[1973 Code § 83-1; Ord. No. 2013-47]
As used in this section:
Shall mean and include the residue of any household fuel
after such fuel has been consumed by fire and used for heating purposes.
Fuel used for steam power plants or similar purposes is classified
under "trade waste."
Shall mean and include any and all refuse or animal and vegetable
matter which has been used for food by man, and all refuse, animal
and vegetable matter which was intended to be so used, except as hereinafter
provided under "trade waste." "Garbage" shall not include light soil
or manure emanating from chicken markets or from stables.
Shall mean and include all incombustible rubbish and other
refuse resulting from household operations, such as tin cans, bottles,
crockery, broken dishes and all metal articles of all sizes and shapes,
except as hereinafter provided for under "trade waste."
Shall mean and include leak-proof receptacles with tightly
fitting lids or securely tied heavy duty opaque plastic bags.
Shall mean and include paper, wood, rags, leather, rubber,
mattresses, worn-out furniture, old clothes, carpets, old shoes, cut
grass and leaves when tied into bundles, and all other household refuse
capable of being consumed by incineration. It shall not include any
material whatever in the nature of earth, sand, stone, brick, plaster
or any other substance that may accumulate as a result of building
operations.
Shall mean and include decayed vegetables, fruits or condemned
food, abandoned or rejected products or by-products and all other
refuse materials from wholesale dealers or manufacturing establishments.
It shall include earth, sand, stone, brick or other substances that
may accumulate as a result of building operations. It shall include
metal, junk and parts of machines and automobiles and all other refuse
of that nature resulting from the prosecution of any business or trade
or industry conducted for profit. It shall include ashes or other
residue resulting from fuel being used for light or power generation.[1]
[1973 Code § 83-2]
Only such refuse material that may be classified as garbage, rubbish, incombustibles and ashes, as hereinabove mentioned and defined, will be collected and disposed of by the Town at no direct cost to the person or persons accumulating the same when such refuse material is separated and placed into proper receptacles or bundles and offered for collection in the manner prescribed hereinafter. Material classified and designated as trade waste will only be collected and disposed of at no direct cost to the person or persons accumulating the same, provided that the quantity does not exceed four bushels in bulk or 200 pounds in weight in one collection, and that the person or persons accumulating the same shall separate into separate receptacles or bundles the different classes of refuse, as specified in subsection 20-1.3 and 20-1.4 following. The collection and disposal of any additional amount of trade waste may be done by the Town at a charge to be fixed by resolution of the Town Council against the person or persons accumulating the trade waste; or the person or persons may collect and deliver the trade waste to the point of disposal designated by the Town, and the trade waste shall be disposed of by the Town at a charge to be fixed by resolution of the Town Council against the person or persons delivering same.
[1973 Code § 83-3]
Each and every tenant, householder, owner or other person or persons occupying any dwelling house or other building or portion thereof in the Town wherein garbage, rubbish, ashes and incombustibles accumulate is hereby directed and required to collect and separate into receptacles or bundles, as set forth in subsection 20-1.4 following, the refuse material accumulating in such dwelling house, building or portion thereof occupied by such person or persons. Garbage and rubbish may be combined in one receptacle and ashes and incombustibles in another receptacle, provided they meet the requirements as set forth in subsection 20-1.4 following, and also provided that garbage, before being placed in the garbage receptacle, shall be thoroughly drained and wrapped in paper. Waste material which is mixed with so much water that it has the consistency of swill shall not be collected.
[1973 Code § 83-4; Ord. No. 6-9-71; Ord. No. 3-14-84; Ord. No. 4-13-88; Ord.
No. 2004-(O)-68; Ord. No. 2008-(O)-47; Ord. No. 2013-47 § 2; Ord. No. 2017-2]
a.
Each and every owner, tenant, householder or other person or persons
occupying any dwelling house or other building or portion thereof
in the Town in which garbage, rubbish, ashes and incombustibles are
to be removed therefrom shall properly provide for such removal by
using proper receptacles for the separation of such refuse material.
Receptacles shall be in sufficient number to contain all the refuse
material emanating from the premises or portion thereof occupied by
the owner, tenant, householder or other person or persons. The receptacle,
when full, shall be of such weight as can be easily handled by one
man, and, for each class of refuse material, shall be as follows:
1.
The receptacles in which garbage accumulations are deposited shall
be metallic or plastic watertight vessels of a cylindrical design,
provided with handles, and shall not be less than 10 inches nor more
than 22 inches in diameter and not less than eight inches nor more
than 28 inches in height, and shall not be filled to a greater height
than two inches from the top, and shall have a close-fitting watertight
cover which shall at all times be in position so as to preclude the
ingress or escape therefrom of water and flies. Plastic and paper
bags are also accepted but they must be sealed.
2.
The receptacles in which rubbish accumulations are deposited shall
be substantial, tight containers, preferably of metal or plastic,
and of a cylindrical design and provided with handles and so constructed
as to prevent spilling of the contents, and shall be not less than
14 inches nor more than 22 inches in diameter and not less than 16
inches nor more than 28 inches in height. They shall not be filled
higher than two inches below the top of the receptacle. If the rubbish
material is of such a nature that it cannot be deposited in a receptacle,
it must be securely bundled in such a manner as to permit easy handling
and to prevent the same from being scattered. Rubbish and garbage
may be combined and put into the same receptacle designated for garbage,
provided that the rubbish is of such a nature that it can be deposited
in the receptacle in such a manner as to prevent spilling of the contents
and to permit easy handling. Paper must be secured in bundles, cartons
or other packages to permit ease in handling and to prevent scattering.
3.
The receptacles in which ashes are deposited shall be substantial,
tight metal containers of a cylindrical design, provided with handles
on the outside and so constructed as to prevent spilling or leakage
of the contents, and shall not be less than 14 inches nor more than
18 inches in diameter and not less than 16 inches nor more than 26
inches in height. They shall not be filled higher than three inches
below the top of the receptacle. Ashes that have been deposited in
a receptacle shall not be wet down so as to cause an unnecessary weight
to the contents.
4.
Incombustibles may be combined with ashes and put into the same receptacle
designated for ashes, provided that the incombustibles are of such
a nature that they can be deposited in the receptacle in such a manner
as to permit easy handling and to prevent the spilling of the contents.
Other incombustible material shall be collected or fastened together
in such a manner as to permit ease of handling and to prevent scattering.
b.
The use of barrels, baskets and paper cartons as receptacles for
rubbish will be permitted; however, the same will be collected as
rubbish by the Town and disposed of as such by the Town. The use of
barrels, baskets and paper cartons as receptacles for garbage, ashes
and incombustibles shall not be permitted. Receptacles shall be kept
in a clean and sanitary condition by the person or persons using same.
Any receptacle that is badly broken, dilapidated or in any unsanitary
condition, or otherwise fails to meet the requirements of this section,
shall be classified as refuse material and shall be collected and
disposed of as such by the Town.
c.
Each and every owner, tenant, household or other person or persons
shall see that arrangements are made for the placing of such receptacles
in the proper place on the sidewalk near the curb for the purpose
of collection on the collection day specified, and no owner, tenant,
householder or other person or persons shall deposit or cause or permit
to be deposited, or permit to remain on the sidewalk in front of the
property occupied in whole or in part by him, any receptacle or bundle
containing refuse material except on the designated collection day
or six hours prior thereto, nor shall be permit any empty receptacles
to remain upon such sidewalk more than four hours after the contents
have been collected.
e.
On a commercial street, any owner, tenant, householder or occupant
of premises shall place any refuse or garbage on the street by no
later than 6:00 a.m., but not prior to 5:00 p.m. the night before,
for the morning collection from Monday through Saturdays, holidays
excepted. No refuse or garbage shall be placed or remain on the street
after 10:00 a.m. in those areas.
f.
On a commercial street, no refuse or garbage shall be on the street
from 10:00 a.m. on Saturday through 5:00 p.m. on Sunday and no refuse
or garbage shall be on the street from 10:00 a.m. on the day before
a holiday through 5:00 p.m. on the holiday.
[1973 Code § 83-9]
No person or persons shall pile or deposit or cause to be piled
or deposited any refuse material or any accumulation of any offensive
or nauseous substance within the Town except at such places that are
designated as Town dumps, and then only after permission has been
granted by the Town Council.
[1973 Code § 83-5]
It shall be unlawful for any person or persons other than an
employee of the Town in the discharge of his duties, or an authorized
refuse and waste material collector or salvager, or the owner, occupant,
tenant or person in charge or in possession of the premises for which
the receptacles have been provided, to deposit any article or thing
in the receptacles or pick over, rake up or in any way disturb the
refuse material of whatever nature deposited in such receptacles or
deposited in any dump or other public place. Only a duly authorized
and licensed waste material salvager shall be permitted to reclaim
salvageable portions of the Town refuse.
[1973 Code § 83-9A; Ord. No. 12-14-83; Ord. No. 4-25-84; Ord. No. 1-27-93; Ord.
No. 2002-O-83 § 13; Ord.
No. 2012-22]
Any resident requesting use of a Town owned truck for deposit
of refuse or for cleanouts shall be charged a single fee of $150.
[Ord. No. 2008-(O)-47]
Litter baskets may not be used for the disposal of household
refuse, for the disposal of sweepings, or for the disposal of commercial
refuse by store keepers.
[1973 Code § 83-10; New]
[1973 Code § 83-19; Ord. No. 9-10-80; Ord. No. 1-27-93; Ord. No. 2002-(O)-83 §§ 14,
15; Ord. No. 2004-(O)-17 § 2; Ord. No. 2004-(O)-52; Ord.
No. 2012-22]
There is hereby established the following fee schedule for special
services rendered in connection with disposal of garbage and other
solid waste in the Town of Kearny, to wit:
|
a.
|
Sidewalk permits
|
$50.
|
|
b.
|
Dumpsters:
| |
|
First 72-hour period
|
$100
| |
|
Second-72 hour period
|
$50
| |
|
Additional 7 day periods
|
$200 per week or part thereof
|
[1973 Code § 83-19.1; Ord. No.
9-10-80]
The parking or placing on any street or public property in the
Town of Kearny of a bulk refuse container, commonly known as a dumpster,
or any similar container designed as a portable bulk container for
refuse, trash or demolition debris, with dimensions in excess of five
feet wide by 10 feet long is prohibited.
[1973 Code § 83-19.1; Ord. No.
9-10-80; Ord. No. 2004-(O)-17 § 2]
Notwithstanding, the Department of Public Works shall validate
the placement of such container through the issuance of a written
permit for such not to exceed 72 hours, but may be renewed from time
to time for an additional seventy-two-hour period for the fee of $25
and, if necessary, for additional seven-day periods thereafter for
the fee of $100 per week.
[1973 Code § 83-19.1; Ord. No.
9-10-80; Ord. No. 2004-(O)-04 § 2]
a.
Each dumpster shall be placed in a position so that it is as close
to the curb as possible. It shall be placed not more than two feet
from the curb and not so close to the intersection so as to obstruct
the view of oncoming traffic. The dumpster shall have placed on it
in a conspicuous place the name of the owner or corporation and a
phone number for same. Any dumpster parked on or along any roadway
in the Town of Kearny shall be equipped with and display markers consisting
of all yellow reflective diamond-shaped panels having a minimum size
of 18 inches by 18 inches. These panels shall be mounted at the edge
of the dumpster or container at both ends nearest the path of passing
vehicles and facing the direction of oncoming traffic. These markers
shall have a minimum mounting height of three feet from the bottom
of the panels to the surface of the roadway.
b.
Nothing in this section shall be interpreted so as to allow the parking
or placing of vehicles, dumpsters, containers or other objects in
the public right-of-way, at locations otherwise prohibited by Title
39 of the Revised Statutes.
[1973 Code § 83-19.1; Ord. No.
9-10-80; New]
A person who parks or places, or causes the parking or placing on the streets of the Town, or other public property, of a dumpster or other container in violation of this section shall be liable, upon conviction thereof, of the penalties stated in Chapter 1, Section 1-5. Each twenty-four-hour period that a dumpster or container is parked or placed on a street in violation of this section shall constitute a separate offense.
[1973 Code § 83-19.1; Ord. No.
9-10-80]
The Police Department is authorized to provide for the removal
of a dumpster or container parked or placed on any street in violation
of this section, and the owner of the dumpster or container, or the
person responsible for the illegal parking or placement of the dumpster
or container, or both the owner and such other person, shall be responsible
for the cost of removal and, if the dumpster or container is stored
on private property, for the cost of storage.
[1973 Code § 83-28; Ord. No. 9-10-80]
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during or after the completion of any construction
or demolition project. It shall be the duty of the owner, agent or
contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or nonflyable debris or trash at areas
convenient to construction areas and to maintain and empty the receptacles
in such a manner and with such a frequency as to prevent spillage
or refuse.
[1]
Editor's Note: Previous ordinances pertaining to recycling
include Ord. No. 8-11-82; Ord. No. 9-9-87 and Ord. No. 1-11-89]
[1973 Code § 114B-1; Ord. No. 9-12-90]
As used in this section:
Shall mean a container entirely of aluminum and used solely
for the packaging of beverages.
Shall mean any private establishment including:
Shall mean only nonputrescible, recyclable materials which
may be combined only with other non-putrescible recyclable materials.
Examples of materials which may be commingled are: paper, glass, aluminum,
plastic and ferrous or bi-metal containers.
Shall mean a process by which organic materials are turned
into humus (similar to topsoil).
Shall mean any battery used in the household such as mercury,
silver oxide, nicad, alkaline, carbon zinc, zinc-air and lithium batteries.
Shall mean a cardboard container used primarily for packaging
and transporting of products of any type.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean all materials required to be source separated
from the solid waste stream for the purpose of recycling.
Shall mean a one, two or multi-family home, apartment building,
townhouse, condominium or cooperative.
Shall mean cans which are made of tin. The most common are
tin plated steel cans which contain food.
Shall mean all metal scrap which contains steel and/or cast
iron. Examples of ferrous scrap are steel railings, steel drums and
automobiles.
Shall mean any edible waste material resulting from the handling,
preparation, processing, cooking or consumption of food.
Shall mean bottles and jars made entirely of glass, commonly
used for the storage of food and beverages. Specifically excluded
from this definition are plate glass, windshields, window glass or
flat glass, light bulbs, ceramics, and pyrex glass.
Shall mean all waste defined as hazardous waste by N.J.S.A.
13:1E-38 and 1E-51 and N.J.A.C. 7:26-8.1 et seq.
Shall mean white office paper, white copy paper, white computer
printout paper, white bond paper and white typing paper.
Shall mean any battery used in an automobile.
Shall mean foliage from plants and trees only.
Shall mean cans, other than aluminum, consisting entirely
of steel, tin or bi-metal.
Shall mean any combination of newspaper, high grade paper,
and non-white paper.
Shall mean paper commonly referred to as newsprint and distributed
at stated intervals usually daily or weekly, having printed thereon
news and opinions and containing advertisements and other matter of
public interest. The term "newspaper" does not include magazines and
any other paper products.
Shall mean all other metals which do not contain steel and/or
cast iron. Aluminum, copper, lead and brass are the most common nonferrous
metals. Bi-metal cans (steel side and bottom with an aluminum top)
are also included.
Shall mean a portable wooden platform used for transporting
and storing materials.
Shall mean any natural person, corporation, partnership or
organization.
Shall mean all forms of soft and/or hard plastic used for
any purpose whatsoever.
Shall mean the process by which designated materials, which
would otherwise become solid waste, are separated, collected, processed
and returned to the economic mainstream in the form of raw materials
or products.
Shall mean discarded products made of steel, aluminum or
other materials.
Shall mean used passenger car or truck tires.
Shall mean garbage and rubbish collected for disposal.
Shall mean the separation of designated recyclables from
the solid waste stream by the person generating such materials.
Shall mean oil that is drained from automobiles, lawn mowers
and motorcycles.
Shall mean household or commercial appliances made of steel
or any other form of metal. All white goods such as refrigerators,
stoves, washing machines, dryers, and air conditioners, other household
or commercial appliances must have all locking doors removed.
Shall mean tree stumps (trunk, limbs and branches from) and
land clearing activities.
Shall mean grass clippings, hedge trimmings, twigs, sticks,
branches or shrubbery.
[1973 Code § 114B-2; Ord. No. 9-12-90]
a.
The following mandatory recycling programs are established in the
Town of Kearny.
1.
A program applicable to dwelling units which shall require the composting
of leaves and the separation of newspapers, aluminum beverage cans,
glass food and beverage containers, metal household food and beverage
containers and plastic milk and soda containers.
(a)
In the case of apartment houses, townhouses, condominiums, cooperatives
and other multi-family dwellings, the owner, manager or superintendent
of the multi-family units shall insure that a special place is designated
for the storage of newspapers, glass, aluminum cans and plastic soda
and milk containers and other designated recyclables. All lessees
of those dwelling units shall be required to separate such items and
place them in the designated place. The owner or manager of the multi-family
units shall notify the Department of Public Works Superintendent of
the location of the storage area. The location is to be subject to
the approval of the Superintendent of Public Works, the Recycling
Coordinator, the Fire Inspector and the Kearny Board of Health.
2.
A program applicable to commercial and industrial establishments
which shall require the separation of designated recyclable materials
such as clean corrugated cardboard, high grade paper, mixed paper
and glass and aluminum containers for recycling.
3.
A program applicable to public and private institutions which shall
require the separation of designated recyclable materials such as
high grade paper, mixed paper and clean corrugated cardboard for recycling.
4.
Any tavern or restaurant having a license for the sale of alcoholic
beverages shall be required to have a private recycler remove recyclables
or must provide that they be brought to the Kearny Recycling Center
and deposited in the appropriately marked container for each designated
recyclable material.
[1973 Code § 114B-3; Ord. No. 9-12-90]
a.
All owners, lessees or occupants of dwelling units, commercial and
industrial establishments and public and private institutions shall
dispose of solid waste and separate designated recyclable materials
in accordance with this subsection.
1.
Leaves.
(a)
Leaves may be recycled by composting on the property of the
owner, lessee or occupant or by placing them at the curb for collection
by the Town of Kearny between September 1st and December 31st.
2.
Newspapers.
(a)
Newspaper shall be tied securely in bundles with twine, rope
or cord to facilitate handling and insure that it will not be windblown
or distributed onto the public streets. A bundle shall not exceed
30 pounds or a height of more than 12 inches each.
(b)
Under no circumstances shall newspapers be placed in plastic
or brown supermarket type bags.
(c)
Bundles shall be placed for collection at the curbside on designated
collection days or by transporting them to designated drop-off sites.
(d)
Newspapers discarded by dwelling units may be used to wrap solid
waste and discarded with regular solid waste.
3.
Glass Containers.
(a)
Glass containers shall be rinsed clean of all residue.
(b)
They shall be placed in a 20 to 30 gallon reusable container
with a weight not exceeding 60 pounds. Under no circumstances shall
glass containers be placed at the curb for collection in plastic or
paper bags.
(c)
Glass may not be broken for the purpose of filling any container,
but accidentally broken glass will be accepted.
(d)
Containers shall be placed at the curbside for collection on
designated days or by transporting them to designated drop-off sites.
(e)
Glass containers discarded by dwelling units only may be used
to dispose of non-hazardous liquid wastes and discarded with solid
waste.
4.
Aluminum Beverage Cans.
(a)
Aluminum beverage cans shall be placed in reusable 20 to 30
gallon containers at the curbside for collection on designated days
or by transporting them to designated drop-off sites. Under no circumstances
shall aluminum beverage cans be placed at the curb for collection
in plastic or paper bags.
(b)
Containers or receptacles containing aluminum cans for recycling
shall not exceed 60 pounds in weight.
(c)
Aluminum containers discarded by dwelling units only may be
used to dispose of nonhazardous liquid wastes and discarded with solid
waste.
5.
Household Metal Food and Beverage Cans.
(a)
Nonaluminum metal cans used for the storage of household food
and beverages shall be placed in reusable 20 to 30 gallon containers
at the curbside for collection on designated days or by transporting
them to designated drop-off sites. Under no circumstances shall household
metal food and beverage cans be placed at the curb for collection
in plastic or paper bags.
(b)
Containers or receptacles containing metal household food or
beverage cans for recycling shall not exceed 60 pounds in weight.
(c)
Metal household food or beverage containers discarded by dwelling
units only may be used to dispose of nonhazardous liquid wastes and
discarded with solid waste.
6.
Oil Reclamation.
(a)
Any resident may bring up to five gallons of used oil, as defined
in this section, at a time to the Town of Kearny recycling center.
Oil must be poured into the used oil tank.
(b)
Service stations and oil retailers shall dispose of used oil
through a DEP-licensed hazardous waste hauler. Documentation of any
such transactions shall be submitted to the Recycling Coordinator
bi-annually 20 days following July 31st and December 31st of each
year.
(c)
Service stations and retailers who service motor vehicles shall
accept oil from the general public in accordance with the DEP regulations
regarding acceptance of used motor oil. Any person may bring up to
five gallons at a time to a retailer or service station.
[1973 Code § 114B-4; Ord. No. 9-12-90]
a.
The Town of Kearny or its agents so designated by the General Superintendent
of the Department of Public Works or the Recycling Coordinator who
are collecting solid waste generated within the Town of Kearny may
refuse to collect solid waste from any other person who has clearly
failed to source separate recyclables designated under an applicable
section of this section.
[1973 Code § 114B-5; Ord. No. 9-12-90]
a.
The Town of Kearny may use municipal personnel to collect the recyclable
materials set forth herein at the curbside and/or collection of pick-up
sites to be determined, and shall sell the recyclable materials if
a market exists therefor, pursuant to N.J.S.A. 40A:11-1 et seq.
b.
The Town of Kearny may elect to enter into an agreement with the
qualified persons, partnerships or corporations for the purpose of
authorizing them to collect all recyclable materials, or portions
thereof, at curbside or collection or pick-up sites, as may be determined
to be in the best interests of the municipality.
[1973 Code 114B-6; Ord. No. 9-12-90]
a.
Recyclable material as defined herein shall be the property of the
Town of Kearny once placed at the curbside or at designated collection
or pick-up sites authorized by the Town of Kearny or its designated
agent.
[1973 Code § 114B-7; Ord. No. 9-12-90]
a.
Anything herein to the contrary, notwithstanding, any owner, lessee
or occupant of a dwelling unit, public or private institution, or
commercial or industrial establishment, may donate or sell the recyclable
materials as defined herein to any person, partnership or corporation,
whether or not operating for profit. However, the person, partnership
or corporation shall not pick up the recyclable materials at curbside
or at any designated collection or pick-up sites authorized by the
municipality or its designated agent.
[1973 Code § 114B-8; Ord. No. 9-12-90]
a.
The Recycling Coordinator shall designate the day/days and collection
site/sites shall be published in a newspaper of general circulation
and other such publications as may be deemed necessary by the Recycling
Coordinator at least 15 days before the first scheduled collection
date. Notice may also be given by mailing or delivering "flyers" or
"newsletters" to each dwelling unit, public or private institution
and commercial and industrial establishment within the Town of Kearny.
[1973 Code § 114B-9; Ord. No. 9-12-90]
a.
Any person participating in a recycling program within the Town of
Kearny which is not operated by the Town or its authorized agent,
shall submit bi-annual verifications of the tonnage of materials recycled.
b.
Such bi-annual documentation of tonnage shall be submitted to the
Recycling Coordinator no later than 20 days following July 31st and
December 31st of each year. Failure to provide this information may
cause the program to be terminated at the option of the Recycling
Coordinator.
[1973 Code § 114B-10; Ord. No.
9-12-90]
a.
Members of the Kearny Police Department, sanitation inspectors of
the Kearny Health Department and Recycling Coordinator, the Superintendent
of Public Works and general supervisors and foreman of the Department
of Public Works are authorized to enforce this section and amendments
thereto.
[1973 Code § 114B-11; Ord. No.
9-12-90; New]
a.
Any person who fails to comply with any provision of this section
shall first receive a warning before any monetary fine is imposed.
The warning shall be made by the Recycling Coordinator or any other
person given the authority to enforce this section. His or her solid
waste shall be marked as not properly separated and shall be removed
from the street by the person failing to comply. The recyclable materials
shall be removed from the solid waste by the person and placed at
the curb for collection on the next collection day in accordance with
the provisions of this section.
b.
Any person who fails to comply with any provision of this section or any regulations promulgated pursuant thereto shall be liable, upon conviction thereof, to the penalty stated in Chapter 1, Section 1-5, except that the maximum fine and penalty for failure to comply with this chapter and regulations issued pursuant thereto shall not exceed $25 for the first violation and no less than $25 nor more than $500 for the second violation. The continuation of such violation, and each violation or the continuation of such violation, shall constitute a separate and distinct offense, punishable as provided for herein.
[1973 Code § 83-11]
Beginning March 31, 1959, all trash and garbage collected within
or without the Town of Kearny and disposed of within the Town 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.
[1973 Code § 83-12]
In the event that there is any inconsistency between this section
and the State Sanitary Code as to the time within which such methods
of disposal shall be established, this section shall prevail.
[1973 Code § 83-13]
As used in this section:
Shall mean the residue from the burning of wood, coal, coke
or other combustible materials.
Shall mean animal and vegetable wastes resulting from the
processing, preparation, cooking and consumption of food, market wastes
and wastes from the handling, storage and sale of food and produce.
Shall mean hazardous solids and liquids such as explosives,
radioactive material and materials which are subject to spontaneous
combustion or which if ignited burn with intense heat or create dense
smoke.
Shall mean all solid wastes (except body wastes) rubbish,
ashes, street cleanings and solid market and industrial wastes.
Shall mean solid wastes (excluding ashes) consisting of both
combustible and noncombustible wastes such as paper, cardboard, tin
cans, yard clippings, wood, grass, bedding, crockery and similar materials.
Shall mean any sludge or solids resulting from the operation
of any sewage treatment plant or individual sewage disposal system.
[1973 Code § 83-14]
It shall be unlawful in the Town of Kearny for any person, firm
or corporation to throw, cast or place any garbage, waste, papers,
ashes, sewage system residue, refuse, junk, rubbish, circulars, glasses,
bottles, cans, dead animals or any other type of waste matter on any
property, public or private, within the limits of the Town of Kearny,
except in such areas as may be officially designated and permitted
for dumping by the Governing Body of the Town of Kearny.
[1973 Code § 83-15]
It shall be unlawful in the Town of Kearny for any person, firm
or corporation to throw, cast or place any garbage, waste, papers,
ashes, sewage system residue, hazardous materials, refuse, junk, rubbish,
circulars, glasses, bottles, cans, dead animals or any other type
of waste matter on any property, public or private, within the limits
of the Town of Kearny, except in such areas as may be designated as
an officially approved landfill by the Council of the Town of Kearny.
[1973 Code § 83-16]
It shall be unlawful in the Town of Kearny for any person not
residing in the Town, or for any firm or corporation not having its
main office in the Town of Kearny, to dump any waste matter as defined
in this section in, on or upon an officially approved landfill without
first securing permission from the Town Council.
[1973 Code § 83-17]
It shall be unlawful in the Town of Kearny for any person to
throw, cast or place any waste matter, as defined in this section,
originating from beyond and outside the limits of the Town of Kearny
without first securing permission from the Town Council provided,
however, that the prohibitions of this subsection shall not apply
to prohibit the disposal of that amount of solid waste on a daily
basis within the limits of the Town of Kearny as determined by a survey
of the Hackensack Meadowlands Development Commission, which survey
was mandated by the provisions of N.J.S.A. 12:17-10, and which survey
indicated a daily disposal of 2,467.64 tons per day.
[1973 Code § 83-17.1; Ord. No.
3-27-74]
All sanitary landfill operations shall be permitted to be operated
in the Town of Kearny only between the hours of 6:00 a.m. and 6:00
p.m., prevailing time, daily except Sundays.
[1973 Code § 83-17.2; Ord. No.
3-27-74]
No sanitary landfill operator shall accept solid waste for disposal
other than between permitted hours of operation specified herein,
except upon written permission of the Chief Engineer of the Hackensack
Meadowlands Development Commission.
[1973 Code § 83-18; Ord. No. 10-26-93; New]
[1973 Code § 83-6]
Annually, each and every person, firm or corporation desiring
to engage in the business of reclaiming salvageable parts of refuse
material deposited at the Town dumps or Town incinerator shall apply
to the Town Council or other authorized Town official for a permit
to do so at a fee fixed by resolution of the Town Council during the
current calendar year. No such permission shall be granted until and
unless the applicant has satisfied the Town Council or other Town
official of the sufficiency of the methods he intends to use.
[1973 Code § 83-7]
Every collector and salvager of refuse material shall conform
to the ordinances of the Town of Kearny and the regulations of the
Board of Health and of the Street Department and the Town Engineer
governing collection, disposal and salvaging of refuse material.
[1973 Code § 83-8]
The Town Council reserves the right to rescind at any time any
permit or license given to refuse collectors and salvagers when in
its judgment it will be to the best interest and welfare of the Town
of Kearny. This does not apply to permits issued by the Board of Health
for the collection of scrap meat.
