[1979 Code § 13-1.1; New]
As used in this chapter.
Shall mean yard trimmings, rags, waste wood or cardboard,
and other combustible waste solids of a nonvolatile or nonexplosive
nature.
Shall mean animal or vegetable waste solids resulting from
the handling, preparation, cooking or consumption of food.
Shall mean all solid waste material which does not burn.
Shall mean garbage and noncombustible waste solids.
Shall mean garbage, refuse, and other discarded materials
resulting from industrial, commercial and agricultural operations,
and from domestic and community activities, and shall include all
other waste materials including liquids disposed of incident thereto,
except it shall not include solid animal and vegetable wastes collected
by swine producers licensed by the State Department of Agriculture
to collect, prepare and feed such wastes to swine on their own farms.
Shall mean the storage, treatment, utilization, processing,
or final disposal of solid waste.
As applied to refuse receptacles shall mean at least one
(1) receptacle for each family unit or other occupant of the premises
for which the receptacles are provided, and at least two (2) receptacles
for each restaurant, market, store or similar business establishment
where refuse accumulates.
As applied to refuse receptacles shall mean a watertight
metal receptacle with a tight-fitting cover which is so constructed
as to prevent the spilling or leaking of its contents.
Shall mean any bulky household items such as appliances,
furniture, mattresses, building materials, and any similar materials.
[1979 Code § 13-1.2; New; Ord.
No. 52-25 § 1]
The provisions of this chapter shall be enforced by The Linden
Police Department, the Board of Health and/or the Department of Public
Works, which entities shall be empowered to issue summonses returnable
in Linden Municipal Court for violations thereof.
[1979 Code § 13-2]
a.
All persons shall gather together or cause to be gathered together
all garbage, offal, refuse, rubbish and waste that may accumulate
on the premises occupied by that person, and shall store or cause
to be stored such material in closed containers in order to prevent
it from being scattered about, emanating odors or breeding flies or
other insects.
b.
No person shall throw or disperse, or permit the throwing or dispersal
of, garbage, offal, refuse and waste upon any lot, street or sidewalk,
or any place other than provided in this chapter.
c.
Garbage, offal, refuse, rubbish and waste shall be stored so as to
prevent domestic animals and the wind from throwing and dispersing
it. The dispersal of garbage and refuse by domestic animals or by
the wind shall be no defense in any action charging the violation
of this chapter.
[1979 Code § 13-3; Ord. No. 26-22 § 1; Ord. No. 52-62 § 1; Ord. No. 59-25]
In collection districts designated by the Public Works Division to receive automated garbage collection, the garbage, offal, refuse and waste as provided in subsection 16-2.2 shall be placed in City-issued carts. Carts shall be placed at the edge of the roadway, at the curb with the front facing the street. The carts shall be placed free from obstruction of any type as to interfere with the operation of the system as designed or obstruct the lifting and dumping of the cart by the truck operator. The cart shall not exceed 300 pounds when filled.
a.
Additional Automated Cart Fee. There shall be a fee of $60 charged
for the rental of one (1) additional City-issued container or cart
per residential unit. The cart shall at all times remain the property
of the City and shall stay with the property in the event the owner/lessee
of that property moves and/or sells their home. In the event the owner
of the property sells their home, it is the responsibility of the
seller to ensure that the cart remains with that property. If said
cart is removed or otherwise damaged the fee to replace it shall be
$60.
[1979 Code § 13-4; New]
All boxes, crates, cartons and similar containers, whether of
wood or paper, and wrappings shall be flattened and securely fastened
or tied together in order to require a minimum amount of space on
the vehicle collecting the garbage and refuse. All papers shall be
securely tied to prevent them from scattering. No person shall place
any boxes, crates, cartons and similar containers, whether of wood
or paper, and wrappings of any kind in the street unless they are
treated in the manner stated above and placed near the curbline for
collection.
No concrete, asphalt, slat, brick, block, stone, or building
materials or truck and equipment tires will be collected by the City.
Disposal of same is the responsibility of the resident or property
owner in the manner prescribed by law.
All materials for collection shall be placed between the sidewalk
and the curb before 7:00 a.m. on the date of collection, as set forth
in the schedule to be maintained and disseminated by the Public Works
Department.
a.
No oil based paints, varnishes, corrosives, cleaners, pool chemicals,
pesticides, herbicides, caustics, solvents, thinners, fluorescent
bulbs, motor oil, antifreeze, full aerosol cans, propane tanks, car
batteries, fire extinguishers or thermostats will be collected by
the City. Disposal of same is the responsibility of the resident or
property owner in the manner prescribed by law, including but not
limited to drop off centers provided by the Union County Utilities
Authority.
[1979 Code § 13-5; New; Ord. No.
59-25]
a.
The garbage, offal, refuse, rubbish, and waste treated in the manner
stated in this section shall be placed inside the collection cart
which shall be placed near the curbline or other designated area before
6:00 a.m. of a scheduled day but in no case before 5:00 p.m. the day
before collection so as to be easily collected from the roadway or
other area but in a manner so as to not interfere with persons using
sidewalks and roadways. Empty carts shall be removed following the
collection so that they do not remain at or near the curbline or other
designated area past 6:00 a.m. the day after collection.
b.
All persons shall gather together any leavings following a collection
of garbage until the next collection in the manner described herein.
c.
The City shall not collect oil-based paints and varnishes; corrosives
and cleaners; pool chemicals; pesticides and herbicides; caustics;
solvents and thinners; fluorescent bulbs; motor oil; anti-freeze;
aerosol cans; propane tanks; car batteries; fire extinguishers and
thermostats, the UCUA provides special drop-off centers throughout
Union County six (6) times a year. It is the homeowner's responsibility
to bring these materials to the drop-off center.
d.
No trash generated by a contractor performing work will be collected
by the City. It is the contractor's obligation to dispose of
such materials notwithstanding whether the contractor or the property
owner obtained the necessary permit.
No garbage, trash, or recyclables will be collected from any
apartment, condominium, town house, or garden apartment complex currently
serviced by a private container service. If collection services are
requested from the City, any private hauler's containers must
be removed prior to the City commencing such services. Further, any
such apartment complex, condominium, town house, or garden apartment
must comply with Department of Public Works rules and regulations
and New Jersey State Statute and Administrative regulations concerning
curbside placement of garbage, trash and recycling materials. The
managing agent will be deemed responsible for tenant compliance with
all such applicable laws and regulations.
All resident and nonresident owners of any property within the
City of Linden shall remain responsible for compliance by tenants
with respect to all applicable statutes, regulations and ordinances
of the City of Linden. All nonresident property owners shall provide
the Tax Collector of the City of Linden with a daytime and evening
telephone number as well as their current address.
[1979 Code § 13-5A; Ord. No. 25-22 § 1; Ord. No. 25-37 § 1; Ord. No. 25-52 § 1; Ord. No. 30-29 § 1; Ord. No. 51-51 § 1; Ord.
No. 53-36 § 1]
It shall be unlawful for owners, operators, agents, servants
or employees of heavy and light industries, motels, gasoline service
stations, public garages, and contractors or their agents, servants,
employees, and subcontractors performing services at residential dwellings
to place any garbage, offal, refuse, rubbish, waste, trash, boxes,
containers, cartons and papers on any roadway or other public areas
for collection by the City. Instead, they shall provide for their
own private refuse and trash removal at their own cost and expense.
All apartment complexes, condominiums, townhouses or garden
apartments constructed pursuant to a permit by the Construction Code
Department or a variance from the Planning Board, which permit or
variance required a private container service to remove garbage, refuse,
rubbish, waste, boxes, containers, cartons, papers and trash from
such premises shall continue to dispose of such waste in the same
manner, and nothing in this section shall be construed to, in any
way, alter the responsibility of such premises to so provide for garbage
and trash removal.
The City realizes that under certain instances, private carting
or container service may be an untenable solution due to logistic
limitations. In recognition of these instances, any only with the
Linden Department of Public Works Superintendent or his designee's
prior consent commercial wholesale or retail establishments shall
be permitted, for the purpose of garbage removal, a maximum of either
six thirty-two-gallon garbage cans or six plastic bags. Cans or bags
must be devoid of all recyclable items and maximum weight shall not
exceed 50 pounds. Any waste exceeding this established six items limit
per collection day shall be subject to a fee to be determined by the
Superintendent or his designee. This fee shall be nonnegotiable and
binding and shall be based upon fair market value or price.
There will be no collection of trash from commercial establishments.
[1979 Code § 13-6]
No person shall remove or disturb any garbage, offal, refuse,
rubbish, waste, containers, boxes, cartons, wrappings and papers unless
he is the owner or has authority from the owner or the City, and unless
any such material not removed is left in the position and condition
required by this chapter.
[1979 Code § 13-7]
No person unless authorized by the Department of Public Works
shall dispose of, deposit or place any garbage, refuse or waste of
any kind on any lands or premises now or hereafter owned, leased or
otherwise possessed or controlled by the City for garbage, refuse
and waste disposal. No person, other than a person authorized by the
Department of Public Works, shall enter upon or make any use of such
premises.
[1979 Code § 13-8]
All trash and garbage collected within or without the City and
disposed of within the City shall be disposed of by the sanitary landfill
or incinerator method in accordance with the standards for design,
operation and maintenance of sanitary landfills and incinerators contained
in the State Sanitary Code.
[1979 Code § 13-9; Ord. No. 22-49 § 1]
No person or firm, agent, municipal authority, municipality,
regional authority, county or other political subdivision, shall dump,
store, treat, utilize, process or finally dispose of solid waste,
or use any land, public or private, in the City, for solid waste disposal,
nor shall they be permitted to operate a transfer station for transferring
trash, garbage or solid waste in the City, without the authorization
and consent of the Planning Board, and Governing Body of the City.
[Ord. No. 57-25; Ord. No. 57-58; deleted by Ord. No. 61-50]
[1979 Code §§ 26-3–26-7.1; Ord. No. 26-12 § 1; Ord.
No. 28-30 § 1; Ord. No.
30-28 § 1; New; Ord. No.
51-51 § 1; Ord. No. 53-36 § 1; amended 12-21-2010 by Ord. No. 54-84]
As used in this section, the following terms shall have the
meanings indicated:
Retail, wholesale, restaurants, taverns, schools, institutions
- including government, warehouses, construction sites, factories,
offices, etc., but specifically excludes fairs, parks, concerts, and
other outdoor events.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
A subset of electronic waste which shall include only the
following: a computer central processing unit of a laptop computer
or desktop computer, 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.
Those materials designated below that shall be source-separated
for the purpose of recycling. These materials include:
Designated materials for residential waste generators:
|
Aluminum, tin, steel
|
|
Corrugated cardboard
|
|
Glass containers
|
|
Grass, brush, leaves
|
|
Household batteries
|
|
Leaves
|
|
Mixed paper
|
|
Motor oil
|
|
Motor oil filters
|
|
Newspaper
|
|
Office paper
|
|
Plastic containers (No. 1 and No. 2)
|
|
Tires
|
|
Vehicle batteries
|
|
White goods (air conditioners, refrigerators)
|
|
Wood
|
Source separation and recycling requirements for commercial,
institutional and industrial waste generators:
|
Aluminum, tin, and steel
|
|
Computers and peripherals
|
|
Corrugated cardboard
|
|
Fluorescent bulbs
|
|
Glass, containers
|
|
Grass, brush, leaves
|
|
Household batteries
|
|
Leaves
|
|
Mixed paper
|
|
Masonry (asphalt, brick, block, concrete)
|
|
Motor oil
|
|
Motor oil filters
|
|
Newspaper
|
|
Office paper
|
|
Plastic containers (No. 1 and No. 2)
|
|
Tires
|
|
Vehicle batteries
|
|
White goods (air conditioners, refrigerators)
|
|
Wood
|
(To be included in those instances where a recycling program
has been, or will be, established for these materials for residential
generators or in excess of computers and peripherals which are mandatory
for commercial, institutional and industrial generators. Additionally,
the following definition may be changed to reflect individual municipal
program requirements.) 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.
Any building or structure, or complex of buildings, in which
five 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.).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this section and any rules and regulations which may
be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the City of
Linden.
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.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling including, where applicable, universal waste.
A specific hazardous waste stream that has been designated
by the EPA or those waste streams identified in the New Jersey Universal
Waste Rule (N.J.A.C. 7:26A-7). Only the following materials may be
managed as universal waste:
a.
Mandatory source separation. It shall be mandatory for all persons
who are owners, tenants, or occupants of residential and nonresidential
premises, which shall include, but not be limited to, retail and other
commercial locations, as well as government, schools and other institutional
locations within the City of Linden, to separate designated recyclable
materials from all solid waste. Designated recyclable materials shall
be deposited separate and apart from other solid waste generated by
the owners, tenants, or occupants of such premises and shall be placed
separately at the curb or other location(s) in a manner and on such
days and times as may be hereinafter established by regulations promulgated
by the City of Linden, Division of Recycling.
b.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source-separation
requirements of the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source-separate from
the municipal solid waste stream the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this section, a commercial or institutional generator of solid
waste shall file an application for exemption with the Municipal Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address, location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the Municipal Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
The collection of recyclable material shall be in the manner
prescribed as follows:
a.
All containers and brown paper bags containing recyclable materials
shall be placed, prior to collection, between the curb and the sidewalk
or, in the absence of curb and sidewalk, as near to the street as
not to constitute a danger, where such receptacles shall be readily
accessible to the collector without providing obstruction to pedestrians.
The owner or occupant of the premises shall keep all receptacles clean
and in safe handling condition. Receptacles or other items to be disposed
of shall be placed as noted above anytime after 5:00 p.m. of the day
immediately preceding the day of collection, but no later than 6:00
a.m. of the day of collection. After collection, any containers shall
be removed from the curbside by no later than 7:00 p.m. of the day
of collection.
b.
All receptacles or dumpsters shall be maintained in accordance with
the Health Code of the City of Linden. (If no health code exists for
this, ordinance can indicate that all containers shall be kept clean
and in a safe manner.)
a.
The owner of any residential property shall be responsible for compliance
with this section. Citizens are responsible for source-separating
mandated items according to this section and delivering them to the
municipal collection system (whether curbside collection, bulk center
or drop-off center). These items must be source-separated; no mandated
recyclables are permitted in the garbage put out for collection; no
garbage is permitted in recyclables placed in the municipality's
collection system.
b.
For multifamily units, the owner or manager is responsible for the
following:
1.
The property owner/management is responsible for ensuring that a
recycling system is established and that it is operated in compliance
with the requirements of this section. The property owner/management
is responsible for setting up and maintaining the recycling system.
The property owner/management is responsible for receiving and responding
to warnings, notices of violation, and penalty assessments and for
correcting violations. The property owner/management will be expected
to correct violations promptly and to make necessary direct contacts
with residents.
2.
Drop-off centers (bulk centers), if in use, must be established and
maintained so that they are conveniently accessible to residents.
Curbside collection may be made available in place of, or in conjunction
with, these drop-off centers. The recycling system must provide for
all designated recyclables in the residential waste stream. The recycling
system may utilize separate containers for each recyclable material,
or it may provide for two or more materials to be placed in one container
provided the recycling hauler can take the materials commingled. Containers
must be clearly marked and the area neatly maintained. Container capacity
must be adequate to hold the amount of materials generated between
pick-ups. It must be clear to an inspector that the system is being
serviced.
3.
It must be clear that the system is being used properly by employees
and tenants. There must not be garbage in the recycling containers
or recyclables in the garbage containers. The property owner/management
is responsible for resolving problems which may arise from the improper
use of containers and for training employees and tenants to property
understand and use the recycling system.
4.
Notification and collection rules shall be issued by the management
to new tenants when they arrive and to all residents every three months.
Copies of these notices, or other proof of distribution of the notices,
must be sent to the Municipal Recycling Coordinator at the time of
each mailing or distribution.
5.
The property owner/management is responsible for arranging to have
recyclables picked up and for resolving any problems with the transporter
of recyclables.
6.
The property owner/management must arrange to obtain documentation
in order to report the tonnages of materials recycled at least once
per year (or as specified by the municipality) or else he/she must
arrange to have the collector provide that documentation directly
to the municipality. Arrangements with recycling companies or with
haulers handling recyclables should include provisions for obtaining
this information. Documentation must be maintained by the management.
When the municipality provides recyclables collection service, reporting
and proof are not needed.
7.
Single-/ dual-stream recycling. Multifamily locations may opt to
collect their recyclables in a single stream or dual stream (fiber,
commingled), provided the material recovery facility (MRF) that receives
the material has certified that it has the ability to separate and
maximize the capture rate of the designated recyclables. The UCUA
Division of Solid Waste Management will compile and maintain an updated
list of those facilities.
a.
The owner/operator (or in case of construction, the contractor) is
responsible for ensuring that a recycling system is established and
that it is operated in compliance with the requirements of this section.
The owner/operator/contractor is responsible for setting up and maintaining
the recycling system. The owner/operator/contractor is responsible
for receiving and responding to warnings, notices of violation, and
penalty assessments and for correcting violations promptly.
b.
The recycling system must be established and maintained so that it
is conveniently accessible to users. The recycling system must provide
for all designated recyclables in the commercial/institutional waste
stream. The recycling system may utilize separate containers for each
recyclable material, or it may provide for two or more materials to
be placed in one container provided the recycling hauler can take
the materials commingled. Containers must be clearly marked and the
area neatly maintained. Container capacity must be adequate to hold
the amount of materials generated between pick-ups. It must be clear
to the inspector that the system is being serviced.
c.
The owner/operator/contractor must ensure that the system is being
used property by employees, customers or tenants. There must not be
garbage in the recycling containers or recyclables in the garbage
containers. The owner/operator/contractor is responsible for resolving
problems which may arise from the improper use of containers and for
instructing employees, tenants, and customers to understand and use
the recycling system.
d.
If patrons, customers or employees are involved in the waste disposal
process (i.e., fast-food stores or company cafeteria), the recycling
system must allow for this and include notice to customers as to their
responsibilities.
e.
The owner/operator/contractor is responsible for arranging for recyclables
to be removed from the premises and for assuring that they go into
the recyclables market. The owner/operator/contractor may make arrangements
to deliver the recyclables to the municipal collection system (drop-off
center or curbside collection) if permitted by the municipality. Otherwise,
the owner/operator/contractor is responsible for arranging to have
recyclables picked up and for resolving any problems with the transporter
of recyclables.
f.
The owner/operator/contractor must arrange to obtain documentation
in order to report the tonnages of materials recycled at least once
per year (or as specified by the City), or else he/she must arrange
to have the collector provide that documentation directly to the municipality.
g.
Single-/ dual-stream recycling. Commercial and institutional establishments
may opt to collect their recyclables in a single stream or dual stream
(fiber, commingled), provided the material recovery facility (MRF)
that receives the material has certified that it has the ability to
separate out and maximize the capture rate of the mandated recyclables.
The UCUA Division of Solid Waste Management will compile and maintain
an updated list of those facilities.
h.
Recycling containers. Commercial and institutional establishments
that have outdoor garbage containers for their customers must also
have outdoor recycling containers. There must be sufficient recycling
containers for any mandated recyclables in the commercial/institutional
waste stream.
i.
All schools must provide written notice at the beginning of each
school year to all students, teachers, and other staff on the recycling
requirements. The notice must contain a contact number to call if
they observe any problems associated with recycling or if recycling
is not properly occurring.
j.
Single-stream recycling of mixed classes of construction recyclables.
Construction/demolition sites may opt to collect all recyclables in
one container, provided there are no other materials (including garbage)
in that container. To qualify for this provision, recyclables must
go to a transfer station/MRF that is properly permitted by the New
Jersey Department of Environmental Protection and has certified that
it has the ability to separate out and maximize the capture rate of
the mandated materials. The specific materials that may be commingled
together will be determined by the provisions in the receiving transfer
station/MRF's permit.
k.
All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle grease and/or cooking oil created in the processing
of food or food products and maintain such records as may be prescribed,
for inspection by any code enforcement officer.
a.
The organizer/owner/contractor of the location must provide a recycling
system that is operated in compliance with the requirements of this
section.
b.
The recycling system must provide for any mandated recyclables generated
at the event. It must be clear to an inspector that the system is
being serviced: i.e., containers must be clearly marked and the area
neatly maintained; there must not be garbage in the recyclables or
recyclables in the garbage; and container capacity must be adequate
to hold materials between pick-ups. There must be sufficient recycling
containers for any mandated recyclables generated at the event.
c.
The organizer/owner/contractor of the location is responsible for
arranging for recyclables to be removed from the premises and for
ensuring that they are taken to an approved recyclables market. The
owner/operator/contractor may make arrangements to deliver the recyclables
to the municipal collection system (drop-off center or curbside collection)
if permitted by the municipality. Otherwise, the owner/operator/contractor
is responsible for arranging to have recyclables collected and transported
and for resolving any problems with the transporter of the recyclables.
d.
The recycling system must be made accessible and available to all
patrons, customers, and employees. Notice/signs must be provided to
ensure all are aware of their responsibilities.
e.
The owner/operator/contractor of the location is responsible for
obtaining pertinent documentation in order to report the tonnages
of materials recycled at least once per year (or as specified by the
City), or else he/she must arrange to have the collector provide that
documentation directly to the municipality.
f.
Single-/dual-stream recycling. The recycling system may utilize separate
containers for each recyclable material, or it may provide for two
or more materials to be placed in one container. Establishments may
opt to collect their recyclables in a single stream or dual stream
(fiber, commingled), provided the MRF that receives the material has
certified that it has the ability to separate out and maximize the
capture rate of the mandated recyclables.
a.
Any application to the Planning Board of the City of Linden for subdivision
or site plan approval for the construction of 25 or more units of
multifamily residential housing, single-family developments of 50
or more units, or any commercial, institutional, or industrial development
proposal for the utilization of 1,000 square feet or more of land
must include a compliant recycling plan. This plan must contain, at
a minimum, the following:
1.
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development.
2.
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
b.
Prior to the issuance of a certificate of occupancy by the City of
Linden, the owner of any new multifamily housing or commercial, institutional,
or industrial development must supply a copy of a duly executed contract
with a hauling company for the purposes of collection and recycling
of source-separated recyclable materials in those instances where
the municipality does not otherwise provide this service.
c.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
a.
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with, or contains visible signs of, designated
recyclable materials. It is also unlawful for solid waste collectors
to remove for disposal those bags or containers of solid waste which
visibly display a warning notice sticker or some other device indicating
that the load of solid waste contains designated recyclable materials.
b.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this section and the local sanitary
code.
c.
Once placed in the location identified by section, or any rules or
regulations promulgated pursuant to this section, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
The Code Enforcement Official, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, the Housing
Officer, the Union County Office of Health Management and the Union
County Utilities Authority are hereby individually and severally empowered
to enforce the provisions of this section. An inspection may consist
of, but is not limited to, sorting through containers and opening
of solid waste bags to detect, by sound or sight, the presence of
any recyclable material.
a.
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this section or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250 nor more than $1,000. Each
day on which a violation of this section occurs shall be considered
a separate offence.
[Note: municipalities are empowered to incorporate the provisions
of N.J.S.A. 40:49-5 into their ordinance. This provision may be viewed
at the New Jersey legislative website.]
b.
Fines levied and collected pursuant to the provisions of this section
shall be immediately deposited into the Municipal Recycling Trust
Fund (or equivalent). Monies in the Municipal Recycling Trust Fund
shall be used for the expenses of the City of Linden recycling program.
a.
In the event that it is determined, by a court of competent jurisdiction, that any provision or section of this § 16-12 is unconstitutional, all other sections and provisions shall remain in effect.
b.
This section shall take effect immediately, unless otherwise provided
by resolution of the governing body.
[1]
Editor's Note: Prior ordinance history includes portions
of 1979 Code §§ 26-8.1—26-8.3 and Ordinance No.
26-16.
[Ord. No. 49-83 § I]
The purpose of this section is to establish a yard waste collection
and disposal program in the City of Linden, so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
[Ord. No. 49-83 § 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 section 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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
Shall mean leaves and grass clippings.
[Ord. No. 49-83 § 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. 49-83 § IV]
The provisions of this section shall be enforced by the Police
Department and the Department of Public Works of the City of Linden.
[Ord. No. 49-83 § 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 $2,500, imprisonment
in the County jail up to ninety (90) days, or ninety (90) days community
service in the discretion of the Municipal Judge.
[Ord. No. 49-79 § I]
The purpose of this section is to establish requirements for
the proper handling of yard waste in the City of Linden, so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. No. 49-79 § 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 section 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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
Shall mean leaves and grass clippings.
[Ord. No. 49-79 § III]
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste,
unless the yard waste is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible
for placement of yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
[Ord. No. 49-79 § IV]
The provisions of this section shall be enforced by the Police
Department and Department of Public Works of the City of Linden.
[Ord. No. 49-79 § 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
$1,250, imprisonment in the County jail up to ninety (90) days, or
ninety (90) days community service in the discretion of the Municipal
Judge.
[Ord. No. 59-25]
Any person(s) who is found to be in violation of the provisions of this chapter shall be liable to the penalty stated in Chapter 1, Section 1-5 of the City Code. Additionally, any person, firm or corporation that violates or neglects to comply as aforesaid shall be subject to denial of receipt of any refuse collection services from the City, as well as any and all other legal remedies available to the City, until such time as the violation of neglect has ceased.
