Township of Hamilton, NJ Collection, Transportation and Disposal of Solid Waste and Recyclable Materials

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.

ASHES

The residual from the burning of wood, coal, coke or other combustible materials.

BAGS

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.

BUILDING MATERIALS

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.

BULKY WASTE

Large items such as concrete, tree stumps, heavy wood items, iron and steel.

BUNDLES

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.

BUSINESS TRASH

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.

CHLOROFLUOROCARBON (CFC)

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.

COMBUSTIBLE WASTE

Yard trimmings, rags, waste wood or cardboard and all other combustible waste solids of a nonvolatile and nonexplosive nature.

COMMERCIAL, INDUSTRIAL AND PROFESSIONAL PROPERTIES

Any retail, manufacturing, wholesale, governmental or other nonresidential establishment.

CONSTRUCTION DEBRIS

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.

CONTAINER

See also "receptacle" and please note terms are interchangeable.

(1)

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.

(2)

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.

CONTRACTOR

The person, corporation or partnership performing solid waste and recycling collection through disposal services under contract.

COORDINATOR

The Solid Waste, Recycling and Clean Community Coordinator for the Township.

DEAD ANIMALS

Animals or portions thereof that have expired from any cause, except deer which shall be removed by Township or NJDEP personnel.

DEPARTMENT

The Township Department of Public Works.

DIRECTOR OF FINANCE

The Director of Finance for the Township.

DIRECTOR OF PUBLIC WORKS

The Director of Public Works for the Township.

ELIGIBLE WASTE

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.

GARBAGE

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.

GOVERNING BODY

The Council of the Township.

HAZARDOUS WASTE

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).

HOSPITAL/RED BAG WASTE

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.

HOUSEHOLD TRASH

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.

INDUSTRIAL WASTE

All waste, including solids, semisolids, sludge and liquids, created by factories, processing plants or other manufacturing enterprises.

INSTITUTIONAL PROPERTIES

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.

LITTER

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.

MULTIPLE-DWELLING UNIT

Any building or structure and land appurtenant thereto containing two or more living units.

MULTIPLE-DWELLING COMPLEX

Any building or structure and land appurtenant thereto containing more than two living units, such as townhouses, condominiums and apartment houses.

NONCOMBUSTIBLE WASTE

All solid waste material which does not burn.

POLYCHLORINATED BIPHENYL (PCB)

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.

PERSON

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.

PRODUCER

Any occupant of a residential unit, public school buildings/facilities and/or municipal office/activity that generates solid waste and recyclables.

RECEPTACLE

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."

RECYCLABLE MATERIALS

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:

(1)

ALUMINUM CANSIncludes such beverage or food containers constructed or fabricated of aluminum or its alloys.

(2)

BATTERY(IES)Includes all types of batteries from flashlights, radios, appliances, automobiles, cameras, etc., whether rechargeable or not.

(3)

BIMETAL FOOD CONTAINERSFood and beverage containers which are made up of a mixture of various metals (aluminum, steel, tin).

(4)

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.

(5)

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.

(6)

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.

(7)

HI-GRADE AND MIXED PAPERSIncludes computer printouts, office paper and stationery.

(8)

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.

(9)

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.

(10)

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."

(11)

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.

(12)

TEXTILESIncludes all rags, clothes, fabric and woven materials that were formerly used as clothing and/or covering.

(13)

TIN CANSIncludes all food and beverage containers which are constructed of tin and/or steel sides, tops and bottoms.

(14)

USED TIRESIncludes bias, belted and polyester, of which rubber is the main material in manufacturing.

(15)

VEGETATIVE WASTEGrass clippings, grass cuttings, plant residue and leaves. See also "yard waste."

(16)

WASTE OILIncludes used oil drained from automobiles, motorcycles and lawn mowers, etc.

(17)

YARD WASTEIncludes leaves, grass clippings, plant residue, tree limbs, branches and trunks. See also "vegetative waste."

RECYCLING AREA

Space allocated for collection and storage of source-separated recyclable materials.

REFUSE

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.

REGULATIONS

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.

RESIDENTIAL UNIT

(1)

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.

(2)

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.

REUSABLE RECEPTACLE

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.

RUBBISH

All materials generated by residential units consisting of materials other than food waste items not included in the current recycling/recyclable list.

SCAVENGER

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.

SINGLE-RESIDENTIAL UNIT

Any dwelling place occupied by one family.

SOLID WASTE

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:

(1)

TYPE 10, MUNICIPAL WASTEResidential, commercial and institutional solid waste generated within a community.

(2)

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.

(3)

TYPE 23, VEGETATIVE WASTEIncludes, but is not limited to, tree limbs, branches, leaves, grass clippings, plants and flower residue, etc.

STREET

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.

TOWNSHIP

The Township of Hamilton.

TRADE WASTE

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.

YARD WASTE

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.

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.

§ 420-17 License required for waste collection.

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.

§ 420-18 Term of licenses and renewal.

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.

§ 420-19 Application for license; license fees.

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]

[1]

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

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)

Estimate of waste to be generated.

(2)

Provisions for recycling materials required to be recycled in this article.

(3)

Disposal point for waste and recyclables.

(4)

Name of hauler to be used.

(5)

Provisions to store waste and recyclables on site.

(6)

Other data, including location, name, contractor's name, and date to begin construction.

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.

§ 420-20 Vehicle requirements for collection and transport of solid wastes.

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.

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.

All such vehicles must carry a New Jersey Department of Environmental Protection vehicle permit displayed as required by law.

§ 420-21 Solid waste hauler reports.

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.

§ 420-22 Scheduling of collection.

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]

[1]

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

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

§ 420-23 Solid waste disposal service requirements.

Property owners and their agents, lessees, tenants or other occupants who wish to have their solid waste disposed by the Township shall:

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.

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.

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.

The Department may permit additional receptacles to be placed at curbside, provided that special prior arrangements have been made with the Department.

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.

Owner and occupants to supply receptacles in all cases as follows:

(1)

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)

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)

"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:

Inability of the property to safely and conveniently accommodate a commercial container.

The business does not generate more than the waste allowed to a single-family residential unit, seven solid waste containers per collection day.

A recycling plan has been filed with the Mercer County Improvement Authority.

(3)

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)

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)

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.

Depositing residential waste in commercial containers or on property owned by others.

(1)

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)

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.

§ 420-24 Exceptions to solid waste disposal services requirements.

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.

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.

§ 420-25 Prohibited materials.

The following items are prohibited from being placed for municipal collection:

Construction materials, including but not limited to bulk roof shingles, dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard, sheetrock, etc.

Bulk tree trimmings and tree stumps above 50 pounds.

Hot ashes, dirt, earth, stone, blacktop, concrete, concrete block and macadam.

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.

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.

Dead animals and farm animal waste.

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.

New and used motor oils, petroleum-based products, or antifreeze.

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.

§ 420-26 Bulky items from residential use.

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.

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.

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.

§ 420-27 Branches and tree trunks.

[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.

§ 420-28 Leaves.

[Amended 12-6-2005 by Ord. No. 05-035]

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.

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.

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.

§ 420-29 Grass clippings.

[Amended 12-6-2005 by Ord. No. 05-035]

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)

Grass clippings shall not be commingled with other yard waste between April 15 and October 15 of the year.

(2)

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)

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)

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.

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.

§ 420-30 Fees for noncompliance.

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.

§ 420-31 Hold harmless and indemnification provision.

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.

§ 420-32 Special collection fees.

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.

§ 420-33 Collection of assessed fees.

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.

§ 420-34 Enforcement.

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.

§ 420-35 Exceptions for individuals with disabilities.

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.

§ 420-36 Disposal of solid waste.

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.

§ 420-37 Ownership of solid waste.

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.

§ 420-38 Designation of solid waste officials.

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.

§ 420-39 Designation of recyclable materials and services.

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.

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.

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.

At the present time, the waste materials to be recycled by New Jersey State mandate and designated as recyclable by the Township are:

(1)

Commingled materials, which are:

(a)

Aluminum cans and containers.

(b)

Glass food and beverage containers, all colors.

(c)

Steel (tin) and bimetal food and beverage containers.

(d)

Plastic (PET-HDPE), milk, water and beverage containers with recycling logo (1) and (2).

(2)

Cardboard/corrugated paper, bundled two feet by two feet by one foot.

(3)

Hi-grade and mixed paper – computer, office paper, stationery/envelopes without windows.

(4)

Newspapers, used newspapers with inserts, but no magazines.

(5)

Junk mail, telephone books, glossy/shiny paper and magazines, bundled two feet by two feet by one foot.

(6)

Waste oil brought to recycling center.

(7)

White goods, metals, bulky items.

(8)

Textiles.

(9)

Used tires.

(10)

Yard wastes – leaves, grass clippings, branches, vegetative waste.

(11)

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.

§ 420-40 Municipal dropoff center.

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.

§ 420-41 Disposal of recyclable items.

Materials classified as recyclable shall only be disposed of by:

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.

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)

Be recycled.

(2)

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)

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.

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.

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.

§ 420-42 Violations and penalties.

Each collection in violation of this article and each day a violation is committed or permitted to continue shall constitute a separate offense.

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]

[1]

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

§ 420-43 General repealer and interpretive statement.

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.

§ 420-44 Reconciliation of conflicting terms and definitions.

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:

Chapter 362, Property Maintenance.

Article I, Garbage Receptacles; Private Collection; and Article II, Recycling, of this chapter.

§ 420-45 Legislative intent; goals and objectives.

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:

To continue the implementation of the Township recycling ordinance requiring the source separation and collection of recyclable materials.

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.

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.