[HISTORY: Adopted by the Mayor and Council of the Borough of New Providence 12-14-1987 as Ord. No. 87-16; amended in its entirety 3-8-1993 by Ord. No. 93-2. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 161.
Littering — See Ch. 171.
A. 
There is hereby established a program for the mandatory separation of the following recyclable materials from residential solid waste by the occupants of said premises within the Borough of New Providence and the separate disposal of the same:
(1) 
Uncontaminated newspapers.
(2) 
Uncontaminated, clean and broken glass containers.
(3) 
Clean aluminum cans.
(4) 
Uncontaminated corrugated cardboard.
(5) 
Clean ferrous (steel) cans.
(6) 
Uncontaminated, clean polyethylene terephthalate (PET) bottles and high-density polyethylene (HDPE) bottles.
(7) 
Uncontaminated mixed paper.
(8) 
Used motor oil.
(9) 
Uncontaminated roofing material.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CLEAN AND UNCONTAMINATED
The Recycling Coordinator shall determine what constitutes clean and uncontaminated pursuant to § 213-10 below.
MIXED PAPER
Magazines, direct mails, glossy catalogs, coupon inserts, envelopes, color news inserts, sweepstake forms, phone books (white pages only), undelivered postal mail, colored notebook paper, school construction paper, real estate listings, color letterhead paper, color office paper, computer paper, photocopy and fax paper and mimeograph paper.
ROOFING MATERIAL
Asphalt roof shingles, tarpaper, fiberglass insulation associated with a roof system and all other asphaltic materials generated in roof construction, roof removal or roof reconstruction.
A. 
There is hereby established a program for the mandatory separation of the following recyclable materials from nonresidential solid waste by the occupants of nonresidential premises, including but not limited to offices, commercial businesses, industries or institutions, within the Borough of New Providence and the separate disposal of the same:
(1) 
Uncontaminated, clean corrugated paper products.
(2) 
Uncontaminated office paper, including but not limited to computer printout and white ledger.
(3) 
Uncontaminated newspapers.
(4) 
Uncontaminated mixed paper.
(5) 
Clean glass containers, aluminum and steel cans (in food service establishments, including but not limited to restaurants and taverns).
(6) 
Uncontaminated, clean polyethylene terephthalate (PET) bottles and high-density polyethylene (HDPE) bottles.
(7) 
Vehicle batteries.
(8) 
Used motor oil.
(9) 
Uncontaminated food waste in all institutional, commercial and industrial facilities serving 500 or more meals per day and major food processors.
(10) 
Uncontaminated roofing material.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CLEAN AND UNCONTAMINATED
The Recycling Coordinator shall determine what constitutes clean and uncontaminated pursuant to § 213-10 below.
FOOD WASTE
The Recycling Coordinator shall determine what constitutes food waste pursuant to § 213-10 below.
MIXED PAPER
Magazines, direct mails, glossy catalogs, coupon inserts, envelopes, color news inserts, sweepstake forms, phone books (white paper only), undelivered postal mail, colored notebook paper, school construction paper, real estate listings, color letterhead paper, color office paper, computer paper, photocopy and fax paper, and mimeograph paper.
ROOFING MATERIAL
Asphalt roof shingles, tar paper, fiberglass insulation associated with a roof system and all other asphaltic materials generated in roof construction, roof removal or roof reconstruction.
There is hereby established a program for the separate collection and disposition of certain of the above-designated recyclable materials from the residences of the Borough of New Providence. Such collection shall be made under the supervision of the Recycling Coordinator of the Borough of New Providence.
It shall be the legal responsibility of the occupant of non-residential premises to arrange for the recycling of the above-designated recyclables or to deliver same to a collection location as may be established by the Borough of New Providence.
The Municipal Recycling Coordinator shall issue such regulations as may be necessary to implement the purpose and intent of this chapter, and said Coordinator shall provide for such rules and regulations as are necessary to enforce this provision.
Any occupant of residential or nonresidential premises in the Borough of New Providence may donate or sell the above-described recyclables to any person, partnership or corporation whether operating for profit or not for profit. Said person, partnership or corporation may not, however, under any circumstances collect any of the above materials at curbside from residences unless duly authorized by the Borough of New Providence.
From the time of placement at the curb or any collection location established by the Borough of New Providence, the above-named materials shall become and be the property of the Borough of New Providence 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, institutional 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 information on the following:
(1) 
Type of material recycled;
(2) 
Location where materials were marketed or disposed of;
(3) 
Weight of material; and
(4) 
Name of the transporter(s) used.
B. 
Nonresidential use 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 New Providence and commercial recycling facilities, including metal and automobile scrap yards located within the Borough of New Providence, shall submit documentation of recycling activity performed on behalf of residents, businesses, institutions and governments in the Borough of New Providence in accordance with the above schedule.
Construction, demolition and road opening permits shall include information on the types of materials which will be generated, which will require recycling or disposal. Documentation of recycling or disposal shall be submitted to the permitting agency prior to approval of final inspection. Documentation shall be submitted by the permitting office to the Municipal Recycling Coordinator in accordance with the above schedule.
The Recycling Coordinator of the Borough of New Providence 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.
A. 
Any person, firm or corporation who provides solid waste collection services in the Borough of New Providence is prohibited from collecting solid waste containing recyclable materials as designated in this chapter.
B. 
Any person, firm or corporation who violates or neglects to comply with any provisions of this chapter or regulation promulgated pursuant thereto shall, upon conviction thereof, be punishable by a fine not to exceed $500, except that the maximum fine for failure to comply with § 213-1, Residential separation program established, hereof shall not exceed $50.
All ordinances and resolutions or parts thereof inconsistent with this chapter are hereby repealed to the extent of said inconsistency.
If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision invalidated and the remainder of this chapter shall be valid and enforceable.
This chapter shall take effect 20 days after final passage and publication in the manner provided by law.