[HISTORY: Adopted by the Township Council of the Township
of Eastampton 10-28-2019 by Ord. No. 2019-17.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 444,
Solid Waste, adopted 4-30-1985 by Ord. No. 1985-02, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Tree or hedge trimmings not less than two inches nor more
than eight inches in diameter that can be chipped.
Refuse and garbage that, due to its size, cannot fit into
the automated trash collection container, except materials that can
be recycled.
See § 397-3, Class C recycling.
Items made of cement, clay, sand, gravel and water to form
such items as sidewalks, curbs, walls, bricks, blocks and patios.
Brick pavers shall also be included under this definition.
Container to be approved by the Township Manager.
[Amended 3-9-2020 by Ord.
No. 2020-4]
The meat and vegetable waste solids resulting from the handling,
preparation, cooking and consumption of foods.
Paint, solvents, cleaners, stains, thinners, finish removers,
acids, bases, gasoline, kerosene, oil, antifreeze, hydraulic fluid,
fluorescent lights, batteries, pesticides, herbicides, propane, tank
cylinders and all other dangerous, highly volatile or explosive matter,
in either liquid, gaseous or solid form.
Tree limbs or trunks over eight inches in diameter
Ferrous and nonferrous metallic items that are not defined
as "cans" under Chapter 227 or "hazardous materials" in this section.
Ashes, rubbish, tires and wastepaper.
Rags, old clothes, leather, rubber, carpets, pressure treated wood, excelsior, sawdust, tree or hedge trimmings other than brush, stumps, any other combustible solids not considered by the Township to be of a highly volatile or explosive nature, metal shavings, crockery and other similar materials that cannot be recycled per Chapter 397, but not the wastes resulting from building construction or alteration work. It shall also include any small accumulation of cellar or yard dirt.
Any accepted street, curb, sidewalk or alley.
Rubber used for wheels on cars, trucks and farm equipment
up to 48 inches in height and 12 inches or less in width. Not included
in this definition is forklift tires or any other industrial-type
tire.
All material resulting from the prosecution of any business,
trade or industry conducted for profit, and including but not limited
to paper, rags, leather, rubber, cartons, boxes, wood, excelsior,
sawdust, garbage and other combustible solids, except manure, not
considered by the Township to be of a highly volatile or explosive
nature, metals, metal shavings, wire, tin cans, cinders, earth and
other materials.
All or any garbage, refuse, waste paper or ashes, no matter
how originating, wastes from building construction or alteration work
or cellar or yard dirt.
Waxed paper, plastic or foil-coated paper, envelopes with
glassine windows, carbon paper, blueprint paper, food contaminated
paper, soiled paper, thermal fax paper and all other paper products
that cannot be recycled.
Includes the following home appliances; refrigerators; freezers;
dehumidifiers; air conditioners; washers; dryers; dishwashers; water
heaters and stoves.
Lumber (nonpressure treated), logs, plywood, moldings, wooden
furniture and particleboard.
A.Â
Removal required. All waste material of any nature which shall be
made and accumulated in the dwelling houses, hotels, stores, markets
and other buildings or premises in the Township shall either be removed
by the Township in accordance with the regulations set forth herein
or by an authorized private collector, except that waste resulting
from building construction or alteration work shall be removed as
soon as possible by the owner of the premises or the contractor performing
such work.
B.Â
Accumulation of waste restricted. No person shall accumulate or permit,
suffer or allow the accumulation in any building or on any premises
owned, occupied or controlled by him of any waste material for a period
longer than the period from one collection day to the next ensuing
collection day.
C.Â
Removal by Township. The Township, by its designated agents and employees, will collect and remove at no direct cost to the residents, dwelling house or other buildings in the Township only the waste matter as classified herein when such waste matter is placed into proper containers or bundles and offered for collection in the quantity and matter prescribed herein. Waste material that may be classified as refuse and garbage, as defined in § 444-1, will be collected by the Township on a once per-week basis, provided that these materials are prepared, held and stored in the manner required and provided that quantities as set forth are not exceeded.
D.Â
The Township will collect bulk trash on a monthly basis. Bulk shall
consist of items such as old furniture, bedding, carpeting, pool covers
and metal items such as bicycles. No waste materials of any kind that
are generated from commercial activities or businesses, including
handyman, repair services, retail store, offices, real estate agencies,
landlords, contractors, agricultural enterprises. Residents doing
minor repairs to the primary residence may put out small amounts of
debris on their bulk day. No house/rental clean outs will be accepted.
E.Â
The Township will collect white goods on the first Friday of the
month.
F.Â
Brush resulting from normal property maintenance or storm damage
will be collected by the Township that is less than eight inches in
diameter. Brush resulting from lot clearing and/or tree removal for
any purpose that is generated by a contractor hired by the owner,
or done by the owner themselves, shall be the responsibility of the
property owner.
G.Â
The Township shall not be obligated to collect any materials not
left in a manner not in full compliance with the regulations provided
herein nor garbage or refuse that is not left in the containers described
herein and provided by the Township.
I.Â
Items not removed by the Township. Asphalt pavement, branches and
brush over eight inches in diameter, block, brick concrete, decks,
fences, masonry, roof shingles, sheds, sod, glass doors/windows over
36 inches in diameter, and oversized tires by nature of their weight
and size will not be picked up or disposed of by the township. Oversized
items that will require two or more public works laborers to handle
will be at the sole discretion of the Public Works Director or designee.
The property owner shall make arrangements with a private company
for their disposal.
J.Â
Hazardous materials shall not be placed in a container or set out
for collection either by itself or in conjunction with any other material.
Residents are required to call the Department of Public Works for
proper disposal of hazardous materials.
K.Â
Township collectors not to enter buildings. Township refuse collectors are prohibited from entering upon any privately owned lands, streets, service areas, driveways, alleys or buildings or portions of any such building, such as a vestibule, kitchen, pantry, cellar or boiler room for the purpose of removing refuse material to the curb for collection except as provided in § 444-2.
L.Â
Only authorized persons to remove. It shall be unlawful for any person,
except an employee of the Township in the discharge of his duties
or an authorized waste collector, to collect, pick up, rake up or
in any way disturb the garbage or other waste material of whatever
nature deposited in any receptacle or laid or placed on any street
or public place for collection in accordance with the provisions of
this section.
M.Â
Recyclable materials are collected curbside by Burlington County
in accordance with schedules and regulations set forth by the County's
Office of Solid Waste Management.
A.Â
Duty to provide. Residential refuse and garbage shall only be placed
in the containers provided by the Township or in containers that have
been approved by the Township Manager. The Township will only be liable
for repairs or replacement for containers that were provided by the
Township. Effective the date of this chapter being adopted, each real
property owner within the Township that is presently having his or
her solid waste collected by the Township shall receive one automated
trash collection container. The Township shall stock ninety-six-gallon
size containers for the residents. Each such owner may purchase from
the Township one additional container for collection by the Township
at their cost as specified in the Township's Fee Ordinance. Subdivisions
after the effective date of this chapter shall be required to purchase
containers for use with the automated system from the Township at
the Township's costs.
[Amended 3-9-2020 by Ord.
No. 2020-4]
B.Â
In industrial buildings, restaurants, businesses, markets, commercial
stores or similar establishments, the receptacles shall be procured
and maintained by the owner or tenant.
C.Â
Number required. For the purposes of this section, "sufficient" shall
mean at least one container. The Township shall collect no more than
two containers from any separate parcel of real property.
A.Â
Specifications. For the purposes of this section, "suitable" shall
be defined as a container approved by the Township Manager for collection
of residential refuse and garbage.
[Amended 3-9-2020 by Ord.
No. 2020-4]
B.Â
Baskets prohibited. The use of baskets as receptacles for waste materials
shall not be permitted.
C.Â
Damaged containers. The Township shall be responsible for maintenance of those containers identified in § 444-3A. All other receptacles shall be maintained by the owner. This subsection applies only to the containers that the Township provided.
[Amended 3-9-2020 by Ord.
No. 2020-4]
D.Â
Time of placing and removing. Weekly collection. It shall be unlawful
for any person to place any container on any street, curb, sidewalk,
or alley no earlier than 6:00 p.m. on the day before this day fixed
for collection and no later than 6:30 a.m. the day of collection.
It shall be unlawful for any person to allow or permit any empty container
to remain upon such street, curb, sidewalk or alley more than 12 hours
after the contents have been collected.
E.Â
Bulk collection. It shall be unlawful for any person to place any
material for bulk collection on any street, curb, sidewalk or alley
no earlier than the Wednesday before the day fixed for collection
and no later than 6:30 a.m. the day of collection.
F.Â
Placement of receptacles. Each container shall be placed for collection
just inside the curbline and at the place designated by the Township
for collection, which shall be free from obstruction to the automated
collection system operating as designed. Containers awaiting collection
shall be stored or kept in such place so as not to become a nuisance
to the occupants of any building, and at no time shall they be kept
under or adjacent to the windows of any such building.
G.Â
Garbage. Garbage shall be thoroughly drained of all water, wrapped
securely in paper or plastic bags and placed in a container.
H.Â
Refuse. Refuse shall be wrapped securely in paper or plastic bags and stored in a container as described in § 444-3 that may be the same container used to contain the wrapped garbage.
I.Â
Filling of containers. All containers used for the purpose herein
described shall not be filled above the top rim of the container so
as to prevent the hinged lid from properly closing, and when so filled
shall be of such a weight not exceeding 200 pounds.
J.Â
Bulk trash. Materials of such nature that they cannot be deposited
in the automated container due to their size shall be securely and
properly tied into bundles or packaged to prevent spilling while being
handled by the Township employees or while such bundles or packages
are located on the sidewalk awaiting collection. The bundles or packages
shall be of a size and weight to permit ease of handling by one man
and shall not exceed 50 pounds in weight. These bundles and packages
will be collected on the scheduled bulk collection day.
K.Â
Brush. Brush shall be stacked near the edge of the roadway with the
cut ends all facing in one direction. Tree twigs, hedge trimmings
and similar materials not meeting the definition of brush shall be
cut to a length not to exceed four feet and neatly stacked in bundles
not more than two inches thick and will be collected during brush
pick-up during the months of April through December. Material that
cannot be neatly stacked shall be placed in suitable receptacles and
will also be collected during brush pick-up during the months of April
through December.
L.Â
Leaves. Leaves shall be placed loose or in piles in front of the
homeowners' property. Leaves may not be placed on the sidewalk,
gutters or streets where the same may be dispersed by wind, forces
of nature, passersby or traffic, except during the months of November
and December. Leaves or other material specified within this chapter
shall not be burned in any street, alley, highway or property. Leaves
shall be free of all branches, sticks, vines, and other debris. Mixed
piles of brush and leaves will not be collected.
M.Â
Grass. The Township encourages all residents to utilize mulching
mowers to cut their grass and leave it in place.
No person shall prevent or interfere with any agent or employee
of the Township in the discharge of his duties in the collection of
garbage, ashes or refuse or in the sweeping or cleaning of any street
or in the removal therefrom of sweepings, ashes, garbage, rubbish,
paper, snow, ice or other refuse material.
No person shall break into, disturb, untie, or unbundle or remove
or otherwise engage in rag picking or scavenging practices with respect
to any container, bundle, package or box of solid waste that has been
placed at the proper location for collection or removal, except the
following solid waste collectors and except in accordance with the
requirements of this chapter and state law and any contract not inconsistent
with the provisions of this chapter and state law:
A.Â
Requirements for disposal. All pet owners and keepers are required
to immediately and properly dispose of their pet's solid waste
deposited on any property, public or private, not owned or possessed
by that person.
B.Â
Exemptions. Any owner or keeper who requires the use of a disability
assistance animal shall be exempt from the provisions of this section
while such animal is being used for that purpose.
C.Â
Enforcement. The provisions of this section shall be enforced by
the Police Department and the Code Enforcement Officer of Eastampton
Township.
A.Â
Approval of containers; collection program. Trash placed for collection
on nonaccepted private mobile homes within the Township must be placed
in a type of container approved by the Township. The Director of Public
Works Department or designee shall implement a fair and reasonable
collection program for the mobile home developments.
B.Â
Basis for adoption of section. This section is adopted based upon
the unique factual circumstances presented by the mobile home development
(constituting individually owned mobile parcels) and so recognized
by the Township, and this section shall have no application to any
other development or apartment complex or MACCS program to proposed
trash collection on any other private property or undedicated and
unaccepted roadways in the Township.
C.Â
All trash and garbage collected within the Township of Eastampton
shall be disposed of by the sanitary landfill or incinerator method
in accordance with the standards for the design, operation and maintenance
of sanitary landfills and incinerators contained in the State Sanitary
Code.
D.Â
Power to adopt. To ensure the effective operation of the provisions
of this chapter, the Director of Public Works subject to the Township
Manager approval is authorized to make, from time to time, such written
rules, regulations or orders as may be necessary or expedient to further
implement the provisions of this chapter.
E.Â
Publication and filing. No rule, regulation or order shall be effective
until it has been filed with the Township Clerk and published at least
once in the newspaper in which Township ordinances are published.
F.Â
Violations. No person shall violate any written rule, regulation
or order made by the Director of Public Works pursuant to this chapter.
G.Â
Collection from unaccepted areas. When it shall appear to be more
efficient for collection by the Township, the Director of Public Works
or designee subject to the Township Manager's approval, in his
sole discretion, upon written request or permission by the owner,
may authorize and order the Township collectors to enter upon and
collect garbage and refuse placed at the curbline or side line of
such unaccepted streets, lanes, alleys, driveways, service areas or
other thoroughfare or area as he may designate, subject to such conditions
as he may impose. Such collection service shall not be construed to
be an acceptance of any such unaccepted thoroughfare or area.
H.Â
Any residential home residing along the creek shall bring their garbage,
rubbish and refuse to the area designated by the Township. The Township
will provide the ninety-six-gallon receptacles.
A.Â
Maximum penalty. For violation of any provisions of this chapter,
the maximum penalty, upon conviction, shall be a fine not exceeding
$1,000 or imprisonment in the county jail for a term not exceeding
90 days or a period of community service not exceeding 90 days, or
such combination of punishments as the Municipal Judge may, in his
or her discretion, deem appropriate and just.
B.Â
Separate violations. Each and every day in which a violation of any
provision of this chapter exists shall constitute a separate violation.
C.Â
Application. The maximum penalty stated in this section is not intended
to state an appropriate penalty for each and every violation. Any
lesser penalty, including a nominal penalty or no penalty at all,
may be appropriate for a particular case or violation, except in those
instances where state law mandates a minimum penalty to be imposed.
D.Â
Minimum penalty. There shall be a minimum penalty of a fine fixed
at an amount not less than $100.