Township of East Brunswick, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of East Brunswick as Ch. XXI of the Revised General Ordinances;[1] amended in its entirety 10-25-93 by Ord. No. 93-59. Subsequent amendments noted where applicable.]
[1]
Editor's Note: Chapter XXI was derived from an ordinance adopted by the Board of Health which was abolished when the Township changed its form of government pursuant to N.J.S.A. 40:69A-1 et seq., Mayor-Council Plan E. Said ordinance was amended and supplemented by an ordinance adopted 8-10-64; Ordinance No. 66-51, adopted 5-23-66; Ordinance No. 66-52, adopted 5-23-66.
[Amended 7-25-05 by Ord. No. 05-16; 11-19-07 by Ord. No. 07-25; 07-20-09 by Ord. No. 09-17; 3-27-17 by Ord. No. 17-14; 12-10-18 by Ord. No. 18-43]
A. 
For the purpose of this chapter, the following terms shall have the meanings given hereafter. The word "shall" is always mandatory and not merely discretionary.
B. 
As used herein, the following terms shall have the meanings indicated:
AERIAL LUMINARY LANTERN
Any device designed to be airborne upon release into the environment, regardless of fuel source, including sky lanterns.
[Added 10-14-2019 by Ord. No. 19-27]
ASHES
The residual from the burning of wood, coal, coke or other combustible materials.
ASSISTANT DIRECTOR OF PUBLIC WORKS
The Assistant Director of Parks and Public Works for the Township of East Brunswick.
[Amended 11-19-07 by Ord. No. 07-25]
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.
BALLOON
A bag made of thin rubber or other light material inflated with air or with some lighter-than-air gas.
[Added 10-14-2019 by Ord. No. 19-27]
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, iron and steel.
BUNDLES
Normally loose items shall be collected if organized into bundles of not more than four feet in length and tied with heavy twine. Bundles shall be organized as to be conveniently handled by one person. No bundle shall exceed 50 pounds in weight.
BUSINESS, COMMERCIAL, INDUSTRIAL, INSTITUTIONAL AND PROFESSIONAL PROPERTIES
Any retail, manufacturing, wholesale, governmental, educational or other nonresidential establishment, location or premises.
BUSINESS TRASH
Any waste accumulation of dirt, dust, food, paper, cardboard, excelsior, rags or other accumulations other than household trash, which is usually attendant to the operation of stores, offices or similar businesses.
CHIEF OF POLICE
The Chief of Police of the Township of East Brunswick or their designee.
[Added 3-27-17 by Ord. No. 17-14]
CHLOROFLUOROCARBON (CFC)
Also known as hydrochlorofluorocarbon (HCFC) and registered as Freon A family of chemical substances used as solvents, accelerants, blowing or refrigerant agent used in cooling appliances, refrigerators and air conditioners. CFC/HCFC's are not allowed to leak into the air or atmosphere but are required to be contained, cleansed and recycled as of July 1, 1992 under Federal Regulations and N.J.A.C. 7:26A Subchapter 5; because CFC/HCFC's are widely believed to be associated with depletion of Earth's ozone layer. Therefore, before any of the appliances utilizing CFC/HCFC can be recycled as white goods the refrigerant shall be removed or its removal has to be attested to by appropriate certification.
COMBUSTIBLE WASTE
Yard trimmings, rags, waste wood or cardboard and all other combustible waste solids of a nonvolatile and nonexplosive nature.
CONSTRUCTION DEBRIS
Waste building materials 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 and please note terms are interchangeable.
A. 
A capacity of greater than five (5) gallons but not more than thirty-two (32) gallons, molded plastic, bright yellow colored container with East Brunswick 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 combination of metals and alloys.
[Amended 12-10-18 by Ord. No. 18-43]
B. 
A receptacle with capacity of greater than 20 gallons but less than 35 gallons 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 the Container shall have a diameter greater than or equal to that of the base. The weight of the Container including its contents shall not exceed fifty (50) pounds.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
[Added 7-25-05 by Ord. No. 05-16]
CONTRACTOR
The person, corporation, or partnership performing solid waste and recycling collection through disposal services under contract.
COORDINATOR
The Solid Waste, Recycling and Clean Community Coordinator for the Township of East Brunswick.
DEAD ANIMALS
Animals or portions thereof that have expired from any cause, except deer which shall be removed by Township personnel.
DEPARTMENT
Shall mean the Township of East Brunswick, Department of Public Works.
[Amended 7-25-05 by Ord. No. 05-16; 12-10-18 by Ord. No. 18-43]
DIRECTOR OF FINANCE
The Director of Finance for the Township of East Brunswick.
DIRECTOR OF PUBLIC WORKS
The Director of Public Works for the Township of East Brunswick.
[Amended 7-25-05 by Ord. No. 05-16; 12-10-18 by Ord. No. 18-43]
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 pose 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 Department of Environmental Protection and Energy (NJDEP).
[Amended 11-19-07 by Ord. No. 07-25]
HOSPITAL/RED BAG WASTE
Including but 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, and N.J.S.A. 2A:170-25.17.
[Amended 11-19-07 by Ord. No. 07-25]
HOUSEHOLD TRASH
Every 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.
INSTITUTIONAL PROPERTIES
Any non-taxable (exempt) property whether they be religious, educational, or service organizations (i.e. VFW, VA etc.)
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 construction material but does not include the waste of primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing (Section 6d; all citations are from P.L. 1986, c. 187. - See N.J.S.A. 13:1E-94d. Chapter 187 of the laws of 1986 amended various sections of the Clean Communities and Recycling Act, N.J.S.A. 13:1E-92 et seq.).
MULTIPLE-DWELLING UNIT
Any building or structure and land appurtenant thereto containing two (2) or more living units.
MULTIPLE-DWELLING COMPLEX
Any building or structure and land appurtenant thereto containing more than two (2) living units, such as townhouses, condominiums, and apartment houses.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of East Brunswick or other public body, and is designed and used for collecting and conveying stormwater.
[Added 07-20-09 by Ord. No. 09-17]
NONCOMBUSTIBLE WASTE
All solid waste material which does not burn.
OWNER
The person or entity having ownership of the roll-off container.
[Added 3-27-17 by Ord. 17-14]
POLYCHLORINATED BIPHENYL (PCBs)
A pathogenic and teratogenic industrial compound used as a heat-transfer agent. A PCB may accumulate in human or animal tissue and are normally found in household appliances and underground fuel storage tanks that are sometimes processed for disposal.
[Amended 11-19-07 by Ord. No. 07-25]
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, occupying any premises or business, commercial or industrial, within the Township of East Brunswick.
PRODUCER
An occupant of a residential unit, public school buildings/facilities and/or municipal office/activity that generates solid waste and recyclables.
PUBLIC WORKS SERVICE DISTRICT (PWSD)
Designated areas wherein the Department of Public Works personnel perform scheduled services.
[Amended 11-19-07 by Ord. No. 07-25; 12-10-18 by Ord. No. 18-43]
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 so that contents therein are not exposed to the weather, animals, and vermin. A disposable plastic bag shall constitute a "receptacle" if it is of sufficient strength to hold its contents without breaking when collected. The "receptacle" shall be of such a design and weight as to be able to be conveniently handled by one (1) person. No "container" shall exceed a weight of more than fifty (50) pounds when loaded. Commercial garbage receptacles and 55 gallon drums are not acceptable as containers. Receptacles which, in the opinion of the Department, 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. Following are examples, but not necessarily limited to these:
[Amended 11-19-07 by Ord. No. 07-25]:
A. 
Includes such beverage or food containers constructed or fabricated of aluminum or its alloys.
B. 
defined as any metal container which contained non-toxic liquid or powdered particles which were dispersed by compressed air or gas. Such as: hair spray, fat or oil spray, tonics etc.
C. 
Includes all types of batteries from, flashlights, radios, appliances, automobiles, cameras, etc. whether rechargeable or not. Rechargeable batteries are defined as: Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MH), Lithium Ion (Li-Ion) and Small Sealed Lead (Pb).
[Amended 11-19-07 by Ord. No. 07-25]
D. 
Food and beverage containers which are made up of a mixture of various metals (aluminum, steel, tin).
E. 
Includes kraft corrugated which has a brown liner made from kraft paper and regular corrugated which is gray or tan and is made from other types of paper such as newspaper.
F. 
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, asphalt, block, cinder, brick and concrete.
[Amended 11-19-07 by Ord. No. 07-25]
G. 
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, bottles in the colors of clear, brown and green.
H. 
glossy inserts, magazines, telephone books, junk mail, colored paper, computer paper, office paper, paperboard (chipboard and press board), non-metallic wrapping paper, soft cover books, hard cover books with covers removed and fine paper.
[Amended 11-19-07 by Ord. No. 07-25]
I. 
Large items such as concrete, tree stumps, heavy wood items, iron and steel. Includes, but is not limited to furniture, bedding, mattresses, and so on, which may be constructed of several types and mix of materials which may be rebuilt, reconstructed or segregated into reusable and/or reclaimable materials.
[Added 10-28-91 by Ord. No. 91-100]; [Amended 11-19-07 by Ord. No. 07-25]
J. 
Includes papers of the type commonly referred to as "newsprint" and distributed at periodic intervals, usually daily or weekly. The term used newspaper is interchangeable with newspapers.
[Amended 11-19-07 by Ord. No. 07-25]
K. 
Includes all beverage containers which are constructed of polyethylene teraphthalate (PET) with recycling logo <1>, is characterized by its clarity, toughness and barrier (ability to resist permeation of carbon dioxide). PET is primarily used for soft drink soda containers; or, 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: cooking oil, cleaning products, milk, water and juice beverage containers. All colors are considered acceptable.
[Amended 11-19-07 by Ord. No. 07-25]
L. 
Includes all rags, clothes, fabric and woven materials that were formerly used as clothing and/or covering.
[Amended 11-19-07 by Ord. No. 07-25]
M. 
Includes all food and beverage containers which are constructed of tin and/or steel sides, tops and bottoms.
[Amended 11-19-07 by Ord. No. 07-25]
N. 
Includes bias, belted and polyester of which rubber is the main material in manufacturing.
[Amended 11-19-07 by Ord. No. 07-25]
O. 
Grass clippings, grass cuttings, plant residue and leaves. See also "yard waste."
[Amended 11-19-07 by Ord. No. 07-25]
P. 
Includes used oil drained from automobiles, motorcycles and lawn mowers, etc.
[Amended 11-19-07 by Ord. No. 07-25]
Q. 
Includes all milk and juice cartons, also known as aseptic (bacteria-free/sterile/nontoxic/sunlight-free) packaging. These types of packages are used for beverages, milk, dairy, and light-sensitive food products or additives.
[Amended 11-19-07 by Ord. No. 07-25]
R. 
Washers, dryers, ranges, refrigerators, air conditioners.
[Added 11-19-07 by Ord. No. 07-25]
S. 
Includes leaves, grass clippings, plant residue, tree limbs, branches and trunks. See also "vegetative waste."
RECYCLING CENTER (RC)
A designated location within multifamily and apartment complexes where containers for recyclable placement are located. These recycling centers (RCs) are also where the mechanical collection services are accomplished.
RECYCLING DISTRICT (RD)
A designated area of the Township wherein recyclables are collected at curbside from each residential dwelling or unit.
REFUSE
Whether it consists of combustible or noncombustible solid waste, all miscellaneous materials, such as soiled or used rags, paper products, leather goods, rubber, crockery or other material not defined as recyclable or white goods.
REFUSE CONTAINER
Any waste container that a person controls, whether owned, leased or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
[Added 07-20-09 by Ord. No. 09-17]
REGULATIONS
Includes such rules, schedules or times promulgated by the Director of Parks and Public Works and adopted by the Township Council to carry out the intent of this chapter.
[Amended 7-25-05 by Ord. No. 05-16]
RESIDENTIAL UNIT
A dwelling within the corporate limits of the Township of East Brunswick 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. Note: "Residential unit" definition shall also include all public schools, municipal offices, activities and properties, and official/quasi-official municipal service activities (such as fire, first aid) located in the Township of East Brunswick, 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.
REUSABLE RECEPTACLE
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.
ROLL-OFF CONTAINER
The type of container or dumpster usually associated with a vehicle containing hydraulic or mechanical capabilities to lift a prefabricated container from the ground onto the truck for transport purposes or to lift and dump the material contained therein into the body of said truck, the contents of which container is solid waste containing the refuse, rubbish and other debris.
[Added 3-27-17 by Ord. No. 17-14]
RUBBISH
All materials generated by residential units consisting of materials other than food waste items not included in the current recycling/recyclable list.
SINGLE RESIDENTIAL UNIT
Any dwelling place occupied by one family.
SKY LANTERN
An airborne paper lantern that is constructed of oiled rice paper on a bamboo frame and contains a small candle or fuel cell composed of a waxy flammable material.
[Added 10-14-2019 by Ord. No. 19-27]
SOLID WASTE
All garbage, rubbish, refuse 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 commingled with solid waste. The Township of East Brunswick is licensed by solid waste permit to collect three types of waste:
A. 
Type 10, Municipal Waste - Residential, commercial and institutional solid waste generated within a community.
B. 
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.
C. 
Type 23, Vegetative Waste - Includes, but is not limited to, tree limbs, branches, leaves, grass clippings, plants and flower residue, etc.
SOLID WASTE DISTRICT (SWD)
A designated area of the Township wherein solid waste and/or recyclables are collected at curbside from each residential dwelling or unit.
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.
[Added 07-20-09 by Ord. No. 09-17]
STREET
Any avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
[Amended 7-25-05 by Ord. No. 05-16]
TOWNSHIP
The Township of East Brunswick.
USER/PERMIT HOLDER
The person or entity using the roll-off container either as an owner or lessee thereof.
[Added 3-27-17 by Ord. No. 17-14]
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
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 by 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, leaves and other materials.
[Added 3-27-17 by Ord. 17-14]
No person shall place or permit a roll-off container/dumpster to be placed upon any street or municipally owned parking lot within the Township without first obtaining a permit therefore in accordance with the requirements of this chapter.
[Added 3-27-17 by Ord. 17-14]
A. 
The Chief of Police shall issue a permit for the use of a roll-off container/dumpster as a temporary street obstruction prior to the placement thereof, upon satisfactory written application by either the owner or the user/permit holder, as follows:
1. 
Each application shall be accompanied by a certificate of insurance, either from the owner or the user/permit holder, evidencing public liability coverage insuring the Township in an amount not less than $500,000 for injuries, including accidental death for any one person, and subject to the same limit for each person in an amount not less than $1,000,000 on account of each occurrence; and a certificate of insurance either from the owner or the user/permit holder evidencing property damage coverage insuring the Township in an amount not less than $100,000 on account of any occurrence and in an amount not less than $1,000,000 on account of all occurrences. All policies shall be so written that the Township shall be notified of cancellation or restrictive amendment at least 15 days prior to the effective date of such cancellation or amendment.
2. 
Prior to the issuance of such a permit, the Chief of Police, or their designee, shall determine that the proposed use of the roll-off container/dumpster shall not constitute a traffic and/or safety hazard.
3. 
A roll-off container/dumpster shall not be located on any public street less than 30 feet wide from curb to curb.
4. 
The roll-off container/dumpster can be effectively placed parallel to the curb with the street side of the container not more than eight feet six inches from the adjacent curb.
5. 
The roll-off container/dumpster shall be equipped with and display markers consisting of all-yellow, reflective, diamond-shaped panels having a minimum size of 18 inches by 18 inches. These panels shall be mounted at the edge of the dumpster or container at both ends nearest the path of passing vehicles and facing the direction of oncoming traffic. These markers shall have a minimum mounting height of three feet from the bottom of the panels to the surface of the roadway in accordance with N.J.S.A. 27-5I-1.
6. 
The roll-off container/dumpster shall not obstruct any part of the sidewalk or the sidewalk areas adjacent to the street.
7. 
Each application for a permit hereunder shall be accompanied by a nonrefundable filing fee of $25 or such other fee as may be fixed from time to time by resolution of the Council of the Township of East Brunswick.
8. 
Each permit shall be of 14 days' duration and shall require a written application to extend the duration of the permit for an additional 14 days. This permit shall be conspicuously posted at the job site location.
[Added 3-27-17 by Ord. 17-14]
A. 
During all times when the roll-off container/dumpster is not actively in use, a tarpaulin or other suitable tight cover shall be placed over the roll-off container/dumpster in order to protect the contents from being displaced and/or causing litter on public or private property or creating dust, offensive odors or health hazards.
B. 
The contents of the roll-off container/dumpster shall be emptied and disposed of upon reaching the waterline of the roll-off container/dumpster.
C. 
The user/permit holder shall be responsible for the repair of any street, sidewalk and curb damage caused by the placement, movement or removal of the roll-off container/dumpster.
D. 
The insurance required in § 114.1-3(A).1 hereof shall continue in full force and effect during the term of the permit license.
[Amended 11-19-07 by Ord. No. 07-25; 12-10-18 by Ord. No. 18-43]
No person or persons or corporation shall engage in the business of yard/lot/facility maintenance, collecting or transporting solid waste (garbage, refuse, or recyclables) in the Township of East Brunswick without first registering with the Director of Public Works or their designee of said township.
[Amended 11-19-07 by Ord. No. 07-25]
Registrations shall expire on July 1 of the year following the year in which the registration was granted. Applications for renewal of registration shall be made no later than June 15 of each year.
[Amended 11-19-07 by Ord. No. 07-25; 12-10-18 by Ord. No. 18-43]
All Applications for registrations to collect and/or transport garbage or refuse shall be made in writing, addressed to the Director of Public Works of said township. The registration fee shall be as promulgated by the Director of Finance and the Director of Public Works, and approved by the Township Council under separate cover entitled "Schedule of Fees for Solid Waste Services" and paid per vehicle.
[Added 7-20-09 by Ord. No. 09-17]
Dumpsters and other refuse containers that are outdoors or exposed to stormwater shall be covered at all times and the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system and/or the waters of the State shall be prohibited so as to protect public health, safety and welfare.
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.
C. 
Exceptions to prohibition:
a.  
Permitted temporary demolition container;
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, white goods placed curbside for pickup)
[Amended 12-10-18 by Ord. No. 18-43]
A. 
Every person, persons or corporation who shall transport solid waste/recyclable materials through or along any street in the Township shall use a properly constructed and furnished vehicle. Vehicles used for the purpose of collection and transport of solid waste materials shall be loaded in a manner that will prevent any of the contents from spilling, falling or leaking from the vehicle. Each vehicle used for garbage shall be provided with adequate and sufficiently tight covering so as to prevent the spillage of contents.
B. 
No such vehicles shall stand in the streets or other public places at any time except when being loaded. Vehicles shall also be in compliance with appropriate noise level and abatement requirements and standards. It is further provided herein that solid waste collection vehicles may operate from 7:00 AM to Sundown, Monday through Saturday.
[Amended 11-19-07 by Ord. No. 07-25; 12-10-18 by Ord. No. 18-43]
All registered solid waste haulers servicing residential, commercial and/or institutional premises located within the boundaries of the Township of East Brunswick shall be required to complete and submit tonnage reports of solid waste and recyclables collected within the Township, on a quarterly basis to the Department of Public Works.
[Amended 11-19-07 by Ord. No. 07-25; 12-10-18 by Ord. No. 18-43]
A. 
Collection sectors, together with the dates of collection, shall be established by regulation of the Department of Public Works. In the event of emergent situations, and inclement weather such as ice and snow storms, high winds and/or heavy rains, the Department may suspend, restrict or otherwise modify the provisions of this chapter. Should any of the above situations occur, collection for the service which was suspended will resume on the next regularly scheduled collection day.
B. 
The following shall constitute holidays on which collections will not be made:
New Year's Day
Labor Day
Memorial Day
Thanksgiving Day
Independence Day
Christmas Day
Property owners and their agents, lessees, tenants or other occupants who wish to have their solid waste disposed by the Township shall:
A. 
Place solid waste from their unit in appropriate containers, receptacles, and/or bundles as specified at the street curb if one exists or adjacent to but not on the street pavement if there is no curb. The number of containers shall not exceed five per dwelling on a single collection day. If residents plan to exceed five items or put out items that are over four feet in length or weigh over 50 pounds, they must call the Department (or its designee) between the hours of 8:00 a.m. and 5:00 p.m. at least one working day prior to their published collection day. They must describe the number of items placed out for collection, its volume, and provide their address. The Department (or its designee) shall reserve the right of decision in determining the maximum capacity per truck and therefore the right to limit the number of special collections according to volume per route.
B. 
Receptacles may be placed beginning at dusk of the night preceding the scheduled collection day. All containers with solid waste shall be placed out by 7:00 a.m. of the collection day, and those placed after said hour may not be collected if said collection activity has already taken place. Solid waste receptacles shall be removed from the curb or pavement edge by the evening of the collection day.
C. 
Properties shall be permitted to place solid waste for collection pursuant to this chapter and regulations issued by the Department. Said regulations shall, as a minimum, state the type and number of receptacles and shall provide for regular and special pickup, subject to limitations of the municipal budget of the Township of East Brunswick.
D. 
The Department may permit additional receptacles to be placed at curbside, provided that special prior arrangements have been made with the Department.
E. 
No collection of solid waste shall be accomplished on property outside of the dedicated public rights-of-way.
F. 
Owner and occupants to supply receptacles in all cases as follows:
1. 
The owner, lessee, tenant occupant or agent of every premises where solid waste and recyclables accumulate shall provide receptacles for receiving and holding solid waste and recyclables. At least one receptacle shall be provided for each residential unit.
2. 
All receptacles shall be constructed of metal or plastic and shall be watertight and fitted with tight-fitting covering which shall prevent spilling or leakage of contents. For single-family residences, each container shall have the capacity of not more than 35 gallons for garbage and not more than 32 gallons for recycling, and both shall be equipped with at least one handle for pulling and lifting. In no case will the weight of the container and its contents be allowed to exceed 50 pounds.
[Amended 12-10-18 by Ord. No. 18-43]
3. 
Reusable containers made of wood, plastic or metal may be used for newspaper containment prior to placement at the curb for collection, provided that littering (blowing paper) will not occur prior to collection and the total weight of container and newspapers do not exceed 50 pounds.
4. 
All owners and tenants of property at which recyclable food and beverage containers are sold, dispensed or vending machines are located, the owners or tenants shall provide separate solid waste and recycling containers for use and disposal of solid waste and recyclables as defined herein.
G. 
Mattresses and box springs placed curbside for bulk collection shall be wrapped in plastic or placed in disposable plastic bags designed for mattresses and box springs. The wrapping must be of sufficient strength to avoid tearing and cover all exposed areas of the mattress and box spring. Items that do not comply may be subject to noncollection at the absolute discretion of the Director of Public Works or their designee.
[Added 3-23-2020 by Ord. No. 20-09]
A. 
Solid waste and recycling collection or disposal service shall not be provided to any commercial, industrial or institutional properties unless they are a part of the municipal government of the Township of East Brunswick.
B. 
Solid waste and recycling collection or disposal service shall not be provided to governmental properties (Federal, State, and/or County unless they are a part of the municipal government of the Township of East Brunswick), or to multiple dwelling complexes or medical facilities or offices except offices located in a residential structure which qualify under N.J.S.A. 40:55D-4, or any development (as defined in N.J.S.A. 40:55D-4) wherein the developer in securing municipal approval agreed to provide private garbage service as set forth in an offering statement or in a resolution approving such development.
[Amended 11-19-07 by Ord. No. 07-25]
The following items are prohibited from being placed for collection:
A. 
Construction materials, including but not limited to bulk roof shingles, dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard, sheetrock, etc.
B. 
Bulk tree trimmings and tree stumps above fifty (50) pounds (lbs).
C. 
Metals, wood, cement, asphalt, block, cinder, brick and concrete.
[Amended 11-19-07 by Ord. No. 07-25]
D. 
Industrial waste, including but not limited to processed scrap materials, packing materials and certain hazardous and dangerous 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.
E. 
Bulk automotive parts, including but not limited to transmissions, engines, rear ends, rims, tires, wheels, mufflers, and other bulk items normally produced in quantity by vehicular repair operations.
F. 
Dead animals, animal waste and animal droppings, unless they are double bagged for collection, in 10 millimeter plastic heavy duty bags.
[Amended 11-19-07 by Ord. No. 07-25]
G. 
Surgical dressings, syringes, and disposable hospital-type waste items, also known as red bag waste. Note: Health care providers and residents who producing and/or are creating red bag waste components in conducting daily activities or are maintaining their health shall be required to make appropriate arrangements with their suppliers to correctly contain and process for disposal their red bag waste materials.
H. 
New and used motor oils, petroleum based products, or antifreeze.
I. 
Hazardous waste classified pursuant to regulations issued by the New Jersey Department of Environmental Protection and Energy (NJDEPE), adopted under authority of N.J.S.A. 13:1D-9 and 13:1E-6, as amended. Toxic chemicals commonly known as "commercial hazardous waste" and "household hazardous waste" would be excluded.
[Amended 11-19-07 by Ord. No. 07-25]
A. 
Domestic or household bulky items, such as air conditioners, washing machines, dryers, refrigerators, hot water heaters, sinks, stoves, garbage disposals/compactors, household appliances, metal fencing and poles (without cement attached), leaders and gutters, metal doors, pool fixtures, sheds, swings and other household furnishings, such as chairs, sofas, rugs, padding, etc., shall not be placed at the curb for collection unless special arrangements have been made with the Township, meeting the published collection schedule. No bulky items shall be of a weight or be of a size greater than can be conveniently handled by two (2) persons.
[Amended 11-19-07 by Ord. No. 07-25]
B. 
It shall be a violation of this chapter for any individual, association, partnership or corporation to leave outside of any property, building or dwelling, any icebox, refrigerator, freezer or dishwasher or any other item which has an airtight door, without first removing said airtight door.
C. 
It shall be a violation of this chapter for any individual, association, partnership or corporation to conduct a repair or salvage operation and use the services of the Township for solid waste collection.
[Amended 11-19-07 by Ord. No. 07-25]
Provided that special arrangements have first been made with the Department of Parks and Public Works, branches, bulky tree limbs and tree trunks will be collected pursuant to the collection calendar, as amended from time to time, provided that these items are deposited at street side, and not on the street pavement. Branches, bulky tree limbs and tree trunks may be placed at the curb in appropriately sized piles prior to the scheduled collection day.
[Amended 11-19-07 by Ord. No. 07-25]
A. 
The service listed under the nomenclature of "yard waste" in the annual Township schedule shall, during the months of October, November, and December, consist of strictly leaf collection. During this time, leaves may be placed in neat piles at the curb or pavement edge for collection, provided that the piles do not constitute a traffic hazard. Residents may also place leaves for collection in Biodegradable bags during the months of October, November, and December which are collected on the normal recycling collection day. The Biodegradable bag shall not exceed fifty (50) pounds in weight, be neatly placed untied at the curb and be separated from solid waste and recycling containers by a minimum of a foot (12 inches) distance.
B. 
If an appropriate registration has been secured and fees paid the collected leaves of these contract operations can be disposed of legally and properly at the Department regulated location as published under separate cover.
C. 
Leaf bags shall be placed at the curb. Residents may place these bags at the curb no earlier than 6:00 P.M. on the evening prior to collection.
[Amended 11-19-07 by Ord. No. 07-25]
A. 
Residents are encouraged to recycle their grass clippings by cutting and leaving. For those individuals who cut-and-bag their grass clippings the following procedures shall govern:
1. 
Grass clippings shall not be commingled with other yard waste.
2. 
Grass clippings shall be placed at the curb in reusable containers with tops off or in untied plastic bags placed curbside. Neither the reusable container or the plastic bags shall exceed fifty (50) pounds including the contents within the container.
3. 
Reusable containers or bags shall be placed at curb side on normally scheduled solid waste collection days separate from garbage or refuse also placed for collection.
4. 
Any grass clippings placed at the curb or pavement edge during the months of leaf collection need not be contained but can be commingled with leaves placed for collection.
5. 
Grass bags shall be placed at the curb. Residents/contractors may place these bags at the curb no earlier than 6:00 P.M. on the evening prior to scheduled collection.
B. 
It shall be a violation of this chapter for any resident or private contractor to place loose grass clippings at the curb or pavement.
[Added 7-25-05 by Ord. No. 05-16]
Sweeping, raking, blowing or otherwise placing yard waste that in not containerized at the curb or along the street is only allowed during the seven (7) days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this ordinance.
[Amended 7-25-05 by Ord. No. 05-16; 11-19-07 by Ord. No. 07-25]
Property owners of record shall be responsible for the placement of materials for collection as specified herein. The Director of Finance, Director of Parks and Public Works and the Recycling Coordinator shall be empowered to fix fees by regulation, subject to the approval by the Township Council, for the removal of materials not placed in accordance with the terms of this chapter. The payment of applicable fees shall be the responsibility of the property owner of record.
The Township reserves the right to seek reimbursement and indemnification from all property owners and their agents, lessees, tenants or other occupants who violate any section of this ordinance in the placement of materials for collection.
[Amended 7-25-05 by Ord. No. 05-16; 11-19-07 by Ord. No. 07-25; 12-10-18 by Ord. No. 18-43]
A schedule of fees shall be established by the Director of Finance and Director of Public Works, subject to the approval by the Township Council for services provided under Section 114-9 and Section 114-10, defining solid waste collection. The approved fees may be charged for household containers and/or containerized receptacles, including but not limited to normal service, and recollection if collection activities are unable to be performed due to violation of this chapter.
Fees not paid within thirty (30) days of assessment by the Department shall constitute a lien against the property which shall be collected via an action of law, and services shall cease until full restitution has occurred.
[Amended 7-25-05 by Ord. No. 05-16; 11-19-07 by Ord. No 07-25; 12-10-18 by Ord. No. 18-43]
This chapter shall be enforced in Municipal Court upon a complaint signed by the Recycling Coordinator, Code Enforcement Officer, the Board of Health, the Department of Public Works or the Department of Public Safety of the Township of East Brunswick. Further, if a complaint has been signed and issued, and the Township prevails against the violator, the responsibility for solid waste disposal shall lie with the violator. If the violator does not correct the violation the Township shall take action to protect the general health of the public and the cost of such actions shall be processed as a lien against the property and in accordance with law.
[Deleted 11-19-07 By Ord. No. 07-25]
[Amended 11-19-07 by Ord. No. 07-25; 12-10-18 by Ord. No. 18-43]
The Department of Public Works shall forthwith transmit all solid waste collected pursuant to this chapter to lawfully licensed facilities designated by the County of Middlesex in the Middlesex 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.
[Deleted 11-19-07 By Ord. No. 07-25]
[Amended 11-19-07 by Ord. No. 07-25; 12-10-18 by Ord. No. 18-43]
The Township Council shall appoint a Clean Communities Coordinator, Solid Waste and Certified Recycling Coordinator and an Alternate selected from among the Department of Public Works executive management personnel required to act as liaison with Middlesex County and State of New Jersey Department of Environmental Protection (NJDEP) Solid Waste/Recycling and Clean Communities officials, keep records apply for grants/aid and perform the annual/recurring applications and updating process.
[Amended 11-19-07 by Ord. No. 07-25; 12-10-18 by Ord. No. 18-43]
A. 
Upon classification of an item or material as recyclable, residential and other property owners, shall cause themselves or their agents, lessees, tenants or their occupants to separate said item or materials separately for collection, whether said collection is performed by a municipal agency or private contractor.
B. 
On or after the date fixed in the regulations and in accordance with the terms thereof, it shall be mandatory for all persons who are owners, lessors, renters or occupants of residential dwellings and commercial, industrial and institutional properties in the Township of East Brunswick to separate recyclable materials from all other solid waste generated.
C. 
Commercial, industrial and institutional properties are required to negotiate with a private hauler/contractor in accordance with the provisions of the Middlesex County District Recycling Plan.
D. 
At the present time, the materials to be recycled by New Jersey State mandate and designated as recyclable by the Township of East Brunswick are
1. 
For residential (including multi-family), commercial, industrial and institutional, governments and office parks:
a.  
Masonry/paving material: asphalt, block, brick, cinder, and concrete
b.  
Rechargeable batteries: Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MH), Lithium Ion (Li-Ion) and Small Sealed Lead (Pb)
c.  
Tires: rubber-based scrap automotive, truck, and equipment tires
d.  
White goods: washers, dryers, ranges, refrigerators, air conditioners (Note: all devices that contain CFC's must be properly evacuated by licensed individuals and all CFC's recovered must be sent to an EPA approved reclaimer)
2. 
For commercial, industrial and institutional, governments and office parks:
a.  
Electronics, televisions, CPU's, monitors, laptops, and mercury-containing devices
b.  
Fluorescent bulbs: lamps that contain mercury-containing devices
c.  
Plastic film: stretch/shrink wrap, plastic shopping bags - only for warehouses, retail establishments and supermarkets with 25 or more employees
d.  
Wood scrap: unfinished lumber from new construction projects including pallets. Unfinished shall mean non-chemically treated (not pressure treated, impregnated with preservatives, insecticides, fungicides, creosote, or other chemicals, and not painted, resin coated or otherwise surface treated, and not laminated or bonded; and not similarly altered from its natural condition) - only for new construction sites.
3. 
The following recyclables are mandatory source separated for all sectors
a.  
Aluminum cans and containers.
b.  
Glass food and beverage containers, all colors.
c.  
Steel (tin) and Bimetal food and beverage containers.
d.  
Plastic containers: milk, water, beverage, laundry containers
e.  
Paper (waxed milk and juice cartons also known as aseptic (bacteria free/sterile/non-toxic/sunlight free) packaging.
f.  
Aerosol cans (empty) is defined as any metal container which contained non-toxic liquid or powdered particles which were dispersed by compressed air or gas.
g.  
Cardboard/corrugated paper, bundled 2' x 2' x 1'.
h.  
Mixed paper - refer to Section 114-1, bundled 2' x 2' x 1'.
i.  
Cooking oil - brought to recycling center.
j.  
White goods, metals, bulky items.
k.  
Textiles.
l.  
Used tires.
m.  
Yard wastes - leaves, grass clippings, branches, vegetative waste.
n.  
Construction and Demolition wastes - metals, wood, cement, asphalt, block, cinder, brick and concrete.
o.  
Brush.
p.  
Motor oil.
Note: Additional recyclable materials shall be added in accordance with the New Jersey Source Separation and Recycling Act: S-1476/A-1781 and the Middlesex County District Recycling Plan. The Department of Public Works shall issue regulations classifying recyclables and providing for the method and manner of collection. Said classification shall be dependent upon the existence of lawful disposal, users or markets for said recyclables.
[Amended 11-19-07 by Ord. No. 07-25; 12-10-18 by Ord. No. 18-43]
The Department of Public Works shall, by regulation, designate a municipal recycling center. Said center shall accept, as a minimum, newspaper, corrugated paper, junk mail, aluminum, metal, bimetal, glass, and plastics pursuant to N.J.A.C. 14A:3-11.1 et seq., as well as many items classified as recyclable by regulation of the Department of Public Works. The Director upon written request may allow business, commercial, industrial, institutional and/or professional property owners to drop off source separated materials at the Recycling Center for processing provided that recycling collection or processing costs are not accrued to the Township.
[Added 11-19-07 by Ord. No. 07-25]
The Municipal Recycling Coordinator shall review all Recycling Plans submitted in conjunction with all applications to the planning board or zoning board for subdivision or site plan approval pursuant to § 132-30. The recycling area shall be of sufficient size, convenient location and contain other attributes (i.e. signage, lighting, etc.) as may be determined by the Municipal Recycling Coordinator.
[Amended 11-19-07 by Ord. No. 07-25]
Materials classified as recyclable shall only be disposed of by:
A. 
Placing them for collection by the municipality pursuant to the terms of this chapter and regulations issued by Department in accordance with the provisions set forth by the Township Council.
B. 
Giving, donating or selling them or permitting them to be collected by any person, partnership or corporation, whether operating for profit or not, provided that the material shall:
1. 
Be recycled.
2. 
Be collected from a point other than the curbside in districts with municipal collection of recyclable items or materials or at a municipal drop-off center, with the permission of the Township of East Brunswick.
3. 
Be reported to the municipality by both the generator and the receiver of the recyclable items or materials in accordance with regulations of the Department of Public Works, the County of Middlesex and the State of New Jersey.
[Amended 11-19-07 by Ord. No. 07-25; 12-10-18 by Ord. No. 18-43]
C. 
Recycling documentation in the form and format espoused by the Department backed up by, weight slips or a signed business form letter shall be required from all those who market, collect, haul and/or generate recyclable materials, whether they be residential, business, commercial, industrial, institutional and/or professional premises located within the boundaries of the Township of East Brunswick, as required by the Middlesex County District Recycling Plan. These records and reports shall be submitted to the East Brunswick Township Recycling Coordinator on a quarterly basis, specifically, not later than close of business January 1, April 1, July 1, and October 1 of a given year and beginning as of the effective date of this ordinance.
D. 
Used tires - Depending upon the availability of markets or other disposal means for used tires, the Department may, at its discretion, provide for the disposal of used tires by the residents. The Township Council shall be empowered to fix fees by regulation for the disposal of used tires; and the disposal method shall be established by regulation of the Department.
[Deleted 11-19-07 By Ord. No. 07-25]
[Amended 11-19-07 by Ord. No. 07-25; 12-10-18 by Ord. No. 18-43]
The Director of Public Works is hereby authorized and directed to promulgate such reasonable regulations as to the manner, days, times, fees, etc., for the collection of recyclables in accordance with the terms hereof and shall forward such regulations to the Township Council for adoption by resolution. Such regulations may be amended from time to time as needed to encourage the operation of the collection program.
[Amended 11-19-07 by Ord. No. 07-25]
A. 
Each such collection in violation of this chapter and each day a violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
B. 
Any person, firm or corporation who violates or neglects to comply with any provision of this chapter or any rule, regulation or directive promulgated pursuant thereto shall be punishable, upon conviction thereof, by a fine not to exceed $2,000 or by up to 90 days in jail, or both. If permitted by general law, a convicted person may be ordered to perform community service.
[Deleted 11-19-07 by Ord. No. 07-25]
[Deleted 11-19-07 by Ord. No. 07-25]
[Added 10-14-2019 by Ord. No. 19-27]
These §§ 114-32 through 114-32.2 are adopted in order to protect the environment, particularly the wildlife, and the health, safety and well-being of persons and property by prohibiting the release of aerial luminary lanterns and helium balloons into the atmosphere, the balloons including latex and Mylar, as it has been determined that the release of aerial luminary lanterns and balloons inflated with lighter-than-air gases pose a danger and nuisance to the environment, particularly to wildlife and marine animals, so as to constitute a public nuisance and may pose a threat to the safety of inhabitants and their property.
[Added 10-14-2019 by Ord. No. 19-27]
It shall be unlawful for any person, firm or corporation to intentionally release, organize the release of, or intentionally cause to be released any untethered sky lantern, aerial luminary lantern or similar device or balloons inflated with a gas that is lighter than air within the Township of East Brunswick limits, except for:
A. 
Balloons released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.
B. 
Hot-air balloons that are recovered after launching.
C. 
Balloons released indoors.
[Added 10-14-2019 by Ord. No. 19-27]
Any person found in violation is guilty of a noncriminal infraction punishable by a fine not to exceed the sum of $500.