There is hereby established a Recycling Program
within the Borough of Fort Lee as follows.
It is the purpose of this article to comply
with the mandatory statewide recycling program, L. 1987, c. 102, and
the Clean Communities and Recycling Act, N.J.S.A. 13:1E-92 et seq.
As used in this article, the following terms
have the meanings indicated:
CONSTRUCTION AND DEMOLITION DEBRIS
Source-separated, nonputrescible recyclable material generated
from the construction, alteration, repair, maintenance and/or demolition
of structures within Bergen County. This material shall include concrete,
bricks, block, ferrous and nonferrous scrap, asphalt, asphalt shingles,
recyclable wood scrap and any and all other material generated from
the construction, alteration, repair, maintenance and/or demolition
of a structure or structures within Bergen County that a municipality
may deem recyclable.
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials, including but not limited to
the following items: metal, glass, paper or plastic containers, food
and waste, corrugated and other cardboard, newspaper, magazines or
high-grade office paper designated in this article to be source separated.
FERROUS SCRAP METAL
All items made of steel, cast iron, tin-plated steel and
white goods (such as stoves and refrigerators).
GLASS
All products made from silica or sand, soda ash and limestone
(the produce being used for packaging or bottling of various matter)
and all other material known by this term, excluding however, blue,
white and flat glass commonly known as "window or plate glass."
GRASS
Green herbage sending up spike-like shoots or blades.
HIGH-GRADE PAPER
White typing and ledger paper, white notepad paper, copy
paper, carbonless computer printout paper, manila tab cards and file
folders.
MAGAZINES
All magazines or periodicals printed on glossy stock or paper
of heavier quality than that commonly recognized as "newsprint."
MIXED PAPER
A mixture of various grades of recyclable wastepaper, not
limited to fiber content, and includes but is not necessarily limited
to most types of clean and dry paper, including: gloss, white ledger
and computer papers, newspapers, magazines, catalogs, phone books,
cards, laser-printed white ledger, windowed envelopes, and sticky
notes.
[Added 3-12-2009 by Ord. No. 2009-13]
MUNICIPAL SOLID WASTE STREAM
All residential, commercial and institutional solid waste
generated within the boundaries of the borough, as measured in tons.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and
distributed at stated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matters of public interest.
PAPER
All newspaper, high-grade office paper, fine paper, bond
paper, offset paper, xerox-graphic paper, mimeo paper, duplicator
paper and related types of cellulosic material containing not more
than 10% by weight or volume of noncellulosic material such as laminates,
binders, coatings or saturants.
PAPER PRODUCT
Any paper items or commodities, including but not limited
to paper napkins, towels, corrugated and other cardboard, construction
material, toilet tissue, paper and related types of cellulosic products
containing not more than 10% by weight or volume of noncellulosic
material such as laminates, binders, coatings or saturants.
PERSONS
All individuals, partnerships, corporations, owners, tenants,
lessees, firms, societies, schools, churches and associations, either
profit or nonprofit, within the Borough of Fort Lee.
PLASTIC CONTAINER
A hermetically sealed, or made airtight with a metal or plastic
cap, container with a minimum wall thickness of not less than 0.010
inches and composed of thermoplastic synthetic polymeric material.
PLASTIC CONTAINERS, TYPE 1
Hermetically sealed or made airtight with a metal or plastic
cap. Type 1 containers are made of polyethylene terephthalate (PET,
PETE). Examples include but are not limited to soft drink bottles
and salad dressing, mouthwash and peanut butter containers. These
containers are commonly coded on the bottom of the container with
the raised resin identity code number 1 inside the universal recycling
symbol (triangle of three chasing arrows) and/or the letters “PET”
or “PETE.”
[Added 3-12-2009 by Ord. No. 2009-13]
PLASTIC CONTAINERS, TYPE 2
Hermetically sealed or made airtight with a metal or plastic
cap. Type 2 containers are made of high-density polyethylene (HDPE).
Examples include but are not limited to milk jugs, water bottles,
and bleach and household cleaner containers. These containers are
commonly coded on the bottom of the container with the raised resin
identity code number 2 inside the universal recycling symbol (triangle
of three chasing arrows) and/or the letters “HDPE.”
[Added 3-12-2009 by Ord. No. 2009-13]
RECYCLABLE MATERIAL
Those materials which would otherwise become municipal solid
waste, which may be collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products.
RECYCLED PAPER
Any paper having a total weight consisting of not less than
50% secondary wastepaper material.
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 CENTER
Any facility designed and operated solely for receiving,
storing, processing and transferring source-separated, nonputrescible
or source-separated commingled nonputrescible metal, glass, paper,
plastic containers, corrugated and other cardboard or other recyclable
materials approved by the department of environmental protection.
RECYCLING COMMITTEE
The group of persons appointed by the Mayor and Council who
shall meet with and make recommendations to the Recycling Coordinator
regarding rules, regulations and enforcement of the provisions of
this article. The Committee shall consist of five persons, appointed
for one-year terms by a majority vote of the Council, and shall at
all times be comprised of the following: one single-family homeowner,
one superintendent of a commercial multifamily residential high-rise
structure, one tenant in a multifamily residential high-rise structure,
one member of the Fort Lee Chamber of Commerce and one member of the
Department of Public Works.
RECYCLING COORDINATOR
The person appointed by the Mayor and Council who shall be
authorized to coordinate the borough's recycling program and assist
with the enforcement of the provisions of this article.
RECYCLING SERVICES
The services provided by persons engaged in the business
of recycling, including the collection, processing, storage, purchase,
sale or disposition, or any combination thereof, of recyclable materials.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials, including but not limited to paper,
metal, glass, food waste, office paper and plastic which are kept
separate and apart from residential, commercial and institutional
solid waste by the generator thereof for the purposes of collection,
disposition and recycling.
WHITE GOODS
Household bulky items such as washing machines, refrigerators,
stoves, hot-water heaters, household appliances, tires, household
furniture, bed frames and mattresses. Construction material such as
concrete, wood, logs, stone, tree stumps, asphalt are not collection
items, and disposition of these items shall be the responsibility
of the owner or contractor doing the work.
There is hereby created the position of Fort
Lee Recycling Coordinator.
The following materials are designated as recyclable
under the Fort Lee Mandatory Program:
B. Newspapers and magazines.
M. Construction and demolition debris.
N. Mixed
paper.
[Added 3-12-2009 by Ord. No. 2009-13]
O. Type 1
and 2 plastic containers.
[Added 3-12-2009 by Ord. No. 2009-13]
On and after the effective date of this article, it shall be mandatory for all persons who are owners, lessees and occupants of property in the Borough of Fort Lee to separate the recyclable materials designated in §
356-23 above from all other solid waste.
[Amended 12-16-2010 by Ord. No. 2010-29]
The owner, lessee or occupant of every property
within the Borough of Fort Lee shall source-separate leaves from solid
waste generated at that property. From October 15 through December
15, leaves shall be placed in the street at curbside in front of the
property. Catch basins and drainage of stormwater shall not be impeded
or blocked in any way so as to not allow stormwater runoff. At all
other times, leaves shall be placed in paper bags only for pick-up
by the Department of Public Works.
Collection of domestic or household bulky items,
such as washing machines, refrigerators, stoves, household appliances,
tires and other household furnishings, shall not be placed at the
curb for collection unless special arrangements have first been made
with the Recycling Coordinator.
Collection from curbside of recyclable materials
shall be made by borough employees or by contract for outside services,
as directed by the Mayor and Council of the borough, with primary
administrative supervision under the control of the Recycling Coordinator.
The Recycling Coordinator may be authorized
from time to time to sell and deliver, by bid or by contract approved
by the Mayor and Council, recyclable materials so collected in order
to obtain the best possible price and/or service.
From the time recyclable materials are placed
at the curb by the owner, lessee or occupant for collection by the
Borough of Fort Lee, such recyclable materials shall become the property
of the borough. It shall be a violation of this article for any person
unauthorized to collect or dispose of recyclable materials under this
article.
The Recycling Coordinator shall annually submit
a recycling tonnage report to the New Jersey Office of Recycling.
This article shall be referred to the Board
of Adjustment and to the Planning Board of the Borough of Fort Lee
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 construction of single or 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 Subdivision and Site Plan Ordinance in accordance with this article.
The Recycling Coordinator, Department of Health
and Police Department are hereby authorized and directed to enforce
this article. The Recycling Coordinator, after deliberation and upon
the advice of the Recycling Committee, is hereby authorized and directed
to enforce this article. The Recycling Coordinator is hereby authorized
and directed to establish and promulgate reasonable regulations as
to the manner, days and times for the collection of recyclable materials
in accordance with the terms hereof; said rules and regulations are
subject to change, modification, repeal or amendment by majority vote
of the Mayor and Council.
Any person, firm or corporation violating the provisions of this article shall be liable to a maximum penalty at the discretion of the Judge of the Municipal Court of the Borough of Fort Lee of not more than $25 for the first offense and not more than $100 for each and every subsequent offense; excepting that a person violating §
356-30 of this article shall be liable to a maximum fine of $500 or imprisonment in the county jail for a period not to exceed 90 days, or both.