[Adopted by Ord. No. 2002-3 (Sec. 19-10 of the 1987 Revised General Ordinances)]
The Borough of Red Bank may provide solid waste and recycling collection services from time to time as announced by the Mayor and Council.
[Amended by Ord. No. 2003-3]
As used in this article, the following terms shall have the meanings indicated:
BRUSH
Consists of tree limbs and branches.
BULKY WASTE
Consists of old furniture, junk, household articles of an unwieldy nature, containers, and other bulky waste usually disposed of by householders.
CONSTRUCTION AND DEMOLITION MATERIAL
Includes asphalt, concrete, wood waste and any other such waste materials as associated with the construction or demolition of any building, structure or any part thereof.
GARBAGE
Any animal or vegetable waste from any kitchen, market or store or other place, or any waste which, due to its animal or vegetable content, may decompose, cause odors, attract flies or other insects, or in any manner be a hazard to the public health.
INDUSTRIAL WASTE
Those materials and waste matters connected with industrial establishments within the Borough and including, but not limited to, processed scrap materials, nonrecyclable packing materials and certain hazardous and dangerous materials such as acids, paints, fluorescent tubes, nonrecyclable glass and toxic materials.
LIGHT METAL
Tin and sheet metals, used for shelving, cabinets, swing sets, storage sheds, lawn furniture and the like. It shall not include large parts from automobile engines and the like.
NONRESIDENTIAL PROPERTY
Refers to all commercial establishments, including properties that have a mixed use of commercial and residential units. For collection purposes, a property containing mixed uses or multiple commercial units shall be considered one nonresidential property.
PERSON
Includes any individual, firm, trust, partnership, association, corporation, company or organization of any kind.
REFUSE
All other material not described in the definitions in this section, except that it shall not include white metal goods, automobiles or parts thereof, debris from construction or demolition of buildings, lumber, building materials, trees or tree waste.
RESIDENTIAL PROPERTY
Refers to all dwellings, including, but not limited to, detached homes, apartments and condominiums for the accommodation of nontransient owners or tenants. A structure containing nonresidential space not exceeding 3% of the structure's total area shall be considered "residential" under this section.
SOLID WASTE
Includes all garbage and refuse normally produced by the occupants of residential and nonresidential property and disposed of by private or public pickup and defined as "solid waste" by the New Jersey Solid Waste Management Act.[1]
TRIMMINGS and CLIPPINGS
Includes vines, hedge clippings and shrub clippings.
WHITE GOODS
Consists of those appliances made of metal and which have a particular household use. Appliances shall include, but not be limited to, washing machines, dryers, ranges, freezers, sinks, cabinets, dishwashers, refrigerators, stoves and any other bulky metal goods and any other like bulky metal.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
[Amended by Ord. No. 2003-03]
A. 
Solid waste collection. Each residential unit shall receive two days per week curbside solid waste pickup of up to three trash cans as described in § 590-18A of this article.
B. 
Special collections.
(1) 
All residential properties shall be provided municipal collection services for brush, leaves, recyclables, white goods, light metals and household furniture and bulky waste according to the schedules developed and announced by the Department of Public Utilities.
(2) 
Contractors, subcontractors and the like are prohibited from placing any solid waste, brush, recyclables, household furniture, bulky waste, white goods, light metal or any other items for collection.
[Added by Ord. No. 2003-3]
A. 
Solid waste collection. Nonresidential properties will be provided solid waste pickup two days per week of up to three trash cans as described in § 590-18A of this article.
B. 
Greater level of service. Nonresidential properties which the Borough determines require a greater level of service than provided in Subsection A of this section must contract with an approved private solid waste collector for their entire solid waste collection.
C. 
Public and non-taxpaying properties. Municipal and local public entities' and agencies' buildings, fire houses, first aid squads in the Borough shall receive solid waste collection from the Borough or its agents on a schedule to be determined by the Department of Public Utilities. All non-taxpaying properties shall be considered nonresidential properties for the purposes of this section.
[Amended 3-24-2008 by Ord. No. 2008-9]
[Amended by Ord. No. 2003-03]
The following items will not be collected unless they are prepared as indicated:
A. 
Solid waste. Solid waste shall be thoroughly and completely drained of all liquids and shall only be placed in receptacles as described in § 590-18 of this article. Items will not be collected unless they are placed in the appropriate receptacles. Solid waste shall not be mixed with brush, recyclables and trash of any matter not specifically permitted.
B. 
Brush. Tree limbs and branches shall be placed loose at curbline, with no piece to exceed four feet in length, in piles not to exceed three feet in height and extending more than two feet from the curbline into the roadway and not to exceed two cubic yards. Tree parts must be smaller than three inches in diameter to be accepted for collection. No other debris or solid waste shall be mixed in with the brush. Brush will only be accepted on the dates and times determined by the Department of Public Utilities.
C. 
Leaves. The Department of Public Utilities shall establish a leaf collection schedule. Only at these times may leaves be placed in neat piles at the curb for collection, provided that the piles do not constitute a traffic or safety hazard. Properties in areas designated by the Department of Public Utilities as having potential for traffic or safety hazards shall be permitted to bag the leaves for collection in biodegradable bags. No other twigs, brush, debris or solid waste shall be mixed in with leaves.
D. 
Leaf drop for nonresidential properties. All persons, including landscapers and gardeners, are prohibited from placing leaves collected from nonresidential properties at curbside or public way for collection. Leaves collected from nonresidential properties located within the Borough may be delivered by representatives of the property owner, including landscapers and gardeners, to the Borough's compost facility. Prior approval must be obtained from the Department of Public Utilities, which approval will involve proof of generation of the leaves solely from property located within the Borough.
E. 
Grass. Grass clippings will not be collected. Grass clippings shall at no time be placed loose or in containers at the curb. The Borough promotes a "cut it and leave it" program.
F. 
Household furniture and bulky waste.
[Amended 11-23-2015 by Ord. No. 2015-28]
(1) 
Household furniture and bulky waste for residential premises shall be placed at curbside adjacent to the residential premises on pickup dates designated by the Department of Public Utilities.
(2) 
Furniture and bulky waste collection shall only be provided on the second collection day of the collection week for the residence.
(3) 
No furniture or bulky waste shall be accepted from nonresidential properties, including mixed-use properties.
(4) 
For each household furniture or bulky waste collection date, no residence shall place more than two pieces of furniture/bulky waste at curbside for collection, and in no case shall any single item of furniture or bulky waste exceed 120 pounds in weight, nor shall the total aggregate weight exceed 240 pounds.
(5) 
Any residential premises having more than one dwelling unit shall be limited to placing no more than four items of furniture/bulky waste at curbside collection per pickup day in the manner described herein.
(6) 
All mattresses and box springs for bulk collection must be wrapped in plastic or placed in disposable plastic bags. Plastic wrapping or plastic bags must be sufficient to cover all exposed areas of the mattress and box spring. If this requirement is not complied with, these items will not be picked up and the homeowner shall remove them from the curbside until the items comply with this subsection.
(7) 
No such items to be collected shall be placed on the curb before 6:00 p.m. of any day prior to the collection day.
G. 
White goods and light metal. White goods and light metal will only be accepted for collection on dates and times determined by the Department of Public Utilities. For all appliances which contain freon, including but not limited to refrigerators, freezers, air conditioners, and dehumidifiers, there may be a processing charge payable in advance of collection to cover costs associated with the removal of the freon. Such charge, if any, shall be established from time to time by resolution of the governing body.
H. 
Prohibited materials. The following items are prohibited from being placed for collection:
(1) 
Construction materials, including but not limited to bulk roof shingles, dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard, sheetrock, etc.
(2) 
Ashes, dirt, earth, stone, blacktop, concrete, concrete block and macadam.
(3) 
Industrial waste, including but not limited to processed scrap materials, packing materials and certain hazardous materials, such as acids, paints, fluorescent tubes, bulk amounts of glass, toxic materials and highly volatile or explosive matter, either in liquid, gaseous, or solid form.
(4) 
Automotive parts, including but not limited to transmissions, engines, rear ends, wheels, tires, mufflers, and other items normally produced in the maintenance and repair of vehicular equipment.
(5) 
Dead animals shall be disposed of in accordance with the law.
(6) 
Surgical dressings, syringes and disposable hospital-type items. These items are to be disposed of pursuant to law and regulations, including, but not limited to, the laws and regulations of the Borough of Red Bank Department of Health and the Monmouth County Department of Health.
(7) 
New and used motor oil shall be disposed of in accordance with law. In accordance with state regulations, all service stations, all oil retailers and motor vehicle reinspection stations with "used oil holding tanks" shall accept up to five gallons at a time of used motor oil from individuals changing oil from personal motor vehicles, lawn mowers or motorcycles and shall post a sign informing the public that they are a used oil collection site. A fee schedule should be posted by the recipient if fees are charged for this service.
(8) 
Hazardous waste classified pursuant to regulations issued by the New Jersey Department of Environmental Protection, adopted under authority of N.J.S.A. 13:1D-9 and 13:1E-6, as amended. Residents can arrange for hazardous waste disposal by contacting the Monmouth County Household Waste Facility.
(9) 
Liquid waste.
[Amended by Ord. No. 2003-3]
A. 
Receptacles or trash cans. Each residential and nonresidential unit (except as provided in § 590-16B of this article) shall be entitled to use up to three thirty-two-gallon/fifty-pound trash cans for each collection. Plastic bags may be used if placed inside the receptacles. No other type of receptacle will be collected. Each receptacle shall be nonporous metal or plastic with a tight-fitting cover so constructed as to prevent spilling or leakage of contents. Each receptacle shall have handles and be verminproof and shall be disinfected on a regular basis. No receptacle loaded for collection shall weigh more than 50 pounds. All trash cans shall be clearly and legibly marked on the side of the container setting forth the specific street address and, if applicable, the apartment number of the property.
B. 
Dumpsters. Sufficient facilities must be provided in, on and at nonresidential properties for the storage of solid waste produced or generated from the property. Dumpsters at apartment complexes or residential condominiums to be collected by the Borough shall not exceed three cubic yards in size. Dumpsters shall be purchased, procured or provided by the property owner and his agents, lessees, tenants or other occupants at their own cost. Dumpsters shall meet and conform to all health laws and the requirements of the Department of Public Utilities. Existing approved solid waste collection sites legally utilizing a dumpster may remain in place for private collection or public (provided the quantities of solid waste do not exceed the quantities for the property as authorized by this ordinance) collection. Any new or proposed relocated solid waste collection sites shall be submitted for authorization and approval to the Administrative Officer of the Planning Board for review and appropriate action. The Administrative Officer of the Planning Board shall, in addition to her usual distribution, submit a copy of this application to the Health Officer, Construction Official and Director of Public Utilities for review, report and recommendation.
C. 
Defective receptacles. Receptacles that are badly broken or otherwise fail to meet the requirements set forth herein need not be collected, provided that written notice has been given to the responsible party by placing a notice, such as a sticker, on the defective receptacle. After 10 days' written notice has been given to the responsible party pertaining to defective or illegal waste containers, such containers may be collected as refuse by the Borough or its authorized agent(s).
D. 
Placement of materials for collection. The owner, lessee, tenant or other occupant of any building shall, on the scheduled days for collection, place in approved receptacles all solid waste originally generated at said premises at, or as near as possible to, the curb and not in any gutter, road or on any walk, sidewalk or public thoroughfare.
E. 
Storage and placement of receptacles. No receptacles or other items to be collected shall be placed on the curb before 6:00 p.m. of any day prior to the collection day. No person shall allow or permit empty receptacles or containers to remain on the curb or any part of the street or sidewalk after 7:00 p.m. on the day of collection. Receptacles shall be stored or kept in such place or places so as not to become a nuisance to the occupants of any dwelling or other property. Placing refuse, debris or other objects for pickup at the curb at times other than on regular collection days is prohibited.
F. 
Placement of brush. Branches three inches or less in diameter shall be set at the curb for collection only on dates determined by the Department of Public Utilities. These items will not be collected on normal solid waste collection days.
G. 
Public litter containers. No person shall deposit any solid waste or other debris generated from their commercial or residential properties in any public litter container placed upon the streets of the Borough for use by the public to prevent littering of streets. The use of these public litter containers is limited to disposal of small refuse by pedestrians such as candy wrappers and the like. The use of these public litter containers for any other waste is prohibited.
H. 
Illegal dumping. No person shall deposit, dump or place any solid waste on any property situated in the Borough.
I. 
Origin of solid waste and refuse. No owner, lessee, tenant or other occupant or user of any building, private dwelling, apartment house, restaurant, motel, store, school, public building or business of any kind shall permit any solid waste or other refuse not originally generated at said premises to be placed at said premises for collection. No person shall transport any solid waste or other refuse from its point of original generation to a premises within the Borough of Red Bank for the purpose of disposal. No waste shall be placed for collection which was not generated from the premises of collection.
J. 
Solid waste collector permits. Every solid waste collector shall conform to the provisions of this section and all other applicable laws and regulations, including, but not limited to, the laws and regulations of the New Jersey Public Utilities Commission and the Monmouth County Solid Waste Management Plan governing the collection and disposal of solid waste. Only legally qualified collectors may be retained for service within the Borough of Red Bank. A written permit must be obtained by the solid waste collector from the Borough of Red Bank Department of Public Utilities prior to services being provided to any premises in the Borough.
Every private collector of solid waste, recyclables and waste materials and every collector authorized by the Borough to collect such items shall do so in vehicles approved for use by legally qualified waste haulers in accordance with N.J.A.C. 7:26-3.1 et seq. Said vehicles are to be kept clean and safe. No person shall drive or move any truck or other vehicle within the Borough unless such vehicle is so constructed, loaded and covered so as to prevent any solid waste load or contents from being blown or deposited upon any street, alley or public or private place in the Borough.
In accordance with the Monmouth County Solid Waste Management Plan and as a prerequisite for the issuance of a building or demolition permit, the Construction Code Official shall require that all applicants identify the disposal and recycling arrangements made pertaining to waste generated during the building or demolition project. Upon completion of the building or demolition project, the applicant shall provide appropriate records documenting the quantity of each different material which was disposed, the manner of disposal, and the facility to which it was delivered and such additional information the Borough may reasonably request. A certificate of occupancy shall not be granted until said documentation is received and reviewed by the Borough.
A. 
Permits may be revoked or denied. Any permit granted pursuant to this article may be revoked for violations herein and following any conviction and any future permits may be denied.
B. 
Hearing. Grievances may be filed in writing with the Borough Clerk within 10 days of such permit denial or revocation, and a hearing shall be held by the Mayor and Council, or the designee of the Mayor and Council, within 30 days thereafter wherein the decision of denial or revocation shall be affirmed, modified or reversed.
A. 
Powers of the Director of Public Utilities. The Director of Public Utilities is authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of solid waste and recyclables in accordance with the terms of this article and subject to the approval of the Mayor and Council.
B. 
Enforcement. The following offices or departments in the Borough of Red Bank are hereby granted the authority to enforce the provisions of this article: Department of Public Utilities, Health Department, Code Enforcement Office, Construction and Building Department, Fire Marshal's Office and the Police Department, including parking enforcement officers.
C. 
Violations and penalties. Any person, including but not limited to owners, lessees, tenants, occupants, landscapers, gardeners and private garbage collectors, who violates or neglects to comply with any provisions of this article or any rule or regulation promulgated pursuant thereto, shall be punishable upon conviction thereof, as provided in Chapter 1, General Provisions, Article II, General Penalty. Each incident and each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).