[Adopted 11-12-1991 by Ord. No. 1,032 as Ch. 180 of the 1991 Code]
The purpose of this article is to regulate and control the collection,
disposal and transportation of solid wastes within the Borough of
Lincoln Park, County of Morris and State of New Jersey.
As used in this article, the following terms shall have the
meanings indicated:
The Administrator of the Borough of Lincoln Park or his designee.
Recyclable all-aluminum cans.
The Borough of Lincoln Park, the Mayor and governing body
of the Borough of Lincoln Park or their designee.
A person or firm engaged in the business of solid waste collection
and/or disposal, properly authorized by the State Department of Environmental
Protection.[1]
Any animal or vegetable waste solids resulting from the handling,
preparation, cooking or consumption of foods, not including human
waste.
Any person or firm engaged in a business of service, construction,
repairing, refurbishing or remodeling of buildings, the demolition
of buildings or the care and maintenance of buildings or grounds within
the Borough of Lincoln Park.
All products made from silica or sand, soda ash and limestone,
the product being transparent or translucent and being used for packaging
or bottling of various matter, and all other materials commonly known
as "glass," excluding, however, blue and flat glass commonly known
as "window glass."
Wastes presenting a danger to the health and safety by reason
of their pathological, explosive, radiological or toxic characteristics.
Includes daily and weekly publications printed on paper of
the type commonly referred to as "newsprint" but shall not include
magazines and other glossy print or glued, bound or stapled printed
matter.
Any type of commercial, industrial, professional or similar
activity, whether or not operated for a profit, occupying premises
within the Borough of Lincoln Park and creating solid waste in any
form.
The owner, agent, tenant, lessee, caretaker or any other
person in charge of any premises affected by this article.
Any individual, partnership, corporation or association of
persons.
Combustibles such as paper, wood, plastics and yard debris
and noncombustibles such as metal, glass, ceramics and stone.
Any person, occupant or firm occupying or retaining his or
its place of residence within the Borough of Lincoln Park.
Garbage, refuse, rubbish and trash resulting from normal
residential activities.
Any person occupying any dwelling unit, such as a home, tract
or multifamily dwelling, of two or fewer units.
Any unauthorized or unlicensed person, firm or corporation
collecting or sorting garbage, refuse or trash placed at the collection
point for the Borough collection.
Garbage, refuse, rubbish and trash in any form.
Bulky materials or other solid waste such as broken concrete,
sod, dirt and building materials not generated by a general contractor
or which cannot be stored in a standard collection container but can
be collected by a standard collection vehicle.
A standard watertight vessel designed and constructed for
the storing of garbage, refuse, rubbish and trash, made of metal or
plastic with a tight-fitting lid or cover and handles for unloading.
Standard solid waste containers shall not have a volume larger than
32 gallons and shall not weigh more than 50 pounds when placed at
the curb for collection. Plastic disposal bags not less than three
mils thick are acceptable, provided that they are capable of containing
50 pounds of refuse when lifted.
Vegetative matter from lawns and shrubbery, including leaves,
grass clippings and tree and shrubbery trimmings, but excluding animal
waste.
[Amended 6-6-1994 by Ord.
No. 1,111, effective 6-26-1994]
A.
No person shall collect, transport or carry any solid waste or cause
any solid waste to be collected, transported or carried through on
any street in the Borough of Lincoln Park, County of Morris, without
first complying with the provisions of this article. In addition,
each and every vehicle used to collect, transport or carry any solid
waste in or through the Borough of Lincoln Park shall have the name
of the owner and/or operator and the business telephone number of
the same on each side of each vehicle in no less than three-inch letters
in a color in contrast to its background as a prerequisite. No contract
shall be awarded absent delivery of proof satisfactory to the Administrator
that the applicant possesses the equipment, expertise, experience
and the ability to fulfill the terms and conditions of this article.
B.
Each bidder, as a condition of bid award, shall provide a list of
accounts within the Borough of Lincoln Park, giving the name, address
and telephone number of each account, the frequency and days of collection
and the estimated volume of the refuse to be collected. Such information
shall be revised and updated semiannually.
C.
The Mayor and governing body shall have the right to grant the exclusive
privilege of removing and transporting solid waste for a term not
exceeding five years, upon competitive bidding, to the lowest responsible
bidder who complies with regulations respecting the bidding and who
furnishes a proper bond satisfactory to the governing body in the
amount of the bid, conditioned upon the faithful performance of the
obligations of the contract.
The collection and removal of solid waste shall be done in accordance
with the provisions of this article and shall be subject to the general
supervision of the governing body and the Administrator and shall
be subject to such additional rules and regulations as the governing
body may, from time to time, prescribe by ordinance.
The occupant of each property in the Borough of Lincoln Park
shall supply suitable receptacles as hereinafter prescribed.
The contractor shall, on the same day, report to the Borough
Administrator any dispute that occurs between himself and an occupant
with respect to the removal of solid waste, and the Administrator
shall thereupon immediately investigate the subject matter and take
appropriate steps under the circumstances and give necessary or emergent
instructions and thereupon report, in writing, concerning the subject
to the governing body at its next meeting.
[Amended 4-4-1994 by Ord. No. 1,102, effective 4-24-1994]
A.
All receptacles for garbage shall be in conformance with the definition
of "standard solid waste container" herein. Such containers must be
maintained in a manner that is not a danger to health or safety. Receptacles
that are badly broken, damaged, or deteriorated or otherwise fail
to satisfy any of the requirements of this article shall be classified
as refuse as directed by the Administrator and disposed of accordingly.
B.
Collection waste at each location shall not exceed four standard
solid waste containers per collection day.
C.
All receptacles shall be within five feet of the improved roadway
or as may be directed by the Administrator and shall be promptly removed
after the contractor has picked up the garbage, refuse and/or trash.
D.
No occupant shall permit solid waste or containers to be at the collection
point earlier than 12 hours before the start of the collection day
or to remain at the collection point longer than 12 hours after the
end of the standard collection day, except as may be permitted by
the Administrator.
E.
All residential solid waste, except newspapers and certain special
materials, shall be placed in standard solid waste containers as defined
hereinabove. All cans and bottles shall be drained before collection.
Garbage shall, wherever possible, be drained and wrapped securely
to prevent spilling and contamination of other refuse.[1]
F.
Up to three items defined as "special materials" may be placed on
the curb for collection on any regularly scheduled collection day.
Any residential or nonresidential user qualifying for service under
the terms and provisions of this article may make arrangements with
the contractor, two working days in advance, to have more than said
three containers collected. Refrigerators, large trunks, washing machines,
dryers and other similar large items shall have all doors and lids
removed. Broken concrete, leaves, grass, sod, dirt and building material
not generated by a general contractor shall be placed in containers
not exceeding 50 pounds in weight. All other special materials shall
be tied in bundles not exceeding 50 pounds in weight and four feet
in length.
G.
Garbage, refuse and/or trash spilled by animals, vandals or as a
result of defective or inadequate containers or any reason whatsoever,
prior to the actual collection of the same by the contractor, shall
be placed in a proper receptacle within six hours by the occupant.
H.
No hazardous material shall be placed at the curb for collection
by any occupant without first obtaining permission from the Administrator.
The Administrator shall render a decision as to whether the material
is acceptable for Borough collection and disposal, after consultation
with the Morris County solid waste agency and other applicable agencies,
based upon the pathological, explosive, radiological and/or any other
toxic characteristics.
I.
In buildings in which two or more families reside, each family shall
mark its own receptacles with the initials of the respective name
so as to render the receptacles readily identifiable.
J.
Immediately after the receptacles are properly emptied, the contractor
shall return them to the point from which he took them.
K.
Dumpsters, roll-offs and drop boxes may be used at certain nonresidential,
commercial and industrial sites if approved or directed by the Administrator.
All such solid waste containers shall comply with all Occupational
Safety and Health Act (OSHA) and American National Standards Institute
(ANSI) regulations and shall meet or exceed the appropriate Waste
Equipment Manufacturers Institute (WEMI) specifications. All such
containers shall be maintained in a manner so as not to present a
danger to health or safety. All containers shall be clearly marked
with the owner's name, address and business telephone number and shall
be placed on an asphalt or concrete pad of sufficient fitness and
length to allow for the proper loading and unloading without damaging
either the pad or adjacent surroundings.
A.
All vehicles used for collection, removal and transportation of solid
waste shall be completely enclosed and capable of compacting the refuse
within the body of said vehicle. All such vehicles shall be in compliance
with all OSHA and ANSI regulations and shall meet or exceed the appropriate
WEMI specifications.
B.
All equipment used by the contractor shall be subject to inspection
by the Administrator at any reasonable time in order to ensure compliance
with the terms and conditions of this article.
C.
All vehicles used for the collection and removal of solid waste shall
be provided with a watertight box, body or container closely and entirely
covered with suitable covers adequate to prevent leakage or dripping
or material being blown from the vehicle. Such vehicles shall be kept
closed at all times, except during the period of emptying and filling,
and shall be kept clean and shall be thoroughly washed, inside and
outside, between each collection and the next subsequent collection.
The contractor shall not permit any vehicle to become offensive either
through odor, appearance of for any other reason.
D.
Each vehicle used by the contractor for removal or transportation
of solid waste shall carry at least one shovel and one broom and other
equipment which may be necessary in keeping the vehicle clean and
cleaning up the area at which such substance is collected. The contractor
shall carefully clean the area from which garbage and rubbish is collected,
and no garbage, rubbish or receptacle shall be left by the contractor
on the sidewalk or the curblines or in the area or space from the
place of collection to the vehicle. If any garbage or rubbish shall
fall from the vehicle, either during collection or transportation,
such article shall be immediately gathered and replaced in the vehicle
and the place rendered clean.
A.
The contractor shall report to the Administrator, in writing, within
24 hours, all cases in which it is impossible, because of freezing
or otherwise, to collect and remove solid waste.
B.
No solid waste shall be piled higher than the regular height of the
sideboards of the vehicle.
C.
Garbage can covers removed at the time of collection shall immediately
be replaced by the collectors after collection.
D.
Neither the contractor nor any of his agents or employees shall pick
or sort garbage or rubbish, and the contents of containers of garbage
and rubbish shall be immediately transferred, at the time of collection,
from the curb or from the premises without any necessary play or exposure
and without spilling.
E.
The contractor shall see to it that his employees, agents and collectors
shall deport themselves in a quiet, decent and law abiding manner
and apply themselves diligently to the performance of the necessary
work and shall refrain from neglect or insolence or any improper conduct,
and the contractor shall discharge any employee failing in any of
these requirements.
F.
The contractor shall provide, on each collection vehicle, at least
one employee or attendant who is able to read, write, speak and comprehend
the English language intelligently.
G.
It shall be part of the duty of the contractor in the collection
of garbage and rubbish to collect and remove from the streets and
highways of the Borough and from sidewalks along the same all dead
dogs, cats or rats or other small animals which may be found thereon.
H.
The contractor shall not sprinkle or place any disinfectant or poisonous
chemical upon any garbage or waste matter within the limits of the
Borough of Lincoln Park in the County of Morris.
All equipment used by the contractor and any dump used by him
shall be subject to inspection by the Administrator or his designee
at any reasonable time.
A.
Solid waste shall be collected promptly and punctually at such times
as may be specified in the contract or agreement between the Borough
and the contractor, and removal shall be made not earlier than 6:00
a.m. of each day and not later than 6:00 p.m. each day in the residential
districts and not earlier than 5:00 a.m. of each day and not later
than 6:00 p.m. of each day in the business districts.
B.
Neither the contractor nor any of his employees or agents shall engage
in any loud or unnecessary noises in the removal of garbage or rubbish,
and all such collection and removal shall be done quietly.
C.
The contractor shall notify occupants of the dates set for the collection
of solid waste and shall also notify such occupants when any change
in such dates has been duly authorized by the Administrator.
D.
There shall be no collection of solid waste on the following holidays:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas Day. In the event that a scheduled collection day
falls on one of the foregoing holidays, such collection will occur
on the next regularly scheduled collection day for the area.[1]
A.
The days and hours of operation of the Borough-maintained bulk dumpster
facility shall be determined from time to time by the Borough, and
notice thereof shall be published in newspapers widely circulated
in the Borough and posted in a prominent place at the bulk dumpster
facility and the Municipal Building.
B.
The following items shall not be deposited in the bulk dumpster:
C.
The Department of Public Works shall be responsible for the operation
and maintenance of the bulk dumpster facility.
The contractor, in collection, disposal and removal of solid
wastes, shall comply with all provisions of this article and shall
comply with the provisions of any other ordinance or regulation adopted
by the governing body of the Borough of Lincoln Park or with any state
or federal law or regulation which may pertain to the subject matter.
Arrangements may be made between the contractor and any occupant
for the removal of garbage or rubbish from the cellar or any other
place on the premises of the occupant, but the Borough, in any event,
shall not be responsible for the performance of such undertakings
nor for any payment with respect thereto.
The Mayor and governing body may designate one or two days in
each year as "cleanup day," during which day the contractor shall
remove from the curb of any and all premises in the Borough all rubbish
or other materials placed there for collection. The contractor shall
not ask nor will he receive any extra compensation from the Borough
or from the occupant for the collection of such rubbish and material
presented for collection on cleanup day.
No contract for the removal of garbage and rubbish made between
the Borough and the contractor shall be assignable or interchangeable
to or with any other contractor, except with the written consent of
the Mayor and governing body of the Borough of Lincoln Park in the
County of Morris. Transferal of the contract without such consent
shall, at the option of the governing body, render the contract null
and empower the Mayor and governing body, at their option, to award
the work to some other person, and the contractor shall be answerable
for any loss or damage suffered.
A.
The contractor shall provide a suitable place or places outside the
limits of the Borough of Lincoln Park in the County of Morris for
the disposing of garbage or rubbish. No garbage or rubbish shall be
removed to any place within the limits of the Borough of Lincoln Park
in the County of Morris or disposed of at such place unless, prior
thereto, the contractor has received permission from the Mayor and
governing body, and no place, either within or outside the limits
of the Borough of Lincoln Park, shall be used for the removal or disposal
of garbage or rubbish under contract with the Borough unless and until
such place and location have been approved by the governing body.
B.
If permission is granted to deposit garbage or rubbish within the
limits of the Borough of Lincoln Park, the contractor shall not burn
any rubbish thereon, except upon the written consent of the governing
body and the Department of Environmental Protection and with permission
and under the supervision of the Chief of the Fire Department of the
Borough.
C.
Any flammable refuse dumped within the limits of the Borough of Lincoln
Park under permission obtained in accordance with the provisions herein
shall, under the permission and supervision of the Chief of the Fire
Department, be burned and covered daily with earth or ashes containing
no flammable amount of unburned material. Any dump or place for the
depositing of garbage or material for which permission has been granted
within the Borough of Lincoln Park shall be fenced or otherwise protected
to prevent the scattering of paper and refuse.
No person shall give any instructions or directions or commands
the result of which or compliance with which would involve a violation
of any of the provisions of this article. Any person giving or any
person complying with such instructions shall be deemed guilty of
violating this article.
A.
This article shall apply to the collection, removal and disposal
of earth, stone, plaster, wood and other material accumulated from
excavating or from constructing, building, demolishing and repairing
any building.
B.
This article shall further apply to the collection, removal and disposal
of all garbage, refuse and debris generated by any commercial, industrial
or nonprofit organization that does not qualify for collection of
garbage and refuse by the Borough of Lincoln Park under the terms
and conditions of this article. It shall be the responsibility of
the owner, occupant or resident of such premises to obtain a licensed
contractor with the necessary equipment, experience and expertise
to fulfill the terms and conditions of this contract.
It shall be unlawful for any person, his agents or employees
to pick, sort or salvage any garbage or refuse placed out for collection.
Whenever daylight saving time is adopted and effective in the
Borough of Lincoln Park, then any time or hours mentioned in this
article shall be deemed to refer to daylight saving time.
[Amended 9-18-2000 by Ord. No. 1,249, effective 10-8-2000]
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the fines and penalties set forth in § 1-2 of this Code (general penalty), in the discretion of the judge imposing the same.
