[Adopted by the Council of the Township of Montclair 10-6-1987 by Ord. No. 87-49 (Art. III of Ch. 137 of the 1979 Code)]
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
BULKY WASTE
Large household items, except items excluded under the definition of "solid waste" herein, which because of their size or weight cannot be contained in suitable receptacles.
COMMERCIAL SOURCE
A wholesale, retail or service establishment, including but not limited to restaurants, markets, offices, retail and wholesale outlets, theaters, hotels and warehouses.
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.).
[Added 2-9-1988 by Ord. No. 88-1]
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 used or designed to be used for living, sleeping, cooking and eating.
[Added 2-8-1988 by Ord. No. 88-1]
GARBAGE
Putrescible animal and vegetable waste resulting from the preparation, cooking or consumption of food.
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 designated for use by the Township.
INSTITUTIONAL SOURCE
Schools, hospitals, churches, research institutions, nursing homes and public buildings.
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other nature 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.
[Added 2-19-1991 by Ord. No. 91-6]
MULTIFAMILY 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.
[Added 2-9-1988 by Ord. No. 88-1]
RECYCLABLE MATERIALS
Those materials designated by the Township to have a recycling value. Materials so designated are glass containers, aluminum cans, tin cans, plastic containers (see note on plastic containers), office paper in accordance with § 292-7, mixed paper in accordance with § 292-7, uncontaminated newspapers and used motor oil in accordance with § 292-7. Also designated as having recycling value are tires, household appliances and corrugated cardboard. (NOTE: The type of plastic containers to be collected for recycling will be determined by the Director of Community Services.)
[Amended 10-17-1989 by Ord. No. 89-39; 5-15-1990 by Ord. No. 90-20; 5-23-2000 by Ord. No. 00-19; 6-15-2004 by Ord. No. 04-34]
REFUSE
Dry, nonputrescible waste, except any materials excluded under the definition of "solid waste."
RESIDENTIAL SOURCE
A household or other dwelling unit. For the purposes of this article, each condominium unit owner in possession of a unit deed shall constitute a separate residential source.
[Amended 2-9-1988 by Ord. No. 88-1]
SOLID WASTE
Garbage, refuse and bulky and vegetative wastes originating from residential or institutional sources within the Township of Montclair. Items specifically excluded are:
[Amended 5-23-2000 by Ord. No. 00-19]
A. 
Industrial waste; hazardous waste, liquid waste; laboratory and pathological waste; waste building materials and rubble resulting from construction, remodeling, repair and demolition operations on residential or commercial buildings, pavements or other structures; tree trunks, large tree limbs and tree stumps; earth and stones; and any other material which is prohibited for disposal at the solid waste facilities designated by the county for use by the Township.
B. 
Recyclable materials as defined by this section.
SOLID WASTE COLLECTION
The collection and transportation of solid waste, as defined by this article, from its source or location to a disposal site or other applicable resource recovery facility. All residential sources, including condominiums and institutional sources, shall be placed at the curbside for collection, unless the Director of Community Services determines that collection from noncurbside areas is feasible with the collection personnel and equipment of the Department of Community Services. Such determination shall be made after review of the size, character and width of the access roads and turnaround areas at each location and the public interest in keeping as much refuse from the curbside as possible. Cardboard boxes containing refuse shall not be placed at the curbside from these sources.
[Amended 2-29-1988 by Ord. No. 88-1; 1-24-1989 by Ord. No. 89-1; 5-26-1998 by Ord. No. 98-19; 5-23-2000 by Ord. No. 00-19; 8-19-2003 by Ord. No. 03-51; 6-15-2004 by Ord. No. 04-34]
VEGETATIVE WASTE
Lawn and garden materials, including leaves, grass and hedge clippings, small tree limbs and branches.
[Amended 5-23-2003 by Ord. No. 00-19]
A. 
Types of solid waste collection. The following types of refuse shall be subject to solid waste collection, as provided for in this article:
(1) 
Garbage.
(2) 
Refuse.
(3) 
Bulky waste.
(4) 
Vegetative wastes, including:
(a) 
Grass clippings, small tree limbs, hedge clippings and other related garden waste.
(b) 
Leaves, as provided for in § 292-26 herein.
B. 
The following items shall not be subject to solid waste collection:
(1) 
Recyclable materials as follows:
(a) 
Uncontaminated newspapers.
(b) 
Glass containers.
(c) 
All-aluminum beverage containers.
(d) 
Household appliances, such as stoves and refrigerators.
(e) 
Tires.
[Added 10-3-1989 by Ord. No. 89-35]
(f) 
Tin cans.
[Added 10-17-1989 by Ord. No. 89-39; amended 5-15-1990 by Ord. No. 90-20]
(g) 
Plastic containers, as determined by the Director.
[Added 10-17-1989 by Ord. 89-39; amended 5-15-1990 by Ord. No. 90-20]
(h) 
Mixed and office paper, as defined by § 292-8.
[Added 5-15-1990 by Ord. No. 90-20]
(i) 
Used motor oil.
[Added 5-15-1990 by Ord. No. 90-20]
(2) 
Loose corrugated boxes in designated areas.
(3) 
All other items excluded under the definition of "solid waste" as set forth above.
[Amended 1-24-1989 by Ord. No. 89-1; 5-5-2009 by Ord. No. O-015-09]
Suitable receptacles for solid waste collection shall mean receptacles made of metal or rigid plastic, with a capacity of no more than 35 gallons, with handles, solidly constructed, so as to prevent spillage or leakage of contents, and weighing not more than 50 pounds when placed for collection. Paper bags and cardboard boxes are not suitable receptacles for garbage. All containers must be tightly covered, tied or sealed to prevent spillage or leakage and the intrusion of rainwater.
[Amended 2-9-1988 by Ord. No. 88-1; 1-24-1989 by Ord. No. 89-1]
A. 
Each residential or commercial establishment shall be responsible for providing a sufficient number of receptacles to contain accumulated waste for all its occupants.[1]
[1]
Editor's Note: Former Subsection B, concerning rear-yard residential collection, which immediately followed this subsection, was repealed 8-19-2003 by Ord. No. 03-51. That ordinance also was repealed 8-19-2003 by Ord. No. 03-51. That ordinance also renumbered subsequent subsections.
B. 
No more than three receptacles from any one residential unit may be placed out for collection on any single collection day.
C. 
A maximum of two receptacles per collection day per condominium unit may be placed out for collection at the curbside.
D. 
A maximum of one receptacle per collection day per residential unit of refuse resulting from minor construction work or building repair may be placed out for collection.
E. 
All receptacles from multifamily dwellings, not authorized for containerized collection, qualifying hereunder must be placed at the curb for collection with a maximum number of two per dwelling unit on any one collection day.
F. 
Any institutional source may, in lieu of disposal in metal or rigid plastic receptacles, place refuse out for collection in plastic bags with a minimum thickness of 3 1/2 mil with a capacity of no more than 35 gallons or weight of no more than 50 pounds and sealed to prevent spillage or leakage of contents which may be placed at the curb in a number not to exceed the number of receptacles, as set forth in § 292-21 above. The cleanup of any spillage or leakage from said plastic bags shall be the responsibility of the source placing the same out for collection. Any commercial or institutional source requiring more than semiweekly refuse collection or using more than eight receptacles on a single collection shall retain a private hauler to remove its refuse. Private haulers collecting from the curbside shall collect on the same day municipal collection occurs in the area affected.
[Amended 1-26-1993 by Ord. No. 92-59; 5-26-1998 by Ord. No. 98-19]
[Amended 2-19-1988 by Ord. No. 88-1; 10-3-1989 by Ord. No. 89-35; 3-8-1994 by Ord. No. 94-5; 5-26-1998 by Ord. No. 98-19]
A. 
Receptacles and bulky wastes shall be placed at the curb or on any public right-of-way between the hours of 6:00 p.m. on the day preceding the scheduled collection day and 6:00 a.m. on the scheduled collection day. All receptacles must be removed from the curbside no later than 8:00 p.m. on the date of collection. No receptacle or bulky wastes shall be placed at the curb or on any public right-of-way prior to 6:00 p.m. on the day preceding the scheduled collection day. Receptacles and bulky wastes shall not be placed on the sidewalk or so as to interfere with, obstruct or impede pedestrian or vehicular circulation.
[Amended 5-23-2000 by Ord. No. 00-19; 8-19-2003 by Ord. No. 03-51; 5-5-2009 by Ord. No. O-015-09; 9-19-2017 by Ord. No. O-17-025]
B. 
Recyclable materials, including corrugated cardboard, shall be set at the curb between 6:00 p.m. on the day preceding the scheduled collection day and 6:00 a.m. on the designated collection day. All receptacles must be removed from the curbside no later than 8:00 p.m. on the date of collection. No recyclable materials, including corrugated cardboard, shall be placed at the curb prior to 6:00 p.m. on the day preceding the designated collection day.
[Amended 2-13-2001 by Ord. No. 01-08; 5-5-2009 by Ord. No. O-015-09]
C. 
For collection of household appliances (white goods) containing refrigerants, a fee of $10 per appliance containing refrigerant shall be payable in advance to the Township, at which time a collection date shall be established, said sum to be payable at the Department of Community Services.
[Amended 6-15-2004 by Ord. No. 04-34]
D. 
Tires (up to the 1100 series) can be taken to the recycling drop-off site and will be disposed of for the fee of $2 per tire without a rim and $5 per tire on a rim, payable to the Department of Community Services.
[Amended 6-15-2004 by Ord. No. 04-34]
E. 
For rear yard refuse collection service, a fee of $100 shall be payable per quarter for all residents who apply to the Director of Community Services and comply with the guidelines established by the Department of Community Services for implementation of this service.
[Added 8-19-2003 by Ord. No. 03-51; amended 6-15-2004 by Ord. No. 04-34; 7-7-2009 by Ord. No. O-031-09]
[Amended 3-8-1994 by Ord. No. 94-5; 6-15-2004 by Ord. No. 04-34]
Items too large to be contained in a receptacle must be broken or reduced in volume and tied or bundled so that the greatest dimension is not more than three feet, except that sofas, chairs, mattresses and box springs will be accepted without being broken or bundled. No item or bundle shall weigh more than 75 pounds. No more than three bulky items will be accepted from any residential unit or commercial source without an appointment being made with the Department of Community Services prior to collection of the bulky items from the curbside. The Director of Community Services reserves the right to reject any bulky item offered for collection if its disposal is prohibited at the facility designated by the county for use by the Township.
[Amended 6-26-1990 by Ord. No. 90-35; 5-23-2000 by Ord. No. 00-19; 6-15-2004 by Ord. No. 04-34; 10-11-2005 by Ord. No. 05-56]
Leaves within the Township of Montclair shall be collected only during the following time periods, in the manner set forth herein:
A. 
From and during the period of October 15 through December 1, and from and during the period of April 1 to April 30, inclusive, residents may put out leaves for curbside collection only by utilizing biodegradable papers bags as approved by the Department of Community Services. Leaves will not be collected in plastic bags.
B. 
Leaves shall not be raked or otherwise placed or deposited into any street or roadway.
C. 
No branches, garden debris or other waste materials may be raked into the street at any time, unless so authorized by the Director of Community Services.
A. 
Commercial sources.
[Amended 5-26-1998 by Ord. No. 98-19; 10-7-1997 by Ord. No. 97-45; 7-21-1998 by Ord. No. 98-32]
(1) 
The Township shall not provide municipal collection or removal of any garbage, refuse or bulk waste from any commercial source. The owner, occupant or tenant of each such source shall be responsible for making arrangements for the removal of all garbage, refuse or bulk waste via a private scavenger or hauler.
(2) 
All commercial sources shall, if requested by the Township, document that its garbage, refuse and bulk waste are being picked up and disposed of by a licensed hauler. Such documentation shall be in the form of invoices and canceled checks and/or the hauler's DEP license number.
B. 
Placement for collection.
[Amended 5-26-1998 by Ord. No. 98-19]
(1) 
Collection from commercial sources shall be on Tuesdays and Fridays only, except where circumstances require more than two collections per week. When more than two collections per week are required, arrangements shall be made in advance and approved by the Director of Community Services.
[Amended 6-15-2004 by Ord. No. 04-34]
(2) 
All commercial sources shall facilitate its collection of garbage, refuse and bulk waste on the days stated in Subsection B(1) above such that no solid waste shall be collected by the private hauler prior to 6:00 a.m. on the appointed collection day.
C. 
Commercial establishments.
[Added 5-23-2000 by Ord. No. 00-19]
(1) 
The following commercial establishments shall be required to maintain, within 10 feet of each public entranceway, a permanent receptacle container of a type approved by the Township and in accordance with Township specifications:
(a) 
All businesses that sell food or beverages (including tobacco products, candy and other allied products which may be suitable for immediate consumption).
(2) 
Every owner, agent, lessee, tenant or occupant of every dwelling, commercial source or other premises where solid waste accumulates in the Township shall provide and maintain, in a suitable place on the premises, sufficient receptacles to contain the accumulated solid waste between collection periods.
D. 
Proof of service.
[Added 8-7-2001 by Ord. No. 01-39]
(1) 
In accordance with N.J.S.A. 40:66-5.1, solid waste collection services for multifamily residential sources and commercial and institutional sources involving private haulers must be in writing, thereby demonstrating such person to be lawfully providing solid waste collection services within the Township of Montclair. Said contract shall contain a statement that the collection of solid waste generated at these premises shall be conducted in the manner provided for by this chapter.
(2) 
Collection of both solid waste and recyclable material by private haulers, subject to Subsection D(1) above, shall be made no earlier than 6:00 a.m. on the appropriate collection day. These specified operating hours are hereby included and are intended to preserve the peace and quiet in Township neighborhoods during the hours when most residents are asleep.
[Amended 10-17-1989 by Ord. No. 89-39; 6-15-2004 by Ord. No. 04-34; 9-29-2015 by Ord. No. O-15-028]
Glass containers, aluminum cans, tin/steel cans, plastic containers, mixed paper, corrugated cardboard and uncontaminated newspapers will be collected curbside. Household appliances in residential areas will be collected per § 292-23. Tires will be accepted at the dropoff site for a designated fee. Computers and electronics will be accepted at the dropoff site on designated days and times. The bulky waste dropoff dates and the fee for tires are to be established by the Director of Community Services. [NOTE: The type of plastic containers to be collected for recycling, dropoff dates and sites will be determined by the Director of Community Services.]
[1]
Editor's Note: Former § 292-29, Collection of recyclable materials, was repealed 9-29-2015 by Ord. No. O-15-028. See now Art. II, Newspapers, Glass and Other Recyclables.
A. 
No person shall throw, drop, dump, tow or otherwise place any form of waste, litter, abandoned automobile, automobile parts or any excavated materials on any public property or on any private property owned by another or otherwise contrary to the provisions of this article.
[Amended 2-19-1991 by Ord. No. 91-6]
B. 
Recycling drop-off site. It shall be a violation of this article for any person to deposit any material other than the recyclable materials designated in § 292-19, the containers in which such recyclables were delivered or the following items: sheet glass, scrap metals, kraft paper bags, high-grade ledger, mixed paper and computer printout paper or used motor oil at the recycling drop-off site at any time.
[Amended 5-23-2000 by Ord. No. 00-19]
No person shall prevent or interfere with any Township employee or agent in the discharge of his/her duties in inspecting for the proper placement of receptacles or in recyclable material for collection or the sweeping or cleaning of any street or in the removal of sweepings, snow, ice or other refuse material or in 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.
[Amended 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.