The purpose of this article is to establish a standard procedure and policy governing the collection of garbage, yard debris, and household rubbish for qualified properties, as herein defined, in the Borough of Milford.
The provisions of this article shall be construed, together with the provisions of Article II of this chapter and all applicable public health codes presently in force in the Borough of Milford, to the end that the health of the citizens of the Borough of Milford will be protected, and the purposes of both this article and all related ordinances herein set forth are advanced.
A. 
Except as may be set forth herein, and unless the context shall specifically require otherwise, all terms used herein shall have their ordinary meaning(s).
B. 
All definitions contained in Article II of this chapter are deemed incorporated herein as if set forth fully and at length.
C. 
As used in this article, the following terms shall have the specific meanings set forth herein, unless otherwise expressly set forth or unless the context specifically requires a contrary definition:
APPLIANCES
Refrigerators, stoves, dishwashers, clothes washers and dryers, hot-water heaters, white metal kitchen cabinets, furnaces and similar bulky metal-encased items commonly used in kitchens or laundry rooms.
CONSTRUCTION DEBRIS
Scrap lumber, shingles, Sheetrock, cinder block, brick and other masonry and similar debris which is the by-product of building construction, remodeling, demolition, and reconstruction.
GARBAGE
All refuse, entrails and waste of animals and fish and all vegetable matter which has been or was intended to be used as food; all clam, oyster, crab and lobster shells; all other material so specified by the State of New Jersey; and solid waste, exclusive of yard debris and household rubbish, such as wrappings, rags and other solid waste of a nonvolatile or nonexplosive nature, but not including recyclable materials as defined in Article II of this chapter.
HOUSEHOLD RUBBISH
Bulky items, such as furniture, appliances, tires, motor vehicle batteries, yard furniture and recreational apparatus, but not including recyclable materials as defined in Article II of this chapter or construction debris.
QUALIFIED PROPERTIES
Qualified properties are those residential properties including multifamily and apartment complexes which are physically located within the Borough of Milford. Commercial, industrial, and institutional uses, and properties upon which a commercial, industrial, or institutional use are located and conducted, are not served by the Borough's solid waste collection program and are required, at their own expense, to procure appropriate solid waste and recycling removal services.
RECYCLING ORDINANCE
Article II of this chapter, entitled "Source Separation and Recycling."
YARD DEBRIS
All leaves, grass, and hedge clippings, straw, thatch, tree branches, plant stems and roots, tree stumps weighing not in excess of 50 pounds, shrubbery, and other similar materials not intended for human consumption.
Residents and occupants shall place all waste and recycling to be collected in the totes supplied and owned by Milford Borough. The Borough shall furnish ninety-six-gallon totes for the transportation of both solid waste and recycling from dwelling units to the contractor's vehicles. Each property will be provided one ninety-six-gallon tote for solid waste and one ninety-six-gallon tote for recycling. No other cans, bags or resident-owned receptacles will be collected or emptied by the contractor. Totes are the property of the Borough and must remain with the address to which they are assigned and shall remain at the property if the owner/occupant vacates the property.
A. 
A property owner may obtain an additional ninety-six-gallon solid waste tote from the Borough by submitting a request, in writing, to the Borough Clerk. The cost of each additional tote shall be the actual cost to the Borough at the time the request for the additional tote is submitted. The fee for the additional tote(s) shall be paid at the time the request is made.
B. 
Property owners shall pay an additional annual collection fee of $225 per additional solid waste tote. The annual collection fee shall be due at the time the request is made. The fees shall not be prorated and are nonrefundable. Thereafter, the annual collection fee for additional solid waste totes shall be paid each year by the property owner by not later than January 1, with said annual collection fee being determined by the Borough.
C. 
If unpaid, the additional annual collection fee shall become a lien upon the property and shall be added to and become a part of the taxes next to be assessed and levied upon the property and shall bear interest at the same rate as taxes and be collected and enforced by the same officer and in the same manner as taxes.
If a solid waste or recycling tote is lost or stolen, the property owner shall notify the Borough Clerk, and the Borough may, in its discretion, provide a new tote without cost to the property owner. If a tote is damaged by the Borough-contracted garbage hauler, the property owner must immediately upon discovery of said damage notify the Borough Clerk in writing.
A. 
Totes containing waste/recycling to be collected from a resident shall be placed by such resident along the curbline with five feet of clearance on each side of the tote, and the tote shall not be obstructed by parked vehicles, snow, brush, leaves, etc., to ensure adequate room for contractor employees and automated pickup by the Borough contractor.
B. 
The resident shall not place their tote for collection earlier than 5:00 p.m. the day preceding collection. A resident shall remove their waste/recycle totes and any other trash left behind no later than 12:00 noon the day after collection.
C. 
Owners of multifamily complexes shall place totes for the collection of waste/recycling from occupants at such accessible locations for automatic pickup by the Borough contractor within the multifamily complexes as directed by the Sanitation Commissioner of the Borough.
D. 
Residents shall not place any other cans, bags, or resident-owned totes out for pickup.
E. 
Cleanup day. Residents shall place bulk items for collection on the designated cleanup day. Acceptable materials are the following: bicycles, nonmetal furniture [dressers, chairs, tables, sofas, beds (except steel-frame beds)]; carpeting and matting (must be rolled and tied), lawn furniture, nonmetal toys, old doors, windows, screens, tools and mattresses (mattresses must be wrapped in plastic), glass tables and mirrors (must be covered in newspaper and taped to avoid breakage), single items from home repair (for example, a small vanity or single plumbing fixture). Items from construction renovations will not be collected.
F. 
Certain bulk items shall have stickers attached that must be purchased by the resident from the Borough Clerk.
A. 
The Borough awards contracts to contractors for the collection of waste from residents and occupants as a service to its residents.
B. 
Residents shall dispose of all waste generated by them by placing same for collection by the residential contractor in the manner and at the time herein set forth. Residents may dispose of waste through other waste collectors or self-transport to the Hunterdon County transfer station at their sole cost, if they so choose.
C. 
Tenants vacating a property and/or property owners with an excess of waste or recycling that does not fit in the Borough-provided tote must make arrangements with an outside contractor to have the additional items removed, and they shall not place these additional items curbside for regular waste collection.
A. 
Grass clippings and leaves shall be set out for collection, if at all, as in the case of garbage. All such debris shall be separately bagged and labeled as yard debris so as not to be confused with garbage.
B. 
No yard debris shall be mixed with garbage.
C. 
Tree branches and sticks shall be set out for collection on the first Mondays of April through November of each year. Small twigs and branches must be tied into bundles no longer than 12 inches in diameter and four feet in length. Large branches shall be laid neatly with ends facing the same direction.
D. 
Christmas trees shall be placed for collection on any Monday during the Christmas season, which, for purposes of this section, shall be deemed to end on January 31 of each year.
A. 
The Borough of Milford shall provide for the collection of the garbage generated by residences and businesses located within the limits of the Borough of Milford, subject to the strict compliance by such residents and business owners with the provisions of this article, on Mondays of each week, except as herein provided.
B. 
In the event that any Monday shall be a legal holiday or in the event of a snowstorm, emergency or act of God, the collection provided for in Subsection A of this § 164-10 shall take place on the following day or as soon thereafter as is practicable.
A. 
Household rubbish shall be set out for collection as in the case of garbage. Collection thereof may occur as in the case of garbage or on the day thereafter.
B. 
All such rubbish shall be placed for collection in a reasonable amount and in a neat and orderly manner.
C. 
Appliances, which shall include air conditioners and refrigerators (with certification of Freon removed), will not be collected unless the resident has first obtained a sticker from the Borough Clerk and affixed the same to the item. The fee per appliance shall be as prescribed in Chapter 10, Fees, of this Code.
Any resident or business operator of the Borough shall have the right to transport, at the resident's or business operator's sole cost and expense, any large item to the Hunterdon County transfer station in Annandale, New Jersey. The cost of using said transfer station shall be borne by the user.
No construction debris shall be placed for collection. It shall be the responsibility of the resident or business to arrange removal of construction debris by the contractor or individually by contracting for dumpster service or by removing the same to the transfer station.
No recyclables shall be set out for collection hereunder. The Borough shall monitor materials set out for collection hereunder to ensure compliance with this chapter. Recyclables shall be disposed of as provided for in Article II of this chapter.
A. 
Excess disposal. Any residential or business user who shall exceed the limitations set forth in § 164-5 hereof may be billed for the excess by the Borough at the dumpster rate then in effect.
B. 
Recyclables. Any person who shall place for garbage collection any material described as recyclable or which is required by Article II of this chapter to be source-separated for recycling shall be subject to the penalties contained in Article II of this chapter.
C. 
General penalties.
(1) 
Any person who shall otherwise violate the provisions of this article shall be punished by a fine not to exceed $500 or by imprisonment for a period not to exceed 90 days or by directing the offender to perform community service for a period not to exceed 90 days, or all or some of the above, in the discretion of the court.
(2) 
In the event that the court shall direct that community service be performed by a violator, it is urged that the community service be fixed so as to be related to garbage collection, the clearing of litter or the like.
D. 
Termination of collection. In the event that any person shall fail to pay any sums assessed herein for excess disposal or in the event that any person shall violate the provisions of this article three times in the course of any calendar year, the Borough may, in its discretion, terminate collection services for that person's residence or business and require that he arrange for private disposal, at his cost and expense, for his garbage, yard debris, household rubbish and recyclables.