[Adopted 6-10-1971[1]; amended in its entirety 12-19-2019 by Ord. No. 2019-15]
As used in this article, the following terms shall have the
meanings indicated:
Includes the solid residue after combustion from material
used as fuel for heating and cooking purposes.
A structure that contains one or more units.
Trash that is generated from the ordinary housekeeping operations
of a residential unit. Bulk waste is items of trash, debris, or discarded
household furniture, equipment or other items not falling within the
definition of solid waste or recyclables, which shall not fit in the
trash container assigned to the resident. Examples of bulk waste include,
but are not limited to, couches, chairs, mattresses, box springs,
tables, carpeting in lengths of four feet to five feet tied in bundles
of less than 50 pounds, padding and the like. Bulk waste must be generated
by the customer at the residential unit where it is being collected.
Bulk trash does not include contractor generated waste, exempt items
and storm debris.
A container designed to be mechanically emptied by an automated
or semiautomated collection vehicle.
The person or person appointed by the municipal governing
body who shall be authorized to, among other things, enforce the provisions
of this article, and any rules and regulations which may be promulgated
hereunder.
More than the allotted trash as defined under bulk trash
limits.
All designated commercial retail, wholesale, institutional,
markets and manufacturing facilities, including, but not limited to,
taverns, restaurants, churches, offices, professional offices, day
care and private schools and facilities, strip stores, farms and construction
and demolition projects, building and projects.
A property that contains more than one building.
A roll off, dumpster, cart, can or bag designed to receive
and accept solid waste or recyclable materials and prevent spillage
of its contents.
The area adjoining the curbline of the street.
Original copies, receipts or letters in the form of certified
weight receipts or a signed business form letter that shall include
the name of the end market or markets and or disposal facility or
facilities, the hauler and the generator and shall show the dates
and quantity/weights of solid waste and or recycled material.
Placement of any form of solid waste or recyclables equal
to or more than 0.148 cubic yard of solids or 30 US gallons of liquid
not placed in a public receptacle or in authorized private receptacle
for collection, upon any street, sidewalk or private or public property.
A container designed to be mechanically emptied. These dumpsters
must have lids.
A computer central processing unit and associated hardware,
including keyboards, modems, printers, scanners, fax machines, VCR
and DVD players, radios, rechargeable batters, TVs, electronic components
and the like.
A place where people live or conduct business.
Including, but not limited to, motors oils, oil base paint,
paint thinners, cleaners, pesticides, and any other item designated
by the Federal or State Environmental Protection Agency as to special
handling.
A product too large to fit into a cart/container or plastic
bag.
A facility designed exclusively to accept solid waste, designed
and permitted to meet all Federal and New Jersey Environmental Protection
Agency rules and standards.
Placement of any form of solid waste or recyclable material
of less than 0.148 cubic yard of solid or 30 US gallons of liquid
not placed in a public receptacle or in authorized private receptacle
for collection upon any sidewalk, or private or public property.
Including, but not limited to, any solid waste which is generated
in the diagnosis, treatment (for example, provision of medical service)
or immunization of human beings or animals in research pertaining
thereto or in the production of testing biologicals. The term does
not include any hazardous waste identified or listed under 40 CFR
Part 261 or any household waste generated from home self-care as defined
in this section.
Any building or structure or complex of buildings in which
three 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 motels, hotels or other guest houses
serving transient or seasonal guests as those terms are defined under
Subsection j of Section 3 of the Hotel and Multiple Dwelling Law,
P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this article, and any rules and regulations which may
be promulgated hereunder.
All designated municipal buildings, parks, public events,
public school facilities, fire and ambulance facilities.
A person or persons, partnership or partnerships, corporation
or corporations, or any other entity due to his or its status as an
owner or lessee of a property in the Borough of Wenonah.
Includes any and all person(s), partnership(s), corporation(s)
or any entity.
A bag designed to hold solid waste or recyclable materials.
Those materials which would otherwise become solid waste,
and which may be collected, separated or processed and returned to
the economic mainstream in the form of raw materials or product.
FERROUS AND NONFERROUS METAL AND APPLIANCESWashers, dryers, dishwashers, ovens, hot-water tanks, hot and cold tanks, gas/oil/electric heaters, empty gas tanks, bicycles, metal shelves, storage cabinets, auto parts, metal lawn equipment, or other large appliance commonly referred to as "white goods."
OZONE-DEPLETING COMPOUNDS (FREON)Items containing chlorofluorocarbons (CFCs) and other ozone-depleting compounds (ODCs), examples which include air conditioners, refrigerators and freezers.
CANSAluminum, steel, tin and bimetal containers and foil. Labels may be left on.
GLASSAll bottles, jars and jugs made from silica or sand, soda ash and limestone and used for packaging or bottling or the holding of various matter. Clear, green, brown and other colors are included. This shall not include ceramics, window glass, light bulbs, cooking ware or mirrors.
PLASTICSAll bottles, jars and jugs commonly marked as "PET(1)" and "HDPE(2)." Rings, caps and labels may be left on. This shall not include tubs or other items not considered a bottle, jar or jug.
PAPERAll uncontaminated corrugated boxes and panels, newspaper, magazines, books, junk mail, chipboard, computer paper, office paper, copy paper, school paper, etc. This shall not include paper that is treated, waxed or contaminated so as to be a health concern or problem.
BATTERIESWet cell automotive, motorcycle and boat batteries. Commonly found in six-, twelve-, and twenty-four-volt charges.
OILSMotor and transmission oils.
OIL FILTERSOil and transmission filters made in a metal container.
TIRESPassenger and truck tires and tubes.
VEGETATIVE YARD WASTELeaves, grass, branches, shrubs, small stumps, bushes, hedge trimmings and weeds.
MASONRYAll products generally used in the construction of buildings, including, but not limited to, bricks, cinder blocks, asphalt, concrete, rock and stone.
OTHERAdditionally, all businesses are encouraged to examine their operation for any additional item or items, including, but not limited to, food waste and other plastics that can be recycled over and above the items mandated by these regulations.
All designated single-family and multifamily buildings of
two or more separate living units.
A container that is designated to be removable from a vehicle
or chassis.
Consisting of solid waste types 10, 13, 13A, 23, 25 and 27,
as defined by the New Jersey Department of Environmental Protection
Agency, N.J.A.C. 7:26-2.13.
(Also known as "resource recovery facility" and "waste to
energy facility".) A facility designated exclusively to accept solid
waste for incineration and designed and permitted to meet all Federal
and New Jersey Environmental Protection Agency rules and standards.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purpose of recycling.
Recycling materials which are separated at the point of generation
by the generator thereof from solid waste for the purpose of recycling.
All public highways, avenues, streets, lanes, boulevards,
circles, terraces, drives and public roads, whether dedicated or not,
within the limits of the Borough of Wenonah.
A bundle should be used for the collection and removal of
solid waste or recyclable.
A single commercial, municipal or residential establishment.
A.Â
The Borough
Council shall have the power, if in its opinion it is more advantageous
to have the garbage, recyclables and other animal and vegetable refuse
collected, removed and disposed of by other persons other than authorities
of the Borough, to make a contract or contracts for such work or any
portion thereof with any individual or individuals, corporation or
corporations or government entity. Before making such contract or
contracts, the Borough Council shall first adopt specifications for
doing of the work in a sanitary and inoffensive manner. Said contract
shall be entered into and made only after bids thereof have been advertised
according to law and then only to the lowest responsible bidder or
bidders unless contracting with another government entity under N.J.S.A.
40A:64-1 et seq. The bidder or bidders to whom the contract is awarded
shall give satisfactory bond or other security for the faithful performance
of the work except government entities which shall be exempt from
this requirement. The contract shall include and, in all respects,
conform to the specifications adopted for doing the work.
B.Â
The Borough
Council shall have the power, if in its opinion it is more advantageous,
to have the garbage, recyclables and other animal and vegetable refuse
collected, removed and disposed of by another municipality or municipalities
through a shared service agreement/interlocal agreement. The shared
service/interlocal agreement shall meet the requirements of the collection
and disposal of garbage, recyclables and animal and vegetable refuse
as specified within the promises and of the covenants, terms and conditions
as mutually agreed upon by both parties within the service agreement.
C.Â
Combined
trash and recycling collection, removal and disposal will be available
by the Borough of Wenonah from all places and establishments of the
commercial, municipal and residential sectors.
D.Â
Combined
trash and garbage collection, removal and disposal will not be furnished
for the following: warehousing, manufacturing, processing, transportation,
construction or servicing businesses and/or any business which, by
nature, creates or results in unusual quantities of trash and garbage.
All commercial establishments on a single block and lot are considered
to be one establishment under this provision. Commercial properties
that do not fall into these categories will be provided one receptacle.
A.Â
Mandatory
source separation. It shall be mandatory for all persons who are owners,
tenants or occupants of residential and nonresidential premises, which
shall include, but is not limited to, retail and other commercial
establishments and locations, as well as government, schools and other
institutional locations within the municipality of the Borough of
Wenonah, to separate designated recyclable materials from all solid
waste. Designated recyclable materials shall be deposited separate
and apart from other solid waste generated by the owners, tenants,
or occupants of such premises and shall be placed separated at the
curb in a manner and on such days and times as may be hereinafter
established by the regulations promulgated by the Borough of Wenonah.
B.Â
Exemptions.
Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of a municipality
may exempt persons occupying commercial or institutional premises
within its municipal boundaries from the source separation requirements
of this article which require a person generating municipal solid
waste within its municipal boundaries to source separate from the
municipal solid waste stream the specified recyclables materials if
those persons otherwise provided for the recycling of all designated
recyclable materials. To be eligible for an exemption pursuant to
this article, a commercial or institutional generator of solid waste
shall file an application for exemption with the Municipal Recycling
Coordinator on forms to be provided for the purpose. The form shall
include, at a minimum, the following information:
(1)Â
The
name of the commercial or institutional entity;
(2)Â
The
street address, location and block and lot designation;
(3)Â
The
name, official title and phone number of the person and telephone
number of the person making the application on the behalf of the commercial
or institutional entity;
(4)Â
The
name, address and official contact person and telephone number of
the facility which provides the service of recycling those designated
recyclable materials; and
(5)Â
A certification
that the designated recyclable materials will be recycled and that,
at least on an annual basis, said recycling service provider or commercial/institutional
generator shall provide written documentation to the Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
The following materials shall be designated recyclables from
the commercial, municipal, institutional and residential sectors:
ozone-depleting compound appliances, ferrous and nonferrous metals,
glass, cans, plastics, paper, newspaper, glass bottles and jars, aluminum
cans and containers, bimetal cans, plastic containers (PET No. 1 and
HDPE No. 2 plastics), corrugated cardboard, cereal boxes, junk mail,
magazines and catalogs, office paper, vegetative yard waste, clean
wood waste, used motor oils, tires, and electronic waste such as computers
and their components, televisions, stereos, DVDs, CD players, VCRs,
telephones, and the like. The Borough shall incorporate any changes
made to recycling requirements by the State of New Jersey by statute
or regulation.
A.Â
Municipal
collection. The collection, removal and disposal of all designated
materials as determined by the Borough shall be collected by a contractor,
the Borough or other agency as designated by the Borough of Wenonah
on a schedule determined by the collector and the Borough Council.
B.Â
Collection
vehicles are granted permission to travel on one-way streets in either
direction for the purpose of collection only.
C.Â
Owners,
occupants or lessees residing within the Borough of Wenonah shall
place containers curbside not earlier than 6:00 p.m. on the day preceding
collection. All containers shall be removed from the curbside as soon
as practical but no later than 7:30 p.m. the day of the collection.
All solid waste from special events shall be removed within 24 hours
of their completion.
D.Â
All containers
and dumpsters shall be maintained in a clean and safe manner.
E.Â
Garbage,
rubbish and other material which is normally set out along the curb,
streets or sidewalks for collection or removal shall not be deposited
in the Borough trash containers provided by the Borough on public
property and elsewhere for occasional use by the general public for
deposit of paper, trash and such like material.
F.Â
Bulk waste
shall be collected once per month as designated by the Borough. Residents
are required to call the Borough Office (856-468-5228) prior to the
schedule collection date to be placed on the collection list.
G.Â
Metal and
e-waste recycling shall be collected only according to the Borough
schedule. Residents are required to call the Public Works Department
(856-468-5300) prior to the scheduled collection date to be placed
on the collection list.
A.Â
Residential
household waste containers shall be provided by the Borough to the
occupant, owner or tenant of the property. Receptacles or containers
not provided by the Borough shall not be subject to municipal collection
and the occupant, owner or tenant shall be responsible for their collection
and disposal.
B.Â
Containers
used for commercial, institutional, construction, demolition or special
events shall be subject to the contractual agreement between the hauler
and the customer.
A.Â
All solid
waste shall be placed in waste disposal container (trash cans, trash
bags, dumpster) and secured to prevent easy access of vermin, pests
and household pets.
B.Â
No waste
disposal containers shall be filled to the point of overflowing.
C.Â
Trash and
recycling carts are to be placed at the curb at least four feet apart
from each other and clear of any stationary objects, including cars,
trees, electrical boxes, mailboxes, and the like.
D.Â
Debris or
litter on or around trash containers or around construction or demolition
projects shall not be accumulated or stored in such a manner that
it is likely to be removed by natural forces onto adjacent properties.
E.Â
Hazardous
waste and medical biohazard waste shall be disposed of separately
according to Federal (40 CFR 261) or New Jersey Department of Environmental
Protection (N.J.A.C. 7:26-7) disposal regulations.
A.Â
The Borough
shall provide trash and recycling containers to the residents and
qualifying businesses. The containers are not to be overloaded nor
exceed the specified weight limit as recommended by the container
manufacturer which is 50 pounds for each container.
B.Â
Borough-issued
containers are the property of the Borough. If a container needs to
be replaced due to misuse, unusual damage (outside of wear and tear),
lost or stolen or the like, it will be the financial responsibility
of the homeowner/property owner to reimburse the Borough for the cost
of the container. In the event of nonpayment to the Borough, the Borough
shall have the right to place a lien on the property for the cost
of the replacement container/containers.
C.Â
Residents
shall be permitted to purchase additional containers from the Borough
for a cost of $65 per container.
A.Â
Residential
sector. All solid waste and recyclable materials placed for collection
shall be placed at the curb according to the instructions from the
Borough of Wenonah.
B.Â
Municipal
sector. All solid waste and recyclable materials placed for collection
shall be placed at the curb or loading zone according per the instructions
from the Borough of Wenonah.
C.Â
Commercial
sector. All solid waste and recyclable materials placed for collection
shall be placed at the curb according to the instructions from the
Borough of Wenonah.
A.Â
All solid
waste must be properly contained and disposed. No commercial or residential
solid waste shall be disposed of in public or unauthorized private
container.
B.Â
All contractors,
construction and demolition projects or jobs must provide their own
solid waste and recycling material containers/dumpsters and arrange
for removal and proper disposal.
C.Â
All commercial
building or residential home cleanouts must provide their own solid
waste/recycling material containers/dumpsters and arrange for removal
and proper disposal.
D.Â
All rental/leased
commercial or residential property cleanouts must provide their own
solid waste/recycling material containers/dumpster and arrange for
removal and proper disposal.
A.Â
All documentation
shall be included with the recycling report. All commercial establishments,
cleaning firms or such private hauler responsible for removal of recyclable
materials must file completed recycling reports with the Recycling
Coordinator. Recycling reports shall be submitted to the Borough Recycling
Coordinator as per the following schedule: report period January 1
to December 31, due date February 1 for previous year.
B.Â
All construction
and demolition projects shall be required to complete an ORM form
and submit it along with a request for a permit. The person who signs
the form regarding the project shall be responsible for filing solid
waste and recycling documentation when the project is completed or
at the end of the calendar year, whichever is first.
C.Â
All documentation
of recycled materials and solid waste from special events shall be
submitted to the Borough's Recycling Coordinator no later than 24
hours from the completion of the event.
A.Â
All commercial
and institutional generators of solid waste shall be required to comply
with the provisions of this article.
B.Â
The arrangements
for the collection of designated recycling materials hereunder shall
be the responsibility of the commercial, institutional or industrial
property owner or its designee, unless the Borough provides for the
collection of designated recyclable materials. All commercial, institutional
or industrial properties which provide outdoor litter receptacles
and disposal service for their contents shall all so provide receptacles
for designated recycling materials, for those materials commonly deposited
in the location of the litter receptacles and shall provide for separate
recycling service for those contents.
C.Â
Every business,
institution or industrial facility shall report on an annual basis
to the Recycling Coordinator, on such forms as may be prescribed,
on recycling activities at its premises, including the amount of recycled
materials, by material type, collected and recycled and the vendor
or vendors providing recycling service. Recycling reports shall be
submitted to the Recycling Coordinator as per the following schedule:
report Period January 1 to December 31, due date February 1 for previous
year.
D.Â
All construction
and demolition projects shall be required to complete an ORM form
and submit it along with a request for a permit. The person who signs
the form regarding the project shall be responsible for the filing
solid waste and recycling documentation when the project is completed
or at the end of the calendar year, whichever is first.
E.Â
All food
service establishments, as defined in the Health Code, shall in addition
to compliance with all other recycling requirements be required to
recycle grease and or cooking oil created in the process of food or
food products, and to maintain such records as may be prescribed for
the inspection by any code enforcement officer.
A.Â
From
time of placement at the designated loading/storage area described
herein for the collection by the Borough of Wenonah, in accordance
with the terms hereof, items shall be become the property of the Borough
of Wenonah or its authorized agent.
B.Â
It shall
be a violation of this article for any person, firm, charity, corporation,
partnership or employee to collect, pick up or cause to be collected
or picked up any recyclable items placed for collection by the Borough
of Wenonah or its authorized agent.
C.Â
Any and
each collection in violation hereof from one or more properties shall
constitute a separate and distinct offense.
A.Â
It shall
be unlawful to combine designated, unsoiled recyclables with other
solid waste. Failure to source separate designated materials for recycling
is a violation of this article.
B.Â
It shall
be unlawful for solid waste collectors to collect solid waste that
contains visible signs of designated recycling materials. It is also
unlawful for solid waste collectors to remove for disposal those bags
or containers of solid waste and or recycling materials which visibly
display a warning notice indicating that the load is solid waste containing
designated recyclable materials and therefore should not be removed
for disposal.
C.Â
Once
placed in the location identified by this article, or any rules or
regulations promulgated pursuant to this article, no person, other
than those authorized by the Borough, shall tamper with, collect,
remove or otherwise handle designated recyclable materials.
D.Â
No person shall sweep into or deposit in the gutter, street, catch basin or other public place any accumulation of grass clippings or other material from any public or private sidewalk or driveway, with the exception of leaves in accordance with Chapter 27.
E.Â
No person
shall burn trash or designated recyclables without a permit issued
by the New Jersey Department of Environmental Protection or its authorized
agent.
F.Â
No person
shall place or deposit household or commercial solid waste or recyclable
material in sidewalk receptacles or in unauthorized private or Borough
containers.
G.Â
It shall
be unlawful for any unauthorized person to deposit trash or recyclables
at the Borough facility.
H.Â
It shall
be unlawful to violate any other provision of this article.
A.Â
Private
receptacle. Any privately owned/leased receptacle used by any person
other than the owner/lessor without the express permission of the
owner owner/lessor shall constitute an unauthorized use.
B.Â
Public
receptacle. Any publicly owned/leased receptacle used by any person
other than the owner/lessor without the express permission of the
owner/lesser shall constitute an unauthorized use.
The following shall constitute an unauthorized landfill:
No person, firm, charity, corporation, partnership or employee
shall collect, pick up or cause to be collected or picked up any recyclable
item placed for collection by the Borough or its authorized agent.
Any solid waste or recyclable materials spilled on the streets
or public places in the Borough shall be immediately picked up and
or cleaned up and left in an orderly fashion. All containers after
being emptied shall be returned with lids, if any, in an orderly manner
to the original container placement.
Any person who violates any of the provisions of this article
shall, upon conviction thereof, be subject to a fine not exceeding
$500 or to imprisonment in the county jail for a period not exceeding
90 days, or both.