[Adopted as Sec. 6-11 of the 1976 Revised General Ordinances; amended in its entirety 12-7-1988 by Ord. No. 1988-41]
The purpose of this article is to regulate the collection of garbage, rubbish, refuse and other waste materials and thereby to promote the public health, comfort and welfare of the inhabitants of the Township.
[Amended 6-18-1997 by Ord. No. 1997-10]
As used in this article, the following terms shall have the meanings indicated:
BULK ITEMS
Refers to but is not limited to items such as furniture, mattresses and rugs.
GARBAGE
Includes all animal or vegetable waste solids resulting from the handling, preparation, cooking or consumption of foods, and all waste materials that attend the handling, preparation, cooking or consumption of foods, including all containers and other material utilized therewith.
RECYCLED MATERIAL
Applies to newspaper, paper, cardboard, bottles and cans, household appliances, scrap metal, automotive batteries and tires.
REFUSE
All solid waste, other than garbage and body waste.
A. 
Garbage shall be drained and stored in durable, rust-resisting, nonabsorbent, watertight and washable containers which have close-fitting covers and adequate handles to facilitate collection and shall be of not more than 32 gallons in capacity and shall be limited to 50 pounds in weight.
[Amended 1-20-1988 by Ord. No. 1988-1; 2-10-2005 by Ord. No. 2005-2]
B. 
Refuse shall be stored in durable containers with close-fitting covers, except that bulky refuse may be packed and bundled together and firmly tied. Such bundles shall not exceed four feet in length nor 50 pounds in weight.
[Amended 2-10-2005 by Ord. No. 2005-2]
C. 
All containers for garbage and refuse shall be kept in a proper state of repair and in sanitary condition.
D. 
No garbage or refuse shall be placed at the curb more than 24 hours prior to the regular collection day, and all containers shall be removed within 12 hours after collection, except in case of summer or seasonal residents not in daily occupancy who may place garbage or refuse at the curb for collection at the conclusion of any temporary stay even if more than 24 hours prior to regular collection, provided that such garbage or refuse is held in proper containers to insure against spilling, exposure to the elements or any other unsafe or unsanitary condition.
E. 
All waste building materials from new construction or remodeling shall not be placed at curb. All building material must be tied and bundled, and must not be heavier than 50 pounds; it cannot be any longer than four feet in length and three feet in height. Only one bundle of construction debris can be placed to the curb on the regular garbage pickup.
[Amended 6-18-1997 by Ord. No. 1997-10]
F. 
No container shall be placed in the paved area of any street or any part thereof awaiting collection, but shall be placed at the curbline.
G. 
Bulk items, such as furniture, mattresses and rugs, will be collected on regular scheduled garbage collection day, with a limit of one bulk item, three cans and one bundle of construction material every garbage collection.
[Added 6-18-1997 by Ord. No. 1997-10; amended 4-20-2011 by Ord. No. 2011-002]
H. 
No individual or entity that engages in the sale or resale of recycling material shall attempt to recover or remove any of the recycling items left at curbside intended for bulk pickup, including items intended for metal pickup and recycling, without the consent of the Township Recycling Coordinator, as stated in § 321-21 of this chapter. Failure to obtain said consent shall result in a violation of this chapter and shall subject the violator to the penalties provided for in § 321-11.
[Added 4-20-2011 by Ord. No. 2011-002]
It shall be unlawful for any person to gather, collect, remove or in any way interfere with the collection of garbage, refuse or other solid waste materials from any dwelling house, tenement, store or other building, place or premises within the Township, or to use the streets of the Township for the purpose of transporting the same, except if such person holds a certificate of public convenience and necessity issued by the Board of Public Utility Commissioners and until the proposed collection system has been registered with and approved by the State Department of Environmental Protection as provided by law; provided that nothing herein shall render it unlawful for anyone to transport any household item, appliances or other item if being transported for purposes other than disposal as garbage or rubbish.
[Amended 1-20-1988 by Ord. No. 1988-1]
The Township Council is hereby authorized to grant an exclusive contract for the collection of such garbage and refuse upon competitive bidding, the term of such exclusive contract may be granted to the bidder whose bid provides for the lowest rates for the removal and disposal of such garbage and refuse; provided that such bidder shall show that he in all respects complies with the provisions of this article, the rules and regulations of the Department of Health, and the terms and conditions of specifications hereby adopted or hereafter to be adopted by the Council. The successful bidder shall furnish surety bonds satisfactory to the Council, the condition of which shall be that the successful bidder shall perform the services set forth in his bid and contract for a sum not in excess of the amount quoted in such bid, and that he shall comply with the terms and provisions of this article, the rules and regulations of the Department of Health, and the regulations and specifications adopted or to be adopted by the Council in connection with the collection and removal of such garbage and refuse.
Every bidder for a scavenger contract shall furnish the Council with the following information:
A. 
The number, age, condition, type and carrying capacity of his trucks.
B. 
His financial ability to perform a proper scavenger service.
C. 
Must meet all specifications set forth by the Subchapter Six of the Uniform Bid Specifications for Municipal Solid Waste Collection Contract.
[Amended 6-18-1997 by Ord. No. 1997-10]
D. 
The disposal site is available to the contractor for the period of the contract.
[Amended 6-18-1997 by Ord. No. 1997-10]
E. 
That such site for the disposal of garbage, refuse, and other collected material is located outside the limits of the Township.
F. 
That the governing body of the municipality in which such site is located or such other body that may have jurisdiction over such site has authorized the dumping of such material, which authorization shall be certified by the Clerk of said municipality.
G. 
That a permit has been granted to the bidder for dumping purposes on such site by the Advisory Board of Health of such municipality or by other body having authority to grant such permit.
H. 
An itemized list of all machinery, trucks, and equipment owned by the bidder and available for use for the performance of his contract with the Township of West Milford. Such equipment shall be made available for inspection by the Township Administrator or his designee.
[Amended 9-1-2004 by Ord. No. 2004-6]
A. 
The contractor shall have at all times sufficient personnel, material and equipment, including an adequate number of trucks of ample power and carrying capacity required to perform the contract. The trucks shall at all times be in good mechanical operating condition and of good appearance.
B. 
The contractor shall provide adequate motor vehicle, public liability and workers' compensation insurance, and certificates of the insurance company evidencing such coverage shall be filed with the Township Clerk at the time of the issuance of the contract. The adequacy of the amounts and form of such insurance shall be determined by the Council.
C. 
The contractor shall collect, remove and transport all garbage, refuse, and other material collected in such manner that no material, solid or liquid, shall escape and drop upon the ground. If any material is spilled, it shall be immediately cleaned up.
D. 
Collections shall not start earlier than 5:00 a.m. Monday through Friday and on special Saturday collection days, and shall stop not later than 5:00 p.m. on the days fixed for such collection. The contractor shall furnish to the Township Administrator, or his designee, copies of the collection routes.
[Amended 1-20-1988 by Ord. No. 1988-1; 6-18-1997 by Ord. No. 1997-10; 9-1-2004 by Ord. No. 2004-6]
E. 
All avoidable noises shall be prevented, and containers shall be properly and carefully replaced upside down in the location originally found.
[Amended 6-18-1997 by Ord. No. 1997-10]
EXAMPLE: If a container is picked up on the right side of the driveway, then the container must be replaced on the right side of the driveway.
F. 
Drivers and collectors shall at all times be courteous, sober and responsible and shall maintain a neat and clean appearance and shall remain fully clothed at all times. Collectors shall not walk across lawns to adjoining properties.
[Amended 1-20-1988 by Ord. No. 1988-1]
G. 
The contractor shall notify customers of changes or omissions in collection not less than three days nor more than five days in advance of such change.
H. 
A minimum of five years' previous experience in municipal garbage collection, whether by direct contract with municipalities or private contract with residents, shall be required.
I. 
Contractor shall maintain a dedicated telephone hot-line for customer service complaints, answered by designated contractors' representative responsible for handling of complaints and to transact business daily, from 9:00 a.m. to 5:00 p.m., and see that all complaints receive prompt and proper attention. Said telephone hot-line shall be a local exchange or toll-free number.
[Amended 6-18-1997 by Ord. No. 1997-10]
J. 
The contractor shall be under the supervision of the Township Administrator or his designee.
[Amended 6-18-1997 by Ord. No. 1997-10; 9-1-2004 by Ord. No. 2004-6]
K. 
The contract shall not be assigned or sublet in whole or in part without the prior written consent of the Township Council. Request for permission to subcontract may be made at time of bid proposal and bid may be conditioned upon the Township Council's consent to such subcontracting. All requests for the Township Council's consent shall be accompanied by a questionnaire, completed by each person with whom a contract is proposed.
[Amended 6-18-1997 by Ord. No. 1997-10]
L. 
The contractor shall also make his vehicles available for early morning, periodic and random inspections, by the Township Administrator or his designee, to determine if the vehicles are clean and serviceable.
[Added 6-18-1997 by Ord. No. 1997-10; amended 9-1-2004 by Ord. No. 2004-6]
M. 
For violation of the provisions and regulations of this section, the Township Council may cancel the contract.
[Amended 6-18-1997 by Ord. No. 1997-10]
[Amended 1-20-1988 by Ord. No. 1988-1; 6-18-1997 by Ord. No. 1997-10; 9-1-2004 by Ord. No. 2004-6]
It shall be the duty of the contractor to furnish and make available collection service to all residents of the Township, and to those establishments and West Milford municipal facilities designated by the Township Administrator or his designee.
The owner, agent, lessee or occupant of any commercial or industrial premises shall arrange for the removal of waste materials each day, unless sufficient and suitable facilities are provided and used for the storage of such waste materials on such premises until removal of the same.
No person shall place, deposit or dump or allow, permit, aid or abet the placing or depositing or dumping of any garbage, refuse or waste material of any kind upon any public or private property or street in the Township, but shall dispose of the same as herein provided.
Any person violating any of the provisions of this article shall, upon conviction, be subject to the penalties imposed in Chapter 1, Article III, General Penalty, of the Township Code.
Inasmuch as it is necessary for the health, safety, comfort and convenience of the people of the Township that this article shall have immediate effect, an emergency is hereby declared to exist and this article shall be of full force and effect from August 20, 1975.
A. 
The term "overgrowth" shall include all weeds, brush, dead and dying trees, stumps, roots and obnoxious growth.
B. 
Whenever garbage, refuse or overgrowth has accumulated on any lot lying within the Township and it shall be deemed necessary and expedient for the preservation of the public health, safety and general welfare, the owner or tenant of the lands shall remove such overgrowth within 10 days after notice thereof.
C. 
Upon failure of such owner or tenant to remove the garbage, refuse or overgrowth, the Township shall be empowered to cause such removal through the direction of the Township Administrator, or such department or officer as he may, from time to time, designate.
[Amended 9-1-2004 by Ord. No. 2004-6]
D. 
Upon removal of the garbage, refuse or overgrowth by the Township, or a private contractor authorized by the Township, the Department of Health shall certify the cost of such removal to the Tax Collector, who shall charge the costs against the lands, which amount shall become a lien upon the lands. The amount of the lien shall become part of the tax to be assessed against the lands and shall bear interest and be collected and enforced in the same manner as taxes.
E. 
The notice referred to above shall include an estimate of the cost of removal and the date after which the Township may cause the removal. Such notice shall be served on each person whose name appears as an owner on the tax lists, at his last known address as it appears on the last municipal tax duplicate, and service shall be by ordinary mail and certified mail, return receipt requested.