Borough of Roseland, NJ
Essex County
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Table of Contents
Table of Contents
[1]
Editor's Note: The power to regulate the collection of garbage and trash is contained in N.J.S.A. 40:66-1.
[1973 Code § 12-1]
As used in this section, unless the context otherwise indicates, the following words and terms shall have the meanings given herein:
ASHES
shall mean the residue from fires used for cooking foods and heating buildings, and such floor sweepings as may accumulate in connection with the ordinary daily use of dwellings and stores.
GARBAGE
shall mean the meat and vegetable waste solids resulting from the handling, preparation, cooking and consumption of foods.
PAPER
shall include newspapers, periodicals, cardboard and all other wastepaper.
REFUSE
shall mean ashes, rubbish and trade waste.
RUBBISH
shall include rags, old clothes, leather, rubber, carpets, wood, excelsior, sawdust, tree branches, yard trimmings, wood furniture and other combustible solids not considered by the Borough to be of a highly volatile or explosive nature, glass, crockery and other similar material but not the wastes resulting from building construction or alteration work. It shall also include any small accumulation of cellar or yard dirt.
STREET, SIDEWALK, CURB, ALLEY
shall mean any accepted public street, curb, sidewalk, alley.
TRADE WASTE
shall be all material resulting from the prosecution of any business, trade or industry conducted for profit and shall include paper, rags, leather, rubber, cartons, boxes, wood, excelsior, sawdust, garbage and other combustible solids except manure and not considered by the Borough to be of a highly volatile or explosive nature, cinders, earth and other materials but not the wastes resulting from building construction or alteration work.
WASTE MATERIAL
shall include all or any garbage, refuse, paper, ashes (no matter how originating), wastes from building construction or alteration work, or cellar or yard dirt.
[1973 Code § 12-2]
No person shall accumulate or permit, suffer or allow the accumulation in any building or on any premises owned, occupied or controlled by him of any waste material for a period longer than the period from one (1) collection day to the next ensuing collection day. It shall be unlawful to dispose of refuse or garbage by burying or burning the same in a furnace or in an open fire upon any property within the Borough.
[1973 Code § 12-3]
The Borough, by its designated agents and employees, will collect and remove garbage, refuse, ashes and wastes, provided that these materials are prepared, held and stored in the manner that is required in subsection 15-1.9 this section.
[1973 Code § 12-4]
It shall not be lawful for any person, excepting an employee of the Borough in the discharge of his duties, or an authorized waste collector, to collect, pick in, rake up or in any way disturb the paper, garbage, or other waste material or whatsoever nature deposited in any receptacle or laid or placed anywhere within the Borough.
Paper shall be secured and properly tied into bundles or other packages, in a manner to prevent any scattering while being handled by the collectors or while such bundles or packages are located on the sidewalk at curb awaiting collection. The bundles or packages shall be of a size and weight to permit ease of handling by one (1) man and shall not exceed sixty-five (65) pounds in weight.
[1973 Code § 12-5]
The owner, agent, lessee, tenant or occupant of every dwelling, market, restaurant or other premises in the Borough where paper, garbage, rubbish or refuse shall accumulate must provide and keep on such premises sufficient and suitable receptacles or cans or barrels, and tightfitting covers for them, for receiving and holding the aforesaid materials within an approved screened area.
Sufficient is defined, for the purpose of this section, to be at least one (1) metal receptacle, metal or suitable plastic can or metal barrel for each family unit residing on the premises, and at least two (2) such receptacles for each restaurant, market store or similar establishment where the aforesaid material shall accumulate.
Suitable is defined, for the purpose of this section, to be a receptacle, can or barrel, made of metal of a substantial nature, such as galvanized iron, with a tightfitting cover of metal, so constructed as to prevent spilling or leakage of its contents. It shall be waterproofed, not more than eighteen (18) inches in diameter and twenty-six (26) inches in height, not more than thirty (30) gallons capacity and equipped with pull handles.
The use of baskets as receptacles for waste materials is not permitted.
Receptacles that are badly broken or otherwise fail to meet the requirements of this subsection may be classed as rubbish and may be collected as such by the Borough.
In dwellings, tenements and apartment houses containing three (3) dwelling units or less, the receptacles shall be purchased and maintained, in the absence of a contract, by the tenants. In dwellings, tenements and apartment houses of more than three (3) dwelling units, such receptacles shall be purchased and maintained, in the absence of a contract, by the landlord.
[1973 Code § 12-6]
It shall be unlawful for any person to place, or cause to be placed any receptacle or bundle or refuse material on any portion of the sidewalk or street.
[1973 Code § 12-7]
The owner, lessee, tenant or other occupant of every privately owned building shall, on the scheduled day for collection, place or have placed all waste material for collection at a point not more than three (3) feet from the nearest curbline in front of the building. No materials or receptacles shall be placed at the curb for collection earlier than 8:00 p.m. of the day preceding the nearest collection day or no later than 6:00 a.m. of the collection day.
Receptacles awaiting collection shall be stored or kept in such place so as not to become a nuisance to the occupants of any dwelling and at no time shall they be kept under the windows of any such dwelling adjacent thereto.
[1973 Code § 12-8]
Borough refuse collectors are prohibited from entering upon any unaccepted lands, streets, service areas, driveways or alleys or any privately owned buildings or portion of any such building, such as a vestibule, kitchen, pantry, cellar or boiler room, for the purpose of moving refuse material to the curb for collection.
[1973 Code § 12-9]
Garbage shall be thoroughly drained of all water, wrapped securely in paper and placed in a receptacle as described in subsection 15-1.5. Ashes, combustible and noncombustible rubbish and trade waste shall be stored and held in a receptacle, described in subsection 15-1.5, that may be the same, receptacle used to contain the wrapped garbage. Where these materials are of such a nature that they cannot be deposited in a receptacle, can or barrel, they shall be securely and properly tied into bundles or packages to prevent any spilling while being handled by Borough employees or while such bundles or packages are located on the sidewalk awaiting collection. The bundles or packages shall be of a size and weight to permit ease of handling by one (1) man but shall not exceed sixty-five (65) pounds in weight.
[1973 Code § 12-10]
No person shall prevent or interfere with any agent or employee of the Borough in the discharge of his duties in the collection of garbage, ashes or refuse or in the sweeping or cleaning of any street, or in the removal therefrom of sweepings, ashes, garbage, rubbish, paper, snow, ice or other refuse material.
[1973 Code § 12-11]
To insure the effective operation of the provisions of this section, the Borough Council is authorized to make written rules, regulations or orders as may be necessary or expedient to further implement the provisions of this section.
When it shall appear to be more efficient for collection by the Borough, the Borough Council in their sole discretion, upon written request or permission by the owner, may authorize and order the Borough collectors to enter upon and collect garbage and refuse placed at the curbline or sideline of unaccepted streets, lanes, alleys, driveways, service areas or other thoroughfares or areas as they may designate, subject to such conditions as they may impose. Such collection service shall not be construed to be an acceptance of any unaccepted thoroughfare or area.
[1973 Code § 12-12]
If in the opinion of the Borough Council it is more advantageous for the Borough to have the garbage, trash and waste and other refuse matter or any part thereof in the Borough collected, removed and disposed of by any person or persons other than designated agents and employees or private collectors of the Borough, the Borough Council may make a contract or contracts for this work or any portion thereof with any individual, corporation, or municipality, in a sanitary and inoffensive manner, which specifications may provide for alternate methods of doing the work and are to be filed in the office of the Borough Clerk.
[1973 Code § 12-13]
Contracts shall be entered into and made only after bids therefor shall have been advertised for in a newspaper published and circulated in the Borough, if there be one, and in the event there is no newspaper, then in a newspaper circulated in the Borough and in other newspapers as the Borough Council may direct to be inserted, on two (2) occasions, the first to be at least sixty (60) days prior to the taking of bids, and upon the taking of bids the contract or contracts to be awarded to the lowest responsible bidder who shall be required to give satisfactory bonds or security for the faithful performance of the contract with the right of the Borough Council at the time of receiving the bids to reject any and all bids received.
[1973 Code § 4-3.2; New]
a. 
Residential Premises. All owners of residential premises desiring waste paper or other combustible refuse material (except grass or leaves) to be removed by the Borough shall deposit same in suitable containers conveniently placed for removal by the collectors of the Borough. Any owner of a residential premises desiring leaf collection by the Borough must place the leaves either loosely at the curb or bag the leaves in approved type biodegradable paper bags. The leaves will be collected by the Borough or its designee. Leaf collection shall be performed in accordance with the Borough's published collection schedule. An appointment is required for the collection of the bags, and all leaves must be bagged after December 1, of each year.
b. 
Commercial Premises. All owners of commercial premises shall be responsible for removing all leaves, grass, waste paper or other combustible refuse material from their premises and shall be subject to penalty for failure to remove leaves, grass, waste paper or other combustible refuse from the premises.
c. 
Violations. Violators shall be notified by the Department of Public Works to remove leaves and related debris from the street. If the condition is not rectified within forty-eight (48) hours, the Department of Public Works may provide for the removal of any leaves, grass, waste paper or other combustible refuse material not removed. The property owner shall be required to reimburse the Borough for all costs of removal. The Department of Public Works, in its discretion, shall also issue a notice of violation. The penalty for failure to comply with this section shall be in an amount not to exceed five hundred ($500.00) dollars per building or structure. Upon notification of a violation of this section by the Department of Public Works, each day that a violation of this section shall continue shall be deemed a separate violation, which may be subject to an additional penalty.
[1]
Editor's Note: See also the regulations contained in Section 15-4, Yard Waste Collection Program.
[1973 Code § 4-12.1]
a. 
Conservation of recyclable materials has become an important public concern by reason of the growing problem of solid waste disposal and its impact on our environment.
b. 
There is an increasing necessity to conserve our natural resources.
c. 
The collection of used newspapers, glass, aluminum, plastics and various metals for recycling purposes from residences in the Borough of Roseland will, for reasons hereinabove set forth, foster and promote the general public interest.
[1973 Code § 4-12.2; Ord. No. 5-2009]
As used in this section:
ALUMINUM
shall mean all containers commonly used by consumers that typically contain a beverage and are one hundred (100%) percent pure aluminum (i.e. containing soda, tea, beer, etc.) Any can containing bimetals shall not be considered aluminum.
CO-MINGLED
shall mean a combination of all colored glass, all required plastic containers, aluminum containers and bimetal containers (steel/tin).
CORRUGATED
shall mean specifically the type of cardboard which is corrugated (having finished sheets of paper on top and bottom with reinforcing sheet between them and glued in place (creating the hollow space between the top and bottom finished surfaces).
FERROUS SCRAP
shall mean any metal except pure aluminum, which the metal can be cast iron, various grades of steel, tin, zinc, etc. Metal ferrous scrap can be but not limited to bed frames, wrought iron patio furniture, metal railings, metal tables, metal chairs, metal pipes, galvanized sheeting such as siding on metal sheds or roof panels, metal pumps, metal swing sets, non-aluminum roof gutters, etc.
GLASS
shall mean containers commonly used by consumers to house food and beverage products (i.e. bottles, jars, jugs and other vessels containing food or beverage products). All colors of glass containers shall be recycled collectively as part of a commingled mix.
LEAD ACID BATTERIES
shall be described as those batteries which function using a semi-liquid core filled with acid and metal plate sections as those used in automobiles and other equipment and do not contain a solid mass or composite type core.
LEAVES
shall mean leaves from deciduous trees which drop or cause to deposit a part of said tree as seasonal waste known as leaves on an annual basis.
MIXED PAPER
shall mean various mixes of paper such as all envelopes, junk mail, office paper of all grades including printer paper, copier paper, magazines, etc.
NEWSPAPER
shall mean uncontaminated news print paper and shall mean any and all newspaper.
PLASTICS
shall mean all containers commonly used by consumers that are hermetically sealed or made air tight with a metal or plastic cap, with a minimum wall thickness of not less than 0.010 inches, and composed of thermoplastic synthetic polymeric material, including clear or transparent as well as opaque or solid color plastic containers classified as PET or PETE Type #1 or #2.
RECYCLABLES
shall mean used newspapers, glass, aluminum and plastics, as defined herein.
SOLID WASTE
shall mean all garbage and rubbish normally placed at the curb by the residents of the Borough for regular collection.
USED MOTOR OIL
shall refer to oil used in automobiles or motorized equipment that require said oil to be changed at various intervals for proper operation of the vehicle or equipment. Motor oil of all grades and classifications shall be recycled.
WHITE GOODS
shall mean those items made mostly of metal, being steel, tin or other bimetal composites. White goods can contain compressors, condensers, evaporators, etc. which can be found in refrigerators, air conditioners, dehumidifiers, freezers, etc. A white good is defined as but not limited to refrigerator, washer, dryer, dehumidifier, freezer, air-conditioner, microwave, etc.
[1973 Code § 4-12.3; New; Ord. No. 5-2009; Ord. No. 11-2014 § 1]
Any transporters or haulers of the materials listed herein removed from any location within the Borough of Roseland, shall report their tonnage to the NJDEP Bureau of Recycling and Planning in an annual tonnage report, regardless of their processing designation.
a. 
Residential. All homes, condominiums, townhouses, apartments, trailer parks, etc., including certain housing types considered institutional (i.e. senior citizen housing) are to recycle the following materials. There are no de minimis standards based upon amount or weight.
Newspapers
Mixed paper (i.e. junk mail, office paper, magazines, etc.)
Corrugated containers and boxes
Glass food and beverage containers (of all colors)
Aluminum beverage containers
Plastic containers (PET or PETE #1 & #2 only)
Steel/tin containers
Leaves
Used motor oil
White goods (i.e. refrigerators, washers-dryers, air-conditioners)
Lead acid batteries (automotive or vehicle batteries)
Ferrous scrap
b. 
Commercial. All places of business (wholesale, retail service, food, transportation, etc.) are included in this sector under Commercial.
Newspapers
Mixed paper (i.e. junk mail, office paper, magazines, etc.)
Corrugated containers and boxes
Glass food and beverage containers (of all colors)
Aluminum beverage containers
Plastic containers (PET or PETE #1 & #2 only)
Steel/tin containers
Leaves
Used motor oil
White goods (i.e. refrigerators, washers-dryers, air-conditioners)
Lead acid batteries (automotive or vehicle batteries)
Ferrous scrap
c. 
Institutional. All government buildings, schools, colleges, hospitals, clinics, etc., are included in this sector as Institutional.
Newspapers
Mixed paper (i.e. junk mail, office paper, magazines, etc.)
Corrugated containers and boxes
Glass food and beverage containers (of all colors)
Aluminum beverage containers
Plastic containers (PET or PETE #1 & #2 only)
Steel/tin containers
Leaves
Used motor oil
White goods (i.e. refrigerators, washers-dryers, air-conditioners)
Lead acid batteries (automotive or vehicle batteries)
Ferrous scrap
d. 
Prior to March 1 of each year, occupants of all commercial and institutional establishments, multi-family housing owners or their agents shall report, on forms provided by the municipality, to the Municipal Recycling Coordinator, the tonnage of recyclables collected and removed from the municipality during the previous year.
[1973 Code § 4-12.4]
From the time of placement at the curb by any person of recyclables for collection by the Borough, or its authorized agent, pursuant to the regulations established herein, such recyclables shall become the property of the Borough, or its authorized agent. It shall be unlawful for any person not authorized by the Borough to collect or pick up, or cause to be collected or picked up, any such recyclables for any purpose whatsoever. Each and any such collection in violation hereof from one (1) or more premises shall constitute a separate and distinct offense punishable as hereinafter provided.
[1973 Code § 4-12.5]
a. 
All recyclables shall be disposed of in the manner set forth in the regulations of the Borough. Such regulations may include, but need not be limited to curbside collection.
b. 
At the option and expense of persons separating recyclables from other solid waste, such recyclables may be disposed of in any other lawful means, including, but not limited to, contributions of this material to charitable drives. However, under no circumstances shall such recyclables be picked up at curbside by anyone other than the Borough or its authorized agents.
[1973 Code § 4-12.6]
The Mayor and Council may enter into agreements granting a franchise or license to qualified persons, partnerships or corporations, to authorize them to collect all used newspapers, glass products and aluminum at curbside, in accordance with the procedures of N.J.S.A. 40A:11-1 et seq., provided, however, that the Mayor and Council may sell such used newspapers and glass products.
[1973 Code § 4-12.7]
The Mayor and Council are authorized to adopt and amend regulations to effectuate the purposes of this section by resolution.
[1973 Code § 4-12.8; Ord. No. 11-2014 § 2]
The Code Enforcement Official, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, the Housing Officer, the County Department of Health, and such other Borough employees as may be designated by resolution of the Mayor and Council are hereby individually and severally empowered to enforce the provisions of this section. An inspection may consist of sorting through containers and opening of solid waste bags to detect by sound or sight, the presence of any recyclable material.
[1973 Code § 4-12.9; New]
Any person who violates or neglects to comply with any provisions of this section or any regulation promulgated pursuant hereto, shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5, except that the maximum fine for failure to comply with subsection 15-2.3 hereof, and the regulations issued pursuant thereto, shall not exceed fifty ($50.00) dollars. No enforcement of subsection 15-2.3 of this section shall be made until three (3) months from the effective date of the regulations authorized to be promulgated hereunder.
[1973 Code § 13-19.1; Ord. No. 13-2004]
No person shall maintain a dumpster or other like receptacle for the disposal of construction materials, debris or other materials without the written permit of the Superintendent of Public Works or his authorized representative. A fee shall be charged for all such permits. Initially, such fee shall be five ($5.00) dollars which fee may be adjusted annually by resolution. All permits issued pursuant to this section shall be effective for a period of sixty (60) days from the date of issuance. All permits are subject to revocation, in the sole discretion of the Borough, for failure to comply with the requirements set forth in this Section.
[1973 Code § 13-19.2]
Any dumpster or like receptacle shall be located on or along the border of the land for the benefit of which such dumpster or other receptacle is used and, shall be placed on blocks, planks or shall be otherwise elevated from the street in order to prevent damage to the street, sidewalk or other property on which it rests. The area immediately around the dumpster or other receptacle shall at all times be free of debris. Adequate lighting and/or traffic warning signals shall also be maintained around any dumpster or receptacle which is located on a sidewalk or roadway.
[1973 Code § 13-19.3]
In the event that any damage is caused to the street, sidewalk or other public property on which the dumpster or other receptacle rests, the owner of the land for which the dumpster or receptacle is used shall be responsible to repair such damage and restore the property damaged to the condition in which it existed prior to such damage. In each and every case where the party charged with the repair of any damage as hereinbefore set forth, shall fail to comply with the requirements of this section, the Borough may, upon reasonable notice to the person so charged, cause the repairs to be made under the direction of the Construction Official, who shall certify the cost thereof to the Borough Council, which shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against lands for which the dumpster or receptacle is used. The amount so charged shall forthwith become a lien upon the land and shall be added to and become a part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced in the same manner as taxes.
[Ord. No. 6-2006 § I]
The purpose of this section is to establish a yard waste collection and disposal program in Borough of Roseland, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 6-2006 § II]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
shall mean 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
shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
shall mean 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
shall mean leaves and grass clippings.
[Ord. No. 6-2006 § III]
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven (7) days prior to a scheduled and announced collection, and shall not be placed closer than ten (10) feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such 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. 6-2006 § IV]
The provisions of this section shall be enforced by the Borough of Roseland Police, Health or Public Works Departments.
[Ord. No. 6-2006 § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed one thousand ($1,000.00) dollars or ninety (90) days imprisonment or both.