[Added 9-8-1987 by Ord. No. 87-24; amended 5-10-1988 by Ord. No. 88-07; 10-23-1990 by Ord. No. 90-28; 11-26-1991 by Ord. No. 91-28; 8-11-1992 by Ord. No. 92-09]
[Amended 8-10-1993 by Ord. No. 93-24; 5-25-2010 by Ord. No. 10-07]
As used in this article, the following terms shall have the
meanings indicated:
Retail, wholesale, restaurants, taverns, schools, institutions,
including government, warehouses, construction sites, factories, offices,
etc., but specifically excludes fairs, parks, concerts, and other
outdoor events;
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
A subset of electronic waste which shall include only the
following: a computer central processing unit of a laptop computer
or desktop computer, a cathode ray tube, a cathode ray tube device,
a flat panel display or similar video display device with a screen
that is greater than four inches measured diagonally and that contains
one or more circuit boards, including a television, and cell phones.
Those materials designated below that shall be source-separated
for the purpose of recycling. these materials include:
Designated materials for residential waste generators:
Aluminum, tin, steel;
Corrugated cardboard;
Glass containers;
Grass, brush, leaves;
Household batteries;
Leaves;
Mixed paper;
Motor oil;
Motor oil filters;
Newspaper;
Office paper;
Plastic containers (Nos. 1 and 2);
Tires;
Vehicle batteries;
White goods (air conditioners, refrigerators);
Wood.
Source separation and recycling requirements for commercial,
institutional and industrial waste generators:
Aluminum, tin, and steel;
Computers and peripherals;
Corrugated cardboard;
Fluorescent bulbs;
Glass containers;
Grass, brush, leaves;
Household batteries;
Leaves;
Mixed paper;
Masonry (asphalt, brick, block, concrete);
Motor oil;
Motor oil filters;
Newspaper;
Office paper;
Plastic containers (Nos. 1 and 2);
Tires;
Vehicle batteries;
White goods (air conditioners, refrigerators);
Wood.
A computer central processing unit and associated hardware
including keyboards, modems, printers scanners and fax machines; a
cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television, and cell phones.
Any building or structure or complex of buildings in which
five or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (see N.J.S.A.
13:1E- 99.13a) and shall include hotels, motels, or other guest houses
serving transient or seasonal guests as those terms are defined under
Subsection (j) of § 3 of the Hotel and Multiple Dwelling
Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this article, and any rules and regulations which may
be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of the Borough of Garwood.
Those materials which would otherwise become solid waste,
and which may be collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
A specific hazardous waste stream that has been designated
by EPA or those waste streams identified in the New Jersey Universal
Waste Rule (N.J.A.C. 7:26A-7). Only the following materials may be
managed as universal waste:
[Amended 8-10-1993 by Ord. No. 93-24; 5-25-2010 by Ord. No. 10-07]
A.
Mandatory source separation: It shall be mandatory for all persons
who are owners, tenants, or occupants of residential and nonresidential
premises, which shall include but not be limited to retail and other
commercial locations, as well as government, schools and other institutional
locations within the Borough of Garwood, to separate designated recyclable
materials from all solid waste. Designated recyclable materials shall
be deposited separate and apart from other solid waste generated by
the owners, tenants, or occupants of such premises and shall be placed
separately at the curb or other location(s) in a manner and on such
days and times as may be hereinafter established by regulations promulgated
by the municipality.
B.
Exemptions: Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source-separate from
the municipal solid waste stream, the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this article, a commercial or institutional generator of solid
waste shall file an application for exemption with the municipal recycling
coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled, and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the municipal recycling coordinator
of the total number of tons collected and recycled for each designated
material. The recycling coordinator shall grant or deny said application
within 30 days of submittal. In the event of a denial, the applicant
may appeal within 10 days of the denial to the Borough Council, which
shall affirm, reverse or modify the denial within 30 days after receipt
of the appeal.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.
All containers and brown paper bags containing recyclable materials
shall be placed, prior to collection, between the curb and the sidewalk,
or in the absence of curb and sidewalk, as near to the street as not
to constitute a danger, where such receptacles shall be readily accessible
to the collector without providing obstruction to pedestrians. The
owner or occupant of the premises shall keep all receptacles clean
and in safe handling condition. Receptacles or other items to be disposed
of shall be placed as noted above anytime after 5:00 p.m. of the day
immediately preceding the day of collection, but no later than 6:00
a.m. of the day of collection. After collection, any containers shall
be removed from the curbside by no later than 7:00 p.m. of the day
of collection.
B.
All receptacles or dumpsters shall be maintained in accordance with
the Health Code of the Borough of Garwood.
A.
The owner of any residential property shall be responsible for compliance
with this article. Citizens are responsible for source-separating
mandated items according to this article and delivering them to the
municipal collection system (whether curbside collection, bulk center
or drop-off center). These items must be source-separated; no mandated
recyclables are permitted in the garbage put out for collection; no
garbage is permitted in recyclables placed in the municipality's collection
system.
B.
For multifamily units, the owner or manager is responsible for the
following:
(1)
The property owner/management is responsible for ensuring that a
recycling system is established and that it is operated in compliance
with the requirements of this article. The property owner/management
is responsible for setting up and maintaining the recycling system.
The property owner/management is responsible for receiving and responding
to warnings, notices of violation, and penalty assessments and for
correcting violations. The property owner/management will be expected
to correct violations promptly and to make necessary direct contacts
with residents.
(2)
Drop-off centers (bulk centers), if in use, must be established and
maintained so that they are conveniently accessible to residents.
Curbside collection may be made available in place of, or in conjunction
with, these drop-off centers. The recycling system must provide for
all designated recyclables in the residential waste stream. The recycling
system may utilize separate containers for each recyclable material
or it may provide for two or more materials to be placed in one container
provided the recycling hauler can take the materials commingled. Containers
must be clearly marked and the area neatly maintained. Container capacity
must be adequate to hold the amount of materials generated between
pick-ups. It must be clear to an inspector that the system is being
serviced.
(3)
It must be clear that the system is being used properly by employees
and tenants. There must not be garbage in the recycling containers
or recyclables in the garbage containers. The property owner/management
is responsible for resolving problems which may arise from the improper
use of containers and for training employees and tenants to properly
understand and use the recycling system.
(4)
Notification and collection rules shall be issued by the management
to new tenants when they arrive and to all residents every three months.
Copies of these notices, or other proof of distribution of the notices,
must be sent to the municipal recycling coordinator at the time of
each mailing or distribution.
(5)
The property owner/management is responsible for arranging to have
recyclables picked up and for resolving any problems with the transporter
of recyclables, unless recyclables are picked up pursuant to a municipal
system of collection of recyclables.
(6)
The property owner/management must arrange to obtain documentation
in order to report the tonnages of materials recycled at least once
per year (or as specified by the municipality) or else he/she must
arrange to have the collector provide that documentation directly
to the municipality. Arrangements with recycling companies or with
haulers handling recyclables should include provisions for obtaining
this information. Documentation must be maintained by the management.
When the municipality provides recyclables collection service, reporting
and proof are not needed.
(7)
Single/dual-stream recycling: Multifamily locations may opt to collect
their recyclables in a single stream or dual stream (fiber, commingled)
provided the material recovery facility (MRF) that receives the material
has certified that they have the ability to separate and maximize
the capture rate of the designated recyclables. The UCUA Division
of Solid Waste Management will compile and maintain an updated list
of those facilities.
A.
The owner/operator (or in case of construction, the contractor),
is responsible for ensuring that a recycling system is established
and that it is operated in compliance with the requirements of this
article. The owner/operator/contractor is responsible for setting
up and maintaining the recycling system. The owner/operator/contractor
is responsible for receiving and responding to warnings, notices of
violation, and penalty assessments and for correcting violations promptly.
B.
The recycling system must be established and maintained so that it
is conveniently accessible to users. The recycling system must provide
for all designated recyclables in the commercial/institutional waste
stream. The recycling system may utilize separate containers for each
recyclable material or it may provide for two or more materials to
be placed in one container provided the recycling hauler can take
the materials commingled. Containers must be clearly marked and the
area neatly maintained. Container capacity must be adequate to hold
the amount of materials generated between pick-ups. It must be clear
to the inspector that the system is being serviced.
C.
The owner/operator/contractor must ensure that the system is being
used properly by employees, customers or tenants. There must not be
garbage in the recycling containers or recyclables in the garbage
containers. The owner/operator/contractor is responsible for resolving
problems which may arise from the improper use of containers and for
instructing employees, tenants, and customers to understand and use
the recycling system.
D.
If patrons, customers or employees are involved in the waste disposal
process (i.e., fast food stores or company cafeteria), the recycling
system must allow for this and include notice to customers as to their
responsibilities.
E.
The owner/operator/contractor is responsible for arranging for recyclables
to be removed from the premises and for assuring that they go into
the recyclables market. The owner/operator/contractor may make arrangements
to deliver the recyclables to the municipal collection system (drop-off
center or curbside collection) if permitted by the municipality. Otherwise,
the owner/operator/contractor is responsible for arranging to have
recyclables picked up and for resolving any problems with the transporter
of recyclables.
F.
The owner/operator/contractor must arrange to obtain documentation
in order to report the tonnages of materials recycled at least once
per year (or as specified by the municipality) or else he/she must
arrange to have the collector provide that documentation directly
to the municipality.
G.
Single/dual-stream recycling: commercial and institutional establishments
may opt to collect their recyclables in a single stream or dual stream
(fiber, commingled) provided the material recovery facility (MRF)
that receives the material has certified that they have the ability
to separate out and maximize the capture rate of the mandated recyclables.
The UCUA Division of Solid Waste Management will compile and maintain
an updated list of those facilities.
H.
Recycling containers: Commercial and institutional establishments
that have outdoor garbage containers for their customers must also
have outdoor recycling containers. There must be sufficient recycling
containers for any mandated recyclables in the commercial/institutional
waste stream.
I.
All schools must provide written notice at the beginning of each
school year to all students, teachers, and other staff on the recycling
requirements. The notice must contain a contact number to call if
they observe any problems associated with recycling or if recycling
is not properly occurring.
J.
Single-stream recycling of mixed classes of construction recyclables:
Construction/demolition sites may opt to collect all recyclables in
one container provided there are no other materials (including garbage)
in that container. To qualify for this provision, recyclables must
go to a transfer station/MRF that is properly permitted by the New
Jersey Department of Environmental Protection and has certified that
they have the ability to separate out and maximize the capture rate
of the mandated materials. The specific materials that may be commingled
together will be determined by the provisions in the receiving transfer
station/MRF's permit.
K.
All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle grease and/or cooking oil created in the processing
of food or food products, and maintain such records as may be prescribed,
for inspection by any code enforcement officer.
A.
The organizer/owner/contractor of the location must provide a recycling
system that is operated in compliance with the requirements of this
article.
B.
The recycling system must provide for any mandated recyclables generated
at the event. It must be clear to an inspector that the system is
being serviced: i.e., containers must be clearly marked and the area
neatly maintained; there must not be garbage in the recyclables or
recyclables in the garbage; container capacity must be adequate to
hold materials between pick-ups. There must be sufficient recycling
containers for any mandated recyclables generated at the event.
C.
The organizer/owner/contractor of the location is responsible for
arranging for recyclables to be removed from the premises and for
ensuring that they are taken to an approved recyclables market. The
owner/operator/contractor may make arrangements to deliver the recyclables
to the municipal collection system (drop-off center or curbside collection)
if permitted by the municipality. Otherwise, the owner/operator/contractor
is responsible for arranging to have recyclables collected and transported
and for resolving any problems with the transporter of the recyclables.
D.
The recycling system must be made accessible and available to all
patrons, customers, and employees. Notice/signs must be provided to
ensure all are aware of their responsibilities.
E.
The owner/operator/contractor of the location is responsible for
obtaining pertinent documentation in order to report the tonnages
of materials recycled at least once per year (or as specified by the
municipality) or else he/she must arrange to have the collector provide
that documentation directly to the municipality.
F.
Single/dual-stream recycling: The recycling system may utilize separate
containers for each recyclable material or it may provide for two
or more materials to be placed in one container. Establishments may
opt to collect their recyclables in a single stream or dual stream
(fiber, commingled) provided the MRF that receives the material has
certified that they have the ability to separate out and maximize
the capture rate of the mandated recyclables.
From the time of placement at the curb or any
collection location established by the Borough of Garwood, the above-named
materials shall become and be the property of the Borough of Garwood
or its duly authorized agent. Each such collection in violation hereof
from a residential premise or municipal collection location shall
constitute a separate and distinct offense.
A.
All government, commercial, institution and industrial
facilities shall provide the municipality with documentation for all
mandated materials plus any materials recycled which have not been
mandated. Such documentation shall include the following information:
B.
Nonresidential waste generators shall report in accordance
with the following schedule:
|
Reporting Period
|
Date
| |
|
January 1, 1992 to June 30, 1992
|
July 31, 1992
| |
|
July 1, 1992 to December 31, 1992
|
January 31, 1993
|
|
All periods after December 31, 1992:
| ||
|
January 1 to March 31
|
April 30
| ||
|
April 1 to June 30
|
July 31
| ||
|
July 1 to September 30
|
October 31
| ||
|
October 1 to December 31
|
January 31
|
C.
Solid waste hauling companies, recyclable collection
companies and demolition companies operating within the Borough of
Garwood and commercial recycling facilities, including metal and automobile
scrap yards located within the Borough of Garwood shall submit documentation
of recycling activity performed on behalf of residents, businesses,
institutions and governments in the Borough of Garwood in accordance
with the above schedule.
[Amended 5-25-2010 by Ord. No. 10-07]
A.
COVERED PROJECT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A construction, renovation, or demolition project for which
a building permit or a demolition permit is required, and for which
a dumpster or roll off -container shall be placed on premises for
the purpose of placement of solid waste materials.
B.
Construction, renovation and demolition debris recovery plan. A debris
recovery plan shall be filed with the municipal recycling coordinator
prior to the commencement of any activity for which municipal approval
as further identified above. The debris recovery plan shall identify
the types and estimated quantities of construction and demolition
debris to be generated from the project, how each material will be
managed, and the name of each facility or service provider that the
entity will use to manage each material. The plan shall further detail
how the applicant shall ensure that a minimum of 50% of the materials
to be generated will be separated and recycled.
C.
Review of debris recovery plan.
(1)
Approval: A debris recovery plan shall be reviewed by the municipal
recycling coordinator, and approved if it provides for all of the
information required by this article. An approved debris recovery
plan shall be marked "Approved" and returned to the owner of the entity
which submitted the plan.
(2)
Denial: A debris recovery plan shall not be approved if it does not
provide all of the information required by this article. If a debris
recovery plan is not approved, the owner of the entity which submitted
the plan shall be notified in writing that the plan has been rejected,
including the reasons for the rejection. In order to obtain the building
or demolition permit sought, the owner of the entity which will carry
out the construction, renovation, or demolition project shall make
the required changes and resubmit the debris recovery plan to the
municipal recycling coordinator.
D.
Diversion requirement adjustment.
(1)
Application: If the owner of an entity carrying out a covered project
experiences circumstances that makes it infeasible to comply with
the diversion requirement cited in this article, the owner of the
entity may apply for an adjustment. The owner shall indicate in writing
why it is infeasible to divert 50% of the materials being generated
from the covered project and specify what percentage of diversion
could be achieved. Increased costs to the owner of the entity carrying
out the covered project will not be an acceptable justification for
an adjustment.
(2)
Review: The municipal recycling coordinator shall review the information
supplied by the owner. If warranted, the municipal recycling coordinator
shall attempt to contact the owner to discuss possible ways of meeting
the diversion requirement.
(3)
Granting of an adjustment: If the municipal recycling coordinator
determines that it is infeasible for the entity carrying out a covered
project to divert 50% of the generated C and D debris from the covered
project, the percent of diversion required shall be adjusted. The
owner shall be notified in writing of the adjusted diversion requirement.
The owner of the entity carrying out the covered project shall be
required to divert the percent of C and D debris required by the adjustment.
(4)
Denial of adjustment: If the municipal recycling coordinator determines
that it is feasible for the owner of an entity carrying out a covered
project to meet the diversion requirement cited in this article, the
owner shall be notified in writing of the denial of the diversion
requirement adjustment.
E.
Debris recovery plan reporting requirements. Documentation: Upon
completion of the covered project, but before the final inspection,
the owner of the entity carrying out a covered project shall submit,
in person or by certified mail to the municipal recycling coordinator,
the documentation required to demonstrate that the applicant has met
the diversion requirement. The required documentation shall include
the following:
(1)
A completed debris recovery report, signed by the owner of the entity
carrying out a covered project, indicating the quantity of each material
generated during the covered project diverted or disposed;
(2)
Receipts from all facilities or service providers utilized to divert
and dispose materials generated during the covered project; and
(3)
Any additional information that the owner of the entity carrying
out the covered project believes is relevant to determining compliance
with the diversion requirement.
F.
Compliance with diversion requirement. The municipal recycling coordinator
shall review the information submitted pursuant to this article and
determine whether the owner of the entity carrying out the covered
project has complied or failed to comply with the diversion requirement.
The determination regarding compliance will be provided to the owner
of the entity carrying out the covered project in writing.
G.
Appeal. An owner of the entity carrying out the covered project may
appeal a determination of failure to comply under this article to
the municipality within 30 days of the decision or determination.
The appeal shall be in writing and shall state the facts and basis
for the appeal. A decision by the department where appeal is to be
filed shall be final.
H.
Enforcement. The Zoning Enforcement Official, the Police Department,
the Department of Health, the Recycling Coordinator, the Property
Maintenance Official, and the Housing Officer are hereby individually
and severally empowered to enforce the provisions of this section.
The respective enforcing official may, in his or her discretion, post
warning stickers for a first offense. An inspection may consist of
dumping and opening of solid waste bags of containers to detect, by
sound or sight, the presence of any recyclable material.
The Recycling Coordinator of the Borough of
Garwood is hereby authorized and directed to establish and promulgate
regulations as to the manner, days, and time of collection of the
above-named materials and the bundling, handling, location and time
of placement of all materials for collection. In addition, the Recycling
Coordinator shall establish and promulgate further regulations as
may be required by this chapter or the County Solid Waste Management
Plan.
[Amended 5-25-2010 by Ord. No. 10-07]
The Zoning Enforcement Official, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, the Union
County Office of Health Management and the Union County Utilities
Authority are hereby individually and severally empowered to enforce
the provisions of this article. An inspection may consist of, but
is not limited to, sorting through containers and opening of solid
waste bags to detect, by sound or sight, the presence of any recyclable
material.
[Added 5-25-2010 by Ord. No. 10-07]
A.
Notwithstanding the general penalty provisions of this chapter, any
person, corporation, occupant, or entity that violates or fails to
comply with any provision of this article or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be subjected to a fine not less than $250, nor more than $2,000, a
term of imprisonment not exceeding 90 days, or a period of community
service not exceeding 90 days. Each day for which a violation of this
article occurs shall be considered a separate offense.
B.
Fines levied and collected pursuant to the provisions of this article
shall be immediately deposited into the Municipal Recycling Trust
Fund (or equivalent). Monies in the Municipal Recycling Trust Fund
shall be used for the expenses of the municipal recycling program.
