[Amended 9-20-2011 by Ord. No. 15-2011[1]]
[1]
Editor's Note: This ordinance also amended the title of this
article, which was previously Collection of Bulky Waste, Garbage and
Trash.
A.
Pursuant to N.J.S.A. 40:48-2, the Legislature of the State of New
Jersey authorized municipalities to adopt laws, that are not contrary
to the laws of the state or the United States, that it deems necessary
and proper for the good government, order and protection of persons
and property, and for the preservation of the public health, safety
and welfare of the municipality and its inhabitants.
B.
Pursuant to N.J.S.A. 40:66-1 et seq., the Legislature of the State
of New Jersey authorized municipalities to adopt laws to provide for
the cleaning of streets of the municipality and for the collection
or disposal of solid wastes. The municipality is authorized to establish
and operate a system therefor and to make such laws as it may deem
necessary and proper for the introduction, operation and management
of such system, subject to the provisions of the Solid Waste Management
Act (N.J.S.A. 13:1E-1 et seq.)
C.
Pursuant to N.J.S.A. 40:66-1, a municipality that establishes a system
for the collection or disposal of solid waste may limit service by
it to curbside collection along public streets or roads that have
been dedicated to and accepted by the municipality. The municipal
governing body may also refuse to enter upon private property to remove
solid waste from dumpsters or other solid waste containers.
A.
The governing body of the municipality finds that the orderly collection,
disposal and utilization of solid waste is a matter of important public
concern to all residents living within the municipality. The efficient
collection and disposal of solid waste protects the public health,
safety and welfare.
B.
The terms and provisions of this article are to be liberally interpreted
so as best to achieve the purposes set forth herein. This article
shall be interpreted in harmony with the Solid Waste Management Act[1] and the current Cumberland County Solid Waste Management
Plan.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
A.
The Commissioner in charge of the Streets and Roads Department is
hereby authorized to promulgate rules concerning the enforcement of
this article, including the collection or disposal of solid waste.
B.
The Commissioner is authorized to designate the municipal employees
responsible for the enforcement of the rules and regulations.
C.
An inspection may consist of sorting through containers or opening
solid waste bags to detect, by sight or sound, any violation of these
rules and regulations.
[Amended 2-2-2016 by Ord.
No. 2-2016; 10-1-2019 by Ord. No. 46-2019]
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended:
A vacuum tube or picture tube used to convert an electronic
signal into a visual image.
To combine or consolidate different types of solid waste
at the point of generation or origin.
An electronic, magnetic, optical, electrochemical, or other
high-speed data-processing device performing logical, arithmetic,
or storage function, and may include both a computer central processing
unit and a monitor, but the term shall not include an automated typewriter
or typesetter, a portable handheld calculator, a portable digital
assistant, or other similar device.
A wheeled cart provided by the City, the capacity and specifications
of which shall be determined by the Director of Public Works.
The area closest to the shoulder of the alley, highway, road
or street; in the absence of a shoulder, it means the area closest
to the traveled portion of the alley, highway, road or street.
The area between the curb and the sidewalk. In the absence
of a curb or sidewalk, it means the area closest to the curb as defined
herein without endangering traffic safety or obstructing pedestrian
travel.
Cathode ray tubes, desktop or personal computers, computer
monitors, portable computers, televisions, and electronic devices,
including telephones of any type that have a video display with a
viewing area greater than four inches when measured diagonally.
Any waste generated by food service and/or food sales establishments
that would normally be landfilled and can be used as animal feed or
is composted in some manner.
Shall be considered to be the meat and vegetable solids resulting
from the handling, preparation, cooking and consumption of foods,
and considered originated principally from kitchens.
Any waste material defined as a hazardous material in the
federal environmental statutes or regulations, state environmental
statutes or regulations, county health ordinances or regulations,
or the municipal ordinances.
A separate video display component of a computer, whether
sold separately or together with a computer central processing unit
and computer box, and includes a cathode ray tube, liquid crystal
display, gas plasma, digital light processing, or other image projection
technology, greater than four inches measured diagonally, and its
case, interior wires and circuitry, cable to the central processing
unit, and power cord.
Any building or structure or complex of buildings or structures
in which more than 10 dwelling units are rented or leased or offered
for rental or lease for residential purposes, except hotels, motels
or other guesthouses serving transient or seasonal guests as those
terms are defined in the Hotel and Multiple Dwelling Law (N.J.S.A.
55:13A-1 et seq.).
The City of Millville located within the County of Cumberland
and State of New Jersey.
Any individual, firm, partnership, corporation, association,
cooperative, enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency or any other entity or any group of such persons which is recognized
by law as the subject of rights and duties. In any provisions of this
article prescribing a fine, penalty, or imprisonment, the term "person"
shall include the officers and directors of a corporation or other
legal entity having officers and directors.
A computer and video display greater than four inches in
size that can be carried as one unit by an individual, including a
laptop computer.
Included in this article are as follows:
OLD NEWS PRINT (ONP)Shall be considered to mean all uncontaminated newspaper(s), catalogues, unwanted mail, magazines, telephone books, office paper.
ALUMINUM CANSShall be considered to mean all beer and soda metal cans not to exceed one gallon in size.
GLASSShall be considered clear, green, blue and amber glass. Rings and labels do not need to be removed.
COMMINGLED RECYCLABLESAll materials designated GMFBC, including plastic beverage containers. Specifically, commingling includes glass, metal and beverage containers. Specifically, commingling includes glass, metal and plastic food and beverage containers mixed in one container and delivered in same fashion.
GMFBCGlass and metal food and beverage containers, including all plastic soda bottles.
PLASTICAll plastic containers with the symbol 1, 2, 4, 5, and 7, such as laundry detergent bottles, excluding motor oil or any petroleum products or other hazardous waste.
OFFICE PAPERAll high-grade white bond paper, mixed office paper, i.e., computer paper, envelopes, legal paper. Shredded paper is not permitted.
GABLE-TOPPED CARTONSSoup, milk, and juice cartons.
CARDBOARDCereal, cracker and pasta boxes, cardboard beverage holders, detergent, show and tissue boxes, and any corrugated cardboard boxes. All cardboard should be flattened; however, failure to flatten the cardboard shall not be cause to refuse collection so long as the cardboard is contained within the totes.
Any human being residing within the municipality on a temporary
or permanent basis, excluding transient or seasonal guests staying
at hotels, motels or other guesthouses.
The collection, separation, recycling and recovery of glass,
metals, paper and other materials for reuse. It also includes the
incineration of solid waste for energy production and the recovery
of recyclable materials from that process.
A solid waste facility at which solid waste is deposited
on or in the land as fill for the purpose of permanent disposal or
storage for an extended period of time. It shall not include any waste
facility approved for the disposal of hazardous waste.
Garbage, trash, and other discarded materials resulting from
domestic and community activities. It also includes these same materials
resulting from commercial industrial and institutional establishments.
The activity related to the pickup and transportation of
solid waste from its source or location to a transfer station or other
authorized solid waste facility.
Includes all activities related to the collection and disposal
of solid waste by any person engaged in such process.
The District Solid Waste Management Plan for Cumberland County
as approved by the New Jersey Department of Environmental Protection.
To separate different types of solid waste at the point of
generation or origin.
A stand-alone display system containing a cathode ray tube
or any other type of display primarily intended to receive video programming
via broadcast, having a viewable area greater than four inches measured
diagonally, able to adhere to standard consumer video formats and
having the capability of selecting different broadcast channels and
supporting sound capability.
Shall be considered to mean all rubbish, ashes, broken crockery,
old clothing, pipes, boards, and such similar waste material; including,
scraped-off wallpaper, vegetative waste such as bagged grass, household
redecorating or maintenance refuse, discarded household utensils,
bulk items such as household furniture, small appliances, boards.
Rubbish and trash shall be considered to include any article or refuse
material discarded by a householder in the usual and ordinary course
of living, whether same be metal or wood; provided, however, that
same must be properly broken up and placed in containers or bundles
for convenient handling by one person. Trash material for collection
under this article shall be deemed to include all vegetative waste;
provided however, that it is properly contained in plastic bags, hampers
or other suitable containers, manufactured lumber in length not over
five feet and bundled and tied, not to exceed 45 pounds. The trash
material for collection to be from residential properties only and
placed by the residents at the curb or roadside, in suitable containers
for convenient handling.
An output surface having a viewable area greater than four
inches when measured diagonally that displays moving graphical images
or a visual representation of image sequences or pictures, showing
a number of quickly changing images on a screen in fast succession
to create the illusion of motion, including, if applicable, a device
that is an integral part of the display and cannot be easily removed
from the display by the consumer that produces the moving image on
the screen. A video display typically uses a cathode ray tube, liquid
crystal display, gas plasma, digital light processing, or other image
projection technology.
[Amended 2-2-2016 by Ord.
No. 2-2016; 2-7-2017 by Ord. No. 3-2017; 10-1-2019 by Ord. No. 46-2019]
A.
There is hereby established within the municipality a curbside program
for the collection of garbage and trash. This program is for residential
customers residing within the municipality whose solid waste is collected
at the curbside by the municipality.
B.
The collection of garbage and trash shall be made once every week
for each customer. Collection shall occur in accordance with a schedule
established by the municipality.
C.
Garbage and trash as said terms are defined in § 61-23 above shall be containerized in a wheeled cart provided by the City, the capacity and specifications of which shall be determined by the Director of Public Works.
D.
It shall be unlawful for any person to place garbage or trash at
the curbside for collection before 3:00 p.m. on the day in advance
of the day designated for collection in accordance with the schedule
established by the municipality.
E.
It shall be unlawful for any person to leave garbage or trash of
empty containers at the curbside after 7:00 a.m. on the day after
the day designated for collection in accordance with the schedule
established by the municipality.
F.
It shall be unlawful for any person to commingle garbage and trash
with other solid waste, which is required to be source separated and
recycled.
G.
The municipality has placed clean communities containers within the
Central Business District, parks and other public property. It shall
be unlawful for any person to dispose of solid waste in these containers
which was generated from a residential dwelling or a nonresidential
establishment.
[Amended 9-6-2016 by Ord.
No. 38-2016; 3-7-2017 by Ord. No. 11-2017; 11-21-2017 by Ord. No. 38-2017]
A.
The owner, occupant or tenant of any residential dwelling shall comply
with the rules and regulations established by the municipality.
B.
For multifamily dwellings, the management or owner is responsible for providing an appropriately sized dumpster or such smaller containers as may be sufficient to accommodate solid waste collection from its units at its own expense. Solid waste shall be collected from said dumpster or other such container on a schedule of at least one time per week. The management or owner shall also be required to provide proof that it has contracted with a private waste hauler in order to register its units as provided § 11-73. Violations and penalty notices shall be directed to the owner or management in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
A.
Nonresidential establishments include commercial, industrial and
institutional generators of solid waste. Any person who owns or operates
a nonresidential establishment shall comply with the rules and regulations
established by the municipality.
B.
Any person who owns or operates a nonresidential establishment shall
arrange for the proper source separation, collection and disposal
of solid waste, including garbage, trash and bulky waste.
A.
The Electronic Waste Management Act[1] became effective on January 1, 2011. This act bans the
disposal of electronic waste through the municipal curbside collection
solid waste program. Electronic waste includes, among other things,
all types of computers and related equipment including computer monitors.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.94 et seq.
B.
No electronic waste shall be placed at the curbside for collection
by the municipality. All persons are required to take electronic waste
to an approved dropoff point, such as a county or municipal solid
waste collection center or a participating electronics retail store.
A.
The improper disposal of hazardous waste pollutes the environment
and poses a threat to human health. The improper disposal of these
materials includes pouring them down the drain, depositing them into
storm sewers, or depositing them on or in the ground.
B.
No hazardous waste shall be placed at the curbside for collection
by the municipality. All persons are required to take hazardous waste
to an approved dropoff point, such as the county or municipal hazardous
waste collection center.
C.
Household hazardous waste includes leftover household products that
contain corrosive, ignitable, reactive or toxic ingredients. Common
examples include batteries, cleaning compounds, garden chemicals including
herbicides and pesticides, paints, paint cleaners, finishes and stains
and petroleum-related products, such as antifreeze, gasoline, kerosene,
and oil.
A.
Any person who violates the provisions of this article shall be subject
to a penalty of not less than $250 nor more than $1,000 for each offense.
If the violation is of a continuing nature, each day during which
it continues constitutes an additional, separate, and distinct offense.
B.
The following violations are considered less serious in nature and
therefore the minimum mandatory penalties set forth below shall apply:
|
Violation
|
Fine
| |
|---|---|---|
|
Container used of improper size or type
|
$50
| |
|
Container exceeding permitted weight limit
|
$50
| |
|
Garbage and trash placed for collection at improper locations
or times
|
$100
| |
|
Bulky waste placed for collection at improper locations or times
|
$100
|
C.
The municipality reserves the right to institute a suit in equity
to enforce the provisions of this article and to obtain an injunction
to restrain the violation of these regulations. This remedy shall
be deemed a concurrent remedy available in addition to the penalties
set forth above.
