Borough of Milford, NJ Solid Waste

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.

§ 164-2 Interpretation.

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.

§ 164-3 Definitions.

Except as may be set forth herein, and unless the context shall specifically require otherwise, all terms used herein shall have their ordinary meanings.

All definitions contained in Article II of this chapter are deemed incorporated herein as if set forth fully and at length.

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.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 164-4 Collection days.

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.

In the event that any Monday shall be a legal holiday or in the event of a snowstorm, emergency or act of God, the collection provided for in Subsection A of this section shall take place on the following day or as soon thereafter as is practicable.

§ 164-5 Amount placed for collection limited.

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.

§ 164-6 Container requirements.

All garbage set out for collection shall, except as otherwise set forth, be contained in watertight cans with lids or in watertight plastic bags.

Any apartment building having more than four units shall provide a dumpster or similar container for residents to place their garbage in.

§ 164-7 Yard debris.

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.

No yard debris shall be mixed with garbage.

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.

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.

§ 164-8 Household rubbish.

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.

All such rubbish shall be placed for collection in a reasonable amount and in a neat and orderly manner.

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]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 164-9 Transfer station.

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.

§ 164-10 Construction debris.

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.

§ 164-11 Recyclables.

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.

§ 164-12 Violations and penalties.

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.

Recyclables. Any person who shall place for garbage collection any material described as recyclable or which is required by Article II of this chapter to be source-separated for recycling shall be subject to the penalties contained in Article II of this chapter.

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.

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.

Article II: Source Separation and Recycling

[Adopted 8-2-2010 by Ord. No. 761-2010]

§ 164-13 Definitions.

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:

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.

§ 164-14 Municipal Recycling Coordinator.

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]

[1]

Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

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.

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.

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.

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.

§ 164-15 Mandatory source separation; collection.

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.

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.

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.

§ 164-16 Residential dwellings.

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.

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]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 164-17 Residential complexes.

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.

An occupant within a residential complex who fails to comply with the requirements of this article may be fined not less than $50 nor more than $250 for each month of noncompliance.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

The owner/management shall issue notification and collection rules to new tenants when they arrive and at least twice annually during their occupancy.

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.

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]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

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.

§ 164-18 Commercial, industrial and institutional establishments.

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.

All commercial, industrial and institutional generators of solid waste shall be required to comply with the provisions of this article.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

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.

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.

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.

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.

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]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 164-19 New multifamily housing or commercial, institutional or industrial developments.

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.

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.

Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.

§ 164-20 Collection of solid waste mixed with recyclables prohibited.

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.

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.

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.

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]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 164-21 Solid waste transporter requirements. [1]

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.

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.

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.

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.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 164-22 Proof of service.

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.

§ 164-23 Enforcement.

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.

Each day on which a violation of this article occurs shall be considered a separate offense.

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.

§ 164-24 Violations and penalties. [1]

Except as otherwise provided herein, violations of this article shall be subject to the penalties as prescribed in Chapter 1, General Provisions, Article II, of this Code and as may be set forth by New Jersey state law.

[1]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

	01	Corrugated: containers and similar paper items usually used to transport supplies, equipment parts or other merchandise.
	02	Mixed 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.
	03	Newspaper: 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).
	04	Other paper/magazines/junk mail: all paper which is not defined as "corrugated," "mixed office paper," "computer paper" or "newspaper."
	05	Glass containers: all glass containers used for packaging food or beverages.
	06	Aluminum cans: food and beverage containers made entirely of aluminum.
	07	Steel 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.
	08	Plastic containers: containers including polyethylene terephthalate (PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2) and milk, water or detergent.

	11	White 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.
	12	Antifreeze: all automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
	13	Batteries, lead-acid: batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
	16	Used 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.
	15	Tires: 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.