[HISTORY: Adopted by the Council of the Borough of Milford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-3-1989 by Ord. No. 518-89]
The purpose of this article is to establish a standard procedure
and policy governing the collection of garbage, yard debris and household
rubbish in the Borough of Milford.
The provisions of this article shall be construed, together with the provisions of Article II of this chapter and all applicable public health codes presently in force in the Borough of Milford, to the end that the health of the citizens of the Borough of Milford will be protected and the purposes of this article and the related ordinances herein set forth are advanced.
A.
Except as may be set forth herein, and unless the context shall specifically
require otherwise, all terms used herein shall have their ordinary
meanings.
B.
All definitions contained in Article II of this chapter are deemed incorporated herein as if set forth fully and at length.
C.
As used in this article, the following terms shall have the specific
meanings set forth herein, unless otherwise expressly set forth or
unless the context specifically requires a contrary definition:
- APPLIANCES
- Refrigerators, stoves, dishwashers, clothes washers and dryers, hot-water heaters, white metal kitchen cabinets, furnaces and similar bulky metal-encased items commonly used in kitchens or laundry rooms.
- CONSTRUCTION DEBRIS
- Scrap lumber, shingles, Sheetrock, cinder block, brick and other masonry and similar debris which is the by-product of building construction, remodeling, demolition and reconstruction.
- GARBAGE
- All refuse, entrails and waste of animals and fish and all vegetable matter which has been or was intended to be used as food; all clam, oyster, crab and lobster shells; all other material so specified by the State of New Jersey; and solid waste, exclusive of yard debris and household rubbish, such as wrappings, rags and other solid waste of a nonvolatile or nonexplosive nature, but not including recyclable materials as defined in Article II of this chapter.
- HOUSEHOLD RUBBISH
- Bulky items, such as furniture, appliances, tires, motor vehicle batteries, yard furniture and recreational apparatus, but not including recyclable materials as defined in Article II of this chapter or construction debris.
- RECYCLING ORDINANCE
- Article II, Source Separation and Recycling, of this chapter.[1]
- YARD DEBRIS
- All leaves, grass and hedge clippings, straw, thatch, tree branches, plant stems and roots, tree stumps weighing not in excess of 50 pounds, shrubbery and other similar materials not intended for human consumption.
A.
The Borough of Milford shall provide for the collection of the garbage
generated by residences and businesses located within the limits of
the Borough of Milford, subject to the strict compliance by such residents
and business owners with the provisions of this article, on Mondays
of each week, except as herein provided.
Each residence or business shall, without additional charge,
be permitted to place a total of four twenty-gallon bags of garbage,
or the equivalent, inside a permanent container, irrespective of the
size of the container used, a total of 80 gallons, for collection
each week.
A.
Grass clippings and leaves shall be set out for collection, if at
all, as in the case of garbage. All such debris shall be separately
bagged and labeled as yard debris so as not to be confused with garbage.
B.
No yard debris shall be mixed with garbage.
C.
Tree branches and sticks shall be set out for collection on the first
Mondays of April and November of each year. Small twigs and branches
must be tied into bundles no longer than 12 inches in diameter and
four feet in length. Large branches shall be laid neatly with ends
facing the same direction.
D.
Christmas trees shall be placed for collection on any Monday during
the Christmas season, which, for purposes of this section, shall be
deemed to end on January 31 of each year.
A.
Household rubbish shall be set out for collection as in the case
of garbage. Collection thereof may occur as in the case of garbage
or on the day thereafter.
B.
All such rubbish shall be placed for collection in a reasonable amount
and in a neat and orderly manner.
C.
Appliances, which shall include air conditioners and refrigerators (with certification of Freon removed), will not be collected unless the resident has first obtained a sticker from the Borough Clerk and affixed the same to the item. The fee per appliance shall be as prescribed in Chapter 10, Fees, of this Code.[1]
Any resident or business operator of the Borough shall have
the right to transport, at his cost and expense, any large item to
the Hunterdon County transfer station in Annandale, New Jersey. The
cost of using said transfer station shall be borne by the user.
No construction debris shall be placed for collection. It shall
be the responsibility of the resident or business to arrange removal
of construction debris by the contractor or individually by contracting
for dumpster service or by removing the same to the transfer station.
No recyclables shall be set out for collection hereunder. The Borough shall monitor materials set out for collection hereunder to ensure compliance with this chapter. Recyclables shall be disposed of as provided for in Article II of this chapter.
A.
Excess disposal. Any residential or business user who shall exceed the limitations set forth in § 164-5 hereof may be billed for the excess by the Borough at the dumpster rate then in effect.
C.
General penalties.
(1)
Any person who shall otherwise violate the provisions of this article
shall be punished by a fine not to exceed $1,000 or by imprisonment
in the Hunterdon County Jail for a period not to exceed 90 days or
by directing the offender to perform community service for a period
not to exceed 90 days, or all or some of the above, in the discretion
of the court.
(2)
In the event that the court shall direct that community service be
performed by a violator, it is urged that the community service be
fixed so as to be related to garbage collection, the clearing of litter
or the like.
D.
Termination of collection. In the event that any person shall fail
to pay any sums assessed herein for excess disposal or in the event
that any person shall violate the provisions of this article three
times in the course of any calendar year, the Borough may, in its
discretion, terminate collection services for that person's residence
or business and require that he arrange for private disposal, at his
cost and expense, for his garbage, yard debris, household rubbish
and recyclables.
[Adopted 8-2-2010 by Ord. No. 761-2010]
As used in this article, the following terms shall have the
meanings indicated:
- COUNTY
- The implementing agency for the Hunterdon County Solid Waste Management Plan, the Hunterdon County Utilities Authority.
- DESIGNATED RECYCLABLE MATERIALS
- Those materials designated within the Hunterdon County District Solid Waste Management Plan to be source-separated for the purpose of recycling. These materials include:
- A. Designated recyclable materials for the generators of residential, commercial, industrial and institutional waste:01Corrugated: containers and similar paper items usually used to transport supplies, equipment parts or other merchandise.02Mixed office and computer paper: any and all types of office-type paper, including but not limited to computer paper, high-grade white paper, typing paper, copier paper, onionskin, tissue paper, notepad, envelopes, manila folders and colored paper, or any mix thereof.03Newspaper: all paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forest and Paper Association Grade Nos. 6, 7 and 8 news).04Other paper/magazines/junk mail: all paper which is not defined as "corrugated," "mixed office paper," "computer paper" or "newspaper."05Glass containers: all glass containers used for packaging food or beverages.06Aluminum cans: food and beverage containers made entirely of aluminum.07Steel cans: rigid containers made exclusively or primarily of steel or tin-plated steel and steel and aluminum cans used to store food, beverages, and a variety of other household and consumer products.08Plastic containers: containers including polyethylene terephthalate (PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2) and milk, water or detergent.
- B. Additional designated recyclable materials for the generators of commercial, industrial and institutional waste:11White goods and light iron: all appliances such as washers, dryers, refrigerators, etc., as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums and other nonstructural ferrous scrap.12Antifreeze: all automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.13Batteries, lead-acid: batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.16Used motor oil: petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.15Tires: rubber-based scrap automotive, truck or specialty (e.g., forklift) tires. The tires must be recycled at a facility approved by the New Jersey Department of Environmental Protection.
- C. Designated recyclable materials from generators of residential waste that are collected by Hunterdon County:12Antifreeze: all automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.13Batteries, lead-acid: batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries. (See No. 21.)16Used motor oil: petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.21Batteries, household: any type of button, coin, cylindrical, rectangular or other shaped enclosed device or sealed container which was utilized as an energy source for commercial, industrial, medical, institutional or household use. This does not include lead-acid batteries from vehicles.24Mercury-containing devices: fluorescent and compact fluorescent tubes (CFTs), high-intensity discharge (HID) and neon lamps, electrical switches, thermostats and any batteries containing mercury.27Petroleum-contaminated soil: nonhazardous soils containing petroleum hydrocarbons resulting from spills, leaks or leaking underground storage tanks used for gasoline or any other commercial fuel and which are recycled in accordance with the requirements of N.J.A.C. 7:26A-1.1 et seq. Note: This material can be recycled at "Class B" facilities (for example, authorized asphalt manufacturers).
- MUNICIPAL RECYCLING COORDINATOR
- The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this article and any rules and regulations which may be promulgated hereunder.
- MUNICIPAL SOLID WASTE (MSW) STREAM
- All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Borough of Milford.
- NONRESIDENTIAL ESTABLISHMENT - RECYCLABLE MATERIAL
- Those materials which would otherwise become solid waste and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
- RESIDENTIAL DWELLING
- Any building or structure or complex of buildings in which fewer than three dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a).
- RESIDENTIAL DWELLING COMPLEX
- Any building or structure or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a) and shall include hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
- SOURCE SEPARATION
- The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
A.
In order to carry out the requirements of the New Jersey Mandatory
Source Separation and Recycling Act ("Act")[1] and the Hunterdon County Recycling Plan ("plan"), the
position of Municipal Recycling Coordinator is hereby established,
who shall be responsible for compliance with said Act, plan and applicable
Borough regulations.[2]
B.
The Municipal Recycling Coordinator will be annually appointed by
the Mayor with the consent of the Borough Council and will serve a
term of one year.
C.
The Recycling Coordinator will report to the Common Council or Borough
Clerk at least once annually on the status of the municipal recycling
program and shall from time to time advise and make recommendations
as to how the requirements set forth in this article may be effectuated.
D.
The Municipal Recycling Coordinator will attend all Municipal Recycling
Coordinator meetings that the Common Council deems to be important.
This includes meetings that may be conducted by the state, the county
or other appropriate organizations.
E.
The Municipal Recycling Coordinator shall promote the municipal recycling
program by educating citizens, businesses, institutions, and organizations
of the need to participate in the municipal recycling program and
shall explain to citizens, businesses, institutions and organizations
the provisions of this article and assist in the enforcement thereof.
A.
It shall be mandatory for all persons who are owners, tenants, or
occupants of residential and nonresidential premises, which shall
include but not be limited to retail and other commercial locations,
as well as government, schools and other institutional locations within
the Borough of Milford, to separate designated recyclable materials
from all solid waste. Designated recyclable materials shall be deposited
separate and apart from other solid waste generated by the owners
or occupants of such premises and shall be placed separately at the
curb in a manner and on such days and times as may be hereinafter
established by regulations promulgated by the Borough of Milford.
B.
Unless the municipality otherwise provides for the collection of
designated recyclable materials, every owner and/or occupant of residential
or nonresidential premises must contract for the removal and disposition
of recyclable materials as set forth in this article by a private
contractor. Residential recycling contracts must comply with the provisions
of this section and must further provide for not less than monthly
pickup.
C.
In the event that a municipal, county or state facility accepts mandatory
recyclable material as set forth in this article, then the residential
and/or nonresidential owner or occupant may utilize such facility,
to the extent permitted by the owner or operator of such facility.
A.
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this article. For multifamily units,
the management or owner is responsible for setting up and maintaining
a recycling system, including collection of recyclable materials,
in accordance with guidelines or regulations established by the appropriate
municipal office. Violations and penalty notices will be directed
to the occupant. In instances where the violator is not easily identifiable,
violations and penalty notices will be directed to the owner/management.
The owner/management shall issue notification and collection rules
to occupants when they arrive and at least twice annually during their
occupancy.
B.
An occupant(s) and/or owner(s) of any residential property who fails
to abide by the rules and regulations of this section may be fined
not less than $50 nor more than $250 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Recycling
Coordinator or other enforcement officer shall issue one warning to
any occupant who is in violation of this section, which warning shall
include educational information regarding proper procedures for recycling.[1]
A.
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this article. Unless the municipality
provides for the collection of designated recyclable materials, the
owner of each residential complex is responsible for providing a recycling
depot for the entire complex. The depot shall be equipped with owner-
or contractor-supplied receptacles for each category of designated
recyclable material.
C.
The owner/management shall issue notification and collection rules
to new tenants when they arrive and at least twice annually during
their occupancy.
D.
Unless the municipality provides for the collection of designated
recyclable materials, the owner of each residential complex shall
report to the Municipal Recycling Coordinator by February 15 of each
year the recycling activity of the prior year. The report shall include
the amount of recycled material by material type and the vendor or
vendors providing recycling service. The information must be supplied
to the Municipal Recycling Coordinator and directed to the attention
of the Municipal Recycling Coordinator by name and address. The county
must also be copied on this information.
E.
An owner (or his/her agent) who fails to abide by the rules and regulations
of this section may be fined up to $250 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue one
warning to the owner who is in violation of this section. The warning
shall include educational information regarding proper procedures
for recycling, including instruction as to how the owner can reasonably
provide adequate recycling facilities to ensure compliance with this
article.[2]
F.
Responsibility of property owner. In regard to compliance with this
article, it shall be the responsibility of the owners of all real
estate to secure compliance herewith by all tenants or occupiers of
realty within the Borough.
A.
Commercial, industrial and institutional establishments are defined
as all entities which operate or conduct any business whatsoever which
cannot be included within the definition of a residential dwelling
or complex.
C.
Unless the property owner or municipality provides for the collection
of designated recyclable materials, arrangement for collection of
designated recyclables shall be the responsibility of the commercial,
institutional or industrial occupant. All commercial, institutional
or industrial property owners which provide outdoor litter receptacles
and disposal service for their contents shall also provide receptacles
for designated recyclable materials, for those materials commonly
deposited, in the location of the litter receptacle, and shall provide
for separate recycling service for their contents.
D.
Unless the property owner or municipality provides for the collection
of designated recyclable materials, every occupant of a commercial,
industrial or institutional facility or its designee (including solid
waste and recycling transporters) shall cooperate in communicating
recycling activity. Such communication shall include reporting to
the Municipal Recycling Coordinator by February 15 of each year the
occupant's recycling activity of the prior year. The report shall
include the amount of recycled material by material type and the vendor
or vendors providing recycling service. The information must be supplied
to the Municipal Recycling Coordinator and directed to the attention
of the Municipal Recycling Coordinator by name and address. The county
must also be copied on this information.
E.
If the property owner provides recycling collection services for
the occupants of the property, the owner or its designee (including
solid waste and recycling transporters) shall cooperate in communicating
recycling activity. Such communication shall include reporting to
the Municipal Recycling Coordinator by February 15 of each year the
recycling activity on the property in the prior year. The report shall
include the amount of recycled material by material type and the vendor
or vendors providing recycling service. The information must be supplied
to the Municipal Recycling Coordinator and directed to the attention
of the Municipal Recycling Coordinator by name and address. The county
must also be copied on this information.
F.
All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle grease and/or cooking oil created in the processing
of food or food products and maintain such records as may be prescribed
for inspection by any Code Enforcement Officer.
G.
A commercial, industrial or institutional occupant or owner who fails
to abide by the rules and regulations of this section may be fined
not less than $50 nor more than $1,000 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue one
warning to any commercial, industrial or institutional establishment
which is in violation of this section, which warning shall include
educational information regarding proper procedures for recycling.[2]
A.
Any application to the Joint Land Use Board of the Borough of Milford
for subdivision or site plan approval for the construction of multifamily
dwellings of three or more units, single-family developments of 50
or more units or any commercial, institutional, or industrial development
for the utilization of 1,000 square feet or more of land must include
a recycling plan. This plan must contain, at a minimum, the following:
(1)
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
(2)
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
B.
Prior to the issuance of a certificate of occupancy by the Borough
of Milford, the owner of any new multifamily housing or commercial,
institutional, or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the Borough does not otherwise provide this service.
C.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
A.
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with, or contains visible signs of, designated
recyclable materials. It is also unlawful for solid waste collectors
to remove for disposal those bags or containers of solid waste which
visibly display a warning notice sticker or some other device indicating
that the load of solid waste contains designated recyclable materials.
B.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this article and the local sanitary
code.
C.
Once placed in the location for collection, no person, other than
those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle solid waste or designated recyclable materials.
D.
A solid waste collector who fails to abide by the rules and regulations
of this section may be fined not less than $50 nor more than $1,000.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue one
warning to any solid waste collector which is in violation of this
section, which warning shall include educational information regarding
proper procedures for recycling.[1]
A.
A minimum of once a year or when necessary to reflect program or
regulatory modifications, a solid waste transporter shall notify all
customers, by mail:
(1)
What materials are designated to be source-separated from solid waste
and must be recycled in Hunterdon County and that these items are
prohibited in solid waste.
(2)
That discovery of designated recyclable items in solid waste may
result in the waste not being collected and that the generator is
subject to a monetary fine.
(3)
That solid waste transporters are prohibited by law to collect solid
waste containing mandated recyclable materials.
(4)
That documentation of proof of solid waste and recycling collection
service must be maintained and that this documentation must be made
available to the property owner, municipality or county upon request.
B.
No later than February 15 of each year, all solid waste companies
will provide a detailed report of all recycling activities to all
commercial, industrial and institutional solid waste customers. The
report will include a breakdown of the materials collected for recycling,
the total weight of each material collected for recycling and the
recycling market for each of the materials collected. The information
must be supplied to the Municipal Recycling Coordinator and directed
to the attention of the Municipal Recycling Coordinator by name and
address. The county must also be copied on this information.
C.
No later than February 15 of each year, all solid waste transporters
will provide each municipality and the county with a summarization
of recycling activity in that municipality, including totals of all
residential, commercial, industrial and institutional recycling. The
report will include a breakdown of the materials collected for recycling,
the total weight of each material collected for recycling and the
recycling market for each of the materials collected. The information
must be supplied to the Municipal Recycling Coordinator and directed
to the attention of the Municipal Recycling Coordinator by name and
address. The county must also be copied on this information.
D.
Failure of the solid waste transporter to comply with the provisions
of this section shall constitute a violation and subject the solid
waste transporter to those penalties as prescribed in this article
and state recycling regulations.
Unless the solid waste and recycling collection services have
otherwise been provided for by the municipality, pursuant to N.J.S.A.
40:66-5.1, all residential, commercial, industrial and institutional
generators of solid waste must, upon request by the municipality,
supply proof that solid waste and recycling collection services have
been contracted by the generator. The information requested for proof
of service may include provision of weight receipts or billing statements.
The procedure by which the municipality may request receipts or other
documentation must be detailed in a process approved by the governing
body of the municipality.
A.
The Municipal Recycling Coordinator or other person(s) so designated
by the governing body is hereby individually and severally empowered
to enforce the provisions of this article. An inspection may consist
of sorting through containers and opening of solid waste bags to detect,
by sound or sight, the presence of any recyclable material.
B.
Each day on which a violation of this article occurs shall be considered
a separate offense.
C.
Fines levied and collected pursuant to the provisions of this article
shall be immediately deposited into the Municipal Recycling Trust
Fund (or equivalent). Monies in the Municipal Recycling Trust Fund
shall be used solely for the expenses of the municipal recycling program.