[Adopted 8-25-1987 by Ord. No. 3932 (Ch. 496, Art. I, of the 2004 Code)]
A. 
Terms defined. As used in this article, the following terms shall have the meanings indicated:
CONTRACTOR
The person, firm or corporation having a contract or agreement for the collection, removal and/or disposal of solid waste.
HAZARDOUS WASTE
Any material that is characterized by the EPA that has the following characteristics:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Ignitable, something flammable;
(2) 
Corrosive, or something that can rust or decompose;
(3) 
Reactive, something explosive;
(4) 
Toxic, something poisonous.
OCCUPANT
The owner, agent, tenant, lessee, caretaker or any other person in charge of any premises affected by this article, whichever classification may be appropriate and effective for the enforcement of this article.
PERSON
Includes any individual, partnership or corporation.
SOLID WASTE
Garbage, refuse and other discarded materials.
SOLID WASTE COLLECTION
The activity related to pickup and transportation of solid waste from its source of location to a disposal site.
SOLID WASTE DISPOSAL
The storage, treatment utilization, processing or final disposal of solid waste.
B. 
Word usage. Singular and plural pronouns may be used interchangeably, so that either the singular or the plural shall be inferred, whichever is appropriate. Whenever pronouns are used in any gender, they shall be deemed to refer to the masculine, feminine or neuter gender, whichever may be appropriate or applicable, and the words "and" and "or" may be interpreted to be used interchangeably, whichever may appear appropriate, it being the intent that the particular word, gender or pronoun shall be intended which is apt for the circumstances.
The Township Committee is hereby authorized to award a contract for the removal and transporting of solid waste for a term not exceeding five years or any part thereof upon competitive bidding to the lowest responsible bidder who complies with the regulations respecting the bidding and who furnishes a contractor's surety bond conditioned for the faithful performance of the obligations of the contract. Said bond shall be for each year for which the contract is awarded in a sum equal to the quotient obtained by dividing the amount of the contract by the number of years of the contract, plus 25% of said quotient. Any contract awarded pursuant to this section shall in nowise be construed to afford any exclusive privileges to said contractor with reference to private solid waste contracts in said municipality.
[Amended 10-22-1991 by Ord. No. 4166]
A. 
The collection and/or disposal and transporting of solid waste shall comply with all the rules and regulations of the local Health Department, disposal site and laws of the State of New Jersey, particularly with the rules of the Bureau of Solid Waste Management of the New Jersey Department of Environmental Protection relating to registration, collection, haulage and dumping and the rules and regulations of the Board of Public Utilities.
B. 
The municipal service of collection and disposal of solid waste hereunder shall be limited to curbside collection along public streets and roads that have been dedicated to and accepted by the Township of Union. The municipal service of collection and disposal of solid waste hereunder shall not extend to entry upon private property to remove solid waste from dumpsters or other containers. There shall be no reimbursement from municipal funds to those property owners who do not receive the municipal service of collection and disposal of solid waste.
A. 
The occupant of each property in the Township of Union in the County of Union shall provide suitable receptacles as herein prescribed, in which the occupant shall place and keep solid waste in not more than two containers per dwelling unit or each business, commercial or institutional establishment. The Board of Health may further promulgate additional regulations with regard to businesses and commercial or institutional establishments.
B. 
The occupant of property shall place in each receptacle for solid waste no more material than it can properly hold without spilling.
C. 
All receptacles for solid waste shall be so prepared, covered, handled and set by the occupant or other person that the contents shall be secure and shall not spill or leak on the sidewalk or elsewhere.
D. 
No person or occupant of a store or business and no person or occupant of any other property in a business district shall place any solid waste on the sidewalk or at the curb before 5:00 p.m. of the day prior to the scheduled collection. No person or occupant of any residential dwelling in a residential district shall place any solid waste on the sidewalk or at the curb before 4:30 p.m. of the day prior to the scheduled collection.
[Amended 5-24-1988 by Ord. No. 3970; 2-13-1990 by Ord. No. 4071]
E. 
No solid waste shall be placed in the street for collection.
F. 
Solid waste shall not be stored at the front of residential, business, commercial or institutional property. Storage of solid waste shall be placed in the rear or side yard of property with the greatest area (square footage) as approved by the Board of Health.[1]
[1]
Editor's Note: Original §§ 462-5, Purpose and intent, 462-6, Permit required, 462-7, Debris in excess of one thousand pounds, and 462-8, Debris in excess of two bags, of the 2004 Code, which immediately followed this section, all as added 9-26-1989 by Ord. No. 4050, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Receptacles for placement at the curb, containing solid waste, shall be containers of heavy gauge metal, rubber or plastic. Rigid containers shall be equipped with two carrying handles and a cover and shall be filled to within no more than two inches of the top and shall not weigh more than 50 pounds each.
B. 
Any solid single piece of solid waste may be placed at the curb at any of the times provided for in this article; provided, further, that the single piece does not weigh more than 50 pounds and is not more than four feet in length and can be handled by one man.
C. 
The occupant shall keep all receptacles clean and in a proper condition for safe handling. Containers with holes or tears may not be used.
D. 
In buildings in which two or more families reside, each family shall suitably mark its own receptacles so as to render the receptacles identifiable.
E. 
Immediately after receptacles are properly emptied, the contractor shall return them to the point from which he took them, and the owners of the receptacles shall remove the same not later than 8:00 p.m. of the same day; provided, however, that receptacles in a business district shall be removed from the curb within one hour of the collection.
A. 
All vehicles used in the removal of solid waste shall be subject to the approval of the Township of Union.
B. 
All vehicles used for collection or removal of solid waste shall be provided with a watertight box, body or container, closed and entirely covered with suitable covers, adequate to prevent leakage or dripping or material being blown from the vehicle. Such vehicle shall be kept closed at all times, except during the period of emptying or filling, and shall be kept clean and shall be thoroughly washed inside and outside between each collection and the next subsequent collection and shall be disinfected between each collection and the next subsequent collection, and the contractor shall not permit any such vehicle at any time to become offensive, either through odor or appearance or for any other reason.
C. 
Every vehicle used by the contractor for removal or transportation of solid waste shall carry at least one shovel and one broom and any other equipment which may be necessary for keeping the vehicle clean and for cleaning up the area at which such solid wastes are collected. The contractor shall carefully clean the area from which solid waste is collected, and no solid waste or receptacles shall be left by the contractor on the sidewalk or the curblines or in any area or space from the place of collection to the vehicle. If any solid waste shall fall from the vehicle, either during collection or transportation, such articles shall be immediately gathered and replaced in the vehicle and the place rendered clean.
D. 
The name of the contractor and the number of the vehicle, Board of Public Utilities license number and New Jersey Department of Environmental Protection designation shall be placed on each truck and be distinctly discernible at all times. The Township shall have the right to place signs on the contractor's vehicle to promote recycling, cleanup or beautification of the Township of Union. All vehicles shall be kept in a neat and sanitary condition and shall receive a thorough washing at the end of each day's work.
A. 
The contractor shall report to the Board of Health and to the Township Committee in writing, within 24 hours, all cases in which it is impossible, because of freezing or otherwise, to collect and remove solid waste.
B. 
No solid waste shall be piled higher than the regular height of the sideboards of the vehicle.
C. 
Solid waste can covers may be removed only at the time of collection.
D. 
Neither the contractor or a licensee or any of their agents, collectors or employees or any other person shall pick or sort solid waste. The contents of the containers of solid waste shall be immediately transferred at the time of collection from the curb or from the premises without any unnecessary delay or exposure and without any spilling.
E. 
The contractor and licensees shall see to it that their employees, agents and collectors shall deport themselves diligently to the performance of the necessary work and shall refrain from neglect or insolence or any improper conduct, and the contractor and licensee shall discharge any employee failing in these requirements.
A. 
The contractor shall, on the same day, report to the Health Officer any dispute that occurs between himself and an occupant with respect to removal or disposition of solid waste, and the Health Officer shall thereupon immediately investigate the subject matter and take steps that may be necessary under the circumstances and give necessary emergency instructions and thereupon report in writing concerning the subject to the Township Committee and the Board of Health at their next subsequent meetings.
B. 
The contractor shall maintain an office within five miles of the corporate limits of the Township of Union with a telephone connection and keep said office open from 7:00 a.m. to 5:00 p.m. daily for each day of collection, except Sunday, to receive and transmit to the operatives of scavenger service complaints, notices and directions from the Township or its duly authorized agent and to see that complaints, notices and directions receive prompt and proper attention.
All equipment used by the contractor and any solid waste disposal site used by the contractor shall be subject to inspection by the Health Officer or anyone deputized by him for that purpose at any reasonable time.
A. 
Solid waste shall be collected promptly and punctually at such times as may be specified in the contract between the municipality and the contractor, and removal shall be made not earlier than 7:00 a.m. and not later than 3:30 p.m. Collections at other hours may be authorized by the Township Administrator.
[Amended 12-26-1989 by Ord. No. 4065]
B. 
Neither the contractor nor any of its employees or agents shall engage in any loud or unnecessary noises in the collection or removal of solid waste, and all such collection and removal shall be done quietly.
C. 
The contractor shall notify occupants of the dates set for collection of solid waste and shall also notify them when any change in such dates has been duly authorized.
In the collection, removal and disposal of solid waste, the contractor shall comply with all the provisions of this article and shall comply with the provisions of any other chapter or regulation of the Board of Health or of the Township Committee and with any county, state or federal law or regulation which may pertain to the subject matter.
With each vehicle used by the contractor for the collection of solid waste, there shall be at least one attendant or collector or assistant who is able to understand and speak the English language intelligibly.
No contract for the removal of solid waste made between the municipality and a contractor shall be assignable or interchangeable to or with any other contractor, except with the written consent of the Township Committee of the Township of Union in the County of Union. Any transfer of contract without such consent shall, at the option of the governing body, render the contract null and void and empower the Township Committee, at its option, to award the work to some other person, and the contractor shall be answerable for any loss or damage suffered thereby.
No person shall give any instructions, directions or commands, the result of which or compliance with which would involve a violation of any of the provisions of this article or of any other law or regulation. Any person giving and any person complying with such instructions, directions or commands shall be deemed guilty of violating this article.
Any contractor engaged by the Township of Union must be registered by the New Jersey State Department of Environmental Protection.
It shall be unlawful for any person to pick up, rummage through, disturb or remove any solid waste or other matter set at the curb for removal; provided, however, that this prohibition shall not apply to the contractor engaged by the Township of Union for the removal of solid waste or to its agents, servants or employees when said agents, servants or employees are on duty for said contractor.
[Amended 6-10-2014 by Ord. No. 5310]
A. 
The dumping or disposal of solid waste in an unauthorized area or private trash receptacle within the corporate limits of the Township of Union is prohibited.
B. 
The dumping or disposal of solid waste, vegetative waste, and bulky waste from a commercial establishment or residential property in a Township receptacle within the corporate limits of the Township of Union is prohibited.
[Added 6-11-1991 by Ord. No. 4144]
Any member of the public who supplies information to the Township of Union which results in the imposition and collection of a civil penalty in any action brought pursuant to § 496-17, entitled "Unauthorized dumping or disposal prohibited," shall be entitled to a reward of 10% of the civil penalty or $100, whichever is greater.
[Amended 4-26-1988 by Ord. No. 3963; 6-22-1993 by Ord. No. 4257]
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a minimum penalty of $100 but not exceeding $1,000 or to imprisonment for a period not exceeding 90 days or a period of community service not exceeding 90 days; except that the minimum penalty imposed for persons convicted of violating § 496-17 shall be $500 but not to exceed $1,000 and/or imprisonment for a period not exceeding 180 days or a period of community service not exceeding 180 days. In default of the payment of any penalty imposed hereby, the person so convicted may be imprisoned in the county jail or place of detention provided by the municipality for any term not exceeding 180 days or be required to perform community service for a period of 180 days.