[Editor's Note: Former Ch. 29, Solid Waste Management, was
repealed 6-27-2023 by Ord. No. 2023-031. Former Ch. 29 was derived from
1967 Code §§ 14-2.1, 14-2.3 through 14-2.8, 14-2.12,
14-3.2 through 14-3.7, 14-3.10 and 14-3.11; and amended by Ord. No. 02-13; Ord. No.
03-2; Ord. No. 05-12; Ord. No. 07-03; Ord. No. 2007-24; Ord. No. 2008-03; Ord. No. 2010-06; Ord. No. 10-21; Ord. No.
11-14; Ord. No. 2017-05; 2-11-2020 by Ord. No. 2020-05; 2-11-2020 by Ord. No. 2020-06; 9-22-2020 by Ord. No. 2020-25; 12-14-2021 by Ord. No. 2021-030; 11-22-2022 by Ord. No. 2022-41; and 2-28-2023 by Ord. No. 2023-09.]
[5-9-2023 by Ord. No.
2023-017]
Excluded Users:
[5-9-2023 by Ord. No.
2023-017]
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 $288 per dwelling unit for the disposal
of its 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 a Borough-issued container.
All garbage must be placed in a bag before being placed in the container.
All garbage in excess of the container must be identified with a solid
waste disposal sticker. There shall be one sticker per bag.
b.
Every additional container for a dwelling shall be $75 in addition
to a $150 annual service fee.
c.
Refuse cans are the Borough's property and remain with the property.
Damaged containers due to negligence will be assessed at the prevailing
replacement cost.
d.
Each sticker for use on garbage beyond the weekly number of permitted
bags/containers shall cost $6.
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, and 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 Tax Collector of
its intention to do so by December 1 of the preceding year. Once any
such establishment shall elect to be treated as an excluded user,
that establishment shall remain an excluded user until a written request
is submitted to the Tax Collector by December 1 of the preceding year.
[5-9-2023 by Ord. No.
2023-017]
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 Tax Collector 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.
[5-9-2023 by Ord. No.
2023-017]
a.
The containers for garbage shall be the property of the Borough of
Bound Brook and the responsibility of the property owner to maintain
in good condition. One container shall be issued to each dwelling.
Additional containers are available in accordance with 29-1.2(b).
b.
(Reserved)
c.
(Reserved)
d.
Broken glass. All nonrecyclable 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.
Leaves, 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.
f.
(Reserved)
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 $6 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 landowner
of noncompliance personally or by written statement left on the premises.
Each such instance of noncollection shall be reported to the Superintendent
of Public Works 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 rodentproof,
leakproof, 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.
q.
The Borough may, at its own discretion, place refuse containers/receptacles on sidewalks in the public right-of-way for the purpose of providing a place for passing pedestrians to leave discarded items. It is prohibited for residential/household trash to be deposited in these containers/receptacles. The Borough will empty and maintain the containers/receptacles; however, property owners are responsible for maintaining the sidewalk areas around and under the containers/receptacles as described in Section 26-8.1.
[5-9-2023 by Ord. No.
2023-017]
a.
Collection from included users shall be in accordance with a schedule
announced by the Borough, which may from time to time be 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 pickup on the next scheduled
collection day unless otherwise noted.
[5-9-2023 by Ord. No.
2023-017]
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.
[5-9-2023 by Ord. No.
2023-017]
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.
[5-9-2023 by Ord. No.
2023-017]
a.
This section shall be enforced by the Borough Department of Code Enforcement or its designees. In the event an inspector in the Department of Code Enforcement determines that a violation of this section or any regulation promulgated pursuant thereto has occurred, the inspector may file a summons and/or complaint in the Municipal Court or cause the issuance of the same, whether or not a notice of violation or order has been served. Any person violating any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5, with a minimum fine of $150.
b.
(Reserved)
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.
[5-9-2023 by Ord. No.
2023-017]
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.
[5-9-2023 by Ord. No.
2023-017]
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.
[5-9-2023 by Ord. No.
2023-017]
a.
(Reserved)
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 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.
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.
[5-9-2023 by Ord. No.
2023-017]
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.
[5-9-2023 by Ord. No.
2023-017]
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.
[5-9-2023 by Ord. No.
2023-017]
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.
[5-9-2023 by Ord. No.
2023-017]
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 nonresidential establishments)
per month to determine the extent of compliance.
[5-9-2023 by Ord. No.
2023-017]
This section shall be enforced by the Borough Department of
Code Enforcement, which shall investigate alleged violations called
to its attention by a collector of nonrecyclable solid waste. In the
event an inspector in the Department of Code Enforcement determines
that a violation of this section or any regulation promulgated pursuant
thereto has occurred, the inspector may file a summons and/or complaint
in the Municipal Court or cause the issuance of the same, whether
or not a notice of violation or order has been served.
[5-9-2023 by Ord. No.
2023-017]
[5-9-2023 by Ord. No.
2023-017]
As used in this section, the following terms shall have the
meanings indicated:
The placement of yard waste in a trash can, bucket, bag or
other vessel so as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
Leaves, tree branches and brush.
[5-9-2023 by Ord. No.
2023-017]
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 to 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 nonconforming 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.
[5-9-2023 by Ord. No.
2023-017]
This section shall be enforced by the Police Department and
the Department of Code Enforcement of the Borough of Bound Brook.
