[HISTORY: Adopted by the Mayor and Council of the Borough
of Franklin 10-12-2010 by Ord. No. 13-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 168.
Nuisances — See Ch. 191.
Property maintenance — See Ch. 205.
Abandoned vehicles — See Ch. 255.
Board of Health regulations — See Ch. 320.
[1]
Editor's Note: This ordinance also repealed former Ch. 230,
Solid Waste, derived from Ch. XXII of the 1975 Code (Ord. No. 2-82),
as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Any noncompactible material such as wood crating materials,
glass, sawdust powder, furniture and appliances and recreational equipment
or material used in packing, protecting, bracing or holding property
while in transit.
Yard trimmings, rags, wood, cardboard and other combustible
waste solids of a nonvolatile or explosive nature.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Sussex County.
The Sussex County Solid Waste Management Plan for residential
and nonresidential generators.
Animal or vegetable waste solids resulting from the handling,
preparation, cooking and consumption of food.
Any building or structure, or complex of buildings, in which
two 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 in
the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this chapter and any rules and regulations which may
be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Borough
of Franklin.
All solid waste material which does not burn.
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Recycling
Code
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Description
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01
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ALUMINUM CANS — Food and beverage containers made entirely
of aluminum.
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02
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ANTIFREEZE — An automotive engine coolant consisting of
a mixture of ethylene glycol and water or propylene glycol and water.
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03
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COMPUTER PRINTOUT/WHITE LEDGER — All computer paper, all
high-grade white paper (including letterhead, typing paper, copier
paper, onionskin, tissue and note pad).
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04
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CONCRETE, ASPHALT AND MASONRY/PAVING MATERIAL — Asphalt,
concrete, brick, cinder block, patio blocks, and other masonry and
paving materials.
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05
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CONSUMER BATTERIES — Any type of button, coin, cylindrical,
rectangular or other shaped enclosed device or sealed container which
is utilized as an energy source for commercial, industrial, medical,
institutional, or household use (does not include lead-acid batteries
from vehicles).
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06
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CORRUGATED — Containers, brown grocery bags, and similar
paper items, usually used to transport supplies, equipment, parts
or other merchandise, dunnage.
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07
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GLASS CONTAINERS — All glass containers used for packaging
food or beverages.
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08
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HEAVY IRON — All structural steel or ferrous metal, cast-iron
components.
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09
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LEAD-ACID BATTERIES — Batteries from automobiles, trucks,
other vehicles and machinery and equipment, which shall be stored
in a manner that protects them from the elements to avoid corrosion
and leakage.
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10
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LEAVES AND BRUSH — Leaves, brush and other yard trimmings,
including grass clippings, from institutions, commercial or industrial
sources.
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11
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MAGAZINE AND JUNK MAIL — Magazine stock, white and colored
paper and envelopes, telephone directories and books.
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12
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MERCURY-CONTAINING DEVICES — Includes fluorescent and
compact tubes, high-intensity-discharge (HID) and neon lamps, electrical
switches, thermostats, thermometers and any batteries containing mercury.
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13
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MIXED OFFICE PAPER — Items listed in computer printout/white
ledger category when mixed with envelopes, manila folders and colored
paper. Material is generated by commercial/institutional sources.
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14
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NEWSPAPER — All paper marketed as newsprint or newspaper
and containing at least 70% newsprint or newspaper (American Paper
Institute Grade Nos. 6, 7 and 8 news).
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15
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PLASTIC CONTAINERS — Containers such as polyethylene terephthalate
(PETE No. l) soda bottles, high-density polyethylene (HDPE No. 2)
milk, and water or detergent bottles.
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16
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SCRAP AUTOS — Crushed or shredded automobile or truck
bodies, excluding auto shredder residue or "fluff."
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17
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STEEL CANS — Rigid containers made exclusively or primarily
of steel, tin-plated steel, and composite steel and aluminum cans
used to store food, beverages, paint and a variety of other household
and consumer products.
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18
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STUMPS, LOGS AND TREE PARTS — Unfinished wood from land-clearing
projects, storm damage or pruning activities.
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19
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TEXTILES — Textiles larger than 15 inches by 15 inches
(e.g., clean clothing, drapes, curtains, sheets, towels, cloth, belt,
shoes, handbags, and small stuffed animals).
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20
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TIRES — Rubber-based scrap automotive and truck tires.
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21
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USED CONSUMER ELECTRONICS — Any appliance used in a business
that includes circuitry. Includes components and subassemblies of
the electrode products. Examples include computers and peripherals,
printers, copiers, VCRs, televisions, cell phones and fax machines,
etc.
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22
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USED MOTOR OIL — A petroleum base or synthetic oil whose
use includes, but is not limited to, lubrication of internal combustion
engines, which through use, storage or handling has become unsuitable
in its original purpose due to the presence of impurities or loss
of original properties.
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23
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WHITE GOODS AND LIGHT IRON — All large appliances such
as washers, dryers, refrigerators, etc., as well as products made
from sheet iron, such as shelving, file cabinets, metal desks, recycled
or reconditioned steel drums, and other nonstructural ferrous scrap.
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24
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WOOD SCRAP — Unfinished lumber from construction or demolition
projects, including pallets. "Unfinished" shall mean nonchemically
treated (not pressure-treated, impregnated with preservatives, insecticides,
fungicides, creosote, or other chemicals, and not painted, resin-coated
or otherwise surface treated, and not laminated or bonded, and not
similarly altered from its natural condition).
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25
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NONFERROUS AND ALUMINUM SCRAP — All noncontainer aluminum,
stainless steel, copper, zinc, brass, and other metals which generally
do not rust.
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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.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, and
solid market and industrial wastes, whether combustible or noncombustible.
Each separate and distinct residential living unit with a
separate address such as a single-family house, townhouse, condominium,
or apartment. A separate living area in mother/daughter style house
shall be a separate residential unit.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
[Amended 7-26-2016 by Ord. No. 18-2016]
A.
The owner, agent, lessee, tenant, or occupant of every dwelling house
or other premises where refuse accumulates shall provide and keep
on such premises sufficient and suitable receptacles with tight-fitting
covers for receiving and holding the refuse.
(1)
"Sufficient" is defined for the purpose of this section to be at
least one receptacle for each family unit or other occupant of premises
and at least two such receptacles for each commercial or business
establishment where the aforesaid refuse shall accumulate, but each
occupant of premises shall provide sufficient receptacles to store
all refuse which may be accumulated there between the times when such
refuse is disposed of as hereinafter provided.
(2)
"Suitable" is defined for the purpose of this section to be a watertight
metal, rubber or plastic receptacle with a tight-fitting cover so
constructed as to prevent spilling or leakage of its contents.
B.
Each receptacle for use at a single residence shall have a capacity
of not more than 32 gallons and be equipped with a pull handle or
handles.
C.
Receptacles for refuse from multidwelling units or industrial premises may have a greater capacity than that prescribed in Subsection B of this section, provided that they meet the other qualifications of a suitable receptacle and are equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and replaced by the same type of receptacle if removed for emptying. Receptacles permitted by this subsection must be of the type and meet specifications to be serviced by the municipal solid waste vendor using trucks and equipment currently serving the Borough. The burden shall be on the property owner to contact to the vendor to confirm that the receptacles are the proper type.
D.
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 by the person or agency responsible for the collection
of refuse, provided that such receptacle shall not be collected if
it appears to have been suitable under the definition of this section
at some previous time without a written notice being delivered to
the owner of the fact that the receptacle is not deemed suitable at
least 10 days before the receptacle is collected.
E.
Receptacles shall be conveniently located on premises for the storage
of refuse and maintained in such a manner with the cover in place
as to prevent creation of a nuisance or menace to public health.
[Amended 7-26-2016 by Ord. No. 18-2016]
A.
Garbage shall be thoroughly and completely drained of all liquids,
wrapped securely in paper or placed in paper bags and placed in a
receptacle as herein described.
B.
Combustible or noncombustible waste of such a nature that it cannot
be deposited in a receptacle shall be securely and properly tied into
bundles or packages to prevent spilling or scattering. The bundles
or packages shall be of a size and weight to permit ease of handling
by one man and shall be packaged or otherwise assembled in quantities
weighing not more than 40 pounds.
C.
The person occupying any premises whereon a business or industry
is conducted shall arrange for the removal of refuse from such premises
each day unless sufficient and suitable facilities are provided and
used for the storage of such refuse within a building on such premises
until the refuse is removed.
D.
Receptacles or other items to be disposed of shall be placed as noted
above any time after 5:00 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, any containers shall be removed from the curbside
by no later than 7:00 p.m. of the day of collection.
E.
Bulk items such as carpets, furniture, TVs, mattresses, building
materials and white goods (stove, dishwashers, dryers, etc.) will
be picked up on the same day as your regular garbage collection at
no additional cost.
F.
Building materials must be cut to four-foot lengths, tied and bundled,
not exceeding 40 pounds and not to exceed four bundles per pickup.
[Amended 7-26-2016 by Ord. No. 18-2016]
A.
Garbage shall be collected curbside at the nearest public street
by a contractor contracted by the Borough of Franklin weekly on a
schedule to be adopted by the Borough Council and posted in the municipal
building.
B.
The maximum number of containers per residential unit shall be three
thirty-two-gallon receptacles.
C.
Vegetative waste, including grass clippings and leaves, may not be
disposed in the regular municipal solid waste collection. Leaves may
be disposed of by placing them in biodegradable brown bags and placing
them curbside on dates designated by the Borough Council for collection.
Brush or limbs will also be collected, but brush or limbs are not
to exceed a three-inch diameter, no longer than four-foot lengths
and should be bundled and tied.
D.
Christmas trees will be collected during designated days in January.
The trees must have the stand and ornaments removed and cannot be
in plastic or other bags.
All commercial property in the Borough of Franklin shall be
responsible for entering into a contract with a private waste disposal
company if their collection exceeds the weekly three-container limit.
[Amended 10-10-2023 by Ord. No. 14-2023]
A.
No refuse of any kind shall be imported from outside the Borough
of Franklin for disposal in the Borough of Franklin. All refuse collected
in the Borough of Franklin shall be disposed of at a sanitary landfill
established, conducted, operated and maintained in accordance with
standards established by the State Department of Environmental Protection.
B.
The spilling, dumping, or disposal of materials other than stormwater
including uncontaminated groundwater to the municipal separate storm
sewer system operated by the Borough of Franklin is prohibited. The
spilling, dumping, or disposal of materials other than stormwater
in such a manner as to cause the discharge of pollutants to the municipal
separate storm sewer system is also prohibited.
All residential households shall recycle the following items
which shall be picked up by the Borough's garbage contractor:
All nonresidential units, commercial, institutional and organizational
sectors shall be subject to recycling the same items as residential
households. However, additionally, the following items shall be recycled
by all businesses, institutions, industries and organizations:
A.
Corrugated materials.
B.
High-grade paper.
C.
Textiles.
D.
Antifreeze.
E.
Tires.
F.
Concrete.
G.
Asphalt.
H.
Consumer batteries.
I.
Heavy iron.
J.
Lead-acid batteries.
K.
Scrap autos.
L.
Used consumer electronics.
M.
Used motor oil.
N.
White goods and light iron.
O.
Wood scrap.
P.
Nonferrous and aluminum scrap.
[Amended 9-26-2023 by Ord. No. 10-2023]
Yard waste, such as brush and other yard trimming including
grass clippings and leaves, may not be disposed of by including it
in municipal solid waste.
A.
Yard waste must be disposed of in one of the following two manners:
(1)
Residents may arrange for the recycling of their yard waste by transporting
it to the county- designated composting site on their own; or
(2)
Residents may place their yard waste at curbside on dates designated
by the Borough of Franklin for collection by the municipality. Collection
by the Borough will be according to the following schedule each year:
On the fourth Thursday of each month during the months of April
through November before 7:00 a.m.
B.
Yard waste to be collected by the Borough should be bagged in biodegradable
paper bags or in containers not to exceed 32 gallons. The Borough
will not accept loose yard waste.
C.
Sweeping, raking, blowing or otherwise placing yard waste that is
not containerized at the curb or along the street is not allowed.
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste
in the street.
D.
If yard waste that is not containerized is placed in the street,
the party responsible for placement of yard waste must remove the
yard waste from the street or said party shall be deemed in violation
of this ordinance.
E.
Yard waste shall not be placed or allowed by the responsible party
to accumulate closer than 10 feet from any storm drain inlet.
F.
The Borough will also accept limbs not exceeding three inches in
diameter and not exceeding four feet in length which are properly
bundled and tied.
All newspapers, magazines and junk mail must be bundled and
tied in stacks which do not exceed 12 inches in height or else the
Borough's garbage contractor shall not collect the newspapers and
the resident shall be responsible for providing for the recycling
of the newspapers. All newspapers must be bound with sturdy, nonplastic
string. All magazines left for collection must be kept separate from
the newspapers to be collected by the Borough.
The following restrictions apply to the recycling of glass:
Residential households may not dispose of aluminum cans, tin
cans or bimetal cans in the regular municipal solid waste. These items
shall be recycled. All cans and scrap aluminum to be recycled shall
be disposed of in sturdy, neat, reusable containers and must be clearly
marked.
Residential households may not dispose of plastic containers
in the municipal solid waste. All plastic containers must be recycled.
All plastic containers to be recycled shall be disposed of in sturdy,
neat, reusable containers and must be clearly marked.
All businesses and other nonresidential institutions must recycle
corrugated paper. All corrugated paper placed at the curb for municipal
collection must be stacked in neat piles, and cardboard boxes shall
be flattened.
All businesses and nonresidential institutions must recycle
high-grade paper.
Businesses and other nonresidential institutions shall provide
for the recycling of designated items according to the following provisions:
A.
If a business contracts with a private hauler in order to recycle
items, the business or other nonresidential institution shall provide
written documentation of compliance with the recycling plan to the
Borough Clerk or Recycling Coordinator no later then March 1 of the
succeeding year.
Mobile home parks, condominiums, cooperatives and townhouse
developments shall provide for the recycling of all items designated
as recyclable by this chapter.
The Borough Zoning Officer or an employee designated by the
Borough Council in cooperation with the Borough Recycling Coordinator
shall be the primary enforcement agencies for compliance with the
provisions of this article.
Enforcement of this chapter shall be in accordance with the
following methods:
A.
Fines imposed by the Municipal Court in accordance with state law. Specifically, the fine for the first offense shall be in the amount of $25, the fine for the second offense shall be in the amount of $50 and the fine for each and every subsequent offense shall be pursuant to the penalties as provided for in Chapter 1, General Provisions.
B.
Not picking up waste which is not in compliance with the provisions
of this article.
C.
The Borough, in its discretion, may place warning stickers on garbage
receptacles.
D.
Each violation shall constitute a separate offense.
Recyclable materials placed by a property owner at the curb
for collection shall only be picked up, collected and recycled by
the private recyclable operator with who said property owner has contracted
or by the municipality or its duly authorized agents. No other person
shall collect or pick up or cause to be collected or picked up any
recyclables. Unauthorized collection of recyclables from a property
owner's recyclables shall constitute a separate offense for each incident
with each individual.
All private recycling program operators operating pursuant to
the chapter shall provide the municipality with the following information:
A.
A listing of the names and addresses of all property owners within
the municipality who have contracted with them to collect their recyclables.
This list must be updated on a monthly basis.
B.
Private operators must submit written documentation to the Municipal
Recycling Coordinator setting forth the total number of tons of recyclable
materials collected during the preceding twelve-month period with
the municipality. Such information must be submitted prior to March
1 each year.
The provisions herein shall not be construed to prohibit groups
or individuals who are authorized by the Municipal Recycling Coordinator
from collecting or picking up recyclables at curbside or otherwise
in such manner and under such terms and conditions as shall be imposed
by the Municipal Recycling Coordinator. No collection shall interfere
with the collection by the municipality or private recycling operators.
