City of Englewood, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Englewood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 129,
Fee for rear yard pickup — See Ch. 191, § 191-6.
Scavenger vehicles fee — See Ch. 191, § 191-6.
Hazardous materials cleanup — See Ch. 241.
Littering — See Ch. 266.
Property maintenance — See Ch. 317.
Improper disposal of waste — See Ch. 367, Art. II.
[Adopted 4-7-1992 by Ord. No. 92-11]

§ 364-1 Regulations established.

The following regulations governing the collection, removal and disposal of solid waste and recycling in the City are hereby established.

§ 364-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ASHES
The residue of the combustion of any type of solid fuel such as wood, coal, coke, charcoal, or like substances.
COMMERCIAL CATERER
Any individual, partnership, company or corporation which engages in the business of providing or delivering prepared foods, and setups therefor, including tablecloths, napkins, plates, glasses, utensils, centerpieces, etc., at a place within the City of Englewood other than their regular place of business designed to accommodate 20 or more persons.
CONSTRUCTION/DEMOLITION DEBRIS
Components resulting from the construction and/or demolition of a building or structure, including brick, cement, asphalt roofing, scrap metals, window glass, wood, tree stumps, logs, branches and other like materials.
GARBAGE
All waste, animal, fish, fowl, fruit or vegetable matter resulting from the use and storage of food for human consumption and including spoiled food, and food containers made of tin, glass, or other materials.
NEWSPRINT
Discarded newspapers.
RECYCLABLE MATERIAL
Newspaper, glass beverage containers, aluminum cans, ferrous scrap, leaves, white goods, tin cans, grass, construction and demolition debris (concrete, brick, tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard, where practical), corrugated cardboard, mixed paper, Types 1 and 2 plastic containers, automobile batteries, waste motor oil, high-grade office paper.
[Amended 5-19-1992 by Ord. No. 92-15; 6-23-2009 by Ord. No. 09-12]
RUBBISH
Household or commercial refuse material such as paper, rags, excelsior, straw, leather, rubber, cartons, boxes, sweepings from buildings, cans (other than food containers), bottles, glassware, earthenware, glass, leaves, hedge and tree trimmings, and like materials.
SCAVENGER
A person engaged in the collection, removal and disposal of ashes, garbage, refuse and waste matter.
SOURCE SEPARATION
The collection, disposal and storage of recyclable materials in such a manner so as to be kept separate and apart from other garbage, rubbish and ashes for the purpose of aiding in the recycling of such recyclable materials.
WHITE METAL
Major appliances such as hot water heaters, stoves, refrigerators, dishwashers and similar items of ferrous scrap.

§ 364-3 Storage and separation of waste and recyclables.

A. 
All garbage and ashes shall be drained free of water and stored in watertight covered cans or like containers made of galvanized steel or other metal or suitable containers made of other materials which will not rust easily, equipped with proper facilities for handling and which can be readily cleaned. Except for containers designed for pickup and disposal by private scavengers, no can or container shall exceed more than 50 pounds when full, nor be filled higher than three inches below the top. Garbage shall not be stored in paper or plastic bags unless placed in a suitable container as specified above.
B. 
Rubbish shall be stored in appropriate containers, preferably metal. Except for containers designed for pickup and disposal by private scavengers, no can or container shall weigh more than 50 pounds when full. Containers shall be securely bound, free from handling hazards, and of such quality as to prevent collapsing and the littering of streets and sidewalks. Empty cartons, boxes, barrels, and crates shall be collapsed and securely tied in bundles weighing not more than 50 pounds.
C. 
No person shall litter, sweep, shake, throw, cast or lay, or direct, suffer or permit any duly authorized agent under his control to litter, sweep, shake, throw, cast or lay, or direct any ashes, garbage, paper, dust, rubbish, or other refuse onto any public or private street, sidewalk, lot, place, airshaft, driveway, areaway, yard, court, catch basin or drain.
D. 
No household, commercial or industrial rubbish or garbage shall be placed in litter baskets provided by the City for the use of passing pedestrians.
E. 
In the event recycling of paper, metals or other material is required by law, upon the effective date of such law, each such material shall be stored separate and apart from the other garbage, ashes or rubbish so as to be readily able to be collected separately.
F. 
Newsprint shall be separate from other refuse for special collection. Newsprint shall be securely tied into bundles not to exceed 30 pounds. The bundles shall be tied with rope or twine which will not break when the bundle is picked up.
G. 
No human wastes shall be disposed of by placing such wastes in garbage containers. Human waste shall be disposed of in the sanitary sewer system, and all articles soiled with such waste, including but not limited to diapers, shall be rinsed prior to their disposal. The effluent from the rinsing shall also be disposed of in the sanitary sewer system.

§ 364-4 Location of containers.

[Amended 2-21-2012 by Ord. No. 12-01]
A. 
With respect to residential premises, containers for garbage and rubbish shall be placed in a convenient location where the containers can be reached by City personnel without undue effort or hazard and shall conform to the following requirements:
(1) 
Collections of residential garbage and rubbish shall be made at the curb between the sidewalk area and the curb in front of each building in accordance with the provisions of § 364-5; however, where there is no sidewalk the collection shall be made on the residential property in close proximity to the roadway.
(2) 
Collections of residential recycling materials shall be made at the curb between the sidewalk area and the curb in front of each building in accordance with the provisions of § 364-5.
(3) 
Except as otherwise provided, all required recyclable materials placed at curbside become the property of the City, and it shall be unlawful for any other person or persons to pick up newsprint and other required recyclable materials from the curbside.
B. 
Collection of commercial and industrial garbage and rubbish shall be made at the rear of the business establishment wherever possible, and, if not possible, shall be made at the curb in front of the establishment only in accordance with the provisions of § 364-5.
C. 
Refuse or other trash shall not be placed in the street or roadway, nor shall any refuse, garbage, or other discarded object or collection container be placed upon the sidewalk so as to obstruct or interfere with pedestrian passage while such waste is awaiting collection.
D. 
In the event heavy snow or ice conditions make the collection inaccessible to City personnel, except by undue effort or hazard, it shall be the obligation and responsibility of the property owner, lessee, tenant, occupant, or other person having charge of any lot or building, or part thereof, to make or cause to be made a path to and from the said container of items to be disposed of by City personnel.

§ 364-5 Collection practices; responsibilities of various entities.

A. 
Collections of residential garbage shall be made by the Department of Public Works in accordance with a schedule and regulations established by the Council.
B. 
Collections of residential household rubbish and ashes, including tree trimmings, grass, brush and recyclable materials, shall be collected by the Department of Public Works in accordance with a schedule and regulations as determined by the Director of Public Works and approved by the Council. Such material shall not be placed at the area, as described in § 364-4 above, prior to 5:00 p.m. on the day next preceding the scheduled day of collection or after 7:00 a.m. of the scheduled day of collection. If for any reason such material is not collected by 7:00 p.m. on the scheduled date of collection, such material shall be removed from the curb. Grass clippings, hedge trimmings, recyclable materials, etc., shall be placed in boxes or other suitable temporary or permanent containers and placed together with other items of refuse which would not normally fit into such containers at the curb between the sidewalk area and the curb in front of the property in such a manner as to avoid interference with vehicular and pedestrian traffic and a normal flow of drainage water along the street or roadway. Brush and tree trimmings shall be cut into four-foot lengths, tied and placed in an orderly manner at the curb as heretofore described. No more than 12 bundles/containers shall be placed at the curb for pickup. Special pickups of more than 12 bundles/containers shall be provided by the City at the request of the property owner only upon the termination of commencement of the occupancy by the property owner at such property. In no case shall such items be placed at the curb or on a street or roadway for collection but shall be held on the property concerned until the special pickup is arranged.
C. 
At their own expense, commercial landscape companies, tree surgeons, arborists or tree contractors, gardeners, landscapers and horticulturists shall be required to remove trimmings, brush, trees, grass clippings, and such other materials from the premises on which they work to an approved dumping area, approved by the City but not necessarily within its corporation limits. All individuals, companies and/or corporations wishing to conduct landscaping, gardening and other related activities in the City shall be required to register annually with the Director of Public Works of the City. Upon registration a sticker will be issued for display on vehicles used by such contractors. A violation of this chapter shall be grounds for revocation of such registration, and upon such revocation, the registered party shall not conduct any further activities in the City.
D. 
The removal of debris and other building materials resulting from construction of new buildings, alterations of existing buildings or debris resulting from fire, windstorm or flood shall be the responsibility of the homeowner, contractor or individual performing the work.
E. 
Collections of garbage, rubbish and ashes from commercial and industrial buildings, restaurants, nonpublic schools, hospitals and other premises for which municipal collection is not provided shall be collected on a private basis. Ashes, garbage and rubbish shall not be stored at the curb awaiting collection except between the hours of 5:00 p.m. and 8:00 p.m. and the hours of 6:00 a.m. to 9:00 a.m. on the days of collection. If for any reason such material is not collected within said time periods, such material shall be removed from the curb.
F. 
Commercial retail companies shall be required, at their own expense, to remove any items taken in as an exchange or trade resulting from the sale of items to consumers, such as refrigerators, stoves, washing machines, bathroom fixtures, and such other appliances and materials from their premises to a dumping area approved by the City, which area need not be within the City limits.
G. 
Residential property owners shall be advised by the City as to the collection schedule for newsprint and other recyclable materials. Newsprint and other recyclable materials shall not be placed at curbside prior to 5:00 p.m. on the date preceding collection. Newsprint shall be tied in bundles with cord or string, with each such bundle not weighing in excess of 30 pounds or being higher than 12 inches.
H. 
Charitable and community service organizations desiring to sponsor fund-raising drives shall have the right to pick up newsprint and other recyclable materials from the curbside, provided that they comply with the terms of a permit which shall be issued by the City Manager upon timely application. As determined by the City Manager, the permit shall specify the dates, hours, and geographical locations of pickup. Newsprint and other recyclable materials intended for charitable collection shall not be placed at curbside prior to 5:00 p.m. on the day preceding collection.
I. 
Commercial caterers shall be required, at their own expense, to remove and dispose of any garbage or rubbish created or generated as a result of any catering activity within the City of Englewood. Before conducting any such catering activity, the caterer shall be required to register annually with the Department of Public Works of the City. No catering activity shall be permitted within the City of Englewood unless the commercial caterer registers with the City of Englewood. Any church, synagogue, charitable or community service organization which receives municipal sanitation services shall notify the Director of Public Works of the City prior to conducting any event or activity utilizing the services of a commercial caterer.

§ 364-6 Vehicle requirements.

No garbage shall be transported through any public street or highway in the City except in vehicles so covered, constructed and maintained as to prevent leakage, attracting of flies and the scattering of contents or dust, and the body of the truck shall be properly constructed and covered so as to prevent such leakage or loss of materials during transit.

§ 364-7 Collection hours restrictions.

No collection shall be made in the City on Sundays or between 6:00 p.m. and 7:00 a.m. on weekdays in the residential section of the City.

§ 364-8 Delivery of waste to disposal areas; waste from outside City prohibited.

A. 
Residential rubbish and garbage collection from within the City of Englewood shall be delivered to an approved City disposal area, not necessarily within the corporate limits of the City, and shall be accepted at such area only when delivered by a person or firm authorized to use such disposal area by the Director of Public Works. The City reserves the right to reject material delivered to the disposal area that does not comply with these regulations.
B. 
Private scavengers, contractors, gardeners, landscapers or other persons or firms engaged in the required collection and disposal of garbage, ashes and rubbish shall not dispose of garbage, ashes or rubbish at any facility operated by the City or upon any private property, public street, public place or other location within the City of Englewood except at such locations or facilities as may be approved or designated by law for the disposal of solid waste.
C. 
Clean dirt, stones and ashes may be hauled to and disposed of in fill areas designated by the Director of Public Works.
D. 
Except as provided in Subsection B above, no person shall place or deposit within the City of Englewood any rubbish, garbage or ashes collected outside the City of Englewood.

§ 364-9 Board of Health requirements not affected.

Nothing herein contained shall be construed to affect, alter, change or modify any rules, regulations, or ordinances of the Board of Health of the City.

§ 364-10 Mandatory source separation for recyclable materials.

A. 
The Director of the Department of Public Works, or his designee, is hereby designated as the Recycling Coordinator for the City of Englewood.
B. 
All generators of solid waste within the City of Englewood shall provide for source separation of recyclable materials.
C. 
Glass and aluminum cans, bottles or containers shall be rinsed clean and placed in plastic bags, boxes or other appropriate containers in accordance with the requirements set forth in § 364-5 hereof.
D. 
Premises receiving municipal sanitation services shall place recyclable materials at the curb for collection in accordance with the provisions of §§ 364-3 and 364-5 hereof.
E. 
With respect to residential premises containing four units or more, the owner of such premises shall provide appropriate containers for the receipt of recyclable materials for the use of the occupants thereof in such locations as shall be approved by the Director of the Department of Public Works.
F. 
With respect to industrial and commercial establishments and other premises not receiving municipal sanitation services, suitable containers shall be provided for the collection of recyclable materials for private collection in accordance with the provisions of § 364-5 hereof. In addition any person contracting for such private collection shall furnish to the City of Englewood the owner's name, address and telephone number, the name, address and telephone number of the private scavenger whom such person has a contract to collect recyclables, the location at which such recyclables are collected and a description of such recyclables. Such information shall be furnished to the Recycling Coordinator of the City of Englewood annually during the month of January. In the event there is a change in private scavengers within the calendar year, the person contracting with such private scavenger shall notify the City of Englewood of the change within 30 days after such change.
G. 
Leaves shall be kept separate and apart from other solid waste and, unless stored and recycled for composting or mulching by the generator, shall not be disposed of except in a licensed leaf composting facility, vegetative waste composting facility or recycling center. During the dates specified by the City of Englewood for leaf pickup, leaves shall be raked or deposited at the curb in such a manner as not to interfere with the passage of vehicular or pedestrian traffic or in such a manner as not to unreasonably interfere with stormwater drainage. In lieu thereof, and at all other times, leaves shall be placed in biodegradable paper bags and left at the curb in accordance with the provisions of § 364-5 hereof. No person shall place leaves in plastic bags or dispose of leaves as solid waste or commingled with solid waste.[1]
[1]
Editor's Note: See Ch. 129, Art. II, Yard Waste.
H. 
Any scavenger performing private collection of recyclable materials within the City of Englewood shall comply with the following requirements:
(1) 
Any scavenger performing private collection of recyclable materials with the City of Englewood shall register annually with the Recycling Coordinator. At the time of registration such scavenger shall furnish the Recycling Coordinator with the following information:
(a) 
Name of the scavenger.
(b) 
Place of business.
(c) 
Telephone number.
(d) 
Name and address of any person holding a ten-percent or greater interest in the scavenger's business or any officer of such business.
(2) 
Each such scavenger shall complete and furnish to the Recycling Coordinator a monthly statement of recyclable materials collected within the City of Englewood which contains:
(a) 
A list of properties within the City of Englewood from which recyclable materials are collected.
(b) 
An estimate of the quantity of such recyclable materials collected from within the City of Englewood.
(c) 
The name and location where such recyclable materials are deposited after collection.
(d) 
Such other information as may reasonably be required by the Recycling Coordinator.
(3) 
No person shall collect any recyclable materials within the City of Englewood unless such person has registered with the Recycling Coordinator in accordance with the provisions hereof.
I. 
Construction/demolition debris generated within the City of Englewood shall be source separated and recycled in accordance with the following requirements:
(1) 
This subsection shall be applicable to all persons other than the owner or occupant of a single-family residential building, unit or structure performing construction or demolition work on such building, unit or structure owned or occupied by such person, provided that the total quantity of construction/demolition debris generated by such owned or occupant does not exceed three cubic yards.
(2) 
Within five days after completion of construction or demolition or within five days after the removal of any container of construction/demolition debris having a capacity of three cubic yards or more, the person to whom the construction/demolition permit was issued or who was required to have applied therefor shall furnish to the Recycling Coordinator a statement setting forth the information required pursuant to Subsection H above.
(3) 
In addition to the penalty established pursuant to § 364-11 hereof, the failure to comply with the requirements of this subsection may result in a revocation of the construction/demolition permit or the denial of a certificate of occupancy.
J. 
Notwithstanding any other provision herein to the contrary, the removal and recycling of white metal within the City of Englewood shall be the responsibility of the person generating such white metal and shall not be included as part of municipal sanitation services. Persons intending to dispose of white metal shall notify the Recycling Coordinator of such intent and shall furnish the person's name, address and telephone number, the name, address and telephone number of the private scavenger or other person with whom arrangements have been made to remove and recycle such white metal, a description of the white metal to be recycled and the date and location from which such white metal is to be collected. The private scavenger or other such person with whom arrangements have been made to collect and recycle such white metal shall comply with the provisions of § 364-10H hereof and shall furnish to the Recycling Coordinator a statement setting forth the information required pursuant to Subsection H hereof.
K. 
Grass clippings shall be kept separate and apart from other solid waste and, unless stored or recycled for composting or mulching by the generator, shall not be disposed of except in a licensed grass composting facility, vegetative waste composting facility or recycling center. No person shall place grass clippings in plastic bags or dispose of grass clippings as solid waste or commingled with other solid waste. Grass clippings shall be placed in either biodegradable paper bags or in an appropriate container, weighing no more than 50 pounds when full, which is capable of being lifted and the contents thereof dumped into a collection vehicle.
[Added 5-19-1992 by Ord. No. 92-15]

§ 364-11 Violations and penalties.

A. 
Except where another penalty is specifically imposed hereunder, any person violating any provision of this article or any regulation adopted by the Council pursuant thereto shall, upon conviction, be subject to the following penalties:
(1) 
For the first offense: a fine of $25.
(2) 
For the second offense: a fine of not less than $50 nor more than $100.
(3) 
For the third offense: a fine of not less than $100 nor more than $200.
(4) 
For the fourth or more offense: a fine of not less than $100 nor more than $500.
B. 
Any person violating the provisions of § 364-8, 364-10H, or 364-10I shall, upon conviction, be subject to a minimum penalty which shall consist of a fine in an amount of not less than $2,500 or a maximum penalty which shall consist of a fine not exceeding $10,000 and shall be subject to imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days.
[Amended 3-14-2006 by Ord. No. 06-04]

§ 364-12 Enforcement.

The Director of Public Works of the City and such employees of the Department of Public Works as may be designated by the Director, by the City Manager or by the Council shall, together with the Police Department, enforce provisions of this chapter, and for this purpose the Director of the Department of Public Works and such employees of the Department of Public Works as are so designated shall be authorized to serve warnings, summonses and complaints with respect to a violation of this chapter. In no event shall more than two warnings be served prior to the issuance of a summons or complaint.

§ 364-13 Collection of removal costs.

In all cases where garbage, ashes or rubbish are disposed of in violation of § 364-8 hereof and are removed by the City of Englewood, the public officer in charge of such removal shall certify the cost of such removal and disposal to the City Manager. The City may take such action, as may be provided by law, for the recovery of such costs from the responsible person. Such violation shall also be filed with the Board of Public Utilities and the New Jersey Department of Environmental Protection with respect to all persons licensed therewith or issued franchises therefrom.
[Adopted 3-20-2012 by Ord. No. 12-09]

§ 364-14 Purpose.

This article requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the City of Englewood and/or the waters of the state so as to protect public health, safety and welfare, and prescribe penalties for the failure to comply.

§ 364-15 Definitions; word usage.

For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned or operated by the City of Englewood or other public body and designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls, whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

§ 364-16 Covering of containers; prevention of leaks and discharges.

A. 
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
B. 
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the City of Englewood.

§ 364-17 Exceptions.

Exceptions are as follows:
A. 
Permitted temporary demolition containers.
B. 
Litter receptacles (other than dumpsters or other bulk containers).
C. 
Individual homeowner trash and recycling containers.
D. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
E. 
Large bulky items (e.g., furniture, bound carpet and padding, and white goods) placed curbside for pickup.

§ 364-18 Enforcement.

This article shall be enforced by the Property Maintenance Division of the Building Department of the City of Englewood.

§ 364-19 Violations and penalties.

Any person who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $300 per day for the violation.