[HISTORY: Art. I adopted by the Township Committee (now Township Council) of the Township of Hillside as indicated in article histories. Art. II et seq. adopted by the Township Council as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-21-1971 as Ch. XV of the 1971 Code]
A. 
Until otherwise provided, all ashes, garbage and other refuse shall be collected and removed in the Township by a contractor employed for that purpose. The cost and expense thereof shall be assessed and collected as a part of the general tax levy of the Township.
B. 
The Township Council shall advertise for bids for the removal of ashes, garbage and other refuse from the Township by a competent person under rules and regulations as may be established by the Township Council and shall award the contract to the lowest responsible bidder. The contractor receiving the bid shall give satisfactory bond or security for the faithful performance of the work. If, in the judgment of the Township Council, it should be advised to award a contract for a period of time longer than one year, the Council shall have the power to do so.
[Amended 5-5-1987 by Ord. No. G-270-87; 3-7-1989 by Ord. No. G-290-89; 3-25-2008]
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ALUMINUM CANS
Includes all disposable containers fabricated primarily of aluminum and commonly used for soda, beer or other similar beverages and usually having a capacity of seven ounces or larger.
CARDBOARD
Includes all thin, stiff pasteboard of the type used to make boxes and shall also include corrugated cardboard and boxes.
CLEAN FILL
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
Wholesale, retail or service establishments, including, but not limited to, restaurants, markets, retail and wholesale outlets, theaters, hotels, warehouses, all primary and secondary schools, clinics, hospitals, houses of worship, institutions, research facilities, offices and gas stations, when any such establishments place at the curb for collection at any time an amount of waste in excess of three suitable and sufficient receptacles or 100 pounds in the aggregate of any collection period. If such excess amount of waste is present, the entire amount of waste placed at the curb shall be considered a "commercial source." Any amount of waste that is produced by any of the following sources shall be considered as a "commercial source": all court, state and federal buildings, all nonmunicipal governmental and/or quasi-governmental buildings or any residential premises that contain four dwelling units or more.
DISPOSAL FACILITY
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.
GLASS
Includes all products made from silica or sand, soda ash and limestone, the products being transparent or translucent and being used for packaging or bottling of various matter and all other material commonly known as "glass," excluding, however, blue and flat glass commonly known as "window glass."
HAZARDOUS WASTE
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, ignitable or reactive.
LITTER
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, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
MECHANICAL REFUSE CONTAINER EQUIPMENT
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.
MEDICAL WASTE
All waste materials produced as a result of the practice of medicine, psychiatry, chiropractic, dentistry, veterinary medicine or the operation of a medical laboratory, including, but not limited to, any body fluids or parts, any instruments or devices, syringes, hypodermic needles, gauze, bandages, casts and alike, as used in the examination or treatment of humans or animals; and all laboratory materials, including, but not limited to, chemicals, medicines, drugs, test tubes, slides and other laboratory equipment.
OWNER
Any person who has a legal title to any dwelling or building or land, 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 building or land. Any person who is lessee or assignee subletting or assigning any part or all of any dwelling or building or land 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.
PAPER
Includes all newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and related types of cellulosic material containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coatings or saturants.
PAPER PRODUCTS
Any paper items or commodities, including, but not limited to, paper napkins, towels, corrugated and other cardboard, construction material, toilet tissue, paper and related types of cellulosic products containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coatings or saturants.
PARK
A park, reservation, playground, beach, recreation center or any other public areas in the Township owned or used by any public agency and devoted to recreation purposes.
PERSONS
Includes all individuals, partnerships, corporations, owners, tenants, lessees, occupants, guests, associations, organizations, or political subdivision of this state subject to municipal jurisdiction, including but not limited to any such person residing in, attending, visiting, owning, operating, managing, leasing or otherwise occupying any residential, commercial, institutional, educational, or industrial premises within the Township of Hillside.
RECYCLING
A process by which materials which would otherwise be disposed of as a solid waste are separated, collected, processed and converted into economically valuable raw materials or products.
RECYCLING BUSINESS AND INDUSTRY
A for-profit business which collects, processes, sells, purchases or converts recyclable materials.
RECYCLING FACILITY
Any solid waste facility utilized to separate or process solid waste into marketable materials.
REFUSE
Any discarded materials.
RESIDENTIAL SOURCES
Households and other dwelling units not defined as a commercial source.
RESOURCE RECOVERY
The collection, separation, recycling and recovery of metals, glass, paper and other materials for reuse or for energy production.
RESOURCE RECOVERY FACILITY
Any facility which accepts solid waste for the purpose of primarily generating energy or producing a fuel derived from solid waste.
RECYCLABLE MATERIALS
Includes items such as aluminum cans, cardboard, glass, used newspapers and any other item which may be included through regulations authorized by the Township Council.
RUBBISH
Nonputrescible solid waste consisting of both combustible wastes, such as paper, wrappings, cigarettes and cardboard and tin cans, yard clippings, wood, glass, bedding and crockery, and similar materials. "Rubbish" includes all of the accumulations and waste substances from private houses and premises, boardinghouses, commercial and industrial establishments and all public places and shall include discarded furniture, appliances, equipment, grass, rakings of yards and lawn, when free from earth and stones, building materials, refuse from any building or refuse from old buildings which have been torn down or construction refuse from renovations and repairs.
SOLID WASTE
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 which are treated in public sewage treatment plants. Solid waste shall include:
A. 
Any garbage, refuse, sludge or any other waste material.
B. 
An "other waste matter" is any solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining or agricultural operations or from community activities which:
(1) 
Is discarded or is being accumulated, stored or physically, chemically or biologically treated prior to being discarded;
(2) 
Has served its original intended use and sometimes is discarded; or
(3) 
Is a manufacturing byproduct and sometimes is discarded.
C. 
A material is "discarded" if it is abandoned by being:
(1) 
Disposed of;
(2) 
Burned or incinerated; or
(3) 
Physically, chemically or biologically treated, other than burned or incinerated, in lieu of or prior to being disposed of.
D. 
A material is "disposed of" for purposes of this section and article if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water so that such material of any constituent thereof may enter the environment or be emitted into the air or discharged into groundwater or surface water.
SOLID WASTE COLLECTION
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
The storage, treatment, utilization, processing, resource recovery or final disposal of solid waste.
SOLID WASTE MANAGEMENT
Includes all activities related to the collection and disposal of solid wastes by any person engaging in such process.
SOLID WASTE RECEPTACLES
Any container permitted herein to properly secure solid waste consistent with the provisions of this article and includes mechanical refuse container equipment.
SUFFICIENT RECEPTACLE
At least one metal or plastic freestanding can or barrel for each family unit residing on the premises. Nothing in this article shall prohibit the additional use of plastic bags for the disposal of solid waste during collection periods. Such plastic bags shall be of appropriate thickness and strength to prevent them from tearing or ripping when full.
SUITABLE RECEPTACLE
A receptacle, can or barrel made of metal of a substantial nature such as galvanized iron or plastic, so constructed as to prevent spillage or leakage of its contents; or, in the alternate, plastic bags during collection periods. They shall be waterproofed, not more than 18 inches in diameter and 26 inches in height, not more than 30 gallons in capacity and, in the case of a can or barrel, equipped with a pull handle or handles.
TRADE WASTE
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
Any motor vehicle, car or truck that is used for a primary or intended purpose of collecting and/or transporting solid waste within the Township of Hillside.
[Amended 7-15-1975 by Ord. No. G-71-75; 5-5-1987 by Ord. No. G-270-87; 3-7-1989 by Ord. No. G-290-89; 8-20-2013 by Ord. No. O-13-011; 10-9-2018 by Ord. No. O-18-11]
The Township Council shall have power from time to time to establish and promulgate rules and regulations governing the removal and disposal of ashes, garbage and refuse and to carry out the terms and provisions of this article. A violation of any rule or regulation established by the Township Council shall be considered a violation of the terms of this article, and any person failing to comply with the rules and regulations shall be subject to the penalties provided in § 261-28.
A. 
Equipment and labor expense of contractor. The contractor shall at his expense perform and execute all of the work necessary in the collection, removal and disposal of ashes, garbage and refuse. The contractor shall furnish all vehicles, equipment and labor necessary for the collection of rubbish and garbage.
B. 
Collection of garbage and rubbish.
(1) 
The contractor shall remove or cause to be removed all offal, garbage and household refuse placed by the curb by dwelling houses, stores and other buildings or premises in the Township (not including buildings or premises in which steam power is used for manufacturing purposes) and deposit the same outside the corporate limits of the Township. The contractor shall furnish the Township Council with a permit consenting to such deposit from the governing body or Board of Health of the municipality in which the materials are to be disposed of.
(2) 
The contractor shall not permit any ashes, garbage or refuse matter to be thrown, to fall or to leak on the streets or sidewalks of the Township either by his employees engaged in emptying the materials into the vehicles or from his vehicle while standing upon or passing along the street. It shall be the duty of all employees and persons engaged in the collection of the materials to gather up and place in the vehicles all materials that may by chance fall or be thrown upon the streets or sidewalks in the course of the removal of the same.
(3) 
On or after the date fixed and promulgated by the Public Works Superintendent, it shall be mandatory for all persons to separate the recyclable materials as designated by the Public Works Superintendent for separate collection from all other solid waste produced in or disposed of by such persons.
(4) 
On the dates and in the manner set forth in the regulations promulgated hereunder, the recyclable materials shall be placed at curbside for collection by the contractor.
(5) 
From the time of placement at the curb by any person or persons of any recyclable material for collection by the Township of Hillside pursuant to the program established hereby and the rules and regulations issued hereunder, such materials shall become the property of the Township of Hillside and it shall be a violation of this article for any person other than authorized personnel of the Department of Public Works, contractor or the resident to collect, pick up or cause to be collected or picked up such materials. Each such collection in violation hereof from one or more persons during said period shall constitute a separation and distinct offense.
(6) 
This subsection shall not prohibit or restrict any owner, agent, lessee or occupant of premises from making his or her own arrangements for private collection of its recyclable materials or garbage, provided that notice of said private arrangement or agreement is registered with the Department of Public Works, and provided further that the recyclable materials are not placed at curbside on or immediately preceding regular municipal collections.
(7) 
The Township of Hillside is not required to collect solid waste from any occupant or owner who includes newspaper, glass or used aluminum cans with his or her solid waste or does not place and contain with separated items for collection in accordance with this article or authorized regulation.
(8) 
The Township Council may, in accordance with its statutory authority, negotiate and enter into franchises or agreements with qualified persons to make collection of one or more of said recyclable materials and for the sale or disposition of said recyclable materials for the resultant benefit of the municipality.
C. 
Preparation of garbage for collection; containers. All property owners, tenants or persons in possession are required to provide durable garbage containers equipped with a portable top. All newspapers and other paper material, including cardboard and cartons, shall be securely wrapped in bundles convenient for handling and so as to prevent separation and blowing about by the wind, and all cartons shall be broken down so as to be wrapped as flat pieces of cardboard. The use of paper cartons, baskets and wooden boxes in the disposal of garbage is prohibited. Durable plastic bags suitable for garbage container use may be used for collection purposes only.
D. 
Placement at curb; hours of collection.
(1) 
Placement at curb. All containers used for the disposal of materials shall be placed at the curbline not more than 12 hours before the time fixed for the collection thereof by the contractor and shall be removed from the curbline within 12 hours after being emptied.
(2) 
Hours of collection. The date and hours of collection and the regulations governing the disposal of these materials shall be made known to all residents of the Township, who shall be furnished with a card containing the rules and regulations provided by this article or hereafter promulgated by the Township Council.
E. 
Regulations.
(1) 
Subject to the approval of the Township Council, the Public Works Superintendent and the Municipal Engineer are authorized to establish and promulgate reasonable regulations for administration and publication of the procedures and manners of collection provided for by this article.
(2) 
Said regulations shall be published and circulated within the Township at least 30 days prior to the effective date of the regulations.
(3) 
The regulations shall be subject to amendment, modification or supplementation by the Township Council.
F. 
Administration and enforcement. The Health Department, Building Department, Police Department and Department of Public Works are hereby authorized and empowered to perform solely with respect to the enforcement of the provisions of this article by being empowered to issue summonses for any violation of this article, except hazardous waste and Subsection D of the definition of "solid waste" found in § 261-2 of this article only enforceable by the Health Department thereof in accordance with the rules governing the courts of the State of New Jersey.
G. 
All receptacles containing solid waste or recyclables which are not being placed for collection or disposal shall be stored in such a manner as to minimize the potential negative impact upon the adjoining property owners. Their placement shall be reasonably inconspicuous from adjacent streets. Receptacles shall be stored at the rear of each private dwelling or in such a manner as to conceal same from the public view.
[Added 3-7-1989 by Ord. No. G-290-89]
It shall be the duty of any owner, tenant or person in possession of any lands in the Township:
A. 
To keep all lands at all such times free of brush, high weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, where the same are inimical to the preservation of public health, safety or general welfare of the Township, may constitute a fire hazard or are harmful to the aesthetic appearance of the neighborhood. This section shall not be construed to prohibit the storage of refuse in proper receptacles for collection.
B. 
The owner may designate another person to be responsible for maintaining the premises free of litter and refuse by filing a notice with the Health Department and Building Department, describing the name and address of the person responsible for maintaining the premises free of litter. The person so designated shall be jointly responsible with the owner for maintaining the premises free of debris, litter and solid waste.[1]
[1]
Editor's Note: Former Subsection C, Violations and penalties, added 8-10-2004, which immediately followed this subsection, was repealed 8-20-2013 by Ord. No. O-13-011.
[Added 3-7-1989 by Ord. No. G-290-89; amended 3-25-2008]
A. 
It shall he unlawful for any person to dispose of, deposit, discharge, throw, drop, place or dump or spill or to allow or permit the dumping, disposing of, depositing or placing of any litter, other than in a proper solid waste or litter receptacle, solid waste, refuse, rubbish, trade waste, medical waste or hazardous waste or other material in this article upon or in any land or public or private place or waterway or stormwater system within this Township.
B. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this article, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this article.
[Added 3-7-1989 by Ord. No. G-290-89; amended 1-2-1992 by Ord. No. G-314-92; 10-9-2018 by Ord. No. O-18-11]
A. 
All property owners, tenants or persons in possession are required to provide durable garbage containers minimum of 30 gallons and not more than 45 gallons equipped with portable or attached tops. One container per family/unit minimum. All newspapers and other paper material, including cardboard and cartons, shall be securely wrapped in bundles convenient for handling and so as to prevent separation and blowing about by the wind, and all cartons shall be broken down so as to be wrapped as flat pieces of cardboard. The use of paper cartons, baskets and wooden boxes in the disposal of garbage is prohibited. Durable plastic bags suitable for collection purposes only may be used for overflow in addition to the required can. It shall be unlawful for any person to store or permit storage of any bulky household waste, except in a full receptacle or enclosure or during days designated for the collection of such items.
B. 
All refrigerators placed on the curbside on a Township street for removal must have the door removed from the same and separately placed on the street for collection.
[Added 3-7-1989 by Ord. No. G-290-89]
A. 
Solid waste which has been declared by the Health Department as being hazardous waste or medical waste or other recyclable materials or special wastes, and which has been declared as being unacceptable for collection and removal to solid waste transfer stations or disposal at sanitary landfills or resource recovery facilities, shall not be placed for collection by the Township contractor but shall be disposed of by the generator or owner in accordance with laws and regulations of the State of New Jersey at the expense of the generator or owner.
B. 
Whenever any person fails, neglects or refuses to remove said medical waste from outside of any premises, the removal shall be arranged according to the provisions as set forth in this article.
[Added 3-7-1989 by Ord. No. G-290-89; amended 12-1-2009 by Ord. No. O-09-29]
It shall be unlawful for any person to keep or permit the keeping, on streets, vacant lots and any outdoor portion of residential property including driveways, except in a fully enclosed structure, any motor vehicle, trailer or semitrailer which is missing tires, wheels, engine or any essential parts; or which displays extensive body damage or deterioration; or which does not display a current, valid state license; or which is wrecked, disassembled or partially disassembled; or which is generally considered as being in an inoperable condition.
[Added 3-7-1989 by Ord. No. G-290-89]
For purposes of health, safety and aesthetics, it shall be unlawful for any owner or person in possession to park or permit to be parked, motor vehicles on the front or side or rear yards which are considered as being lawn, garden or buffer areas.
[Added 3-7-1989 by Ord. No. G-290-89]
It shall be unlawful for any residential property owner or commercial establishment to store or permit the storage of tires, except in a fully enclosed structure or on days designated for the collection of tires.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall drive or move any truck or other vehicle unless the vehicle is so constructed or loaded as to prevent any litter, refuse or solid waste from being blown or deposited upon any street, alley or other public or private place. No person shall drive or move any vehicle or truck if the wheels or tires carry onto or deposit in any street, alley or other public place mud, dirt, liquid substances or foreign matter of any type described herein.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall throw or deposit refuse, litter or solid waste from a vehicle upon any street or other public or private place.
[Added 3-7-1989 by Ord. No. G-290-89]
Every person distributing or offering for sale in any street or public place any food or drink for consumption shall provide in a conspicuous place a receptacle for all refuse. The vendor shall maintain and empty the receptacle in such a manner and with such a frequency so as to prevent the spillage of refuse, litter or solid waste.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall use any litter or refuse receptacle placed on public property by the Township or on private property for the deposit of residential or commercial solid waste, refuse, rubbish, garbage or other waste material.
[Added 3-7-1989 by Ord. No. G-290-89]
No person, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter, street or other public place or adjoining private property within the Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
[Added 3-7-1989 by Ord. No. G-290-89]
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain or empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall cast or cause to be cast or placed any advertisement, handbill, circular or paper on any public street, on sidewalks, into any vestibules or yards, upon porches of any dwelling house or other buildings or into any vehicle while on the public highway or on private property within the Township, except that advertisements, handbills, circulars and papers may be distributed in the Township, provided that they are securely placed at each dwelling so as not to be blown away by the wind. This section shall not apply to newspapers and addressed envelopes delivered to subscribers and addresses.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall throw or deposit litter on any open or vacant private property, whether owned by such person or not.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall throw or deposit litter in any park except in public receptacles and in such a manner as to prevent such litter from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried from the park by the person responsible for its presence and shall be properly disposed of elsewhere.
[Added 3-7-1989 by Ord. No. G-290-89]
No person who owns or occupies a place of business shall sweep into or deposit in any gutter, street or other public place the litter from any building or lot or from any public or private sidewalk or driveway. Every person who owns or occupies a place of business shall keep the sidewalk and/or public way in front of his business premises free of litter.
[Added 3-7-1989 by Ord. No. G-290-89]
Exterior property areas and vacant lots shall be free of all weeds and brush, whether noxious or harmless. A growth higher than six inches above the ground shall be considered to be weeds.
[Added 3-7-1989 by Ord. No. G-290-89]
A. 
Any location at which any person, property owner or tenant utilizes and maintains mechanical refuse container equipment shall be so located that it will not cause a health problem or create a nuisance for the general public or for owners or residents of the property in question or of abutting properties. At no time shall said equipment or solid waste be stored under or next to windows or immediately next to the doors of adjacent dwellings or buildings to said equipment or solid waste. Equipment as described shall not block pedestrian traffic or shall not be placed on any right-of-way except during periods of disposal and removal.
B. 
Placement and storage or receptacles. Receptacles awaiting collection shall be stored or kept in such places so as to ensure that said receptacles do not cause a health problem or create a nuisance for the general public or for owners or residents of the property or of abutting properties. No containers shall be stored in the street, on the curb or in a public right-of-way except during authorized periods of solid waste collection.
(1) 
No mechanical refuse container equipment may be placed on a street or public right-of-way without a permit. An application for a permit must be submitted to the Health Department with the required fee. The applicant shall specify thereon the size and location of the equipment and the duration of time said equipment will be at the location. If such equipment is to occupy the street or public right-of-way for 24 hours or less, the applicant shall pay the required fee by mail or in person within 24 hours, exclusive of weekends and holidays, after placement of the equipment. If the equipment is to be used for more than 24 hours, the applicant must receive a permit prior to placement.
(2) 
Any person engaged in the business of furnishing solid waste equipment, disposal bins, containers, dumpsters and mechanical receptacles and persons who are responsible for maintaining the same shall maintain said equipment in good repair. Said persons shall remove accumulations of solid waste or clean solid waste equipment or remove the equipment from the premises when it is believed by the enforcing official that the equipment is causing a public health nuisance or is a threat to the public health or safety. Failure to comply with the notification by the health official after a twelve-hour notification may result in the impounding of said equipment.
(3) 
It shall be unlawful for anyone to permit overflowing solid waste disposal equipment, disposal bins, mechanical receptacles, dumpsters, containers, compactors and bailors. Said equipment containing or designated to hold putrescible or garbage-type wastes shall be provided with operable lids or effective covering. Said equipment and premises shall be maintained in a sanitary manner and free from vermin and pests.
(4) 
Any receptacle which is badly damaged and fails to meet the requirements of this article or refuse collection contract as authorized pursuant to this article may be considered as rubbish and removed by the collector contractor.
(5) 
The fee for a permit shall be the sum of $25 per container per location. In addition thereto, no permit shall be issued until and unless the applicant has posted an annual deposit with the Health Department in the amount of $1,000. The deposit will cover all permits which are issued during a one-year period and shall be used to defray the costs of any damage or removal which may occur as the result of the placement of mechanical refuse container equipment. The applicant shall be required to maintain this deposit at all times during the year. At the end of the year the remaining balance, if any, shall be returned to the applicant or may be applied toward the next annual deposit of $1,000. The posting of a deposit shall not be deemed to waive any additional rights which the Township may have to pursue any claims for damage.
(6) 
The duration and the location for which a permit shall be issued are subject to the discretion of the Health Department.
(7) 
Each permit shall be deemed issued subject to and controlled by the provisions of this article and of other applicable ordinances and regulations of the Township.
(8) 
Mechanical refuse container equipment shall prominently display the name, address and telephone number of the owner thereof and shall be fitted with reflectors for night safety in such a manner as to indicate the height and width of the same.
(9) 
Mechanical refuse container equipment in violation of this article may be impounded by the Police Department after 12 hours' written or verbal notice given to the owner, agent of owner or person in possession thereof by the Health Department and/or by the Chief of Police.
(10) 
Notwithstanding the above, any mechanical refuse container equipment situated in such a manner as to obstruct an adjacent owner's driveway or create a traffic or road hazard may be impounded immediately by the Police Department.
(11) 
Mechanical refuse container equipment impounded pursuant to the subsections above shall be towed or transported to locations within the Township designated by the Chief of Police. Whenever such equipment is impounded as provided herein, the Police Department shall, within five days therefrom, send a notice of such fact to the owner thereof by certified mail, return receipt requested, and regular mail.
(12) 
Any owner of impounded mechanical refuse container equipment or person acting on his behalf desiring to redeem the same shall first pay a service or towing charge of $150 and, in addition, a storage charge of $30 per day for the time the impounded equipment was held in storage. The above charges and costs are in addition to other penalties that may be imposed for violation of any provisions of this article.
(13) 
Whenever any mechanical refuse container equipment impounded by the Police Department shall remain unclaimed by any person having the right to possession of the same for a period of 30 days, it may be used by the Township or, alternately, sold at public auction to the highest bidder. Such auction sale shall take place after notice of such sale has been given at least seven days prior thereto, by publication in a newspaper circulating in the Township and upon mailing of a copy of said notice to the owner of the equipment by regular mail and registered mail, at least seven days prior to the sale.
[Added 3-7-1989 by Ord. No. G-290-89]
A reward of up to $500 shall be paid to any person or persons providing information leading to the detection and apprehension of any person found guilty of violating § 261-6 of this article. The reward is to be payable after conviction out of a fund established for this purpose, but no such reward may be paid to any public employee or agent of the Township whose duty it is to investigate or enforce the law. The Clerk of the Township is authorized to award the reward with the concurrence of the Township Council. A reward shall be payable only when an equal fine has been assessed and collected by the Township.
[Added 3-7-1989 by Ord. No. G-290-89; amended 8-20-2013 by Ord. No. O-13-011; 10-9-2018 by Ord. No. O-18-11]
A. 
Any person found guilty of violating any provision of this chapter, for which a specific consequence for violations is not set forth herein, shall for (1)first offense be subject to a fine of $50, no court appearance required; (2) second offense; and (3) subsequent offenses be subject to a fine of not less than $100 nor more than $1,000, with court costs and a mandatory court appearance; or be subject to imprisonment for a term not exceeding 90 days, or both.
B. 
Each violation, and each day a violation is committed or permitted to continue, shall constitute a separate violation and shall be punishable as such.
C. 
In addition to the penalties outlined above, any person found guilty of violating any provision of this article may be assessed the treble costs of clean up, investigation and counsel fees.
D. 
Nothing in this article shall be construed to impair or limit in any way the power of the Township of Hillside to define and declare nuisances and to cause their removal and abatement by summary proceedings or otherwise. This chapter is not intended to limit or impair the authority of the Township to abate nuisances.
[Adopted 6-12-2012 by Ord. No. 0-12-012[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 262 but was renumbered to maintain the organizational structure of the Code.
As used in this article, the following terms shall have the definitions set forth hereinbelow:
COMMERCIAL AND INSTITUTIONAL PREMISES
Retail, wholesale, restaurants, taverns, schools, institutions (including government), warehouses, construction sites, factories, offices, etc., but specifically excludes fairs, parks, concerts and other temporary outdoor events.
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
COVERED ELECTRONIC DEVICE
Constitutes a subset of electronic waste which shall include only the following: a computer central processing unit of a laptop computer or desktop computer; a cathode-ray tube; a cathode-ray-tube device; a flat-panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television; and cell phones.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated below that shall be source-separated for the purpose of recycling. These materials include:
A. 
Designated materials for residential waste generators:
Aluminum, tin, and steel
Corrugated cardboard
Glass containers
Grass, brush, and leaves
Household batteries
Leaves
Mixed paper
Motor oil
Motor oil filters
Newspaper
Office paper
Plastic containers (No. 1 and No. 2)
Tires
Universal waste
Vehicle batteries
White goods (air conditioners and refrigerators)
Wood
B. 
Designated materials for commercial, institutional and industrial waste generators:
Aluminum, tin, and steel
Computers and peripherals
Corrugated cardboard
Fluorescent bulbs
Glass containers
Grass, brush, and leaves
Household batteries
Leaves
Masonry (asphalt, brick, block, and concrete)
Mixed paper
Motor oil
Motor oil filters
Newspaper
Office paper
Plastic containers (No. 1 and No. 2)
Tires
Universal waste
Vehicle batteries
White goods (air conditioners and refrigerators)
Wood
ELECTRONIC WASTE
A computer central processing unit ("CPU") and associated hardware, including keyboards, modems, printers, scanners and fax machines; a cathode-ray tube; a cathode-ray-tube device; a flat-panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television; and cell phones.
MULTIFAMILY DWELLING
Any building or structure, or complex of buildings, in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a) and shall include hotels, motels or other guesthouses serving transient or seasonal guests as those terms are defined under Subsection (j) of § 3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
MUNICIPALITY
The Township of Hillside, New Jersey.
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the Township Council and who shall be authorized to, among other things, enforce the provisions of this article, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and institutional establishments within the boundaries of the Township of Hillside.
RECYCLABLE MATERIAL
Those materials which would otherwise become solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
SOLID WASTE
Shall have the meaning given to it in Chapter 261, Solid Waste, at § 261-2, to the extent it is not inconsistent with the definition of "designated recyclable materials" set forth above.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated from solid waste at the point of generation, by the generator thereof, for the purposes of recycling, including, where applicable, universal waste.
SOURCE SEPARATION
The process by which recyclable materials are separated from solid waste at the point of generation, by the generator thereof, for the purposes of recycling.
UNIVERSAL WASTE
A specific hazardous waste stream that has been designated by the Environmental Protection Agency (EPA) or those waste streams identified in the New Jersey Universal Waste Rule (N.J.A.C. 7:26A-7). Only the following materials may be managed as universal waste:
A. 
Rechargeable batteries and button-cell batteries;
B. 
Mercury-containing equipment, including thermometers and thermostats;
C. 
Pesticides;
D. 
Fluorescent lamps (light bulbs);
E. 
Electronic waste; and
F. 
Oil-based paints and finishes.
A. 
Mandatory source separation. It shall be mandatory for all persons who are owners, tenants or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial premises, as well as government, schools and other institutional premises within the Township of Hillside, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants or occupants of such premises and shall be placed separately at the curb or other designated location(s) in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Township of Hillside.
B. 
Exemptions. Certain persons occupying commercial or institutional premises (hereinafter also referred to as a "commercial/institutional generator") within the Township of Hillside may obtain an exemption from the source-separation requirements contained within this article if they demonstrate that they meet the specified exemption criteria. To be eligible for an exemption pursuant to this article, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information:
(1) 
The name of the occupant of the commercial or institutional premises;
(2) 
The street address location and lot and block designation upon which the premises is located;
(3) 
The name, official title and phone number of the person making application on behalf of the occupant of the commercial or institutional premises;
(4) 
The name, address, official contact person and telephone number of the facility which provides the recycling services provider for the applicant's designated recyclable materials;
(5) 
A certification by the applicant indicating that:
(a) 
The applicant's designated recyclable materials will be recycled; and
(b) 
On no less than an annual basis, said recycling services provider or commercial/institutional generator shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.
The collection of recyclable material shall be in the manner prescribed, as follows:
A. 
All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or, in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above anytime after 6:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, all containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection.
B. 
All receptacles and dumpsters shall be maintained in accordance with this article and with §§ 261-7 and 261-25 of the Township Code.
A. 
The owner of every residential property shall be responsible for compliance with this article. Citizens are responsible for source-separating all designated recyclable materials according to this article and delivering all designated recyclable materials to the Township of Hillside's collection system (including curbside collection and the Township's electronic waste dropoff center and used-motor-oil dropoff center). All designated recyclable materials must be source-separated. No designated recyclable materials are permitted to be placed in or mixed with garbage put out for garbage collection. No garbage is permitted to be placed in or mixed with recyclable materials which are placed in the Township of Hillside's recyclables collection system.
B. 
For multifamily unit residential dwellings, the owner and manager are jointly responsible for the following:
(1) 
Establishing and maintaining a recycling system for the premises and ensuring that recycling is carried out on the premises in compliance with the requirements of this article. The property owner/manager is responsible for setting up and maintaining the recycling system. The property owner/manager is responsible for receiving and responding to warnings, notices of violation, and penalty assessments and for correcting violations. The property owner/manager will be expected to correct violations promptly and to make necessary direct contacts with residents.
(2) 
The recycling system must provide for all designated recyclables in the residential waste stream. The recycling system may utilize separate containers for each recyclable material, or it may provide for two or more materials to be placed in one container, provided that the recycling transporter can collect commingled materials. Containers must be clearly marked and the area neatly maintained. Container capacity must be adequate to hold the amount of materials generated between pickups. It must be clear to an inspector that the system is being serviced.
(3) 
Ensuring that the system is being used properly by employees and tenants. There must not be garbage in the recycling containers or recyclables in the garbage containers. The property owner/manager is responsible for resolving problems which may arise from the improper use of containers and for training employees and tenants to properly understand and use the recycling system.
(4) 
Written notification of recycling collection rules ("notice") shall be issued by the owner/manager to new tenants on or prior to the initial date of occupancy and to all residents on a quarterly basis. Copies of the quarterly notice, or other proof of distribution of the notice, must be provided to the Municipal Recycling Coordinator at the time of each quarterly notice mailing or distribution, but not later than two weeks after the first day of each calendar year quarter (January 1, April 1, July 1, and October 1).
(5) 
In the event that the property owner/manager chooses not to utilize the Township's curbside recyclables collection program, then the property owner/manager is responsible for arranging to have recyclables collected by a properly registered recycling transporter and for resolving any problems with the transporter of recyclables. In addition, a property owner/manager choosing to utilize its own recycling transporter shall comply with the following:
(a) 
The property owner/manager must arrange to obtain sufficient documentation from the recyclables transporter in order to report the actual tonnages of materials recycled at the subject property at least once per year. The property owner/manager may also satisfy this requirement by arranging to have the recyclables transporter provide such documentation directly to the municipality. In the event that the owner/manager arranges for the transporter to report directly to the municipality, the owner/manager remains obligated to maintain documentation demonstrating that its obligations to report annual tonnages have been satisfied. In the event that the municipality provides recyclables collection service to the subject property, annual tonnage reporting and proofs are not required to be made or maintained under this section.
(b) 
Single- or dual-stream recycling. Multifamily dwelling property owners/managers may opt to collect recyclables in a single stream or dual stream (fiber, commingled), provided that the receiving facility has the ability to separate and maximize the capture rate of the designated recyclables.
A. 
The owner/operator of commercial or institutional premises or, in the case of a construction site, the contractor (hereinafter referred to within this section as the "responsible party") shall ensure that a recycling system is established and that it is operated in compliance with the requirements of this article. The responsible party shall set up and maintain an on-site recycling system. The responsible party is responsible for receiving and responding to warnings, notices of violation, and penalty assessments and for correcting violations promptly. For purposes of this section, in the event that the identity of the contractor cannot be determined, then the owner of the property shall be deemed the responsible party.
B. 
The recycling system must be established and maintained so that it is conveniently accessible to users. The recycling system must provide for the recycling of all designated recyclables in the commercial/institutional waste stream. The recycling system may utilize separate containers for each recyclable material, or it may provide for two or more materials to be placed in one container, provided that the recyclables transporter can take the materials commingled. Containers must be clearly marked and the area neatly maintained. Container capacity must be adequate to hold the amount of materials generated between pickups. It must be clear to the inspector that the system is being serviced.
C. 
The responsible party must ensure that the recycling system is being used properly by employees, customers and tenants. There must not be garbage in the recycling containers or recyclables in the garbage containers. The responsible party shall instruct all employees, tenants and customers as to the obligation to use, and the methods for using, the recycling system. The responsible party shall resolve all problems which may arise from the use of, or failure to use, the recycling system.
D. 
If tenants, customers or employees are involved in the waste disposal process (i.e., fast-food stores or company cafeterias), the recycling system must take this participation into account and provide for ready recycling of appropriate materials, and the responsible party shall furnish adequate written notice to tenants, customers and employees as to their respective responsibilities.
E. 
The responsible party shall arrange for recyclables to be removed from the premises and for assuring that such materials ultimately enter the recyclables market. The responsible party shall arrange to have recyclables collected by a properly registered recycling transporter and shall resolve any problems with the transporter of recyclables.
F. 
The responsible party shall arrange to obtain documentation from the applicable recyclables transporter(s) sufficient to report the actual tonnages of materials recycled from the subject premises at least once per year. The tonnage report shall be filed with the Recycling Coordinator no later March 1 of each year for the preceding year's recycling tonnages. The responsible party may satisfy this requirement by arranging to have the recyclables transporter(s) provide such documentation directly to the municipality. In the event that the responsible party arranges for the transporter to report directly to the municipality, the responsible party remains obligated to maintain documentation demonstrating that its obligations to report annual tonnages have been satisfied and to alert the Recycling Coordinator as to such arrangement. In the event that the municipality provides recyclables collection service to the subject property, annual tonnage reporting and proofs are not required to be made or maintained under this section.
G. 
Single- or dual-stream recycling. Commercial and institutional establishments may opt to collect their recyclables in a single stream or dual stream (fiber, commingled), provided that the receiving facility has the ability to separate and maximize the capture rate of the designated recyclables.
H. 
Recycling containers. Commercial and institutional establishments that have outdoor garbage containers for their customers must also have outdoor recycling containers. There must be sufficient recycling containers for any mandated recyclables in the commercial/institutional waste stream.
I. 
At the beginning of each school year, all schools must provide written notice, to all students, teachers, and other staff, of the recycling requirements. The notice must contain a contact number to call if they observe any problems associated with recycling or if recycling is not properly occurring.
J. 
Single-stream recycling of mixed classes of construction recyclables. So long as the practice is permitted by the New Jersey Department of Environmental Protection (NJDEP), construction/demolition sites may opt to collect all recyclables in one container, provided that there are no other nonrecyclable materials (including solid waste) in that container. To qualify for this provision, recyclables must be transported to a recycling facility or materials recovery facility (MRF) that is properly permitted by the NJDEP and has certified that they have the ability to separate out and maximize the capture rate of the mandated materials. The specific materials that may be commingled together will be determined by the provisions in the receiving facility's permit or other formal operating approval. Only MRFs that have entered into an agreement with the Union County Utilities Authority are permitted to lawfully accept recyclable construction materials generated from within the Township of Hillside. The Union County Utilities Authority maintains a list of such MRF facilities.
K. 
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products and maintain such records, as may be prescribed, for inspection by any code enforcement officer. All food service establishments, in addition to the reporting requirements contained within the Township Code at § 253-45B, governing the reporting of grease and cooking oil use, treatment and disposal, shall report to the Township Recycling Coordinator for the subject quarter the following information: the amount of grease and cooking oil recycled and the name, address, phone number and contact person for each recycling entity or entities collecting their grease and/or oil. The required reports shall be due on the 15th day of January, April, July and October of each year.
A. 
For each outdoor event, the event organizer, property owner and operator of the location at which such an event takes place (hereinafter referred to within this section as the "responsible parties") are jointly responsible for providing a recycling system that is operated in compliance with the requirements of this article.
B. 
The recycling system must provide for the collection in appropriate containers, of any mandated recyclables generated at the event. It must be clear to an inspector that the system is being serviced. Containers must be clearly marked and the area neatly maintained. There must not be garbage in the recycling containers or recyclables in the garbage containers. Container capacity must be adequate to hold materials between pickups. There must be sufficient recycling containers for any mandated recyclables generated at the event.
C. 
The responsible parties for the event location are jointly responsible for arranging for recyclables to be removed from the premises and for ensuring that they are taken to an approved recyclables market. The owner/operator/contractor may make arrangements to deliver the recyclables to the municipal collection system (dropoff center or curbside collection) if permitted by the municipality. Otherwise, the responsible parties are jointly responsible for arranging to have recyclables collected and transported and for resolving any problems with the transporter of the recyclables.
D. 
The recycling system must be made accessible and available to all patrons, customers and employees. Notices/signs must be provided to ensure that all are aware of their responsibilities.
E. 
The responsible parties are jointly responsible for obtaining pertinent documentation in order to report, and shall report to the Recycling Coordinator, the tonnages of materials recycled at least once per year, or else they must arrange to have the collector provide that documentation directly to the Recycling Coordinator.
F. 
Single- or dual-stream recycling. The recycling system may utilize separate containers for each recyclable material, or it may provide for two or more materials to be placed in one container. The responsible parties may opt to collect recyclables in a single stream or dual stream (fiber, commingled), provided that the receiving facility has the ability to separate and maximize the capture rate of the designated recyclables.
Pursuant to N.J.S.A. 13:1E-99.13(a) and 13:1E-99.16(c):
A. 
Any application to the Hillside Township Planning Board for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional or industrial development proposal for the utilization of 1,000 square feet or more of land must include a recycling plan. This plan must contain, at a minimum, the following:
(1) 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
(2) 
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, and convenient location and shall contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
B. 
Prior to the issuance of a certificate of occupancy by the Township of Hillside, the owner of any new multifamily housing or commercial, institutional or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.
C. 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.
A. 
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the bag or container contains designated recyclable materials.
B. 
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such nonseparated solid waste and recyclables to accumulate will be considered a violation of this article and the local Sanitary Code.
C. 
Once placed in the location identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than those authorized by the municipality, shall tamper with, collect, remove or otherwise handle designated recyclable materials.
The Public Works Department Code Enforcement Official, the Department of Health, the Building Department Code Enforcement Officials, the Police Department, the Union County Office of Health Management and the Union County Utilities Authority are hereby individually and severally empowered to enforce the provisions of this article. An inspection may consist of, but is not limited to, sorting through bags and other containers to detect the presence of solid waste and/or any recyclable materials.
A. 
Any person or entity that violates or fails to comply with any provision of this article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine of not less than $25 nor more than $2,000 for a first offense and by a fine of not less than $50 nor more than $2,000 for a second offense and subsequent offenses. In addition to a mandatory fine, violators may also be subject to a period of community service of not less than five days but not to exceed 90 days. Each day for which a violation of this article occurs shall be considered a separate offense.
B. 
Fines levied and collected by the Township pursuant to the provisions of this article shall be immediately deposited into a Municipal Recycling Trust Fund, which fund is hereby authorized to be, and shall be, established by the Township's Chief Financial Officer for the purposes expressed herein. Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program, including but not limited to the employment of enforcement officers, equipment, and other employees necessary to discharge the Township's obligations to abide by and enforce this article.