[Adopted 11-23-1993 by Ord. No. 2417 (Ch. 208, Art. II, of the 1978 Code); amended 12-17-2024 by Ord. No. 3572]
As used in this article, the following terms shall have the meanings indicated:
BULKY WASTE
Large household items, i.e., white goods, furniture, appliances, large tree cuttings, carpeting, tires, wood, etc., which because of their size or weight cannot be contained in suitable containers.
COMMERCIAL SOURCE
The origin of waste matter from a wholesale, retail or service establishment, including but not limited to restaurants, markets, offices, retail and wholesale outlets, theaters, hotels and warehouses, building contractors and landscaping contractors.
CONDOMINIUM
The form of ownership so defined in the State Condominium Act, P.L. 1969, c. 257 (N.J.S.A. 46:8B-1 et seq.).
DWELLING UNIT
Any room or group of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are designed to be used for living, sleeping, cooking and eating.
HAZARDOUS WASTE
Any material or substance so defined in N.J.S.A. 13:1E-38 and the regulations thereunder or other federal, state or county statute or regulation which prohibits disposal of said substance or material in the solid waste disposal facility designed for use by the Township.
INSTITUTIONAL SOURCE
Schools, hospitals, churches, research institutions, nursing homes and public buildings.
MULTIPLE DWELLING
Any building or structure of one or more stories and any land appurtenant thereto and any portion thereof in which there are three or more units of dwelling space occupied or intended to be occupied by three or more persons who live independently of each other. This definition shall not include any dwelling units held under a condominium form of ownership.
RECYCLABLE MATERIALS
Those materials designated by the Township to have a recycling value. See Chapter 614, Art. I, Recycling.
SEMI-AUTOMATED COLLECTION
A process by which the Township shall collect solid waste from designated areas by means of semi-automated vehicles and carts designated by the Township.
SEMI-AUTOMATED COLLECTION CARTS
The specifically designed solid waste storage container which will be serviced by the automated collection system.
SOLID WASTE
All "solid waste" as defined means solid waste type 10, and "bulky waste" means solid waste type 13 as defined by the New Jersey Department of Environmental Protection subject to collection and disposal as described in §§ 614-11 through 614-19.
SOLID WASTE
Putrescible waste of animal or vegetable origin, usually resulting from the preparation, cooking or consumption of food but may include offal or other waste matter subject to biological decomposition and the resultant malodorous and other nuisance conditions.
SOLID WASTE COLLECTION
The collection and transportation of solid waste, as defined by this article, from its source or other location to a disposal site or other applicable resource recovery facility. "Solid waste" from all residential sources and from commercial and institutional sources shall be placed at the curbside for collection as provided for below.
SOLID WASTE RESIDENTIAL SOURCE
The point of origin of wastes originating as household solid waste from residential, commercial or institutional sources within the Township of Nutley and for any given property limited to that which is generated by the inhabitants of that household. Solid waste generated by private contractors (builders, carpenters, landscapers, etc.) albeit at residential properties, shall be the responsibility of the contractor to properly dispose.
WHITE GOODS
Major household appliances, such as stoves, refrigerators, washers, dryers, etc.
YARD WASTE
Consists of tree limbs or branches, grass clippings, incidental leaves, straw, shrubs, bushes, plants and sod, that will fit within the carts utilized for collection.
The following shall not be subject to solid waste collection as herein provided:
A. 
Recyclable materials (as identified and defined in Chapter 614, Art. I, Recycling, of the Code of the Township of Nutley).
B. 
Industrial waste.
C. 
Hazardous waste.
D. 
Liquid waste.
E. 
Laboratory and pathological waste.
F. 
Waste building materials and rubble resulting from construction, remodeling, repair and demolition operations on residential or commercial buildings, pavements or other structures.
G. 
Tree trunks, large tree limbs and tree stumps.
H. 
Earth and stones.
I. 
Uprooted shrubs, bushes and other large plantings and any waste materials resulting from operations by landscape contractors.
A. 
Effective January 1, 2025, the Township of Nutley shall institute a semi-automated collection program for all properties producing solid waste from a residential source, not currently serviced by a private hauler. This program will utilize Township-issued semi-automated collection carts, as defined in this chapter. All designated properties and dwelling units shall participate in the semi-automated collection program. The use of Township-issued semi-automated collection carts is mandatory for those entities identified herein. No other bags or containers will be collected.
B. 
Identification of semi-automated collection carts. Semi-automated collection carts shall mean a Township-issued 96-gallon, plastic roll-out cart specifically designed for semi-automated collection and having a serial number(s) assigned that is specific to each address receiving semi-automated collection.
C. 
Number of containers issued by the Township. The Township will provide one free semi-automated collection cart for each designated property and/or dwelling unit. Any additional or replacement semi-automated collection carts must be obtained from the Township of Nutley.
(1) 
The fees to obtain additional semi-automated collection carts are as follows:
(a) 
100% disabled vets: carts are free.
(b) 
Residential properties: $85 each with a two-cart limit per dwelling unit.
(c) 
Commercial business: $200 each with a three-cart limit.
(2) 
Residents may apply for special accommodations from this article at the discretion of the Commissioner for Health and Public Affairs.
D. 
Care and placement of semi-automated collection carts.
(1) 
All semi-automated collection carts lids shall be completely closed by the semi-automated collection program participants when placed outdoors or when placed at curbside.
(2) 
When semi-automated collection carts are not at curb for collection, they shall be stored out of the public right-of-way and shall be out of the view from the public right-of-way.
(3) 
All semi-automated collection program participants shall remove snow from the containers to allow the containers to be placed at curbside in a location that allows collection personnel to bring semi-automated collection carts from the curb into the street to access the collection vehicle.
(4) 
No bulk items shall be placed in any container.
E. 
Containers for solid waste for properties, not serviced by the semi-automated collection program, must meet the following specifications:
(1) 
Be made of rigid, durable material such as metal or heavy plastic.
(2) 
Be of no more than 35 gallons' capacity.
(3) 
Be solidly constructed with heavy-duty handles.
(4) 
Have a sturdy, tight-fitting lid.
(5) 
Be in good repair, intact and in suitable condition to adequately contain any solid or liquid waste and to preclude spillage or leakage of contents.
(6) 
Weigh not more than 50 pounds when placed for collection.
(7) 
Not be made of paper or corrugated paper (paper bags and boxes) except that corrugated boxes may be used for dry, non-putrescible solid waste, provided that they are tied or sealed and protected from moisture which would destroy their physical integrity when lifted.
(8) 
Be tightly covered, tied or sealed, intact without holes, creases or other breaks which will allow intrusion of rainwater or access to contents by dogs, cats, squirrels, raccoons, rats, birds or any other animal or vermin.
F. 
Containers for solid waste from multiple-dwelling, condominium or commercial premises, not serviced by the semi-automated collection program, may have a greater capacity than that prescribed herein, provided that they are:
(1) 
Front-load, rear-load or open-top roll-off or closed-top roll-off, or compacting type containers designed to hold recycling or solid waste in preparation for collection as described herein. All such containers shall conform to New Jersey Department of Environmental Protection and ANSI Z245.30 Safety Standards and the ANSI Z245.60 Waste Container Compatibility Dimension Standards or their latest equivalent and shall be maintained as required under N.J.A.C. 7:26 et seq.
G. 
Containers covered under Subsections E and F that are severely damaged or otherwise fail to meet the requirements of this section may be classified as solid waste and collected and disposed of as such by the person or agency responsible for the collection of solid waste.
H. 
Containers covered under Subsections E and F shall be conveniently located on premises for safe and sanitary storage of solid waste and maintained in such manner as to not cause a nuisance or menace to public health.
A. 
The owner and tenant of each residential or commercial establishment, not serviced by the semi-automated collection program, shall be responsible for providing a sufficient number of containers to contain all accumulated waste for all applicable dwelling or business units between periods of removal from the premises.
B. 
There shall be no limit on the number of containers covered under § 614-13E and F placed out for collection, provided that they meet all other requirements as herein provided.
C. 
Any commercial or institutional establishment requiring more than semiweekly solid waste collection or using more than three containers on a single collection shall retain a private hauler to remove its solid waste.
A. 
All containers and semi-automated collection carts, while being stored between collections, shall be maintained in a sanitary manner, and solid waste storage areas shall be adequate in size and kept in a clean, orderly and sanitary condition.
B. 
Containers and semi-automated collection carts are to be placed at the curb in a row, one receptacle or semi-automated collection cart deep and one receptacle or semi-automated collection cart high, except that convenient pedestrian access to the roadway must be provided, and property lines, curb cuts, parking meters and intersections must not be obstructed.
C. 
Containers and semi-automated collection carts of solid waste shall not be set out for collection except during hours of the day or days scheduled for collection of solid waste or the evening before.
D. 
Containers, semi-automated collection carts, or bulky wastes shall not be placed at the curb, on the sidewalk or on any public right-of-way prior to 6:00 p.m. on the day preceding the scheduled collection day, nor later than 5:00 a.m. on the scheduled collection day.
E. 
Containers or semi-automated collection carts may not be stored on any sidewalk or on the side of a building facing any street at any time other than for collection.
F. 
Containers or semi-automated collection carts shall not be permitted to remain at the curb longer than two hours in any commercial zone after having been emptied for collection.
G. 
The property owner of a rental unit shall have ultimate responsibility for the proper placement and removal of containers or semi-automated collection carts for collection.
H. 
Private haulers collecting from the curbside shall collect between the hours of 6:00 a.m. and 6:00 p.m.
A. 
Items too large to be contained in a receptacle or semi-automated collection cart must be broken down or reduced in volume and tied or bundled so that the greatest dimension is not more than four feet, except that sofas, chairs, mattresses and box springs will be accepted without being broken down or bundled. No item or bundle shall weigh more than 50 pounds.
B. 
Bulky waste shall be placed at the curb for collection by the property owner and only at such times as prescribed for regular collection of household solid waste as provided herein.
White goods intended for disposal by the Township shall be placed at the curb by the property owner in accordance with requirements for placement of all other residential source solid waste.
A. 
All retail business establishments that sell food or beverages (including tobacco products, candy and other allied products which may be suitable for immediate consumption) shall be required to maintain permanent litter containers or containers of a type approved by the Township and placed within 10 feet of each entranceway in accordance with Township specifications.
B. 
Every owner, agent, lessee, tenant or occupant of every dwelling, commercial enterprise or other premises where solid waste accumulates in the Township shall provide and maintain in a suitable place on the premises sufficient containers or semi-automated collection carts to contain accumulated solid waste between collection periods. Commercial enterprises shall arrange for removal of accumulated wastes as often as necessary to prevent such wastes from becoming a public nuisance.
C. 
Solid waste collection shall be allowed only between the hours of 6:00 a.m. and 6:00 p.m.
A. 
No person shall throw, drop, dump, tow or otherwise place any form of waste, abandoned automobile, automobile parts or any excavated materials on any property, public or private. At time of collection, all solid waste must be placed inside the closed receptacle or semi-automated collection cart.
B. 
No person shall place or permit to be placed or discharge or permit to be discharged or cast or deposit or cause to suffer to be deposited into any of the brooks or rivers within the limits of the Township or into any tributary thereof, which brooks or rivers empty into the Passaic River, any sewage or waste matter, article or substance, liquid or solid, of any kind.
C. 
No person shall dump, deposit or place or cause to be dumped, deposited or placed any solid waste or other material in any brook, stream or watercourse or the bed thereof in the Township that may in any manner hinder or obstruct the free flow of water in such watercourse.
D. 
No person shall place, cause to be placed or throw or permit to be thrown any solid waste, waste material or wastepaper or discard any article in any street, alley or other public place or upon any private property, whether owned by such person or not, within the Township, nor shall any person throw or deposit any solid waste in any stream or any other body of water, nor shall any person cause, place, sweep or deposit, anywhere within the Township, any solid waste or discard any item, article, thing or material of any kind or nature whatsoever in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, park or parkway or other public place or onto any occupied premises privately or publicly owned.
E. 
No person shall deposit any solid waste or waste matter or material of any kind upon any field, vacant lot or building plot in the Township so that such matter or material is liable to become a nuisance or become a breeding place for mosquitoes, insects, rats or vermin of any kind or which creates a fire hazard or which may tend to extend a conflagration.
No person shall prevent or interfere with any Township employee or agent in the discharge of his/her duties inspecting for the proper placement of containers or recyclable material for collection or the sweeping or cleaning of any street or the removal of sweepings, snow, ice or other solid waste material or the removal of solid waste or recyclable materials.
A. 
Property owners, business operators, landlords and tenants of a property shall each have all the duties and responsibilities prescribed in this article, and no property owner, business operator, landlord or tenant shall be relieved from such duties or responsibilities by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.
B. 
Contract not to alter responsibilities. The respective duties and responsibilities imposed hereunder on the property owner, business operator, landlord or tenant shall not be altered or affected by any agreement or contract to which one or more of them is or are a party or parties.
Any person, firm, corporation or entity found guilty of violating any section of this article shall, upon conviction thereof, be fined not less than $100 nor more than $1,000 or imprisoned for a period not to exceed 90 days, or both, for each violation of this article. Each day that such violation(s) shall continue shall be considered a separate violation.