[Adopted 3-1-2023 by Ord. No. 2023-02]
The purpose of this article is to regulate and control the collection, disposition and transportation of waste and materials generated within the Township of West Deptford, and to provide for fines and penalties for the violation thereof.
As used in this article, the following terms shall have the meanings indicated:
BULKY WASTE
All bulky waste generated by any residence/dwelling unit as defined by N.J.A.C. 7:26-1.4, which shall include but not be limited to the following: all items which exceed the size or weight requirements herein, furniture, mattresses, carpeting, and oversized household goods excluding white goods.
CONSTRUCTION WASTE
Waste that is generated during construction, remodeling, or repair of pavements, houses, commercial buildings and other structures. Construction waste includes but is not limited to lumber, wire, sheetrock, broken brick, shingles, glass, pipes, and concrete.
DWELLING UNIT
A structure, or an entirely self-contained portion thereof, which is designed for and occupied principally as a place of residence for one housekeeping unit. A dwelling unit must be suitable for year-round occupancy, must have a valid certificate of occupancy, or equivalent authorizing document, and must contain facilities for cooking, sleeping, bathing and human sanitation which are for the exclusive use of the occupants of the dwelling. For temporary housing used solely for farming purposes, the owner of the subject farm may request special consideration by the governing body for issuance of garbage and recycling containers specific to such housing. Temporary dwelling units must be in compliance with all applicable, local, state and federal regulations and have a certificate of occupancy, or equivalent authorizing documentation.
GARBAGE
All household waste, including putrescible, animal and/or vegetable waste resulting from the handling, preparation, consumption or cooking of food, clothing, and any other trash normally generated by the day-to-day activities of the residents of a single-family dwelling, but excluding recyclable items.
HAZARDOUS WASTE
All waste which is deemed chemical waste, hazardous waste, or infectious waste, as defined by N.J.A.C. 7:26-1.4, and which is flammable, corrosive, explosive or which by itself or in combination with other waste could be hazardous to life or property.
MULTIFAMILY DWELLING
Any apartment building, garden apartment building or complex or rental housing complex containing more than two attached dwelling units.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
RECYCLABLES
Used newspapers, paper, plastics, aluminum cans, glass, cardboard and other such items as may be determined by the NJDEP.
SINGLE-FAMILY DWELLING
Any single-family home or any housing complex containing four or fewer dwelling units, plus any housing complex consisting of five or more dwelling units in which the majority of such units are separately owned in fee or as condominiums. The ownership of 50% of more of the dwelling units in any such complex by a single individual, a group of individuals or entity(ies) shall disqualify such complex from being a single-family dwelling for purposes of this article.
A. 
Automated trash collection. Two containers (also referred to herein as "carts") will be assigned by serial number recorded by the West Deptford Township Public Works Department to each residential taxable property and will remain the property of the Township of West Deptford. One cart shall be designated for recyclable material and one cart shall be designated for nonrecyclable garbage.
(1) 
If a resident moves, the two cart(s) assigned to that residence must be left behind for the new resident. It is a precondition of obtaining a certificate of occupancy to account for all Township-owned carts registered to that residence.
(2) 
A resident may purchase one additional trash and/or recycling cart at the price listed in Chapter 11, Fees and Penalties, which may be amended by Township Committee of the Township of West Deptford. (See Chapter 11, Fees, § 11-1.)
(3) 
Carts needing repair. Residents shall notify the West Deptford Township Public Works Department. If the Director of Public Works, or his or her designee deem a cart to be damaged beyond repair, he or she may approve a replacement of the original two carts provided that the resident pays for replacement cart as outlined in paragraph (2) above.
(4) 
Residents may mark their addresses on the carts at a maximum font of three inches in height.
A. 
Scope.
(1) 
The following regulations shall govern the storage, placement and collection of recyclables, garbage, exclusive of those items regulated under this chapter, produced or otherwise created within the Township of West Deptford. Combined garbage and recyclables collection will be furnished by the Township of West Deptford to all designated residential property (i.e., single-family buildings), multifamily buildings, public schools, churches, and municipal and not-for-profit social clubs/organizations within the Township of West Deptford on a once-a-week basis unless otherwise specifically provided. All eligible properties within the Township of West Deptford shall make use of the system of Township-supplied cart placement and collection in accordance with these regulations. Except where alternate collection methods are specifically provided by the Public Works Department via dumpsters, rear-loading trucks, or other generally accepted means of disposal.
(2) 
For all other property owners, recyclables and trash shall be collected, transported and disposed of by said businesses or entities, property owners and tenants at their own expense, effective July 1, 2023. It is the responsibility of every property owner, tenant, and/or lessee within the Township limits to properly segregate refuse and recyclable materials. Any properties and/or entities not included in § 140A-32A(1) above are required to maintain an accurate annual measurement (in tons) of both refuse and recyclables collected by private contractors and provide that information to the Department of Public Works on an annual basis with supporting documentation acceptable to the Director of Public Works.
B. 
Garbage acceptable for collection.
(1) 
All garbage, except of those items excluded by this article, shall be acceptable for collection, provided that the storage and placement of said garbage is in compliance with the applicable provisions of this article. In no event shall the collection of garbage be by carts not provided by the Township, unless otherwise specifically provided.
(2) 
Carpeting shall be cut, rolled and tied into four-foot-to-six-foot lengths and not weighing more than 50 pounds. No carpeting or construction debris shall be collected if the work was done by a contractor and/or subcontractor. Residents found not to have proper construction permits for said work will not have their construction debris picked up and will be turned over to the Construction Department for review.
C. 
Garbage not acceptable for collection. The following garbage shall not be acceptable for collection by the Township of West Deptford:
(1) 
Dangerous substances such as poisons, acids, caustics, noxious chemicals, infected materials, explosives and ammunition, or any materials likely to cause injury to persons employed or damage to equipment used in making collections.
(2) 
Bulky and industrial wastes and hazardous wastes shall not be placed in carts for collection but shall be disposed of by the owner at the expense of the owner or possessor thereof, with the exception of bulky waste from single-family dwellings generated within the Township of West Deptford by such dwelling.
(3) 
Any materials resulting from the demolition, repair, excavation, construction, renovation and/or similar activities performed upon garages, buildings or structures on any residential properties, including but not limited to such materials as earth, plaster, mortar, asphalt and/or asbestos shingles, carpeting, lumber, roofing materials and the like, if the work was performed by a contractor or subcontractor.
(4) 
Disposal of bulky waste items, including but not limited to automobiles, vehicles, parts of vehicles shall be disposed of by the owner at the expense of the owner or possessor thereof, with the exception of bulky waste from single-family dwellings generated within the Township of West Deptford by such dwelling. No sod, large tree limbs, tree stumps, and tree trunks shall be collected if the sod, large tree limbs, tree stumps, and tree trunks result from the work of a contractor and/or subcontractor.
(5) 
Vegetation or tree branches, exceeding height, weight and/or length capacity of the Township carts, or as defined by the Department of Public Works.
(6) 
Heavy units exceeding 50 pounds in gross weight.
(7) 
Materials which cannot be disposed of in strict accordance with the standards and regulations prescribed by the Department of Health and Senior Services of the State of New Jersey, the Department of Public Utilities of the State of New Jersey and any other governmental agency or department having jurisdiction for the disposal of waste materials by sanitary landfill methods.
D. 
Storage, placement and collection of garbage and recyclables.
(1) 
Storage. All garbage, recyclables and yard waste shall be stored in receptacles provided by the Township, as described in this chapter, which shall be kept covered at all times and shall be maintained in a clean and proper condition for safe handling. The Township of West Deptford may affix a notice to carts which do not qualify under the requirements of this article indicating that the carts do not qualify and that further use of said carts may result in a fine and/or refusal to make the collection as specified in this article. If at the next regularly scheduled collection date said carts still do not conform to the requirements of this article, the Township of West Deptford may collect the carts as specified in this article.
(2) 
Placement. All receptacles for collection shall be placed in accordance with procedures established by the Department of Public Works by the owner, tenant, lessee or occupant of the property at the curbline along public streets or roads that have been dedicated to and accepted by the municipality after 6:00 p.m. of the day prior to collection. All receptacles for collection shall be placed at the pickup site no later than 6:00 a.m. of the day of collection. Each owner or occupant of premises placing a receptacle for collection shall remove the receptacle from the roadway or pick up location during the periods of non-collection to an area within or adjacent to the home or building.
(a) 
Automated trash carts shall be placed out with metal lift bar facing the center of the street and with at least three feet of clearance on either side so that the mechanical arm can easily lift the cart without interference. All carts must be placed in such a fashion as to allow for unencumbered access by the refuse and recyclable collection equipment. The Township is under no obligation to empty any carts which, under the sole discretion of the Director of Public Works and/or his or her designee(s), is deemed to be inappropriately placed or encumbered.
(3) 
Home medical waste.
(a) 
All property owners shall dispose of any legally prescribed medical and/or biohazard waste (i.e., syringes, medical needles, etc.) in carts (i.e., metal or hard plastic) for disposal in the municipal trash collection in the manner required by the New Jersey Department of Environmental Protection, N.J.A.C. 7:26-3 et seq.
E. 
County landfill. Nothing in this article shall prohibit anyone from transporting and/or disposing of garbage, trash, etc., at the county-owner/operated landfill. All expenses incurred shall be paid by said party, and the Township shall not be responsible for any costs of any party.
F. 
Inspection. All garbage placed at the curbline for collection shall be subject to random inspection by the Township of West Deptford to ensure compliance with the provisions of this article and Article I, Recycling, of this chapter and for the purposes of identifying garbage produced by a contractor and/or subcontractor in violation of this article.
Collections shall be made in accordance with a schedule to be determined by the Department of Public Works, except those days of the week which are approved employee or national holidays, for which the Department of Public Works may make appropriate pickup scheduling accommodations which are beneficial to the Township.
A. 
Garbage and refuse collected in the Township shall be collected, conveyed, and disposed of by the Township under the supervision of the Director of Public Works or the Director's authorized designee(s). The Director shall have the authority to make necessary and reasonable rules and regulations implementing the day and time of collection, type and location of waste carts and such other matters pertaining to the collection, conveyance and disposal of refuse and other materials as he/she shall find necessary in the public interest.
B. 
The Director of Public Works is hereby authorized and may promulgate guidance documents, rules and regulations for the disposal of bulky waste, as defined by N.J.A.C. 7:26-1 et seq., and all other waste material not included within the definition of "refuse," where such waste material originates within the Township, such as for the collection of large items of garbage and refuse produced by the household which cannot be picked up during the course of regular trash collection using standard equipment. Any person desiring to dispose of such waste shall do so in accordance with such statutes, ordinances and regulations of the State of New Jersey and the Township as established. Nothing contained herein shall require the collection of bulky waste from residential dwellings.
To the extent that the Township of West Deptford is required to collect and/or reimburse the condominiums and/or apartment complexes for collections, the Director of Public Works, in conjunction with the Township Chief Financial Officer, shall establish rules and regulations for the orderly collection and/or appropriate reimbursement to the extent required by law.
It shall be the responsibility of the Director of Public Works and/or the Recycling Coordinator and/or the Code Enforcement Officer and/or the Construction Officer and/or the Zoning Officer and/or the Fire Marshal and/or the Police Department and their designated agents to enforce all provisions of this article.
A. 
Any person who violates any provision of this article shall, upon conviction thereof, be subject to the penalties in § 1-15, Violations and penalties, of the code of the Township of West Deptford. Each day of violation of any provision of this article shall constitute a separate offense.