This article shall be known as the "Refuse and Garbage Collection Regulation of the Township."
As used in this article, the following terms shall have the meanings indicated:
BULKY AND INDUSTRIAL WASTE
All waste generated by any industrial business or manufacturing concern of any kind whatsoever, and all bulky waste as defined by N.J.A.C. 7:26-1.4, which shall include but not be limited to the following: all items which exceed the size or weight requirements herein, tree trunks or large limbs or stumps, auto bodies or any part thereof, demolition or construction materials, appliances, furniture and drums.
DWELLING UNIT
A structure, or an entirely self-contained portion thereof, which is designed for and occupied principally as a place of residence for one housekeeping unit. A dwelling unit must be suitable for year-round occupancy and must contain facilities, for cooking, sleeping, bathing and human sanitation, which are for the exclusive use of the occupants of the dwelling.
GARBAGE
All refuse, entrails and waste of animals and fish and all vegetable matter which has been or was intended to be used as food; all clam, oyster, crab and lobster shells; and all other materials so specified by the State of New Jersey.
HAZARDOUS WASTE
All waste which is deemed chemical waste, hazardous waste or infectious waste, as defined by N.J.A.C. 7:26-1.4, and which is flammable, corrosive, explosive or which by itself or in combination with other waste could be hazardous to life or property.
MULTIFAMILY DWELLING
Any apartment building, garden apartment building or complex or rental housing complex containing more than four dwelling units.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
REFUSE and RUBBISH
All solid wastes, both combustible and noncombustible, such as paper, wrappings, cardboard, tin cans, yard clippings, leaves, glass, rags, waste food or cardboard, and other combustible solids of a nonvolatile or explosive nature, bedding, crockery and similar materials, ashes, street cleaning and dead animals, except bulky and industrial waste and hazardous waste, as defined in this article.
SINGLE-FAMILY DWELLING
Any single-family home or any housing complex containing four or fewer dwelling units, plus any housing complex consisting of five or more dwelling units in which the majority of such units are separately owned in fee or as condominiums. The ownership of 50% or more of the dwelling units in any such complex by a single individual or a group of individuals or entities shall disqualify such complex from being a single-family dwelling for purposes of this article.
A. 
Receptacle requirements. It shall be the duty of every owner, tenant, lessee or occupant of every building within the corporate limits of the Township of Mantua to provide, or cause to be provided, and to keep on the premises at all times suitable metallic or plastic or regulation paper trash bags with twist ties, designed for trash and garbage combined disposal, and watertight, closely covered receptacles for receiving and holding only the garbage and other animal and vegetable refuse that may accumulate or be collected in the premises.
B. 
Automated trash collection. One ninety-six-gallon cart will be assigned by serial number, recorded by the Mantua Township Public Works Department, to each residential taxable property and will remain the property of the Township of Mantua.
(1) 
If a resident moves, the cart assigned to that residence must be left behind for the new resident.
(2) 
Residents may trade in the ninety-six-gallon cart for a smaller sixty-five-gallon cart if the resident deems the ninety-six-gallon cart too large.
(3) 
Owners of residential rental properties may purchase an additional cart for each residential unit at the price of $75 annually, which is set by the Township Committee of the Township of Mantua. Leased carts belong to the Township of Mantua and not to the lessee.
(4) 
Residents, after following all recycling rules and regulations but still not having enough space in the ninety-six-gallon cart, may lease a second cart at a price of $75 annually, which is set by the Township Committee of the Township of Mantua each year.
(5) 
For carts needing repair, residents shall notify the Mantua Township Public Works Department.
A. 
Scope. The following regulations shall govern the storage, placement and collection of garbage and refuse, exclusive of those items regulated under Article I of this chapter, produced or otherwise created within the Township of Mantua.
(1) 
Combined refuse and garbage collection will be furnished by the Township of Mantua to all designated residential properties (i.e., single-family buildings), multifamily buildings, schools (i.e., public and/or private), churches, municipal and not-for-profit social clubs/organizations within the Township of Mantua on a once-a-week basis unless otherwise specifically provided. All eligible properties within the Township of Mantua shall make use of the system of refuse and garbage storage placement and collection in accordance with these regulations.
(2) 
For all other property owners (i.e., nonresidential, nonschools, nonchurches, nonmunicipal and/or non-not-for-profit social clubs/organizations), trash shall be collected, transported and disposed of by said businesses, property owners and tenants at their own expense, excluding the collection and disposal of recyclables (i.e., in proper containers), which shall be collected by the Township at no expense.
B. 
Refuse acceptable for collection.
(1) 
All garbage and refuse, except for those items regulated by this article, shall be acceptable for collection, provided that the storage and placement of said garbage and refuse is in compliance with the applicable provisions of this article. In no event shall the collection of refuse and garbage be by dumpsters, unless otherwise specifically provided.
(2) 
The first full week of every month, up to five trash containers of construction debris will be collected from residential and multifamily properties only if placed in individual containers not weighing more than 50 pounds per container. Carpeting shall be cut, rolled and tied into four-foot to six-foot lengths not weighing more than 50 pounds. No carpeting or construction debris shall be collected if the work was done by a contractor and/or subcontractor.
C. 
Refuse not acceptable for collection. The following refuse shall not be acceptable for collection by the Township of Mantua:
(1) 
Dangerous substances, such as poisons, acids, caustics, noxious chemicals, infected materials, explosives and ammunition, or any materials likely to cause injury to persons employed, or damage to equipment used, in making collections.
(2) 
Bulky and industrial wastes and hazardous wastes shall not be placed in containers for collection but shall be disposed of by the owner at the expense of the owner or possessor thereof, with the exception of bulky waste from single-family dwellings generated within the Township of Mantua by such dwelling to the extent allowed by rules and regulations promulgated by the Township Administrator under this article.
(3) 
Any materials resulting from the demolition, repair, excavation, construction, masonry products, renovation and/or similar activities performed upon garages, buildings or structures on any residential properties, including but not limited to such materials as earth, plaster, mortar, asphalt and/or asbestos shingles, carpeting, lumber, roofing materials and the like, if the work was performed by a contractor or subcontractor.
(4) 
Bulky waste items, including but not limited to automobiles, vehicles, parts of vehicles, sod, large tree limbs, tree stumps and tree trunks, shall be disposed of by the owner at the expense of the owner or possessor thereof, with the exception of bulky waste from single-family dwellings generated within the Township of Mantua by such dwelling to the extent allowed by rules and regulations promulgated by the Township Administrator under this article.
(5) 
Loose piles of vegetation or tree branches unless properly prepared for collection.
(6) 
Heavy units exceeding 50 pounds in gross weight.
(7) 
Materials which cannot be disposed of in strict accordance with the standards and regulations prescribed by the Department of Health and Senior Services of the State of New Jersey, the Department of Public Utilities of the State of New Jersey and any other governmental agency or department having jurisdiction for the disposal of waste materials by sanitary landfill methods.
D. 
Storage, placement and collection of refuse.
(1) 
Storage. All refuse shall be stored in receptacles, as described in this article, which shall be kept covered at all times and shall be maintained in a clean and proper condition for safe handling. Plastic trash bags may be utilized, provided that they are securely tied and of sufficient strength to allow being picked up without tearing or breaking. The Township of Mantua may affix a notice to containers which do not qualify under the requirements of this article indicating that the containers do not qualify and that further use of said containers may result in confiscation of the containers or refusal to make the collection as specified in this article. If at the next regularly scheduled collection date said containers still do not conform to the requirements of this article, the Township of Mantua may collect the containers as specified in this article. No refuse shall be collected by dumpsters.
(2) 
Placement.
(a) 
All receptacles for collection shall be placed by the owner, tenant, lessee or occupant of the property at the curbline along public streets or roads that have been dedicated to and accepted by the municipality after 6:00 p.m. of the day prior to collection. All receptacles for collection shall be placed at the pickup site no later than 6:00 a.m. of the day of collection. Each owner or occupant of premises placing a receptacle for collection shall remove the receptacle during the periods of noncollection to an area within or adjacent to the home or building. All receptacles shall be stored and maintained in a manner consistent with the provisions of this article.
(b) 
Automated trash carts shall be placed out with the metal lift bar facing the center of the street and with at least three feet of clearance on either side so that the mechanical arm can easily lift the cart without interference.
(3) 
Home medical waste.
(a) 
All property owners shall dispose of any duly prescribed medical waste (i.e., syringes, medical needles, etc.), in proper containers (i.e., metal or hard plastic) for disposal in the municipal trash collection. Any such items shall be placed in proper containers so that no injury/contact may be encountered in the removal by the municipal trash collectors.
(b) 
Any prescribed home medical waste materials not properly discarded in the municipal trash collection system shall be returned to the proper owner.
(4) 
Collection. Every contractor, and any employee or employees of such contractor, and every other person authorized by the Township Committee of the Township of Mantua or the Board of Health of said Township to collect garbage and other animal and vegetable refuse, and collecting the same from the streets, highways or alleys or from any house, lot or building in the Township of Mantua, shall deposit the same in a watertight, covered wagon, box, tank or receptacle. Said collections shall be made between the hours of 6:00 a.m. and 6:00 p.m. on the days designated for collection by the Township Committee of the Township of Mantua.
E. 
County landfill/incinerator. Nothing in this article shall prohibit anyone from transporting and/or disposing of garbage, trash, refuse, etc., at the county-owned/operated landfill and/or incinerator. All expenses incurred shall be paid by said party, and the Township shall not be responsible for any costs of any party.
F. 
Inspection. All garbage and refuse placed at the curbline for collection shall be subject to random inspection by the Township of Mantua to ensure compliance with the provisions of this article and Article I, Recycling, of this chapter.
G. 
It shall be unlawful for any person or persons, other than the person or persons designated by and/or bound under contract to the Township of Mantua, to gather and remove any garbage or other animal and vegetable refuse within the corporate limits of the Township of Mantua; except, however, that the private collection of garbage and other animal and vegetable matter may be collected by persons other than such parties with whom the Township of Mantua makes contract, provided that such private collector of said garbage and other animal and vegetable matter shall receive a special permit therefor from the Board of Health of the Township of Mantua, which permit shall be issued only to such person who will remove said garbage at such time, in such manner and with such equipment as provided for in this article and by the ordinances of the Board of Health of the Township of Mantua.
H. 
No person engaged in the collection of garbage and other animal and vegetable refuse, as aforesaid, shall obtain the same except by means of the sidewalk, paths and other means of access. No person shall trespass upon the lawn or damage any property of the owner or occupant of any house, residence or building in the Township of Mantua.
Collections shall be made once per week in accordance with a schedule to be determined by the Township Administrator, except those days of the week which are approved employee or national holidays, for which the Administrator may make appropriate pickup scheduling accommodations.
No contractor, or any employee or employees of the contractor, or any other person authorized by the Township Committee of the Township of Mantua or the Board of Health of said Township to collect garbage and other animal and vegetable refuse, shall, in the course of such employment, negligently or carelessly distribute or cause to be distributed any garbage or other animal and vegetable refuse in and along any of the streets, highways or public places of the Township of Mantua.
A. 
Garbage and refuse collected in the Township shall be collected, conveyed and disposed of by the collector under the supervision of the Public Works Superintendent. The Public Works Superintendent, in conjunction with the Township Administrator, shall have the authority to make necessary and reasonable rules and regulations implementing the day and time of collection, type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal of refuse and other materials as he shall find necessary in the public interest.
B. 
The Public Works Superintendent, in conjunction with the Township Administrator, is hereby authorized and may promulgate rules and regulations for the disposal of bulky waste, as defined by N.J.A.C. 7:26-1.4, and all other waste material not included within the definition of "refuse" where such waste material originates within the Township, such as for the collection of large items of garbage and refuse produced by the household which cannot be picked up during the course of regular trash collection using standard equipment. Any person desiring to dispose of such waste shall do so in accordance with such statutes, ordinances and regulations of the State of New Jersey and the Township, as established. Nothing contained herein shall require the collection of bulky waste from residential dwellings.
To the extent that the Township of Mantua is required to collect and/or reimburse the condominiums and/or apartment complexes for collection, the Public Works Superintendent shall establish rules and regulations, in conjunction with the Township Administrator, for the orderly collection and/or appropriate reimbursement to the extent required by law.
If in its opinion it is more advantageous to have the garbage and other animal and vegetable refuse collected, removed and disposed of by persons other than the authorities of the municipality, the Township Committee shall have the power to make a contract or contracts for such work or any portion thereof with any individual or individuals, corporation or corporations. Said contract shall be entered into and made only after bids therefor have been advertised for according to law and then only to the lowest responsible bidder or bidders, unless such bidder or bidders shall be willing to pay for the privilege of collecting such garbage and other animal and vegetable refuse, and then to the responsible person who is willing to pay the greatest amount for said privilege. The person to whom such contract is awarded shall give satisfactory bond or security for the faithful performance of the work.
A. 
Any person, entity or corporation who or which violates any provision of this article shall, upon conviction thereof, be punishable by one or more of the following: imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days or by a fine of not less than $100 and not more than $2,000 or by a period of community service up to but not exceeding 90 days, or any combination of the above.
B. 
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.