[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park by Ord. No. 1510 (§ 10-6 of the 1987 Code). Amendments noted where applicable.]
The Mayor and Council of the Borough of Highland Park find and determine that:
Providing for garbage and trash collection services within the Borough of Highland Park promotes the public health and general welfare and reasonable rules and regulations as to containers, curbside placement, collection schedules and other matters are necessary to effectively carry out collection services and to protect the public health and general welfare.
Recycling of waste materials decreases waste flow to landfill sites will significantly reduce the spiraling costs paid by the Borough for landfill tipping fees and associated taxes and will provide revenue to the Borough from reusable materials which will conserve energy and increase the resources of the Borough.
The existing regulations for the collection and disposal of solid waste and refuse within the Borough require revision to update the provisions and to expand the mandatory recycling program for specified waste materials.
The County of Middlesex and State of New Jersey have enacted laws and/or regulations requiring recycling of certain materials and the Borough must comply with these requirements.
This chapter shall also be known as the "Recycling and Refuse Ordinance."
The purpose of this chapter is to regulate and control the collection, disposal and transportation of solid waste within the Borough, whether collected by Borough employees or by private carriers, and to require and mandate the separate collection of designated recyclables from other solid waste collected in the Borough of Highland Park as is mandated by the laws and/or regulations of the State of New Jersey and by the County of Middlesex.
All collection, disposal, recycling and transportation of solid waste within the Borough shall be performed in accordance with the terms, conditions and regulations of this chapter, as supplemented by such additional regulations as may be promulgated by the Superintendent of Public Works of the Borough, the County of Middlesex or the State of New Jersey in such lawful form as those regulations may take.
As used in this chapter, the following terms shall have the meanings indicated:
- The agreement for the provision of recycling and marketing services executed by and between the authority and the municipality.
- ALUMINUM CANS
- Nonfoil, food and beverage containers made entirely of aluminum.
- The Middlesex County Improvement Authority, a public body corporate and politic of the State of New Jersey, organized by the county pursuant to the County Improvement Authorities Law (N.J.S.A. 40:37A-44 et seq.)
- AUTHORITY-COLLECTED RECYCLABLES
- The following designated recyclables generated within the geographic boundaries of the municipality: newspaper, glass containers, aluminum cans, corrugated cardboard from residential and commercial sources, steel cans, plastic containers, mixed paper and textiles.
- The Board of Chosen Freeholders of the County of Middlesex, New Jersey.
- Branches, woody plants and other like vegetative material that do not exceed five inches in diameter; and Christmas trees.
- CO-MINGLED CONTAINERS
- Plastic containers to be used by the residents to place plastic containers, glass containers, aluminum cans and steel cans at the curb for collection by the contractor, or such other container designated by the authority for such use.
- COMMENCEMENT DATE
- The date upon which the authority and municipality agree that the authority through its contractor, will commence the provision of recycling services.
- The contractor selected by the authority to provide the recycling services pursuant to the recycling contract.
- CORRUGATED CARDBOARD
- Boxes and packaging generally made from wood pulp and consisting of two smooth sides with a corrugated inner layer. Brown paper grocery bags are included in this category.
- The County of Middlesex, New Jersey.
- COUNTY PLAN
- The Middlesex County district solid waste management plan, adopted by the Board pursuant to the Solid Waste Management Act, which provides for the collection, disposal and/or recycling of solid waste generated within the geographic boundaries of the county, as the same may be amended from time to time.
- COUNTY-WIDE RECYCLING PROGRAM
- The collection and marketing program for authority collected recyclables established by the county and the authority for all participating municipalities in the county and funded, in part, with RRIT funds allocated for this purpose.
- The New Jersey Department of Environmental Protection or any successor agency.
- DESIGNATED RECYCLABLES
- All recyclable materials that are designated by the county in the county plan as materials that must be source separated from municipal solid waste at the point of generation. The recyclables designated by the county in the county plan are newspaper, aluminum cans, glass containers, corrugated cardboard from residential and commercial sources, steel cans, plastic containers, mixed paper, textiles, leaves, motor oil, and brush. The county may add or delete certain recyclable materials to designated recyclables from time to time pursuant to a duly adopted amendment to the county plan approved by the DEP.
- DROPOFF CENTER
- The site owned and/or operated by the municipality and located where designated recyclables are delivered by the municipality and residents of the municipality for collection and/or preparation for market.
- Televisions, CPUs, monitors, laptops, and mercury-containing
devices.[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
- FLUORESCENT BULBS
- Lamps that contain mercury.[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
- GLASS CONTAINERS
- Bottles and jars in which food and beverages are packaged. The same may be transparent (clear) or translucent and/or tinted brown or green.
- Fallen leaves excluding brush and grass clippings.
- LOCAL PUBLIC CONTRACTS LAW
- N.J.S.A. 40A:11-1 et seq.
- MASONRY OR PAVING MATERIAL
- Asphalt, block, brick, cinder, and concrete.[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
- MIXED PAPER
- Glossy inserts, magazines, telephone books, junk mail, colored
paper, computer paper, office paper, paperboard (chipboard and pressboard),
nonmetallic wrapping paper, soft cover books, hard cover books with
covers removed and fine paper.[Added 4-1-2008 by Ord. No. 2008-1736; 5-20-2008 by Ord. No. 2008-1739]
- MIXED PAPER CONTAINER
- A covered container in which residents will place mixed paper at the curb for collection by the contractor, or such other container designated by the authority for such purpose.
- The Borough of Highland Park, a Municipal Corporation of the State of New Jersey.
- Clean dry newsprint; generally a daily or weekly edition along with any colored inserts such as comics or advertisements.
- PLASTIC CONTAINERS
- Soda and other bottles made from PETE (SPI code 1) and milk, water, laundry product and other bottles from HDPE (SPI code 2).
- PLASTIC FILM
- Stretch/shrink wrap, plastic shopping bags, only for warehouses,
retail establishments and supermarkets with 25 or more employees.[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
- RECHARGEABLE BATTERIES
- Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MH), Lithium
Ion (Li-ion) and small Sealed Lead (Pb).[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
- RECYCLING CONTRACT
- The contract executed by and between the contractor and the authority, pursuant to which the contractor shall provide recycling services for the county-wide recycling program.
- RECYCLING ORDINANCE
- This chapter enacted by the municipality establishing the mandatory recycling program implemented in accordance with the Solid Waste Management Act and the county plan, as the same will be amended by the municipality, to include the additional designated recyclables as set forth in this chapter, and as the same may be amended in the future from time to time for other purposes.
- RECYCLING SERVICES
- All of the duties, obligations, and services to be provided by the contractor that are related to the collection, transportation, separation, processing, storage, sale or disposition, or any combination thereof, of the authority-collected recyclables and the return of same to the economic mainstream in the form of raw materials or products.
- Private, commercial and institutional residents of the municipality that are required to recycle designated recyclables pursuant to this Recycling Ordinance.
- RRIT FUNDS
- Monies collected from the imposition of the Resource Recovery Investment Tax (or any other successor tax or fund created for the same purpose) and allocated to the county in accordance with the provisions of the McEnroe amendments to the Solid Waste Management Act, N.J.S.A. 13:1E-135 et seq., and made available to the authority for this purpose.
- STEEL CANS
- Food and beverage containers made of steel and either tin-plated or lacquer-coated and including bimetal cans (ferrous cans with an aluminum top).
- TEXTILE BAG
- A special bag to be provided by the authority for the collection of textiles, or such other container to be designated by the authority for such purpose.
- Clean dry clothing or other fabric measuring at least one foot by one foot in size.
- Non-chemically treated (not pressure-treated, impregnated
with preservatives, insecticides, fungicides, creosote, or other chemicals,
and not painted, resin-coated or otherwise surface treated, and not
laminated or bonded; and not similarly altered from its natural condition);
only for new construction sites.[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
- USED MOTOR OIL
- Discarded petroleum-based or synthetic lubricating oil from automobile and other engines.
- WHITE GOODS
- Washers, dryers, ranges, refrigerators, air conditioners.
All devices that contain CFCs must be properly evacuated by licensed
individuals and all CFCs recovered must be sent to an EPA-approved
reclaimer.[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
- WOOD SCRAP
- Unfinished lumber from new construction projects including
pallets.[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
The Recycling Program shall be overseen by the Superintendent of the Department of Public Works. The Superintendent is hereby authorized to establish and promulgate regulations as to the manner, days and time of such collections and the bundling, handling, location and time of placement of all materials for collection by the municipality or any of its agents, servants, employees, or duly authorized recycling contractors. These regulations shall be subject to the advice and consent of the Mayor and Council. The times, dates and manner of collection of recyclables shall be published periodically in a newspaper circulated in the municipality or by posting notices in public places in the municipality. The Superintendent of Public Works may, upon advice and consent of the Mayor and Council, designate such subcode officials as deemed necessary and proper for the enforcement of these provisions.
The Recycling Coordinator shall be primarily responsible for the enforcement of the laws and regulations with respect to recycling within the municipality. The Recycling Coordinator shall be primarily responsible for promoting the municipality's recycling laws and regulations. The Recycling Coordinator shall be responsible for establishing and implementing public education and public awareness programs which shall be consistent with state-mandated recycling laws and regulations and shall also be consistent with laws and regulations of the County of Middlesex concerning recycling.
All owners, lessors, tenants, occupants and users of any real property, living accommodations, commercial enterprises or other facilities located within the municipality, including but not limited to all residential dwelling owners, lessors, lessees and occupants of residential dwellings, commercial establishments, industrial sites, manufacturing sites, office buildings, retail stores, restaurants, diners, taverns, catering facilities, beverages and food service establishments, guest houses, inns, hotels, motels, motor lodges, residence inns, cinemas, theaters, financial institutions, warehouses, junkyards, salvage recovery sites, firms, businesses, companies, nonprofit associations, organizations or institutions, educational institutions, and governmental institutions shall be required to separate designated recyclable items from all other solid waste produced.
The Director of the Department of Public Works and/or the Recycling Coordinator shall issue regulations from time to time upon the advice and consent of the Mayor and Council and, if applicable, upon the review and approval of any authorized recycling contractor, which regulations shall specify the time, location and procedure for disposal of recyclable items. Upon acceptance of the recycling regulations, the Recycling Coordinator shall notify the residents, businesses, associations, and organizations of the municipality of these procedures and regulations as part of the public education and public awareness program consistent with the laws and regulations of the Borough of Highland Park, the County of Middlesex and the State of New Jersey.
It shall be unlawful for any individual, firm, entity, association, organization, business, corporation or company within the municipality to place or cause to be placed in any trash, rubbish and/or garbage receptacle for disposal at a landfill, resource recovery site or other garbage disposal site, any designated recyclables as defined in this chapter or in contravention of any requirements as may be mandated by the laws or regulations of the municipality, County of Middlesex or State of New Jersey.
[Amended 4-1-2008 by Ord. No. 2008-1736; 5-20-2008 by Ord. No. 2008-1739]
All individuals, firms, entities, associations, organizations, businesses, corporations or companies shall separate designated recyclables from their trash, rubbish, and/or garbage and place the designated recyclables in an appropriate receptacle and/or at the appropriate dropoff site as designated by the Superintendent of Public Works, and/or the Recycling Coordinator for separate disposal; by the municipality, or if applicable, the municipality's designated recycling contractor.
[Added 4-1-2008 by Ord. No. 2008-1736; 5-20-2008 by Ord. No. 2008-1739]
The owner, lessee and/or occupant of any commercial or noncommercial structure, or any other resident within the municipality shall place, for removal or collection, the following designated recyclables and shall conform with the following requirements:
Newspaper shall be bundled separately and secured with string, rope or twine in bundles not exceeding 12 inches in height and shall not be contained in plastic bags.
Clean corrugated cardboard shall be bundled separately and secured with string, rope or twine in bundles not exceeding 18 inches in height and shall not be contained in plastic bags.
Glass containers, aluminum cans, steel cans and plastic containers shall be contained in co-mingled containers, or such other container designated by the authority for such use.
Glass containers, aluminum cans and plastic containers shall be thoroughly rinsed before disposal.
Mixed paper shall be placed into the containers provided by the Authority for such purpose.
Textiles shall be placed in the textile bag provided by the Authority for such purpose.
All multifamily dwellings, including but not limited to apartment complexes, condominiums, garden apartments, townhouses, guest houses, hotels, motels, inns, residence inns and motor lodges, and all business sites, industrial sites, manufacturing sites, office buildings, retail stores, restaurants, taverns, cinemas, theaters, financial institutions, junkyards and/or salvage recovery sites shall be required to separate designated recyclables or provide for the separation of designated recyclables in separate receptacles for the collection of designated recyclable consistent with the laws and regulations of the municipality, County of Middlesex and State of New Jersey. There shall be separate receptacles for each item or group of items as mandated by the municipality, unless written permission authorizing an exemption of the requirement for said receptacle is received from the Superintendent of Public Works and/or the Recycling Coordinator.
Except as otherwise provided herein, it shall be considered presumptive evidence that a violation of this chapter has occurred if no receptacle is provided for a designated recyclable or group of designated recyclables. Upon evidence to show that no receptacle has been provided for an item or grouping of items, the burden of proof shall shift to the alleged violator to establish proof of compliance with the mandatory recycling requirements of this chapter.
Any residential, nonprofit association or organization, business, commercial and/or industrial establishment which contracts for recycling with an approved hauler other than the municipality or the municipality's designated recycling contractor shall be required to provide reports to the Recycling Coordinator at least every three months on the tonnage of materials recycled. Said reports shall include proof of the tonnages in the form of weight slips, bills of lading, or other such business records as deemed necessary by the Recycling Coordinator. In addition, the Recycling Coordinator shall require owners or operators of corporations or companies to issue notifications and collection rules to the residents, employees, or clientele of said corporation or company as deemed necessary. Said notifications shall be issued not less than every three months.
Pursuant to N.J.S.A. 13:1E-99.13a and N.J.S.A.13:1E- 99.16c, new developments of multifamily residential units or of commercial, institutional, or industrial properties must comply with the following:
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
Any development application pursuant to N.J.S.A. 40:55D-1 et seq. 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:
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
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 reasonably determined by the Recycling Coordinator.
Prior to the issuance of a certificate of occupancy by the municipality, the owner of any new multifamily housing or of any 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 County does not otherwise provide this service.
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.
Any nonprofit association or organization wishing to collect any designated recyclable may request permission from the Recycling Coordinator. A nonprofit association or organization wishing to collect any recyclable item may request permission from the Recycling Coordinator. A nonprofit association or organization wishing permission to collect a recyclable item must identify the organization on whose behalf the request is being made, the proposed manner of collection (i.e., curbside, receptacle at a specific location, etc.), and must designate an individual who may be contacted by the Recycling Coordinator in the event further information is required. The Recycling Coordinator may approve or deny the nonprofit association or organization's request, based upon the consistency or inconsistency with the laws and regulations of the municipality, County of Middlesex and State of New Jersey. Approval or denial of a request may be conditioned upon any agreement with a recycling contractor, if applicable. It shall be a precondition of approval for any nonprofit association or organization, that said association or organization shall agree to provide the Recycling Coordinator or designated subcode official with data concerning the amount, quantity and/or weight of the materials collected at least every three months. Any nonprofit association or organization failing to cooperate with the Recycling Coordinator may be subject to denial or revocation of permission to collect recyclable items in the municipality.
From time of placement of a recyclable item in a designated drop-off receptacle or at the curb by any resident for collection by the municipality or the municipality's designated recycling contractor, such materials shall become the property of the municipality and it shall be a violation of this chapter for any person, firm, organization, association, business or corporation, other than the municipality, or any of its agents, servants, employees, or duly authorized recycling contractors to tamper with or take or remove or convert to its own use in any way, such material. Each such tampering, removal and/or conversion in violation hereof from one or more receptacles and/or residences during the period shall constitute a separate and distinct offense.
All garbage, trash and other refuse not specifically excepted in this chapter or otherwise prohibited by state or federal regulation from the waste stream shall be placed for collection in solid waste containers as provided in § 350-17.
Yard debris, brush and branches, but not including grass clippings, may be deposited in solid waste containers or securely tied in bundles not exceeding four feet in length and 18 inches in diameter. Each such bundle shall count as a solid waste container.
Bulk items, which because of their size or nature, cannot be deposited in a solid waste container shall be placed for collection in accordance with a special schedule established by the Superintendent of Public Works, except that no single item weighing more than 200 pounds shall be collected.
The following materials may not be placed for collection by the municipality or the County of Middlesex:
Motor oil, used or unused;
Building and site materials;
Hazardous waste as defined by regulation of the New Jersey Department of Environmental Protection;
Hypodermic needles, unless packaged to comply with federal regulations;
Prescription drugs, including controlled dangerous substances as set forth in N.J.S.A. 24:21-5 through 24:21-8.1;
Human and animal tissue.
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
[Amended by Ord. No. 1515]
Regulations governing pickup of garbage, trash and recyclable materials and schedule of collection services shall be initiated by the Superintendent of Public Works and the Authority, and adopted by resolution of the governing body. Upon adoption, public notice of the regulation shall be given as provided herein.
Fees established. The Schedule of Fees for any service or commodity provided by or available from the Department of Public Works shall be established by resolution of the Borough Council annually at its organization meeting. All fees collected pursuant to this subsection shall be delivered to the Finance Director within 48 hours of receipt and shall be used for the general purposes of the Borough.
[Amended by Ord. No. 1664]
In commercial districts where alternate parking and no-parking spaces are designated with every third space designated as no parking, containers shall be placed along the curb at no-parking intervals even if not within the boundaries of the property generating the waste.
Solid waste containers, outside the Business Improvement District, should meet the following criteria:
Each container shall have a capacity of not more than 32 gallons. Heavy-duty plastic disposal bags not less than three mils thick are acceptable solid waste containers, provided that they are securely tied and bound.
No solid waste containers shall weigh more than 50 pounds when placed at the curb for collection.
Solid waste containers shall be of galvanized metal or of plastic composition and shall be able to hold the garbage or trash without breaking or collapsing. They shall have tight-fitting lids or covers and two sturdy handles, shall not have ragged or sharp edges, and shall be maintained in a clean, safe and good condition. All residential solid waste except those materials herein identified as mandatorily recyclable, or otherwise specifically excepted shall be placed in approved solid waste containers.
Solid waste collection from any one pickup site shall not exceed the following limits, excluding containers of recyclables:
Single-family residence: five standard containers or bundles per collection day.
Multifamily residence: five-standard containers per collection day per dwelling unit.
Commercial enterprise: ten-standard containers or bundles per collection day.
Containers must be maintained in a manner that is not dangerous to the health or safety of the public, and any containers that are badly broken, damaged or deteriorated or otherwise fail to meet the requirements of this chapter shall be classified as refuse by the Department of Public Works and disposed of accordingly.
Drums, barrels, containers made of wood, cardboard or composition paper, baskets and paper bags are not acceptable solid waste containers and will not be collected.
All solid waste and trash must be free of protruding nails, wire or other sharp material.
The remains of any dead animal shall be placed for collection only in a tightly closed and secured solid waste container not containing any other solid waste or trash.
No hazardous or prohibited material shall be placed at the curb for collection by the Borough by any resident or entity without first obtaining permission from the Superintendent of Public Works. Upon application for such permission, the Superintendent shall render a decision whether the material is acceptable for disposal in a landfill or must be disposed of by private removal.
No garbage, refuse or solid waste shall be stored or transferred within the limits of the Borough unless prior permission has been granted by the Department of Public Works and the Mayor and Council and provided further that all necessary approvals and permits have been received from the County of Middlesex and the State of New Jersey.
It shall be a violation of this chapter to commit any of the following acts. Commission of each specified act shall be considered a separate violation of this chapter.
To bring materials into the Borough of Highland Park for the primary purpose of introducing them into the trash and/or garbage pickup of the Borough of Highland Park or of any contracted waste hauler serving any building in Highland Park.
To introduce into the waste stream or place for collection prohibited materials.
To hide or disguise mandatory recyclable materials in or among general refuse for purpose of avoiding mandatory separation.
To place freezer or refrigerator at curbside or other collection point without first entirely removing the door(s) from the unit.
To place any material at curbside or other collection point prior to one hour before sundown of the day prior to scheduled pickup of the particular material. An exception will be made if the day prior to pickup is the day upon which a religious holiday is scheduled to start at sundown; then material may be placed for pickup anytime after noon. If a scheduled pickup is not made by reason of a Borough holiday or any type of an emergency, no violation will exist if the materials are removed before midnight of the day so designated as a holiday or emergency.
To place materials at curbside or other pickup point not the residence or place of business of the individual doing so, except as provided herein.
To place solid waste from a residence or business into the waste receptacles provided by the Borough on its thoroughfares, or to place more than one pound of solid waste in one of these receptacles.
To steal or remove said solid waste or recyclable materials once placed for collection by the municipality or the County of Middlesex.
For any person to place material for collection in a container, unless placed as required by this chapter.
For any person to store garbage, trash or recyclable materials (except leaves during the months of October, November and December) in any yard (front or side) adjacent to a street.
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
At the time of issuance of any building permit, the Building Code Official will provide written instruction on proper disposal and recycling of construction and demolition waste and furnish a notification of construction/demolition activity form that must be filled out by the permittee and faxed to the Middlesex County Division of Solid Waste Management within 48 hours of the issuance of the permit.
[Amended by Ord. No. 1664]
The Recycling Coordinator of the municipality is hereby appointed the Enforcement Officer of this chapter. The Recycling Coordinator shall have the authority to issue notice of warnings and notice of violations and order to pay penalties, pursuant to this chapter.
Any person, firm, entity, organization, association, business, corporation or company found guilty of violating any of the provisions of this chapter shall be fined as follows:
First offense: written warning.
Second offense: Within one year of the written warning: $50 fine. Each day such violation is committed or permitted to continue a separate offense shall be punishable as such.
Third and subsequent offenses: Within one year of written warning: $100 and may be ordered to serve a period of community service of eight hours. Each day such violation is committed or permitted to continue a separate offense shall be punishable as such.