[Adopted 4-8-1999 by Ord. No. 99-5[1]; amended in its entirety 4-10-2008 by Ord. No. 2008-4]
[1]
Editor's Note: This ordinance also repealed former Art. I, Garbage Collection, adopted 6-11-1946, as amended (Ch. 55 of the 1972 Code).
[Amended 2-8-2024 by Ord. No. 2024-1]
As used in this article, the following terms shall have the meanings indicated:
BULKY WASTE
Includes television sets, mattresses, large furniture, large trash, and similar materials not required to be recycled pursuant to Article II of this chapter.
GARBAGE RECEPTACLE
A watertight container, can, or barrel containing waste for disposal, made of metal or other durable material with a tight-fitting cover, constructed to prevent the spillage of its contents. Garbage receptacles used for collection services from the Borough shall be limited to "one-arm bandit" compatible carts obtained from and assigned by the Borough according to serial number.
ONE-ARM BANDIT
The "one-armed bandit" is an automated refuse collection truck, utilizing specifically designed garbage receptacles to safely collect curbside trash. These vehicles are equipped with a hydraulic arm that extends out to grab and retrieve the garbage receptacle, and then it lifts and dumps it into the truck and returns the empty garbage receptacle to the original location.
SOLID WASTE
Includes all garbage and rubbish normally placed at the curb at residential and nonresidential properties in the Borough of Netcong for regular municipal collection. Solid waste shall not include "designated materials," as defined in Article II of this chapter.
A. 
All solid waste which is generated and/or accumulated in the dwelling houses, stores, restaurants, shops, commercial establishments and other buildings in the Borough shall either be collected by the Borough in accordance with the regulations set forth herein or by a licensed collector.
B. 
No person shall accumulate or permit, suffer or allow the accumulation in any building or on any premises owned, occupied or controlled by him/her any solid waste for a period longer than one week or seven calendar days unless this material constitutes a health hazard, in which case it shall be removed immediately.
C. 
The owner or occupant of every dwelling house, store, restaurant, shop, commercial establishment or other building where solid waste may accumulate shall provide and keep on the premises suitable receptacles for receiving or holding the solid waste and other refuse until it is collected or otherwise disposed of.
[Amended 5-12-2022 by Ord. No. 2022-4; 2-8-2024 by Ord. No. 2024-1]
A. 
Duty to provide.
(1) 
The owner, agent, lessee, tenant or occupant of every dwelling house, store, restaurant, shop, commercial establishment or other building in the Borough where solid waste shall accumulate must ensure proper storage of garbage, trash, refuse and other solid waste in proper garbage receptacles as defined in this article with tight-fitting covers or lids and in such a manner as to prevent the escape of foul odors and access thereto by flies and other vermin. When said receptacles are stored outside, they shall be in the rear yard or side yard only and no less than five feet from any property line. Residents and/or businesses finding these requirements governing outside storage a hardship may appeal, in writing, to the Borough Administrator for relief.
(2) 
On properties containing more than a single unit, the provision of receptacles in compliance with this article for each unit shall be the responsibility of the property owner.
B. 
Number of receptacles. Each dwelling house or other building shall have at least one garbage receptacle and as many more garbage receptacles as are necessary to completely contain all solid waste generated by, or accumulated by, each family unit residing on the premises and by each store, restaurant, shop, commercial establishment or other building, during the period from one collection day to the next ensuing collection day.
C. 
Condition of receptacles.
(1) 
All garbage receptacles shall be cleaned and sanitized as needed after collection. Plastic bags containing food by-products and other solid waste must be stored in a proper garbage receptacle as defined by this article.
(2) 
The use of baskets, cardboard boxes and paper bags, metal or nonissued plastic cans, or other objects as garbage receptacles for solid waste is not permitted.
(3) 
Garbage receptacles by the Borough that endure incidental damage may be able to be repaired. It shall be the duty of the property owner to notify the Borough Public Works Department of any damage to their property's issued can and request repair.
(4) 
Garbage receptacles that are badly broken or otherwise fail to meet the requirements of this article may be classified as solid waste and may be collected as such by the Borough or the Borough's designated agent and/or contractor.
The Borough, by its designated agents, contractor and/or employees, shall collect and remove all solid waste which is generated by any dwelling house, store, restaurant, shop, commercial establishment and/or other building in the Borough when such solid waste is placed into proper garbage receptacles and placed for collection in the manner prescribed in this article.
A. 
Placement. The owners of any premises receiving garbage collection services from the Borough are hereby required to have all solid waste in garbage receptacles, to be placed within five feet of the nearest curbline of a public street in front of their premises or at such location as designated by the Borough for collection. Garbage receptacles shall be placed with the wheels facing away from the street and with at least four feet of clearance on all sides of the receptacles. Garbage receptacles shall not be placed out for collection prior to 6:00 p.m. on the day preceding said collection and shall be removed by 8:00 p.m. on the collection day. Garbage receptacles not placed at the curb by 5:30 a.m. on the day of collection may not be collected. Failure to comply with the requirements of this section shall be deemed a violation of this article. Each day that a garbage receptacle remains at the curb or other authorized location after the time authorized herein shall be deemed a separate offense.
[Amended 2-8-2024 by Ord. No. 2024-1]
B. 
Limitations. Only such solid waste as defined in this article shall be collected by the Borough, provided that these materials are prepared, held, and stored in the manner as required by this article. The Borough will collect up to two approved garbage receptacles per week per dwelling unit, store, shop, restaurant, commercial establishment, or other building. Commercial establishments which generate solid waste in excess of two approved garbage receptacles per week shall be required to utilize the services of a private collector. Garbage receptacles, on days other than collection days, shall be stored or kept in such a place so as not to become a nuisance to the occupants of any dwelling, and at no time shall they be kept closer to the street than the building setback line. All garbage receptacles, except on collection days, shall be screened from public view.
[Amended 2-8-2024 by Ord. No. 2024-1]
C. 
Collection day. The Borough shall provide for one or more scavenger trucks to pass through every public street in the Borough between the hours of 6:00 a.m. and 4:00 p.m. on Friday of each week, subject to holidays and inclement weather, for the purpose of collecting solid waste from each dwelling house, store, restaurant, shop, commercial establishment and other buildings pursuant to the terms of this article.
D. 
Solid waste collectors not to enter private property. The Borough's solid waste collectors are prohibited from entering upon any driveway or into any privately owned buildings for the purpose of collecting solid waste.
E. 
Interference with solid waste collectors. No person shall prevent or interfere with any agent or employee of the Borough in the discharge of his/her duties in the collection of solid waste or in the sweeping or cleaning of any street or in the removal therefrom of any solid waste, snow or ice.
It shall be the duty of the solid waste collection provider to furnish a suitable number of scavenger trucks with watertight bodies and so protected on top that no solid waste or other refuse shall be blown or dropped from said vehicles. Each truck shall, at all times, have at least one broom and shovel to clean up solid waste that may be spilled or otherwise scattered during the process of collection. It shall be a violation of this article for any such solid waste collection provider to neglect or refuse to clean up any solid waste or other refuse spilled or otherwise scattered during collection.
A. 
Applicability. The following items are considered bulky waste items to be picked up by special collection upon application to the Borough in accordance with procedures established by the Borough Council: refrigerator, freezer, central air conditioner, window air conditioner, clothes washer or dryer, stove, dishwasher, metal or wood shed (disassembled and in bundles, per each wood or metal shed), carpet (more than 15 yards), television set (25 inches or greater), mattress and box spring (either or both), water heater, riding lawn mower, sofa or loveseat, furnace, swing set and other similar items.
B. 
Removal of freon or hazardous substances. No bulky waste will be removed unless freon and hazardous substances have been removed. In the case of freon removal, documentation of freon removal must be presented at time of application for removal.
C. 
Application for removal. All Borough residents seeking to have any bulky waste removed from their premises may obtain a request form by visiting or telephoning the Borough Municipal Building. Upon the filing of a written request on the appropriate form and payment of the appropriate fee, a Borough bulk item removal sticker will be provided to the resident. The resident shall affix the sticker to the item and place it at curbside the day before the scheduled pickup date. The Borough will only remove such items that have the appropriate sticker affixed. Damaged, illegible or partial stickers may be deemed void.
D. 
Fees. The fee for a bulky waste sticker shall be as set forth in Chapter 155.
[Amended 7-8-2021 by Ord. No. 2021-17]
Any person engaged in the business of the collection or disposal of solid waste and other refuse shall comply with all of the following requirements:
A. 
Any truck used for the collection and transportation of solid waste shall have a watertight body and be so protected on the top that no solid waste or other refuse shall be blown or dropped from the truck. The solid waste and other refuse carried in the truck shall be confined within its permanent body construction. Such trucks shall be kept covered at all times except during the period of filling or emptying.
B. 
Any solid waste or other refuse which spills or is dropped or blown from a truck either during collection or transportation shall be swept or cleaned up immediately so as not to leave any such matter upon the streets or premises within the Borough.
C. 
All containers or receptacles emptied during the course of the collection of solid waste or other refuse matter shall be returned to the locations from which they were removed during the course of collection.
D. 
In addition to compliance with the foregoing requirements, any person engaged in the collection or disposal of solid waste and other refuse matter within the Borough shall comply with all state statutes, codes and regulations and all municipal ordinances and regulations concerning the collection and disposal of such materials.
To insure the effective operation of the provisions of this article, the Borough Council is authorized to make such written rules, regulations or orders as may be necessary to expedite or further implement the provisions of this article.
[Amended 6-8-2023 by Ord. No. 2023-9]
The expenses of solid waste and recycling collection and disposal shall be paid by fees and service charges as generated by the Netcong Borough Solid Waste and Recycling Utility and governed under Chapter 80 of this Code.
Any person, firm, or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in Article I of Chapter 1 of the Code of the Borough of Netcong.