to public health, safety and welfare and to contribute to an image of blight. Litter includes any used or unconsumed substance or waste material that has been discarded, whether made of aluminum, glass, plastic, rubber, paper or any other natural or synthetic material, or any combination thereof, including but not limited to any bottle, jar or can; any top, cap or detachable tab of any bottle, jar or can; any cigarette, cigar, chewing tobacco or matches, or parts thereof; handbills; newspapers or magazines; glass, metal or paper containers or other packaging; or construction materials. For purposes of this chapter, litter does not include the waste of the primary processes of mining or other extraction activities, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
Any container suitable for the depositing of litter.
METAL
Any metal food or beverage container, including aluminum, steel, tin and bimetal containers.
MULTIFAMILY PROPERTY
For purposes of this chapter, any building or structure, or complex of buildings, in which three or more dwelling units are owner-occupied or are rented or leased, or are offered for rental or lease, for residential purposes, and shall include hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined in N.J.S.A. 55:13A-1 et seq.
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the governing body authorized to, among other things, enforce the provisions of this chapter, and any rules, regulations or policies that may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
Any solid waste generated at residential, commercial, industrial or institutional establishments within the boundaries of the City.
PERSON
Any individual, trust, firm, joint-stock company, corporation (including a government corporation), corporate official, partnership, association, commission, or political subdivision of this state subject to municipal jurisdiction.
PLASTICS
Any clear or green plastic (PET) soda containers or plastic (HDPE) milk or water containers (jugs).
PUTRESCIBLE WASTE
Any waste liable to enter into a state of putrefaction, the typically anaerobic splitting of proteins by bacteria and fungi with the formation of foul-smelling, incompletely oxidized products.
RECYCLABLE MATERIALS
Any materials which would otherwise become nonhazardous solid waste, which can be separated, collected, and/or processed, and then returned to the economic mainstream in the form of raw materials or products.
RECYCLING
Any process by which materials, which would otherwise become solid waste, are separated, collected and/or processed, and then returned to the economic mainstream in the form of raw materials or products.
REFUSE
All broken crockery, glassware, household receptacles and utensils, bottles, tin cans, lawn cuttings, hedge trimmings, garden growth, old clothing and such similar waste materials, including paper, cardboard or containers made of paper.
SCRAP METAL
Any bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that can be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars) which when worn or superfluous, can be recycled. Materials not covered by this term include residues generated from smelting and refining operations (e.g., drosses, slags, and sludges), liquid wastes containing metals (e.g., spent acids, spent caustics, or other liquid wastes with metals in solution), liquid metal wastes (e.g., liquid mercury), or metal-containing wastes with a significant liquid component, such as spent batteries.
SHOPPING CENTER
For purposes of this chapter, any integrated development of stores, shops, personal service establishments, professional and business offices, banks, post offices, restaurants, auditoriums and similar facilities, housed in an enclosed building or buildings, and utilizing such common facilities as customer parking, pedestrian walkways, truck-loading and -unloading space, utilities and sanitary facilities.
SINGLE-STREAM RECYCLING
The placement of all recyclable materials in a single container. For purposes of recyclables to be collected by the City, all curbside designated recyclable material shall be placed in the City-issued recyclable containers.
[Added 5-25-2021 by Ord. No. 2021-29]
SOLID WASTE
Any garbage, refuse, sludge or any other waste material, as defined in N.J.A.C. 7:26-1.6, with the exception of the following:
(1) 
Source-separated food waste collected by livestock producers, approved by the State Department of Agriculture, who collect, prepare and feed such wastes to livestock on their own farms.
(2) 
Recyclable materials that are exempted from regulation pursuant to N.J.A.C. 7:26A.
(3) 
Materials approved for beneficial use or categorically approved for beneficial use pursuant to N.J.A.C. 7:26-1.7(g).
(4) 
Spent sulfuric acid which is used to produce virgin sulfuric acid, provided at least 75% of the amount accumulated is recycled in one year.
(5) 
Dredged material, from New Jersey's coastal or tidal waters, which is regulated under the provisions of the Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.), Waterfront Development Law (N.J.S.A. 12:5-3 et seq.), Riparian Interests (N.J.S.A. 12:3-1 et seq. and 18:56-1 et seq.), Federal Water Pollution Control Act of 1972 as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.), Federal Coastal Zone Management Act (16 U.S.C. § 1451 et seq.) and/or other relevant statutes and implementing regulations.
SOLID WASTE AND RECYCLING UTILITY
An administrative department created to transact the collection and disposal of eligible solid waste, including designated recyclable materials, and related support services, as provided by law. Said solid waste and recycling utility is assigned as a division of the Department of Business Administration.
[Amended 5-25-2021 by Ord. No. 2021-29]
SOURCE-SEPARATED RECYCLABLE MATERIALS
Any recyclable materials that are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE SEPARATION
Any process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purpose of recycling.
SPENT MATERIAL
Any material that has been used, and as a result of contamination, can no longer serve the purpose for which it was intended without being processed, reprocessed or reclaimed.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way that is an existing state, county or municipal roadway, and includes the land between the street (right-of-way) lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street (right-of-way) lines.
SURFACE WATER
Any water at or above the land's surface which is neither groundwater nor contained within the unsaturated zone, including, but not limited to, the ocean and its tributaries, all springs, streams, rivers, lakes, ponds, wetlands and artificial waterbodies.
TIRES
All passenger car tires and noncommercial truck tires having a rim diameter of 17 inches or less, exclusive of rims or other attachments. The definition of tires that may be placed at the curbside for collection pursuant to this chapter shall be as set forth in the rules and regulations established by the Superintendent of Public Works in accordance with the authorization provided under this chapter.
TRANSPORTATION or TRANSPORTING
The act of collecting and/or moving of solid waste off site or to a solid or hazardous waste facility by road, rail, water or air.
USED OIL
Any oil that has been refined from crude oil, or any synthetic oil, that has been used, and as a result of such use, storage or handling, is contaminated by physical or chemical impurities.
WASTEPAPER PRODUCTS
Any uncontaminated newspapers.
WHITE GOODS
Any and all large, residential (noncommercial) appliances, limited to refrigerators, clothes washers and dryers, ranges, dishwashers, water heaters, air conditioners, trash compactors, freezers and dehumidifiers, and not including furnaces.
YARD WASTE
Any grass clippings, leaves or wood chips from trees and brush. Stumps of trees or bushes are specifically excluded from the definition of yard waste.
[Amended 5-25-2021 by Ord. No. 2021-29]