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; amended 12-5-2023 by Ord. No. 2023-31]
COMBUSTIBLE WASTES
Yard trimmings, rags, wood, cardboard and other combustible waste solids of a nonvolatile or explosive nature.
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within Sussex County.
DISTRICT SOLID WASTE MANAGEMENT PLAN
The Sussex County Solid Waste Management Plan for residential and nonresidential generators.
GARBAGE
Animal or vegetable waste solids resulting from the handling, preparation, cooking and consumption of food.
MULTIFAMILY DWELLING
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.
MUNICIPAL RECYCLING COORDINATOR
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.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of Sussex;
NONCOMBUSTIBLE WASTES
All solid waste material which does not burn.
PERSON
Any individual, corporation, company, partnership, firm, association, organization or a political subdivision of this state subject to municipal jurisdiction.
RECYCLABLE CLASS AND DEFINITIONS
1. 
ALUMINUM CANSFood and beverage containers made entirely of aluminum.
2. 
ANTIFREEZEAn automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
3. 
COMPUTER PRINTOUT/WHITE LEDGERAll computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and note pad).
4. 
CONCRETE, ASPHALT AND MASONRY/PAVING MATERIALAsphalt, concrete, brick, cinder block, "patio blocks," and other masonry and paving materials.
5. 
CONSUMER BATTERIESAny 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).
6. 
CORRUGATED CONTAINERSContainers, brown grocery bags, and similar paper items, usually used to transport supplies, equipment, parts or other merchandise, dunnage.
7. 
GLASS CONTAINERSAU glass containers used for packaging food or beverages.
8. 
HEAVY IRONAll structural steel or ferrous metal, cast iron components.
9. 
LEAD-ACID BATTERIESBatteries 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.
10. 
YARD WASTELeaves, grass clippings, brush and other yard trimmings.
11. 
MAGAZINE AND JUNK MAIL MAGAZINE STOCKWhite and colored paper and envelopes, telephone directories and books.
12. 
MERCURY CONTAINING DEVICESIncludes fluorescent and compact tubes, High Intensity Discharge (HID) and neon lamps, electrical switches, thermostats, thermometers and any batteries containing mercury.
13. 
MIXED OFFICE PAPERItems listed in computer printout/white ledger category when mixed with envelopes, manila folders and colored paper. Material is generated by commercial/ institutional sources.
14. 
NEWSPAPERAll paper marketed as newsprint or newspaper and containing at least 70 percent newsprint or newspaper (American Paper Institute grades #6, #7 and #8-news).
15. 
PLASTIC CONTAINERSContainers such as polyethylene terephthalate (PETE -#1) soda bottles, high-density polyethylene (HDPE -#2) milk, and water or detergent bottles.
16. 
SCRAP AUTOSCrushed or shredded automobile or truck bodies, excluding auto shredder residue or "fluff."
17. 
STEEL CANSRigid 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.
18. 
STUMPS, LOGS AND TREE PARTSUnfinished wood from land clearing projects, storm damage or pruning activities.
19. 
TEXTILESTextiles larger than 15" x 15" (e.g. clean clothing, drapes, curtains, sheets, towels, cloth, belt, shoes, handbags and small stuffed animals).
20. 
TIRESRubber-based scrip automotive and truck tires.
21. 
USED CONSUMER ELECTRONICSAny 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.
22. 
USED MOTOR OILA 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.
23. 
WHITE GOODS AND LIGHT IRONAll 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.
24. 
WOOD SCRAPUnfinished 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).
25. 
NONFERROUS AND ALUMINUM SCRAPAll noncontainer aluminum, stainless steel, copper, zinc, brass, and other metals which generally do not rust.
RECYCLABLE MATERIAL
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.
REFUSE
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.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE SEPARATION
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.
STREET
Any individual, corporation, company, partnership, firm, association, organization or a political subdivision of this state subject to municipal jurisdiction.
[Ord. No. 2001-01, S1]
a. 
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. 
"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. 
"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. 
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. 
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. 
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. 
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. 
Garbage shall be thoroughly and completely drained of all liquids and placed in a receptacle as herein described.
b. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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; amended 12-5-2023 by Ord. No. 2023-31]
The collection of recyclable material shall be in the manner prescribed as follows:
a. 
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. 
All receptacles or dumpsters shall be maintained in accordance with the Health Code of the municipality of Sussex.
c. 
For requirements regarding Yard Waste, see Subsection 15-8.1.
[Added 12-5-2023 by Ord. No. 2023-31]
a. 
Containerized yard waste shall be placed only at the curb or along the street, shall only be allowed during the seven days prior to a scheduled and announced yard waste collection and shall not be placed closer than 10 feet from any storm drain inlet.
b. 
If non-containerized yard waste is placed in a street, or if containerized yard waste is placed in a street more than seven days before a scheduled and announced yard waste collection, or if containerized yard waste is placed closer than 10 feet from any storm drain inlet, the person who generates or is responsible for placement of yard waste must immediately remove the yard waste from the street.
c. 
The owner or occupant of any property, and any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste in the street, unless the yard waste is containerized, subject to the prohibitions set forth in paragraphs a and b of this section.
[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. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this chapter.
b. 
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. 
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. 
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. 
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
b. 
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this chapter and the local sanitary code.
c. 
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).