[HISTORY: Adopted by the Mayor and Council of the Borough
of Mount Arlington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-19-1990 by Ord. No. 90-20; amended 3-15-1995 by Ord. No. 95-1; 3-19-1997 by Ord. No. 97-4; 7-8-2002 by Ord. No. 02-23; 12-13-2004 by Ord. No. 23-04. Amended in its entirety 10-13-2008 by Ord. No. 14-08]
[Amended 4-28-2011 by Ord. No. 07-11]
The purpose of this amended Article I and other recycling requirements is to continue to implement a recycling plan in the Borough of Mount Arlington consistent with the Morris County Solid Waste Management Plan and to implement the New Jersey Waste Electronics Recycling Act, N.J.S.A. 13:1E-99.94.
Shall include, but not be limited to, plastic tables, benches,
chairs, riding toys, doll houses, sand boxes, shelving, five gallon
pails, car seats and Tyco products.
[Added 9-4-2012 by Ord.
No. 11-12]
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling;
Those materials designated within the Morris County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include, but are not limited to the
following list. A more detailed list of materials may be found on
the Morris County Municipal Utilities Authority website located at
www.MCMUA.com.
[Amended 4-28-2011 by Ord. No. 07-11]
ALUMINUM CANSCans made from aluminum that was manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.
BRUSHBranches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
CORRUGATED CARDBOARDShipping containers made with kraft paper linerboard and corrugated medium.
GLASS BOTTLES AND JARSBottles and jars made from glass including clear, brown and green glass. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. A jar is defined as a wide mouthed container that can be capped. Caps and lids not included. Specifically omitted from this definition are drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex® or ceramic.
GRASS CLIPPINGSVegetative material generated when grass (lawns) are cut.
HAZARDOUS DRY CELL BATTERIESRechargeable batteries, such as nickel-cadmium, nickel-iron, nickel metal hydride, lithium ion, small sealed lead acid, etc. These are often used as substitutes for nonrechargeable batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls, toys, etc. Also included in this definition are nonrechargeable batteries that are hazardous as defined by the Resource Conservation Recovery Act ("RCRA"), regardless of the RCRA exclusion of household waste from the definition of hazardous waste pursuant to 40 C.F.R. 261.4(b). Nonrechargeable, hazardous batteries include older alkaline and carbon zinc batteries as well as silver oxide, mercury and magnesium button-type batteries, etc. It should be noted that domestically manufactured alkaline and carbon zinc nonrechargeable batteries made after circa 1994 eliminated mercury content to the point that they should not be considered RCRA hazardous and therefore are not included in this material category.
LARGE RIDGE PLASTICSHarder and thicker plastics than the plastic bottles. Large plastic toys, laundry baskets, soda and milk crates, plastic pet carriers, kitty litter buckets, plastic storage containers, plastic garbage and recycling containers, empty and dry plastic paint cans, plastic shelving, plastic outdoor furniture without PVC pipes, five gallon buckets without metal handles.
[Added 9-3-2013 by Ord.
No. 08-13]
LEAD-ACID BATTERIESStorage batteries in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. These include starting batteries such as car batteries that deliver a short burst of high power to start the engine. In addition, they may include deep cell batteries found on boats or campers used to power accessories like trolling motors, winches or lights.
LEAVESVegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.
METAL APPLIANCESAppliances composed predominantly of metal, and may include stoves, washing machines and dryers, for example, if the appliance is predominantly metal. Also included are air conditioners, refrigerators and dehumidifiers if they are predominantly metal. If these appliances on the latter list contain refrigerants that are prohibited by the Clean Air Act from being knowingly vented, the refrigerant must be recovered accordingly.
MIXED PAPERVarious categories of recyclable paper including, but not limited to white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogues, envelopes, soft cover books.
NATURAL WOOD WASTELogs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
NEWSPAPERA publication containing news, information and advertising, usually printed on low-cost paper called newsprint. Newspaper may include glossy inserts which come with the paper, dependent upon the market conditions at the time.
OIL-CONTAMINATED SOILNonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, #4 & #6 heating oils and certain other refinery products including coal tar). This type of soil shall be determined to be nonhazardous in accordance with the standards set forth in N.J.A.C. 7:26.
PLASTIC BOTTLES (CODED 1, 2, 4, 5 AND 7)Plastic bottles coded to indicate that they are comprised of the specific types of plastic compounds (polymers) known as polyethylene terephthalate (PETE) or high density polyethylene (HDPE). See symbols below. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. Caps and lids not included. Any item made of plastic that is not a bottle, and any plastic bottle without one of the symbols shown to the left is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc. should not be recycled.
[Amended 9-3-2013 by Ord.
No. 08-13]
STEEL (TIN) CANSAn air-tight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
USED MOTOR OILMotor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
WHOLE TIRES*Tires that are whole, not chipped into small pieces.
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* Tires are allowed to be recycled and /or incinerated for energy
recovery.
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Supervisor of the Department of Public Works appointed by
the Borough to fulfill the requirements of the Morris County Solid
Waste Management Plan and the New Jersey Statewide Mandatory Source
Separation and Recycling Act and those rules and regulations promulgated
therefore.
The Borough Health Officer and the Borough Recycling Coordinator
who shall fulfill the responsibilities with respect to recycling enforcement
coordination detailed in the March 2007 Morris County Solid Waste
Management Plan Amendment at Section 8.6.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Borough
of Mount Arlington which is not bulky waste or construction and demolition
debris.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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.
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 Borough of Mount Arlington, 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. Designated
recyclable materials shall be placed separately at the curb in a manner
and on such days and times as may be hereinafter established by regulations
promulgated by the borough.
B.
Exemptions: Pursuant to N.J.S.A. 13:1E-99.16.6.(d), the borough may
exempt persons occupying commercial or institutional premises within
its municipal boundaries from the source separation requirements of
the Article 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 chapter,
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 Borough Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
As set forth in N.J.S.A. 13:1E-99.13.3.b.(4)(c), the Borough
of Mount Arlington accepts the goal of 50% recycling of borough solid
waste by 2015 and shall monitor its level of recycling and solid waste
disposal and shall strive to achieve the recycling of 50% of the municipal
solid waste generated within its borders.
A.
Separation of designated recyclable materials and required practices
for residential users. The recyclable materials stated herein must
be separate from other solid waste and must conform to the following
regulations:
(1)
The owner or occupant of the premises shall keep clean and in safe
handling condition all glass bottles and jars, aluminum cans, plastic
bottles (coded 1, 2, 4, 5 and 7), and steel (tin) cans, which may
be commingled, shall be reasonably cleaned and stored in standard
solid waste containers. All containers and brown paper bags shall
be placed, prior to collection, at curbside or as near to the street
to be readily accessible to the collector without providing obstruction
to pedestrians. Receptacles or other items to be disposed of shall
be placed as noted above any time 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 container shall be removed
from the curbside by no later than 7:00 p.m. of the day of collection
in accordance with the schedule adopted and advertised by the borough,
or they may be deposited in designated areas of the Borough Recycling
Center during designated hours.
[Amended 9-3-2013 by Ord.
No. 08-13]
(2)
(Reserved)
(4)
Newspapers shall be compacted and tied securely in bundles not exceeding
50 pounds in weight and 12 inches in height. All bundles shall be
deposited at curbside in accordance with the schedule adopted and
advertised by the borough, or bundles may be deposited in designated
areas of the Borough Recycling Center during designated hours.
(5)
Office paper shall be bundled in the same manner as newspaper or
corrugated cardboard and deposited in designated areas of the Recycling
Center during designated hours.
(6)
Corrugated cardboard and paperboard shall be flattened and tied into
bundles not to exceed 50 pounds or 12 inches in height. Bundles are
to be deposited at curbside in accordance with the schedule adopted
and advertised by the borough, or bundles may be deposited in designated
areas of the Borough Recycling Center during designated hours.
(7)
Magazines shall be tied into bundles not to exceed 50 pounds in weight
or 12 inches in height. The bundles are to be place at curbside in
accordance with the schedule adopted and advertised by the borough,
or bundles may be deposited in designated areas of the Borough Recycling
Center during designated hours.
(8)
Yard waste.
(a)
Definitions. For the purposes of this subsection, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this chapter clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word 'shall" is
always mandatory and not merely directory.
[1]
CONTAINERIZED — 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 storm water.
[2]
PERSON — Any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
[3]
STREET — 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.
[4]
YARD WASTE — Leaves, brush, and grass clippings.
(b)
Leaves. The borough, through a qualified contractor hired by
the borough, will either collect leaves which are bundled in bags
and placed at the curb during autumn months, or leaves may be bundled
in bags and deposited in designated areas of the Borough Recycling
Center. A collection schedule shall be published in the official borough
calendar provided to each resident.
(c)
Brush and branches. The borough, through a qualified contractor
hired by the borough, will collect any residential brush and branches
during the spring and/or fall of each year. All brush and branches
must be cut and tied into manageable bundles, not to exceed four feet
in length, and placed at curbside. A collection schedule shall be
published in the official borough calendar provided to each resident.
Untied branches and brush will not be picked up.
(d)
Grass clippings. Grass clippings shall be brought to the Borough
Recycling Center or placed in brown paper bags and left at curbside.
(e)
Prohibited conduct. 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.
(9)
Batteries. Only household batteries are to be deposited in the Borough
Recycling Center.
(10)
(Reserved)
B.
Separation of designated recyclable materials and required practices
for commercial and institutional establishments.
(1)
All commercial establishments, whether for profit or nonprofit, and all public and private institutional users shall be required to source-separate all designated materials (glass bottles and jars, aluminum cans and steel (tin) cans, newspaper, mixed paper, corrugated cardboard, and leaves, grass clippings, brush, natural wood waste, used motor oil, oil-contaminated soil, whole tires, lead-acid batteries, hazardous dry cell batteries and plastic bottles (coded 1 and 2), metal appliances) for recycling. It shall be the responsibility of the commercial and/or institutional establishment to establish its own programs for the collection, transportation and marketing of the designated recyclable materials. Documentation of the tonnage of materials recycled is to be submitted to the borough in accordance with Section 144-7C.
(2)
Recycling programs for commercial and/or institutional establishments
shall be arranged with private haulers or vendors. These establishments
may obtain information from the Borough Recycling Coordinator or his/her
designee in complying with this requirement. It is the responsibility
of the commercial or institutional user to determine and notify the
borough in writing that its hauler, contractor and/or vendor is properly
licensed and insured and, in the case of used motor oil haulers, that
such haulers have all necessary DEP (New Jersey Department of Environmental
Protection) permits and/or licenses.
C.
The hours of operation of the Borough Recycling Center are posted
at the gate to the Recycling Center and shall be advertised annually
in the official newspaper. No person, firm, corporation or institution
shall be permitted to utilize the Recycling Center except borough
residents and only during regularly scheduled hours of operation.
The owner of any property shall be responsible for compliance
with this Article. For multifamily units, the management or owner
is responsible for setting up and maintaining the recycling system,
including collection of recyclable materials, in accordance with guidelines
or regulations established by the Borough Recycling Coordinator. Violations
and penalty notices will be directed to the owner or management, in
those instances where the violator is not easily identifiable. The
management shall issue notification and collection rules to new tenants
when they arrive and every six months during their occupancy.
A.
All nonresidential generators, including commercial, industrial and
institutional establishments, of solid waste shall be required to
comply with the provisions of this Article.
B.
All commercial, institutional or industrial properties which provide
outdoors litter receptacles and disposal service for their contents
shall also provide receptacles for designated recyclable materials,
for those materials commonly deposited, in the location of the litter
receptacle, and shall provide for separate recycling service for their
contents.
C.
All nonresidential facilities and their private haulers shall report
on an annual basis to the Borough Recycling Coordinator, on such forms
as may be prescribed, on recycling activities at their premises, including
the amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service.
D.
All food service establishments, 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.
[Added 5-17-2011 by Ord.
No. 07-11]
A.
Purpose. The borough and its residents shall comply with the New
Jersey Waste Electronics Recycling Act, a copy of which is incorporated
at length herein. The New Jersey Waste Electronics Recycling Act,
N.J.S.A. 13:1E-99.94, effective January 1, 2011, requires that any
applicable electronic devices and component parts as defined in N.J.S.A.
13:1E-99.94 et seq., as solid waste, must be recycled and not disposed
of in the garbage.
B.
Applicable and important sections for the borough and its residents.
(1)
N.J.S.A. 13:1E-99.109, Used covered electronic device, disposal as
solid waste prohibited. Section 16. On and after January 1, 2011,
no person shall knowingly dispose of a used covered electronic device,
or any of the components or subassemblies thereof, as solid waste.
(2)
N.J.S.A. 13:1E-99.110, Enforcement; violations, penalties, Section
17.
(a)
The State, including the Attorney General and the department, shall be authorized to initiate independent action to enforce any provision of this act, including failure by a manufacturer to remit the registration fee required pursuant to section 3 of P.L. 2007, c. 347 (C. 13:1E-99.96) or section 9 of P.L. 2007, c. 347 (C. 13:1E-99.102), or any fee required pursuant to subsection b of section 18 of P.L. 2007, c. 347 (C. 13:1E-99.111) to the department. Any funds awarded by the court shall be used first to offset enforcement expenses. Money in excess of the enforcement expenses. Money in excess of the enforcement expenses shall be deposited into a separate account, and shall be dedicated for use by the department solely for the purposes of administering and enforcing the provisions of this act and any rules or regulations adopted pursuant thereto.
(b)
Any person who violates the provisions of this act shall be
subject to a penalty of not less than $500 nor more than $1,000 for
each offense, to be collected in a civil action by a summary proceeding
under the "Penalty Enforcement Law of 1999," P.L. 1999, C. 274 (C.
2A:58-10 et seq.), or in any case before a court of competent jurisdiction
wherein injunctive relief has been requested. The Superior Court shall
have jurisdiction to enforce the provisions of the "Penalty Enforcement
Law of 1999" in connection with this act.
If the violation is of a continuing nature, each day during
which it continues constitutes an additional, separate, and distinct
offense.
The department may institute a civil action for injunctive relief
to enforce this act and to prohibit and prevent a violation of this
act, and the court may proceed in the action in a summary manner.
(c)
Violations of the act include, but are not limited to:
[1]
The sale of a new covered electronic device by any person that
is not in full compliance with the provisions of this act;
[2]
The use of a qualified collection program to recycle covered
electronic devices not discarded within the State, or region as provided
in section 19 of P.L. 2007, c. 347 (C. 13:1E-99.112);
[3]
The knowing failure to report or accurately report any data
required to be reported to the department pursuant to this act; and
[4]
The non-payment of any fee required pursuant to this act.
(3)
N.J.S.A. 13:1E-99.16 Municipal recycling system. Section 6. Each
municipality in this State shall, within 24 months of the effective
date of P.L. 2007, c. 311 (C. 13:1E-96.2 et al.), designate one or
more persons as the municipal certified recycling coordinator. For
the purposes of this section, "municipal certified recycling coordinator"
means a person who shall have completed the requirements of a course
of instruction in various aspects of recycling program management,
as determined and administered by the department. Each municipality
shall establish and implement a municipal recycling program in accordance
with the following requirements:
(a)
Each municipality shall provide for a collection system for
the recycling of the recyclable materials designated in the district
recycling plan as may be necessary to achieve the designated recovery
targets set forth in the plan in those instances where a recycling
collection system is not otherwise provided for by the generator or
by the county, interlocal service agreement of joint service program,
or other private or public recycling program operator.
(b)
The governing body of each municipality shall adopt an ordinance
which requires persons generating municipal solid waste within its
municipal boundaries to source separate from the municipal solid waste
stream, in addition to leaves, the specified recyclable materials
for which markets have been secured and, unless recycling is otherwise
provided for by the generator, places these specified recyclable materials
for collection in the manner provided by the ordinance.
(c)
The governing body of each municipality shall, at least once
every 36 months, conduct a review and make necessary revisions to
the master plan and development regulations adopted pursuant to P.L.
1975, c. 291 (C. 40:55D-1 et seq.), which revisions shall reflect
changes in federal, state, county and municipal laws, policies and
objectives concerning the collection, disposition and recycling of
designated recyclable materials.
The revised master plan shall include provisions for the collection,
disposition and recycling of recyclable materials designated in the
municipal recycling ordinance adopted pursuant to subsection (b) of
this section, and for the collection, disposition and recycling of
designated recyclable materials within any development proposal for
the construction of 50 or more units of single-family residential
housing or 25 or more units of multi-family residential housing and
any commercial or industrial development proposal for the utilization
of 1,000 square feet or more of land.
(d)
The governing body of a municipality may exempt persons occupying
commercial and institutional premises within its municipal boundaries
from the source separation requirements of the ordinance adopted pursuant
to subsection (b) of this section if those persons have otherwise
provided for the recycling of the recyclable materials designated
in the district recycling plan from solid waste generated at those
premises. To be eligible for an exemption pursuant to this subsection,
a commercial or institutional solid waste generator annually shall
provide written documentation to the municipality of the total number
of cartons recycled.
(e)
The governing body of each municipality shall, on or before
July 1 of each year, submit a recycling tonnage report to the New
Jersey Office of Recycling in accordance with rules and regulations
adopted by the department therefor.
(f)
The governing body of each municipality shall, at least once
every six months, notify all persons occupying, residential, commercial,
and institutional premises within its municipal boundaries of local
recycling opportunities, and the source separation requirements of
the ordinance. In order to fulfill the notification requirements of
this subsection, the governing body of a municipality may, in its
discretion, place an advertisement in a newspaper circulating in the
municipality, post a notice in public places where public notices
are customarily posted, include a notice with other official notifications
periodically mailed to residential taxpayers, or any combination thereof,
as the municipality deems necessary and appropriate.
The governing body of a municipality that adopts a recycling
ordinance pursuant to subsection (b) of this section may limit the
collection of designated recyclable materials to specified operating
hours in order to preserve the peace and quiet in neighborhoods during
the hours when most residents are asleep.
Any recyclable materials placed at curbside or in the Borough
Recycling Center in accordance with this Article are the property
of the Borough of Mount Arlington and/or its authorized agent. No
person, firm, corporation or institution shall collect, pick up or
cause to be collected or picked up any recyclables placed at curbside,
unless authorized to do so by the Borough of Mount Arlington.
A.
Any person, firm, corporation or institution who is an owner, lessee
or occupant of premises subject to this Article may donate or sell
recyclable materials to any person, partnership, corporation or organization
(whether operating for profit or not for profit), so long as the person,
firm, corporation or institution receiving such recyclable materials
submits documentation to the Municipal Recycling Coordinator pursuant
to this section.
B.
This Article is in no way intended to prohibit the collection of
recyclable materials through recycling drives by charitable organizations
within Mount Arlington. Such organizations may conduct drives to be
held on days other than those designated for collection by the Borough
of Mount Arlington or its designee if:
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 Article and the Borough Solid
Waste Ordinance.
C.
All persons, firms, corporations or institutions who are the owners,
lessors or occupants of any premises within the Borough of Mount Arlington
shall be required to source-separate all designated materials from
all other solid waste, in accordance with this Article.
D.
It shall be the responsibility of the person, firm, corporation or
institution whose solid waste was not removed, because it contained
recyclables, to properly segregate the uncollected waste for proper
recycling. No such person, firm, corporation or institution shall
suffer or permit any such solid waste to remain at curbside longer
than 12 hours after the end of the collection day.
E.
Special materials shall not be accepted at the Borough Recycling
Center.
The Borough Health Officer and the Borough Recycling Coordinator
are empowered to enforce the provisions of this Article. 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.
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this Article or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine of not less than $25, nor more than $1000.
Each day for which a violation of this Article occurs shall
be considered a separate offense.
Fines levied and collected pursuant to the provisions of this
Article 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 to operate the Borough Recycling
Program.
[Adopted 2-20-1991 by Ord. No. 91-1; amended 10-13-2008 by Ord. No. 14-08]
The purpose of this article is to set forth procedures, rules,
regulations and fee schedules for the collection of garbage and waste
products by the Borough of Mount Arlington.
As used in this article, the following terms shall have the
following meanings:
Any large, heavy and/or bulky household appliances, furniture
or furnishings which cannot easily and safely be placed in the common
collection vehicle used for the removal of garbage within the Borough
of Mount Arlington.
Shall include, but not be limited to, plastic tables, benches,
chairs, riding toys, doll houses, sand boxes, shelving, five gallon
pails, car seats and Tyco products.
[Added 9-4-2012 by Ord.
No. 11-12]
Any garbage, refuse, rubbish and trash resulting or originating
from any commercial user premises or activity.
Any nonresidential building, use or establishment, including
but not limited to those used for retail, wholesale, dining, office,
professional, shipping and receiving, mechanical, manufacturing and
cafeteria purposes.
Stones, dirt, demolition material, broken concrete and other
similar material.
The property owner, tenant or occupant of any place other
than an included user as hereinafter defined, and shall include but
not be limited to any type of industrial user, any business establishment,
any professional establishment and any apartment dwelling, hotel dwelling,
house, condominium or other building having more than four dwelling
units.
Any animal or vegetable waste solids resulting from the handling,
preparation, cooking or consumption of foods, not included human waste.
Any person and/or firm engaged in a business of service,
construction, repairing, refurbishing or remodeling of buildings,
the demolition of buildings or the care and maintenance of buildings
or grounds.
All products made from silica, sand, soda, ash and limestone, the product being translucent and transparent and being used for packaging or bottling of various materials, excluding designated recyclable glass bottles and jars as defined in Chapter 144, Article I, Recycling, of the Borough Code and blue and flat glass (commonly known as "window glass").
Wastes presenting a danger to the health and safety of the
public by reason of their pathological, explosive, radiological or
toxic characteristics.
All waste which is deemed to be chemical waste, hazardous
waste or infectious waste, as defined by N.J.S.A. 13:1E-51k, 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.
The property owner, tenant or occupant of a residence as
hereinafter defined under "residential user," as well as all public
schools, churches and private schools.
Any garbage, refuse, rubbish and trash resulting or originating
from any institutional user, premises or activity.
Any corporation, association, organization, establishment,
or foundation, operating not for profit, dedicated to public services,
education or culture, including but not limited to any religious,
educational, health care and governmental corporation, association,
organization or foundation.
Any person who owns, leases and/or occupies any residential
dwelling unit within the Borough of Mount Arlington, including but
not limited to, those in multi-family (apartment complexes and condominiums)
and/or single family buildings.
Any garbage, refuse, rubbish and trash resulting or originating
from any residential user, premises or activity.
Any unauthorized or unlicensed person, firm or corporation
that collects, picks up or causes to be collected or picked up any
recyclables placed at the curb or in the Borough Recycling Center.
All metals, except aluminum cans and steel (tin) cans, including
but not limited to steel, iron, brass, copper in the form of pipes,
appliances, tire rims or bicycles.
[Amended 3-19-1997 by Ord. No. 97-4)
A person or firm engaged in the business of solid waste collection
and/or disposal, properly licensed by the Borough of Mount Arlington
and doing business in Mount Arlington in the County of Morris and
State of New Jersey.
[Amended 7-9-2001 by Ord.
No. 01-15]
Bulky materials or other solid waste, such as broken concrete,
sod, dirt and building materials, not generated by a demolition debris
general contractor or which cannot be stored in a standard solid waste
container but can be collected by a standard collection vehicle.
A standard watertight vessel designed and constructed for
the storage of garbage, refuse, rubbish and trash made of metal or
plastic with a tight-fitting lid or cover and handles for unloading.
[Amended 3-6-1991 by Ord.
No. 91-2; 2-19-1992 by Ord. No. 92-1; 10-21-1992 by Ord. No. 92-14; 2-19-1997 by Ord. No. 97-3; 12-7-1998 by Ord. No. 98-25; 7-9-2001 by Ord. No. 01-15]
A.
Each single-family, two-family, three-family and four-family residence
shall be serviced by the borough and shall pay a quarterly fee of
$75 per dwelling unit for the disposal of their garbage, bulk waste,
vegetative waste and recyclables. Included users shall be entitled
to collection of three containers of garbage once per week.
[Amended 3-25-2002 by Ord. No. 02-13; 9-3-2013 by Ord. No. 08-13]
B.
The Borough of Mount Arlington shall bill the record owner of each
residence, church and school for garbage pickup on an annual basis.
Such charges shall constitute a lien on the property in question and,
if not paid, shall be collected in the same manner as collection for
delinquent taxes as provided by law. The Borough Tax Collector shall
be directed to place a notation on any search for municipal liens
conducted on the property in question that arrearages exist which
must be paid before the property in question can be sold or otherwise
transferred free and clear of said garbage charge.
[Amended 9-3-2013 by Ord.
No. 08-13]
C.
It shall be the responsibility of the record owners of property entitled
to garbage and waste removal under the provisions of the Code of the
Borough of Mount Arlington to pay the fees set forth in Subsection
A.
D.
Every church and every school shall have the opportunity to provide
for the lawful collection and disposal of its garbage, hazardous waste,
bulk items and any other form of solid waste as an excluded user by
notifying the borough of its intention to do so 30 days prior to the
commencement of any quarterly period. Once a church or private school
shall elect to be treated as an excluded user, that church or private
school shall remain an excluded user and shall not be permitted to
become an included user thereafter.
A.
Every excluded user shall be responsible for the lawful collection
and disposal of its garbage, hazardous waste, bulk items and any other
form of solid waste through the services of a solid waste collection
contractor.
B.
Every excluded user shall supply to the Borough Administrator proof
of having obtained the services of a solid waste collection contractor
for the collection and disposal of its own garbage and all other forms
of refuse as set forth in Subsection A.
C.
Proof of service shall mean a written record, log, bill or document
evidencing receipt of service for the collection and disposal of garbage
and all other forms of refuse as set forth in Subsection A. Sufficient
proof shall contain the user's name, the owner's name if
the user is a tenant, the address, total cost per unit or period number
and period of service.
D.
Records, logs, ledgers, documents and memorialized owner records
in any form will not be deemed sufficient proof.
E.
Nothing in the section shall supersede the provisions of N.J.S.A.
13:1E et seq.
[Amended 3-5-1995 by Ord.
No. 95-1]
Except as otherwise noted, all included and excluded users shall
be subject to the following rules and regulations set forth within
this section.
A.
Containers for garbage shall be provided by the owner, tenant, lessee
or occupant of the premises and shall be maintained in a clean, safe
and good condition. Any container that does not conform to the provision
of this section 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.
[Amended 9-3-2013 by Ord.
No. 08-13]
B.
Appropriate containers.
[Amended 9-3-2013 by Ord.
No. 08-2013]
(1)
The containers shall be galvanized of plastic composition, shall
not exceed 32 gallons in capacity, shall be no heavier than 50 pounds
when filled, shall have a lid or cover and shall have two sturdy handles.
(2)
Plastic bags not less than two mils thick nor larger than 32
gallons may be used if properly tied, and shall be no heavier than
50 pounds.
C.
All food products and residue shall be thoroughly and completely
drained of all liquids, wrapped securely in paper and placed in a
receptacle as hereinafter set forth.
D.
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.
E.
Leaves, brush and grass 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.
F.
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.
G.
Included users shall be permitted to dispose of bulk items. The Borough
of Mount Arlington, through its solid waste collection contract, reserves
the right to refuse excessively bulky or heavy items and will not
dispose of such items as motor engine blocks, automobile bodies or
portions thereof, truck bodies or parts and other such items not ordinarily
collected. 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.
[Amended 7-9-2001 by Ord.
No. 01-15]
H.
Each container of garbage 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.
I.
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 hereinabove.
J.
No person shall place any of the items referred to in this section
for collection in any street or highway, either for collection by
the municipality or by private disposal.
K.
(Reserved)
[Amended 3-15-1995 by Ord. No. 95-1; reserved 9-3-2013 by Ord. No. 08-13]
L.
No trash or garbage shall be deposited upon any sidewalk, public
street or any other public place.
M.
Receptacles by excluded users utilizing a private solid waste collection
contractor must meet the minimum requirements as set forth herein.
However, said receptacles may be larger in size, so long as they are
capable of being closed or otherwise protected from wind or other
elements, are rodentproof and waterproof, are cleaned and sanitized
as required and are conveniently located on the premises for storage
or 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.
[Amended 3-15-1995 by Ord. No. 95-1]
N.
Any solid waste placed at the curb shall be placed in such a manner
as not to create a public nuisance and safety hazard.
O.
The borough shall not be required to make garbage or trash collection
from the premises of any included user whereon a dog is permitted
to run loose.
P.
No person or persons shall prevent or interfere with any agent, servant
or employee of the borough 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 or permit such container
to remain at curbside longer than 12 hours after the end of the collection
day.
R.
Refuse containers/dumpsters.
(1)
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of this subsection, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this subsection 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.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Mount Arlington or other public body, and is designed
and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface or groundwater, whether natural or artificial within the
boundaries of the state of new jersey or subject to its jurisdiction.
(2)
Prohibited conduct. Any person who controls, whether owned,
leased, or operated, a refuse container or dumpster must ensure that
such container or dumpster is covered at all times and shall prevent
refuse from spilling out or overflowing. Any person who owns, leases
or otherwise uses a refuse container or dumpster must ensure that
such container or dumpster does not leak or otherwise discharge liquids,
semi-liquids or solids to the municipal separate storm sewer system
operated by the Borough of Mount Arlington.
(3)
Exceptions to prohibition.
(a)
Permitted temporary demolition containers;
(b)
Litter receptacles (other than dumpsters or other bulk containers);
(c)
Individual homeowner trash and recycling containers;
(d)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit; and
(e)
Large bulky items; (furniture, bound carpet and padding, white
goods placed curbside for pickup).
(4)
Penalties. Any persons who are found to be in violation of the
provisions of this subsection shall be subject to a fine not to exceed
$500.
S.
Bulky rigid plastic items may be brought to the Department of Public
Works yard on Saturdays only, between the hours of 8:00 a.m. —
1:00 p.m.
[Added 9-4-2012 by Ord.
No. 11-12]
A.
Collection from included users shall be in accordance with a schedule
announced by the Borough of Mount Arlington, which may be from time
to time amended upon proper notice and publication.
B.
For collection pursuant to a schedule announced by the Borough of
Mount Arlington, all approved containers must be placed at the curbline
where easily accessible. No containers shall be set up 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 next scheduled collection day.
A.
Collection shall be done in a quiet and orderly manner in compliance with all applicable statutes and Chapter 118, Noise, within the Borough of Mount Arlington.
B.
All solid waste collection contractors shall comply with the ordinances
of the Borough and rules and regulations and orders of the Borough
Administrator, as well as all applicable state, county and federal
laws and regulations.
[Amended 9-3-2013 by Ord.
No. 08-13; 9-5-2017 by Ord. No. 11-2017]
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.
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 purposes 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. Such solid waste shall be disposed of
separately and in accordance with this Article.
[Amended 3-15-1995 by Ord. No. 95-1; 7-8-02 by Ord. No.
02-23]
A.
Any person violating any part of this Article shall, upon conviction thereof, be liable to the penalty provided by Chapter 1, Article III. 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 Article.
B.
This Article shall be enforced by the Borough Administrator or the
Health Officer or any of their authorized representatives or any Mount
Arlington Police Officer.[1]
[Amended 9-3-2013 by Ord.
No. 08-13; 9-5-2017 by Ord. No. 11-2017]
[1]
Editor's Note: Former Schedule A, Bulk Items, which followed
this subsection, was deleted 7-9-2001 by Ord. No. 01-15.
