[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park by Ord. No. 1510 (§ 10-6 of the 1987 Code).
Amendments noted where applicable.]
The Mayor and Council of the Borough of Highland
Park find and determine that:
A.
Providing for garbage and trash collection services
within the Borough of Highland Park promotes the public health and
general welfare and reasonable rules and regulations as to containers,
curbside placement, collection schedules and other matters are necessary
to effectively carry out collection services and to protect the public
health and general welfare.
B.
Recycling of waste materials decreases waste flow
to landfill sites will significantly reduce the spiraling costs paid
by the Borough for landfill tipping fees and associated taxes and
will provide revenue to the Borough from reusable materials which
will conserve energy and increase the resources of the Borough.
C.
The existing regulations for the collection and disposal
of solid waste and refuse within the Borough require revision to update
the provisions and to expand the mandatory recycling program for specified
waste materials.
D.
The County of Middlesex and State of New Jersey have
enacted laws and/or regulations requiring recycling of certain materials
and the Borough must comply with these requirements.
This chapter shall also be known as the "Recycling
and Refuse Ordinance."
A.
The purpose of this chapter is to regulate and control
the collection, disposal and transportation of solid waste within
the Borough, whether collected by Borough employees or by private
carriers, and to require and mandate the separate collection of designated
recyclables from other solid waste collected in the Borough of Highland
Park as is mandated by the laws and/or regulations of the State of
New Jersey and by the County of Middlesex.
B.
All collection, disposal, recycling and transportation
of solid waste within the Borough shall be performed in accordance
with the terms, conditions and regulations of this chapter, as supplemented
by such additional regulations as may be promulgated by the Superintendent
of Public Works of the Borough, the County of Middlesex or the State
of New Jersey in such lawful form as those regulations may take.
As used in this chapter, the following terms
shall have the meanings indicated:
The agreement for the provision of recycling and marketing
services executed by and between the authority and the municipality.
Nonfoil, food and beverage containers made entirely of aluminum.
The Middlesex County Improvement Authority, a public body
corporate and politic of the State of New Jersey, organized by the
county pursuant to the County Improvement Authorities Law (N.J.S.A.
40:37A-44 et seq.)
The following designated recyclables generated within the
geographic boundaries of the municipality: newspaper, glass containers,
aluminum cans, corrugated cardboard from residential and commercial
sources, steel cans, plastic containers, mixed paper and textiles.
The Board of Chosen Freeholders of the County of Middlesex,
New Jersey.
Branches, woody plants and other like vegetative material
that do not exceed five inches in diameter; and Christmas trees.
Plastic containers to be used by the residents to place plastic
containers, glass containers, aluminum cans and steel cans at the
curb for collection by the contractor, or such other container designated
by the authority for such use.
The date upon which the authority and municipality agree
that the authority through its contractor, will commence the provision
of recycling services.
The contractor selected by the authority to provide the recycling
services pursuant to the recycling contract.
Boxes and packaging generally made from wood pulp and consisting
of two smooth sides with a corrugated inner layer. Brown paper grocery
bags are included in this category.
The County of Middlesex, New Jersey.
The Middlesex County district solid waste management plan,
adopted by the Board pursuant to the Solid Waste Management Act,[1] which provides for the collection, disposal and/or recycling
of solid waste generated within the geographic boundaries of the county,
as the same may be amended from time to time.
The collection and marketing program for authority collected
recyclables established by the county and the authority for all participating
municipalities in the county and funded, in part, with RRIT funds
allocated for this purpose.
The New Jersey Department of Environmental Protection or
any successor agency.
All recyclable materials that are designated by the county
in the county plan as materials that must be source separated from
municipal solid waste at the point of generation. The recyclables
designated by the county in the county plan are newspaper, aluminum
cans, glass containers, corrugated cardboard from residential and
commercial sources, steel cans, plastic containers, mixed paper, textiles,
leaves, motor oil, and brush. The county may add or delete certain
recyclable materials to designated recyclables from time to time pursuant
to a duly adopted amendment to the county plan approved by the DEP.
The site owned and/or operated by the municipality and located
where designated recyclables are delivered by the municipality and
residents of the municipality for collection and/or preparation for
market.
Televisions, CPUs, monitors, laptops, and mercury-containing
devices.
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
Lamps that contain mercury.
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
Bottles and jars in which food and beverages are packaged.
The same may be transparent (clear) or translucent and/or tinted brown
or green.
Fallen leaves excluding brush and grass clippings.
N.J.S.A. 40A:11-1 et seq.
Asphalt, block, brick, cinder, and concrete.
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
Glossy inserts, magazines, telephone books, junk mail, colored
paper, computer paper, office paper, paperboard (chipboard and pressboard),
nonmetallic wrapping paper, soft cover books, hard cover books with
covers removed and fine paper.
[Added 4-1-2008 by Ord. No. 2008-1736; 5-20-2008 by Ord. No. 2008-1739]
A covered container in which residents will place mixed paper
at the curb for collection by the contractor, or such other container
designated by the authority for such purpose.
The Borough of Highland Park, a Municipal Corporation of
the State of New Jersey.
I.D. Type 10 Waste as defined by N.J.S.A. 13:1E-3.[2]
Clean dry newsprint; generally a daily or weekly edition
along with any colored inserts such as comics or advertisements.
Soda and other bottles made from PETE (SPI code 1) and milk,
water, laundry product and other bottles from HDPE (SPI code 2).
Stretch/shrink wrap, plastic shopping bags, only for warehouses,
retail establishments and supermarkets with 25 or more employees.
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MH), Lithium
Ion (Li-ion) and small Sealed Lead (Pb).
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
The contract executed by and between the contractor and the
authority, pursuant to which the contractor shall provide recycling
services for the county-wide recycling program.
This chapter enacted by the municipality establishing the
mandatory recycling program implemented in accordance with the Solid
Waste Management Act and the county plan, as the same will be amended
by the municipality, to include the additional designated recyclables
as set forth in this chapter, and as the same may be amended in the
future from time to time for other purposes.
All of the duties, obligations, and services to be provided
by the contractor that are related to the collection, transportation,
separation, processing, storage, sale or disposition, or any combination
thereof, of the authority-collected recyclables and the return of
same to the economic mainstream in the form of raw materials or products.
Private, commercial and institutional residents of the municipality
that are required to recycle designated recyclables pursuant to this
Recycling Ordinance.
Monies collected from the imposition of the Resource Recovery
Investment Tax (or any other successor tax or fund created for the
same purpose) and allocated to the county in accordance with the provisions
of the McEnroe amendments to the Solid Waste Management Act, N.J.S.A.
13:1E-135 et seq., and made available to the authority for this purpose.
Food and beverage containers made of steel and either tin-plated
or lacquer-coated and including bimetal cans (ferrous cans with an
aluminum top).
A special bag to be provided by the authority for the collection
of textiles, or such other container to be designated by the authority
for such purpose.
Clean dry clothing or other fabric measuring at least one
foot by one foot in size.
Non-chemically treated (not pressure-treated, impregnated
with preservatives, insecticides, fungicides, creosote, or other chemicals,
and not painted, resin-coated or otherwise surface treated, and not
laminated or bonded; and not similarly altered from its natural condition);
only for new construction sites.
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
Discarded petroleum-based or synthetic lubricating oil from
automobile and other engines.
Washers, dryers, ranges, refrigerators, air conditioners.
All devices that contain CFCs must be properly evacuated by licensed
individuals and all CFCs recovered must be sent to an EPA-approved
reclaimer.
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
Unfinished lumber from new construction projects including
pallets.
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
The Recycling Program shall be overseen by the
Superintendent of the Department of Public Works. The Superintendent
is hereby authorized to establish and promulgate regulations as to
the manner, days and time of such collections and the bundling, handling,
location and time of placement of all materials for collection by
the municipality or any of its agents, servants, employees, or duly
authorized recycling contractors. These regulations shall be subject
to the advice and consent of the Mayor and Council. The times, dates
and manner of collection of recyclables shall be published periodically
in a newspaper circulated in the municipality or by posting notices
in public places in the municipality. The Superintendent of Public
Works may, upon advice and consent of the Mayor and Council, designate
such subcode officials as deemed necessary and proper for the enforcement
of these provisions.
The Recycling Coordinator shall be primarily
responsible for the enforcement of the laws and regulations with respect
to recycling within the municipality. The Recycling Coordinator shall
be primarily responsible for promoting the municipality's recycling
laws and regulations. The Recycling Coordinator shall be responsible
for establishing and implementing public education and public awareness
programs which shall be consistent with state-mandated recycling laws
and regulations and shall also be consistent with laws and regulations
of the County of Middlesex concerning recycling.
All owners, lessors, tenants, occupants and
users of any real property, living accommodations, commercial enterprises
or other facilities located within the municipality, including but
not limited to all residential dwelling owners, lessors, lessees and
occupants of residential dwellings, commercial establishments, industrial
sites, manufacturing sites, office buildings, retail stores, restaurants,
diners, taverns, catering facilities, beverages and food service establishments,
guest houses, inns, hotels, motels, motor lodges, residence inns,
cinemas, theaters, financial institutions, warehouses, junkyards,
salvage recovery sites, firms, businesses, companies, nonprofit associations,
organizations or institutions, educational institutions, and governmental
institutions shall be required to separate designated recyclable items
from all other solid waste produced.
The Director of the Department of Public Works
and/or the Recycling Coordinator shall issue regulations from time
to time upon the advice and consent of the Mayor and Council and,
if applicable, upon the review and approval of any authorized recycling
contractor, which regulations shall specify the time, location and
procedure for disposal of recyclable items. Upon acceptance of the
recycling regulations, the Recycling Coordinator shall notify the
residents, businesses, associations, and organizations of the municipality
of these procedures and regulations as part of the public education
and public awareness program consistent with the laws and regulations
of the Borough of Highland Park, the County of Middlesex and the State
of New Jersey.
It shall be unlawful for any individual, firm,
entity, association, organization, business, corporation or company
within the municipality to place or cause to be placed in any trash,
rubbish and/or garbage receptacle for disposal at a landfill, resource
recovery site or other garbage disposal site, any designated recyclables
as defined in this chapter or in contravention of any requirements
as may be mandated by the laws or regulations of the municipality,
County of Middlesex or State of New Jersey.
[Amended 4-1-2008 by Ord. No. 2008-1736; 5-20-2008 by Ord. No. 2008-1739]
All individuals, firms, entities, associations,
organizations, businesses, corporations or companies shall separate
designated recyclables from their trash, rubbish, and/or garbage and
place the designated recyclables in an appropriate receptacle and/or
at the appropriate dropoff site as designated by the Superintendent
of Public Works, and/or the Recycling Coordinator for separate disposal;
by the municipality, or if applicable, the municipality's designated
recycling contractor.
[Added 4-1-2008 by Ord. No. 2008-1736; 5-20-2008 by Ord. No. 2008-1739]
A.
The owner, lessee and/or occupant of any commercial
or noncommercial structure, or any other resident within the municipality
shall place, for removal or collection, the following designated recyclables
and shall conform with the following requirements:
(1)
Newspaper shall be bundled separately and secured
with string, rope or twine in bundles not exceeding 12 inches in height
and shall not be contained in plastic bags.
(2)
Clean corrugated cardboard shall be bundled separately
and secured with string, rope or twine in bundles not exceeding 18
inches in height and shall not be contained in plastic bags.
(3)
Glass containers, aluminum cans, steel cans and plastic
containers shall be contained in co-mingled containers, or such other
container designated by the authority for such use.
(4)
Glass containers, aluminum cans and plastic containers
shall be thoroughly rinsed before disposal.
(5)
Mixed paper shall be placed into the containers provided
by the Authority for such purpose.
(6)
Textiles shall be placed in the textile bag provided
by the Authority for such purpose.
A.
All multifamily dwellings, including but not limited
to apartment complexes, condominiums, garden apartments, townhouses,
guest houses, hotels, motels, inns, residence inns and motor lodges,
and all business sites, industrial sites, manufacturing sites, office
buildings, retail stores, restaurants, taverns, cinemas, theaters,
financial institutions, junkyards and/or salvage recovery sites shall
be required to separate designated recyclables or provide for the
separation of designated recyclables in separate receptacles for the
collection of designated recyclable consistent with the laws and regulations
of the municipality, County of Middlesex and State of New Jersey.
There shall be separate receptacles for each item or group of items
as mandated by the municipality, unless written permission authorizing
an exemption of the requirement for said receptacle is received from
the Superintendent of Public Works and/or the Recycling Coordinator.
B.
Except as otherwise provided herein, it shall be considered
presumptive evidence that a violation of this chapter has occurred
if no receptacle is provided for a designated recyclable or group
of designated recyclables. Upon evidence to show that no receptacle
has been provided for an item or grouping of items, the burden of
proof shall shift to the alleged violator to establish proof of compliance
with the mandatory recycling requirements of this chapter.
C.
Any residential, nonprofit association or organization,
business, commercial and/or industrial establishment which contracts
for recycling with an approved hauler other than the municipality
or the municipality's designated recycling contractor shall be required
to provide reports to the Recycling Coordinator at least every three
months on the tonnage of materials recycled. Said reports shall include
proof of the tonnages in the form of weight slips, bills of lading,
or other such business records as deemed necessary by the Recycling
Coordinator. In addition, the Recycling Coordinator shall require
owners or operators of corporations or companies to issue notifications
and collection rules to the residents, employees, or clientele of
said corporation or company as deemed necessary. Said notifications
shall be issued not less than every three months.
D.
Pursuant to N.J.S.A. 13:1E-99.13a and N.J.S.A.13:1E-
99.16c, new developments of multifamily residential units or of commercial,
institutional, or industrial properties must comply with the following:
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
(1)
Any development application pursuant to N.J.S.A. 40:55D-1
et seq. for subdivision or site plan approval for the construction
of multifamily dwellings of three or more units, single-family developments
of 50 or more units or any commercial, institutional, or industrial
development for the utilization of 1,000 square feet or more of land,
must include a recycling plan. This plan must contain, at a minimum,
the following:
(a)
A detailed analysis of the expected composition
and amounts of solid waste and recyclables generated at the proposed
development; and
(b)
Locations documented on the application's site
plan that provide for convenient recycling opportunities for all owners,
tenants, and occupants. The recycling area shall be of sufficient
size, convenient location and contain other attributes (signage, lighting,
fencing, etc.) as may be reasonably determined by the Recycling Coordinator.
(2)
Prior to the issuance of a certificate of occupancy
by the municipality, the owner of any new multifamily housing or of
any commercial, institutional, or industrial development must supply
a copy of a duly executed contract with a hauling company for the
purposes of collection and recycling of source-separated recyclable
materials, in those instances where the County does not otherwise
provide this service.
(3)
Provision shall be made for the indoor, or enclosed
outdoor, storage and pickup of solid waste, to be approved by the
Municipal Engineer.
Any nonprofit association or organization wishing
to collect any designated recyclable may request permission from the
Recycling Coordinator. A nonprofit association or organization wishing
to collect any recyclable item may request permission from the Recycling
Coordinator. A nonprofit association or organization wishing permission
to collect a recyclable item must identify the organization on whose
behalf the request is being made, the proposed manner of collection
(i.e., curbside, receptacle at a specific location, etc.), and must
designate an individual who may be contacted by the Recycling Coordinator
in the event further information is required. The Recycling Coordinator
may approve or deny the nonprofit association or organization's request,
based upon the consistency or inconsistency with the laws and regulations
of the municipality, County of Middlesex and State of New Jersey.
Approval or denial of a request may be conditioned upon any agreement
with a recycling contractor, if applicable. It shall be a precondition
of approval for any nonprofit association or organization, that said
association or organization shall agree to provide the Recycling Coordinator
or designated subcode official with data concerning the amount, quantity
and/or weight of the materials collected at least every three months.
Any nonprofit association or organization failing to cooperate with
the Recycling Coordinator may be subject to denial or revocation of
permission to collect recyclable items in the municipality.
From time of placement of a recyclable item
in a designated drop-off receptacle or at the curb by any resident
for collection by the municipality or the municipality's designated
recycling contractor, such materials shall become the property of
the municipality and it shall be a violation of this chapter for any
person, firm, organization, association, business or corporation,
other than the municipality, or any of its agents, servants, employees,
or duly authorized recycling contractors to tamper with or take or
remove or convert to its own use in any way, such material. Each such
tampering, removal and/or conversion in violation hereof from one
or more receptacles and/or residences during the period shall constitute
a separate and distinct offense.
A.
All garbage, trash and other refuse not specifically excepted in this chapter or otherwise prohibited by state or federal regulation from the waste stream shall be placed for collection in solid waste containers as provided in § 350-17.
B.
Yard debris, brush and branches, but not including
grass clippings, may be deposited in solid waste containers or securely
tied in bundles not exceeding four feet in length and 18 inches in
diameter. Each such bundle shall count as a solid waste container.
C.
Bulk items, which because of their size or nature,
cannot be deposited in a solid waste container shall be placed for
collection in accordance with a special schedule established by the
Superintendent of Public Works, except that no single item weighing
more than 200 pounds shall be collected.
The following materials may not be placed for
collection by the municipality or the County of Middlesex:
A.
Auto parts;
B.
Motor oil, used or unused;
C.
Building and site materials;
D.
Grass clippings;
E.
Hazardous waste as defined by regulation of the New
Jersey Department of Environmental Protection;
F.
Hypodermic needles, unless packaged to comply with
federal regulations;
G.
Prescription drugs, including controlled dangerous
substances as set forth in N.J.S.A. 24:21-5 through 24:21-8.1;
H.
Human and animal tissue.
I.
Leaves.
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
[Amended by Ord. No. 1515]
A.
Regulations governing pickup of garbage, trash and
recyclable materials and schedule of collection services shall be
initiated by the Superintendent of Public Works and the Authority,
and adopted by resolution of the governing body. Upon adoption, public
notice of the regulation shall be given as provided herein.
C.
Fees established. The Schedule of Fees for any service
or commodity provided by or available from the Department of Public
Works shall be established by resolution of the Borough Council annually
at its organization meeting. All fees collected pursuant to this subsection
shall be delivered to the Finance Director within 48 hours of receipt
and shall be used for the general purposes of the Borough.
[Amended by Ord. No. 1664]
A.
In commercial districts where alternate parking and
no-parking spaces are designated with every third space designated
as no parking, containers shall be placed along the curb at no-parking
intervals even if not within the boundaries of the property generating
the waste.
B.
Solid waste containers, outside the Business Improvement
District, should meet the following criteria:
(1)
Each container shall have a capacity of not more than
32 gallons. Heavy-duty plastic disposal bags not less than three mils
thick are acceptable solid waste containers, provided that they are
securely tied and bound.
(2)
No solid waste containers shall weigh more than 50
pounds when placed at the curb for collection.
(3)
Solid waste containers shall be of galvanized metal
or of plastic composition and shall be able to hold the garbage or
trash without breaking or collapsing. They shall have tight-fitting
lids or covers and two sturdy handles, shall not have ragged or sharp
edges, and shall be maintained in a clean, safe and good condition.
All residential solid waste except those materials herein identified
as mandatorily recyclable, or otherwise specifically excepted shall
be placed in approved solid waste containers.
C.
Solid waste collection from any one pickup site shall
not exceed the following limits, excluding containers of recyclables:
(1)
Single-family residence: five standard containers
or bundles per collection day.
(2)
Multifamily residence: five-standard containers per
collection day per dwelling unit.
(3)
Commercial enterprise: ten-standard containers or
bundles per collection day.
(4)
Containers must be maintained in a manner that is
not dangerous to the health or safety of the public, and any containers
that are badly broken, damaged or deteriorated or otherwise fail to
meet the requirements of this chapter shall be classified as refuse
by the Department of Public Works and disposed of accordingly.
D.
Drums, barrels, containers made of wood, cardboard
or composition paper, baskets and paper bags are not acceptable solid
waste containers and will not be collected.
E.
All solid waste and trash must be free of protruding
nails, wire or other sharp material.
F.
The remains of any dead animal shall be placed for
collection only in a tightly closed and secured solid waste container
not containing any other solid waste or trash.
G.
No hazardous or prohibited material shall be placed
at the curb for collection by the Borough by any resident or entity
without first obtaining permission from the Superintendent of Public
Works. Upon application for such permission, the Superintendent shall
render a decision whether the material is acceptable for disposal
in a landfill or must be disposed of by private removal.
H.
No garbage, refuse or solid waste shall be stored
or transferred within the limits of the Borough unless prior permission
has been granted by the Department of Public Works and the Mayor and
Council and provided further that all necessary approvals and permits
have been received from the County of Middlesex and the State of New
Jersey.
It shall be a violation of this chapter to commit
any of the following acts. Commission of each specified act shall
be considered a separate violation of this chapter.
A.
To bring materials into the Borough of Highland Park
for the primary purpose of introducing them into the trash and/or
garbage pickup of the Borough of Highland Park or of any contracted
waste hauler serving any building in Highland Park.
B.
To introduce into the waste stream or place for collection
prohibited materials.
C.
To hide or disguise mandatory recyclable materials
in or among general refuse for purpose of avoiding mandatory separation.
D.
To place freezer or refrigerator at curbside or other
collection point without first entirely removing the door(s) from
the unit.
E.
To place any material at curbside or other collection
point prior to one hour before sundown of the day prior to scheduled
pickup of the particular material. An exception will be made if the
day prior to pickup is the day upon which a religious holiday is scheduled
to start at sundown; then material may be placed for pickup anytime
after noon. If a scheduled pickup is not made by reason of a Borough
holiday or any type of an emergency, no violation will exist if the
materials are removed before midnight of the day so designated as
a holiday or emergency.
F.
To place materials at curbside or other pickup point
not the residence or place of business of the individual doing so,
except as provided herein.
G.
To place solid waste from a residence or business
into the waste receptacles provided by the Borough on its thoroughfares,
or to place more than one pound of solid waste in one of these receptacles.
H.
To steal or remove said solid waste or recyclable
materials once placed for collection by the municipality or the County
of Middlesex.
I.
For any person to place material for collection in
a container, unless placed as required by this chapter.
J.
For any person to store garbage, trash or recyclable
materials (except leaves during the months of October, November and
December) in any yard (front or side) adjacent to a street.
[Added 4-1-2008 by Ord. No. 2008-1736; amended 5-20-2008 by Ord. No. 2008-1739]
At the time of issuance of any building permit,
the Building Code Official will provide written instruction on proper
disposal and recycling of construction and demolition waste and furnish
a notification of construction/demolition activity form that must
be filled out by the permittee and faxed to the Middlesex County Division
of Solid Waste Management within 48 hours of the issuance of the permit.
[Amended by Ord. No. 1664]
A.
The Recycling Coordinator of the municipality is hereby
appointed the Enforcement Officer of this chapter. The Recycling Coordinator
shall have the authority to issue notice of warnings and notice of
violations and order to pay penalties, pursuant to this chapter.
B.
Any person, firm, entity, organization, association,
business, corporation or company found guilty of violating any of
the provisions of this chapter shall be fined as follows:
(1)
First offense: written warning.
(2)
Second offense: Within one year of the written warning:
$50 fine. Each day such violation is committed or permitted to continue
a separate offense shall be punishable as such.
(3)
Third and subsequent offenses: Within one year of
written warning: $100 and may be ordered to serve a period of community
service of eight hours. Each day such violation is committed or permitted
to continue a separate offense shall be punishable as such.
