[Adopted 6-16-2015 by Ord. No. 2015-05]
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein:
An uncontaminated non-water-soluble, nondecomposable, inert
solid, such as rock, soil, gravel concrete, glass and/or clay or ceramic
products.
Waste building materials and refuse resulting from construction,
remodeling and repair operations on houses, commercial buildings,
pavements and other structures but not including designated recyclable
materials.
Waste generated from the razing of buildings, factories and
other man-made structures, including streets, roads and fences but
not including designated recyclable materials.
This term shall have the same meaning as provided in § 248-14.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food but not including
designated recyclable materials.
Any regulated substance, toxic substance, hazardous substance,
hazardous waste, pollution, pollutant or contaminant, as defined or
referred to in the New Jersey Environmental Rights Act, N.J.S.A. 2A:35A-1
et seq.; the New Jersey Spill Compensation and Control Act, N.J.S.A.
58:10-23.11 et seq. ("Spill Act"); the New Jersey Air Pollution Control
Act, N.J.S.A. 26:2C-1 et seq.; the Hazardous Substances Discharge
Reports and Notices Act, N.J.S.A. 13:1K-15 et seq.; the Industrial
Site Recovery Act, N.J.S.A. 13:1K-6 et seq ("ISRA"); New Jersey Underground
Storage of Hazardous Substances Act, N.J.S.A. 58:10A-21 et seq., (the
"UGST Act"); the Resource Conservation and Recovery Act, as amended,
42 U.S.C. § 6901 et seq.; the Comprehensive Environmental
Response, Compensation, and Liability Act, as amended, 42 U.S.C. § 9601
et seq. ("CERCLA"); and the Water Pollution and Control Act, 33 U.S.C.
§ 1251 et seq., together with any amendments thereto, regulations
promulgated thereunder and all substitutions thereof, as well as words
of similar purport or meaning referred to in any other federal, state,
county or municipal environmental statute, ordinance, code, rule or
regulation, including without limitation, radon, asbestos, polychlorinated
biphenyls, urea formaldehyde and petroleum products and petroleum
based derivatives. Where a statute, ordinance, code, rule or regulation
defines any of these terms more broadly than another, the broader
definition shall control.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure designated
or used, either wholly or in part, for private residential purposes,
whether inhabited or continuously uninhabited or vacant, and shall
include any yard, ground, walk, driveway, porch, steps or vestibule
belonging or pertinent to such dwelling, house, building or other
structure.
Any or all streets, sidewalks, boulevards, alleys or other
public ways in any and all public parks, squares, spaces, grounds
and buildings.
All putrescible and nonputrescible solid waste (except bodily
waste), including garbage, ashes, street cleanings, nonrecyclable
household waste and similar materials normally deposited for municipal
garbage collection but not including designated recyclable materials.
Nonputrescible solid waste (commonly known as "heavy trash")
consisting of both combustible and noncombustible wastes, such as
appliances, furniture, wood, shingles, glass, bedding and similar
materials normally deposited for municipal heavy trash collection
but not including designated recyclable materials.
Construction waste, demolition waste, garbage, refuse or rubbish but not yard waste (as defined in § 248-14), hazardous waste or designated recyclable materials.
A watertight, not easily corrodible, rodent- and fly-proof
container with a suitable bail or handles and tight-fitting cover,
in which shall be placed all garbage which has been drained of all
excess liquids and the solids wrapped in paper or other material so
as to prevent the escape of liquids therefrom. The container shall
have a capacity of 36 gallons or less and shall weigh no more than
50 pounds. Suitable Refuse containers include garbage cans, trash
cans, recycling bins, crates, boxes, or other type of container used
to hold or contain garbage.
A.
Every owner or occupant shall provide and maintain a suitable refuse
container.
B.
Every owner or occupant shall place all garbage and refuse in a suitable
refuse container and place that container at curbside for collection,
in a place easily accessible to the Department of Public Works and
where it will not be a public nuisance or in any degree offensive.
C.
It shall be the duty of the owner or owners and occupant or occupants
of every such premises to remove all containers from curbside to the
rear of every such premises by 10:00 p.m. of the day of collection
of the material by the Department of Public Works.
A.
Except as otherwise provided, Solid Waste within the Borough of East
Rutherford shall be removed, as hereinafter provided, at the general
expense of the Borough.
B.
Notwithstanding anything to the contrary, no material of any type
generated by private contractors arising from construction operations
or from the altering, changing, replacing, remodeling or tearing down
of buildings, structures or machinery of any kind shall be collected
or removed by the Borough.
C.
No hazardous waste shall be collected or removed by the Borough.
A.
The Borough shall from time to time establish a solid waste collection
schedule which may provide for collection of separate dates for garbage
and permitted rubbish and permitted construction waste.
B.
Garbage and refuse shall be placed in suitable refuse containers and left at curbside after 6:00 p.m. on the day preceding the collection of garbage and refuse; but no later than 7:00 a.m. on the day of collection. No individual container shall weigh in excess of 50 pounds. No garbage or refuse shall be left at curbside, whether or not in suitable refuse containers, at any time other than as provided in this Subsection B.
C.
Rubbish (heavy trash) and permitted construction waste generated
solely by the owner or owners or occupant or occupants of a premises
shall be placed at curbside for collection only on the date provided
in the collection schedule and only in accordance with the following
requirements and restrictions.
(1)
Any material placed in containers, boxes or cartons shall not exceed
50 pounds, except bulky fabricated materials such as furniture, bedding
and appliances.
(2)
Any loose vegetative material, such as brush, tree branches or other
items, shall be cut in lengths not exceeding four feet and securely
bundled or tied. No bundle shall exceed 50 pounds.
(3)
All nails, screws and other sharp objects which could result in injury
shall be removed or flattened.
(4)
Nonrecyclable broken glass shall be placed in rigid containers or
boxes.
(5)
No residential premises shall be permitted to place for collection on any single collection date more than eight containers, boxes, cartons, bulky fabricated materials or bundles, including any containers, boxes, cartons, bulky fabricated materials or bundles permitted pursuant to Subsection C(6) herein.
(6)
No residential premises shall be permitted to place for collection
on any single collection date more than two containers, boxes, cartons,
bulky fabricated materials or bundles of construction waste generated
solely by the owner or owners or occupant or occupants.
(7)
Rubbish and permitted construction waste shall be left at curbside
after 6:00 p.m. on the day preceding collection.
(8)
No appliances or other rubbish containing refrigerants, including
but not limited to chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons
(HCFCs), as defined in Section 608 of the Clean Air Act and 40 CFR
82, shall be placed at curbside for collection by the Department of
Public Works unless the refrigerant material has been properly removed
by a qualified person and the resident properly documents said removal.
(9)
No hazardous waste shall be placed at curbside for collection by
the Department of Public Works.
D.
No hazardous waste, clean fill, demolition waste or automotive parts
accumulating on any residential or business premises shall be removed
by the Borough of Rutherford, and it shall be the duty of the owner
or owners or occupant or occupants to effect the removal of such material
so as not to be in violation of this chapter or any other applicable
chapter of the Borough Code.
The Superintendent of Public Works or his duly authorized designees,
the ordinance enforcers of the Borough and the East Rutherford Police
Department are hereby designated and authorized as the enforcement
officers of this chapter.
Garbage, refuse, rubbish and permitted construction waste shall
be collected under the supervision of the Department of Public Works,
subject to the direction of the Mayor and Council, and no such material
shall be collected unless full compliance has been made with the provisions
of this chapter.
A.
To preserve the order and appearance of the Borough, any solid waste,
yard waste, hazardous waste, designated recyclable materials, refuse
containers or other items left at curbside in violation of this article
are hereby declared to be a nuisance and shall be subject to removal
by the Department of Public Works as provided in this section.
B.
Where it shall be necessary and expedient for the preservation of
the public health, safety or general welfare or to eliminate a nuisance
as described in § 248-46A, the Department of Public Works
may serve upon said owner or occupant, personally, by certified mail,
return receipt requested, at his last known address or by posting
on the front door of the premises from which the offending material
emanated from, a notice directing said owner or occupant to remove
the offending material with one day of the service of said notice,
or that the municipality shall remove the same by the Borough if the
owner or occupant shall refuse or neglect to remove the same in the
manner and within the time provided; and further notifying said owner
or occupant that the cost of removal of the same shall become a lien
upon such lands and shall be added to and become and form a part of
the taxes to be assessed and levied upon such lands, the same to bear
interest at the same rate as taxes and to be collectible and enforced
by the same officer and in the same manner as taxes.
A.
Except as provided in Subsection B, any owner or owners or occupant or occupants of every such premises or association of persons or corporations violating any of the provisions of this article shall be subject to penalties on the following schedule:
C.
The performance on each day of any prohibited act or practice or
the failure to perform on each day any required act or practice shall
constitute a separate offense and shall be punishable as such.
