It is the purpose of this article to comply
with the mandatory statewide recycling program, P.L. 1987, c. 102, 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."
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, 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]
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.
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.
[Added 3-25-2003 by Ord. No. 1944-2003]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
[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.