Solid Waste Ordinance
§ 184-1 Title.
This chapter may be cited and referred to as the "North Brunswick Solid Waste Collection Ordinance."
§ 184-2 Purpose.
This chapter is adopted pursuant to law in order to provide regulations for the efficient collection of solid waste by the Township.
§ 184-3 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A process by which the Township shall collect garbage and refuse from designated areas by means of automated vehicles and carts designated by the Township.
AUTOMATED COLLECTION CARTS
The specifically designed refuse storage container which will be serviced by the automated collection system.
Branches, twigs and cuttings from shrub and tree pruning operations that have a diameter of less than five inches and Christmas trees.
Any nonrecyclable materials that are too large to fit into the automated collection cart.
CONSTRUCTION MATERIALS, CLASS #1
Lumber, shingles, wallboard or other materials or debris generated by a project that does not require a Township permit.
CONSTRUCTION MATERIALS, CLASS #2
Lumber, shingles, wallboard, or other materials or debris generated by a project requiring a permit from the Township.
CONTRACTED TREE AND BRUSH REMOVAL
Work that is scheduled through agreement with a private service or commercial company.
A location in the public right-of-way in proximity to the curb or in a similar area where a curb does not exist or in an alternate location as determined by the Superintendent of Public Works or his or her designee.
Food waste, refuse, debris, wood scrap, food-contaminated containers, tissue paper, disposable diapers, etc., generated from a residential, institutional edifice.
The cuttings, trimmings and clippings of low-growing green vegetative plants common to residential lawn areas.
Seasonal vegetative residue generated by deciduous trees mainly during the autumn months and early spring in normal growth cycles.
Items of all or mostly metal consistency, including but not limited to household appliances, exercise machines, bicycles, swing sets, refrigerators, stoves, water heaters, air conditioners, etc.
Any vegetative materials which are not commonly recyclable in existing Township programs, including but not limited to seed pods, flowering garden plants, vegetable plants, fruit tree discards, bark, weeds, twigs, hedge clippings too small for bundling, any briar or thorn-bearing branch or limb cuttings.
§ 184-4 Applicability; means of collection.
A. The Township of North Brunswick shall provide for the collection of solid waste from the following properties:
(1) All residential structures with four or fewer units; at the option of the Township, all qualified private communities as defined in N.J.S.A. 40:67-23.2, commonly known as the "Condominium Service Act"; and all other residential structures that are having their solid waste picked up by the Township as of the effective date of this chapter.
(2) All nonresidential uses that are having their solid waste collected at the curbside by the Township as of the effective date of this chapter.
(3) Houses of worship, buildings on publicly owned land, the rescue squad, fire departments, and fraternal organizations.
B. An automated collection system shall be used where designated by the Township. In those parts of the Township where the automated collection system is not functional, the Superintendent of Public Works shall determine whether the alternate means of collection shall be by bulk container or standard watertight containers.
§ 184-5 Collection procedures and policies.
A. Automated collection carts.
[Amended 3-21-2016 by Ord. No. 16-03]
(1) Garbage shall be placed in the automated collection carts provided by the Township for that purpose. Each residential use within the Township that is having its solid waste collected at the curbside by the Township as of the effective date of this chapter, and every future residential use where the automated collection system is determined feasible by the Superintendent of Public Works shall receive one ninety-five-gallon cart for each dwelling unit in the building. This automated collection cart shall be and remain the property of North Brunswick Township and shall stay with the dwelling unit it was assigned to, regardless of resale, rental or other conditions.
(2) Each owner/renter may purchase from the Township one additional automated collection cart for each dwelling unit. Such automated collection cart shall be and remain the property of the individual making the purchase.
(3) Each automated collection cart shall be placed for collection at the curbside in a location designated by the Township for collection, which shall be a minimum of three feet away from any obstruction to the automated collection vehicle.
B. Nonautomated collection containers. In those parts of North Brunswick where the Superintendent of Public Works determines that the automated collection system is not functional, garbage shall be placed in watertight plastic or metal containers with a volume not to exceed the total volume of two ninety-five-gallon automated collection carts. All other provisions of this chapter shall apply to such properties. Said receptacles shall be free from protruding nails, wires or sharp and dangerous substances of any kind, and no single receptacle, together with its contents, shall be of a greater weight than 40 pounds.
C. Bulk containers. The Superintendent of Public Works may also designate areas for collection by bulk containers.
D. Location of containers and materials. All materials and containers, other than bulk containers and the automated collection carts provided by the Township, shall be at the curbside. At no time shall materials be placed at the curbside in a manner that presents a hazard to the public health, safety and welfare, or that hinders normal vehicle or pedestrian traffic.
E. Yard waste. Yard waste, excluding brush and leaves, may be placed in the automated collection carts hereinbefore set forth so it may be readily emptied into municipal collection vehicles. At no time may grass clippings, leaves, brush or yard raking be placed loose or in piles at the curb, on sidewalks, gutters or streets where the same may be dispersed by wind, stormwater runoff, forces of nature, passersby or traffic, except as specified herein.
F. Leaves. Leaves shall be placed in biodegradable paper bags. Collection will be between the months of October and December as routinely scheduled by the Township, and in March and April by appointment only. Each biodegradable bag shall not weigh more than 40 pounds.
[Amended 3-21-2016 by Ord. No. 16-03]
G. Grass clippings.
(1) Residents are encouraged to recycle grass clippings year round by use of a mulching mower.
(2) Alternatively, grass clippings may be included along with household solid waste on regular automated refuse collection days. For control and elimination of odorous residues, grass clippings must be contained in plastic trash or lawn bags before placing in the solid waste automated cart.
(3) Grass will not be collected as a bulk pickup.
H. Brush. Tree trimmings, hedge clippings and similar materials commonly referred to as "brush" shall be put at the curb in lengths not to exceed four feet and securely tied in bundles not more than two feet thick and/or 40 pounds in weight. Contracted brush removal debris shall be bundled as required by this chapter or otherwise disposed of by the contractor. Collection of brush shall be by appointment only.
I. Tree and large branch removal. Contracted tree removal debris shall be bundled as required by this chapter or otherwise disposed of by the contractor. However, trunks and large branches exceeding five inches in diameter shall require special consideration for disposal, by appointment only. Trunks and large branches exceeding five inches in diameter that are a result of contracted work shall be disposed of by the contractor.
J. Bulk materials, scheduled bulk pickup. Bulk materials that are not recyclable as white goods, such as carpeting, sheet flooring, small furniture and other bulky household items that are too large to be disposed of in the automated collection cart, shall be collected at the curb as follows:
(1) Bulk collection is by prescheduled appointment only.
(2) Collection volume per appointment is limited to two cubic yards, or three feet by three feet by six feet. (Two cubic yards roughly equals capacity of four ninety-five-gallon automated refuse carts.)
(3) Large items of furniture, such as couches, easy chairs, etc., shall be limited to three items per collection.
(4) Mattresses and box springs that are placed curbside for bulk collection shall be wrapped in plastic or placed in disposable plastic bags. Plastic wrapping or plastic bags must be sufficient to cover all exposed areas of the mattress and box spring. The plastic wrapping and/or disposable plastic bags are required to avoid, to the greatest extent possible, Township employees from coming into contact with bedbugs or bedbug-infested materials.
[Added 12-2-2013 by Ord. No. 13-26]
(5) Furniture, mattresses or box springs or other items placed curbside for bulk collection that are infested with bedbugs may be refused pickup for bulk collection in the absolute discretion of the Director of the Department of Public Works or his designee.
[Added 12-2-2013 by Ord. No. 13-26]
K. Carpeting. Carpeting, sheet flooring and other like materials shall be put at the curb on bulk collection days that have been previously scheduled by appointment. Material shall be cut into lengths not to exceed four feet and securely tied in bundles not more than two feet thick and/or 40 pounds in weight. Collection is by prearranged appointment only.
L. Furniture. Furniture shall be placed at the curb on bulk collection days that have been previously scheduled by appointment. Hide-a-beds with metal frames shall be disassembled to separate the metals from the frame elements. A prescheduled bulk collection appointment shall be arranged for the nonmetallic frame materials, and a separate prescheduled white goods collection appointment shall be arranged for the metals.
M. Wooden fencing. Wooden fencing, including stockade, picket and others, shall be cut into pieces not to exceed four feet by two feet and placed at the curb for disposal on bulk collection days that have been previously scheduled by appointment.
N. Construction materials, Class #1. Permitted collection volume for Class #1 materials shall be limited to two cubic yards per appointment. Lumber, shingles, wallboard or other building material or debris from a project that does not require a Township permit shall be stacked and securely tied in bundles of not more than four feet in length and/or 40 pounds per bundle. Protruding nails, screws and other sharp fasteners shall be removed from construction materials prior to placing them out for collection, which shall be previously scheduled by appointment only. Window casings shall have the glass panes removed and the glass separately packaged to render it free of hazard. All Class #1 construction materials must originate from the property upon which the refuse is placed for collection. None of the above-mentioned refuse shall be brought from off site for collection.
O. Construction materials, Class #2. The disposal of lumber, shingles, wallboard or other building material or debris that comes from a project requiring a permit from the Township shall not be subject to municipal collection.
P. Hours, frequency and days of collection. The day or days of collection shall be established by the Township and appropriate notification shall be provided.
[Amended 3-21-2016 by Ord. No. 16-03]
(1) Automated collection. Automated collection shall take place weekly. When holidays fall on the automated collection date, collection will take place on an alternate day as specified by the Department of Public Works.
(2) Bulk collection. Bulk collection shall take place by appointment only.
Q. Restriction on placement at the curb. No person shall place any container or material at the street more than one day prior to the day designated for collection, and all empty containers shall be removed from the street by 8:00 a.m. on the morning following the day of collection.
R. Existing collection of nonresidential properties. The Township shall continue to collect a limited amount of solid waste from each nonresidential property that is having its waste collected curbside by the Township in noncontainerized receptacles as of the effective date of this chapter. Said property owner shall receive one ninety-five-gallon cart. This automated collection cart shall be and remain the property of North Brunswick Township and stay with the owner it was assigned to regardless of resale, rental or other conditions. Each such commercial property owner may purchase from the Township one additional automated collection cart for garbage collection. Such automated collection cart shall be and remain the property of the individual making the purchase. The Township shall not collect any containerized receptacles from nonresidential properties as of the effective date of this chapter, with the exception of the uses specified in § 184-4A(3) herein.
S. Dangerous materials. No dangerous or environmentally injurious material, highly volatile or explosive matter, either in liquid, gaseous or solid form, shall be placed or set out for collection either by itself or in connection with any other garbage, trash, waste, rubbish or other refuse material. No person shall place in any receptacle any garbage, refuse or material that would detrimentally affect the environment and/or pose a risk of injury to those persons charged with the collection of such material.
T. Disturbing receptacles. After materials have been placed at the curbside for collection, no person shall scavenge or disturb the same or upset any such receptacle in the street or cause the matter contained therein to be scattered or deposited in the street prior to its being collected by the persons authorized to do such work.
U. Overturned containers or scattered refuse.
(1) The person or persons by whom such solid waste has been placed or caused to be placed in the street for collection shall be responsible for the same until it is collected by persons authorized to do such work, and in the event that any of the contents of said receptacles are previously removed and deposited or scattered in the street, the persons who placed said receptacles in the street for collection, or caused the same to be so placed, shall as promptly as possible cause such matter to be placed in said proper receptacle.
(2) If any container or garbage is upset or overturned by a Township employee, that person shall immediately collect such garbage and dispose of the same.
§ 184-6 Unlawful deposits.
A. The depositing or placing of solid waste in the street or other public place of the Township, in any manner whatsoever, except in the manner provided by this chapter, is hereby forbidden.
B. The depositing or placing of refuse and debris from excavations, grading, building operations, construction, demolition, repairs or alterations of buildings, manufacturing operations or any other refuse or debris in the street or upon any property owned, occupied or controlled by the Township of North Brunswick, in any manner, except as provided in § 184-5N and O is hereby forbidden unless otherwise specifically authorized by the Township Council of the Township of North Brunswick.
§ 184-7 Restrictions on collection.
A. When any of the items referred to in § 184-5 hereof are placed at the curbside, it shall be assumed that the same are so placed for municipal garbage and refuse collection and disposal. However, the Township shall not be obligated to collect any garbage or other materials left in a manner not in full compliance with the regulations provided herein.
B. There shall be no collection of any solid waste items unless and until such items are prepared for municipal collection and disposal as directed in § 184-5 of this chapter, unless otherwise directed by the Superintendent of Public Works or his or her designee.
§ 184-8 Employee report of noncompliance.
Any Township employee who observes noncompliance with any of the regulations of § 184-5 herein shall immediately notify the Superintendent of Public Works or his or her designee. The Superintendent of Public Works or his or her designee shall provide notice to the occupant of the violation and direct that said refuse not be collected until the violation is abated.
§ 184-9 Violations and penalties.
Any person, firm, corporation or association violating the terms of this chapter, whether as principal, agent or employee of another, shall, upon conviction in the Municipal Court of the Township, be subject to a fine not exceeding $2,000 or to imprisonment in the county jail not exceeding 90 days, or both.