For purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein.
Words used in the present tense include the future tense, plural includes
the singular, and any one gender includes all others, except where
the context clearly indicates otherwise.
Containers and packaging, such as beverage cans or food and
other nonfood cans, which can be processed into new aluminum products.
Any one commercial occupant of an approved commercial property
that has been approved by the Township for automated collection by
the Township of only recyclable materials.
A commercial property, or any part thereof, which has been
approved by the Township for automated collection by the Township
of only recyclable materials. An approved commercial property may
have one or more approved commercial occupants.
The residue from the combustion of any type of solid fuel,
such as wood, coal, charcoal, paper and/or similar substances.
The method of collecting solid waste, recyclable materials
and yard waste, using the specified carts for each, through the use
of mechanical collection equipment and special containers, known as
"carts," to accommodate the collection.
Any quantity of leaves in excess of the capacity of the yard
waste cart.
Those items which are large enough to warrant special collection
or dropoff to a dropoff facility instead of regular residential, automated
curbside collection, such as appliances, furniture, mattresses, carpet
and padding, untreated heavy wood items, untreated fencing materials,
iron steel, large vehicle parts, tires, broken concrete or bricks.
The specially designed waste container, with a gray body
and wheels and a specially colored lid to represent the contents of
the receptacle, which is to be utilized for automated collection of
solid waste (pink lid), recyclable materials (yellow lid) and yard
waste (green lid), to be issued by the Township in either 64/65 gallon
or 95/96 gallon capacities, which shall be the only carts which are
accepted for the automated collection of the designated materials.
A waste container, also known as a "receptacle," which is
to be used for placement or containerization of such materials that
are to be collected by the Township, but are not permitted to be disposed
of in the Township-issued carts.
The area of a property which is between the curb and the
sidewalk of the street. In the absence of curb or sidewalk, "curbside"
shall mean the area which is closest to the edge of the pavement of
the street without endangering traffic safety or obstructing pedestrian
traffic.
Any materials or waste materials, such as lumber, brick,
masonry, drywall, plaster, plumbing fixtures, piping and tubing, gutters,
roofing shingles, fencing of any kind, yard debris and/or such other
substances, materials and/or items accumulated and/or produced as
a result of a construction project undertaken for the purpose of remodeling,
rehabilitating, repairing and/or constructing an addition to existing
buildings, construction of new buildings or demolition of existing
structures and improvements by a property owner or a contractor for
the property owner.
Any one or more facility or facilities designated by the
Township which is available to Township residents for the dropoff
of designated items for disposal or for further processing by the
Township in accordance with and/or as may be permitted by the New
Jersey Department of Environmental Protection.
Also known as "e-waste," consists of desktop and personal
computers, computer monitors, portable computers and televisions.
Any waste material in the process of or subject to decomposition
or decay incident to an ordinary domestic or business use or purpose,
including but not limited to kitchen refuse, animal or vegetable matter,
offal and decaying and decomposing substances.
Hazardous household products that are used and disposed of
by residential consumers, including some paints, stains, varnishes,
solvents and pesticides and other materials and products which contain
volatile chemicals that catch fire, react, explode under certain circumstances
or that are corrosive or toxic.
The property owner of a residential or approved commercial
property and/or any agent, tenant, lessee, caretaker, resident, occupant
and/or daily user thereof, including but not limited to all such person
or persons who is/are in charge of such residential or approved commercial
property affected by this chapter, whichever classification may be
appropriate and effective for the enforcement hereof.
Any formed or molded and hermetically sealed or made airtight
with metal or plastic cap, rigid containers.
Those designated materials which are being accepted by the
designated recycling facility for the Township and would otherwise
become solid waste and which may be collected, separated or processed
and returned to the economic mainstream in the form of raw materials
or products, including corrugated cardboard, mixed office paper, newspaper,
other paper, magazines, junk mail, glass containers, aluminum containers,
steel containers and/or other glass, together with plastic containers
containing the recycling logo and the recycling code numbers 1, 2,
4, 5 and 7.
A 64/65 or 95/96 gallon Township-issued grey cart with wheels
and a yellow lid issued to the occupant of a residential property
or an approved commercial property as provided for herein, which is
designed and intended to accommodate automated and semiautomated collection
operations of those types of recyclable materials which have been
designated herein for collection using such carts.
The waste items and/or materials designated herein as solid
waste, recyclable materials, yard waste, bulky waste, electronics
waste and household hazardous waste.
A system in which all paper fibers, plastics, metals and
other designated recyclable materials are mixed together in a recycling
collection vehicle instead of being sorted by the resident or approved
commercial property/occupant into separate commodities. Also known
as "fully commingled" or "single-sort" recycling.
All ash, garbage, trash, rubbish and general waste materials
which are normally collected by the Township or its authorized agents.
A 64/65 gallon or 95/96 gallon cart with wheels and a pink
lid issued to the occupant of a residential property which is designed
and intended to accommodate automated and semiautomated collection
operations of those types of solid waste materials which have been
designated herein for collection using such carts.
A receptacle with a closely fitted cover or lid constructed
so as to prevent spillage or leakage of the contents, containing adequate
handles to support lifting without breaking when the receptacle is
full, and which is kept or maintained in clean condition.
The Township of Berlin.
Solid waste generally incidental to the use and occupancy
of a residence and which is permitted to be disposed of and/or collected
in the solid waste container as set forth herein. "Trash and rubbish"
does not include other types of waste separately defined herein, including
recyclable materials, yard waste, electronics waste and/or household
hazardous waste.
Small branches of trees, hedge, bush and vine trimmings,
garden waste, stalks of vegetables and plants, grasses, leaves, weeds
and similar substances and/or materials found in residential yards
which are free of dirt, rocks and other bulky and noncombustible materials.
"Yard waste" does not include bulk leaves, tree roots, tree stumps,
tree trunks or portions thereof and/or tree branches over four inches
in diameter or over 40 inches in length.
A 64/65 gallon or 95/96 gallon cart with wheels and a green
lid issued to the occupant of a residential property which is designed
and intended to accommodate automated and semiautomated collection
operations of those types of yard waste materials which have been
designated herein for collection using such carts.
Every occupant of any residential property and/or approved commercial
property situated within the Township of Berlin shall comply with
the requirements of this chapter regarding the collection of refuse,
including, without limitation, the use of required carts and the automated
waste collection procedures, compliance with established refuse collection
schedules and compliance with any and all regulations for the disposal
of refuse as set forth herein. All persons allowing or permitting
the continuation of any violation of this chapter shall be subject
to punishment pursuant to the provisions hereof.
Every occupant shall own and be responsible for all refuse placed
curbside for collection until such refuse is collected by the Township,
and shall own and be responsible for any items required to be taken
to a dropoff facility until acceptance by the Township of same at
a Township-designated dropoff facility.
A.
It shall be unlawful for any person to:
(1)
Place or store any refuse in any paper bag, wooden keg or barrel,
basket, drum or any type of container whatsoever other than the Township-issued
carts and/or such permitted receptacles as specified herein.
(2)
Use any Township-issued cart for storage and/or placement for collection
of any type of refuse other than the type designated for that cart.
(3)
Alter any Township-issued cart and/or switch or change the colored
lids of any Township-issued carts for any reason.
(4)
Collect, pick up, rake up or in any way disturb or remove any items
which have been identified in this chapter as refuse and placed by
any other person along any curb, street or public place for collection
by the Township.
(5)
Directly or indirectly solicit contributions or gratuities, at any
time, for the collection of any refuse.
(6)
Violate any term, condition or requirement of this chapter.
B.
It shall be a violation of this chapter for any person to place the
following materials for collection by the Township:
(1)
Demolition and construction debris;
(2)
Bulk leaves (except as otherwise provided in this chapter), tree
roots, tree stumps, and/or tree parts or tree branches over four inches
in diameter or over 40 inches in length;
(3)
Hot ashes, dirt, earth, stone, bulk asphalt pavement, broken concrete
and concrete blocks;
(4)
Motor vehicles, recreational vehicles of any kind and/or bulk parts
thereof, including but not limited to engines, transmissions, rear
ends, mufflers, rims, wheels and any other bulky items which are normally
produced, in quantity, by vehicle repair operations;
(5)
Dead animals and farm animal waste;
(6)
Medical waste, excluding properly contained syringes and needles
which are medically necessary for the proper medical treatment of
the occupant of a residential property; or
(7)
Hazardous waste as classified pursuant to New Jersey Department of
Environmental Protection regulations, provided that residential occupants
may drop off household hazardous waste as defined herein to any dropoff
facility designated by the Township for collection of same in accordance
with scheduled dates and times therefor which shall be posted by the
Township.
C.
It shall be unlawful for any municipal employee to collect, pick
up, rake up or in any way remove any refuse placed by any person along
any curb, street or public place for collection by the Township for
any unauthorized reason, including personal use and/or personal gain.
D.
All solid waste shall be placed entirely within the solid waste cart,
and no solid waste shall be placed in the street. If any solid waste
is placed within the street and is not placed inside the solid waste
cart, the responsible party shall remove the solid waste from the
street or be deemed in violation of this chapter.
E.
All recyclable materials shall be placed entirely within the recyclables
cart, and no recyclable materials shall be placed in the street. If
any recyclable material is placed within the street and is not placed
inside the recyclables cart, the responsible party shall remove the
recyclable materials from the street or be deemed in violation of
this chapter.
F.
All yard waste shall be placed entirely within the yard waste cart,
and no yard waste shall be placed in the street. If any yard waste
is placed within the street and is not placed inside the yard waste
cart, the responsible party shall remove the yard waste from the street
or be deemed in violation of this chapter.
G.
All permitted bulky waste shall be placed curbside, and no bulky
waste shall be placed in the street. If any bulky waste is placed
within the street and is not placed curbside, the responsible party
shall remove the bulky waste from the street or be deemed in violation
of this chapter.
Any and all property owners and occupants of any property which
place any material for collection not in accordance with this chapter
shall hold harmless and indemnify the Township of Berlin for any and
all damages, costs and/or losses incurred by the Township, its employees
and/or agents, whether directly or indirectly attributable to said
action, as determined in the sole discretion of the Township, for
materials which were placed for collection in violation of the terms
of this chapter.
[Added 2-26-2018 by Ord.
No. 2018-2[1]]
A.
The schedule for collection of solid waste, recyclable materials,
yard waste, bulk leaves, bulky waste items, and all other pertinent
forms of waste shall be established annually by resolution of the
governing body. Copies of any schedule(s) adopted hereunder shall
be posted by the Public Works Department in the time, location and
manner prescribed in each such resolution.
B.
Notwithstanding the above, the approved and posted collection schedule may be revised and/or altered on a case-by-case basis as may be necessary to protect the health, safety and welfare of the residents in the event of any emergency, major weather occurrence or other such unpredictable and/or unforeseen event that may occur. Any such changes shall be immediately posted by the Public Works Department in the place(s) designated by the governing body for posting of the annual collection schedule pursuant to Subsection A above. Any changes in the collection schedule under this section may occur without the need for governing body approval by resolution in advance thereof.
