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Borough of Fair Lawn, NJ
Bergen County
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Table of Contents
Table of Contents
[Adopted 12-13-1988 by Ord. No. 1413-88]
It is the purpose of this article to comply with the mandatory statewide recycling program, P.L. 1987, c. 102,[1] and the Clean Communities and Recycling Act, N.J.S.A. 13:1E-92 et seq., and will be referred to hereafter as "Recycling Program."
[1]
Editor's Note: See N.J.S.A. 13:1E-99.32 et seq.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this article:
ALUMINUM
A silver-white metallic element, light in weight, ductile, malleable and not readily oxidized or tarnished, originating from the natural state of bauxite, the principal ore of aluminum.
A. 
ALUMINUM CANSContainers made of aluminum used for beverages and/or food products and substances.
B. 
ALUMINUM REGULARAll disposable items made of aluminum, including foil, containers for prepared food, screens and window frames and lawn chairs of that type.
ASPHALT
Any mixture of various dark colored, solid bituminous substances which are by-products of petroleum distillation which combines gravel, crushed rock or the like and is used for paving.
[Added 3-10-2009 by Ord. No. 2144-2009]
BIODEGRADABLE
Capable of being broken down into innocuous products by the metabolic processes of living beings, particularly microorganisms.
BLOCK
A large, flat-sided masonry building unit of cement, terra cotta, etc., that is used for construction purposes.
[Added 3-10-2009 by Ord. No. 2144-2009]
BRICK
A rectangular block of clay or similar material that is baked in a kiln until it is hard and is used for building purposes, walls, paving or other large, permanent structures.
[Added 3-10-2009 by Ord. No. 2144-2009]
CHIPBOARD
All paper products made from multiple paper, such as cardboard, paper and similar products. An example of chipboard is a cereal box.
CONCRETE
A stone-like building material, made by mixing cement, sand and various aggregates with water in specific proportions, that hardens to a strong, stony consistency over varying lengths of time.
[Added 3-10-2009 by Ord. No. 2144-2009]
CORRUGATED CARDBOARD
Boxes of the type with alternate furrows and ridges of heavy kraft paper for protection and/or any container of similar design.
DESIGNATED RECYCLABLE MATERIALS
Recyclable materials as defined in the New Jersey Statewide Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102,[1] including glass, corrugated cardboard, magazines, metal, newspaper, high-grade paper, aluminum, aluminum cans, asphalt, bimetal cans, brick, concrete, glass, plastics, tree parts, yard trimmings and leaves.
[Amended 5-25-2021 by Ord. No. 2579-2021]
ELECTRONICS
Items with electronic components and circuit boards, including but not limited to computers, monitors, printers, computer peripherals, cameras, VCRs, DVD players, stereos, cell phones and televisions (excluding console TVs and projection TVs).
[Added 10-9-2007 by Ord. No. 2092-2007]
FOLIAGE
Leaves of a plant system.
GLASS
All products made from silica or sand, soda, ash and limestone which are transparent or translucent and used for packaging or bottling of various matter and all other materials commonly known as "glass"; excluding, however, blue and flat glass commonly known as "window glass" or "plate glass," light bulbs, ceramics, mirrors and decorative glass.
HIGH-GRADE PAPER
White and/or off-white stationery, photocopy, tab cards, white letterhead, ledger paper; excluding, however, carbon, carbon paper and carbonless paper.
HOUSEHOLD BATTERIES
Only rechargeable batteries.
[Added 9-12-1995 by Ord. No. 1611-95; amended 5-25-2021 by Ord. No. 2579-2021]
LEAVES
The expanded, usually green in color, organs borne by the stem of living vegetation which is a lateral outgrowth of the plant system, commonly referred to as "foliage." Excluded are brush, grass, tree components and grass clippings.
LOGS AND STUMPS
Tree or vegetative waste that is over four inches in diameter and does not fall under the definition of yard waste.
MUNICIPAL SOLID WASTE STREAM
All residential, commercial and institutional solid waste generated within the boundaries of the Borough of Fair Lawn.
NEWSPAPERS
A paper product, including the type distributed usually daily or weekly, having printed thereon news, opinions, advertisements and other matter of public interest. Included herein are magazines, junk mail, soft-cover books and other periodicals.
PERSONS
All individuals, partnerships, corporations, owners, tenants, lessees, firms, societies, schools, churches and associations, either profit or nonprofit, within the Borough of Fair Lawn.
PLASTICS
Those plastics as defined by the Recycling Coordinator.
[Added 9-12-1995 by Ord. No. 1611-95; amended 5-25-2021 by Ord. No. 2579-2021]
PREMISES
A building or structure or piece or tract of land or real estate.
RECYCLABLE LEAF BAGS
Specially made biodegradable, multi-wall (two-ply), usually brown in color, durable wet-strength kraft paper or corn silk bags which can be placed or added directly to composted leaves or yard waste and will not adversely affect performance of the Borough's or other leaf or yard waste compost facilities.
RECYCLING CENTER
Any facility established by the Borough of Fair Lawn designed and operated solely for receiving, storing, processing and transferring source-separated commingled nonputrescible metal, glass, paper, plastic containers and corrugated and other cardboard or other recyclable materials.
[Amended 9-12-1995 by Ord. No. 1611-95]
RECYCLING COORDINATOR
The person appointed by the Borough Manager who shall be authorized to coordinate the Borough's Recycling Program and assist with the enforcement of the provisions of this article and the rules and regulations promulgated in accordance with same.
RULES AND REGULATIONS
Rules, implementation dates, schedules of times and such other requirements promulgated the Borough Manager or his/her designee as may be necessary to carry out the purposes and objectives of this article.
SCRAP METAL
Any metal that is separated from other materials.
[Added 9-12-1995 by Ord. No. 1611-95]
SOLID WASTE
All garbage, rubbish and waste matter usually disposed of under the municipal garbage collection service, and normally placed at curbside by residents and commercial occupants in the Borough of Fair Lawn.
STONE
A piece of hard substance formed from minerals and earth materials that have been shaped for a particular purpose.
[Added 3-10-2009 by Ord. No. 2144-2009]
TIN CANS
All disposable items made of bimetal.
[Added 9-12-1995 by Ord. No. 1611-95]
TIRES
Automobile, light truck or motorcycle tires. Tires from large trucks are defined as "oversized."
[Added 9-12-1995 by Ord. No. 1611-95]
YARD WASTE
All vegetation, and including foliage, grass clippings and tree trimmings up to four inches diameter generated from a plant system.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.32 et seq.
A. 
There is hereby established a program for separation of recyclables from solid wastes on a mandatory basis within the Borough of Fair Lawn for the purpose of recycling.
B. 
The position of Recycling Coordinator is hereby established for the Borough of Fair Lawn and shall have the duties as set forth in the definition of Recycling Coordinator in § 204-2 herein and such other duties as shall be necessary and proper to implement the provisions of this article.
Upon the effective date of this article, it shall be mandatory for all persons to separate designated recyclable materials set forth herein from all other solid waste produced in, on or at any premises in the Borough of Fair Lawn.
A. 
The following recyclable materials are designated to be separated from the municipal solid waste stream by all persons:
(1) 
For residential premises (one-family to four-family dwellings).
(a) 
Glass (effective date of mandatory separation: April 3, 1989):
[1] 
Transparent.
[2] 
Translucent - green in color.
[3] 
Translucent - amber in color.
(b) 
Aluminum (effective date of mandatory separation: April 3, 1989).
(c) 
Newspapers and magazines (effective date of mandatory separation: January 1, 1989).
(d) 
Leaves (effective date of mandatory separation: January 1, 1989).
(e) 
Plastics.
[Added 9-12-1995 by Ord. No. 1611-95; amended 5-25-2021 by Ord. No. 2579-2021]
(f) 
Bimetal cans.
[Added 9-12-1995 by Ord. No. 1611-95]
(g) 
Scrap metal.
[Added 9-12-1995 by Ord. No. 1611-95]
(h) 
Tires.
[Added 9-12-1995 by Ord. No. 1611-95]
(i) 
High-grade paper.
[Added 9-12-1995 by Ord. No. 1611-95]
(j) 
Household batteries.
[Added 9-12-1995 by Ord. No. 1611-95]
(k) 
Yard waste.
(l) 
Logs and stumps.
(m) 
Chipboard.
(n) 
Electronics.
[Added 10-9-2007 by Ord. No. 2092-2007]
(o) 
Asphalt.
[Added 3-10-2009 by Ord. No. 2144-2009]
(p) 
Block.
[Added 3-10-2009 by Ord. No. 2144-2009]
(q) 
Brick.
[Added 3-10-2009 by Ord. No. 2144-2009]
(r) 
Concrete.
[Added 3-10-2009 by Ord. No. 2144-2009]
(s) 
Stone.
[Added 3-10-2009 by Ord. No. 2144-2009]
(2) 
For business and/or commercial premises.
(a) 
Glass:
[1] 
Transparent.
[2] 
Translucent - green in color.
[3] 
Translucent - amber in color.
(b) 
Aluminum.
(c) 
Newspapers and magazines.
(d) 
Corrugated cardboard.
(e) 
High-grade paper.
(f) 
Leaves.
(g) 
Plastics.
[Added 9-12-1995 by Ord. No. 1611-95; amended 5-25-2021 by Ord. No. 2579-2021]
(h) 
Bimetal cans.
[Added 9-12-1995 by Ord. No. 1611-95]
(i) 
Scrap metal.
[Added 9-12-1995 by Ord. No. 1611-95]
(j) 
Tires.
[Added 9-12-1995 by Ord. No. 1611-95]
(k) 
Household batteries.
[Added 9-12-1995 by Ord. No. 1611-95]
(l) 
Electronics.
[Added 10-9-2007 by Ord. No. 2092-2007]
(m) 
Asphalt.
[Added 3-10-2009 by Ord. No. 2144-2009]
(n) 
Block.
[Added 3-10-2009 by Ord. No. 2144-2009]
(o) 
Brick.
[Added 3-10-2009 by Ord. No. 2144-2009]
(p) 
Concrete.
[Added 3-10-2009 by Ord. No. 2144-2009]
(q) 
Stone.
[Added 3-10-2009 by Ord. No. 2144-2009]
(r) 
Yard waste.
[Added 3-10-2009 by Ord. No. 2144-2009]
(s) 
Logs and stumps.
[Added 3-10-2009 by Ord. No. 2144-2009]
(3) 
Garden apartment, condominium or townhouse complexes and premises.
(a) 
Same as for residential property set forth above.
B. 
General obligations of property owner. All persons who are owners, lessees or occupants of premises in the Borough shall separate the recyclable materials set forth above from any other trash and garbage produced by any such premises and shall separately bundle or containerize same for pickup, collection and recycling, in accordance with all applicable regulations. The Borough may issue regulations, or the Borough Council may pass a resolution, exempting from total or partial compliance those residential properties whose sole occupant or occupants are unable to meet the requirements of this chapter by reason of a physical disability.
[Amended 5-25-2021 by Ord. No. 2579-2021]
C. 
Separation and placement in containers or bundles as applicable. All recyclables shall be placed for pickup, collection and recycling or dropped off at the recycling center in strict conformity with the following regulations:
[Amended 9-12-1995 by Ord. No. 1611-95; 11-13-1995 by Ord. No. 1614-95; 5-25-2021 by Ord. No. 2579-2021]
(1) 
Used newspapers shall be separated and secured in bundles not to exceed 12 inches in height or in paper bags or placed in a container between five gallons and 40 gallons in size.
(2) 
Aluminum, glass, plastic and bimetal cans shall be commingled and placed in a container between five gallons and 40 gallons in size.
(3) 
Tires must be taken to the recycling center during regular operating hours at no charge. The Borough Council by resolution may charge for each automobile, motorcycle, light truck and oversized tire accepted at the recycling center.
(4) 
Household batteries must be taken to the recycling center during regular operating hours.
(5) 
Waste must be in a sturdy container not weighing more than 40 pounds nor over 40 gallons in size. Branches must be string tied in lengths not more than three feet.
(6) 
Logs/stumps are not collected at curbside but may be brought to the recycling center. Commercial vehicles are prohibited from dumping yard waste, logs or stumps at the recycling center. Commercial vehicles are defined as any vehicle generally used for commercial purposes or displaying commercial license plates.
(7) 
Cardboard must be broken down for easier handling and contained in another cardboard box or string tied to prevent spillage/blowing.
(8) 
Chipboard may be placed with the newspapers and follow the same regulations for newspaper.
(9) 
All containers referenced above shall be of rigid construction and shall not be less than five gallons or more than 40 gallons unless a different sized container has been approved by the Recycling Coordinator and a Borough-issued sticker is affixed thereon.
A. 
All newspapers shall be source separated using a method of disposal as set forth hereinafter.
B. 
Curbside disposal.
(1) 
Newspapers shall be bundled separately in units not to exceed 30 pounds in weight and 12 inches in height. Bundles may be placed in paper bags, or string tied or placed in a container between five gallons and 40 gallons in size. Newspapers should be placed at the curb for collection on days and at times pursuant to the rules and regulations promulgated hereunder.
[Amended 5-25-2021 by Ord. No. 2579-2021]
(2) 
Recycling center disposal. At the option and expense of persons required to separate newspapers, newspapers may be brought to the recycling center owned by the Borough of Fair Lawn. In this event, bundling required in curbside disposal in the above subsection is waived and subject to rules and regulations in effect at the recycling center.
(3) 
Volunteer or charitable recycling drive disposal. 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 nature of the collection in accordance with rules and regulations promulgated by the Recycling Coordinator. Should any person elect to use this method, full information shall be provided to the Recycling Coordinator in a manner on a form prescribed pursuant to the rules and regulations promulgated hereunder.
(4) 
Other lawful disposals. At the option and expense of persons required to separate newspapers, other methods of lawful disposal, such as sale to other recycling centers or disposal by a private contractor, may be utilized, provided that in no event shall newspapers be disposed of as part of solid waste. Should any person elect to use this method, full information shall be provided to the Recycling Coordinator in a manner or form prescribed pursuant to the rules and regulations promulgated hereunder.[1]
[1]
Editor's Note: Original Section 17-6.4-1(a)(5), Fair Lawn Non-Profit Program, which immediately followed this subsection, was repealed 9-12-1995 by Ord. No. 1611-95.
A. 
Effective September 1, 1988, all leaves generated from trees lying within the boundaries of the Borough of Fair Lawn shall be source separated by all persons for removal from the municipal solid waste stream pursuant to the following methods of disposal.
B. 
Method of disposal.
(1) 
As designated by the rules and regulations promulgated hereunder, no person shall sweep, rake, blow or deposit leaves or yard waste into any street, right-of-way or public place within the Borough. All leaves and yard waste must be bagged in recyclable biodegradable leaf bags or placed in a container between five gallons and 40 gallons in size and shall be placed at the curb in front of said property and shall thereafter be subject to collection by the Borough. Collection of leaves and yard waste by the Borough shall be according to the rules, regulations and schedule of collection of leaves and yard waste. Leaves and yard waste may also be dropped off at the recycling center during regular operating hours.
[Amended 4-12-2005 by 2009-2005; 5-25-2021 by Ord. No. 2579-2021]
(a) 
The placement of leaves and yard waste in any street, right-of-way or public place within the Borough is a violation of this subsection. The placement of leaves and yard waste at the curb not during the schedule of collection is a violation of this subsection. If such placement of leaves and yard waste occurs, the party responsible for placement of the yard waste and leaves must remove the yard waste and leaves from the street or curb or said party shall be deemed in violation of this subsection.
(2) 
Fair Lawn residents engaging landscapers.
(a) 
Landscaping and other similar businesses engaged by Fair Lawn residents only, to do related work in Fair Lawn, may apply for a permit to dispose of their leaves at the Fair Lawn recycling composite site. The leaves, as set forth herein, shall have been collected from residential property or public or private parks which are located within the geographical confines of the Borough of Fair Lawn.
[Amended 10-12-1999 by Ord. No. 1774-99]
(b) 
Application for computer-printed registration forms under this article shall be made in writing to the Recycling Coordinator on forms established pursuant to the Rules and Regulations hereunder and all information on the form must be provided by the applicant.
(c) 
One computer-printed registration form shall be issued by the Recycling Coordinator for each vehicle and must be affixed to a window of the vehicle as prescribed by the Recycling Coordinator. A fee payable to the Borough of Fair Lawn, as set from time to time by resolution of the Borough Council,[1] shall be charged for each form.
[Amended 11-13-1995 by Ord. No. 1614-95]
[1]
Editor's Note: See Ch. 94, Fees, Art. VI, Schedule of Fees.
(d) 
The permit is valid during the leaf season as designated by the Borough and is nontransferable.
[Amended 5-25-2021 by Ord. No. 2579-2021]
(e) 
Disposal of material at the recycling compost site must be made according to the rules and regulations established hereunder.
(f) 
Fair Lawn Board of Education vehicles are exempt from the payment of the fee for each vehicle but are subject to all rules and regulations promulgated hereunder.
[Amended 11-13-1995 by Ord. No. 1614-95]
(g) 
Acknowledgment and oath.
[Added 10-12-1999 by Ord. No. 1774-99]
[1] 
All applicants for a computer-printed registration form as set forth herein shall execute an acknowledgment in a form to be prepared by the Borough Manager, at the time of purchase of the disposal sticker permit, which shall acknowledge that only leaves, as defined herein and collected within the Borough of Fair Lawn, may be disposed of at the Fair Lawn recycling compost site pursuant to the permit. The form shall include an acknowledgment of the penalty for a violation of the disposal permit restrictions. The form must be in the vehicle and presented when dumping leaves.
[2] 
Each holder of a computer-printed registration form shall, at the time of disposal at the Fair Lawn recycling compost site, execute a form, under oath, to be prepared by the Borough Manager that certifies that the disposal being made by the holder of the permit contains leaves, as defined herein, and shall have been solely generated from within the geographical confines of the Borough of Fair Lawn.
(h) 
Penalties relating to violations of § 204-20B(2). Notwithstanding the penalty set forth in § 204-30, any person who violates the provisions of this § 204-20B(2) shall, upon conviction thereof, be subject to the revocation of the disposal sticker permit and to the minimum penalty of a fine of $500 for a first offense and from $500 to $1,000 for any subsequent offense, imprisonment for a period not exceeding 90 days, or to a period of community service not exceeding 90 days at the discretion of the Municipal Court Judge.
[Added 10-12-1999 by Ord. No. 1774-99]
(3) 
Other accepted methods of disposal.
(a) 
All persons owning property within Fair Lawn municipal boundaries who source separate their leaves or yard waste from solid waste generated on their Fair Lawn owned property may:
[1] 
Store leaves for composting or mulching on their property in a manner approved by the rules and regulations established hereunder.
[2] 
Bring their leaves and/or yard waste to the Fair Lawn recycling compost site and deposit them in the area designated. Should any person exercise this option leaves do not have to be bagged in recyclable leaf bags and may be brought loose in vehicles or their own reusable containers. All nonrecyclable bags or containers shall be removed by the user of same and not left at the recycling center.
A. 
All glass and aluminum shall be source separated using a method of disposal as set forth hereinafter.
B. 
Method of disposal.
[Amended 9-12-1995 by Ord. No. 1611-95]
(1) 
Curbside disposal. All recyclables, except batteries and tires, shall be placed at the curb for collection on days and at times and in such manner as shall be designated by the Borough Manager or his/her designee, pursuant to the rules and regulations promulgated hereunder.
(2) 
Recycling center disposal. At the option and expense of persons required to recycle, all recyclables may be brought to the Recycling Center owned by the Borough of Fair lawn. In this event, containers as required in curbside disposal are waived and subject to rules and regulations in effect at the Recycling Center.
(3) 
Volunteer or charitable recycling drive disposal. Nothing herein contained shall be construed to limit volunteer, charitable or other organizations from conducting recycling 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 rules and regulations promulgated by the Recycling Coordinator. Should any person elect to use this method, full information shall be provided to the Recycling Coordinator in a manner or form prescribed pursuant to the rules and regulations promulgated hereunder.
(4) 
Other lawful disposals. At the option and expense of persons required to recycle, other methods of lawful disposal, such as sale to other recycling centers or disposal by a private contractor, may be utilized, provided that in no event shall recyclables be disposed of as part of solid waste. Should any person elect to use this method, full information shall be provided to the Recycling Coordinator in a manner or form prescribed pursuant to the rules and regulations promulgated hereunder.
[Added 3-25-2003 by Ord. No. 1944-2003]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COMMON DUMPSTER FOR CONSTRUCTION WASTE
The dumpster provided by the Borough at the Borough’s Recycling Center and designated as the common dumpster for deposit of construction waste.
CONSTRUCTION WASTE
Shall include but not be limited to all waste building materials, fixtures, or debris, whether from new construction, remodeling or demolition.
B. 
Method of disposal.
(1) 
Curbside collection. Construction waste shall be collected by the Borough at the curbside of residential premises twice a year on dates to be determined by the Borough Manager in coordination with the Recycling Coordinator. Construction waste is limited to four thirty-two-gallon containers of construction materials or the equivalent amount up to 240 pounds on each of the two days. Any amount that exceeds these regulations will not be collected.
(2) 
Recycling center disposal. Construction waste may also be brought to the recycling center owned by the Borough of Fair Lawn. In this event, containers as required in curbside disposal are waived and construction waste recycling is subject to the following rules and regulations:
(a) 
A ticket must be obtained per carload of construction waste in order to dispose of same at the recycling center.
(b) 
The cost of a ticket to dispose of construction waste at the recycling center is $50 each.
[Amended 5-25-2021 by Ord. No. 2579-2021]
(c) 
Disposing of construction waste at the recycling center requires the following number of tickets per disposal:
[Amended 5-25-2021 by Ord. No. 2579-2021]
Type of Vehicle
Number of Tickets
Passenger car
1
Pickup truck
3
SUV/Van
3
Trailer
1
(d) 
Tickets shall be sold at the Borough Tax Collector’s office at the Borough Municipal Building and at the Borough Recycling Center, Monday through Friday, during regular office hours.
(e) 
Only bona fide Fair Lawn residents are eligible to purchase a ticket to dispose of construction waste at the recycling center.
(f) 
There is no limit placed on the number of tickets that may be purchased by a bona fide Fair Lawn resident.
(g) 
The tickets shall be valid for one year from the date of issue but shall expire on the one-year anniversary and shall not be valid thereafter.
(h) 
No refunds shall be paid by the Borough for unused or expired tickets.
(i) 
No commercial or rented vehicles shall be allowed to dispose of construction waste. Passenger vehicles that are leased for general vehicular use are permitted. Commercial vehicles are defined as any vehicle generally used for commercial purposes or displaying commercial license plates.
[Amended 5-25-2021 by Ord. No. 2579-2021]
(j) 
No contractors shall be allowed to dispose of construction waste.
(k) 
There shall be no splitting of tickets for partial loads, and the appropriate number of tickets as set forth above is required regardless of the size of the load.
(l) 
Construction waste shall not include concrete, asphalt, brick, block, stone, rocks, dirt, or household garbage. These items are prohibited from being placed in the construction waste dumpster as set forth above.
Nothing in this article shall be deemed to prohibit any owner, lessee, or occupant of residential property of disposing of recyclable materials privately through a sale or provided that in no event shall such recyclable materials be disposed of as part of the solid waste pickup by the Borough of Fair Lawn.
With the exception of newspapers placed at curbside in connection with volunteer or charitable recycling drives as outlined in § 204-19B(3), from the time of placement of any recyclable material by any person at the curb for collection by the Borough of Fair Lawn or its authorized agent, pursuant to the rules and regulations herein contained or hereafter promulgated, such recyclable material shall become the sole property of the Borough of Fair Lawn or its authorized agent. It shall be a violation of this article for any persons unauthorized by the Borough to pick up or cause to be collected or picked up any such recyclable material. Each violation of this article from one or more premises shall constitute a separate and distinct offense punishable as hereinafter proved.
Effective April 3, 1989, it shall be mandatory for all owners, lessees and occupants of garden apartment, condominium and townhouse residential properties to comply with all the requirements contained in this article pertaining to them. It shall be the obligation of the owner of the apartment complex or the condominium/townhouse association to provide an on-site storage and collection point for the recyclable materials. The Recycling Coordinator shall determine a schedule and method for the collection of said materials.
A. 
It shall be mandatory for all owners, lessees and occupants of any business and/or commercial properties and for all private, public and governmental institutions and buildings to separate the following materials from that firm's solid waste stream: corrugated cardboard, leaves, glass, newspaper, aluminum, high-grade paper, plastic bottles, bimetal cans, scrap metal, household batteries and tires.
[Amended 9-12-1995 by Ord. No. 1611-95]
B. 
Registration requirements. It shall be the responsibility of all owners, lessees and occupants of business and/or commercial properties to register annually with the Municipal Recycling Coordinator on forms provided by the Borough. The annual registration must be filed with the Recycling Coordinator on or before January 10 of each year. New businesses and/or commercial properties must file within 45 days of the issuance of a certificate of occupancy.
C. 
Reporting requirements. It shall be the responsibility of all owners, lessees, and occupants of business and/or commercial properties to report to the Recycling Coordinator on or before March 1 for the preceding year the quantities of materials recycled on forms prescribed and provided by the Recycling Coordinator.
D. 
For those business and/or commercial properties which sell their recyclable materials through a third-party recycler, an exemption from the Recycling Program may be requested by any owner, lessee or occupant of business and/or commercial properties by filing with the Recycling Coordinator the form entitled "Request for Exemption from Mandatory Municipal Recycling Program." The reporting requirements of § 204-25C above shall remain in effect.
[Amended 5-25-2021 by Ord. No. 2579-2021]
A. 
The Recycling Coordinator, upon adoption of this article, shall notify all persons owning, leasing or occupying property within the Borough of Fair Lawn of the Borough's recycling responsibilities and the source separation requirements of this article. Such notification may include, but not be limited to, direct mail, email notification, posting to the Borough website and social media sites, newspaper advertising and by posting a notice in public places where public notices are customarily posted by the Borough.
B. 
After initial notification, the Recycling Coordinator may periodically notify all persons owning, leasing or occupying residential, commercial and institutional premises within the Borough of Fair Lawn of local recycling opportunities and the source separation requirements of this article. Such notification may include, but not be limited to, direct mail, email notification, posting to the Borough website and social media sites, newspaper advertising and by posting a notice in public places where public notices are customarily posted by the Borough.
This article shall be referred to the Planning Board of the Borough of Fair Lawn for a revision of the Master Plan in accordance with N.J.S.A. 13:1E-99.16(c), specifically with regard to the collection, disposition and recycling of designated recyclable materials within any development proposal for the construct of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet of land. The Planning Board shall also make recommendations to the Mayor and Council for amendments to the Borough's Zoning Ordinance and the Subdivision Site Plan Ordinance in accordance with this article.
The Mayor and Council authorize the Borough Manager or his/her designee to establish and promulgate rules and regulations in accordance with the provisions hereof. The rules and regulations shall provide for the manner, days and times for the collection, storage, transportation, sale and/or marketing of the recyclable materials and for obtaining and maintaining compliance with the provisions of this article.
This article shall be enforced by the Recycling Coordinator, by the Department of Health, Police and Public Works, by the Code Enforcement Officer's office and such other employees or departments of the Borough as designated in writing by the Borough Manager.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, General Provisions, Article III.