Editor's Note: See also Revised General Ordinances of the Board of Health, Chapter BH8, Solid Waste.
[1982 Code § 11-1.1]
All ashes, garbage and other refuse matter which shall be made
and accumulated in the dwelling houses, hotels, restaurants, stores,
shops and other buildings of the Borough shall be removed by contract,
in such manner and upon such terms as now are or hereafter may be
agreed upon between the contracting parties. This contract shall be
made under the authority of the Council and every person employed
by such contractor in the execution of such contract shall be deemed
to be a licensed scavenger.
[1982 Code § 11-1.2]
a.
It shall be the duty of the contractor to remove and carry away ashes,
garbage and other refuse matter, to furnish a suitable number of covered
scavenger wagons or trucks that are watertight, to be licensed for
that purpose by the State Public Utilities Commission, and to employ
such wagons or trucks to remove and carry away ashes, garbage and
other refuse material to a suitable place which shall be provided
by the contractor.
b.
It shall be the duty of the contractor to pass through every street
in the Borough, with one or more scavenger wagons or trucks once each
week, and promptly to remove and carry away the ashes, garbage and
other refuse matter from each place as herein defined.
[1982 Code § 11-1.3]
Borough residents are required to place garbage in tightly-closed
metal watertight garbage cans and separate ashes and other refuse.
Refuse shall be placed in light cans, tubs, boxes or buckets and placed
at the curb of the house or other building on designated collection
days. For the purpose of collection, all ashes are to be placed in
separate containers from the garbage or other refuse matter.
[1982 Code § 11-1.4]
Any person who shall neglect or refuse to comply with any of
the provisions hereof, and shall allow or permit ashes, garbage and
other refuse matter to remain in or upon any premises occupied by
him after such premises have been visited by the scavenger shall forfeit
and pay a penalty not exceeding the sum of $25.
[1982 Code § 11-2.1]
It shall be unlawful for any person to dump any ashes, trash,
garbage or any other material of any kind on any street in the Borough.
[1982 Code § 11-2.2]
Any person violating this section shall be subject to a fine
of not more than $50 or imprisonment for not more than 30 days, or
both fine and imprisonment in the discretion of the municipal judge
imposing sentence.
Prior ordinance history includes portions of Ordinances 1/25/89,
10/11/89, 8/23/91, 9/25/91, 5/27/92, 11/24/93 and 2/22/94.
[Ord. 11/12/08]
Shall mean a combination of nonputrescible source-separated
recyclable materials for the purpose of recycling.
Shall mean those materials designated within the Morris County
District Solid Waste Management Plan to be source separated for the
purpose of recycling. These materials include:
ALUMINUM CANSShall mean cans made from aluminum that was manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.
GLASS BOTTLES AND JARSShall mean bottles and jars made from glass including clear, brown and green glass or capped. A jar is defined as a wide mouthed container that can be capped. Caps and lids not included. Specifically omitted from this definition are drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex or ceramic.
PLASTIC BOTTLES (CODED 1 AND 2)Shall mean plastic bottles coded to indicate that they are comprised of the specific types of plastic compounds (polymers) known as polyethylene, terephthalate (PETE) or high density polyethelene (HDPE). A bottle is defined as a receptacle having a narrow neck and mouth that can be corked or capped. Caps and lids not included. Any item made of plastic that is not a bottle, and any plastic bottle without one of the symbols shown to the left is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc. should not be recycled.
STEEL (TIN) CANSShall mean an air-tight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
NEWSPAPERShall mean a publication containing news, information and advertising, usually printed on low-cost paper called newsprint. Newspaper may include glossy inserts which come with the paper, dependent upon the market conditions at the time.
CORRUGATED CARDBOARDShall mean containers made with kraft paper linerboard and corrugated medium.
MIXED PAPERShall mean various categories of recyclable paper including, but not limited to white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogues, envelopes, soft cover books.
LEAVESShall mean vegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.
GRASS CLIPPINGSShall mean vegetative material generated when grass (lawns) are curt.
BRUSHShall mean branches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
NATURAL WOOD WASTEShall mean logs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
Shall mean a computer central processing unit and associated
hardware including keyboards, modems, printers, scanners and fax machines;
a cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television and cell phones.
Shall mean rechargeable batteries, such as nickel-cadmium,
nickel-iron, nickel metal hydride, lithium ion, small sealed lead
acid, etc. These are often used as substitutes for nonrechargeable
batteries in standards sizes such as AAA, AA, C, D and 9V. Rechargeable
batteries are commonly found in cordless tools, cellular and cordless
phones, laptop computers, cameras remote controls, toys, etc. Also
included in this definition are nonrechargeable batteries that are
hazardous as defined by the Resource Conservation Recovery Act ("RCRA"),
regardless of the RCRA exclusion of household waste from the definition
of hazardous waste pursuant to 40 C.F.R. 261.4(b). Nonrechargeable,
hazardous batteries include older alkaline and carbon zinc batteries
as well as silver oxide, mercury and magnesium button-type batteries,
etc. It should be noted that domestically manufactured alkaline and
carbon zinc nonrechargeable batteries made after circa 1994 eliminated
mercury content to the point that they should not be considered RCRA
hazardous and therefore are not included in this material category.
Shall mean storage batteries in which the electrodes are
grids of lead containing electrolyte in dilute sulfuric acid. These
include starting batteries such as car batteries that deliver a short
burst of high power to start the engine. In addition, they may include
deep cell batteries found on boats or campers used to power accessories
like trolling motors, winches or lights.
Shall mean appliances composed predominantly of metal, and
may include stoves, washing machines and dryers, for example, if the
appliance is predominantly metal. Also included are air conditioners,
refrigerators and dehumidifiers if they are predominantly metal. If
these appliances on the latter list contain refrigerants that are
prohibited by the Clean Air Act from being knowingly vented, the refrigerant
must be removed accordingly.
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 under subsection (j) of section 3 of the "Hotel and Multiple
Dwelling Law," P.L. 1967, c.76 (C.55:13A-1 et seq.).
Shall mean the person or person appointed by the municipal
Governing Body to fulfill the requirements of the Morris County Solid
Waste Management Plan and the New Jersey Statewide Mandatory Source
Separation and Recycling Act and those rules and regulations promulgated
therefor.
Shall mean the person or persons named by the municipality
who shall fulfill the responsibilities with respect to recycling enforcement
coordination detailed in the March 2007 Morris County Solid Waste
Management Plan and the New Jersey Statewide Mandatory Source Separation
Act and those rules and regulations promulgated therefor.
Shall mean all solid waste generated at residential commercial
and institutional establishments within the boundaries of the municipality
of Victory Gardens which is not bulky waste or construction and demolition
debris.
Shall mean nonhazardous soil that contains petroleum hydrocarbons
(gasoline, diesel, kerosene, jet fuel, #4 & #6 heating oils and
certain other refinery products in accordance with the standards set
forth in N.J.A.C. 7:26).
Shall mean those materials which would otherwise become solid
waste, and mainstream in the form of raw material of products.
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.
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 motor oil from motor vehicles, lawn mowers, boats,
etc., which has served its intended useful purpose.
Shall mean tires that are whole, not chipped into small pieces.
* Tires are allowed to be recycled and/or incinerated for
energy recovery.
[Ord. 11/12/08]
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 Victory Gardens, to separate
designated recyclable materials from the solid waste. Designated recyclable
material shall be deposited separated and apart from other solid waste
generated by the owners, tenants, or occupants of such premises. Designated
recyclable materials 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. 13:1-99.16.6(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 subsection, 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 municipal recycling coordinator
of the total number of tons collected and recycled for each designated
material.
[Ord. 11/12/08]
As set forth in N.J.S.A. 13:1E-99.13.3.b(4)(c), Victory Gardens
accepts the goal of 50% recycling of municipal solid waste by 2015
and shall monitor its level of recycling and solid waste disposal
and shall strive to achieve the recycling of 50% of the municipal
solid waste generated within its borders.
[Ord. 11/12/08]
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 occupants 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 not 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 Victory Gardens.
[Ord. 11/12/08]
The owner of any property shall be responsible for compliance
with this section. 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 the
guidelines or regulations established by the appropriate municipal
office. Violations and penalty notices shall 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. 11/12/08]
a.
All nonresidential generators, including commercial, industrial and
institutional establishments, of solid waste shall be required to
comply with the provisions of this section.
b.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner of their designee, unless the municipality 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 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.
All nonresidential facilities shall report on an annual basis to
the Municipal Recycling Coordinator, no 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. 11/12/08]
a.
Any application to the Planning Board of the municipality of Victory
Gardens, for subdivision or site plan approval for the construction
of multi-family dwellings of three or more units, single-family developments
of 50 or more units or any commercial; institutional, or industrial
development for the utilization of 1,000 square feet or more of land,
must include a recycling plan. This plan must contain, at a minimum,
the following:
1.
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
2.
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
b.
Prior to the issuance of a Certificate of Occupancy by the municipality
of Victory Gardens, the owner of any new multi-family 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.
c.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
[Ord. 11/12/08]
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 section and the local sanitary
code.
c.
Once placed in the location identified by this section, or any rules
or regulations, promulgated pursuant to this section, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable material.
[Ord. 11/12/08]
The Code Enforcement Official, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, the Housing
Officer, and the Morris County Office of Health Management are hereby
individually and severally empowered to enforce the provisions of
this section. 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. 11/12/08]
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this section or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $25 nor more than $1,000. Each
day for which a violation of this section occurs shall be considered
a separate offense.
Fines levied and collected pursuant to the provisions of this
section 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 — any costs attendant to enforcing this
section.
[Ord. 11/12/08]
In the event that it is determined, by a Court of competent
jurisdiction, that any provision or subsection of this section is
unconstitutional, all other sections and provisions shall remain in
effect. This section shall take effect 90 days from its adoption by
the Governing Body.
[Ord. 11/12/08]
Shall mean a construction, renovation, or demolition project
for which a building permit or a demolition permit is required, and
for which a dumpster or roll off-container shall be placed on premises
for the purpose of placement of solid waste materials.
[Ord. 11/12/08]
A debris recovery plan shall be filed with the Municipal Recycling
Coordinator prior to the commencement of any activity for which municipal
approval as further identified above. The debris recovery plan shall
identify the types and estimated quantities of construction and demolition
debris to be generated from the project, how each material will be
managed, and the name of each facility or service provider that the
entity will use to manage each material. The plan shall further detail
how the applicant shall ensure that a minimum of 50% of the materials
to be generated will be separated and recycled.
[Ord. 11/12/08]
a.
Approval. A debris recovery plan shall be reviewed by the Municipal
Recycling Coordinator, and approved if it provides for all the information
required by this section. An approved debris recovery plan shall be
marked "Approved" and returned to the owner of the entity which submitted
the plan.
b.
Denial. A debris recovery plan shall not be approved if it does not
provide all of the information required by this section. If a debris
recovery plan is not approved, the owner of the entity which submitted
the plan, shall be notified in writing that the plan has been rejected,
including the reasons for the rejection. In order to obtain the building
or demolition permit sought, the owner of the entity which will carry
out the construction, renovation, or demolition project shall make
the required changes and resubmit the debris recovery plan to the
Municipal Recycling Coordinator.
[Ord. 11/12/08]
a.
Application. If the owner of an entity carrying out a covered project
experiences circumstances that makes it infeasible to comply with
the diversion requirement cited in this section, the owner of the
entity may apply for an adjustment. The owner shall indicate in writing
why it is infeasible to divert 50% of the materials being generated
from the covered project and specify what percentage of diversion
could be achieved. Increased costs to the owner of the entity carrying
out the covered project will not be an acceptable justification for
an adjustment.
b.
Review. The Municipal Recycling Coordinator shall review the information
supplied by the owner. If warranted the Municipal Recycling Coordinator
shall attempt to contact the owner to discuss possible ways of meeting
the diversion requirement.
c.
Granting of an Adjustment. If the Municipal Recycling Coordinator
determines that it is infeasible for the entity carrying out a covered
project to divert 50% of the generated C&D debris from the covered
project, the percent of diversion required shall be adjusted. The
owner shall be notified in writing of the adjusted diversion requirement.
The owner of the entity carrying out the covered project to meet the
diversion requirement cited in this section, the owner shall be required
to divert the percent of C&D debris required by the adjustment.
d.
Denial of Adjustment. If the Municipal Recycling Coordinator determines
that it is feasible for the owner of an entity carrying out of covered
project to meet the diversion requirement cited in this section, the
owner shall be notified in writing of the denial of the diversion
requirement adjustment.
[Ord. 11/12/08]
a.
Documentation. Upon completion of the covered project, but before
the final inspection, the owner of the entity carrying out a covered
project shall submit in person or by certified mail to the Municipal
Recycling Coordinator, the documentation required to demonstrate that
the applicant has met the diversion requirement. The required documentation
shall include the following:
1.
A completed debris recovery project, signed by the owner of the entity
carrying out a covered project, indicating the quantity of each material
generated during the covered project diverted or disposed.
2.
Receipts from all facilities or service providers utilized to divert
and dispose of materials generated during the covered project; and
3.
Any additional information that the owner or the entity carrying
out the coverage project believes is relevant to determining compliance
with the diversion requirement.
[Ord. 11/12/08]
The Municipal Recycling Coordinator shall review the information
submitted pursuant to this section and determine whether the owner
of the entity carrying out the covered project has complied, or failed
to comply with the diversion requirement. The determination regarding
compliance will be provided to the owner of the entity carrying out
the covered project in writing.
[Ord. 11/12/08]
An owner of the entity carrying out the covered project may
appeal a determination of failure to comply under this section to
the Mayor or Council within 30 days of the decision or determination.
The appeal shall be in writing and shall state the facts and basis
for the appeal. A decision by Mayor and Council shall be final.
[Ord. 11/12/08]
The Code Enforcement Official, the Police Department, the Department
of Health, the Recycling Coordinator, the Property Maintenance Official,
and the Housing Officer are hereby individually and severally empowered
to enforce the provisions of this section. The respective enforcing
official may, in his or her discretion, post warning stickers for
a first offense. An inspection may consist of dumping and opening
of solid waste bags of containers to detect, by sound or sight, the
presence of any recyclable material.
[Ord. 11/12/08]
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this section or any of the rules
and regulations promulgated hereunder shall upon conviction thereof,
be punishable by a fine not less than $250 nor more than $1,000.
[Ord. 9/27/05 § 1]
The purpose of this section is to prohibit the spilling, dumping,
or disposal of materials other than stormwater to the municipal separate
storm sewer system (MS4) operated by the Borough of Victory Gardens,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
[Ord. 9/27/05 § 2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconstant with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by Borough of Victory Gardens, or other public body, and
is designed and used for collecting and conveying stormwater. In municipalities
with combined sewer systems, MS4s do not include combined sewer systems,
which are sewer systems that are designed to carry sanitary sewage
at all times and to collect and transport stormwater from streets
other sources.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted
to the subsurface, is captured by separate storm sewers or other sewage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. 9/27/05 § 3]
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Borough
of Victory Gardens is prohibited. The spilling, dumping, or disposal
of materials other than stormwater in such a manner as to cause the
discharge of pollutants to the municipal separate storm sewer system
is also prohibited.
[Ord. 9/27/05 § 4]
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated ground water (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground waters).
c.
Air-conditioning condensate (excluding contact and non-contact cooling
water).
d.
Irrigation water (including landscape and lawn watering runoff).
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
f.
Residential car washing water, and residential swimming pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from firefighting activities.
i.
Flows from rinsing of the following equipment with clean water:
1.
Beach maintenance equipment immediately following their use for their
intended purposes; and
2.
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded.
3.
Rinsing of equipment, as noted in the above situations limited to
exterior, undercarriage, and exposed parts and does not apply to engines
or other enclosed machinery.
[Ord. 9/27/05 § 5]
This section shall be enforced by the Police Department and/or
other municipal officials of the Borough of Victory Gardens.
[Ord. 9/27/05 § 6]
Any person(s) who continues to be in violation of the provisions
of this section, after being duly notified, shall be subject to a
fine not to exceed $1,250.
