[Adopted 12-22-1993 by Ord. No. 93-067 (Ch. 123 of the 1994
Code of Ordinances)]
A.Â
ASHES
BAGS
BUILDING MATERIALS
BULKY WASTE
BUNDLES
BUSINESS TRASH
CHLOROFLUOROCARBON (CFC)
COMBUSTIBLE WASTE
COMMERCIAL, INDUSTRIAL AND PROFESSIONAL PROPERTIES
CONSTRUCTION DEBRIS
CONTAINER
(1)Â
(2)Â
CONTRACTOR
COORDINATOR
DEAD ANIMALS
DEPARTMENT
DIRECTOR OF FINANCE
DIRECTOR OF PUBLIC WORKS
ELIGIBLE WASTE
GARBAGE
GOVERNING BODY
HAZARDOUS WASTE
HOSPITAL/RED BAG WASTE
HOUSEHOLD TRASH
INDUSTRIAL WASTE
INSTITUTIONAL PROPERTIES
LITTER
MULTIPLE-DWELLING UNIT
MULTIPLE-DWELLING COMPLEX
NONCOMBUSTIBLE WASTE
POLYCHLORINATED BIPHENYL (PCB)
PERSON
PRODUCER
RECEPTACLE
RECYCLABLE MATERIALS
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
(11)Â
(12)Â
(13)Â
(14)Â
(15)Â
(16)Â
(17)Â
RECYCLING AREA
REFUSE
REGULATIONS
RESIDENTIAL UNIT
(1)Â
(2)Â
REUSABLE RECEPTACLE
RUBBISH
SCAVENGER
SINGLE-RESIDENTIAL UNIT
SOLID WASTE
(1)Â
(2)Â
(3)Â
STREET
TOWNSHIP
TRADE WASTE
YARD WASTE
The following words and terms shall have the meanings set forth hereafter
when utilized in this article. The word "shall" is always mandatory,
and not merely discretionary, and is to be so applied in all instances.
The residual from the burning of wood, coal, coke or other
combustible materials.
Plastic or fiber sacks designed to store solid waste with
sufficient wall strength to maintain physical integrity when lifted
by the top. Total weight of a bag shall not exceed 50 pounds. If bag
breaks while being lifted, such bag shall not be considered of appropriate
strength as to be used for containment of solid waste.
Any material such as lumber, brick, plaster, gutters, roofing
shingles or other substances accumulated as a result of repairs or
additions to existing buildings, construction of new buildings or
demolition of existing structures.
Large items such as concrete, tree stumps, heavy wood items,
iron and steel.
Normally loose items that would be collected if organized
into bundles of not more than four feet in length and tied with twine.
"Bundles" would be organized as to be conveniently handled by one
person. No "bundle" would exceed 50 pounds in weight.
Any waste accumulation of dirt, dust, food, paper, cardboard,
excelsior, rags or other accumulations other than household trash,
which is usually attendant to the operation of stores, offices or
similar businesses.
Also known as hydrochlorofluorocarbon (HCFC) and registered
as Freon A family of chemical substances, used as solvents, accelerant,
blowing or refrigerant agent used in cooling appliances, refrigerators
and air conditioners. CFC/HCFCs are not allowed to leak into the air
or atmosphere, but are required to be contained, cleansed and recycled
as of July 1, 1992, under federal regulations and N.J.A.C. 7:26A subchapter
1, because CFC/HCFCs are widely believed to be associated with depletion
of the Earth's ozone layer. Therefore, before any of the appliances
utilizing CFC/HCFC can be recycled as white goods, the refrigerant
would be removed or its removal attested to by appropriate certification.
Yard trimmings, rags, waste wood or cardboard and all other
combustible waste solids of a nonvolatile and nonexplosive nature.
Any retail, manufacturing, wholesale, governmental or other
nonresidential establishment.
Waste building materials resulting from construction, remodeling,
repair or demolition operations performed by a resident, which is
placed at the curb in a bag, bundle or container as defined herein.
See also "receptacle" and please note terms are interchangeable.
CONTAINER, RECYCLINGA capacity of greater than five gallons but not more than 20 gallons, molded plastic, bright-yellow-colored container with Hamilton recycling logo, of sufficient volume, strength and durability to store and place for collection commingled materials, such as food and beverage containers made from aluminum, glass, plastic (PET and HDPE), steel, tin or combination of metals and alloys.
CONTAINER, SOLID WASTEA receptacle with capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by animals. The mouth of the container shall have a diameter greater than or equal to that of the base. The weight of the container including its contents shall not exceed 50 pounds.
The person, corporation or partnership performing solid waste
and recycling collection through disposal services under contract.
The Solid Waste, Recycling and Clean Community Coordinator
for the Township.
Animals or portions thereof that have expired from any cause,
except deer which shall be removed by Township or NJDEP personnel.
The Township Department of Public Works.
The Director of Finance for the Township.
The Director of Public Works for the Township.
All that material, garbage, refuse, solid waste and rubbish
discarded by residential units. The exceptions are as noted below
and includes recyclable items, certain yard waste, including leaves,
grass clippings and brush.
Putrescible animal and/or vegetative waste resulting from
the handling, preparation, consumption or cooking of food, and shall
include any fecal waste from any animal or bird (when fecal matter
has been separated from other waste and is double-bagged prior to
placement for collection). Solid waste or animal or vegetable matter
from houses, kitchens, restaurants, hotels, produce markets or any
other source of food of any kind to be thrown away.
The Council of the Township.
Any waste or combination of wastes which poses a present
or potential threat to human health, living organisms or the environment,
including, but not limited to, waste material that is toxic, carcinogenic,
corrosive, irritating, sensitizing, biologically infectious, explosive,
flammable or radioactive and any waste so designated by the United
States Environmental Protection Agency (USEPA) or the New Jersey Commissioner
of the Department of Environmental Protection (NJDEP).
Includes but not limited to all instruments, supplies, containers,
bandages, tubing, gloves, etc., used by health-care practitioners
and facilities as described in New Jersey Department of Health regulations
and applicable New Jersey law.
Every waste accumulation of paper, sweepings, dirt, dust,
rags, bottles, cans or other matter of any kind, other than garbage,
which is usually attendant to housekeeping.
All waste, including solids, semisolids, sludge and liquids,
created by factories, processing plants or other manufacturing enterprises.
Any nontaxable (exempt) property, whether they be religious,
educational, service facilities/organizations or institutional establishments,
which may be residential or nonresidential, at which garbage or trash
may be generated.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including, but not limited to, any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
not including the waste of primary processes of mining or other extraction
processes, logging, sawmilling, farming or manufacturing, or as otherwise
defined in applicable New Jersey law.
Any building or structure and land appurtenant thereto containing
two or more living units.
Any building or structure and land appurtenant thereto containing
more than two living units, such as townhouses, condominiums and apartment
houses.
All solid waste material which does not burn.
A pathogenic and teratogenic industrial compound used as
a heat-transfer agent. PCBs accumulate in human or animal tissue and
are normally found in household appliances and underground fuel storage
tanks that are sometime processed for disposal.
Any person, firm, partnership, association, corporation,
company or organization of any kind. Includes all individuals, partnerships,
corporations, owners, tenants, lessees, occupants, associations, organizations,
residing or owning, operating, managing, leasing, occupying any premises
or business, commercial or industrial, within the Township.
Any occupant of a residential unit, public school buildings/facilities
and/or municipal office/activity that generates solid waste and recyclables.
A container constructed of such material and in such a manner
as to hold solid waste and trash and other such items without breaking
or collapsing. Receptacles shall have handles and covers so that contents
therein are not exposed to the weather, animals and vermin. A disposable
plastic bag shall constitute a receptacle if it is of sufficient strength
to hold its contents without breaking when collected. The receptacle
shall be of such a design and weight as to be able to be conveniently
handled by one person. No container shall exceed a weight of more
than 50 pounds when loaded. Commercial garbage receptacles and fifty-five
gallon drums are not acceptable as containers. Receptacles which,
in the opinion of the Department, are badly broken or fail to meet
the requirements of this article may be classified as "garbage."
All waste materials which have the ability to be returned,
through processing, to their former or alternate use. Following are
examples, and not necessarily limited to these:
ALUMINUM CANSIncludes such beverage or food containers constructed or fabricated of aluminum or its alloys.
BATTERY(IES)Includes all types of batteries from flashlights, radios, appliances, automobiles, cameras, etc., whether rechargeable or not.
BIMETAL FOOD CONTAINERSFood and beverage containers which are made up of a mixture of various metals (aluminum, steel, tin).
CARDBOARD/CORRUGATED PAPERIncludes kraft corrugated, which has a brown liner made from kraft paper, and regular corrugated, which is gray or tan and is made from other types of paper such as newspaper.
CONSTRUCTION AND DEMOLITION WASTEIncludes all waste materials as a result of construction and/or demolition of buildings and facilities and made up of mixed wastes such as metals, wood, cement, blacktop, macadam, plaster, glass, plastics, etc.
GLASSIncludes all products made from silica or sand, soda ash and lime, the product being transparent or translucent and being used as packaging and commonly known as "glass." Food and beverage containers commonly known as jars, bottles in the colors of clear, brown and green.
HI-GRADE AND MIXED PAPERSIncludes computer printouts, office paper and stationery.
JUNK MAIL AND MAGAZINESIncludes all delivered and mailed advertisements, telephone books, magazines, glossy-surfaced periodicals and other paper products with shiny photos, colored writing and/or glossy pictures.
BULKY ITEMS/WASTELarge items such as concrete, tree stumps, heavy wood items, iron and steel. Includes but is not limited to furniture, bedding, mattresses, and so on, which may be constructed of several types and mix of materials, which may be rebuilt, reconstructed or segregated into reusable and/or reclaimable materials.
NEWSPAPERSIncludes papers of the type commonly referred to as "newsprint" and distributed at periodic intervals, usually daily or weekly. The term "used newspaper" is interchangeable with "newspapers."
PLASTICSIncludes all beverage containers which are constructed of polyethylene teraphthalate (PET) with recycling logo (1), which is characterized by its clarity, toughness and barrier (ability to resist permeation of carbon dioxide). PET is primarily used for soft drink soda containers; or high-density polyethylene (HDPE) with recycling logo (2), which is characterized by its stiffness, low cost, ease of forming and resistance to breakage. HDPE has a variety of uses, such as milk, water and juice beverage containers.
TEXTILESIncludes all rags, clothes, fabric and woven materials that were formerly used as clothing and/or covering.
TIN CANSIncludes all food and beverage containers which are constructed of tin and/or steel sides, tops and bottoms.
USED TIRESIncludes bias, belted and polyester, of which rubber is the main material in manufacturing.
VEGETATIVE WASTEGrass clippings, grass cuttings, plant residue and leaves. See also "yard waste."
WASTE OILIncludes used oil drained from automobiles, motorcycles and lawn mowers, etc.
YARD WASTEIncludes leaves, grass clippings, plant residue, tree limbs, branches and trunks. See also "vegetative waste."
Space allocated for collection and storage of source-separated
recyclable materials.
Whether it consists of combustible or noncombustible solid
wastes, all miscellaneous materials such as soiled or used rags, paper
products, leather goods, rubber, crockery or other material not defined
as recyclable or white goods. Garbage, rubbish, trash, trade waste,
debris or the remains of uprooted or severed plant life.
Includes such rules, schedules or times promulgated by the
Director of Public Works and adopted by the governing body to carry
out the intent of this article.
A dwelling within the corporate limits of the Township occupied
by a person or group of persons. A "residential unit" shall be deemed
occupied when either water or domestic light and power services are
being supplied thereto.
Note: "Residential unit" definition shall also include all public
schools, municipal offices, activities and properties, official/quasi-official
municipal service activities (such as fire, first aid) located in
the Township, where solid waste and recyclables can be safely placed
at the curb in containers, bags and bundles as may be appropriate
and not exceeding five items per collection day.
Any container which meets the definition of "receptacle"
and is constructed of wood, metal, plastic or other natural or synthetic
materials and used for containment and placement for collection of
solid waste and recyclables.
All materials generated by residential units consisting of
materials other than food waste items not included in the current
recycling/recyclable list.
Any private individual or firm collecting and sorting for
profit from the curbside waste, recyclables, used furniture, or other
materials of value. Also any person engaged in cleanup of lots, buildings,
etc.
Any dwelling place occupied by one family.
All garbage, rubbish, refuse and waste matter usually disposed
of and normally generated by the occupants of residential and other
property, disposed of by private and/or public collection and defined
as "solid waste" by the New Jersey Solid Waste Management Act, N.J.S.A.
13:1E-1 et seq., or other applicable New Jersey law. Items classified
as recyclables shall be prohibited from being commingled with solid
waste. The Township is approved by state law to collect three types
of waste:
TYPE 10, MUNICIPAL WASTEResidential, commercial and institutional solid waste generated within a community.
TYPE 13, BULKY WASTELarge 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 items as tree trunks, parts of auto bodies, demolition or construction material, appliances, furniture and drums.
TYPE 23, VEGETATIVE WASTEIncludes, but is not limited to, tree limbs, branches, leaves, grass clippings, plants and flower residue, etc.
Any right-of-way, avenue, boulevard, road, parkway, viaduct,
drive or other way as approved by the Township Planning Board and/or
Township Zoning Board of Adjustment and built in accordance with Township
standards.
The Township of Hamilton.
All waste solid or liquid material or rubbish resulting from
construction, building operations or the prosecution of any business,
trade or industry, including but not limited to plastic products,
cartons, paints, grease, oil and other petroleum products, chemicals,
cinders and other forms of solid or liquid waste material.
Any waste accumulations of grass, leaves or shrubbery cuttings
or clippings, tree branches, tree limbs, parts of trees, bushes, shrubbery
or other material usually created by yard maintenance. Yard waste
shall be free of dirt, rocks and other bulky and noncombustible materials
and shall be separated for purposes of collection into grass clippings,
leaves and other materials.
B.Â
Where the foregoing definitions conflict with those provided for
in regulations promulgated by the New Jersey Department of Environmental
Protection or otherwise provided by New Jersey law, the definitions
contained herein shall be deemed to be accordingly amended.
No person or persons or corporation shall engage in the business
of yard/lot/facility maintenance, which collects waste (garbage, refuse
or recyclables) and transmits off site in the Township, without first
obtaining a permit to do so from the Director of Public Works or his
designee. A permit issued by the New Jersey Department of Environmental
Protection may be substituted for any such required Township permit.
A Township permit shall not exempt any person from obtaining required
New Jersey Department of Environmental Protection permits.
The expiration date of licenses shall be July 1 next after the
same shall have been granted. Applications for renewal of permits
shall be made no later than June 15 of each year.
A.Â
Generally. All applications for licenses to collect and/or transport
garbage or refuse shall be made in writing, addressed to the Director
of Public Works of said Township. The license fee shall be as promulgated
by the Director of Finance and the Director of Public Works and approved
by the governing body under separate cover, entitled "Schedule of
Fees for Solid Waste Services," and paid per vehicle.[1]
B.Â
Recycling during application for building permit. All applications
for a construction permit obtained from the Township Construction
Official shall be accompanied by a recycling plan on a form provided.
It shall include at least the following:
(1)Â
Estimate of waste to be generated.
(2)Â
Provisions for recycling materials required to be recycled in this
article.
(3)Â
Disposal point for waste and recyclables.
(4)Â
Name of hauler to be used.
(5)Â
Provisions to store waste and recyclables on site.
(6)Â
Other data, including location, name, contractor's name, and date
to begin construction.
C.Â
The approved plan shall be returned to the Construction Official
within 30 days of completion of the construction with a stamp or other
certification of disposal or recycling as provided by the hauler,
disposal point or recycler. It shall state weights and types of all
recycled material.
A.Â
Every person, persons or corporation who shall transport solid waste/recyclable
materials through or along any street in the Township shall use a
properly constructed and furnished vehicle. Vehicles used for the
purpose of collection and transport of solid waste materials shall
be loaded in a manner that will prevent any of the contents from spilling,
falling or leaking from the vehicle. Each vehicle used for garbage
shall be provided with adequate and sufficiently tight covering so
as to prevent the spillage of contents.
B.Â
No such vehicles shall stand in the streets or other public places
at any time except when being loaded. Vehicles shall also be in compliance
with appropriate noise level and abatement requirements and standards.
It is further provided herein that solid waste collection vehicles
shall only operate from 7:00 a.m. to 6:00 p.m., Monday through Saturday.
C.Â
All such vehicles must carry a New Jersey Department of Environmental
Protection vehicle permit displayed as required by law.
All licensed solid waste haulers servicing residential, commercial
and/or institutional premises located within the boundaries of the
Township shall be required to complete and submit tonnage reports
of recyclables collected within the Township on a quarterly basis
to the Department of Public Works. Such report shall include weight,
market outlet and dates of collection.
A.Â
Collection sectors, together with the dates of collection, shall
be established by regulation of the Department of Public Works. In
the event of emergency situations and inclement weather such as ice
and snowstorms, high winds and/or heavy rains, the Department may
suspend, restrict or otherwise modify the provisions of this article.
Should any of the above situations occur, collection for the service
which was suspended will resume on the next regularly scheduled collection
day.[1]
B.Â
The following plus others as may be established shall constitute
holidays on which collections will not be made:
New Year's Day
|
Memorial Day
|
Independence Day
|
Labor Day
|
Thanksgiving Day
|
Christmas Day
|
Property owners and their agents, lessees, tenants or other
occupants who wish to have their solid waste disposed by the Township
shall:
A.Â
Place solid waste from their unit in appropriate containers, receptacles
and/or bundles as specified at the street curb if one exists or adjacent
to but not on the street pavement if there is no curb. The number
of containers shall not exceed seven per dwelling on a single collection
day. If residents plan to exceed seven items or put out items that
are over four feet in length or weigh over 50 pounds, they must call
the Department (or its designee) between the hours of 8:00 a.m. and
5:00 p.m. at least one working day prior to their published collection
day. They must describe the number of items placed out for collection,
its volume and provide their address. The Department (or its designee)
shall reserve the right of decision in determining the maximum capacity
per truck and, therefore, the right to limit the number of special
collections according to volume per route.
B.Â
Receptacles may be placed beginning at dusk of the night preceding
the scheduled collection day. All containers with solid waste shall
be placed out by 6:00 a.m. of the collection day, and those placed
after said hour may not be collected if said collection activity has
already taken place. Solid waste receptacles shall be removed from
the curb or pavement edge by the evening of the collection day.
C.Â
Properties shall be permitted to place solid waste for collection
pursuant to this article and regulations issued by the Department.
Said regulations shall, as a minimum, state the type and number of
receptacles and shall provide for regular and special pickup, subject
to limitations of the municipal budget of the Township.
D.Â
The Department may permit additional receptacles to be placed at
curbside, provided that special prior arrangements have been made
with the Department.
E.Â
No collection of solid waste shall be accomplished on property outside
of the dedicated public rights-of-way by any Township vehicle or private
hauler under contract to the Township except as provided or required
by law.
F.Â
Owner and occupants to supply receptacles in all cases as follows:
(1)Â
The owner, lessee, tenant, occupant or agent of every premises where
solid waste and recyclables accumulate shall provide receptacles for
receiving and holding solid waste and recyclables. At least one receptacle
shall be provided for each residential unit.
(2)Â
Combinations of multifamily units, restaurant, market, store or similar
business establishment, except those "mom and pop" stores currently
approved for curbside collection, shall be equipped for commercial
collection. These combination units shall not be served by Township
resources.
(a)Â
"Mom and pop" operations are all those small commercial properties
which in the process of planning or zoning approval have received
permission to place waste containers at the curb. All properties currently
serviced by curbside collection without such approval shall apply
for approval to maintain curbside collection to the Director of Public
Works. Criteria for approval shall include:
1.Â
Inability of the property to safely and conveniently accommodate
a commercial container.
2.Â
The business does not generate more than the waste allowed to
a single-family residential unit, seven solid waste containers per
collection day.
3.Â
A recycling plan has been filed with the Mercer County Improvement
Authority.
(3)Â
All receptacles or solid waste containers shall be constructed of
metal or plastic and shall be watertight and fitted with tight-fitting
covering, which shall prevent spilling or leakage of contents. For
single-family residences, each container shall have the capacity of
not more than 35 gallons for garbage and not more than 20 gallons
for recycling, and both shall be equipped with at least one handle
for pulling and lifting. In no case will the weight of the container
and its contents be allowed to exceed 50 pounds. In no case shall
paper or cardboard be used to contain garbage placed at the curb for
collection.
(4)Â
Reusable containers made of wood, plastic or metal may be used for
newspaper containment prior to placement at the curb for collection,
provided that littering (blowing paper) will not occur prior to collection
and the total weight of container and newspapers do not exceed 50
pounds.
(5)Â
All owners and tenants of property at which recyclable food and beverage
containers are sold, dispensed or vending machines are located shall
provide separate solid waste and recycling containers for use and
disposal of solid waste and recyclables, as defined herein.
G.Â
Depositing residential waste in commercial containers or on property
owned by others.
(1)Â
It shall be a violation of this article for any person to place garbage
in a waste container or dumpster not owned, rented or leased by that
person without the permission of the property owner.
(2)Â
It shall be a violation of this provision for any person to place
garbage on the property of any other person without the permission
of the property owner.
A.Â
Solid waste and recycling collection or disposal service shall not
be provided to any commercial, industrial or institutional properties
unless they are an agency of the Township.
B.Â
Solid waste and recycling collection or disposal service shall not
be provided to federal, state or county governmental properties or
local schools or medical facilities or offices, except offices located
in a residential structure which qualify under applicable New Jersey
law, nor to multiple-dwelling complexes or any development wherein
the developer in securing municipal approval agreed to provide private
garbage service as set forth in an offering statement or in a resolution
approving such development, unless otherwise provided by law or separate
written agreement.
The following items are prohibited from being placed for municipal
collection:
A.Â
Construction materials, including but not limited to bulk roof shingles,
dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard,
sheetrock, etc.
B.Â
Bulk tree trimmings and tree stumps above 50 pounds.
C.Â
Hot ashes, dirt, earth, stone, blacktop, concrete, concrete block
and macadam.
D.Â
Industrial waste, including but not limited to processed scrap materials,
packing materials and certain hazardous and dangerous materials, such
as acids, paints, fluorescent tubes, bulk amounts of glass, toxic
materials and highly volatile or explosive matter, either in liquid,
gaseous or solid form.
E.Â
Bulk automotive parts, including but not limited to transmissions,
engines, rear ends, rims, tires, wheels, mufflers and other bulk items
normally produced in quantity by vehicular repair operations.
F.Â
Dead animals and farm animal waste.
G.Â
Surgical dressings, syringes and disposable hospital-type waste items,
also known as "red bag waste." Note: Health care providers and residents
who are producing and/or are creating red bag waste components in
conducting daily activities or are maintaining their health shall
be required to make appropriate arrangements with their suppliers
to correctly contain and process for disposal their red bag waste
materials.
H.Â
New and used motor oils, petroleum-based products, or antifreeze.
I.Â
Hazardous waste classified pursuant to regulations issued by the
New Jersey Department of Environmental Protection (NJDEP), adopted
under authority of N.J.S.A. 13:1D-9 and 13:1E-6, as amended. Toxic
chemicals commonly known as "commercial hazardous waste" and "household
hazardous waste" would be excluded.
A.Â
Domestic or household bulky items, such as washing machines, dryers,
refrigerators, stoves, household appliances, and other household furnishings,
such as chairs, sofas, rugs, padding, etc., shall not be placed at
the curb for collection unless special arrangements have been made
with the hauler, meeting the published collection schedule. No bulky
item shall be of a weight or be of a size greater than can be conveniently
handled by two persons.
B.Â
It shall be a violation of this article for any individual, association,
partnership or corporation to leave outside of any property, building
or dwelling any icebox, refrigerator, freezer or dishwasher or any
other item which has an airtight door, without first removing said
airtight door. It shall also be a violation of this article to dispose
or place for disposal or to collect any appliance containing freon
without making arrangements for recovery of the freon and its recycling.
C.Â
It shall be a violation of this article for any individual, association,
partnership or corporation to conduct a repair or salvage operation
and use the services of the Township for solid waste collection.
[Amended 3-6-1997 by Ord. No. 97-008]
Branches and brush shall be collected in accordance with requirements
established by the Township Department of Public Works. Collection
of tree trunks shall be scheduled through the Township Department
of Public Works.
[Amended 12-6-2005 by Ord. No. 05-035]
A.Â
The service listed under the nomenclature of "yard waste" in the
annual Township schedule shall, during the months of October, November
and December, consist of strictly leaf collection. During this time,
leaves may be placed in neat piles in a trash can, bucket, bag or
other vessel at the curb or pavement edge for collection, provided
that the piles do not constitute a traffic hazard. It shall be a violation
of this article for any private contractor to place leaves at the
curb or pavement. Residents may also place leaves for collection in
plastic bags during the months of October, November and December,
which are collected on the normal solid waste collection day. The
plastic bags shall not exceed 50 pounds in weight, be neatly placed
untied at the curb and be separated from solid waste containers by
a minimum of a foot (12 inches) distance.
B.Â
Leaves that are not placed in containers described in Subsection A above shall be placed at the curb or pavement edge no more than seven days prior to scheduled collection and no closer than 10 feet from any storm drain inlet.
C.Â
It shall be a violation of this article for any private contractor
to place leaves at the curb or pavement. If an appropriate license
has been secured and fees paid, the collected leaves of these contract
operations can be disposed of legally and properly at the Department-regulated
location, as published under separate cover.
[Amended 12-6-2005 by Ord. No. 05-035]
A.Â
Residents are encouraged to recycle their grass clippings by cutting
and leaving. For those individuals who cut and bag their grass clippings,
the following procedures shall govern:
(1)Â
Grass clippings shall not be commingled with other yard waste between
April 15 and October 15 of the year.
(2)Â
Grass clippings shall be placed at the curb in reusable containers
with tops off or in untied plastic bags placed curbside. Neither the
reusable container or the plastic bags shall exceed 50 pounds, including
the contents within the container.
(3)Â
Reusable containers or bags shall be placed at curbside on normally
scheduled solid waste collection days, separate from garbage or refuse
also placed for collection.
(4)Â
Any grass clippings placed at the curb or pavement edge during the months of leaf collection need not be contained but can be commingled with leaves placed for collection. If not contained, the grass clippings shall be placed at the curb or pavement edge no more than seven days prior to scheduled leaf collection and no closer than 10 feet from any storm drain inlet. See Subsection B of § 420-28, Leaves.
B.Â
It shall be a violation of this article for any private contractor
to place grass clippings at the curb or pavement. If an appropriate
license has been secured and fees paid, the collected grass clippings
of these contract operations can be disposed of legally and properly
at the Department-regulated location as published under separate cover.
Property owners of record shall be responsible for the placement
of materials for collection as specified herein. The governing body
shall be empowered to fix fees by regulation for the removal of materials
not placed in accordance with the terms of this article. The payment
of applicable fees shall be the responsibility of the property owner
of record.
Property owners and their agents, lessees, tenants or other
occupants who place materials not in accordance with this article
shall hold harmless and indemnify for any or all losses the Township,
its employees and agents for all costs, direct and indirect, which
are attributable, in the sole discretion of the Township, for materials
which were placed for collection in violation of the terms of this
article.
A schedule of fees shall be established by the governing body for services provided under §§ 420-28 and 420-29. The approved fees may be charged for household containers and/or containerized receptacles, including but not limited to normal service and re-collection if collection activities are unable to be performed due to violation of this article.
Fees not paid within 30 days of assessment by the Department
shall constitute a lien against the property, which shall be collected
in a manner provided by law, and services shall cease until full restitution
has occurred.
This article shall be enforced in Municipal Court upon a complaint
signed by a member of code enforcement, the Division of Health, the
Department of Public Works or the Department of Public Safety of the
Township. Further, once a complaint has been signed and issued, the
responsibility for disposal of solid waste shall lie with the violator
and/or shall be processed as a lien against the property and in accordance
with law.
The Department of Public Works may issue regulations exempting
from total or partial compliance those residential properties whose
sole occupant or occupants are unable to meet the requirements of
this article by reason of disability. Obtaining an exemption based
on disability shall be by application to the Township's Americans
with Disabilities Act Coordinator.
The Department of Public Works shall transmit all solid waste
collected pursuant to this article to lawfully licensed facilities
designated by the County of Mercer in the Mercer County Solid Waste
Plan and/or the State of New Jersey. If permitted by said solid waste
plan and if said users and markets exist on a positive-cost-benefit-ratio
basis to the municipality, then the Township may elect to dispose
of said solid waste or a portion thereof in an alternative manner.
The Township shall assume ownership of items or materials classified
as solid waste and/or recyclable upon placement at curbside, subsequent
collection by the Township or upon delivery to a municipal dropoff
center specified herein, except as otherwise provided by law.
The Mayor shall designate a Clean Communities Coordinator, Solid
Waste and Recycling Coordinator and an alternate selected from among
the Department of Public Works executive management personnel, required
to act as liaison with Mercer County and State of New Jersey Department
of Environmental Protection (NJDEP) solid waste/recycling and clean
communities officials, keep records, apply for grants/aid and perform
the annual/recurring applications and updating process.
A.Â
Upon classification of an item or material as recyclable, residential
and other property owners shall cause themselves or their agents,
lessees, tenants or their occupants to separate said items or materials
separately for collection, whether said collection is performed by
a municipal agency or private contractor.
B.Â
On and after the date fixed in the regulations and in accordance
with the terms thereof, it shall be mandatory for all persons who
are owners, lessors, renters or occupants of residential dwellings
and commercial, industrial and institutional property in the Township
to separate recyclable materials from all other solid waste generated.
C.Â
Commercial, industrial and institutional properties that are not
serviced by the Township shall be required to negotiate with their
private hauler/contractor in accordance with the provisions of the
Mercer County District Recycling Plan. Written approval of exemption
shall be required to be secured by the owner, operator, contractor
of commercial, industrial and/or institutional users. The Director
of Public Works shall review the exemption form submitted to determine
that the person applying for the exemption has otherwise provided
for alternative recycling of the designated recyclable materials.
If a determination has been made that adequate alternative provisions
have been made for recycling, a written exemption shall be granted.
D.Â
At the present time, the waste materials to be recycled by New Jersey
State mandate and designated as recyclable by the Township are:
(2)Â
Cardboard/corrugated paper, bundled two feet by two feet by one foot.
(3)Â
Hi-grade and mixed paper – computer, office paper, stationery/envelopes
without windows.
(4)Â
Newspapers, used newspapers with inserts, but no magazines.
(5)Â
Junk mail, telephone books, glossy/shiny paper and magazines, bundled
two feet by two feet by one foot.
(6)Â
Waste oil brought to recycling center.
(7)Â
White goods, metals, bulky items.
(8)Â
Textiles.
(9)Â
Used tires.
(10)Â
Yard wastes – leaves, grass clippings, branches, vegetative
waste.
(11)Â
Construction and demolition wastes – tree stumps, logs,
concrete, asphalt, cinder blocks, bricks and other construction materials.
Note: Additional recyclable materials shall be added in accordance
with the New Jersey Source Separation and Recycling Act and the Mercer
County District Recycling Plan. The Department of Public Works or
the County of Mercer shall issue regulations classifying recyclables
and providing for the method and manner of collection. Said classification
shall be dependent upon the existence of lawful disposal, users or
markets for said recyclables.
|
The Department of Public Works shall designate a municipal dropoff
center. Said center shall accept, as a minimum, used motor oils, newspaper,
corrugated paper, junk mail, aluminum, metal, bimetal, glass and plastics
pursuant to New Jersey Department of Environmental Protection regulations
or applicable New Jersey law.
Materials classified as recyclable shall only be disposed of
by:
A.Â
Placing them for collection by the municipality pursuant to the terms
of this article and regulations issued by Department in accordance
with the provisions set forth by the governing body.
B.Â
Giving, donating or selling them or permitting them to be collected
by any person, partnership or corporation, whether operating for profit
or not, provided that the material shall:
(1)Â
Be recycled.
(2)Â
Be collected from a point other than curbside in districts with municipal
collection of recyclable items or materials or at a municipal dropoff
center, with the permission of the Township.
(3)Â
Be reported to the municipality by both the generator and the receiver
of the recyclable items or materials in accordance with regulations
of the Public Works Department, the County of Mercer and the State
of New Jersey.
C.Â
Recycling documentation in the form and format adopted by the Department,
supported by weight slips or a signed business form letter, shall
be required from all those who market, collect, haul and/or generate
recyclable materials, whether they be residential, commercial and/or
institutional premises, located within the boundaries of the Township,
as required by the Mercer County District Recycling Plan. These records
and reports shall be submitted to the Township Recycling Coordinator
on a quarterly basis, specifically, not later than close of business
January 1, April 1, July 1 and October 1 of a given year and beginning
as of the effective date of this article.
D.Â
Used tires. Depending upon the availability of markets or other disposal
means for used tires, the Department may, at its discretion, provide
for the disposal of used tires by the residents. The governing body
shall be empowered to fix fees by regulation for the disposal of used
tires, and the disposal method shall be established by regulation
of the Department.
A.Â
Each collection in violation of this article and each day a violation
is committed or permitted to continue shall constitute a separate
offense.
B.Â
Any person, firm or corporation who violates or neglects to comply with any provision of this article or any rule, regulation or directive promulgated pursuant thereto shall, upon conviction thereof, be subject to the penalties in Chapter 1, General Provisions, § 1-2, Violations; penalties, of the Township Code.[1]
All provisions of this Code, as amended and supplemented inconsistent
herewith, are hereby repealed only to the extent of any such inconsistencies
and as necessary to render such provisions consistent with the requirement
of this article.
The definitions provided herein at § 420-16 shall take precedence when in conflict with definitions provided in the following chapters of this Code, which shall be deemed to be amended to conform herewith:
The central goal of this article is to reduce its 1993 solid
waste stream by at least 25% from 1989 levels by using a variety of
recycling procedures. In subsequent years, the plan also seeks to
recycle at least 50% of the 1989 solid waste stream by the year 1995.
The additional goal is to place all ordinances and rules relating
to solid waste collection under one section and avoid scattering the
laws over an entire volume. To accomplish this goal, this plan element
establishes the following objectives:
A.Â
To continue the implementation of the Township recycling ordinance
requiring the source separation and collection of recyclable materials.
B.Â
To provide site plan and subdivision review procedures that require
the collection, disposition and recycling of recyclable materials
within any development proposal for the construction of any major
subdivision of single-family housing and any commercial or industrial
development proposal.
C.Â
To expand and improve the procedures and requirements of the Township
recycling program, including the materials to be recycled, whenever
said expansion or improvement is consistent with the statewide Recycling
Act, Mercer County Solid Waste Management Plan and the findings of
the Department of Environmental Protection.