Borough of Bound Brook, NJ
Somerset County
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Table of Contents
Table of Contents
[1967 Code § 14-2.1]
As used in this chapter:
ALUMINUM
All products made of aluminum including aluminum cans.
BULK ITEMS
Any large, heavy and/or bulky household appliances, furniture or furnishings which cannot easily and safely be placed in the common collection vehicle used for the removal of garbage within the Borough of Bound Brook.
CARDBOARD
Heavy paper of the type commonly referred to as corrugated cardboard and used chiefly in the construction of boxes.
DEBRIS
Stones, dirt, demolition material, broken concrete and other similar material.
EXCLUDED USER
The property owner, tenant or occupant of any place other than an included user as hereinafter defined and shall include but not be limited to any type of industrial user, any business establishment, any professional establishment, and any apartment dwelling, hotel, dwelling house, condominium or other building having more than four dwelling units.
GARBAGE
Any animal or vegetable waste solids resulting from the handling, preparation, cooking or consumption of foods, as well as any rubbish or refuse which is not recyclable, does not constitute hazardous waste and is not a bulk item.
GLASS
All products made from silica or sand, soda ash and limestone, the product being transparent and translucent and being used for packaging or bottling of various materials (excluding blue and flat glass, commonly known as window glass).
HAZARDOUS WASTE
All waste which is deemed to be chemical waste, hazardous waste or infectious waste, as defined by N.J.S.A. 13:1E-51K and which shall include but not be limited to wastes which are flammable, corrosive or explosive or which, by themselves or in combination with other waste, would be hazardous to life or property.
INCLUDED USER
The property owner, tenant or occupant of a residence as hereinafter defined under residential user as well as all public schools, churches, private schools and the Post Office.
NEWSPRINT
Paper of the type commonly referred to as newspaper and distributed at stated intervals (usually daily or weekly) having printed thereon news, opinions, advertisements and other matters of public interest, as well as magazines and periodicals.
OFFICE PAPER
High grade office paper including, but not limited to letterhead paper, photocopy paper, and other paper products used in work-related office projects which have been printed, typed, word processed or computer generated. Expressly excluded are all paper products which have been soiled.
POST-CONSUMER PLASTIC BOTTLES
Any plastic bottle generated by a residential, commercial, industrial and institutional consumer which has served its intended end use.
RESIDENTIAL USER
The property owner, tenant or occupant of a dwelling unit, inclusive of a house or multi-family dwelling of four or less units, all of which are used for residential purposes.
SOLID WASTE COLLECTION CONTRACTOR
A person or firm for hire, properly licensed in the State of New Jersey for the purpose of collection of solid waste and solid waste materials, specifically excluding recyclable materials.
[1967 Code § 14-2.1; Ord. No. 02-13; Ord. No. 2007-24; Ord. No. 2008-03; Ord. No. 10-21; Ord. No. 11-14; Ord. No. 2017-05]
a. 
Each single-family, two-family, three-family and four-family residence as well as every church, every private school, and the Post Office shall pay an annual charge of $200 per dwelling unit for the disposal of their garbage through the Borough of Bound Brook. This charge shall entitle each such residential dwelling unit, church, private school and the Post Office to the collection of two bags/containers per week during the months of January, February, March, April, May, June, September, October, and November, and the collection of three bags/containers per week during the months of July, August, and December. All garbage in excess these numbers of bags/containers per week placed curbside for removal must be identified with a solid waste disposal sticker. If the garbage is placed in bags, a sticker must be affixed. If placed in containers, the top item must have a sticker affixed to it so that it is plainly visible.
b. 
The Borough of Bound Brook shall bill the record owner of each residence, church, private school and the Post Office for garbage pick-up on a quarterly basis. Such charges shall constitute a lien on the property in question and, if not paid, shall be collected in the same manner as collection for delinquent taxes as provided for by law. The Tax Search Officer shall be directed to place a notation on any search for municipal liens conducted on the property in question that arrearages exist which must be paid before the property in question can be sold or otherwise transferred free and clear of said garbage charge.
c. 
(Reserved)
d. 
Each sticker for use on garbage beyond the weekly number of permitted bags/containers shall cost $3.50.
e. 
Stickers for garbage may be purchased at the office of the Tax Collector during normal business hours.
f. 
(Reserved)
g. 
Every church, every private school, the Post Office shall have the opportunity to provide for the lawful collection and disposal of its garbage, hazardous waste, bulk items and any other form of solid waste as an "excluded user" by notifying the Borough Clerk of its intention to do so 30 days prior to the commencement of any quarterly period. Once any such establishment shall elect to be treated as an "excluded user," that establishment shall remain an "excluded user" and shall not be permitted to become an "included user" thereafter.
[1967 Code § 14-2.3]
a. 
Every excluded user shall be responsible for the lawful collection and disposal of its garbage, hazardous waste, bulk items and any other form of solid waste through the services of a solid waste collection contractor.
b. 
Every excluded user shall supply to the Borough Clerk proof of having obtained the services of a solid waste collection contractor for the collection and disposal of its own garbage and all other forms of refuse as set forth in paragraph a.
c. 
Proof of Service shall mean a written record, log, bill or document evidencing receipt of service for the collection and disposal of garbage and all other forms of refuse as set forth in paragraph a for the previous six months from a solid waste collection contractor. Sufficient proof shall contain: the user's name, the owner's name if the user is a tenant, the address, total cost per unit or period number and period of service.
d. 
Records, logs, ledgers, documents and memorialized owner records in any form will not be deemed sufficient proof.
e. 
Nothing in this section shall supersede the provisions of N.J.S.A. 13:1E-1 et seq.
[1967 Code § 14-2.4; Ord. No. 03-2 §§ 1, 2; Ord. No. 07-03; Ord. No. 2007-24; Ord. No. 2008-03]
Except as otherwise noted, all included and excluded users shall be subject to the following rules and regulations set forth within this section.
a. 
Condition of containers. Containers for garbage shall be provided by the owner, tenant, lessee or occupant of the premises and shall be maintained in a clean, safe and good condition. Any container that does not conform to the provision of this section or that may have ragged or sharp edges or any defect liable to hamper or injure the person collecting the contents thereof shall not be utilized. The collector shall have authority to refuse collection services for failure to comply herewith.
b. 
Container specifications.
1. 
The containers shall be galvanized or plastic composition, shall not exceed 50 gallons in capacity, shall be no heavier than 25 pounds when filled, shall have a lid or cover and shall have two sturdy handles.
2. 
Plastic bags not less than two mils thick nor larger than 40 gallons may be used if properly tied, and shall be no heavier than 25 pounds.
c. 
Food products. All food products and residue shall be thoroughly and completely drained of all liquids, wrapped securely in paper and placed in a receptacle as hereinafter set forth.
d. 
Broken glass. All non-recyclable broken glass or any other dangerous materials shall be placed in a secure container to facilitate safe loading of broken glass or other dangerous material.
e. 
Leave's, brush, grass. Leaves, brush and grass will not be collected as part of the regular garbage pickup. These items shall be collected as part of the special collection programs to be established by the Borough from time-to-time. The Borough will provide homeowners with notice at least seven days prior to such collection by publication in the newspaper in general circulation in the municipality. Homeowners shall place such items curbside no earlier than 24 hours prior to the collection time.
f. 
Hazardous waste. No persons shall place on the curb or anywhere else for purposes of collection any explosive or highly flammable materials or hazardous waste, inclusive of, but not limited to, benzine, gasoline, petroleum, explosive powder, or nitrocellulose film. No person shall place in any receptacle, any garbage, refuse or other material which could be injurious to the collectors of the municipality.
g. 
Bulk items.
1. 
Included users shall be permitted to dispose of bulk items, but shall be assessed a separate charge for the pickup of these items in accordance with the rate schedule set forth below in paragraph 3. The Borough, through its Public Works Department, reserves the right to refuse excessively bulky or heavy items and will not dispose of items such as motor engine blocks, automobiles, bodies or portions thereof, truck bodies or parts, and other such items not ordinarily collected in the ordinary course.
2. 
No refrigerators shall be placed for collection or disposal unless and until the door of the refrigerator and/or freezer has been completely removed from the hinges and the lock has been rendered inoperable. There must also be a certificate from a vendor licensed to remove Freon attached to the refrigerator or any other appliance containing Freon.
3. 
Bulk item schedule. All bulk items placed curbside for removal must be identified with solid waste disposal stickers. Sticker must be affixed at the rate of $3.50 per 25 pounds of such bulk item or items. Sticker shall be affixed to each item so that it is plainly visible.
h. 
Placement of container. Each container of garbage shall be placed on level ground or surface by the property owner, tenant or other person placing garbage for collection, or from whose property such property is proposed to be collected, so that it does not easily upset.
i. 
Responsibility to clean spills. If any container of garbage is upset or overturned other than by the Borough employees engaged in garbage or refuse collection, the property owner, tenant or other person placing the garbage for municipal collection shall promptly clean up such spill of garbage and restore it to a suitable container as defined hereinbefore.
j. 
Placement in street prohibited. No person shall place any of the items referred to in this section for collection in any street or highway, either for collection by the municipality or by private disposal.
k. 
Notice of noncompliance. If any Borough employee in the course of their duties observes noncompliance with any of the regulations of this section, they shall immediately notify the tenant or land owner of non-compliance personally or by written statement left on the premises. Each such instance of noncollection shall be reported to the Borough Administrator by the person in charge of the particular truck not making the collection.
l. 
Depositing trash on sidewalks, public places or streets prohibited. No trash or garbage shall be deposited upon any sidewalk, public street or any other public place.
m. 
Use of containers by excluded users. Receptacles by excluded users utilizing a private Solid Waste Collection Contractor must meet the minimum requirements as set forth herein. However, the receptacles can be larger in size, so long as they are covered to prevent any refuse from being scattered about by wind or other elements, are rodent proof and waterproof, are cleaned and sanitized as required and are conveniently located on the premises for storage of refuse and are maintained in such a manner as to prevent creation of a nuisance or menace to the public health. Excluded users shall arrange to have refuse removed daily unless suitable facilities are provided for the storage of solid waste until its removal.
n. 
Placement not to cause nuisance. Any solid waste placed at the curb shall be placed in such a manner as not to create a public nuisance and safety hazard.
o. 
No collection where dogs are loose. The Borough shall not be required to make garbage or trash collection from the premises of any included user whereon a dog is permitted to run loose.
p. 
Interference with Borough employees. No person or persons shall prevent or interfere with any agent, servant or employee of the Borough in the sweeping or cleaning of any street or removal therefrom of sweepings, ashes, garbage, rubbish or paper or refuse materials, or in the collection of garbage, trash, waste, ashes, rubbish or similar material.
[1967 Code § 14-2.5]
a. 
Collection from included users shall be in accordance with a schedule announced by the Borough, which may be from time to time amended upon proper notice and publication.
b. 
For collection pursuant to a schedule announced by the Borough all approved containers must be placed at the curbline where easily accessible. No containers shall be set out prior to 5:00 p.m. on the day prior to collection, and all containers shall be removed by 8:00 p.m. on the collection day. When a regular collection day falls on a legal holiday, containers shall be set out for pick-up on the next scheduled collection day.
[1967 Code § 14-2.6; Ord. No. 03-2 § 3]
a. 
Collection shall be done in a quiet and orderly manner between the hours of 5:00 a.m. and 7:00 p.m. and in compliance with all applicable statutes and noise ordinances within the Borough.
b. 
All solid waste collection contractors shall comply with the ordinances of the Borough and rules and regulations and orders of the Borough Administrator as well as all applicable State, County and Federal laws and regulations.
c. 
All vehicles of solid waste collection contractors shall be of a closed type and of such construction and loaded in such a fashion that no part of the contents shall fall, leak or spill therefrom.
[1967 Code § 14-2.7]
a. 
No person shall bring, cart, remove, transport or collect any solid waste, whether garbage, paper, ashes, rubbish, waste materials, construction debris, bulk items, hazardous waste or trade from outside this municipality or into this municipality for purposes of dumping or disposing thereof.
b. 
No person shall bring, cart, remove, transport or collect any trade waste, waste materials, construction debris, hazardous waste or bulk items from an excluded user and place for collection with the solid waste of a residential user. Such solid waste shall be disposed of separately and in accordance with this section.
[1967 Code § 14-2.8; Ord. No. 03-2 § 4; Ord. No. 07-03; Ord. No. 2008-03]
a. 
Any person violating any provision of this chapter shall be liable, upon conviction to the penalty stated in Chapter 1 § 1-5 with a minimum fine of $100. No person shall be subject to any fine under this section unless they shall first be provided with a written warning for a first violation. For any subsequent violations, the penalties set forth above shall be imposed.
b. 
Each and every violation of this section for each and every day that any provision of this section shall be violated shall be construed as a separate and distinct violation thereof.
c. 
Any and all provisions of this chapter shall be enforced by any and all officers or employees of the municipality or the Health Officer or any of their authorized representatives or any Bound Brook Police Officer.
[1967 Code § 14-2.12; Ord. No. 03-2 §§ 6, 7, 8; Ord. No. 2010-06 § 6]
a. 
There is hereby established a program for the collection of newsprint, glass, aluminum cans, cardboard, metal, debris, yard and tree refuse, post-consumer plastic bottles, high-grade office paper, tin-plated steel and bimetal food and beverage cans from residential, commercial, industrial and institutional establishments.
b. 
Such collections shall be made on a regular basis by Somerset County.
c. 
The Somerset County Engineer is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times of such collections, and the bundling, handling, location and time of placement of all materials for collection. The provisions of this section pertaining to recycling shall be enforced by the Department of Administration and Public Works or by any Police Officer.
d. 
With the prior approval of the Council, the Division of Public Works is hereby authorized to negotiate and enter into contracts from time to time to sell and deliver all materials collected by the Department of Administration and Public Works for recycling purposes.
[1967 Code § 14-3.2]
It shall be mandatory for all persons who are owners or occupants of residential, commercial, industrial or institutional premises within the Borough to separate newsprint, cardboard, glass, aluminum cans, metal, debris, high grade office paper, post-consumer plastic bottles, tin-plated steel and bimetal food and beverage cans, and yard and tree clippings from all other refuse produced on said premises as hereinafter provided.
[1967 Code § 14-3.3; Ord. No. 03-2 §§ 9, 10, 11, 12, 13]
a. 
Newsprint shall be bundled and securely tied not exceeding 30 pounds. The bundles shall be placed at the curbline for collection on such days as shall be scheduled for collection.
b. 
Glass shall be rinsed clean, with caps removed, and placed unbroken in a plastic container that is secured at the top. The bags shall be placed at the curbline on such days as shall be scheduled for collection.
c. 
Aluminum cans shall be rinsed clean and placed in a plastic container that is secured at the top. The containers shall be placed at the curbline on such days as shall be scheduled for collection. Glass and aluminum cans may be mixed together in the same container.
d. 
Cardboard shall be flattened and tied together securely in bundles no greater than 24 inches by 24 inches to permit handling by one person. The bundles will be collected in a manner to be determined by Somerset County.
e. 
Metal, tin-plated steel and bimetal food and beverage cans will be collected in a manner to be determined by Somerset County.
f. 
Yard and tree clippings will be tied securely in bundles not to exceed four feet in length and of such weight as to allow being handled by one person. Leaves and other loose material will be placed in a plastic garbage bag and securely tied. The bundles and bags will be placed at the curbline on such days as shall be scheduled for collection. During the period September 1 to November 30, leaves may be placed at the curb for collection.[1]
[1]
Editor's Note: See also Chapter 3, § 3-13, Disposal of Leaves and Other Debris.
g. 
It shall be the responsibility of the owner, tenant and/or contractor who generates any debris in excess of 100 pounds to arrange for the removal of such debris by a disposal company.
h. 
Plastic bottles shall be rinsed clean with caps removed, flattened and placed in a plastic container that is secured at the top. The containers shall be placed at the curbline on such days as shall be scheduled for collection.
i. 
High grade office paper shall be bundled and securely tied in the same fashion and placed at the curbline in the same manner as newsprint. The provisions of this subsection shall apply only to commercial, industrial and institutional premises.
j. 
At the option and expense of persons required to separate recyclable materials from other solid waste under this section, such material may be disposed of by any other lawful means, including but not being limited to contributions of this material to charitable recycling drives, provided, that in no event shall the same be disposed of as part of solid waste.
k. 
Notwithstanding the foregoing, the manner of separation and the location for collection for multiple-family dwellings shall be described in a plan of operation to be implemented and made a part of the rules and regulations hereinafter mentioned, which plan shall take into consideration special circumstances involved in collection from the dwellings.
[Ord. No. 03-02 § 16]
For collection pursuant to the schedule established by Somerset County all approved containers must be placed at the curbline where easily accessible. No containers shall be set out prior to 5:00 p.m. on the day prior to collection, and all containers shall be removed by 8:00 p.m. on the collection day.
[1967 Code § 14-3.4; Ord. No. 03-2 § 14]
From the time of placement by any person at the curb or curbline of recyclable materials for collection by Somerset County, its authorized agent or some other authorized person, such materials shall become and be the property of Somerset County. It shall be a violation of this section for any person not authorized by Somerset County or the owner or occupant to collect or pick up or cause to be collected or picked up, any such materials for any purpose whatsoever. Any and each such collection in violation hereof from one or more premises shall constitute a separate and distinct offense punishable as hereinafter provided.
[1967 Code § 14-3.5; Ord. No. 03-2 § 15]
Somerset County is hereby authorized to establish and promulgate reasonable rules and regulations as to the plan of operations, manner, days, and times for the collection of recyclable materials in accordance with the terms hereof.
[1967 Code § 14-3.7]
The Enforcement Officer as designated by the Mayor and Borough Council shall provide for random inspection or surveying of 20 properties (containing a mix of residential and non-residential establishments) per month to determine the extent of compliance.
[1967 Code § 14-3.10]
This section shall be enforced by a Borough Council designated Local Enforcement Officer who shall investigate alleged violations called to his attention by a collector of non-recyclable solid waste. In the event the Local Enforcement Officer shall determine that a violation of this section or any regulation promulgated pursuant thereto has occurred, he shall notify the party responsible for the violation detailing the particulars thereof. In the event a second violation of this section or any regulation promulgated pursuant thereto should occur, the Local Enforcement Officer shall file a complaint therefor in Municipal Court.
[1967 Code §§ 14-3.6, 14-3.11; Ord. No. 07-03]
Violation and Penalty. Any person who violates or neglects to comply with any provisions of this section or any regulation promulgated pursuant thereto shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 05-12 § 2]
As used in this section:
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Leaves and grass clippings.
[Ord. No. 05-12 § 3]
The owner or occupant of any property, or any agent, employee, or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow, or otherwise place yard waste, unless the yard waste is containerized, in the street. Provided, however, sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street shall be allowed during the seven days prior to a scheduled and announced collection for the specific type of yard waste so placed, and such yard waste shall not be placed closer than 10 feet from any storm drain inlet. Placement of yard waste at the curb or along the street other than in conformity with the provisions herein is a violation of this section. If non-conforming placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. No. 05-12 § 4]
This section shall be enforced by the Police Department and the Code Enforcement Office of the Borough of Bound Brook.
[Ord. No. 05-12; Ord. No. 07-03]
Any person who violates any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, § 1-5.