City of Garfield, NJ
Bergen County
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[HISTORY: Adopted by the City Council of the City of Garfield 7-20-1987 as Ord. No. 1949 (Ch. 202 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES

Dumping — See Ch. 125.

Garbage, rubbish and refuse — See Ch. 164.

Sanitation — See Ch. 260.

Recycling area in multifamily housing developments — See Ch. 275.

§ 249-1
Purpose. 

§ 249-2
Definitions. 

§ 249-3
Separation program established. 

§ 249-4
Mandatory separation. 

§ 249-5
Exemption for commercial and institutional establishments. 

§ 249-6
Reports; registration. 

§ 249-7
Mandatory source separation; disposal of demolition and construction debris. 

§ 249-8
Designated recyclables. 

§ 249-9
Method of disposal. 

§ 249-10
Volunteer drives permitted. 

§ 249-11
Rules and regulations. 

§ 249-12
Unauthorized collection prohibited. 

§ 249-13
Enforcement. 

§ 249-14
Violations and penalties. 

§ 249-1 Purpose.

The purpose of this chapter is to comply with the provisions of N.J.S.A. 13:1E-99.11, commonly known as the "Mandatory Statewide Recycling Program."

§ 249-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ALUMINUM
All products made from aluminum and being used as containers for various substances, including disposable containers fabricated primarily of aluminum and commonly used for soda, beer or other beverages.
CONTAMINATED
Includes all those items normally of a recyclable nature, that contain a substance or substances such as paint, turpentine or animal droppings, etc., rendering the material unmarketable as a recyclable.
CORRUGATED
A structural material shaped in parallel furrows and ridges for rigidity and made from a paper product. It is used to make packing and shipping containers.
DEMOLITION AND CONSTRUCTION DEBRIS
Components generated from the construction, demolition, alteration, repair, maintenance and/or replacement of a building or structure, residential, commercial and/or industrial, including brick, cement, concrete block, asphalt, asphalt roofing, scrap metals, window glass, wood, tree stumps, logs, branches and other like materials.
[Added 6-8-1994 by Ord. No. 2160]
FERROUS SCRAP
All products made of metal, exclusive of aluminum, including tire rims, springs, bicycles, bimetal cans or scrap metal.
[Added 6-8-1994 by Ord. No. 2160]
GLASS
All containers made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter and all other matter commonly known as "glass," excluding blue glass, plate glass and glass commonly known as "window glass."
[Amended 2-7-1989 by Ord. No. 2005]
GRASS or GRASS CLIPPINGS
The material naturally farmed and cut from lawns, green herbage sending up spike-like shoots or blades. Expressly excluded is yard waste.
[Added 6-8-1994 by Ord. No. 2160]
HI-GRADE PAPER
White typing paper, ledger paper, copier paper, carbonless computer printout paper, manila tab cards and file folders.
[Added 11-22-1988 by Ord. No. 2003]
HOUSEHOLD-GENERATED BATTERIES
Any type of button, coin, cylindrical, rectangular or other shaped, enclosed device or sealed container consisting of a combination of two or more voltaic or galvanic cells, electrically connected to produce electric energy, composed of lead, lithium, manganese, mercury, mercuric oxide, silver oxide, cadmium, zinc, copper or other metal, or any combination thereof, and designed for commercial, industrial, medical, institutional or household use, including any alkaline manganese, lithium, mercuric oxide, silver oxide, zinc-air or zinc-carbon battery, nickel-cadmium rechargeable battery or sealed lead rechargeable battery.
[Added 2-7-1995 by Ord. No. 2175]
LEAVES
Any of the flat, thin, expanded organs, usually green, growing from the stem or twig of a plant, usually consisting of a broad blade, petiole or stalk and stipules.
MIXED PAPER
All paper products and items, exclusive of newspaper, corrugated and cardboard, including magazines, telephone directories, wrapping paper, books, grocery bags and junk mail.
[Added 6-8-1994 by Ord. No. 2160]
NEWSPAPERS
A paper product deemed to include the type distributed, usually daily or weekly, having printed thereon news, opinions, advertisements and other matter of public interest. Included in this definition shall be magazines, but expressly excluded are items known as "junk mail" and other periodicals containing glue substances.
PERSON
Includes all individuals, partnerships, corporations, owners, tenants, lessees, firms, societies, schools, churches and associations, either profit or nonprofit, within the City of Garfield.
RECYCLABLE MATERIAL
Includes all items designated by this chapter to be separated from solid waste and either placed at the curbside for pickup or dropped off at the designated recycling center.
RECYCLING
Any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING COORDINATOR
The person appointed by the City Manager who shall be authorized to coordinate the City's recycling program and assist with the enforcement of the provisions of this chapter and its rules and regulations.
REGULATIONS
Includes such rules, implementation dates, schedules of times and such other requirements promulgated by the Recycling Coordinator and City Manager and approved by the City Council as may be necessary to carry out the purposes and objectives of this chapter.
SOLID WASTE
Includes all garbage, rubbish and waste matter usually disposed of under the municipal garbage contract and normally placed at the curbside by residents and commercial occupants in the City of Garfield for usual collection at regular intervals by the contractor who holds the City garbage contract.
TIN CANS
Rigid containers made exclusively or primarily of tin or steel and used to store food, beverages and other household and consumer products. Expressly excluded are paint cans and cans containing chemical residue.
[Added 6-8-1994 by Ord. No. 2160]
WHITE GOODS
Domestic or household bulk items usually made of smooth finished metal which is usually painted white or covered with a white metallic covering, such as large appliances, washing machines, stoves, dryers, air conditioners and freezers and includes any other ferrous or nonferrous metals. Expressly excluded are automobile mufflers, catalytic converters and automobile parts containing oil, fluids or gasoline.
[Added 6-8-1994 by Ord. No. 2160]
YARD WASTE
Tree branches, shrub cuttings, garden rakings, loose weeds and twigs, all plant or tree roots and other similar natural waste materials.
[Added 6-8-1994 by Ord. No. 2160]

§ 249-3 Separation program established.

There is hereby established a program for separation of recyclables from solid waste on a mandatory basis within the City of Garfield for the purpose of recycling.

§ 249-4 Mandatory separation.

[Amended 6-21-1988 by Ord. No. 1986; 11-22-1988 by Ord. No. 2003]

All persons, on or after October 1, 1987, shall separate recyclable material from all other solid waste produced in or at any premises in the City of Garfield. Premises which do not use the City garbage collection service or are excluded therefrom may claim exemption from the application of this chapter as provided herein.

§ 249-5 Exemption for commercial and institutional establishments.

[Added 11-22-1988 by Ord. No. 2003]

Any commercial or institutional solid waste generator may apply for exemption by written request on a form provided by the Recycling Coordinator. They shall demonstrate that they are otherwise providing for the recycling of recyclable materials designated in this chapter in a manner consistent with N.J.S.A. 13:1E-99.16 and shall, for continued exemption, document to the City Recycling Coordinator the total tons recycled.

§ 249-6 Reports; registration.

[Added 2-7-1989 by Ord. No. 2005]
A. 

It shall be the responsibility of owners, lessees and/or occupants of all commercial and/or industrial property to report semiannually the quantities of materials recycled on the forms and on such dates as are designated by the City Manager and Recycling Coordinator.

B. 

Each commercial and/or industrial property owner, lessee or occupant shall register with the City of Garfield annually by providing the information requested and prescribed by the City Manager and Recycling Coordinator.

C. 

Each owner, lessee, occupant and/or contractor shall report directly to the Recycling Coordinator the quantities and types of demolition and construction debris on such dates and forms as shall be designed by the City Manager and Recycling Coordinator.

[Added 6-8-1994 by Ord. No. 2160]

§ 249-7 Mandatory source separation; disposal of demolition and construction debris.

[Added 6-8-1994 by Ord. No. 2160]
A. 

On and after final approval and the effective date of this chapter, it shall be both mandatory and a condition precedent to the issuance of any permanent certificate of occupancy for the owner of such property to recycle all construction and/or demolition debris. The owner and/or his contractor must provide written proof in accordance with the provisions set forth in Subsection B below that these materials were recycled.

B. 

Written documentation of the tonnage and types of material recycled under this section shall be made by accurate weight slips and on such forms as shall be required by the Recycling Coordinator and City Manager.

§ 249-8 Designated recyclables.

[Amended 11-22-1988 by Ord. No. 2003; 2-7-1989 by Ord. No. 2005; 6-8-1994 by Ord. No. 2160; 2-7-1995 by Ord. No. 2175; 6-23-2009 by Ord. No. 2555]

The following items are designated as those which are the subject of mandatory recycling in the City of Garfield:

Residential Sector Commercial Sector
Newspaper Corrugated cardboard
Glass beverage containers High-grade office paper
Aluminum cans Glass beverage containers
Ferrous scrap Ferrous scrap
Leaves White goods
White goods Aluminum cans
Tin cans Mixed paper
Grass Construction and demolition debris (concrete, brick, tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard; where practical)
Construction and demolition debris (concrete, brick, tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard; where practical) Type 1 and Type 2 plastic containers
Corrugated cardboard
Mixed paper
Type 1 and Type 2 plastic containers

§ 249-9 Method of disposal.

[Amended 6-21-1988 by Ord. No. 1986; 11-22-1988 by Ord. No. 2003]

All persons shall dispose of items designated as recycling items according to this chapter and the rules and regulations promulgated hereunder.

A. 

Newspapers shall be bundled separately and placed at the curb for collection. Bundles may not exceed 30 pounds in weight, nor may they exceed 12 inches in height. Bundles may be string tied or placed in paper bags, cardboard boxes or reusable wooden or plastic boxes. The days and time of pickup shall be designated by the Recycling Coordinator and City Manager.

B. 

Leaves shall be separated from solid waste and other recyclable material at all times and shall be recycled by one of two methods:

[Amended 11-20-1990 by Ord. No. 2046; 10-20-1992 by Ord. No. 2100]

(1) 

Leaves shall be placed at the curbline or property line in biodegradable brown paper bags at such dates and times as shall be designated by the City Manager and Recycling Coordinator. Leaves placed at the curb or property line shall not be placed there sooner than one day before the day designated for collection.

(2) 

Leaves may be stored or recycled for composting by residential property owners only. Such recycling or composting shall be conducted in a manner and place approved by the Recycling Coordinator and City Manager. In no event shall the area chosen for the storage of leaves for composting or mulching exceed 10 by 10 feet.

C. 

Aluminum, including aluminum cans, shall be placed in paper bags, cardboard boxes or reusable wooden or plastic boxes.

D. 

Corrugated, including corrugated boxes, shall be flattened and bundled. Bundles may be string tied or placed in paper bags or cardboard boxes. Bundles shall not exceed 50 pounds in weight nor may they exceed 24 inches in height. Corrugated shall be dropped off at the recycling center at such days and times as designated by the Recycling Coordinator and the City Manager.

E. 

Hi-grade paper shall be separated by all commercial businesses handling such paper and shall be disposed of pursuant to regulations promulgated by the City Manager.

F. 

Glass shall be separated by color, i.e., clear, brown and green, shall be rinsed and metal caps removed. It shall be brought to the site designated by the City Manager and Recycling Coordinator at such hours and days as by regulations the City Manager shall decide.

[Added 2-7-1989 by Ord. No. 2005]

G. 

Tin recyclables, including tin cans and lids, shall be placed in paper bags, cardboard boxes or reusable wooden or plastic boxes. Tin cans should be rinsed and paper labels removed. Tin recyclables shall be brought to the site designated by the City Manager and Recycling Coordinator at such hours and days as by regulations the City Manager shall decide.

[Added 6-8-1994 by Ord. No. 2160]

H. 

Ferrous scrap recyclables shall be placed in paper bags, cardboard boxes or reusable wooden or plastic boxes. Ferrous scrap recyclables shall be brought to the site designated by the City Manager and Recycling Coordinator at such hours and days as by regulations the City Manager shall decide.

[Added 6-8-1994 by Ord. No. 2160]

I. 

Mixed paper recyclables shall be placed in paper bags, cardboard boxes or reusable wooden or plastic boxes. Mixed paper shall be brought to the site designated by the City Manager and Recycling Coordinator at such hours and days as by regulations the City Manager shall decide.

[Added 6-8-1994 by Ord. No. 2160]

J. 

Grass shall be separated from solid waste and other recyclables at all times and shall be recycled by one of three methods:

[Added 6-8-1994 by Ord. No. 2160]

(1) 

Grass, from residential properties only, shall be placed at the curbline or property line in biodegradable brown paper bags at such dates and times as shall be designated by the City Manager and Recycling Coordinator. Grass placed at the curb or property line shall not be placed there sooner than one day before the day designated for collection.

(2) 

Grass may be stored or recycled for composting by residential property owners only. Such recycling or composting shall be conducted in a manner and place approved by the Recycling Coordinator and City Manager. In no event shall the area chosen for the storage of grass for composting or mulching exceed 10 by 10 feet.

(3) 

Grass may be disposed of by implementing the State of New Jersey "Cut It and Leave It" Program. Residential and commercial property owners may, under this program, adopted and recommended by the State of New Jersey, cut grass and leave the clippings on the lawn. If this method is used, all sidewalks, walkways, streets and other public areas must be kept clean and free of all grass clippings.

K. 

White goods shall not be placed at the curbline or property line for collection unless arrangements for pick up have been made with the Recycling Coordinator. Before any pickup is made of any white goods, all chemicals, Freon, chlorofluorocarbon's (CFC's) and other hazardous materials must be removed by the owner at the owner's sole expense and the item properly labeled as having had all hazardous materials removed. No white goods shall be brought to the recycling center at any time.

[Added 6-8-1994 by Ord. No. 2160]

L. 

Demolition and construction debris shall be recycled by the owner and/or contractor. Demolition and construction debris shall be brought to sites that accept demolition and construction debris for recycling. No demolition and construction debris shall be brought to the Garfield Recycling Center at any time, and no such debris shall be placed at the curbline or property line for pickup and disposal.

[Added 6-8-1994 by Ord. No. 2160]

M. 

Household-generated batteries shall be disposed of pursuant to regulations promulgated by the City Manager.

[Added 2-7-1995 by Ord. No. 2175]

§ 249-10 Volunteer drives permitted.

Nothing herein contained shall be construed to limit volunteer, charitable or other organizations from conducting newspaper drives. The date, time, place and nature of these collections shall be presented in advance and in writing to the Recycling Coordinator, who shall approve or disapprove the date, time, place and nature of the collection in accordance with regulations promulgated hereunder.

§ 249-11 Rules and regulations.

The City Council hereby authorizes the City Manager to establish and promulgate rules and regulations not inconsistent with the provisions of this chapter.

§ 249-12 Unauthorized collection prohibited.

A. 

Items designated for recycling shall be the property of the City of Garfield or its designated agent from the time of placement at the curb for collection or when dropped off at the designated recycling center. No person unauthorized by the City of Garfield shall collect or pick up or caused to be collected or picked up any items designated by the City of Garfield for recycling.

B. 

Each collection or package of recyclables in violation hereof, from any one or more residences or other places subject to this chapter, shall constitute a separate and distinct offense.

§ 249-13 Enforcement.

This chapter shall be enforced by the Recycling Coordinator, by the City of Garfield Departments of Health, Police, Public Works and Building and by such other employees or departments as designated in writing by the City Manager.

§ 249-14 Violations and penalties.

[Amended 4-25-2006 by Ord. No. 2457]

Any person who violates any provision of this chapter and the rules and regulations issued pursuant thereto shall, upon conviction thereof, be punished by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days.