[1]
Editor's Note: See also Board of Health Code for public nuisances.
[1983 Code § 160-1]
This article shall be known and may be cited as the "Municipal
Solid Waste Collection Service Ordinance of the Borough of Pompton
Lakes."
[1983 Code § 160-2]
As used in this article:
The residue from the burning of wood, coal, coke or other
combustible materials.
An establishment engaged in rendering nonrepair services
such as advertising, building, cleaning or equipment rental to business
enterprises on a fee or contract basis.
Any firm, partnership, corporation, company, store, business
service establishment, personal and household service establishment,
retail or wholesale store, restaurant, or boardinghouse. Specifically
excluded from this definition is any professional office or studio
of a resident physician, surgeon, dentist, lawyer, architect, artist,
accountant, musician, teacher or other such recognized profession
which is located within the home of said resident.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any waste or combination of wastes which pose a present or
potential threat to human health, living organisms or the environment,
including but not limited to waste material that is toxic, carcinogenic,
corrosive, irritating, sensitizing, biologically infectious, explosive,
flammable or radioactive and any waste so designated by the United
States Environmental Protection Agency or the New Jersey Commissioner
of Environmental Protection.
A business conducted to render either a personal service,
such as haircutting, shoe repair or dry cleaning, but not including
mortuary services, or a household service, such as insect extermination
or the repair of furniture, small household appliances and television
sets, but not including the repair on the premises of furnaces, refrigerators,
air conditioners and other articles of similar bulk weight, and not
including any business which uses a truck of over three-fourths-ton
rated capacity in the provision of its services.
Nonputrescible solid waste (excluding newspapers, magazines
or other recyclable paper and glass) consisting of both combustible
and noncombustible waste, such as yard clippings, wood, leaves, bedding
and crockery.
Garbage, refuse, newspapers, magazines, glass and other discarded
materials resulting from industrial, commercial and agricultural operations
and from domestic and community activities and shall include all other
waste materials, including liquids, except liquids which are treated
in public sewage treatment plants and except animal and vegetable
waste collected by swine producers licensed by the State Department
of Agriculture to collect, prepare and feed such waste to swine on
their own farms.
The Superintendent of Public Works of the Borough of Pompton
Lakes.
[1983 Code § 160-3]
A.
Except as hereinafter provided, all solid waste accumulated in the
Borough shall be collected, conveyed and disposed of by the Borough.
All solid waste segregated and disposed of in accordance with this
article shall be collected without special charge to the producer.
No person shall collect, convey over any of the streets of the Borough
or dispose of any solid waste accumulated in the Borough.
B.
Exceptions.
1.
Exception for actual producers. This article shall not prohibit the
actual producers of solid waste or the owners of premises on which
solid waste has accumulated from personally collecting, conveying
and disposing of such solid waste, provided that such producers or
owners comply with the provisions of this article and with any other
governing law or ordinances. All such collection, conveying and disposing
shall comply with the provisions of paragraphs B3(a) through B3(d).
2.
Exception for outside collectors. This article shall not prohibit
collectors of solid waste from outside the Borough from hauling such
refuse over the Borough streets, provided that such collectors comply
with the provisions of this article and with any other governing law
or ordinance.
3.
Exception for charities or religious or service organizations. This
article shall not prohibit recognized charities or religious or service
organizations based in the Borough or providing a substantial portion
of their charitable services to Borough residents from collecting
recyclable materials and properly disposing of the same, provided
that:
(a)
All such activities shall be conducted in conformance with all
applicable laws and regulations.
(b)
All materials shall be handled and stored so as not to create
an unsightly, hazardous or unhealthful condition.
(c)
The charity, religious or service organization shall first obtain
permission from the Mayor and Borough Council, which permission may
be revoked by the Mayor and Borough Council when it deems it in the
best interest of the Borough to do so.
(d)
A statement shall be submitted monthly by the charity or religious
or service organization to the Superintendent of Public Works stating
the carrier number of the hauler and the quantity and type of material
collected and removed, and a quantity certification from the hauler
shall accompany each monthly report.
4.
Commercial establishments. The Borough agrees to collect three solid
waste containers or plastic bags from each commercial establishment
at the designated time for collection. Each container must conform
to the specifications set forth in subsection 16-1.4C3(b)[1], and
each plastic bag used for disposal must be of a grade which is 1.3
mil or greater. The containers shall be placed at the curbline nearest
the front entrance of the establishment, but shall not interfere with
pedestrian or street traffic. Any additional solid waste generated
by commercial establishments shall not be collected by the Borough.
Such material shall be stored, collected, removed and disposed of
by the owners or operators of the commercial establishments at their
own expense. Additional garbage shall be collected from said establishments
as hereinafter provided.
C.
Violations. In the event that any solid waste shall be discovered
by the collecting agency placed for collection in violation of this
article, the same shall not be collected unless collection is directed
by the Board of Health, the Mayor and Borough Council or is otherwise
required by law or regulation. Appropriate notice as determined by
the Superintendent of Public Works shall be affixed to the solid waste
not collected advising of the violation.
[1983 Code § 160-4; amended 12-6-2023 by Ord. No. 23-34]
A.
All solid waste accumulated in the Borough by noncommercial establishments
shall be collected, conveyed and disposed of by the Borough under
the administration of the Superintendent of Public Works. The Superintendent
of Public Works shall have the responsibility to propose regulations
concerning the days of collection, type and location of waste containers
and such other matters pertaining to the collection, conveyance and
disposal as he shall find necessary and recommend changes and modifications
to the same. Said regulations shall be subject to adoption by the
Mayor and Borough Council. The Superintendent of Public Works, the
Property Maintenance Code Official and Police personnel shall have
the authority to enforce the ordinances of Pompton Lakes and the regulations
as promulgated by the Superintendent of Public Works.
B.
Appeals. Any person aggrieved by a regulation shall have the right
to appeal to the Mayor and Borough Council, who shall have the authority
to confirm, modify or revoke any such regulation.
C.
Precollection practices.
1.
Separation of solid waste. Garbage, ashes, rubbish, newspapers, magazines
and other recyclable paper and cardboard, glass, plastic, tin cans
and aluminum shall each be placed and maintained in separate containers
or bundles as specific products become part of the mandatory program.
2.
Separation of refuse.
(a)
Garbage. All garbage, before being placed in garbage cans for
collection, shall have drained from it all free liquids.
(b)
Rubbish. All rubbish shall be drained of liquid before being
deposited for collection.
(c)
Cans. All cans shall be thoroughly rinsed and drained before
being deposited for collection.
(d)
Bottles. All bottles shall be thoroughly rinsed and drained
before being deposited for collection.
(e)
Tree trimmings, hedge clippings and similar materials shall
be cut to a length not to exceed four feet and securely tied in bundles
not more than two feet thick and not to exceed 60 pounds before being
deposited for collection.
(f)
Leaves. All leaves shall be dry and placed in biodegradable
paper leaf and lawn waste disposable bags, securely tied and of a
size and capacity not exceeding 15 inches by 12 inches by 35 inches
or a maximum of 50 pounds, per bag, whichever is less.
3.
Containers.
(a)
Solid waste. Solid waste containers shall be provided by the
owner, tenant, lessee or occupant of the premises. Solid waste containers
shall be maintained in good condition. Any container that does not
conform to the provisions of this article or that may have ragged
or sharp edges or other defects liable to hamper or injure the person
collecting the contents thereof shall be promptly replaced on notice.
The Superintendent of Public Works shall have the authority to refuse
collection services for failure to comply herewith.
(b)
Garbage. Garbage containers shall be made of metal or plastic
with suitable handles and tight-fitting covers and shall be watertight.
(c)
Ashes. Ash containers shall be made of metal and shall have
a capacity of not more than 36 gallons; cold ashes only, not to exceed
60 pounds.
(d)
Rubbish. Rubbish containers shall be of a kind suitable for
collection purposes and shall be of such weight as can be handled
by one person.
(e)
Newspapers, cardboard, magazines and books. Newspapers, cardboard,
magazines and books shall be stacked and tied and shall be of such
weight as can be handled by one person and tied with cord of sufficient
strength that it will not break under ordinary handling and shall
not exceed 60 pounds.
(f)
Glass. Glass containers shall be made of metal or plastic, shall
have tight-fitting covers and shall be of a capacity of not more than
36 gallons and shall not exceed 60 pounds.
(g)
Cans. Can containers shall be made of metal or plastic or plastic
bags and have a capacity of not more than 36 gallons and shall have
suitable handles and tight-fitting covers, weight not to exceed 60
pounds.
(h)
Commercial establishments. All commercial establishments shall
store their refuse in containers as specified herein so as to eliminate
wind-driven debris and unsightly litter in and about their establishments.
Approved methods of containerization shall be made of reusable metal
or hard plastic, sealable with a lid, and shall include refuse receptacles,
bulk containers and detachable containers. The number of containers
necessary for each commercial establishment shall be as required to
maintain a clean, neat and sanitary premises as directed by the Superintendent
of Public Works. Spillage and overflow shall be immediately cleaned
up when and as it occurs by said establishment. The Superintendent
of Public Works may order installation of sealed receptacles of the
compactor nature when practicable after a commercial establishment
has been twice warned of a violation of this section.
4.
Storing of solid waste. Any unauthorized accumulation of solid waste
on any premises is hereby declared to be a nuisance and is prohibited.
5.
Points of collection. Solid waste containers shall be placed at the
curbline of the property or at such other location as may be designated
by the Superintendent of Public Works. Containers may be placed at
the collection point at any time after 6:00 p.m. the night before
collection day and before 6:00 a.m. of the day of collection and shall
be removed from the collection point and stored in accordance with
the regulations and ordinances of the Board of Health prior to the
end of the day of collection.
[1983 Code § 160-5]
A.
Frequency of collection.
1.
Residential. Solid waste accumulated by residents shall be collected
at least once a week.
B.
Limitation on quantity. The Superintendent of Public Works shall
provide for the collection of a reasonable accumulation of solid waste
for each family during a collection period.
C.
Special solid waste problems.
1.
Contagious disease solid waste. Removal of wearing apparel, bedding
or other refuse from homes or other places where highly infectious
or contagious diseases have prevailed shall be performed under the
supervision and direction of the Board of Health. Such solid waste
shall not be placed in containers for regular collection.
2.
Flammable or explosive refuse. Highly flammable or explosive materials
shall not be placed in containers for regular collection and shall
be disposed of as directed by the Superintendent of Public Works at
the expense of the owner or possessor thereof.
3.
Waste oil. All establishments selling new motor oil shall comply
with laws and regulations established by the various agencies of the
State of New Jersey. Appropriate signs shall be displayed at said
establishment advising the public of the availability of a waste oil
collection site. Each such collection establishment must maintain
records, available for inspection by the Superintendent of Public
Works or his designated agent, of collection and disposal practices,
including permits and licenses issued by the State of New Jersey or
any other agency, the name, address and number of the hauler removing
the waste oil and the quantities removed. The establishment shall
submit to the Superintendent of Public Works a quarterly statement,
which shall include the name, address and number of the hauler and
the quantities of waste oil removed, and each report shall be accompanied
by a certificate of quantity provided by the hauler. All collection
agencies within the Borough of Pompton Lakes must report the quantities
and qualities of recyclables monthly to the Superintendent of Public
Works.
4.
Hazardous waste. Hazardous waste materials shall not be placed in
containers for regular collection and shall be disposed of at the
expense of the owner or possessor thereof pursuant to the laws and
regulations of the United States of America and its agencies and pursuant
to the laws and regulations of the State of New Jersey and its agencies.
5.
Construction materials, demolition materials, building materials,
cinder blocks, stones, tree stumps and trunks. Construction materials,
demolition materials, building materials, cinder blocks, stones, tree
stumps and trunks shall not be placed in containers for regular collection
and shall be disposed of as directed by the Superintendent of Public
Works.
6.
Emergencies. The collection practices and regulations established
pursuant to this article may be suspended by order of the Mayor during
any period of emergency. An "emergency" shall include disasters, unanticipated
equipment failure, unanticipated manpower shortages or lack of available
sites for disposal.
7.
Public property. The provisions of this article shall not apply to
the collection and removal of property owned or controlled by the
Borough. This exemption shall not apply to any person disposing of
solid waste in or upon public property.
[1983 Code § 160-6; New]
[1983 Code § 160-7]
A.
Any person or commercial establishment violating this chapter with
respect to hazardous waste shall, upon conviction thereof, be subject
to a fine not exceeding $500 or to imprisonment not exceeding 90 days,
or both, for each offense. Each and every day that such violation
continues, after written notice is served upon the person to correct
such violation within five days of the date of service thereof, shall
be considered a separate and specific violation of this article, and
the penalties herein prescribed shall apply to each separate and specific
offense.
B.
Any person violating this article shall be served a written warning
of the violation. If, after two such written warnings for the same
offense, a third offense shall occur, then, upon conviction thereof,
that is conviction of an offense after two warnings, the person shall
be subject to a fine not exceeding $100. Any person or commercial
establishment violating a similar provision of this article, upon
a second conviction thereof, shall be subject to a fine of not less
than $100 nor more than $250. Any person or commercial establishment,
violating a similar provision of this article shall, upon a third
conviction thereof, be subject to a fine of not less than $250 nor
more than $500. Each and every day that a violation continues to exist,
after written notice is served upon the person or commercial establishment
to correct such violation shall be considered a separate violation
of that violation if that violation is not corrected within five days
of the date of service thereof, the penalties prescribed shall run
consecutively. The Municipal Court shall have jurisdiction over these
matters. Summons books for violation of this article shall be supplied
to the Police, the Superintendent of Public Works and the Property
Maintenance Code Official as in any other violations for Borough ordinances.
[1983 Code § 160-8]
A.
Purpose. The purpose of this section is to establish a yard waste
collection and disposal program in the Borough of Pompton Lakes, so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
B.
CONTAINERIZED
STREET
YARD WASTE
Definitions. As used in this subsection:
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
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.
Leaves and grass clippings.
C.
Yard waste collection. Sweeping, raking, blowing or otherwise placing
yard waste that is not containerized in biodegradable bags or tree
trimmings that are not bundled is hereby prohibited.
D.
Enforcement. The provisions of this subsection shall be enforced
by the Pompton Lakes Department of Public Works.
E.
Violations and penalties. Any person(s) who is found to be in violation
of the provisions of this subsection shall be subject to a fine not
to exceed $100.
[1983 Code § 160B-1]
There is hereby created in the Borough of Pompton Lakes a recycling
center whose purpose is to facilitate the collection of recyclable
materials in the Borough of Pompton Lakes. The Recycling Center shall
accept glass, cans, newspapers, plastics, cardboard, magazines, books,
oil, grass clippings, brush and tree limbs, motor vehicle tires, batteries
and appliances (refrigerators, washers, dryers, air conditioners,
freezers, stoves and dishwashers) and such other materials as determined
by the Superintendent of Public Works.
[1983 Code § 160B-2; Ord. No. 2016-27]
A.
The Recycling Center is open to Borough residents. Commercial establishments
located in the Borough shall be permitted access to the Recycling
Center. Residents wishing to dispose of their recyclable materials
must present proof of residency, either through driver's license or
some other form of identification, before they will be allowed access
to the center.
1.
Use of Recycling Center by qualified seniors, veterans and disabled
citizens and surviving spouses of said citizens ("Citizenry"):
(a)
Qualified residents that have completed a Landscaper Grass Removal
Application and receive Borough's approval based upon the criteria
set forth in N.J.S.A. 54:4-3.30 et seq., 54:4-8.10 et seq. and N.J.S.A.
54:4-8.40 et seq. ("State Statutes") shall receive written authorization
for Landscapers providing landscaping services to the applicant for
property within the Borough to dispose of grass clippings at the Recycling
Center two times per month during the period of April 15th through
October 15th. Landscapers shall be required to provide a copy of the
Borough's written approval prior to being able to dispose of
said grass clippings.
(b)
The Citizenry who wishes to take part in this program shall
complete a Landscaper Grass Removal application and submit it to the
Borough for review and consideration.
(c)
The Borough will evaluate applications within a reasonable period
to determine eligibility using the same criteria set forth in the
State Statutes.
(d)
The Borough reserves the right to accept or reject said application
based upon the Citizenry meeting or failing to meet the eligibility
requirements as set forth in the State Statutes. The Borough will
provide the Citizenry with written notification of its approval or
denial of applications within a reasonable period. No Citizenry will
be permitted to take part in this program unless and until it receives
the Borough's written approval.
B.
All recyclable materials shall be placed inside the Recycling Center.
No recyclables shall be placed outside the gates of the Recycling
Center. Any person or persons violating the provisions of this section
shall, upon conviction thereof, be subject to a fine of $500 and 15
days of community service, or by imprisonment for a term not exceeding
90 days, or both.
[1983 Code § 160B-3]
The Recycling Center shall be open for collection Monday through
Saturday, 7:30 a.m. to 3:30 p.m., or at such times to be determined
by the Superintendent of Public Works with the approval of the Borough
Council.
[1983 Code § 160B-4]
It shall be required that all persons, firms, corporations and
other entities, whether public or private, shall be subject to the
mandatory recycling provisions of this article as hereafter set forth.
[1983 Code § 160B-5]
As used in this article:
Products made of aluminum, including aluminum cans, screen
frames, lawn chair frames and similar items.
Containers must not exceed 35 gallons in size, weighing no
more than 50 pounds, and must have approved handles.
Cans of a type commonly used for packaging of food products
but excluding cans used for paint products, pesticides or similar
products.
Box-type products made from paper, commonly used in shipping
and packaging.
Products made from silica or sand, soda ash and limestone,
the product being transparent or semi-opaque or translucent and being
used for packaging or bottling, and other material commonly known
as glass, excluding blue and flat glass and glass commonly known as
window glass.
Uncontaminated paper of the type commonly used in offices,
such as white bond, white stationary, white notepad, computer printout
and white paper forms, excluding carbon and carbonized paper.
All plastic PET bottles (soda bottles) and HDPE jugs commonly
used for packaging of milk, water and juice.
Uncontaminated paper material, including material such as
newspapers, magazines, paperback books, colored or glossy inserts
and advertisement materials.
Leaves and small tree branches.
[1983 Code § 160B-6]
A.
Firms, corporations, partnerships, condominium associations, apartment
complexes and similar entities may arrange for disposal of recyclables
through private contracts, provided that monthly reports and log sheets
shall be submitted to the Borough Superintendent of Public Works listing
items recycled and the specific weights of same for each month. Such
reports shall be filed not later than the 10th day of the subsequent
month for which the report covers. An annual report on total tonnage
of recyclables by type shall be filed not later than January 10 of
the year following the report year.
B.
Individuals not covered by paragraph A shall comply with the provisions
of this article through the use of the Borough Department of Public
Works garbage and recycling pickup or such other source as provided
by the Borough.
C.
All recyclables shall be disposed of pursuant to this article and
either to the recycling center or, when made available, to either
the Borough-provided collector or the authorized private contractor
at curbside.
[1983 Code § 160B-7]
A.
Salvage paper products may be deposited tied and bundled or in paper
bags not to exceed 50 pounds. Plastic bagging is prohibited.
B.
Glass shall be rinsed with lids, metal rings and plastic covers removed
and placed in a container not to exceed 35 gallons in size and weighing
no more than 50 pounds. All color glass (clear, amber and green) shall
be commingled.
C.
Aluminum cans shall be rinsed. Aluminum scrap shall be neatly bundled
in bundles not to exceed 50 pounds and placed in a garbage container
with handles not to exceed 35 gallons in size and weighing no more
than 50 pounds.
D.
Bimetal cans shall be rinsed with lids and labels removed.
E.
Plastic containers shall be rinsed with lids, metal rings and labels
removed.
F.
Yard waste shall be subject to the provisions of this article from
September 1 through December 31 and shall be placed in nonopaque biodegradable
bags. Branches must be no longer than four feet or larger than four
inches in diameter and must be tied and bundled with cord or heavy
string. Branches shall not be placed in garbage cans with the branches
hanging out. On-site composting is permitted. No bag or bundle shall
exceed 50 pounds.
G.
High grade paper shall be separated and kept dry, flat and in a paper
or cardboard box, free of contaminants.
H.
Corrugated cardboard shall be crushed flat and tied with heavy string
or cord, and bundled weight shall not exceed 50 pounds.
[1983 Code § 160B-8]
After recyclables are placed in the Recycling Center or at curbside,
said recyclables shall become the property of the Borough or its authorized
agent. Such recyclables shall not be removed from the Recycling Center
or curbside by any unauthorized entity.
[1983 Code § 160B-9]
A.
Any entity violating subsection 14-2.8 shall be subject to a fine of not less than $500 or greater than $1,000, up to 15 days of community service and imprisonment of up to 90 days for each such offense.
B.
Any entity violating any provision of this article other than those
setting forth specific penalties shall be subject to a fine of not
less than $100 or greater than $1,000, up to 15 days of community
service and imprisonment of up to 90 days for each such offense.
