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.
ALUMINUM CONTAINERS Containers and packaging, such as beverage cans or food and other nonfood cans, which can be processed into new aluminum products.
APPROVED COMMERCIAL OCCUPANT 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.
APPROVED COMMERCIAL PROPERTY 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.
ASHES The residue from the combustion of any type of solid fuel, such as wood, coal, charcoal, paper and/or similar substances.
AUTOMATED WASTE COLLECTION 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.
BULK LEAVES Any quantity of leaves in excess of the capacity of the yard waste cart.
BULKY WASTE 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.
CART 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.
CONTAINER or RECEPTACLE 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.
CURBSIDE 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.
DEMOLITION AND CONSTRUCTION DEBRIS 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.
DROPOFF FACILITY 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.
ELECTRONICS WASTE Also known as "e-waste," consists of desktop and personal computers, computer monitors, portable computers and televisions.
GARBAGE 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.
HOUSEHOLD HAZARDOUS WASTE 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.
OCCUPANT 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.
PLASTIC CONTAINERS Any formed or molded and hermetically sealed or made airtight with metal or plastic cap, rigid containers.
RECYCLABLE MATERIALS 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.
RECYCLABLES CART 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.
REFUSE The waste items and/or materials designated herein as solid waste, recyclable materials, yard waste, bulky waste, electronics waste and household hazardous waste.
SINGLE STREAM RECYCLING 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.
SOLID WASTE All ash, garbage, trash, rubbish and general waste materials which are normally collected by the Township or its authorized agents.
SOLID WASTE CART 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.
SUITABLE RECEPTACLE 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.
TRASH AND RUBBISH 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.
YARD 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.
YARD WASTE CART 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.
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]
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.