For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- BUILDING MATERIALS/CONSTRUCTION DEBRIS
- Waste resulting from the destruction or demolition of structures or buildings or portions of structures or buildings including but not limited to materials such as concrete blocks, pipe, wallboard, broken concrete, roofing, timbers, lumber, fencing, wire and wood lath, other wood materials and other similar non-putrescible materials.
- BULK OR BULKY WASTE
- Large items of solid waste including but not limited to house appliances, air conditioners, heating units, carpeting, home furnishings, and other oversized items whose size precludes or complicates handling by the normal collection process. Included by this definition are wastes generated by households identified by the New Jersey Department of Environmental Protection as ID 13. Specifically excluded by this definition are any building materials and automotive parts.
- HAZARDOUS MATERIALS
- Any solid waste or by-product which is so classified by the Federal or State Governments.
- INDUSTRIAL WASTE
- Solid waste resulting from industrial processes and/or manufacturing operations.
- MEDICAL WASTE
- Any waste generated during the treatment of a patient other than from an individual household source. Sources of medical waste shall include but not be limited to offices of physicians, dentists and veterinarians, medical laboratories, hospitals, clinics, nursing homes and animal hospitals.
- QUALIFYING SENIOR CITIZEN
- Any resident, subject to the provisions of this chapter, who is 65 years of age, or more and who qualifies for the Senior Citizens Property Tax Deduction under N.J.S.A. 54:4-8.40 et seq.
- Those materials as identified by the Township of Pequannock representing post-consumer materials which are generated within the Township of Pequannock.*
- The conventional domestic waste generated by a household and identified by the New Jersey Department of Environmental Protection as solid waste class ID 10. Specifically excluded from this definition are bulk or bulky wastes, recyclable materials, medical waste, industrial waste, vegetative waste, hazardous materials and construction material and debris.
- RESIDENTIAL PROPERTY
- Properties in the Township consisting of single family units in a single structure consisting of no more than four family units in one lot. This definition specifically excludes multifamily garden or other apartments and attached units in condominium ownership.
- SOLID WASTE
- Any garbage, refuse, sludge or any other waste material with insufficient liquid content to be free-flowing, excluding those materials defined as recyclable materials.
- SOLID WASTE UTILITY
- A self-liquidating agency with a dedicated budget, created to transact solid waste collection and disposal services as outlined below within the Township of Pequannock; said utility operations are separate and distinct but not autonomous from other municipal operations as provided for under N.J.S.A. 40A:4-34 through 36.
- SUITABLE RECEPTACLE (GARBAGE CAN)
- A watertight container, can or barrel made of metal or other durable material with a tight-fitting cover, constructed so as to prevent spillage of its contents; it shall be waterproof and shall not exceed 35 gallons in volume or 50 pounds in weight when filled.
- VEGETATIVE WASTE
- This shall include leaves, grass, yard cuttings, brush (no larger than four inches in diameter), and Christmas trees generated by residential units. Included are wastes generated by households identified by the New Jersey Department of Environmental Protection as ID 23.
Residential property. Effective October 1, 1990, every residential property as defined above shall receive garbage collection and disposal services through the Township of Pequannock. The owner of the residential property shall be charged a fee for each dwelling unit as established herein.
Properties other than residential. The owners of all properties other than residential as described in the chapter shall be required to make provision for the adequate provision for the collection and disposal of solid waste generated by their premises. Upon request by the Health Officer, the owner shall submit proofs to the Health Department to establish that this provision has been met. When approved by the Health Officer, the owner may provide for these services through the Township of Pequannock by written application and payment of collection and disposal fees as defined herein. The Department of Health shall determine whether these services may be provided by the Township based upon whether the premises are able to be property serviced either by curbside collection or container under the contracts in force with private collector(s) at the time service is requested. In making this determination, the Health Department shall evaluate the entire premises, including any separate tenancies on the premises.
Temporary cessation of service. Residential property owners may temporarily stop garbage collection service to their home in the event it will be unoccupied for an extended period of time. There will be no charge for the period that the service is stopped. Temporary cessation of service must be for a minimum of three months and be in full month increments. To be eligible for a temporary service stoppage, a homeowner must:
Be Current with all Fees and Charges owed to the Township at the time of the request.
Request the stoppage in writing to the Utility Collector, specifying the stop and start dates.
Have their water service stopped for a minimum of the same period of time in accordance with Chapter 182 of the Township Code. Property owners who receive garbage collection service and are not connected to municipal water service shall certify, under oath, in writing that the home will be vacant and no water used during the time period stipulated.
No refuse placed during temporary cessation. A homeowner who has received a temporary cessation of garbage collection service shall not deposit any refuse to be collected at the property where service has been stopped during the time period that has been stipulated.
Failure to comply. Any residence where refuse is placed to be collected during a temporary cessation in service will be billed for service for the entire period of stoppage and interest from the date that billing would have occurred had service not been stopped in addition to any other penalties that may be imposed as provided by this section.
Containers and location. The owners of any premises receiving collection services from the Township of Pequannock may dispose of up to two, 30 gallon or three, 20 gallon containers per collection, which containers shall be placed within five feet of the street or traveled way in front of the premises or at such location as directed by the Department of Health. The owners shall comply with rules and regulations promulgated by the Health Department regulating and scheduling solid waste collection.
Time of placement. All owners and tenants shall not place any containers at the designated location prior to 6:00 p.m. the evening prior to scheduled collection and shall remove all empty containers after collection no later than 6:00 p.m. on the day of collection.
[Amended 2-24-1998 by Ord. No. 98-05; 3-27-2001 by Ord. No. 2001-04; 2-28-2006 by Ord. No. 2006-03; 2-23-2010 by Ord. No. 2010-01; 10-26-2010 by Ord. No. 2010-29; 3-10-2015 by Ord. No. 2015-01; 10-13-2015 by Ord. No. 2015-15]
Fee. The fee for residential refuse collection per unit shall be as follows:
For each single-family dwelling the rate shall be set according to the following schedule:
Nonresidential properties approved for service shall pay a fee equal to the basic residential fee for equal service or on a Cubic Foot basis, based upon the service required and the size of the container utilized.
Senior citizens. Senior Citizens who are subject to the fees set forth in this chapter and who qualify for and receive property tax deductions under N.J.S.A. 54:4-8.40 et seq. shall be eligible for a reduced fee for refuse collection. A qualifying Senior Citizen shall file a request with the Solid Waste Utility Collector for the reduced fee. The Tax Collector shall certify that the applicant does qualify for and receive the property tax deduction as permitted by statute. The sum deducted pursuant to this section is set at $40 per annum.
Bills to be rendered quarterly. Bills for refuse collection shall be rendered quarterly, except for the initial billing period which shall be prorated. For the purpose of billing, the calendar year shall be subdivided and designated as follows: the year period shall begin on January 1 and end on December 31; the quarterly periods shall begin on the first day of January, April, July and October, respectively, and shall extend to the beginning of the succeeding quarterly period.
Responsibility for payment. Unpaid balances are liens against property. The owner of each property provided refuse collection and disposal shall be entirely responsible for payment of bills of said refuse collection and disposal as rendered by the Township of Pequannock. All refuse collection and disposal charges shall be a lien against the property until paid; said liens shall be subject to sale by the Township in the manner prescribed by law, on or after July 1 of the year following rendering of the delinquent bill.
Bills due upon rendering; interest; collection. The amount charged for refuse collection and disposal shall be due on the date of rendering of the bill. If bills are not paid within 30 days from date of rendering, interest will accrue at the rate of 8% per annum. Liens originating from non-payment of refuse removal and disposal charges shall be processed for collection in the manner so provided by law, including sale of the lien.
Discontinuance of service for properties other than residential. In additions to the provisions for collection of unpaid balances outlined in the preceding sections of this chapter, discontinuance of services for properties other than residential as defined in this chapter shall be initiated in the following manner. If bills are not paid within 30 days from date of rendering, the Township, in addition to the provisions of section D. above, shall terminate said refuse collection and disposal service by sending written notice upon the property owner that unless that outstanding bill and interest is paid within 15 days from the date of the mailing of the notice, the service will be discontinued. Discontinuance of service does not relieve the owner of the property from complying with the provisions of Section 124.03B of this chapter.
Marketable recyclables as defined herein placed at the curb are the property of the Township of Pequannock. It is a violation of this chapter for any person or firm unauthorized by the Township of Pequannock to collect or pick up or cause to be collected or picked up any such materials.
It shall be the responsibility of the Pequannock Township Department of Health to administer and enforce all provisions of this chapter, with the exception that billing and collection of charges and fees provided herein shall be the responsibility of the Pequannock Township Department of Finance based upon parameters established by this Code and provided by the Department of Health.