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.
ASHES
BAGS
BUILDING MATERIALS
BULKY WASTE
BUNDLES
CODE ENFORCEMENT OFFICER
COMBUSTIBLE WASTE
COMMERCIAL, INDUSTRIAL AND PROFESSIONAL PROPERTIES
CONSTRUCTION DEBRIS
CONTAINER
(1)
(2)
CONTRACTOR
COORDINATOR
DEAD ANIMALS
DEPARTMENT
DIRECTOR
DIRECTOR OF PUBLIC WORKS
DIVISION
GARBAGE
HAZARDOUS WASTE
HOSPITAL/RED BAG WASTE
HOUSEHOLD TRASH
INDUSTRIAL WASTE
INSTITUTIONAL PROPERTIES
LITTER
LITTER RECEPTACLE
MULTIPLE-DWELLING COMPLEX
NONCOMBUSTIBLE WASTE
PERSON
RECEPTACLE
RECYCLABLE MATERIALS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
REFUSE
REGULATIONS
RESIDENTIAL UNIT
REUSABLE RECEPTACLE
RUBBISH
SINGLE-FAMILY RESIDENCE
SOLID WASTE
(1)
(2)
(3)
(4)
(5)
STREET
(1)
(2)
(3)
(4)
TOWNSHIP
YARD WASTE
As used herein, the following terms shall have the
meanings indicated:
[Amended 12-10-2009 by Ord. No. 2009-35]
The residual from the burning of wood, coal, coke or other
combustible materials.
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.
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.
Large items such as concrete, tree stumps, heavy wood items,
cabinets, furniture, iron and steel (many of these items included
are also recyclable).
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.
The Code Enforcement Officer for the Township of Marlboro.
Yard trimmings, rags, waste wood or cardboard and all other
combustible waste solids of a nonvolatile and nonexplosive nature.
Any retail, manufacturing, wholesale, governmental or other
nonresidential establishment.
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.
See also "receptacle." (Note: The terms are interchangeable.)
RECYCLING CONTAINERA 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.
SOLID WASTE CONTAINERA 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.
The person, corporation or partnership performing solid waste
and recycling collection through disposal services under contract.
The Recycling Coordinator appointed pursuant to § 320-4.
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.
The Township of Marlboro, Department of Community Development.
The Director of the Department of Community Development.
The Director of Public Works for the Township of Marlboro.
The Township of Marlboro, Department of Community Development,
Division of Public Works.
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).
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).
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.
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.
All waste, including solids, semisolids, sludges and liquids,
created by factories, processing plants or other manufacturing enterprises.
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.
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.
A container suitable for the depositing of litter.
Any building or structure and land appurtenant thereto containing
more than two living units, such as townhouses, condominiums and apartment
houses.
All solid waste material which does not burn.
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.
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.
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:
ALUMINUM CANSIncludes such beverage or food containers constructed or fabricated of aluminum or its alloys.
ASEPTIC CONTAINERS/PACKAGINGIncludes 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).
BATTERY(IES)Includes all types of batteries from flashlights, radios, appliances, automobiles, cameras, etc., whether rechargeable or not.
BIMETAL FOOD CONTAINERSFood, beverage and pressurized (aerosol) containers which are made up of a mixture of various metals (aluminum, steel, tin).
CARDBOARD/CORRUGATED PAPERIncludes 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.
CONSTRUCTION AND DEMOLITION WASTEIncludes 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.
GLASSIncludes 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.
HIGH-GRADE AND MIXED PAPERSIncludes computer printouts, office paper and stationary.
JUNK MAIL AND MAGAZINESIncludes all delivered and mailed advertisements, telephone books, magazines, glossy-surfaced periodicals and other paper products with shiny photos, colored writing and/or glossy pictures.
BULKY ITEMS/WASTELarge 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.
NEWSPAPERSIncludes 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.
PLASTICSIncludes 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.
TEXTILESIncludes all rags, clothes, fabric and woven materials that were formerly used as clothing and/or coverings.
TIN CANSIncludes all food, beverage and pressurized (aerosol) containers which are constructed of tin and/or steel sides, tops and bottoms.
USED NEWSPAPERSIncludes 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.
USED TIRESIncludes bias, belted and polyester of which rubber is the main material in manufacturing.
VEGETATIVE WASTEGrass clippings, grass cuttings, plant residue and leaves. See also "yard waste."
WASTE OILIncludes used oil drained from automobiles, motorcycles and lawn mowers, etc.
YARD WASTEIncludes leaves, grass clippings, plant residue, tree limbs, branches and trunks. See also "vegetative waste."
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.
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.
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.
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.
All materials generated by residential units consisting of
materials other than food waste items not included in the current
recycling/recyclable list.
Any dwelling place occupied by one family.
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:
Type 10, municipal waste: Residential, commercial
and institutional solid waste generated within a community, processed
by contractors.
Type 10A, municipal waste: Residential, commercial
and institutional solid waste generated within a community, processed
by municipal forces.
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.
Type 23, vegetative waste: Includes but is not
limited to tree limbs, branches, leaves, grass clippings, plants and
flower residue, etc.
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.
Any right-of-way, avenue, boulevard, road, parkway, viaduct,
drive or other way which is:
An existing state, county or municipal roadway;
or
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
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
Not dedicated, in whole or in part, as a parking
area or driveway which provides access to any building or structure.
The Township of Marlboro.
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.
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.
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.
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.
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.