[Adopted 6-10-1971[1]; amended in its entirety 12-19-2019 by Ord. No. 2019-15]
[1]
Editor's Note: This ordinance specifically repealed former Ch. 24, Garbage Removal, adopted 5-15-1917. See § 24-11.
As used in this article, the following terms shall have the meanings indicated:
ASHES
Includes the solid residue after combustion from material used as fuel for heating and cooking purposes.
BUILDING
A structure that contains one or more units.
BULK TRASH
Trash that is generated from the ordinary housekeeping operations of a residential unit. Bulk waste is items of trash, debris, or discarded household furniture, equipment or other items not falling within the definition of solid waste or recyclables, which shall not fit in the trash container assigned to the resident. Examples of bulk waste include, but are not limited to, couches, chairs, mattresses, box springs, tables, carpeting in lengths of four feet to five feet tied in bundles of less than 50 pounds, padding and the like. Bulk waste must be generated by the customer at the residential unit where it is being collected. Bulk trash does not include contractor generated waste, exempt items and storm debris.
CART
A container designed to be mechanically emptied by an automated or semiautomated collection vehicle.
CODE OFFICIAL OFFICER
The person or person appointed by the municipal governing body who shall be authorized to, among other things, enforce the provisions of this article, and any rules and regulations which may be promulgated hereunder.
CLEANOUTS
More than the allotted trash as defined under bulk trash limits.
COMMERCIAL SECTOR
All designated commercial retail, wholesale, institutional, markets and manufacturing facilities, including, but not limited to, taverns, restaurants, churches, offices, professional offices, day care and private schools and facilities, strip stores, farms and construction and demolition projects, building and projects.
COMPLEX
A property that contains more than one building.
CONTAINER or RECEPTACLE
A roll off, dumpster, cart, can or bag designed to receive and accept solid waste or recyclable materials and prevent spillage of its contents.
CURB
The area adjoining the curbline of the street.
DOCUMENTATION
Original copies, receipts or letters in the form of certified weight receipts or a signed business form letter that shall include the name of the end market or markets and or disposal facility or facilities, the hauler and the generator and shall show the dates and quantity/weights of solid waste and or recycled material.
A. 
AMOUNTA product disposed/sold by weight, count, gallonage or yardage.
DUMPING
Placement of any form of solid waste or recyclables equal to or more than 0.148 cubic yard of solids or 30 US gallons of liquid not placed in a public receptacle or in authorized private receptacle for collection, upon any street, sidewalk or private or public property.
DUMPSTER
A container designed to be mechanically emptied. These dumpsters must have lids.
ELECTRONIC WASTE
A computer central processing unit and associated hardware, including keyboards, modems, printers, scanners, fax machines, VCR and DVD players, radios, rechargeable batters, TVs, electronic components and the like.
ESTABLISHMENT
A place where people live or conduct business.
HAZARDOUS WASTES
Including, but not limited to, motors oils, oil base paint, paint thinners, cleaners, pesticides, and any other item designated by the Federal or State Environmental Protection Agency as to special handling.
ITEM
A product too large to fit into a cart/container or plastic bag.
LANDFILL
A facility designed exclusively to accept solid waste, designed and permitted to meet all Federal and New Jersey Environmental Protection Agency rules and standards.
LITTERING
Placement of any form of solid waste or recyclable material of less than 0.148 cubic yard of solid or 30 US gallons of liquid not placed in a public receptacle or in authorized private receptacle for collection upon any sidewalk, or private or public property.
MEDICAL/BIOHAZARDOUS WASTES
Including, but not limited to, any solid waste which is generated in the diagnosis, treatment (for example, provision of medical service) or immunization of human beings or animals in research pertaining thereto or in the production of testing biologicals. The term does not include any hazardous waste identified or listed under 40 CFR Part 261 or any household waste generated from home self-care as defined in this section.
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 motels, hotels or other guest houses serving transient or seasonal guests as those terms are defined under Subsection j of Section 3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (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 article, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SECTOR
All designated municipal buildings, parks, public events, public school facilities, fire and ambulance facilities.
OCCUPANT
A person or persons, partnership or partnerships, corporation or corporations, or any other entity due to his or its status as an owner or lessee of a property in the Borough of Wenonah.
PERSON
Includes any and all person(s), partnership(s), corporation(s) or any entity.
PLASTIC BAGS
A bag designed to hold solid waste or recyclable materials.
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 product.
A. 
FERROUS AND NONFERROUS METAL AND APPLIANCESWashers, dryers, dishwashers, ovens, hot-water tanks, hot and cold tanks, gas/oil/electric heaters, empty gas tanks, bicycles, metal shelves, storage cabinets, auto parts, metal lawn equipment, or other large appliance commonly referred to as "white goods."
B. 
OZONE-DEPLETING COMPOUNDS (FREON)Items containing chlorofluorocarbons (CFCs) and other ozone-depleting compounds (ODCs), examples which include air conditioners, refrigerators and freezers.
C. 
CANSAluminum, steel, tin and bimetal containers and foil. Labels may be left on.
D. 
GLASSAll bottles, jars and jugs made from silica or sand, soda ash and limestone and used for packaging or bottling or the holding of various matter. Clear, green, brown and other colors are included. This shall not include ceramics, window glass, light bulbs, cooking ware or mirrors.
E. 
PLASTICSAll bottles, jars and jugs commonly marked as "PET(1)" and "HDPE(2)." Rings, caps and labels may be left on. This shall not include tubs or other items not considered a bottle, jar or jug.
F. 
PAPERAll uncontaminated corrugated boxes and panels, newspaper, magazines, books, junk mail, chipboard, computer paper, office paper, copy paper, school paper, etc. This shall not include paper that is treated, waxed or contaminated so as to be a health concern or problem.
G. 
BATTERIESWet cell automotive, motorcycle and boat batteries. Commonly found in six-, twelve-, and twenty-four-volt charges.
H. 
OILSMotor and transmission oils.
I. 
OIL FILTERSOil and transmission filters made in a metal container.
J. 
TIRESPassenger and truck tires and tubes.
K. 
VEGETATIVE YARD WASTELeaves, grass, branches, shrubs, small stumps, bushes, hedge trimmings and weeds.
L. 
MASONRYAll products generally used in the construction of buildings, including, but not limited to, bricks, cinder blocks, asphalt, concrete, rock and stone.
M. 
OTHERAdditionally, all businesses are encouraged to examine their operation for any additional item or items, including, but not limited to, food waste and other plastics that can be recycled over and above the items mandated by these regulations.
RESIDENTIAL SECTOR
All designated single-family and multifamily buildings of two or more separate living units.
ROLL-OFF CONTAINER
A container that is designated to be removable from a vehicle or chassis.
SOLID WASTE
Consisting of solid waste types 10, 13, 13A, 23, 25 and 27, as defined by the New Jersey Department of Environmental Protection Agency, N.J.A.C. 7:26-2.13.
SOLID WASTE INCINERATOR
(Also known as "resource recovery facility" and "waste to energy facility".) A facility designated exclusively to accept solid waste for incineration and designed and permitted to meet all Federal and New Jersey Environmental Protection Agency rules and standards.
SOURCE SEPARATION
The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purpose of recycling.
SOURCE-SEPARATED RECYCLING MATERIALS
Recycling materials which are separated at the point of generation by the generator thereof from solid waste for the purpose of recycling.
STREETS
All public highways, avenues, streets, lanes, boulevards, circles, terraces, drives and public roads, whether dedicated or not, within the limits of the Borough of Wenonah.
TIED BUNDLE
A bundle should be used for the collection and removal of solid waste or recyclable.
UNIT
A single commercial, municipal or residential establishment.
A. 
The Borough Council shall have the power, if in its opinion it is more advantageous to have the garbage, recyclables and other animal and vegetable refuse collected, removed and disposed of by other persons other than authorities of the Borough, to make a contract or contracts for such work or any portion thereof with any individual or individuals, corporation or corporations or government entity. Before making such contract or contracts, the Borough Council shall first adopt specifications for doing of the work in a sanitary and inoffensive manner. Said contract shall be entered into and made only after bids thereof have been advertised according to law and then only to the lowest responsible bidder or bidders unless contracting with another government entity under N.J.S.A. 40A:64-1 et seq. The bidder or bidders to whom the contract is awarded shall give satisfactory bond or other security for the faithful performance of the work except government entities which shall be exempt from this requirement. The contract shall include and, in all respects, conform to the specifications adopted for doing the work.
B. 
The Borough Council shall have the power, if in its opinion it is more advantageous, to have the garbage, recyclables and other animal and vegetable refuse collected, removed and disposed of by another municipality or municipalities through a shared service agreement/interlocal agreement. The shared service/interlocal agreement shall meet the requirements of the collection and disposal of garbage, recyclables and animal and vegetable refuse as specified within the promises and of the covenants, terms and conditions as mutually agreed upon by both parties within the service agreement.
C. 
Combined trash and recycling collection, removal and disposal will be available by the Borough of Wenonah from all places and establishments of the commercial, municipal and residential sectors.
D. 
Combined trash and garbage collection, removal and disposal will not be furnished for the following: warehousing, manufacturing, processing, transportation, construction or servicing businesses and/or any business which, by nature, creates or results in unusual quantities of trash and garbage. All commercial establishments on a single block and lot are considered to be one establishment under this provision. Commercial properties that do not fall into these categories will be provided one receptacle.
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 is not limited to, retail and other commercial establishments and locations, as well as government, schools and other institutional locations within the municipality of the Borough of Wenonah, 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 separated at the curb in a manner and on such days and times as may be hereinafter established by the regulations promulgated by the Borough of Wenonah.
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 this article which require a person generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream the specified recyclables materials if those persons otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this article, 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 the purpose. The form shall include, at a minimum, the following information:
(1) 
The name of the commercial or institutional entity;
(2) 
The street address, location and block and lot designation;
(3) 
The name, official title and phone number of the person and telephone number of the person making the application on the behalf of the commercial or institutional entity;
(4) 
The name, address and official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials; and
(5) 
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 Recycling Coordinator of the total number of tons collected and recycled for each designated material.
The following materials shall be designated recyclables from the commercial, municipal, institutional and residential sectors: ozone-depleting compound appliances, ferrous and nonferrous metals, glass, cans, plastics, paper, newspaper, glass bottles and jars, aluminum cans and containers, bimetal cans, plastic containers (PET No. 1 and HDPE No. 2 plastics), corrugated cardboard, cereal boxes, junk mail, magazines and catalogs, office paper, vegetative yard waste, clean wood waste, used motor oils, tires, and electronic waste such as computers and their components, televisions, stereos, DVDs, CD players, VCRs, telephones, and the like. The Borough shall incorporate any changes made to recycling requirements by the State of New Jersey by statute or regulation.
A. 
Municipal collection. The collection, removal and disposal of all designated materials as determined by the Borough shall be collected by a contractor, the Borough or other agency as designated by the Borough of Wenonah on a schedule determined by the collector and the Borough Council.
B. 
Collection vehicles are granted permission to travel on one-way streets in either direction for the purpose of collection only.
C. 
Owners, occupants or lessees residing within the Borough of Wenonah shall place containers curbside not earlier than 6:00 p.m. on the day preceding collection. All containers shall be removed from the curbside as soon as practical but no later than 7:30 p.m. the day of the collection. All solid waste from special events shall be removed within 24 hours of their completion.
D. 
All containers and dumpsters shall be maintained in a clean and safe manner.
E. 
Garbage, rubbish and other material which is normally set out along the curb, streets or sidewalks for collection or removal shall not be deposited in the Borough trash containers provided by the Borough on public property and elsewhere for occasional use by the general public for deposit of paper, trash and such like material.
F. 
Bulk waste shall be collected once per month as designated by the Borough. Residents are required to call the Borough Office (856-468-5228) prior to the schedule collection date to be placed on the collection list.
G. 
Metal and e-waste recycling shall be collected only according to the Borough schedule. Residents are required to call the Public Works Department (856-468-5300) prior to the scheduled collection date to be placed on the collection list.
A. 
Residential household waste containers shall be provided by the Borough to the occupant, owner or tenant of the property. Receptacles or containers not provided by the Borough shall not be subject to municipal collection and the occupant, owner or tenant shall be responsible for their collection and disposal.
B. 
Containers used for commercial, institutional, construction, demolition or special events shall be subject to the contractual agreement between the hauler and the customer.
A. 
All solid waste shall be placed in waste disposal container (trash cans, trash bags, dumpster) and secured to prevent easy access of vermin, pests and household pets.
B. 
No waste disposal containers shall be filled to the point of overflowing.
C. 
Trash and recycling carts are to be placed at the curb at least four feet apart from each other and clear of any stationary objects, including cars, trees, electrical boxes, mailboxes, and the like.
D. 
Debris or litter on or around trash containers or around construction or demolition projects shall not be accumulated or stored in such a manner that it is likely to be removed by natural forces onto adjacent properties.
E. 
Hazardous waste and medical biohazard waste shall be disposed of separately according to Federal (40 CFR 261) or New Jersey Department of Environmental Protection (N.J.A.C. 7:26-7) disposal regulations.
A. 
The Borough shall provide trash and recycling containers to the residents and qualifying businesses. The containers are not to be overloaded nor exceed the specified weight limit as recommended by the container manufacturer which is 50 pounds for each container.
B. 
Borough-issued containers are the property of the Borough. If a container needs to be replaced due to misuse, unusual damage (outside of wear and tear), lost or stolen or the like, it will be the financial responsibility of the homeowner/property owner to reimburse the Borough for the cost of the container. In the event of nonpayment to the Borough, the Borough shall have the right to place a lien on the property for the cost of the replacement container/containers.
C. 
Residents shall be permitted to purchase additional containers from the Borough for a cost of $65 per container.
A. 
Residential sector. All solid waste and recyclable materials placed for collection shall be placed at the curb according to the instructions from the Borough of Wenonah.
B. 
Municipal sector. All solid waste and recyclable materials placed for collection shall be placed at the curb or loading zone according per the instructions from the Borough of Wenonah.
C. 
Commercial sector. All solid waste and recyclable materials placed for collection shall be placed at the curb according to the instructions from the Borough of Wenonah.
A. 
All solid waste must be properly contained and disposed. No commercial or residential solid waste shall be disposed of in public or unauthorized private container.
B. 
All contractors, construction and demolition projects or jobs must provide their own solid waste and recycling material containers/dumpsters and arrange for removal and proper disposal.
C. 
All commercial building or residential home cleanouts must provide their own solid waste/recycling material containers/dumpsters and arrange for removal and proper disposal.
D. 
All rental/leased commercial or residential property cleanouts must provide their own solid waste/recycling material containers/dumpster and arrange for removal and proper disposal.
A. 
All documentation shall be included with the recycling report. All commercial establishments, cleaning firms or such private hauler responsible for removal of recyclable materials must file completed recycling reports with the Recycling Coordinator. Recycling reports shall be submitted to the Borough Recycling Coordinator as per the following schedule: report period January 1 to December 31, due date February 1 for previous year.
B. 
All construction and demolition projects shall be required to complete an ORM form and submit it along with a request for a permit. The person who signs the form regarding the project shall be responsible for filing solid waste and recycling documentation when the project is completed or at the end of the calendar year, whichever is first.
C. 
All documentation of recycled materials and solid waste from special events shall be submitted to the Borough's Recycling Coordinator no later than 24 hours from the completion of the event.
A. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this article.
B. 
The arrangements for the collection of designated recycling materials hereunder shall be the responsibility of the commercial, institutional or industrial property owner or its designee, unless the Borough provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoor litter receptacles and disposal service for their contents shall all so provide receptacles for designated recycling materials, for those materials commonly deposited in the location of the litter receptacles and shall provide for separate recycling service for those 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 its premises, including the amount of recycled materials, by material type, collected and recycled and the vendor or vendors providing recycling service. Recycling reports shall be submitted to the Recycling Coordinator as per the following schedule: report Period January 1 to December 31, due date February 1 for previous year.
D. 
All construction and demolition projects shall be required to complete an ORM form and submit it along with a request for a permit. The person who signs the form regarding the project shall be responsible for the filing solid waste and recycling documentation when the project is completed or at the end of the calendar year, whichever is first.
E. 
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 process of food or food products, and to maintain such records as may be prescribed for the inspection by any code enforcement officer.
A. 
From time of placement at the designated loading/storage area described herein for the collection by the Borough of Wenonah, in accordance with the terms hereof, items shall be become the property of the Borough of Wenonah or its authorized agent.
B. 
It shall be a violation of this article for any person, firm, charity, corporation, partnership or employee to collect, pick up or cause to be collected or picked up any recyclable items placed for collection by the Borough of Wenonah or its authorized agent.
C. 
Any and each collection in violation hereof from one or more properties shall constitute a separate and distinct offense.
A. 
No person shall throw, deposit or dump solid waste or other materials upon any street, sidewalk or other property.
B. 
No person, while an operator or a passenger in any vehicle, shall throw, deposit or dump solid waste or other materials upon any street, sidewalk or other property.
A. 
It shall be unlawful to combine designated, unsoiled recyclables with other solid waste. Failure to source separate designated materials for recycling is a violation of this article.
B. 
It shall be unlawful for solid waste collectors to collect solid waste that contains visible signs of designated recycling materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste and or recycling materials which visibly display a warning notice indicating that the load is solid waste containing designated recyclable materials and therefore should not be removed for disposal.
C. 
Once placed in the location identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than those authorized by the Borough, shall tamper with, collect, remove or otherwise handle designated recyclable materials.
D. 
No person shall sweep into or deposit in the gutter, street, catch basin or other public place any accumulation of grass clippings or other material from any public or private sidewalk or driveway, with the exception of leaves in accordance with Chapter 27.
E. 
No person shall burn trash or designated recyclables without a permit issued by the New Jersey Department of Environmental Protection or its authorized agent.
F. 
No person shall place or deposit household or commercial solid waste or recyclable material in sidewalk receptacles or in unauthorized private or Borough containers.
G. 
It shall be unlawful for any unauthorized person to deposit trash or recyclables at the Borough facility.
H. 
It shall be unlawful to violate any other provision of this article.
A. 
Private receptacle. Any privately owned/leased receptacle used by any person other than the owner/lessor without the express permission of the owner owner/lessor shall constitute an unauthorized use.
B. 
Public receptacle. Any publicly owned/leased receptacle used by any person other than the owner/lessor without the express permission of the owner/lesser shall constitute an unauthorized use.
The following shall constitute an unauthorized landfill:
A. 
Any facility not licensed by the New Jersey Department of Environmental Protection.
B. 
Any public or private property used for littering or dumping, with or without the property owner's permission.
Any person who violates any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $500 or to imprisonment in the county jail for a period not exceeding 90 days, or both.