[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong 1-21-2009 by Ord. No. 2-2009. Amendments noted where applicable.]
Littering — See Ch. 147.
Property maintenance — See Ch. 179.
Sanitary Code — See Ch. 274.
Editor's Note: This ordinance also superseded former Ch. 201, Solid waste, consisting of Art. I, Recycling, adopted 5-5-1988 by Ord. No. 11-88, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- COMBUSTIBLE WASTES
- 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.
- DESIGNATED RECYCLABLE MATERIALS
- Those materials designated within the Sussex County.
- DISTRICT SOLID WASTE MANAGEMENT PLAN
- 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.
- 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 guest houses 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.
- MUNICIPAL RECYCLING COORDINATOR
- 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.
- MUNICIPAL SOLID WASTE (MSW) STREAM
- All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of Hopatcong.
- NONCOMBUSTIBLE WASTES
- All solid waste material which does not burn.
- 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.
- 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.
- RESIDENTIAL UNIT
- Each separate and distinct residential living unit with a separate address such as a single-family house, townhouse, condominium, or apartment.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
- SOURCE SEPARATION
- 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.
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.
"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.
"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.
Each receptacle for use at a single residence shall have a capacity of not more than 35 gallons and be equipped with a pull handle or handles.
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 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.
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.
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.
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.
Receptacles for refuse shall not be set out for collection except during hours of a day scheduled for collection of refuse or the evening before.
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.
Receptacles or other items to be disposed of shall be placed as noted above anytime 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.
Garbage shall be collected curbside at the nearest public street by the Borough of Hopatcong weekly on a schedule to be adopted by the Borough Council and posted in the municipal building.
The maximum number of containers per residential unit shall be three.
Bulk items, subject to regulations and restrictions established from time to time by the Borough Administrator, may be placed curbside for pickup. No bulk items will be accepted at the recycling center. Each bulk item placed curbside shall have a maximum weight of 50 pounds. The bulk items must have a sticker affixed to the item which may be purchased at the Health Department. The stickers for bulk items shall cost $10 per item. The Borough Administrator may establish a policy of reducing or waving the fees in this section for senior citizens.
[Added 2-18-2009 by Ord. No. 8-2009; amended 8-5-2009 by Ord. No. 27-2009]
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 transporting them to the municipal collection center or placing them curbside on dates designated by the Borough Administrator for collection. Brush or limbs will not be collected, but brush or limbs up to a four-inch diameter can delivered to the municipal collection center.
[Added 2-18-2009 by Ord. No. 8-2009]
Christmas trees will be collected during designated weeks in January. The trees must have the stand and ornaments removed and cannot be in plastic or other bags. Residents may bring their Christmas tree to the municipal collection center during operating hours.
[Added 2-18-2009 by Ord. No. 8-2009]
White goods will be collected by the municipality or designated contractor upon the payment of a collection fee of $10. White goods may be delivered to the collection center for free. No item that contains refrigerant will be collected or accepted without the refrigerant being removed and a proper certificate of removal attached. The Borough Administrator may establish a policy of reducing or waving the fees in this section for senior citizens.
[Added 2-18-2009 by Ord. No. 8-2009]
No refuse shall be disposed of except at a sanitary landfill established, conducted, operated and maintained in accordance with standards established by the State Department of Environmental Protection.
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 locations, as well as government, schools and other institutional locations within the municipality of Hopatcong, 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 in a manner and on such days and times as may be hereinafter established by regulations promulgated by the (municipality or department within the municipality).
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this chapter, 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: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled and that, at least on an annual basis, said recycling service 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:
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 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.
All receptacles or dumpsters shall be maintained in accordance with the Health Code of the municipality of Hopatcong.
The owner of any property shall be responsible for compliance with this chapter. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this chapter.
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or its designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoors litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at its premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
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.
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 load of solid waste contains designated recyclable materials.
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this article and the local Sanitary Code.
Once placed in the location identified by this chapter, or any rules or regulations promulgated pursuant to this chapter, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable material.
Prior to the issuance of a certificate of occupancy by the municipality of Hopatcong, 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.
The Code Enforcement Officer may, by regulation approved by the Borough Council, adopt rules and regulations to carry out the provisions of this section, and the violation of such rules and regulations shall constitute a violation of this section.
The Code Enforcement Official, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, the Housing Officer, and the Hopatcong County Department of Health (one or more may be chosen) are hereby individually and severally empowered to enforce the provisions of this chapter. An inspection may consist of sorting through containers and the opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250 nor more than $1,000. Each day for which a violation of this chapter occurs shall be considered a separate offense.
Fines levied and collected pursuant to the provisions of this chapter for Recycling violations shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program, including, for example, purchase of containers for distribution, educational materials, inspection costs.