[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 10-6-2020 by Ord. No. 2020-13[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 47,
Garbage, Rubbish and Refuse, adopted 11-24-1970 by Ord. No. 13-70,
as amended.
This chapter shall be known as the "Rubbish and Recycling Ordinance
of Washington Borough."
For purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
All aluminum containers used for soda, beer and other beverages.
All automotive engine coolant consisting of a mixture of
ethylene glycol and water or propylene glycol and water.
Shingles and tar paper made of asphalt and used for roofing.
Wet-cell lead-acid batteries from automobiles, trucks, motorcycles,
tractors and lawn mowers.
Glass bottles and jars, aluminum cans, bimetal cans, tin
cans and plastic bottles.
The by-products of building contractors or demolition contractors
engaged in the business of the repair and construction of homes or
other buildings or structures; by-products or waste or any manufacturing
plant; all items traded in as merchandise from commercial retailers
and repair services; automobiles and vehicles or parts thereof.
An activity involving the sale of goods or services carried
out for profit.
Cardboard of the type used to make boxes and cartons, with
two outer layers and a waffle inner layer, and brown-paper (kraft)
paper bags.
Untreated wood, bricks, concrete, tree stumps, asphalt, pallets
and land-clearing debris.
Those materials designated within the current Warren County
District Solid Waste Management Plan to be source-separated for the
purpose of recycling. These materials include:
|
Designated Traditional Materials
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Designated Nontraditional Materials
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|---|---|
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Aluminum cans
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Antifreeze
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Computer paper
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Asphalt and concrete pavement, concrete bricks
|
|
Glass bottles and jars — three colors (clear, green and
brown)
|
Automotive batteries (lead-acid)
|
|
Corrugated cardboard
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Carpet
|
|
High-grade office paper — white
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Computers
|
|
Magazines and mixed paper
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Florescent tubes
|
|
Newsprint
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Laser and inkjet cartridges
|
|
Plastic bottles: PETE - clear and green (Type 1); HDPE - clear
and colored (Type 2)
|
Household batteries as identified in the County Plan
|
|
Steel cans/tin cans
|
Latex paint
|
|
Leaves and yard waste (brush, tree parts)
| |
|
Nontreated wood
| |
|
Oil filters
| |
|
Propane tanks
| |
|
Scrap metals (including junked autos)
| |
|
Source-separated metal
| |
|
Stumps
| |
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Textiles/clothing
| |
|
Tires
| |
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Used motor oil
| |
|
White goods (large appliances)
|
A computer central processing unit and associated hardware,
including keyboards, modems, printers, scanners and fax machines;
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 inches measured diagonally and that contains one or more circuit
boards, including a television, and cell phones.
All refuse, entrails and waste of animals and fish and all
vegetable matter which has been or was intended to be used as food;
all clam, oyster, crab and lobster shells; and all other material
so specified by the State of New Jersey.
All bottles and jars made from silica or sand, soda ash and
limestone, the product being transparent or semitransparent, with
or without color, excluding, however, blue and flat glass, window
glass, mirror glass, plate glass, crystal, stemware and light bulbs.
White bond, copier, computer or ledger paper made from wood
fibers. Excluded from this category are envelopes, colored paper,
carbon paper, magazines, newspapers, cardboard, and glossy papers.
Any chargeable or nonchargeable dry-cell batteries.
Paint with a water base.
All paper periodicals and catalogs and colored paper, envelopes
and junk mail, excluding plastic, cardboard, telephone books and carbon
paper.
Includes materials which would otherwise be classified as
solid waste, are not otherwise defined in this chapter, and are documented
as being recycled. It currently is limited to carpet, propane tanks,
laser and inkjet printer cartridges and florescent light tubes.
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 "hotels," "motels" 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 enforce the provisions of this
chapter and any rules and regulations promulgated hereunder.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the municipality
of the Borough of Washington which is not bulky waste or construction
and demolition debris.
Includes a cheap paper of the type commonly referred to as
"newsprint" and distributed at stated intervals, usually daily or
weekly, and having printed thereon news and opinions and containing
advertisements and other matters of public interest. Magazines, periodicals,
newsletters, hard-covered books and catalogs, as well as other paper
products of any nature, are not considered newspapers.
A detachable device in a motor vehicle which is part of the
lubrication system of an internal combustion engine used to decontaminate
oil that contains suspended impurities.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Polyethylene terephthalate containers (PET), high-density
polyethylene containers (HDPE), polyvinyl chloride containers (PBC)
and polypropylene containers (PP).
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 products.
All solid wastes, exclusive of vegetative wastes and recyclable
materials, consisting of both combustibles and noncombustibles, such
as paper, wrappings, cardboard, tin cans, rags, glass and other solid
waste of a nonvolatile or explosive nature, except commercial and
industrial wastes.
Ferrous and nonferrous metals, including junked automobiles.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
All disposal cans made of tin, steel or a combination of
ferrous metals, including, but not limited to, containers commonly
used for the storage of food products.
Used clothing, bedding materials, curtains and draperies
and other items made from cloth or cloth-like fabric.
Tires from automobiles, motorcycles, trucks, tractors and
bicycles.
Includes all leaves, grass and hedge clippings, straw, thatch,
tree branches not greater than four inches in diameter, plant stems
and roots, tree stumps not greater than 50 pounds in weight, shrubbery
and other similar material not meant for human consumption.
Oil drained from vehicle crankcases.
Appliances, such as washers, dryers, refrigerators, stoves,
dishwashers, air conditioners, trash compactors, water softeners and
water heaters.
A.
Establishment of utility. A municipal solid waste utility is hereby
established within the Borough of Washington, in the County of Warren,
for the collection and disposal of solid waste, to fix the amount
and charges for the use therefor and to provide rules and regulations
therefor. The municipal solid waste collection and disposal operation,
including any appurtenant structures, works, fixtures and equipment
relating thereto and all extensions and improvements thereof situated
in, constructed or acquired at public expense by the Borough of Washington
(the operation), shall hereafter be operated under the direction and
control of the Mayor and Council of the Borough of Washington as a
publicly owned municipal solid waste utility and shall, for accounting
purposes, be a separate entity having its own borrowing capacity,
its own separate accounts and its own separate property, whether real,
personal or mixed, within the meaning of N.J.S.A. 40A:4-33 and N.J.S.A.
40A:26A-1 et seq., amendments thereof and supplements thereto, and
all other provisions of other applicable laws.
B.
Garbage and refuse consisting of Type 10 and/or Type 13 municipal
wastes, except "commercial and industrial wastes" as defined herein
and except in excess of the amounts described/defined in herein, accumulated
in the Borough shall be collected, conveyed and disposed of by the
Borough or its duly authorized contractor for such purposes (hereinafter
collectively referred to as the "collector") in strict compliance
with the provisions of this chapter and any other applicable law,
rule, regulations, contract or ordinance.
C.
Each refuse generating unit, hereinafter "RGU" shall pay to the Borough
a quarterly fee to be established not less than annually by resolution
of the governing body for removal of "garbage" and "refuse" as defined
herein. Any commercial or industrial RGU or any multifamily residential
RGU consisting of five units or more wishing to opt out of garbage
and refuse collection shall be permitted to do so by providing proof
of service in the form of a current and valid contract with a solid
waste hauler holding a current and valid solid waste license issued
by the State of New Jersey. Further, the proof of service must indicate
garbage and refuse pickup of more than 95 gallons or 1/2 cubic yard
of Type 10 municipal waste per week.
D.
Past due amounts as lien. Garbage fees as provided herein shall be
a first lien or charge against the property billed for the services
rendered. Any part of the amount due and payable interest shall accrue
at a rate of interest equivalent of that established for delinquent
garbage fees pursuant to N.J.S.A. 40:48-2.14 Liens levied in accordance
with this section shall be enforceable in the manner provided for
real property tax liens in Section 5 of Title 54 of the Revised Statutes.
This chapter shall not prohibit the actual producers of refuse
or the owners of premises upon which refuse has accumulated from personally
collecting, conveying and disposing of such refuse or from contracting
with rubbish contractors, provided such producers or owners comply
with the provisions of this chapter and with any other applicable
law, rule, regulation or ordinance.
A.
Residential dwelling compliance requirements.
(1)
The owners/occupants of single-family and two-family dwellings shall
be responsible for compliance with this chapter.
(2)
For multifamily units, the management or owner is responsible for
setting up and maintaining the recycling system, including the designation
of a building/complex recycling coordinator who will oversee the recycling
system which includes the collection of recyclable materials.
(3)
Delinquent payments and suspended service. At any such time where quarterly payment(s) become(s) past due, collection/pickup will be suspended immediately and without further notice. Owners/occupants of residential dwellings and/or commercial establishments without collection service will be required to remove or otherwise dispose of any and all refuse, rubbish or solid waste from the premises within 72 hours after the receipt of written notice to that effect. In the event the Borough finds it necessary to provide services for the removal or destruction of the solid waste when the owner or tenant refuses or neglects to remove or destroy the solid waste in the manner and within the time required by this chapter §§ 47-4 and 47-5(3), service fees will continue to accrue and past due amounts shall be a first lien or charge against the property billed for the services rendered as set forth in this chapter § 47-3.
(4)
Violations and penalties notices will be directed to the owner, occupant
or management in those instances where the violator is not easily
identifiable. The management shall issue notification and collection
rules to new tenants when they arrive and every six months during
their occupancy.
B.
Commercial establishment compliance requirements.
(1)
All commercial, business or industrial facilities shall be required
to comply with the provisions of this chapter.
(2)
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or his designee, unless the municipality provides for
the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoors litter
receptacles and disposal service for their contents shall also provide
receptacles for designated recyclable materials, for those materials
commonly deposited, in the location of the litter receptacle, and
shall provide for separate recycling service for their contents.
(3)
Annually, every business, institution or industrial facility shall
report to the Municipal Recycling Coordinator the recycling activities
undertaken at its premises, including the amount of recycled material,
by material type, collected and recycled and the vendor or vendors
providing recycling service. The forms to be used will be provided
by the Municipal Recycling Coordinator.
(4)
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 processing
of food or food products and maintain such records as may be prescribed
for inspection by any Code Enforcement Officer.
[Amended 1-8-1985 by Ord.
No. 24-84]
Garbage and refuse accumulated in the Borough shall be collected,
conveyed and disposed of by the collector under the supervision of
the Borough Manager. The Mayor and Common Council shall have the authority
to make necessary and reasonable rules and regulations concerning
the days and times of collections, type and location of waste containers
and such other matter pertaining to the collection, conveyance and
disposal of refuse and other materials as the Mayor and Council find
necessary in the public interest. The Borough Manager shall be responsible
for implementing any rules and regulations as adopted.
Garbage, recyclables and refuse shall be prepared for collection
in accordance with the provisions hereof.
A.
The Borough shall provide the use of one ninety-five-gallon black
garbage cart and one ninety-five-gallon green recycling cart to each
RGU. Carts are the property of the Borough and shall remain with the
real property to which they are assigned. Upon sale of the real property
the cart shall be conveyed with the real property in the same manner
as any improvements upon the property. Each RGU existing at the establishment
of this chapter shall be issued one garbage cart and one recycling
cart at the Borough's expense as will any RGU created after the passage
of this chapter. Replacement of any garbage or recycling cart thereafter
shall be at the expense of the RGU. The fee for replacement of any
garbage or recycling cart shall be established not less than annually
by resolution of the governing body.
B.
Excluding "bulk items" as defined herein with properly affixed stickers,
all garbage and refuse must be placed and contained within the Borough-issued
garbage cart. Nonbulk items placed outside of the Borough-issued garbage
cart will not be collected and shall be subject to enforcement actions
as provided herein.
C.
All garbage, before being placed in the container for collection,
shall have drained from it all free liquids or must be securely bagged.
D.
All rubbish shall be drained of excessive liquid before being deposited
in the container for collection.
E.
All recyclables as defined herein shall be deposited into container
provided by the Borough in a manner consistent with single-stream
or fully commingled recycling.
F.
Metal, glass, and plastic containers shall be cleaned and have all
paper or plastic labels removed.
G.
All glass shall have metal rings and caps removed and must be cleaned.
H.
Any single-stream recyclables in excess of the capacity of the allotted
ninety-five-gallon container issued by the Borough shall be placed
in heavy-duty plastic or galvanized metal containers provided by the
RGU which shall not exceed 32 gallons in capacity and shall not exceed
50 pounds in weight. Single-stream recyclables placed curbside without
a container shall not be picked up.
I.
Grass clippings, hedge clippings, leaves, straw, thatch, plant stems
and roots and similar material shall be placed in kraft-type bags
or heavy-duty plastic or galvanized metal containers provided by the
RGU whose overall capacity shall not exceed 32 gallons in capacity
and further shall not exceed 50 pounds in weight. All items in this
section must be separated from all other garbage, refuse and recyclable
materials.
J.
Tree branches not in excess of four inches in diameter and not more
than four feet in length may be placed in heavy-duty plastic or galvanized
metal containers provided by the RGU whose overall capacity shall
not exceed 32 gallons in capacity and further shall not exceed 50
pounds in weight. Alternatively, tree branches not in excess of four
inches in diameter and four feet in length may be securely tied with
twine consisting of natural fibers only in bundles which shall not
exceed 50 pounds in weight.
K.
All white goods shall be considered bulk or Type 13 waste and separated
from all other garbage, refuse, recyclable materials and vegetative
wastes. Refrigerators and freezers shall have doors or latches removed
prior to placement outside of any building. Refrigerators, freezers,
air conditioners and dehumidifiers are not eligible for collection
unless written documentation of the removal of coolant by a certified
refrigeration technician has been prominently affixed to the unit
when placed curbside for collection in addition to a bulk waste sticker
as described herein.
L.
Batteries of the dry-cell type shall be placed in sealed plastic
bags and brought to an authorized drop-off center for disposal and
may not be placed out at curbside for collection. Wet-cell automotive
batteries must be brought to an authorized recycling center and may
not be placed out at curbside for collection.
[Amended 4-16-1996 by Ord. No. 4-96]
M.
Loose asphalt roofing material and loose demolition waste, including,
but not limited to, broken drywall, plywood, or wallboard, loose insulation,
concrete, blacktop, or other masonry rubble, must be brought to an
authorized solid waste facility authorized to recycle or process such
waste for use, and this waste may not be placed out at curbside for
collection. Large intact items, such as fixtures (tubs, toilets, sinks,
cabinets, doors, windows, etc.), shall be disposed of as bulk or Type
13 waste with a sticker properly affixed as described herein.
N.
Latex paint may be dried by adding sand or soil to cans such that
no liquid remains inside. Completely dried cans of latex paint only
may be disposed of as Type 10 waste in the Borough-provided garbage
container only.
O.
Scrap metal shall be free from all contamination from nonmetallic
sources, such as ceramic material, glass, plastic, cloth or other
such material. Small quantities of scrap metal not in excess of 60
pounds in weight and no greater than six feet in height may be placed
out at curbside for collection. Junk automobiles or automobile parts,
heavy iron, scrap metal from construction or demolition projects and
oversize or overweight scrap metal must be brought to a licensed scrap
metal dealer or auto salvage facility and may not be placed at curbside
for collection.
A.
"Bulk or Type 13 waste" is defined herein as large items of waste
material, such as appliances, mattresses, children's toys and furniture
or other single items which, due to their size, cannot be placed inside
the ninety-five-gallon garbage container provided by the Borough.
B.
Bulk or Type 13 waste items shall be placed adjacent to the ninety-five-gallon
garbage container issued by the Borough with a "Bulk Waste Sticker"
as defined herein affixed to said item and prominently displayed facing
out toward the curb in full view of the collection personnel.
C.
Bulk waste stickers shall be issued by the Borough for a fee to be
established by resolution not less than annually by resolution of
the governing body. Each bulk waste sticker shall be valid for one
item and shall be valid on any day designated as a bulk waste collection
day by the Borough. Bulk waste stickers shall not expire and shall
not be refundable.
D.
Bulk or Type 13 waste shall not be permitted to be containerized
or grouped in a manner so as to allow for the disposal of multiple
items with one bulk waste sticker.
E.
No person shall bring garbage, litter, refuse, rubbish or other waste
into the Borough of Washington for the purpose of disposing of the
same in the Borough of Washington, nor shall any person place garbage,
litter, refuse, rubbish or other waste generated outside of the Borough
of Washington in any public waste receptacle of the Borough of Washington
or in any private receptacle subject to collection and disposal by
the Borough of Washington or its duly authorized contractor for such
purposes, except that it shall not be illegal to deposit small amounts
of garbage, trash, rubbish or litter generated locally or in the course
of travel, such as newspaper, food, retail beverage and food containers
and wrappings, and other similar items, in public waste receptacles.
A.
No person shall place any garbage or industrial wastes in any street,
alley or other public place or upon any private property, whether
owned by such person or not, except in proper containers for collection;
neither shall any person throw or deposit any garbage, refuse or industrial
waste in any stream or storm drain.
B.
Any accumulation of refuse on any premises, except in the manner
herein provided, is hereby declared to be a nuisance and is prohibited.
Failure to remove any existing accumulation of refuse within 30 days
after the effective date of this chapter shall be deemed a violation
of this chapter.
C.
No person shall cast, place, sweep or deposit any grass clippings,
brush, sod or other refuse in such a manner that it may be carried
or deposited by the elements upon any street, sidewalk, alley, sewer,
parkway or other public place within the Borough hereafter.
D.
No person shall bring garbage, litter, refuse, rubbish or other waste
into the Borough of Washington for the purpose of disposing of the
same in the Borough of Washington, nor shall any person place garbage,
litter, refuse, rubbish or other waste generated outside of the Borough
of Washington in any public waste receptacle of the Borough of Washington
or in any private receptacle subject to collection and disposal by
the Borough of Washington or its duly authorized contractor for such
purposes, except that it shall not be illegal to deposit small amounts
of garbage, trash, rubbish or litter generated locally or in the course
of travel, such as newspaper, food, retail beverage and food containers
and wrappings, and other similar items, in public waste receptacles.
E.
No person shall deposit household or commercial garbage in the public
waste receptacles of the Borough of Washington, except as otherwise
provided by law.
F.
No person who has his or her garbage, litter, refuse, rubbish or
other waste collected by the Borough of Washington shall accept for
disposal garbage, litter, refuse, rubbish or other waste generated
outside the Borough for the purpose of having it collected and/or
disposed of by the Borough of Washington or its duly authorized contractor.
A.
The Borough shall collect and dispose of not more than one ninety-five-gallon
container of Type 10 waste, per RGU, per week.
B.
Each RGU shall be permitted to dispose of an unlimited amount of
"Type 13 or bulky waste" as defined herein per designated collection
day, provided that the Type 13 waste has bulk waste stickers properly
affixed thereon.
C.
Type 13 or bulky waste stickers shall not be utilized to dispose
of Type 10 or regular municipal waste in excess of the ninety-five
gallons allotted per week.
Each RGU desiring to have garbage, refuse, recyclable materials
and/or vegetative wastes collected by the Borough or its agents shall
prepare the same for collection as prescribed herein at the roadside
no earlier than 6:00 p.m. the night before or prior to 5:00 a.m. on
the day designated for the collection area. All containers must be
placed at the roadside not later than 6:00 a.m. on the day of collection.
Containers may not be left at the roadside after collection. The owner
or occupier of the premises is responsible to make sure containers
are accessible for collection purposes and that the containers are
properly stored away from the roadside when not placed for collection.
A.
Highly flammable, corrosive or explosive materials shall not be placed
in containers for collection but shall be disposed of by the owner
at the expense of the owner or possessor thereof.
B.
The Manager is hereby authorized and directed to promulgate rules
and regulations for the disposal of household furnishings and waste
material not included within the definition of "refuse," where such
waste material originates within Washington Borough. Any person desiring
to dispose of such waste shall do so in strict accordance with such
rules and regulations and in accordance with the statutes of New Jersey.
C.
The actual producers of refuse or the owners of premises upon which
refuse is accumulated who desire personally to collect and dispose
of such refuse, persons who desire to dispose of waste material not
included in the definition of "refuse," and collectors of refuse from
outside of the Borough who desire to haul over the streets of the
Borough shall use a watertight vehicle provided with a tight cover
and so operated as to prevent offensive odors escaping therefrom and
refuse or waste material from being blown, dropped or spilled therefrom.
Disposal of items, such as and similar to automobiles, vehicles,
parts of vehicles, tires, building materials, sod, soil, concrete,
large tree limbs, tree stumps, tree trunks, commercial and industrial
wastes shall be the responsibility of the producers or owners thereof.
A.
Curbside collection of Type 10 waste in all areas of the Borough
shall be conducted once per week.
B.
Curbside collection of Type 13 waste in all areas of the Borough
shall be conducted once per week coinciding with curbside collection
of Type 10 waste. Type 10 waste shall not be collected at any other
time.
C.
Curbside collection of single-stream recyclables in all areas of
the Borough shall be conducted once per week.
D.
Curbside collection of grass, leaves, branches, brush and other vegetative
waste in all areas of the Borough shall be conducted once per week
seasonally with the exact dates of collection to be determined annually
by the Borough Manager in consultation with the Borough Council and
Department of Public Works Supervisor.
E.
The Borough of Washington shall publish, at least annually, a comprehensive
schedule and regulation set for all recycling, garbage and bulk trash
collections within the Borough.
A.
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 not be limited to, retail and other
commercial locations, as well as government, schools and other institutional
locations within the municipality of the Borough of Washington, 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. Designated recyclable materials shall be taken to an authorized
recycling center or, for recyclable materials for which curbside pickup
is provided, placed separately at the curb in a manner and on such
days and times as may be hereinafter established by regulations promulgated
by the Borough of Washington.
B.
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 the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source-separate from
the municipal solid waste stream the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this section, 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 this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials; and 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 Municipal Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
A.
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with or contains visible signs of designated recyclable
materials. It is also unlawful for solid waste collectors to remove
for disposal those bags or containers of solid waste which visibly
display a warning notice sticker or some other device indicating that
the load of solid waste contains designated recyclable materials.
B.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this chapter and the local sanitary
code.
C.
Once placed in the location identified by this chapter or any rules
or regulations promulgated pursuant to this chapter, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove or otherwise handle designated recyclable materials. Each such
instance of tampering, collection, removal or handling of designated
recyclable materials in violation hereof shall constitute a separate
and distinct violation of this chapter.
A.
Any application to the Planning Board of the Borough of Washington
for subdivision or site plan approval for the construction of multifamily
dwellings of three or more units, single-family developments of 50
or more units, or any commercial, institutional or industrial development
for the utilization of 1,000 square feet or more of land must include
a recycling plan. This plan must contain, at a minimum, the following:
(1)
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development.
(2)
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
(3)
Provisions shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
B.
Prior to the issuance of a certificate of occupancy by the Borough
of Washington, the owner of any new multifamily housing or commercial,
institutional or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the municipality does not otherwise provide this service.
The Municipal Board of Health, the Recycling Coordinator, the
Zoning Officer, the Building Inspector, the Housing Officer, or other
code enforcement officer, the Police Department serving the Borough
of Washington, and the Warren County Department of Health are hereby
individually and severally empowered to enforce the provisions of
this chapter. An inspection may consist of sorting through containers
and opening of solid waste bags to detect, by sound or sight, the
presence of any recyclable material or any material otherwise prohibited
for disposal by this chapter, or in a manner prohibited by this chapter.
A.
Any person, corporation, occupant or entity that violates or fails
to comply with any of the provisions of this chapter shall, upon conviction,
be punished for each offense by a fine not to exceed $2,000, by imprisonment
for a term not to exceed 90 days in the county jail, or by a period
of community service not exceeding 90 days.
