Township of Marlboro, NJ Article I General Provisions

§ 320-1 Definitions and word usage.

A. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given hereafter. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; words in the masculine shall include the feminine, as appropriate; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely discretionary.

B. As used herein, the following terms shall have the meanings indicated:

[Amended 12-10-2009 by Ord. No. 2009-35]

ASHES

The residual from the burning of wood, coal, coke or other combustible materials.

BAGS

Plastic or fiber sacks designed to store solid waste with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag shall not exceed 50 pounds. If a bag breaks while being lifted, such bag shall not be considered of appropriate strength as to be used for containment of solid waste.

BUILDING MATERIALS

Any material, such as lumber, brick, plaster, gutters, roofing shingles or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures.

BULKY WASTE

Large items such as concrete, tree stumps, heavy wood items, cabinets, furniture, iron and steel (many of these items included are also recyclable).

BUNDLES

Normally loose items which shall be collected if organized into bundles of not more than four feet in length and tied with heavy twine, rope, wire, etc. Bundles shall be organized as to be conventionally handled by one person. No bundle shall exceed 50 pounds in weight.

CODE ENFORCEMENT OFFICER

The Code Enforcement Officer for the Township of Marlboro.

COMBUSTIBLE WASTE

Yard trimmings, rags, waste wood or cardboard and all other combustible waste solids of a nonvolatile and nonexplosive nature.

COMMERCIAL, INDUSTRIAL AND PROFESSIONAL PROPERTIES

Any retail, manufacturing, wholesale, governmental or other nonresidential establishment.

CONSTRUCTION DEBRIS

Waste building material resulting from construction, remodeling, repair or demolition operations performed by a resident which is placed at the curb in a bag, bundle or container as defined herein.

CONTAINER

See also "receptacle." (Note: The terms are interchangeable.)

(1) RECYCLING CONTAINER A container of the size provided for in § 320-11G(3) of this chapter, unless otherwise approved by the Coordinator, molded plastic, bright-yellow-colored receptacle/container with recycling logo, of sufficient volume, strength and durability to store and place for collection commingled materials (such as food and beverage containers made from aluminum, glass, plastic [PET and HDPE], steel, tin or a combination of metals, and alloys), but not to include disposable plastic bags.

(2) SOLID WASTE CONTAINER A receptacle container of the size provided for in § 320-11G(3) of this chapter, unless otherwise approved, constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by animals. The mouth of a container shall have a diameter greater than or equal to that of the base.

CONTRACTOR

The person, corporation or partnership performing solid waste and recycling collection through disposal services under contract.

COORDINATOR

The Recycling Coordinator appointed pursuant to § 320-4.

DEAD ANIMALS

Animals or portions thereof that have expired from any cause, provided that there is no visual or physical evidence of any diseases or hazardous material contamination shall be removed by Township personnel.

DEPARTMENT

The Township of Marlboro, Department of Community Development.

DIRECTOR

The Director of the Department of Community Development.

DIRECTOR OF PUBLIC WORKS

The Director of Public Works for the Township of Marlboro.

DIVISION

The Township of Marlboro, Department of Community Development, Division of Public Works.

GARBAGE

Putrescible animal and/or vegetative waste resulting from the handling, preparation, consumption or cooking of food and shall include any fecal waste from any animal or bird (when fecal matter has been separated from other waste and is double bagged prior to placement for collection).

HAZARDOUS WASTE

Any waste or combination of wastes which poses a present or potential threat to human health, living organisms or the environment, including but not limited to waste material that is toxic, carcinogenic, corrosive, irritating, sensitizing, biologically infectious, explosive, flammable or radioactive and any waste so designated by the United States Environmental Protection Agency (USEPA) or the New Jersey Commissioner of the Department of Environmental Protection (NJDEP).

HOSPITAL/RED BAG WASTE

Includes but is not limited to all instruments, supplies, containers, bandages, tubing, gloves, etc., used by health care practitioners and facilities as described in the New Jersey Department of Health regulations and New Jersey law, Section 306 of the Manual of Standards for Hospital Facilities.

HOUSEHOLD TRASH

All waste accumulation of paper, sweepings, dirt, dust, rags, bottles, cans or other matter of any kind, other than garbage, which is usually attendant to housekeeping.

INDUSTRIAL WASTE

All waste, including solids, semisolids, sludges and liquids, created by factories, processing plants or other manufacturing enterprises.

INSTITUTIONAL PROPERTIES

Any nontaxable (exempt) property (religious, educational, service facilities/organizations or institutional establishments) which may be residential or nonresidential at which garbage or trash may be generated.

LITTER

Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including but not limited to 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, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or building materials, but does not include the waste of primary processes of mining or other extraction processes, logging, saw milling, farming or manufacturing.

LITTER RECEPTACLE

A container suitable for the depositing of litter.

MULTIPLE-DWELLING COMPLEX

Any building or structure and land appurtenant thereto containing more than two living units, such as townhouses, condominiums and apartment houses.

NONCOMBUSTIBLE WASTE

All solid waste material which does not burn.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind; includes all individuals, partnerships, corporations, owners, tenants, lessees, occupants, associations, organizations, residing or owning, operating, managing leasing or occupying any premises or business, commercial or industrial, within the Township of Marlboro.

RECEPTACLE

A container constructed of such material and in such a manner as to hold solid waste and trash and other such items without breaking or collapsing. Receptacles shall have handles and covers and/or shall be closable so that contents therein are not exposed to the weather, animals or vermin. A disposable plastic bag shall constitute a receptacle as long as it meets the above minimum requirements. The receptacle shall be of such a design and weight as to be able to be conveniently handled by one person. No container shall exceed a weight of more than 50 pounds when loaded. Commercial garbage receptacles and fifty-gallon drums are not acceptable as containers. Receptacles which, in the opinion of the Division, are badly broken or fail to meet the requirements of this chapter may be classified as garbage.

RECYCLABLE MATERIALS

All waste materials which have the ability to be returned, through processing, to their former or alternate use. The following are examples, but are not necessarily limited to these specifically:

(1) ALUMINUM CANS Includes such beverage or food containers constructed or fabricated of aluminum or its alloys.

(2) ASEPTIC CONTAINERS/PACKAGING Includes such beverage and food containers constructed or fabricated from paper covered with wax and its products to keep light-sensitive food and beverage items from spoiling (i.e., milk and milk product containers).

(3) BATTERY(IES) Includes all types of batteries from flashlights, radios, appliances, automobiles, cameras, etc., whether rechargeable or not.

(4) BIMETAL FOOD CONTAINERS Food, beverage and pressurized (aerosol) containers which are made up of a mixture of various metals (aluminum, steel, tin).

(5) CARDBOARD/CORRUGATED PAPER Includes craft corrugated which has a brown liner made from craft paper and regular corrugated which is gray or tan and is made from other types of paper such as newspaper.

(6) CONSTRUCTION AND DEMOLITION WASTE Includes all waste materials as a result of construction and/or demolition of buildings and facilities and made up of mixed wastes such as metals, wood, cement, blacktop, macadam, plaster, glass, plastics, etc.

(7) GLASS Includes all products made from silica or sand, soda ash and lime, the product being transparent or translucent and being used as packaging and commonly known as "glass," food and beverage containers commonly known as "jars" or "bottles" in the colors of clear, brown and green.

(8) HIGH-GRADE AND MIXED PAPERS Includes computer printouts, office paper and stationary.

(9) JUNK MAIL AND MAGAZINES Includes all delivered and mailed advertisements, telephone books, magazines, glossy-surfaced periodicals and other paper products with shiny photos, colored writing and/or glossy pictures.

(10) BULKY ITEMS/WASTE Large items such as concrete, tree stumps, heavy wood items, cabinets, iron and steel. This includes but is not limited to furniture, bedding, mattresses and so on which may be constructed of several types and mixes of materials which may be rebuilt, reconstructed or segregated into reusable and/or reclaimable materials.

(11) NEWSPAPERS Includes papers of the type commonly referred to as "newsprint" and distributed at periodic intervals, usually daily or weekly. Expressly excluded, however, are all magazines or other glossy-surfaced periodicals and all other paper products, i.e., wrappings from food products.

(12) PLASTICS Includes all beverage containers which are constructed of polyethylene teraphthalate (PET) with recycling logo [1], are characterized by their clarity, toughness and barrier (ability to resist permeation of carbon dioxide); PET is primarily used for soft drink soda containers, and high density polyethylene (HDPE) with recycling logo [2] is characterized by its stiffness, low cost, ease of forming and resistance to breakage; HDPE has a variety of uses such as milk, water and juice beverage containers.

(13) TEXTILES Includes all rags, clothes, fabric and woven materials that were formerly used as clothing and/or coverings.

(14) TIN CANS Includes all food, beverage and pressurized (aerosol) containers which are constructed of tin and/or steel sides, tops and bottoms.

(15) USED NEWSPAPERS Includes paper of the type commonly referred to as "newsprint," but does not include magazines, periodicals, books and such other paper products of every nature. See also "newspapers"; these terms are interchangeable.

(16) USED TIRES Includes bias, belted and polyester of which rubber is the main material in manufacturing.

(17) VEGETATIVE WASTE Grass clippings, grass cuttings, plant residue and leaves. See also "yard waste."

(18) WASTE OIL Includes used oil drained from automobiles, motorcycles and lawn mowers, etc.

(19) YARD WASTE Includes leaves, grass clippings, plant residue, tree limbs, branches and trunks. See also "vegetative waste."

REFUSE

Garbage, whether it consists of combustible or noncombustible solid wastes. All miscellaneous materials such as rags, paper, products, leather goods, rubber, crockery or other material not defined as recyclable or white goods.

REGULATIONS

Includes such rules, schedules or times promulgated by the Director of Public Works and adopted by the Township Council to carry out the intent of this chapter.

RESIDENTIAL UNIT

A dwelling within the corporate limits of the Township of Marlboro occupied by a person or group of persons. A residential unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. Excluded are dwellings which do not have municipal pickup. Note: "Residential unit" definition shall also include all public schools, municipal offices, activities and properties, official/quasi-official municipal service activities (such as fire, first aid) located in the Township of Marlboro and those business establishments where solid waste and recyclables can be safely placed at the curb in containers, bags and bundles as may be appropriate and not exceeding five items per collection day. Activities that are determined by the Division to be included in municipal collection and require mechanically collected containers will be included upon contract renewal, when appropriate and/or funding is provided.

REUSABLE RECEPTACLE

Defined as any container which meets the definition of "receptacle" and is constructed of wood, metal, plastic or other natural or synthetic materials used for containment and placement for collection of solid waste and recyclables.

RUBBISH

All materials generated by residential units consisting of materials other than food waste items not included in the current recycling/recyclable list.

SINGLE-FAMILY RESIDENCE

Any dwelling place occupied by one family.

SOLID WASTE

All garbage, rubbish and waste matter usually disposed of and normally generated by the occupants of residential and other property, disposed of by private and/or public collection and defined as "solid waste" by the New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-3). Items classified as recyclables shall be prohibited from being placed commingled with other materials. The Township of Marlboro is licensed by solid waste permit to collect five types of waste:

(1) Type 10, municipal waste: Residential, commercial and institutional solid waste generated within a community, processed by contractors.

(2) Type 10A, municipal waste: Residential, commercial and institutional solid waste generated within a community, processed by municipal forces.

(3) Type 13, bulky waste: Large items of solid waste which because of their size or weight require handling other than normally used for municipal waste. Bulky waste includes but is not limited to such items as tree trunks, parts of auto bodies, demolition or construction material, appliances, furniture and drums.

(4) Type 23, vegetative waste: Includes but is not limited to tree limbs, branches, leaves, grass clippings, plants and flower residue, etc.

(5) Type 27, Road Waste: Includes but is not limited to road sweepings, catch basin cleanings, blacktop, cement, grinds of both, grass clippings, spill cleanings and leavings which may be considered contaminated with hazardous substances but not exceeding DEP allowed parts per measure.

STREET

Any right-of-way, avenue, boulevard, road, parkway, viaduct, drive or other way which is:

(1) An existing state, county or municipal roadway; or

(2) Shown upon a plat approved by the Planning Board or Zoning Board of Adjustment and built in accordance with Township standards, and which may be either public or private; or

(3) Shown on a plat filed with the office of the County Clerk of the County of Monmouth prior to the creation of the Planning Board or the Zoning Board of Adjustment of the Township of Marlboro; and

(4) Not dedicated, in whole or in part, as a parking area or driveway which provides access to any building or structure.

TOWNSHIP

The Township of Marlboro.

YARD WASTE

Any waste accumulations of grass, leaves or shrubbery cuttings or clippings, tree branches, tree limbs, parts of trees, bushes, shrubbery or other material usually created as refuse in case of yard maintenance. Yard waste shall be free of dirt, rocks and other bulky and noncombustible materials and shall be separated for purposes of collection into grass clippings and leaves and other materials.

§ 320-2 Disposal of solid waste.

The Division of Public Works shall forthwith transmit all solid waste collected pursuant to this chapter to lawfully licensed facilities designated by the County of Monmouth in the Monmouth County solid waste plan and/or the State of New Jersey. If permitted by said solid waste plan, and if said users and markets exist on a positive cost-benefit-ratio basis to the municipality, then the Township may elect to dispose of said solid waste or a portion thereof in an alternative manner pursuant to statute and regulation.

§ 320-3 Ownership.

The Township of Marlboro shall assume ownership of items or materials classified as solid waste and/or recyclable upon placement at curbside, subsequent collection by the Township or upon delivery to a municipal dropoff center specified herein.

§ 320-4 Appointment of solid waste officials. [1]

The Mayor shall appoint a Recycling Coordinator. The Recycling Coordinator may be selected from among Department of Community Development, Division of Public Works, management personnel to:

A. Keep records, apply for grants/aid and perform the annual/recurring applications and updating process.

B. Act as liaison with municipal boards, commissioners, Monmouth County and State of New Jersey Department of Environmental Protection (NJDEP) Solid Waste/Recycling and Clean Communities officials.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 320-5 Repealer.

All ordinances or parts of ordinances inconsistent herewith are hereby repealed insofar as such inconsistencies only. Specifically, Chapters 278, Property Maintenance, Article II, Brush and Garbage; Chapter 90, Littering and Handbills;[1] Chapter 246, Nuisances; and Chapter 248, Recycling, shall remain in full force and effect, except to the extent of any inconsistencies contained therein. Chapter 320 shall be deemed controlling in the event of any such inconsistency. Former Chapter 72 and subsequent amendments thereto by all applicable ordinances are repealed in their entirety and replaced herewith.

[1] Editor's Note: Chapter 90 of the 1981 Code of the Township of Marlboro was repealed 9-22-2005 by Ord. No. 2005-42.