This chapter shall be known as the "Rubbish and Recycling Ordinance
of Washington Borough."
For purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
ALUMINUM CANS
All aluminum containers used for soda, beer and other beverages.
ANTIFREEZE
All automotive engine coolant consisting of a mixture of
ethylene glycol and water or propylene glycol and water.
AUTOMOTIVE BATTERIES
Wet-cell lead-acid batteries from automobiles, trucks, motorcycles,
tractors and lawn mowers.
COMMERCIAL AND INDUSTRIAL WASTES
The by-products of building contractors or demolition contractors
engaged in the business of the repair and construction of homes or
other buildings or structures; by-products or waste or any manufacturing
plant; all items traded in as merchandise from commercial retailers
and repair services; automobiles and vehicles or parts thereof.
COMMERCIAL USE
An activity involving the sale of goods or services carried
out for profit.
CORRUGATED CARDBOARD
Cardboard of the type used to make boxes and cartons, with
two outer layers and a waffle inner layer, and brown-paper (kraft)
paper bags.
DEMOLITION WASTE
Untreated wood, bricks, concrete, tree stumps, asphalt, pallets
and land-clearing debris.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the current Warren County
District Solid Waste Management Plan to be source-separated for the
purpose of recycling. These materials include:
Designated Traditional Materials
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Designated Nontraditional Materials
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Aluminum cans
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Antifreeze
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Computer paper
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Asphalt and concrete pavement, concrete bricks
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Glass bottles and jars — three colors (clear, green and
brown)
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Automotive batteries (lead-acid)
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Corrugated cardboard
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Carpet
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High-grade office paper — white
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Computers
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Magazines and mixed paper
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Florescent tubes
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Newsprint
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Laser and inkjet cartridges
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Plastic bottles: PETE - clear and green (Type 1); HDPE - clear
and colored (Type 2)
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Household batteries as identified in the County Plan
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Steel cans/tin cans
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Latex paint
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Leaves and yard waste (brush, tree parts)
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Nontreated wood
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Oil filters
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Propane tanks
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Scrap metals (including junked autos)
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Source-separated metal
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Stumps
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Textiles/clothing
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Tires
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Used motor oil
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White goods (large appliances)
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ELECTRONIC WASTE
A computer central processing unit and associated hardware,
including keyboards, modems, printers, scanners and fax machines;
a cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television, and cell phones.
GARBAGE
All refuse, entrails and waste of animals and fish and all
vegetable matter which has been or was intended to be used as food;
all clam, oyster, crab and lobster shells; and all other material
so specified by the State of New Jersey.
GLASS CONTAINER
All bottles and jars made from silica or sand, soda ash and
limestone, the product being transparent or semitransparent, with
or without color, excluding, however, blue and flat glass, window
glass, mirror glass, plate glass, crystal, stemware and light bulbs.
HIGH-GRADE OFFICE PAPER
White bond, copier, computer or ledger paper made from wood
fibers. Excluded from this category are envelopes, colored paper,
carbon paper, magazines, newspapers, cardboard, and glossy papers.
MAGAZINE AND MIXED PAPER
All paper periodicals and catalogs and colored paper, envelopes
and junk mail, excluding plastic, cardboard, telephone books and carbon
paper.
MISCELLANEOUS RECYCLABLE MATERIALS
Includes materials which would otherwise be classified as
solid waste, are not otherwise defined in this chapter, and are documented
as being recycled. It currently is limited to carpet, propane tanks,
laser and inkjet printer cartridges and florescent light tubes.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings in which
three or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (see N.J.S.A.
13:1E-99.13a) and shall include "hotels," "motels" or other "guest
houses" serving transient or seasonal guests as those terms are defined
under Subsection (j) of Section 3 of the Hotel and Multiple Dwelling
Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing
body and who shall be authorized to enforce the provisions of this
chapter and any rules and regulations promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the municipality
of the Borough of Washington which is not bulky waste or construction
and demolition debris.
NEWSPAPERS
Includes a cheap paper of the type commonly referred to as
"newsprint" and distributed at stated intervals, usually daily or
weekly, and having printed thereon news and opinions and containing
advertisements and other matters of public interest. Magazines, periodicals,
newsletters, hard-covered books and catalogs, as well as other paper
products of any nature, are not considered newspapers.
OIL FILTERS
A detachable device in a motor vehicle which is part of the
lubrication system of an internal combustion engine used to decontaminate
oil that contains suspended impurities.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PLASTIC CONTAINERS
Polyethylene terephthalate containers (PET), high-density
polyethylene containers (HDPE), polyvinyl chloride containers (PBC)
and polypropylene containers (PP).
RECYCLABLE MATERIALS
Those materials which 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.
REFUSE or RUBBISH
All solid wastes, exclusive of vegetative wastes and recyclable
materials, consisting of both combustibles and noncombustibles, such
as paper, wrappings, cardboard, tin cans, rags, glass and other solid
waste of a nonvolatile or explosive nature, except commercial and
industrial wastes.
SCRAP METALS
Ferrous and nonferrous metals, including junked automobiles.
SOURCE SEPARATION
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
STEEL CANS
All disposal cans made of tin, steel or a combination of
ferrous metals, including, but not limited to, containers commonly
used for the storage of food products.
TEXTILES
Used clothing, bedding materials, curtains and draperies
and other items made from cloth or cloth-like fabric.
TIRES
Tires from automobiles, motorcycles, trucks, tractors and
bicycles.
VEGETATIVE WASTES
Includes all leaves, grass and hedge clippings, straw, thatch,
tree branches not greater than four inches in diameter, plant stems
and roots, tree stumps not greater than 50 pounds in weight, shrubbery
and other similar material not meant for human consumption.
WASTE OIL
Oil drained from vehicle crankcases.
WHITE GOODS
Appliances, such as washers, dryers, refrigerators, stoves,
dishwashers, air conditioners, trash compactors, water softeners and
water heaters.
This chapter shall not prohibit the actual producers of refuse
or the owners of premises upon which refuse has accumulated from personally
collecting, conveying and disposing of such refuse or from contracting
with rubbish contractors, provided such producers or owners comply
with the provisions of this chapter and with any other applicable
law, rule, regulation or ordinance.
[Amended 1-8-1985 by Ord.
No. 24-84]
Garbage and refuse accumulated in the Borough shall be collected,
conveyed and disposed of by the collector under the supervision of
the Borough Manager. The Mayor and Common Council shall have the authority
to make necessary and reasonable rules and regulations concerning
the days and times of collections, type and location of waste containers
and such other matter pertaining to the collection, conveyance and
disposal of refuse and other materials as the Mayor and Council find
necessary in the public interest. The Borough Manager shall be responsible
for implementing any rules and regulations as adopted.
Garbage, recyclables and refuse shall be prepared for collection
in accordance with the provisions hereof.
A. The Borough shall provide the use of one ninety-five-gallon black
garbage cart and one ninety-five-gallon green recycling cart to each
RGU. Carts are the property of the Borough and shall remain with the
real property to which they are assigned. Upon sale of the real property
the cart shall be conveyed with the real property in the same manner
as any improvements upon the property. Each RGU existing at the establishment
of this chapter shall be issued one garbage cart and one recycling
cart at the Borough's expense as will any RGU created after the passage
of this chapter. Replacement of any garbage or recycling cart thereafter
shall be at the expense of the RGU. The fee for replacement of any
garbage or recycling cart shall be established not less than annually
by resolution of the governing body.
B. Excluding "bulk items" as defined herein with properly affixed stickers,
all garbage and refuse must be placed and contained within the Borough-issued
garbage cart. Nonbulk items placed outside of the Borough-issued garbage
cart will not be collected and shall be subject to enforcement actions
as provided herein.
C. All garbage, before being placed in the container for collection,
shall have drained from it all free liquids or must be securely bagged.
D. All rubbish shall be drained of excessive liquid before being deposited
in the container for collection.
E. All recyclables as defined herein shall be deposited into container
provided by the Borough in a manner consistent with single-stream
or fully commingled recycling.
F. Metal, glass, and plastic containers shall be cleaned and have all
paper or plastic labels removed.
G. All glass shall have metal rings and caps removed and must be cleaned.
H. Any single-stream recyclables in excess of the capacity of the allotted
ninety-five-gallon container issued by the Borough shall be placed
in heavy-duty plastic or galvanized metal containers provided by the
RGU which shall not exceed 32 gallons in capacity and shall not exceed
50 pounds in weight. Single-stream recyclables placed curbside without
a container shall not be picked up.
I. Grass clippings, hedge clippings, leaves, straw, thatch, plant stems
and roots and similar material shall be placed in kraft-type bags
or heavy-duty plastic or galvanized metal containers provided by the
RGU whose overall capacity shall not exceed 32 gallons in capacity
and further shall not exceed 50 pounds in weight. All items in this
section must be separated from all other garbage, refuse and recyclable
materials.
J. Tree branches not in excess of four inches in diameter and not more
than four feet in length may be placed in heavy-duty plastic or galvanized
metal containers provided by the RGU whose overall capacity shall
not exceed 32 gallons in capacity and further shall not exceed 50
pounds in weight. Alternatively, tree branches not in excess of four
inches in diameter and four feet in length may be securely tied with
twine consisting of natural fibers only in bundles which shall not
exceed 50 pounds in weight.
K. All white goods shall be considered bulk or Type 13 waste and separated
from all other garbage, refuse, recyclable materials and vegetative
wastes. Refrigerators and freezers shall have doors or latches removed
prior to placement outside of any building. Refrigerators, freezers,
air conditioners and dehumidifiers are not eligible for collection
unless written documentation of the removal of coolant by a certified
refrigeration technician has been prominently affixed to the unit
when placed curbside for collection in addition to a bulk waste sticker
as described herein.
L. Batteries of the dry-cell type shall be placed in sealed plastic
bags and brought to an authorized drop-off center for disposal and
may not be placed out at curbside for collection. Wet-cell automotive
batteries must be brought to an authorized recycling center and may
not be placed out at curbside for collection.
[Amended 4-16-1996 by Ord. No. 4-96]
M. Loose asphalt roofing material and loose demolition waste, including,
but not limited to, broken drywall, plywood, or wallboard, loose insulation,
concrete, blacktop, or other masonry rubble, must be brought to an
authorized solid waste facility authorized to recycle or process such
waste for use, and this waste may not be placed out at curbside for
collection. Large intact items, such as fixtures (tubs, toilets, sinks,
cabinets, doors, windows, etc.), shall be disposed of as bulk or Type
13 waste with a sticker properly affixed as described herein.
N. Latex paint may be dried by adding sand or soil to cans such that
no liquid remains inside. Completely dried cans of latex paint only
may be disposed of as Type 10 waste in the Borough-provided garbage
container only.
O. Scrap metal shall be free from all contamination from nonmetallic
sources, such as ceramic material, glass, plastic, cloth or other
such material. Small quantities of scrap metal not in excess of 60
pounds in weight and no greater than six feet in height may be placed
out at curbside for collection. Junk automobiles or automobile parts,
heavy iron, scrap metal from construction or demolition projects and
oversize or overweight scrap metal must be brought to a licensed scrap
metal dealer or auto salvage facility and may not be placed at curbside
for collection.
Each RGU desiring to have garbage, refuse, recyclable materials
and/or vegetative wastes collected by the Borough or its agents shall
prepare the same for collection as prescribed herein at the roadside
no earlier than 6:00 p.m. the night before or prior to 5:00 a.m. on
the day designated for the collection area. All containers must be
placed at the roadside not later than 6:00 a.m. on the day of collection.
Containers may not be left at the roadside after collection. The owner
or occupier of the premises is responsible to make sure containers
are accessible for collection purposes and that the containers are
properly stored away from the roadside when not placed for collection.
Disposal of items, such as and similar to automobiles, vehicles,
parts of vehicles, tires, building materials, sod, soil, concrete,
large tree limbs, tree stumps, tree trunks, commercial and industrial
wastes shall be the responsibility of the producers or owners thereof.
The Municipal Board of Health, the Recycling Coordinator, the
Zoning Officer, the Building Inspector, the Housing Officer, or other
code enforcement officer, the Police Department serving the Borough
of Washington, and the Warren County Department of Health are hereby
individually and severally empowered to enforce the provisions of
this chapter. 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 or any material otherwise prohibited
for disposal by this chapter, or in a manner prohibited by this chapter.