[R.O. 1966 C.S. § 13A:2-1; Ord.
6 S+FC, 9-18-1985 § 1; Ord. 6 S+FL, 6-24-1987 § 1; Ord. 6 S+FC, 11-16-1987 § 1; Ord. 6 S+FA, 10-17-2001 § 1; Ord.
6 S+FJ, 5-17-2006; Ord. 6 PSF-D, 9-15-2010; Ord. 6PSF-F, 6-15-2016; Ord. 6PSF-B, 6-15-2016; amended 6-2-2022 by Ord. No. 6PSF-F, 06-02-2022]
When used in this Title, the following shall mean and include:
BULKY HOUSEHOLD WASTE or BULK ITEMS
Shall mean household items that include couches, tables,
chairs, mattresses, dressers, closets, rugs, exercise equipment and
vanities. The terms shall not include doors, windows, televisions,
concrete, rocks, dirt, sheetrock or any construction debris.
CLEAN FILL
Shall mean clean soil which contains nonsaturated soil material
and which is generally free from bricks, masonry material, rocks over
four inches in diameter, wood, trees, brush, glass, rubber, plastic,
oil, rubbish, or any garbage or discarded material.
COMMERCIAL SOURCE
Shall mean wholesale, retail or service establishments, including,
but not limited to restaurants, markets, retail and wholesale outlets,
theaters, hotels, warehouses, all post-secondary schools, hospitals,
houses of worship, institutions, research facilities, offices and
gas stations.
Any amount of waste produced by any of the aforementioned
sources shall also be considered as a commercial source: all County,
State and Federal buildings, all nonmunicipal governmental and/or
quasi-governmental buildings, any premises which is presently or does
in the future receive a tax abatement under the provisions of N.J.S.A.
40A:20-1 et seq., "Long Term Exemption," any establishment that holds
a type "C" consumption, type "D" distribution or a "Broad C" type
license from the City of Newark according to "Title 4 — Alcoholic
Beverages" of these Revised General Ordinances.
Nothing in this paragraph shall be construed as to apply
to those residential premises under the jurisdiction of the Newark
Housing Authority.
DIRECTOR
Shall mean the Director of the Department of Public Works.
DISPOSAL FACILITY
Shall mean a facility to which solid waste is brought for
disposal and one that is properly licensed and permitted under the
laws of the State of New Jersey.
GARBAGE
Shall mean the meat and vegetable waste solids resulting
from the handling, preparation, cooking and consumption of foods.
Garbage shall be considered to originate primarily in kitchens.
HAZARDOUS REFUSE
Shall mean any waste which poses a present or potential threat
to human health, living organisms or environment. It shall include
waste material that is toxic, corrosive, irritating or sensitizing,
radioactive, biologically infectious, explosive or flammable.
LIQUID POLLUTANT
Shall mean any liquid that, if introduced to the potable
water supply, may result in contamination thereof. The term shall
include, but not be limited to, oil and grease, liquid detergent,
solvents, fuel, paint and pesticides.
LITTER
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof, including but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, can or jar, any unlighted
cigarette, cigar, match or any flaming or glowing material, or any
garbage, trash, refuse, debris, rubbish, grass clipping, or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or their packaging or construction material.
MECHANICAL REFUSE CONTAINER EQUIPMENT
Shall mean any container or equipment used in conjunction
with vehicles designed and/or equipped with hoisting mechanisms for
either dumping refuse or loading a container onto a truck chassis.
OWNER
Shall mean any person who has legal title to any dwelling,
with or without accompanying actual possession thereof; or, who has
equitable title and is either in actual possession or collects rents
therefrom; or, who as executor, executrix, trustee, guardian, or receiver
of the estate of the owner, or as mortgagee or as vendee in possession
either by virtue of a court order or by agreement or voluntary surrender
of the premises by the person holding the legal title, or as collector
of rents, has charge, care or control of any dwelling or rooming house.
Any person who is a lessee or assignee subletting or assigning any
part or all of any dwelling or building shall have joint responsibility
over the portion of the premises sublet or assigned, and any person
who is designated by the owner and who agrees to be in charge of the
premises and who is registered with the Department of Public Works,
Division of Sanitation shall be considered to have joint responsibility
with the owner for any violation of this Title.
PAPER
Shall mean newspapers, periodicals, cardboard and all other
wastepaper.
PERSON
Shall mean and include the singular and plural and shall
also mean and include any person, firm, corporation, association,
club, co-partnership, society or any other organization.
PRIVATE COLLECTION
Shall mean any person engaging in the business of collection
and/or disposing of solid waste other than the City's Department of
Public Works, Division of Sanitation or any such collector acting
as an agent of the City.
PROCESSING
Shall mean preparing or converting recyclable materials so
as to conform to specifications, including but not limited to such
steps as separating materials by type, grade or color, crushing, grinding,
shredding or baling or removing contaminants.
PUBLIC PLACE
Shall mean and include all streets, sidewalks, boulevards,
alleys or other public rights-of-way and all public parks, squares,
spaces, grounds and buildings.
RECEPTACLES
Shall mean any container with an attached lid permitted herein
to properly secure solid waste consistent with the provisions of this
Title and includes mechanical refuse container equipment.
RECYCLING
Shall mean a process by which materials which would otherwise
be disposed of as solid waste are separated, collected, processed
and converted into economically valuable raw materials or products.
RECYCLING FACILITY
Shall mean any solid waste facility utilized to separate
or process solid waste into marketable materials.
REFUSE
Shall mean discarded or salvaged materials.
RESIDENTIAL SOURCES
Shall mean households and other dwelling units not defined
as a commercial source.
RESOURCE RECOVERY
Shall mean the collection, separation, recycling and recovery
of metals, glass, paper and other materials for reuse or for energy
production.
RESOURCE RECOVERY FACILITY
Shall mean any facility which accepts solid waste for the
purpose of primarily generating energy or producing a fuel derived
from solid waste.
RUBBISH
Shall mean non-putrescible solid waste consisting of both
combustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery, and similar
materials.
SOLID WASTE
Shall mean any garbage, refuse, litter and other discarded
materials resulting from industrial, commercial and agricultural operations
and from domestic and community activities and shall include all other
waste materials, including liquids, except for liquids that are treated
in public sewerage treatment plants.
SOLID WASTE COLLECTION
Shall mean the activity related to the collection and transportation
of solid waste from its source or location to a disposal site, a resource
recovery facility or a recycling facility.
SOLID WASTE DISPOSAL
Shall mean the storage, treatment, utilization, processing,
resource recovery or final disposal of solid waste.
SOLID WASTE MANAGEMENT
Shall mean and include all activities related to the collection
and disposal of solid wastes by any person engaging in such process.
SUFFICIENT RECEPTACLE
Shall mean at least one metal or plastic freestanding can
or barrel with an attached lid for each family unit residing on the
premises and at least two such receptacles for each restaurant, market,
store or similar establishment where the aforesaid refuse material
shall accumulate.
SUITABLE RECEPTACLE
Shall mean a receptacle for the purpose of securing solid
waste, made of metal of a substantial nature such as galvanized iron
or plastic with an attached lid, so constructed as to prevent spillage
or leakage of its contents. They shall be water-proofed, not more
than 65 gallons in capacity, and, in the case of a can or barrel,
equipped with an attached lid and a pull handle or handles.
TRADE WASTE
Shall mean all waste material produced by any business, trade
or industry, conducted for profit, as well as all solid waste from
all commercial sources as defined herein.
VEHICLE
Shall mean any motor vehicle, car, truck that is used for
the primary purpose of collecting and/or transporting solid waste
in the City of Newark.