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Borough of Bernardsville, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #827 Preamble; Ord. #93-955 Preamble]
Conservation of recyclable materials is now a necessity in order to conserve our material resources.
The cost of solid waste disposal is ever increasing while convenient landfill facilities are rapidly decreasing.
The reduction of the amount of solid waste to be disposed of will reduce the cost of landfill disposal fees and extend the life of landfills, and at the same time the separation, collection, and sale of recycling materials will reduce the financial burden of solid waste disposal.
[Ord. #827 § 1; Ord. #871 § 1; Ord. #93-955 § 1]
The following words and phrases shall have the following meanings.
ALUMINUM
Shall mean all aluminum beverage containers.
COMMERCIAL INDUSTRIAL, INSTITUTIONAL OR PROFESSIONAL BUILDINGS
Shall mean all nonresidential buildings or structures used for business, commercial, industrial, institutional or professional purposes.
GLASS
Shall mean all glass bottles and jars.
INSTITUTIONAL FACILITY
Shall mean all churches, schools, hospitals and other similar public or semipublic buildings operated on a nonprofit basis.
PLASTIC
Shall mean all Polyethylene Teraphthalate (PET), High-Density Polyethylene (HDPE) beverage bottles and other HDPE postconsumer bottles.
RESIDENTIAL DWELLING OR STRUCTURE
Shall mean all single family and multifamily dwellings or structures in the Borough of Bernardsville including townhouses and condominiums.
[Ord. #827 § 2; Ord. #871 § 2; Ord. #93-955 § 2]
There is hereby established a program for the mandatory separation of the following recyclable materials in the Borough of Bernardsville.
Newspapers
Magazines
Glass containers
Aluminum cans
Corrugated cardboard
Office paper
Other paper products
Junk mail
Plastic containers (PET and HDPE)
Lead-acid batteries
Household batteries
* Used motor oil
* Wood
* Asphalt/concrete and masonry
* These items to be collected at such time as the County of Somerset has established a mechanism for doing so and promulgated standards applicable thereto.
[Ord. #827 § 3; Ord. #871 § 3; Ord. #93-955 § 3]
The occupant, custodian or owner of any residential dwelling or structure, commercial, industrial or professional building, or institutional facility within the Borough of Bernardsville shall place for disposal, removal or collection the following named materials and shall do so in strict conformity with the following regulations:
a. 
Newspapers, magazines and other paper products shall be securely fastened and placed at the location for collection.
b. 
Glass containers, household batteries, aluminum and tinplated steel and bimetal food and beverage cans shall be contained in an occupant, custodian or owner supplied plastic bag and may be mixed (except as to batteries). Batteries shall be bagged separately.
c. 
Plastic shall be contained separately in an occupant, custodian or owner supplied plastic bag.
d. 
It is prohibited and will be determined a violation hereof for any owner, lessee or occupant of any residential, commercial, industrial, professional or institutional establishment in the Borough of Bernardsville to put into or cause to be put into the solid waste collection system of the Borough of Bernardsville any leaves. The owner, operator, or occupant of any residential, commercial, industrial, professional, or institutional establishment shall recycle material as required under the Somerset County Recycling Amendment of December, 1985, and PL 1987 Chapter 102, as further supplemented and amended.
[Ord. #827 § 4; Ord. #871 § 4; Ord. #93-955 § 4]
a. 
The collection, removal, disposal of recyclable materials shall be supervised by the Borough of Bernardsville, as hereinafter provided, who shall have the authority to establish the time, method and routes of services.
b. 
All plastic bags and other containers required herein shall be supplied by the occupant or owner of the premises and placed prior to collection within a distance of 10 feet from the curb line where they shall be readily accessible to the collector. Recyclable materials to be disposed of shall be placed outside after 6:00 p.m. of the day immediately preceding the day of collection but no later than 7:00 a.m. on the day of collection.
[Ord. #827 § 5; Ord. #871 § 5; Ord. #93-955 § 5]
It shall be a violation of this chapter for any person unauthorized by the Borough of Bernardsville to collect or pick up or cause to be picked up any such items during the twenty-four-hour period commencing at 6:00 p.m. on any day preceding a day designated for collection. Any and each such collection in violation hereof from one or more residences during said twenty-four-hour period shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. #93-955 § 6]
a. 
All commercial, industrial and institutional sectors are required to prepare waste reduction audits and waste reduction plans according to the following schedule:
1. 
For any establishment with 500 or more employees, a waste audit and reduction plan must be prepared and submitted to the Borough of Bernardsville and County of Somerset by December 31, 1993.
2. 
For any establishment with 250 to 500 employees, a waste audit and reduction plan must be prepared and submitted to the Borough of Bernardsville and County of Somerset by December 31, 1994.
3. 
For any establishment with 100 to 250 employees, a waste audit and reduction plan must be prepared and submitted to the Borough of Bernardsville and County of Somerset by December 31, 1995.
b. 
The waste reduction plan shall include, but not be limited to, the following:
1. 
The plan must indicate how the use of heavy metals will be eliminated from products and packaging.
2. 
The plan must indicate how the use of double packaging, except where required for the integrity, health, safety of the products, will be eliminated.
[Ord. #93-955 § 7]
a. 
All commercial, industrial and institutional establishments with 100 or more employees must submit a plan to the Borough of Bernardsville and County of Somerset, which outlines how source separation and recycling shall be accomplished within the establishment. The plan shall include, but not limited to, the following:
1. 
The manner in which the designated recyclables will be source separated from the waste stream.
2. 
The name of the market vendor for each designated recyclable commodity.
[Ord. #827 § 6; Ord. #871 § 6; Ord. #93-955 § 8]
This chapter shall be enforced by a Borough Council designated Local Enforcement Officer who shall investigate alleged violations called to his attention by a collector of nonrecyclable solid waste. In the event the Local Enforcement Officer shall determine that a violation of this chapter or any regulation promulgated pursuant thereto has occurred, he shall notify the party responsible for the violation detailing the particulars thereof. In the event a second violation of this chapter or any regulation promulgated pursuant thereto should occur, the Local Enforcement Officer shall file a complaint therefor in Municipal Court.
[Ord. #827 § 7; Ord. #871 § 7; New; Ord. #93-955 § 9]
Any person, firm or corporation that violates or neglects to comply with any provisions of this chapter or any regulation promulgated pursuant thereto shall, upon conviction thereof, be punishable by a fine not to exceed $50.
[Ord. #91-874 § 1]
The disposal of solid household waste shall be conducted at the Borough of Bernardsville Sanitary Landfill located on Pill Hill Road, known as Lot 5, Block 101 on the Tax Map of the Borough.
[Ord. #91-874 § 2]
Use and access to the Sanitary Landfill shall be restricted to persons residing in the Borough, for the disposal of personal household items subject to the following regulations:
a. 
Each applicant must purchase a permit for the particular month during which disposal activity may take place upon payment of the appropriate fees entitling the applicant to dispose of household waste.
b. 
Permits may be purchased at the landfill from 9:00 a.m. to 4:00 p.m. on clean-up days.
[Ord. #91-874 § 3]
Pickup Trucks and Vans
(Maximum 1 Ton Rated Capacity)
$60
Passenger Vehicles
$20
Passenger Vehicle Tires
$6 per tire
[Ord. #91-874 § 4]
a. 
Access to the Sanitary Landfill for the disposal of personal household items shall be restricted to single axle, single wheel vehicles, maximum one ton rated capacity.
b. 
Solid waste shall be restricted to residential household items as described by regulations of the Public Works Department. No organic waste, commercial refuse, truck tires or recyclable material shall be included.
c. 
Business or commercial haulers performing a service for Borough residents may be permitted use and access to the Sanitary Landfill upon compliance with fee and permit requirements outlined above.
d. 
The Sanitary Landfill shall be open on those days and during such hours as determined by the Mayor and Council.
[Ord. #91-874 § 5]
The operation and regulation of use and access to the Sanitary Landfill shall be under the jurisdiction of the Public Works Department of the Borough. The Department may promulgate additional rules and regulations consistent with the intent and objectives of this chapter and subject to approval by the Mayor and Council.
[Ord. #91-874 § 6]
Any person, firm or corporation that violates or neglects to comply with any provisions of this section shall, upon conviction be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. #98-1125 § 1]
The disposal of yard trimmings including leaves and brush shall be conducted at the Borough composting facility located on Pine Hill Road, known as Lot 5, Block 101 on the Borough Tax Maps.
[Ord. #98-1125 § 1]
Use and access to the composting facility shall be restricted to persons residing in the Borough for the disposal of yard trimmings as follows:
a. 
An annual permit shall be available upon application to each resident household of the Borough. The permit shall entitle the household or a contractor working on the household's behalf to dispose of leaves and brush when the facility is open. A driver's license and the permit card must be displayed to the gate attendant for punching each time a vehicle enters the facility. No one will be permitted to enter the composting area without a disposal permit.
The gate attendant will determine the number of punches to be made on the permit based upon the size and type of the vehicle in accordance with the following schedule:
Car, Station Wagon or Minivan
1 credit
Small Utility Trailer
1 credit
Pickup Truck or Van
2 credits
Large Utility Trailer
2 credits
2-Cubic Yard Dump Truck
4 credits
Combinations of vehicle and trailer will be charged a total of the pulling vehicle plus the towed vehicle if both are loaded. For example, a pickup truck pulling a large utility trailer will be charged four credits. Each household will be allotted 12 free credits per calendar year. Households may utilize the composting facility on other occasions during the same calendar year by paying a fee of $35 per credit. There is no limit to the number of paid visits per household per year. Lost cards will not be replaced and will result in the loss of the balance of the household's credits for that calendar year. Credits that are not used in a calendar year will lapse and will not be carried forward into the next calendar year.
b. 
For purposes of this section, yard trimmings shall mean leaves and brush. All other definitions contained in N.J.A.C. 7:26A-1.3 are incorporated herein by reference.
[Ord. #2005-1381 § 1]
In addition to the annual permit obtained pursuant to subsection 18-3.2 above, any contractor disposing of yard trimmings (including leaves and brush) on behalf of a resident or residents of the Borough must also obtain a Contractor Brush Disposal Ticket prior to utilizing the Borough composting facility. A Contractor Brush Disposal ticket may be obtained from the Borough Clerk's office during regular business hours by completing the Contractor Brush Disposal Ticket application from adopted by the Director of Public Works and paying the following fee(s):
Pickup truck or van
$20
Trailer
$30
Masonry dump truck
$30
Five-cubic yard dump truck
$50
A separate ticket must be obtained for each trip to the facility. A contractor may use the Borough composting facility only for yard trimmings from property located in Bernardsville Borough.
[Ord. #2003-1311]
a. 
In the case of single-family residential housing, each responsible solid waste generator, in those instances where a solid waste collection system is not otherwise provided for by the Borough, if he has not already done so, shall enter into a contract for regular solid waste collection service with any person lawfully providing private solid waste collection services within the Borough; except that those solid waste generators who transport solid waste which is generated at his residential premises directly to the solid waste facility utilized by the Borough for disposal shall be exempt from this requirement.
b. 
In the case of multi-family residential housing, the responsible solid waste generator, in those instances where a solid waste collection system is not otherwise provided for by the Borough, if he has not already done so, shall enter into a contract for regular solid waste collection service with any person lawfully providing private solid waste collection services within the Borough; except that those responsible solid waste generators who transport the solid waste which is generated at his residential premises directly to the solid waste facility utilized by the Borough for disposal shall be exempt from this requirement. It shall be the responsibility of the owner of the multiple-dwelling building to provide a sufficient number of appropriate solid waste containers for the deposit of nonrecylable waste materials to be disposed of as solid waste.
c. 
In the case of any commercial or institutional building or structure located within the boundaries of the Borough, the responsible solid waste generator, in those instances where regular solid waste collections services are not otherwise provided for, shall enter into a contract with any person lawfully providing private solid waste collection services within the Borough.
d. 
In the case of a responsible solid waste generator within the Borough who is transporting the solid waste which is generated at his residential premises directly to the solid waste facility utilized by the municipality for disposal, every such responsible solid waste generator within the Borough shall furnish proof that the responsible solid waste generator is transporting the solid waste which is generated at his residential premises directly to the solid waste facility utilized by the Borough for disposal to the Borough Council at least once every 12 months. In order to fulfill the requirements of this subsection, the responsible solid waste generator may include the proof of service with the tax payment mailed to the Borough Tax Collector.
e. 
In order to preserve the peace and quiet in neighborhoods during the hours when most residents are asleep, regular solid waste collection services shall be limited to the hours of 7:00 a.m. to 8:00 p.m.
[Ord. #2003-1311]
Any person who violates any provision of this section or any regulations promulgated hereunder, shall upon conviction be liable to the penalties stated in Chapter 1, Section 1-5. Each and every day that such violation continues shall be considered a separate offense for each violation.