[Amended 5-12-2010 by Ord. No. 10-2010]
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:
COMBUSTIBLE WASTE
Yard trimmings, rags, waste wood or cardboard and other combustible
waste solids of a volatile or explosive nature. Grass clippings are
not "combustible waste" as defined herein.
GARBAGE
Animal and/or vegetable waste solids resulting from the handling,
preparation, cooking and/or consumption of foods.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Eatontown or other public body, and is designed
and used for collecting and conveying stormwater. MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
REFUSE
Garbage, combustible and/or noncombustible waste solids.
REFUSE CONTAINER
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 4-8-1992 by Ord. No. 9-92]
It shall be unlawful to include grass clippings
as refuse, garbage or trash to be picked up for collection or disposal
in landfills, transfer stations or incinerators.
[Amended 5-12-2010 by Ord. No. 10-2010; 8-11-2021 by Ord. No. 21-2021; 12-8-2021 by Ord. No. 30-2021]
The owner, agent, lessee, tenant or occupant
of every dwelling or other premises, except multidwelling units or
industrial premises, where refuse accumulates shall be provided one
plastic refuse receptacle at no charge by the Borough of Eatontown
for receiving and holding refuse. The Borough shall provide a second
refuse receptacle to those owners, agents, lessees, tenants or occupants
of such dwellings who request one at cost to the Borough which shall
not exceed $70 per container. There shall be no charge to replace
a damaged refuse receptacle. Any person who controls, whether owned,
leased, or operated, a refuse container or dumpster must ensure that
such container or dumpster is covered at all times and shall prevent
refuse from spilling out or overflowing. Any person who owns, leases
or otherwise uses a refuse container or dumpster must ensure that
such container or dumpster does not leak or otherwise discharge liquids,
semiliquids or solids to the municipal separate storm sewer system(s)
operated by the Borough of Eatontown.
A. The following are exempt from the above:
(1) Permitted
temporary demolition containers.
(2) Litter
receptacles (other than dumpsters or other bulk containers).
(3) Individual
homeowner trash and recycling containers.
(4) Refuse
containers at facilities authorized to discharge stormwater under
a valid National Pollutant Discharge Elimination System (NPDES) permit.
(5) Large
bulky items (e.g., furniture, bound carpet and padding, white goods
placed curbside for pickup).
B. There shall be at least two receptacles for each restaurant,
market, store or similar business establishment where the aforesaid
refuse shall accumulate.
C. Each receptacle
for use at a single residence shall have a capacity of not more than
96 gallons and be equipped with a pull handle or handles. No single
residence be equipped with more than two plastic refuse receptacles
supplied by the Borough.
D. Receptacles for refuse from multi-dwelling units or industrial premises may have a greater capacity than that described in Subsection
C hereof, provided they are:
(2) Constructed of metal or plastic.
(3) Equipped for handling motorized equipment.
(4) Cleaned and sanitized as needed after emptying.
(5) Replaced by the same type of receptacle if removed
for emptying.
E. Receptacles that are badly broken, or otherwise fail
to meet the requirements of this section, may be classed as refuse
and collected and disposed of as such or replaced by the person or
agency responsible for the collection of refuse.
F. Receptacles of refuse shall not be set out for collection
except for any time after 6:00 p.m. the evening before your scheduled
pickup and no later than 6:00 a.m. the morning of the scheduled pickup.
G. Receptacles shall be conveniently located on premises
for storage of refuse and maintained in such manner as to prevent
creation of a nuisance or menace to public health.
H. This section
shall be enforced by the Eatontown Special Code Enforcement Officer.
I. Any person(s)
who is found to be in violation of the provisions of this section
shall be subject to a fine not to exceed $200.
The owner, agent, lessee, tenant or occupant
of any premises whereon a business or industry is conducted shall
arrange for the removal of refuse from business or industry each day,
unless sufficient and suitable facilities are provided and used for
storage of such refuse until removal of the refuse from the premises.
Refuse shall be disposed of only through use
of sanitary landfills established, conducted, operated and maintained
in accordance with standards established by the State Board of Health
and/or incinerators constructed, operated and maintained in accordance
with standards established by the State Department of Health, and
code or regulation of the New Jersey Air Pollution Control Commission
or other methods of disposal as may be permitted by code or regulation
of that Commission.
[Amended 10-14-2020 by Ord. No. 15-2020]
A. Persons engaged in the business of collecting solid
waste and/or recyclable materials from dumpster receptacles shall
only collect those items between the hours of 7:00 a.m. and 7:00 p.m.
This section shall not apply to Borough employees or collectors who
are collecting under authority of a contract with the Borough of Eatontown
which provides for different hours of operation.
B. Vehicles used for the purpose of collecting refuse
from receptacles as prescribed by the provisions of this code shall
be loaded in such fashion that no part of the contents shall fall,
leak or spill therefrom. Each such vehicle shall be adequately and
tightly covered.
The storage, collection or disposal of refuse in violation of any provision of §§
281-3, 4, 5 and 6 of this code is hereby declared to be a nuisance and detrimental to public health.