[1]
Editor's Note: For State law authorizing Township to provide for the collection removal and disposal of ashes, garbage, refuse and waste matter, see N.J.S.A. 40:66-1.
[1967 Code § 12-2-1; Ord. No. 17-74 § 1; Ord. No. 15-87 § 1; Ord. No. 5-93 § 1; Ord. No. 13-94 § 1E; Ord. No. 2331-09 § 1]
As used in this section:
ALUMINUM CANS, FOIL AND FOOD CONTAINERS
Shall mean any beverage containers constructed entirely (top, bottom and sides) from aluminum material and also used, but clean, wrapping material, pans and plates constructed of aluminum.
AUTOMOBILE LEAD-ACID BATTERIES
Shall mean used batteries from automobiles, trucks and other vehicles.
BRUSH
Shall mean tree and shrub branches which have been removed from residential properties. Branches shall be free from roots, stumps and other contaminants.
CHIPBOARD
Shall mean gray cardboard, including cereal boxes, gift boxes, cracker and cookie boxes, and note pad backing.
CO-MINGLED CONTAINERS
Shall mean clear, brown and green glass; aluminum cans, foil or food containers; tin and bimetal cans; and #1 and #2 and #5 plastic.
CONSTRUCTION AND DEMOLITION DEBRIS
Shall mean recyclable materials, including, but not limited to, concrete, asphalt, roof shingles, brick, block, wood waste, tree stumps and tires. (Pursuant to N.J.S.A. 13:1E-99.34B and N.J.A.C. 7:26-1.1 et seq., any person or persons who receive, store, process or transfer source-separated recyclable materials other than metal, glass, paper, plastic containers and corrugated and other cardboard, require the prior approval of the New Jersey Department of Environmental Protection and Energy (NJDEPE). Therefore, recyclable materials, including, but not limited to, concrete, asphalt, roof shingles, brick, block, wood waste, tree stumps and tires (Class B recyclable materials) as identified in N.J.A.C. 7:26A-1.1 et seq. must be recycled as NJDEPE-approved recycling centers, unless otherwise exempted, to be eligible for tonnage grant funds.)
CORRUGATED PAPER
See mixed paper.
DEMOLITION DEBRIS
See construction debris.
ELECTRONIC WASTE/E-CYCLING
Shall mean a computer central processing unit and associated hardware including keyboards, modems, printers, scanners and fax machines, fluorescent tubes and cfl bulbs, a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four (4") inches measured diagonally and that contains one (1) or more circuit boards, including a television, and cell phones.
FERROUS
Shall mean containing iron, especially valence 2.
HIGH GRADE PAPER, JUNK MAIL AND MAGAZINES
Shall mean white office paper, computer paper and duplicator paper, but shall exclude paper products coated with nonbiodegradable materials or contaminated by carbon material, and shall include discarded mail, catalogs and envelopes, and periodicals containing miscellaneous materials.
JUNK MAIL
See high grade paper.
LEAVES
Shall mean the leaves from the spring and fall yard collection of bulk deciduous leaves from residential and commercial properties. No plastic bags or other contaminants shall be included with the leaves.
MAGAZINES
See high grade paper.
MIXED PAPER
Shall mean brown paper shopping bags, catalogs, chipboard, colored paper, computer printouts, corrugated boxes, high-grade paper, junk mail, magazines, newspaper and telephone books. Soft cover and hard cover books shall not be included in mixed paper.
MULTIFAMILY DWELLING
Shall mean any building or structure, or complex of buildings in which three (3) or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a) and shall include hotels.
MUNICIPAL RECYCLING COORDINATOR
Shall mean the person or persons appointed by the municipal Governing Body and who shall be authorized to, among other things, enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
Shall mean all solid waste generated at residential, commercial and institutional establishments within the boundaries of the municipality of the Township of Millburn.
NEWSPAPERS
See mixed paper.
PLASTIC CONTAINERS
Shall mean co-mingled containers of #1 P.E.T.E. and #2 H.D.P.E., commonly referred to as milk jugs, soda bottles and detergent containers.
RECYCLABLE MATERIAL
Shall mean those post-consumer waste items which otherwise become Municipal solid waste, but can be collected and returned to the economic mainstream in the form of raw materials or products.
RECYCLING CENTER
Shall mean that area designated by the Township as the area to recycle co-mingled glass, newspaper, aluminum, waste oil, white goods and corrugated paper and other recyclable materials.
SINGLE STREAM RECYCLING
Shall mean that you can put out for collection all recyclable materials on the same day in the same container or separated and it will be picked up.
SOLID WASTE
Shall mean all garbage and rubbish normally placed at the curb by the residents of the Township for regular twice weekly Municipal collection.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purpose of recycling.
SOURCE SEPARATION
Shall mean the process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
TIN AND BIMETAL CANS
Shall mean food containers constructed entirely or in part of ferrous materials.
TIRES
Shall mean used truck and passenger automobile tires removed from rims.
USED MOTOR OIL
Shall mean any waste crank case oil from periodic maintenance of internal combustion engines.
VEGETATIVE WASTE
Shall mean grass clippings, leaves, brush, tree branches, herbaceous waste and twigs.
WHITE GOODS
Shall mean appliances such as air conditioners, stoves, washers, dryers, steel or cast iron plumbing fixtures, dishwashers, refrigerators, water heaters, etc.
[1967 Code § 12-2-2; Ord. No. 17-74 § 2; Ord. No. 15-87 § 1; Ord. No. 5-93 § 1; Ord. No. 13-94 § 2; Ord. No. 2336-09 § 1]
Every occupant, whether owner, apartment tenant, business tenant, residential, commercial and institutional of any building or premises in the Township shall separate from all other solid waste produces: lead-acid batteries, all structural steel or ferrous metal, case iron and steel components, aluminum cans, foil and food containers, co-mingled glass, plastic containers, tin and bimetal cans, leaves, grass clippings, brush, white goods, used motor oil, antifreeze, newspaper, corrugated paper, telephone books, high grade paper, junk mail, magazines, chipboard and construction and demolition debris. Every occupant shall prepare the aforementioned recyclable materials for pickup, collection and recycling pursuant to this section. Tonnages of materials recycled by private vendors shall be reported pursuant to subsection 14-1.6.
[1967 Code § 12-2-3; Ord. No. 17-74 § 3; Ord. No. 15-87 § 1; Ord. No. 3-88 § 1; Ord. No. 13-94 § 3; Ord. No. 2331-09 § 2]
a. 
Newspapers, corrugated paper, magazines, telephone books, junk mail, high grade paper and chipboard from residents shall be flattened and placed into securely tied bundles or placed in brown paper bags or corrugated paper boxes. Aluminum cans and food containers, and tin and bimetal cans shall be cleaned and drained of all food and liquid, left in original shape, glass and plastic containers shall be cleaned and drained free of food, liquid or other substances, the caps and all metal removed and placed into a reusable recycling receptacle or container not less in size than five (5) gallons or more than thirty-two (32) gallons. Receptacles or containers when left for collection shall not exceed thirty-five (35) pounds in weight.
b. 
Leaves and grass may be raked to the curb, but may only be placed in the street on the days indicated on the Township Leaf Program Calendar for collection. Bagged leaves and grass will be collected at curbside on your first collection day through the end of the regular leaf program. No brush and twigs is to be mixed in with the leaves.
c. 
All commercial residents shall provide for the recycling of corrugated paper by making arrangements with a private contractor or depositing material directly at the recycling center.
d. 
Vegetative waste from each private residence shall be picked up by the Public Works Department on designated collection days or recycled through private contractors or composted using approved composting techniques on one's own property. Residents shall be limited to eight (8) separate units not in excess of thirty-five (35) pounds each of vegetative waste on each designated collection day. Brush shall be bundled in lengths not exceeding three (3') feet and weighing not more than thirty-five (35) pounds and shall be tied with cord. The Public Works Department shall not pick up stumps, roots, wood or old firewood.
e. 
White goods shall be picked up by prior arrangements with the Public Works Department at curbside once per week or may be brought directly to the recycling center. All concrete or other debris shall be removed from white goods. Only large metal objects shall be picked up by the Public Works Department. Any white goods which have a compartment of more than one and one-half (1-1/2) cubic feet capacity and a door or lid which locks or fastens automatically when closed, and which cannot easily be opened from the inside, shall have the door or lid locking or fastening device removed before being left unattended.
f. 
Used motor oil and antifreeze from vehicles and lawn mowers shall be respectively placed in plastic bottles and containers and delivered to an authorized and designated used oil recycling center, gas station or the recycling center. Used motor oil will be collected or picked up by the Township.
g. 
Recyclable materials to be collected by the Township shall be placed at the curb on designated collection days. In no event shall recyclable materials be placed in the street or right-of-way. Recyclable materials shall be placed at the curb not earlier than 7:00 p.m. on the day before regular Municipal collection and not later than 7:30 a.m. on the day of regular Municipal collection. After collection any empty containers shall be removed promptly but not later than 7:00 p.m. on the day of collection. Placing recyclable materials at the curb for collection on days other than those days designated for pickup shall be a violation of this section.
h. 
Recyclable materials including ferrous metals, commingled glass, aluminum cans, and food containers, tin and bimetal cans and plastic; commingled newspaper, corrugated paper, brown paper bags, telephone books, magazines, junk mail, high grade paper and chipboard; waste oil, tires, antifreeze, automobile lead-acid batteries, consumer batteries, and white goods may be delivered to the Recycling Center at such times are set forth in the regulations.
i. 
Construction and demolition debris shall not be collected or disposed of through the Township. Every occupant, whether owner, apartment tenant, business tenant or otherwise, of any building or premises in the Township shall arrange for the collection and recycling of construction and demolition debris at an approved New Jersey Recycling Center for Class B. Recyclable Materials.
j. 
Anything herein to the contrary notwithstanding, any person may donate or sell recyclable materials to any person, partnership or corporation, whether operating for profit or not for profit. Such sale or donation, however, shall be handled directly and privately and in a manner that does not interfere with the regulated methods of collection. No such person, partnership or corporation shall appropriate recyclable material placed for collection at curbside in accordance with this section.
[1967 Code § 12-2-4; Ord. No. 17-74 § 4; Ord. No. 15-87 § 1]
The Superintendent of Public Works, with the approval of the Business Administrator, is hereby authorized to promulgate additional rules and regulations relating to the separation, preparation, collection and times of collection of the recyclable materials pursuant to the provisions of this section; provided, however, such rules and regulations shall not be inconsistent with terms and provisions of this section and shall be approved by resolution of the Township Committee. Such rules and regulations shall be duly promulgated by publication so that the public has adequate notice thereof. Failure to comply with rules and regulations duly adopted pursuant to this section shall constitute a violation of this section.
[1967 Code § 12-2-5; Ord. No. 17-74 § 5; Ord. No. 15-87 § 1; Ord. No. 13-94 § 3]
From the time of placement of the recyclable materials herein defined and designated at the curb or other designated place for collection by the Township or its authorized agent pursuant to the provisions of this section and any rules and regulations duly adopted hereunder, the recyclable materials shall become and be the property of the Township or its authorized agent.
It shall be a violation of this section for any person not duly authorized by the Township to collect or pick up or cause to be collected or picked up any recyclable materials at the curb or other designated place for collection by the Township or its authorized agent pursuant to the provisions of this section. Any and each such unauthorized collection in violation of this section from one (1) or more residential or commercial premises shall constitute a separate and distinct offense punishable as hereinafter provided.
[1967 Code § 12-2-6; Ord. No. 17-74 § 6; Ord. No. 15-87 § 1]
Organizations recycling directly with a private contractor shall report annual tonnages of materials recycled during the previous year to the Township Recycling Coordinator within the first two (2) months of the next calendar year.
[New]
The intent of this subsection is to provide economical means for disposal of garbage and other refuse and return essential materials for reuse, prevent littering, control of vermin, limit factors which are inimical to the health of the residents of the Township, limit the time exposure of the waste containers to public view and, in general, limit the impact of this activity on the aesthetic values of our community.
[New]
Every occupant, whether as owner, tenant, or otherwise of any building or premises in the Township is hereby required to place or cause to be placed, not earlier than 7:00 p.m. of the day preceding that upon which the appropriate Municipal Department and/or its designated agent shall collect from the premises, at the edge of the street at or near the curbline of the street upon which the premises abut, but not so as to obstruct the drainage system, all ashes, garbage, rubbish, refuse matter and recyclable materials required to be collected and removed by the Department or other approved agencies. Nothing in this subsection, however, shall be deemed to apply to any occupant of premises who shall cause the collection and removal of such ashes, garbage, rubbish and other refuse matter to be performed by means of other than the municipal facilities, or its designated agent, unless such waste or other material is collected at the curb.
[New]
All ashes, garbage, and rubbish such as small paper containers and similar debris susceptible to such disposition shall be placed at the curb in suitable packaged containers that will prevent debris, such as paper, from being scattered by the wind. The container or contents should not emit odors that attract dogs or other animals to attack the package and scatter its contents. The container should be of a strength to resist the necessary handling of its contents without disruption for collection, even if wet. Unless the container is the disposable type, its contents should be conditioned so that it can be freely removed in the collection procedure regardless of weather conditions.
Water resistant disposable containers are permitted, thereby eliminating the necessity of returning containers after collection, which improves aesthetics, improves safety to traffic and decreases the cost of collection. Such disposable containers should be made of material that will withstand the collection operation and puncture by the contained material. Biodegradable material is preferred for such disposable containers as they disintegrate when landfilled and do not create operational problems when waste is reduced by incineration or other process.
[New]
It is required that the garbage, rubbish and wet refuse matter, after draining, be placed in containers separate from ashes. Hot ashes shall be allowed to cool before placement in containers for collection.
[New]
To prevent the emission of odors it is required that grease, meat scraps, fish and similar waste be suitably packaged in small closed containers before placing same in larger containers. This will be further assurance against attack by dogs or other animals resulting in a littered street area.
[New]
All vines and branches of trees shall be securely tied in bundles not over three (3') feet in length and convenient in size for handling. Weeds and lawn clippings will be collected when placed at the curb area in suitable water resistant disposable containers.
[New]
a. 
All newspapers and magazines shall be securely packaged in separate bundles convenient for handling and when for the purpose of specially scheduled curbside collection, on the date specified, for recycling it should be segregated from waste by a significant space.
b. 
All cardboard and cartons shall be reduced to not over three (3') feet in length and securely tied in bundles convenient for handling.
c. 
The purposes covered by paragraphs a and b above are directed to: simplification of the operation when these materials are collected as waste or specially scheduled curbside collection for recycling, reduction of the number of empty containers left at the curb after their contents are collected, removal of such items from cans as they frequently jam and interfere with the collection operation and effect a reduction in cost of collection and disposal. When residents deliver these materials to the recycling center, the income from sale and the savings in collection and disposal cost results in an appreciable reduction in the cost of the sanitary operations.
The savings in essential virgin materials and the elimination of possible pollution from this volume of waste are additional benefits derived from such cooperation by resident.
[New]
The Superintendent of Public Works with the approval of the Township Committee is authorized to specify other items to be packaged separately either for delivery to a designated recycling center by residents or other means of collection of such items.
Curb collection of waste and recyclable materials will be scheduled as to date and interval when each item will be collected.
[New]
a. 
Weight Limited. No container from which garbage, ashes, rubbish or other refuse matter may be collected and removed by the municipal facilities shall exceed fifty (50) pounds in weight, including contents.
b. 
Removal of Containers from Street. All containers from which contents have been collected by the Municipal Department shall be removed by the occupant not later than the same date of collection to a location not visible from the street. This provision applies regardless of location of container in the vicinity of the rights-of-way which includes driveway or other construction bridging the right-of-way. Windblown containers constitute a danger to vehicular traffic, and for that reason if used, they should be removed promptly from the street after the contents are collected.
[Ord. No. 2263-05 § 1]
The purpose of this section is to establish leaf collection regulations in the Township of Millburn in accordance with the Stormwater Management Regulations promulgated by the New Jersey Department of Environmental Protection.
[Ord. No. 2263-05 § 2]
As used in this Chapter:
LEAF BAGS
Shall mean biodegradable paper bags which can be composted together with leaves and have been approved by the Township. Excluded is any type of plastic bag.
LEAVES
Shall mean and include leaves generated from residential or commercial property located within the Township which have been source-separated from solid waste. Excluded is any type of brush, branches, twigs or grass clippings.
[Ord. No. 2263-05 § 2]
Collection of leaves by the Township shall be in accordance with the rules and regulations as promulgated by the New Jersey Department of Environmental Protection. A leaf collection system, including a schedule for the collection of leaves in the Township, shall be developed by the Department of Public Works and the Township Business Administrator.
[Ord. No. 2263-05 § 1]
All persons occupying residential or commercial property within the Township shall place leaves for collection in the manner provided for in this subsection 14-3.4:
a. 
On municipal roadways, leaves may be placed to the street for collection by the Department of Public Works only on those days designated for such placement by the Township.
b. 
On County roadways, leaves may be placed to the street collection by Essex County in accordance with the collection schedule developed by Essex County each year.
c. 
Leaves may be placed in biodegradable paper leaf bags and placed at the curb for collection by the Department of Public Works only on the first designated garbage collection day of the week.
d. 
Private landscapers and other businesses engaged by Township residents may haul leaves to a privately-owned compost facility.
e. 
The owners or occupants of property adjacent to a storm drain inlet shall not place any leaves within ten (10') feet of the inlet.
[Ord. No. 2263-05 § 1; Ord. No. 2331-09 § 3]
This Chapter shall be enforced by the Millburn Police Department, the Department of Public Works, the Recycling Coordinator and the Health Officer.
[Ord. No. 2263-05 § 1]
Any person who violates any section of this Chapter shall, upon conviction, be subject to a fine of five hundred dollars ($500.00) for the first offense, a fine of seven hundred fifty dollars ($750.00) for the second offense, and a fine of one thousand two hundred fifty dollars ($1,250.00) for any subsequent offense.