[Adopted 5-4-1989 by Ord. No. 11-1989]
The purpose of this article is to regulate and control the collection of solid wastes within Egg Harbor City.
For purposes of this article, the terms used herein are defined as follows:
- The residue from fires used for cooking foods and heating fires within residential units.
- BULK ITEMS
- Any large, heavy and/or bulky household appliances, furniture and furnishings which cannot easily and safely be placed in the common collection vehicle used for removal of solid waste within the City of Egg Harbor City.
- CONSTRUCTION DEBRIS
- Any scrap lumber, metal, earth, sand, brick, stone, plaster, roofing and siding material and other debris of a similar nature which accumulates and is incidental to the construction or renovation of homes, buildings, public works or other projects.
- Any animal or vegetable waste solids resulting from the handling, preparation, cooking or consumption of foods, but not including human wastes.
- HAZARDOUS WASTE
- All waste which is deemed to be chemical waste, hazardous waste or infectious waste, as defined by N.J.A.C. 7:26-1.4, and which shall include but not be limited to wastes which are flammable, corrosive or explosive or which, by themselves or in combination with other wastes, would be hazardous to life or property.
- Includes newspapers, periodicals, cardboard and all other wastepaper.
- RESIDENTIAL USER
- A dwelling unit, inclusive of a house or a multifamily dwelling of two or more units, used for residential purposes.
- Includes rags, old clothes, leather, rubber, carpets, wood, sawdust, tree branches, yard trimmings, wood furniture and other combustible solids not of a highly volatile or explosive nature, metals, metal shavings, tin cans, glass, crockery and other similar materials, exclusive of trade waste and waste resulting from building construction or alteration work and exclusive of cellar or yard dirt.
- SOLID WASTE COLLECTION CONTRACTOR
- A person or firm for hire, properly licensed in the State of New Jersey for the purpose of collection of solid waste and solid waste materials.
- STREET, SIDEWALK, CURB OR ALLEY
- Any accepted public street, curb, sidewalk or alley.
- TRADE WASTE
- All material resulting from the prosecution of any business, trade or industry, whether or not conducted for profit, and shall include paper, rags, leather, rubber, cartons, boxes, wood, sawdust, garbage and combustible and noncombustible solids except manure, metals, metal shavings, wire, tin cans, cinders and other materials exclusive of wastes resulting from building construction or alteration work.
- WASTE MATERIAL
- Includes any and all garbage, refuse, paper, ashes and wastes from building construction or alteration work, regardless of how originating, and shall also include cellar or yard dirt.
Every residential, multifamily dwelling, apartment dwelling and small business establishment placing garbage, ash and rubbish herein defined for collection, which property shall be within the boundaries of the City of Egg Harbor City, may have such collection and removal provided for him or her by the City of Egg Harbor City, subject to the rules and regulations set forth within this article.
Except for one- and two-family owner-occupied dwellings, every residential, multifamily dwelling, small business establishment and apartment dwelling having more than four thirty-two-gallon containers or four thirty-gallon plastic bags of not less than two mils will have to make arrangements with a private collector.
[Amended 11-16-1989 by Ord. No. 19-1989]
Disposal of trade waste, waste material, construction debris, hazardous waste and any items of solid waste not acceptable for collection as specified within this article shall be the responsibility of the property owner or his or her agent, the construction contractor or the producer thereof. The construction debris and/or trade waste, waste material and hazardous waste shall be removed and disposed of at his or her expense by a solid waste collection contractor, and the City of Egg Harbor City shall not be responsible therefor.
At the Nutrition Site, 341-351 Cincinnati Avenue, trash collection will be picked up by the City of Egg Harbor City for a fee of $50 a month.
[Added 7-23-1998 by Ord. No. 13-1998]
Preparation for collection.
Containers shall be provided by the owner, tenant, lessee or occupant of the premises. Refuse containers shall be maintained in a clean, safe and good condition. Any container that does not conform to the provisions of this article or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall not be utilized. The collector shall have authority to refuse collection services for failure to comply herewith.
The containers shall be of galvanized or plastic composition, shall not exceed 32 gallons in capacity, shall be no heavier than 40 pounds when filled, shall have a lid or cover and shall have two sturdy handles.
Plastic bags not less than two mils thick and not larger than 30 gallons may be used if properly tied.
Substitute containers may be used in place of approved containers, such as another bag which is water-repellent and animal-repellent, treated paper garbage and refuse bags or a bag of similar nature. These bags shall not be less than 30 gallons. All bags used shall be properly tied and secured so as to prevent escape of solid waste.
All garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper and placed in a receptacle as hereinbefore set forth.
All grass, weeds, lawn clippings and similar growths shall be placed in a container so that they may be readily collected by the municipal collection vehicle for composting.
Newspapers, magazines and periodicals shall be securely tied in bundles, each having a maximum weight of 50 pounds, for recycling pickup.
Trash will not be picked up if recyclable material is mixed in with trash containers.
No tires or batteries will be accepted for pickup or at the transfer station.
All broken glass or any other dangerous materials shall be placed in a secure container to facilitate safe loading of broken glass or other dangerous materials.
All ashes shall be placed in a container covered in such a manner as to prevent the contents of the container from becoming wet due to rain or snow. Ashes shall be cold and free from any hot coals to prevent the possibility of fire, and the container with the ashes shall not exceed 40 pounds in weight.
Hedge and shrubbery clippings, tree trimmings and garden refuse will be accepted only if securely tied in bundles not exceeding 48 inches in length and 24 inches in diameter. The total volume of such hedge or tree trimmings shall not exceed four such packages in any one day's collection.
No person shall place on the curb or anywhere else for purposes of collection any explosive or highly flammable materials or hazardous waste, including but not limited to benzene, gasoline, petroleum, explosive powder, nitrocellulose film or unbroken fluorescent tubes.
Large bulky items shall not be collected with the regular garbage and trash pickup, but may be collected in accordance with a schedule as determined by the Overseer of Highways for the City of Egg Harbor City upon specific request by a residential user. The City of Egg Harbor City, through its Highway Department, reserves the right to refuse excessively bulky or heavy items and will not dispose of items such as motor engine blocks, automobile bodies or portions thereof, truck bodies or parts and other such items not ordinarily collected in the ordinary course.
Old lumber, shingles, wallboard or other old building material or debris, if not able to be placed in containers, shall be stacked and securely tied in bundles of not more than four feet in length and weighing not more than 50 pounds each, not to exceed four bundles.
Each box, carton or other container must be flattened out and disassembled so as to be readily and easily handled. No part of any such article shall exceed four feet in length or weigh more than 50 pounds when deposited for recycling pickup.
Arrangement for disposal of trees and stumps shall be made by the owner, occupant or person in control of the premises and shall not be collected by the City of Egg Harbor City.
No person shall place in any receptacle any garbage, refuse or any other material which could be injurious to the collectors of the municipality.
Any paper drum or plywood drum shall not be utilized for the storage of garbage, refuse or ash containers, and containers of this type will be classified as rubbish and will be collected by the municipality.
Each container of solid waste shall be placed on level ground or surface by the property owner, tenant or other person placing garbage for collection or from whose property such garbage is proposed to be collected so that it does not easily upset.
If any container of garbage is upset or overturned other than by the city employees engaged in garbage or refuse collection, the property owner, tenant or other person placing the garbage for municipal collection shall promptly clean up such spill of garbage and restore it to a suitable container as defined hereinbefore.
If any container of garbage is upset or overturned by a municipal employee other than as a result of improper preparation by the residential user, the municipal employee shall immediately collect such garbage and dispose of the same in the collection vehicle.
If any city employee in the course of his/her duties observes noncompliance with any of the regulations of this article, he/she shall immediately inform the Overseer of Highways of the City of Egg Harbor City. In the event that the noncompliance is noticed by a collector of the municipality, the collector shall not make the collection of the noncomplying items and shall immediately report this noncollection to the Overseer of Highways of the City of Egg Harbor City.
No trash or garbage shall be deposited upon any public street or any other public place except at the curb for collection by the municipality in accordance herewith.
Receptacles utilized by commercial business users must meet the minimum requirements as set forth herein. However, said receptacles can be larger in size as long as they are covered to prevent any refuse from being scattered about by wind or other elements, are rodentproof, are cleaned and sanitized as required and are conveniently located on the premises for storage of refuse and are maintained in such a manner as to prevent creation of a nuisance or menace to the public health. Suitable facilities should be provided for the storage of solid waste until its removal.
When a residential user elects to clean up accumulated refuse from cellars, backyards, alleys, attics, spare rooms and excess furniture, it shall be the obligation of the residential user to place such material in such quantity and in such a manner as not to create a public nuisance and safety hazard, and, if the accumulation of solid waste exceeds more than four containers prepared in accordance with this article, the residential user shall make special arrangements for private collection thereof.
Municipal employees shall not be required to make garbage or trash collections from the premises of any residential user whereon a dog is permitted to run loose.
Municipal employees will not pick up garbage or trash that exceeds the maximum amount of four thirty-two-gallon containers or four thirty-gallon plastic bags, not less than two mils thick, and not more than 40 pounds in each.
No person or persons shall prevent or interfere with any agent, servant or employee of the city of any authorized contractor or collector of garbage, trash or refuse or with his/her employees engaged in the discharge of their duties, in the sweeping or cleaning of any street or removal therefrom.
Collection from residential users shall be in accordance with a schedule announced by the Highway Department of the City of Egg Harbor City. This schedule may be, from time to time, amended upon publication. All collections of garbage and any other material provided for in this article shall be collected starting at 7:00 a.m.
If any one or more of the above regulations are not followed by the property owner, tenant or other person desiring municipal collection, the municipality or its employees shall not be obligated to make a collection of the items concerning which any one or more of the above regulations have not been followed. When any of the items named in or referred to in § 230-16 of this article are placed at or just inside the curbline, it shall be assumed that the same are so placed for municipal garbage and refuse collection and disposal.
For collection pursuant to a schedule announced by the Highway Department of the City of Egg Harbor City, all approved containers must be placed at the curbline where easily accessible. No container shall be set out prior to 5:00 p.m. on the day prior to collection, and all containers shall be removed by 8:00 p.m. on the collection day. When a regular collection day falls on a legal holiday, containers shall not be set out until the next regularly scheduled collection unless special announcement of collection is made by the city.
All solid waste collection contractors shall comply with the ordinances of the city and rules and regulations and orders of the Highway Department, as well as all applicable state, county and federal laws and regulations.
All vehicles of solid waste collection contractors shall be of a closed-type and of such construction and loaded in such a fashion that no part of the contents shall fall, leak or spill therefrom.
All materials set or placed for collection by residential users shall be set or placed as near as possible upon or along the curbline and shall not be set or placed in any gutter, road or on any walk, sidewalk or public thoroughfare so as to interfere with public travel.
City collectors of solid waste are prohibited from entering upon any unaccepted lands, streets, service areas, driveways or alleys or any privately owned buildings or portion of any such buildings for the purpose of removing refuse materials to the curb, and, if solid waste of residential users is not placed in accordance with this article, the municipal collector will not accept the waste for collection.
When it shall appear to be more efficient for collection by the municipality, the municipality, upon written request or permission by the owner, may authorize city collectors to enter upon and collect garbage and refuse placed at the curbline or sideline of such unaccepted streets, lanes, alleys, driveways, service areas or other thoroughfare areas as it may designate, subject to such conditions as it may impose. Such collection service shall not, however, be construed to be an acceptance of any such unaccepted thoroughfare or area.
No person shall bring, cart, remove, transport or collect any solid waste, whether garbage, paper, ashes, rubbish, waste materials, construction debris, bulk items, hazardous waste or trade waste from outside this municipality or into this municipality, for the purpose of dumping or disposing thereof.
No person shall bring, cart, remove, transport or collect any trade waste, waste materials, construction debris, hazardous waste or bulk items from a nonresidential user and place the same for collection with the solid waste of a residential user, and, in those locations where residential and nonresidential users are located on the same premises, the solid waste shall be disposed of separately and in accordance with this article.
Any solid waste placed for collection by a residential user not in accordance with this article will be refused by the municipal collector, and it shall be the responsibility of the residential user to remove said solid waste from the curbline and have it properly containerized, packaged or secured for purposes of collection on the next scheduled date, or the residential user shall have the same disposed of privately by a solid waste collection contractor.
Any person, firm, corporation or association violating the terms of this article, whether as principal, agent or employee or another, shall, upon conviction in the Municipal Court of the City of Egg Harbor City in the County of Atlantic, be subject to a fine not exceeding $1,000, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
[Amended 8-26-1999 by Ord. No. 16-1999]
Each and every violation of this article and each and every day that any provision of this article shall be violated shall be construed as a separate and distinct violation thereof.