For purposes of this chapter, the following terms, phrases,
words and their definitions shall have the meaning 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.
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 wheels and a
specially colored lid to represent the contents of the receptacle,
which is to be utilized for automated collection of solid waste and
recyclable materials, to be issued by the Township in either 30/31
gallon, 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 drop off
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 30/31, 64/65 or 95/96 gallon Township-issued cart with
wheels and 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 30/31, 64/65 gallon or 95/96 gallon cart with wheels and
a 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.
Every occupant of any residential property and/or approved commercial
property situated within the Township of Waterford 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 Waterford 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.
This chapter shall be enforced in the municipal court of the
Township of Waterford upon a complaint being filed by the Code Enforcement
Officer, Public Works Director or Deputy Director, Health Officer,
and/or Police Chief or his or her designee. Once a complaint has been
signed and issued, the responsibility for the disposal of the items
shall lie with the violator. Fines and/or fees not paid within 30
days of assessment by the Township shall constitute a lien against
the property, which shall be collected in the manner provided by law,
and refuse collection services shall cease until full restitution
has occurred.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine up to $100 for the first offense, up to $250 for the second offense
and up to $500 for each subsequent offense and by imprisonment in
the county jail for a term not to exceed 90 days, or both, in the
discretion of the court. All persons allowing or permitting the continuation
of any violation of this chapter also shall be subject to punishment
for each separate offense as provided for herein. The continuation
of any violation of this chapter for more than one day shall constitute
a separate offense on each successive day.