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.