Borough of Somerville, NJ Chapter 147 Solid Waste Management

[HISTORY: Adopted by the Mayor and Council of the Borough of Somerville 8-15-89 as Ord. No. 1052(A). Amendments noted where applicable.]

§ 147-1 Purpose.

The purpose of this chapter is to regulate and control the collection of solid wastes within the Borough of Somerville.

§ 147-2 Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:

ASHES

The residue from fires used for cooking foods and heating fires within residential units.

BULK ITEMS

Any large, heavy and/or bulky household appliances, furniture and furnishings which cannot easily and safely be placed in the common collection vehicle used for removal of solid waste within the Borough of Somerville.

BUSINESS AND PROFESSIONAL USER

A business establishment conducting a business, whether for pecuniary profit or not for pecuniary profit, and limited to the quantity of solid waste as specified in this chapter, as well as the frequency and time of garbage pickup, which shall be determined by the Supervisor of the Department of Public Works from time to time.

CONSTRUCTION DEBRIS

Any scrap lumber, metal, earth, sand, bricks, stone, plaster, roofing and siding material and other debris of a similar nature which accumulates and is incidental to the construction or renovation of homes, buildings, public works or other projects.

DWELLING UNIT

Includes only a single-family house, multifamily house, apartment, condominium or townhouse units or other living units which are not defined as an excluded user in this chapter.

EXCLUDED USER

Any type of industrial user, any apartment house, hotel, dwelling house or building having more than six (6) dwelling units, shopping centers and hospitals. All schools shall be determined to be "excluded users" after July 1, 1989. Until that date, however, schools shall be included with the regular garbage pickup for Somerville Borough.

GARBAGE

Any animal or vegetable waste solids resulting from the handling, preparation, cooking or consumption of foods.

HAZARDOUS WASTE

All waste which is deemed to be chemical waste, hazardous waste or infectious waste, as defined by N.J.A.C. 7:26-1.4, and which shall include but not be limited to wastes which are flammable, corrosive or explosive or which, by themselves or in combination with other waste, would be hazardous to life or property.

HOLIDAYS

Days observed by the solid waste collector. These days are New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

INCOME-PRODUCING UNITS

Any apartments, rooms, commercial units, professional offices or suites which are rented or available to rent to persons other than the owner(s).

PAPER

Includes newspapers, periodicals, cardboard and all other wastepaper.

RESIDENTIAL USER

A dwelling unit, inclusive of a house or a multifamily dwelling of six (6) or less units, all of which are used for residential purposes.

RUBBISH

Includes rags, old clothes, leather, rubber, carpets, wood, sawdust, tree branches, yard trimmings, wood furniture and other combustible solids not of a highly volatile or explosive nature, metals, metal shavings, tin cans, glass, crockery and other similar materials, exclusive of trade waste and waste resulting from building construction or alteration work and exclusive of cellar or yard dirt.

SOLID WASTE COLLECTION CONTRACTOR

A person or firm for hire, properly licensed in the State of New Jersey for the purpose of collection of solid waste and solid waste materials; specifically excluded are recyclable materials.

TIRES

Discarded rubber tires originally used on vehicle wheels.

TRADE WASTE

All material resulting from the prosecution of any business, trade or industry, whether or not conducted for profit, and shall include paper, rags, leather, rubber, cartons, boxes, wood, sawdust, garbage, combustible solids, except manure, metals, metal shavings, wire, tin cans, cinders and other materials exclusive of wastes resulting from building construction or alteration work.

WASTE MATERIAL

Includes any and all garbage, refuse, paper, ashes and wastes from building construction or alteration work, regardless of how originating, and shall also include cellar or yard dirt.

§ 147-3 Responsibility for Collection and Disposal.

A. Every user placing garbage (exclusive of recycling materials, ashes and nonexcluded rubbish, herein defined) for collection from, on or in connection with nonexcluded property shall also be within the boundaries of the Borough of Somerville subject to the rules and regulations set forth within this chapter.

B. Disposal of trade waste, bulky items, waste material, construction debris and hazardous waste shall be the responsibility of the property owner or his agent, the construction contractor or the producer thereof to have the construction debris and/or trade waste, waste material and hazardous waste removed and disposed of at his expense by a properly licensed waste collection contractor, and the Borough of Somerville shall not be responsible therefor.

C. The Borough of Somerville shall not be responsible to furnish collection vehicles or personnel to remove and dispose of solid waste of excluded users within the Borough of Somerville.

D. Any user that elects to use or is required to use a private collector must use a duly licensed and approved disposal service.

§ 147-4 Preparation of Materials for Collection; Interference with Collection Prohibited.

A. Preparation for collection.

(1) Containers shall be provided by the owner, tenant, lessee or occupant of the premises. Refuse containers shall be maintained in a clean, safe and good condition. Any container that does not conform to the provision of this chapter or that may have ragged or sharp edges or any defect liable to hamper or injure the person collecting the contents thereof shall not be utilized. The collector shall have authority to refuse collection services for failure to comply herewith.

(2) Appropriate containers.

(a) The containers shall be galvanized or of plastic composition, shall not exceed forty (40) gallons in capacity, shall be no heavier than thirty-five (35) pounds when filled, shall have a lid or cover and shall have two (2) sturdy handles.

(b) Plastic bags not less than two (2) mils thick nor larger than forty (40) gallons may be used if properly tied.

(c) Substitute containers may be used in place of approved containers, such as another bag which is water-repellent and animal-repellent, treated paper garbage and refuse bags or a bag of similar nature. These bags shall not be less than two (2) mils thick nor larger than forty (40) gallons. All bags used shall be properly tied and secured so as to prevent the escape of solid or liquid waste.

(3) All garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper and placed in a receptacle as hereinbefore set forth.

(4) 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.

(5) All ashes shall be placed in a container covered in such a manner as to prevent the contents of the container from becoming wet due to rain or snow. Ashes shall be cold and free from any hot coals to prevent the possibility of fire, and the container with the ashes shall not exceed thirty-five (35) pounds in weight.

(6) Hedge and shrubbery clippings and tree trimmings will not be collected as part of the regular garbage pickup. These items shall be collected as part of a special collection program to be established by the borough from time to time.

(7) No persons shall place on the curb or anywhere else for purposes of collection any explosive or highly flammable materials or hazardous waste, inclusive of but not limited to benzine, gasoline, petroleum, explosive powder, or nitrocellulose film. No person shall place in any receptacle, any garbage, refuse or any other material which could be injurious to the collectors of the municipality.

(8) Large metal items, such as refrigerators, stoves, beds, crates, etc., shall not be collected with the regular garbage and trash pickup but may be collected in accordance with a schedule as determined by the Department of Public Works for the Borough of Somerville upon specific request by a residential user. The borough will assess a separate charge for the pickup of these items in accordance with the rate schedule set forth on Schedule A.[1] The Borough of Somerville, 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 of collection. 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.

[1] Editor's Note: Schedule A is included as an attachment to this chapter.

(9) Arrangement or disposal of trees and stumps shall be made by the owner, occupant or person in control of the premises and shall not be collected by the Borough of Somerville.

(10) Each container of solid waste 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 garbage is proposed to be collected, so that it does not easily upset.

(11) 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.

(12) No person shall place any of the items referred to in this chapter for collection in any street or highway, either for collection by the municipality or private disposal.

(13) If any borough employee in the course of his duties observes noncompliance with any of the regulations of this chapter, he shall immediately notify the tenant or landowner of noncompliance and the reason for not making the collection. Such notice may be given personally or by written statement left on the premises. Each such instance of noncollection shall be reported to the Borough Engineer by the person in charge of the particular truck not making the collection.

(14) Paper drums or plywood drums shall not be utilized for the storage of garbage, refuse or ash, and containers of this type will be collected by the municipality and disposed of.

(15) It shall be the obligation of the residential user to place such material in such quantity and in such a manner as not to create a public health nuisance or safety hazard.

(16) No trash or garbage shall be deposited upon any public street nor any other public place except at the curb in front of his residence or place of business for collection by the municipality in accordance herewith.

(17) Receptacles used by excluded users utilizing a private solid waste collection contractor must meet the minimum requirements as set forth herein. However, said receptacles can be larger in size, so long as they are covered to prevent any refuse from being scattered about by the wind or other elements, are rodent-proof, 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.

(18) Any solid waste placed at the curb shall be placed in such a manner as not to create a public nuisance and safety hazard.

(19) The contractor shall not be required to make garbage or trash collection from the premises of any residential user whereon a dog is permitted to run loose.

B. No person or persons shall prevent or interfere with any agent, servant or employee of the borough or any authorized contractor or collector of garbage, trash or refuse or with his employees engaged in the discharge of their duties, in the sweeping or cleaning of any street or removal therefrom of sweepings, ashes, garbage, rubbish or paper or other refuse materials or in the collection of garbage, trash, waste, ashes, rubbish or similar material.

§ 147-5 Permitted Number of Containers; Stickers; Bulk Items.

A. From time to time, as determined by resolution of the Mayor and Borough Council, the number of full containers of trash or garbage bags which shall be collected from any residential, commercial or industrial unit in the Borough of Somerville shall be fixed. In the event that more than one (1) residential or commercial unit is legally and properly located in any one (1) building, the resolution shall provide for the number of containers to be collected per each unit. The number of full containers of trash or garbage bags which shall be allowable (initially) shall be set forth on the attached Schedule A.[1] In the event that any user wishes to exceed his limit of garbage pickup in any one (1) week, the user must place a sticker on each additional bag which is placed for collection or, if an additional container is placed for collection, the sticker must be placed upon the top of the item in the container in a readily visible location. Any garbage in excess of the allowable limit which does not contain a sticker will not be picked up by the borough or its collection contractor.

[1] Editor's Note: Schedule A is included as an attachment to this chapter.

B. The fee for each sticker is five dollars ($5) per household trash per each additional garbage bag. Household bulk items may be disposed of under the Sanitation Sticker Program only if the item is allowed under the local solid waste program. The number of stickers required for each bulk item is identified at the Municipal Clerk’s Office. The stickers shall be paid in advance of pickup. Bulk items that do not have the appropriate number of stickers shall not be picked up and shall be subject to local code enforcement rules.

Bulk items that have the appropriate number of stickers shall be placed at curbside with the regular household waste in accordance with policy.

[Amended 4-4-2022 by Ord. No. 2667]

C. Stickers for garbage bags may be purchased at the office of the borough during normal business hours.

D. If any user requests that any bulk items as defined in § 147-2 above be picked up by the borough or its collection contractor, in accordance with § 147-4A(8) of this chapter, the user shall be responsible to place a special bulk-item sticker on the bulk item prior to its pickup. Any bulk item not containing a proper sticker or number of stickers will not be picked up by the borough or its collection contractor. The cost of stickers for bulk items shall be in accordance with the attached Schedule B[2], which may be amended by the Mayor and Council from time to time.

[2] Editor's Note: Schedule B is included as an attachment to this chapter.

§ 147-6 Collection Schedule.

Collection from residential users shall be in accordance with a schedule announced by the Borough of Somerville. This schedule may be amended from time to time upon notice by Council after publication.

§ 147-7 Hours for Placement of Containers.

For collection pursuant to a schedule announced by the Borough of Somerville, 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 day following the holiday.

§ 147-8 Standards for Collection.

A. Collection shall be done in a quiet and orderly manner in compliance with all applicable statutes and the Noise Ordinance within the Borough of Somerville.[1]

[1] Editor's Note: See Ch. 114. Noise.

B. All solid waste collection contractors shall comply with the ordinances of the borough and rules and regulations and orders of the Borough Engineer, 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.

§ 147-9 Placement of Materials for Collection.

A. All materials set or placed for collection shall be set or placed as near as possible upon or along the curbline and shall not be set or placed in any gutter, road or on any walk, sidewalk or public thoroughfare so as to interfere with public travel.

B. City collectors of solid waste are prohibited from entering upon any unaccepted lands, streets, service areas, driveways or alleys or any privately owned buildings or portion of any such buildings for the purpose of removing refuse materials to the curb, and if solid waste of residential users is not placed in accordance with this chapter, the municipal collector will not accept the waste for collection.

C. When it shall appear to be more efficient for collection by the municipality, the municipality, upon written request or permission by the owner, may authorize borough collectors to enter upon and collect garbage and refuse placed at the curbline or side line of such unaccepted streets, lanes, alleys, driveways, service areas or other thoroughfare areas as it may designate, subject to such conditions as it may impose. Such collection service shall not, however, be construed to be an acceptance of any such unaccepted thoroughfare or area.

§ 147-10 Transporting Materials from Outside Municipality Prohibited.

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 purpose 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. When excluded users are located on the same premises, the solid waste shall be disposed of separately and in accordance with this chapter.

§ 147-11 Violations and Penalties.

A. Any person violating any provision of this chapter shall be subject to a fine not exceeding two thousand five hundred dollars ($2,500) or imprisonment in the county jail for a term not exceeding thirty (30) days, or both. However, where the penalty for such offense may be limited by a state statute, then such limitation shall be applicable notwithstanding the provisions of this chapter.

B. Each and every violation of this chapter or each and every day that any provision of this chapter shall be violated shall be construed as a separate and distinct violation thereof.

§ 147-12 Enforcement.

This chapter shall be enforced by the Borough Engineer or the Health Officer or any of their authorized representatives or any Somerville Police Officer as directed by the Health Department or Borough Engineer, who shall be present and assist in the execution of this chapter.

§ 147-13 Severability.

In the event that any section, sentence or clause of this chapter shall be declared unconstitutional by a court of competent jurisdiction, such declaration shall not in any manner prejudice the enforcement of the remaining provisions.