Editor's Note: Prior ordinance history includes portions
of Ordinances 11/30/61, 4/20/64, 12/4/71 and 85-5.
[Ord. No. 2009-01, S1]
Shall mean yard trimmings, rags, wood, cardboard and other
combustible waste solids of a nonvolatile or explosive nature.
Shall mean a combining of nonputrescible source-separated
recyclable materials for the purpose of recycling.
Shall mean those materials designated within Sussex County.
Shall mean the Sussex County Solid Waste Management Plan
for residential and nonresidential generators.
Shall mean animal or vegetable waste solids resulting from
the handling, preparation, cooking and consumption of food.
Shall mean any building or structure, or complex of buildings
in which three or more dwelling units are owner-occupied or rented
or leased, or offered for rental or lease, for residential purposes
(see N.J.S.A. 13:1E-99.13a) and shall include hotels, motels, or other
guest houses serving transient or seasonal guests as those terms are
defined in the "Hotel and Multiple Dwelling Law," N.J.S.A. 55:13A-1
et seq.
Shall mean the person or persons appointed by the municipal
governing body and who shall be authorized to, among other things,
enforce the provisions of this chapter, and any rules and regulations
which may be promulgated hereunder.
Shall mean all solid waste generated at residential, commercial,
and institutional establishments within the boundaries of the municipality
of Sussex;
Shall mean all solid waste material which does not burn.
ALUMINUM CANSShall mean food and beverage containers made entirely of aluminum.
ANTIFREEZEShall mean an automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
COMPUTER PRINTOUT/WHITE LEDGERShall mean all computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and note pad).
CONCRETE, ASPHALT AND MASONRY/PAVING MATERIALShall mean asphalt, concrete, brick, cinder block, "patio blocks," and other masonry and paving materials.
CONSUMER BATTERIESShall mean any type of button, coin, cylindrical, rectangular or other shaped, enclosed device or sealed container which is utilized as an energy source for commercial, industrial, medical, institutional, or household use. (Does not include lead-acid batteries from vehicles).
CORRUGATED CONTAINERSShall mean containers, brown grocery bags, and similar paper items, usually used to transport supplies, equipment, parts or other merchandise, dunnage.
GLASS CONTAINERSShall mean AU glass containers used for packaging food or beverages.
HEAVY IRONShall mean all structural steel or ferrous metal, cast iron components.
LEAD-ACID BATTERIESShall mean batteries from automobiles, trucks, other vehicles and machinery and equipment, which shall be stored in a manner that protects them from the elements to avoid corrosion and leakage.
LEAVES AND BRUSH LEAVESShall mean brush and other yard trimmings, including grass clippings, from institutions, commercial or industrial sources.
MAGAZINE AND JUNK MAIL MAGAZINE STOCKShall mean white and colored paper and envelopes, telephone directories and books.
MERCURY CONTAINING DEVICESShall mean and include fluorescent and compact tubes, High Intensity Discharge (HID) and neon lamps, electrical switches, thermostats, thermometers and any batteries containing mercury.
MIXED OFFICE PAPERShall mean items listed in computer printout/white ledger category when mixed with envelopes, manila folders and colored paper. Material is generated by commercial/ institutional sources.
NEWSPAPERShall mean all paper marketed as newsprint or newspaper and containing at least 70 percent newsprint or newspaper (American Paper Institute grades #6, #7 and #8-news).
PLASTIC CONTAINERSShall mean containers such as polyethylene terephthalate (PETE -#1) soda bottles, high-density polyethylene (HDPE -#2) milk, and water or detergent bottles.
SCRAP AUTOSShall mean crushed or shredded automobile or truck bodies, excluding auto shredder residue or "fluff."
STEEL CANSShall mean rigid containers made exclusively or primarily of steel, tin-plated steel, and composite steel and aluminum cans used to store food, beverages, paint and a variety of other household and consumer products.
STUMPS, LOGS AND TREE PARTSShall mean unfinished wood from land clearing projects, storm damage or pruning activities.
TEXTILESShall mean textiles larger than 15" x 15" (e.g. clean clothing, drapes, curtains, sheets, towels, cloth, belt, shoes, handbags and small stuffed animals).
TIRESShall mean rubber-based scrip automotive and truck tires.
USED CONSUMER ELECTRONICSShall mean any appliance used in a business that includes circuitry. Includes components and subassemblies of the electrode products. Examples include computers and peripherals, printers, copiers, VCRs, televisions, cell phones and fax machines, etc.
USED MOTOR OILShall mean a petroleum base or synthetic oil whose use includes, but is not limited to, lubrication of internal combustion engines, which through use, storage or handling has become unsuitable in its original purpose due to the presence of impurities or loss of original properties.
WHITE GOODS AND LIGHT IRONShall mean all large appliances such as washers, dryers, refrigerators, etc., as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums, and other non-structural ferrous scrap.
WOOD SCRAPShall mean unfinished lumber from construction or demolition projects including pallets. Unfinished shall mean nonchemically treated (not pressure treated, impregnated with preservatives, insecticides, fungicides, creosote, or other chemicals, and not painted, resin-coated or otherwise surface treated, and not laminated or bonded; and not similarly altered from its natural condition).
NONFERROUS AND ALUMINUM SCRAPShall mean all noncontainer aluminum, stainless steel, copper, zinc, brass, and other metals which generally do not rust.
Shall mean 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.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
and solid market and industrial wastes, whether combustible or noncombustible.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes.
Shall mean recyclable materials which are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
Shall mean 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.
[Ord. No. 2001-01, S1]
a.Â
The owner, agent, lessee, tenant, or occupant of every dwelling house
or other premises where refuse accumulates shall provide and keep
on such premises sufficient and suitable receptacles with tight fitting
covers for receiving and holding the refuse.
1.Â
"Sufficient" is defined for the purpose of this section to be at
least one receptacle for each family unit or other occupant of premises
and at least two such receptacles for each commercial or business
establishment where the aforesaid refuse shall accumulate, but each
occupant of premises shall provide sufficient receptacles to store
all refuse which may be accumulated there between the times when such
refuse is disposed of as hereinafter provided.
2.Â
"Suitable" is defined for the purpose of this section to be a water-tight
metal, rubber or plastic receptacle with a tight fitting cover so
constructed as to prevent spilling or leakage of its contents.
b.Â
Each receptacle for use at a single residence shall have a capacity
of not more than 35 gallons and be equipped with a pull handle or
handles.
c.Â
Receptacles for refuse from multi-dwelling units or industrial premises
may have a greater capacity than that prescribed in paragraph b of
this section provided they meet the other qualifications of a suitable
receptacle and are equipped for handling by motorized equipment, cleaned
and sanitized as needed after emptying and replaced by the same type
of receptacle if removed for emptying.
d.Â
Receptacles that are badly broken or otherwise fail to meet the requirements
of this section, may be classed as refuse and collected and disposed
of as such by the person or agency responsible for the collection
of refuse, provided that such receptacle shall not be collected if
it appears to have been suitable under the definition of this section
at some previous time without a written notice being delivered to
the owner of the fact that the receptacle is not deemed suitable at
least ten days before the receptacle is collected.
e.Â
Receptacles shall be conveniently located on premises for the storage
of refuse and maintained in such a manner with the cover in place
as to prevent creation of a nuisance or menace to public health.
[Ord. No. 2009-01, S1]
a.Â
Garbage shall be thoroughly and completely drained of all liquids
and placed in a receptacle as herein described.
b.Â
Combustible or noncombustible waste of such a nature that it cannot
be deposited in a receptacle shall be securely and properly tied into
bundles or packages to prevent spilling or scattering. The bundles
or packages shall be of a size and weight to permit ease of handling
by one man and shall be packaged or otherwise assembled in quantities
weighing not more than 40 pounds.
c.Â
Receptacles for refuse shall not be set out for collection except
during hours of a day scheduled for collection of refuse or the evening
before.
d.Â
The person occupying any premises whereon a business or industry
is conducted shall arrange for the removal of refuse from such premises
each day unless sufficient and suitable facilities are provided and
used for the storage of such refuse within a building on such premises
until the refuse is removed.
e.Â
Receptacles or other items to be disposed of shall be placed as noted
above anytime after 5:00 p.m. of the day immediately preceding the
day of collection. After collection, any containers shall be removed
from the curbside by no later than 7:00 p.m. of the day of collection.
[Ord. No. 2009-01, S1]
a.Â
The person occupying any residential premises shall be required to
arrange for the pickup, collection, or disposal of refuse from the
premises at least once a week during a period when the premises are
being occupied and used by such person.
b.Â
Bulk items, subject to regulations and restrictions established from
time to time by the governing body, may be placed curbside for pickup
or delivered to the borough's designated collection center. The
bulk items must have a sticker affixed to the item which may be purchased
at the municipal building. Stickers may only be purchased by borough
residents. Stickers for curbside pickup shall cost $20 and stickers
for delivery to the collection center shall cost $10.
[Ord. No. 2009-01, S1]
There shall be no bulk item pickup or drop off for businesses
or commercial locations. Businesses shall be responsible for contracting
for pickup or dumpsters to meet their needs.
[Ord. No. 2009-01, S1]
No refuse shall be disposed of except at a sanitary landfill
established, conducted, operated and maintained in accordance with
standards established by the State Department of Environmental Protection.
[Ord. No. 2009-01, S1]
a.Â
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 municipality of Sussex, to separate designated
recyclable materials from all solid waste. Designated recyclable materials
shall be deposited separate and apart from other solid waste generated
by the owners, tenants, or occupants of such premises and shall be
placed separately at the curb in a manner and on such days and times
as may be hereinafter established by regulations promulgated by the
(municipality or department within the municipality).
b.Â
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source separate from
the municipal solid waste stream, the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this 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 municipal recycling coordinator
of the total number of tons collected and recycled for each designated
material.
[Ord. No. 2009-01, S1]
The collection of recyclable material shall be in the manner
prescribed as follows:
a.Â
All containers and brown paper bags containing recyclable materials
shall be placed, prior to collection, between the curb and the sidewalk,
or in the absence of curb and sidewalk, as near to the street as not
to constitute a danger, where such receptacles shall be readily accessible
to the collector without providing obstruction to pedestrians. The
owner or occupant of the premises shall keep all receptacles clean
and in safe handling condition. Receptacles or other items to be disposed
of shall be placed as noted above anytime after 5:00 p.m. of the day
immediately preceding the day of collection, but no later than 6:00
a.m. of the day of collection. After collection, any containers shall
be removed from the curbside by no later than 7:00 p.m. of the day
of collection.
b.Â
All receptacles or dumpsters shall be maintained in accordance with
the Health Code of the municipality of Sussex.
[Ord. No. 2009-01, S1]
The owner of any property shall be responsible for compliance
with this chapter. 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 appropriate municipal office. 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.
[Ord. No. 2009-01, S1]
a.Â
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this chapter.
b.Â
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. 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.Â
Every business, institution, or industrial facility shall report
on an annual basis to the 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.Â
All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle grease and/or cooking oil created in the processing
of food or food products, and maintain such records as may be prescribed,
for inspection by any code enforcement officer.
[Ord. No. 2001-01, S1]
a.Â
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.Â
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 chapter and the local sanitary
code.
c.Â
Once placed in the location identified by this chapter, or any rules
or regulations promulgated pursuant to this chapter, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable material.
[Ord. No. 2009-01, S1]
Prior to the issuance of a certificate of occupancy by the municipality
of Sussex, the owner of any new multifamily housing or commercial,
institutional, or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the municipality does not otherwise provide this service.
[Ord. No. 2009-01, S1]
The code enforcement officer may, by regulation approved by
the borough council, adopt rules and regulations to carry out the
provisions of this chapter and the violation of such rules and regulations
shall constitute a violation of this chapter.
[Ord. No. 2009-01, S1]
The code enforcement official, the department of health, the
recycling coordinator, the property maintenance official, the housing
officer, and the Sussex County Department of Health (one or more may
be chosen) are hereby individually and severally empowered to enforce
the provisions of this chapter. 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.
[Ord. No. 2009-01, S1]
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this chapter or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $50, nor more than $1,000. Each
day for which a violation of this chapter occurs shall be considered
a separate offense.
Fines levied and collected pursuant to the provisions of this
chapter for recycling violations shall be immediately deposited into
the municipal recycling trust fund (or equivalent). Monies in the
municipal recycling trust fund shall be used for the expenses of the
municipal recycling program, including (for example, purchase of containers
for distribution, educational materials, inspection costs).
