Borough of Emerson, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Coordinator of Recycling Program — See Ch. 57, Art. V.
Brush, grass and weeds — See Ch. 118.
Property maintenance — See Ch. 216.
[Adopted 5-3-1988 by Ord. No. 930[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 222, Recycling Program, adopted 7-20-1982 by Ord. No. 799.
It is the purpose of this article to comply with the New Jersey Statewide Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102;[1] and the New Jersey Recycling Act of 1981, P.L. 1981, c. 278;[2] and the Clean Communities and Recycling Act, N.J.S.A. 13:1E-92 et seq.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
[2]
Editor's Note: See N.J.S.A. 13:1E-92 to 13:1E-98.
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM
Recyclable aluminum cans.
AUTOMOTIVE WASTE OIL
Used oil from autos, trucks, lawnmowers and motorcycles.
COMMINGLED RECYCLABLE MATERIALS
Those designated recyclable materials which may be disposed of together in a common reusable receptacle. These shall include aluminum cans, glass containers, plastic containers and bimetal cans.
[Amended 7-18-1989 by Ord. No. 957]
CORRUGATED CARDBOARD
Cardboard of the type to make cardboard boxes, cartons, pasteboard and similar corrugated and kraft paper material.
FERROUS METALS (white metals)
All products made of metal, exclusive of aluminum, including washers, dryers, refrigerators, stoves, hot-water heaters, tire rims, springs, bicycles, bimetal cans or scrap metal.
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."
LEAVES
As defined in Ordinance No. 929 of the Borough of Emerson.
[1]
MAGAZINES
Magazines or similar periodicals, as well as all other paper periodicals of any nature whatsoever.
PLASTIC CONTAINERS
A hermetically sealed or airtight container with a metal or plastic cap and composed of thermoplastic synthetic polymeric materials.
RECYCLING CENTER
The area designated by the Borough as such where designated recyclable materials may be disposed of in the appropriate receptacles provided.
REUSABLE RECEPTACLES
Those receptacles used to place commingled recyclable materials at curbside for disposal. These receptacles shall be a reusable type (aluminum, plastic or metal) with a capacity no larger than 40 gallons.
USED NEWSPAPERS
That 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.
[1]
Editor's Note: See Art. II of this chapter.
A. 
The position of Recycling Coordinator is hereby created and established within the Borough of Emerson.
B. 
The Recycling Coordinator shall be appointed by the governing body for a term of one year or longer, expiring December 31. He/she shall work in coordination with the Environmental Commission and shall report to the Chairperson periodically.
[Amended 12-28-2004 by Ord. No. 1276]
C. 
The Recycling Coordinator, subject to the approval of the governing body, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, storage, transportation, sale and/or marketing of said recyclable materials in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Borough of Emerson.
D. 
The Recycling Coordinator shall annually submit a recycling tonnage report to the New Jersey Office of Recycling and other such reports required by the Bergen County Utilities Authority.
A. 
Effective June 1, 1988, it shall be mandatory for all persons, lessees and occupants of residential property, including schools and houses of worship, to separate aluminum, glass, leaves, ferrous metals and used newspaper from all other solid waste produced by such residences for collection/deposit and the ultimate recycling of said material.
B. 
Designation of recyclable materials.
(1) 
Mandatory recyclables. The following are identified as mandatory recyclable materials:
[Amended 7-18-1989 by Ord. No. 957; 5-17-1994 by Ord. No. 1039; 12-20-1994 by Ord. No. 1048]
(a) 
Aluminum.
(b) 
Glass.
(c) 
Ferrous metals.
(d) 
Leaves.
(e) 
Used newspapers.
(f) 
Magazines/telephone books.
(g) 
Corrugated cardboard.
(h) 
High-grade office paper.
(i) 
Grass.
(j) 
Ferrous cans.
(k) 
White goods.
(l) 
Household generated batteries.
C. 
Separation, collection and disposal methods of designated recyclable materials.
[Amended 7-2-1996 by Ord. No. 1067]
(1) 
Used newspaper shall be separated and secured in bundles, not to exceed 12 inches in height. The used newspapers shall be bundled securely to ensure that they will not be capable of being windblown or distributed in the public streets and provided further that the maximum weight of any bundle does not exceed 30 pounds. Such bundles shall not be contained in plastic bags.
(2) 
Corrugated paper material, including but not limited to boxes, packing material, etc., shall not be disposed of with residential solid waste or household garbage. Said material will be collected separately as part of the Borough-wide recyclable pickup on a day to be designated by the Mayor and Council. All trash must be placed along with other paper or cardboard packing cartons, appliance cartons, miscellaneous boxes, brown paper bags and clean pizza boxes and similar containers at curbside at a time and on a day designated by the Mayor and Council. Said material shall be flattened, bundled and properly tied. In addition, residents may bring corrugated cardboard to the Borough garage at any time. Said corrugated cardboard must be flattened, bundled and properly tied.
[Amended 9-18-2007 by Ord. No. 1332]
(3) 
Aluminum and glass shall be separated from other household waste and trash and placed in a common reusable container for curbside collection.
(4) 
Ferrous metals, domestic or household bulky items, such as washing machines, refrigerators, stoves, dryers, hot water heaters and household appliances, and also tire rims, springs, bicycles and scrap metal, shall be placed at the normal curbside pickup point for collection.
(5) 
Leaves, as provided for in Ordinance No. 929 of the Borough of Emerson.[1]
[1]
Editor's Note: See Art. II of this chapter.
(6) 
This article hereby empowers the governing body of the Borough of Emerson, by resolution and upon notice to the residents of the Borough of Emerson, to require aluminum, glass, corrugated cardboard and plastic containers to be source separated rather than to be commingled for the purpose of collection. Source separated is hereby defined as aluminum, plastic containers, brown glass, individual, reusable receptacles, which shall be placed at curbside for collection on designated days in accordance with the rules and regulations that shall be promulgated. The governing body of the Borough of Emerson shall further have the right from time to time to designate the manner in which recyclable materials shall be separated and placed for collection.
D. 
Pickup and collection of recyclable materials. The Recycling Coordinator, in conjunction with the Environmental Commission and subject to the approval of the Mayor and Council, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, storing, transportation, sale and/or marketing of recyclable material in order to encourage the preservation of material resources while minimizing the costs of the recycling program to the Borough of Emerson. Said rules and regulations are subject to change, modification, repeal or amendment by the Mayor and Council.
E. 
Soiled newspaper. Any soiled newspaper may be placed as solid waste.
F. 
Procedure upon refusal to collect. Any solid waste placed for collection by a residential user not in accordance with this section will be refused by the collector, and it shall be the responsibility of the residential user to remove said solid waste from the curbline by 8:00 p.m. on the day of collection and have it properly containerized, packaged or secured for purposes of collection on the next scheduled date.
G. 
Washing aluminum, glass and plastic containers. All aluminum, glass and plastic containers must be washed, rinsed and have labels removed to be free of food residue before placing at curbside.
[Amended 5-17-1994 by Ord. No. 1039]
A. 
Registration and reporting requirements.
(1) 
Effective June 1, 1988, it shall be mandatory for all owners, lessees and occupants of businesses and/or commercial or institutional properties to separate the following:
(a) 
Corrugated cardboard.
(b) 
Glass and glass beverage containers.
(c) 
Aluminum.
(d) 
Leaves, grass and organic garden debris.
(e) 
Used newspapers, mixed paper and high-grade paper.
(f) 
Automobile waste oil.
(g) 
Ferrous metals, ferrous scrap and ferrous cans.
(h) 
White goods (white goods include but are not limited to products made of metal, including washers, dryers, refrigerators, stoves, hot-water heaters and similar appliances).
(i) 
Construction and demolition debris.
(j) 
Asphalt.
(k) 
Auto batteries and general auto scrap.
(l) 
Nonferrous metals, including copper, brass, etc.
(m) 
Plastic containers and other miscellaneous plastic.
(n) 
Vehicular tires.
(o) 
Tree stumps, branches, clippings and debris.
(p) 
Renderings.
(2) 
All of the above-mentioned and described materials produced by such businesses or commercial or institutional properties shall be separated, and such businesses or commercial or institutional properties shall provide for the collection, deposit and ultimate recycling of said material. It shall be mandatory for business and/or commercial or institutional properties to separate and recycle the aforementioned materials, all of which shall be disposed of by the owners, lessees and occupants of businesses and/or commercial or institutional properties by private scavenger, the cost of which shall be borne solely by the owner/lessee and occupant of the business and/or commercial or institutional property.
B. 
Construction and demolition materials. Construction and demolition materials and debris shall include source-separated, nonputrescible recyclable material generated from the construction, alteration, repair, maintenance and/or demolition of structures. This material shall include but not be limited to concrete, bricks, block, ferrous and nonferrous scrap, asphalt, asphalt shingles and recyclable wood scrap.
C. 
Bond for demolition. Prior to the issuance of a permit for the demolition of any structure pursuant to N.J.A.C. 5:23-2.17, or other applicable regulation, the person, firm or entity making such application shall post with the Construction Official security in the form of cash or certified check payable to the Borough of Emerson, irrevocable letter of credit or surety bond issued by a surety company authorized to do business in New Jersey. Such surety shall be in the amount of $10,000 for a one- or two-family home or any substantial part thereof and $25,000 for other buildings or any substantial part thereof. The purpose of the security or condition of the bond shall be to insure that the demolition shall have been performed in a good and workmanlike manner and to insure compliance with all other sections of this article, and other governmental regulations, codes and statutes.
D. 
Construction debris and demolition recycling form. Within five days after completion of any demolition of a building or structure, the owner or lessee shall cause to be filed with the Recycling Coordinator of the Borough a recycling report on a form provided by the Recycling Coordinator, which shall also be available from the Construction Official. In the event that any person, including an owner, contractor or builder, during the course of a demolition activity shall discover the existence of recyclable items, same shall be reported and duly documented in accordance with this section, and the Recycling Coordinator shall be notified.
E. 
Registration requirements. It shall be the responsibility of all owners, lessees and occupants of business and/or commercial or institutional properties to register annually with the municipal Recycling Coordinator on forms provided by the Borough. The annual registration must be filed with the Recycling Coordinator on or before January 10 of each year. New businesses and/or commercial or institutional properties must file within 45 days of the issuance of certificate of occupancy.
F. 
Reporting requirements (for businesses). It shall be the responsibility of owners, lessees and occupants of business and/or commercial or institutional properties to report annually to the Recycling Coordinator on or before March 1 for the preceding year the quantities of materials recycled on forms prescribed and provided by the Recycling Coordinator.
[Amended 12-28-2004 by Ord. No. 1276]
G. 
Private scavenger contracts. If the commercial user is either unable or unwilling to secure a market and collector for designated mandatory recyclable material, the Borough of Emerson, through its Recycling Coordinator, may secure such markets and enter into contracts on behalf of the commercial user for the collection and disposal of designated recyclable materials; provided, however, that the commercial user shall be responsible for any and all expenses associated with said contract.
H. 
Exemptions. Exemptions from the mandatory municipal recycling program may be requested by any owner, lessee or occupant of business and/or commercial or institutional properties to the Recycling Coordinator. A request for exemption must be made in writing on a prescribed form and submitted to the Recycling Coordinator. Said exemption shall be subject to the approval of the Mayor and Council.
Nothing in this article shall be deemed to prohibit any owner, lessee or occupant of a residential property from disposing of recyclable materials privately through a sale or gift, provided that in no event shall such recyclable materials be left at the curb for any private pickup, and further provided that in no event shall any such recyclable materials be disposed of as part of the solid waste pickup by the Borough of Emerson in accordance with the normal pickup by the Borough of Emerson.
From the time recyclable materials are placed at the curb by the owner, lessee or occupant for collection by the Borough of Emerson, such recyclable materials shall become the property of the Borough. It shall be a violation of this article for any person unauthorized by the Borough to collect or pick up or cause to be collected or picked up any such recyclable materials for any purpose whatsoever once placed at the curbside pickup point. Each violation of this section from one or more premises shall constitute a separate and distinct offense and violation, punishable as hereinafter provided.
The Recycling Coordinator and/or the Mayor and Council shall notify all persons owning, leasing or occupying property within the Borough of Emerson of the Borough's recycling opportunities and requirements as well as the requirements of this article. This notice shall be accomplished in a manner to be determined by the Recycling Coordinator, in conjunction with the Environmental Commission and the Mayor and Council of the Borough of Emerson. After the initial notification, the Recycling Coordinator, in conjunction with the Environmental Commission and the Mayor and Council, shall continue to notify all persons owning, leasing or occupying property within the Borough of Emerson of the Borough's recycling opportunities and requirements on a regular basis, together with any changes in this article and/or rules and regulations, said notifications to be made as deemed appropriate by the Mayor and Council of the Borough of Emerson.
[Amended 7-18-1989 by Ord. No. 957]
This article may be enforced by the Recycling Coordinator, the Municipal Departments of Health, Police, Municipal Services, Engineering and Construction Code Enforcement, the Zoning Officer and such other employees or departments of the Borough as designated by resolution by the Mayor and Council. The Recycling Coordinator, in conjunction with the Environmental Commission and subject to the approval of the Mayor and Council, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, storing, transportation, sale and/or marketing of recyclable materials in order to encourage the preservation of material resources while minimizing the costs of the recycling program to the Borough of Emerson. Said rules and regulations are subject to change, modification, repeal or amendment by the Mayor and Council. Any individual authorized to enforce this article may, prior to the issuance of a summons, provide any violating individual or entity a maximum of two warnings after which a summons shall be issued for any violations. The issuance of a summons or a warning shall be within the sole discretion of the enforcement official.
This article shall be referred to the Planning Board of the Borough of Emerson for a revision of the Master Plan in accordance with N.J.S.A. 13:1E-99.16c, specifically with regard to the collection, disposition or recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing or 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 Chapter 290, Zoning, Chapter 252, Subdivision of Land, and Chapter 236, Site Plan Review, in accordance with this section.
[Amended 10-24-1995 by Ord. No. 1059]
A. 
Commercial waste. It shall be a violation of this article for any person, firm or corporation to place at the curb in front of a residential premises commercial waste or any waste not generated on said premises and by the occupants of said premises, commercial waste being any waste generated in the process of the operation of a business or occupation. Upon conviction of said violation, the offender shall be fined in an amount not to exceed $250 for the first offense and $500 for the second offense and offenses thereafter.
B. 
Removal of recyclable materials. From the time recyclable materials are placed at the curb by the owner of the premises, lessee, or occupant for the collection by the Borough of Emerson or its agents or subcontractors, such recyclable material shall become the property of the Borough of Emerson. It shall be a violation of this article for any person unauthorized by the Borough to collect or pick up or cause to be collected or picked up any such recyclable material for any purpose whatsoever once placed at the curbside pickup point. Each violation of this restriction from one or more premises shall constitute a separate and distinct offense and violation punishable as provided herein.
C. 
Deposit of recyclables, waste or garbage. It shall be a violation of this article for any person, firm or corporation to place on property for pickup, or place in a receptacle for pickup, waste, garbage or recyclables which have not been generated on said property.
D. 
Fines, etc. Unless otherwise specified herein, any person, firm or corporation who shall violate or fail to comply with any provision of this article or of any regulation promulgated pursuant thereto shall, upon conviction thereof, be fined in an amount not to exceed $125 for the first offense, not to exceed $250 for the second offense and not to exceed $500 or up to 90 days in jail, or both, for any third or subsequent offenses. As an alternate penalty, any person convicted of a third or subsequent offense may be ordered to perform community service in the recycling program for a period not to exceed 90 days. Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
[Adopted 4-5-1988 by Ord. No. 929]
As used in this article, the following terms shall have the meanings indicated:
LEAVES
Those materials naturally formed from trees and bushes that are suitable for composting and/or mulching purposes.
PERSONS
All residential property owners and/or occupants within the Borough of Emerson and/or any person, partnership or corporation acting as a servant, agent and/or employee of a residential property owner and/or occupant of the Borough of Emerson.
SOLID WASTE
Includes all solid waste, garbage, leaves, refuse, trash, etc., usually disposed of under the municipal garbage contract and normally placed for rear yard pickup by residents in the Borough of Emerson for usual collection at regular intervals by the contractor.
[Amended 5-15-1990 by Ord. No. 971]
A. 
Upon the adoption of this article, it shall be mandatory for all persons, except those physically disabled, who accumulate leaves to separate the same from municipal solid waste and to place said leaves at curbside for collection in accordance with this article only at those times when leaves are scheduled to be picked up in accordance with regulations to be promulgated under the terms of this article. Under no circumstances and at no time shall leaves be included with other municipal solid waste. The Mayor and Council shall, on an annual basis, promulgate rules and regulations specifically designating the time and day during which leaves shall be picked up separately from other municipal solid waste. Said pickup shall generally occur between September 1 and December 31.
B. 
The obligation to separate leaves from municipal solid waste, as well as any obligation contained in this article, shall also apply to commercial, industrial and/or institutional property owners and/or occupants within the Borough of Emerson and/or any person, partnership or corporation acting as a servant, agent and/or employee of a commercial, industrial and/or institutional property owner and/or occupant. However, any commercial, industrial and/or institutional property owner and/or occupant shall be responsible for removing its leaves from the Borough of Emerson at its own cost and expense. Any commercial, industrial and/or institutional property owner and/or occupant shall not be permitted to place its leaves at curbside, whether in authorized receptacles or not, and said leaves shall not be collected by the Borough. Any violation of this article by a commercial, industrial and/or institutional property owner and/or occupant and/or person, partnership or corporation acting as a servant, agent and/or employee of a commercial, industrial and/or institutional property owner and/or occupant shall result in a violation and penalties as described in § 222-17 of this article.
C. 
The exterior of all properties and premises shall be kept free from the unsightly accumulation of leaves, branches and yard waste. Any of the foregoing shall be promptly removed and abated. It shall be the duty of the owner, occupant or operator to keep the exterior premises and property free from the unsightly accumulation starting September 1 of each calendar year. All unsightly accumulations must be removed weekly and placed for proper curbside collection. The last scheduled collection will be the last Wednesday in December. Each day the violation continues shall be deemed to be a separate and distinct offense.
[Added 9-1-2009 by Ord. No. 1385]
All persons shall accomplish those obligations contained in the previous section in strict conformity with the following regulations:
A. 
All leaves must be separated from municipal solid waste generated within the Borough of Emerson and as a consequence are prohibited from inclusion in the regular collection of municipal solid waste, be it curbside or otherwise.
B. 
It shall be specifically prohibited for any person or his agent to cause leaves to be blown, raked or otherwise deposited in any roadway except immediately adjacent to the curbside or the property line where there is no curb and then only for the purpose of immediately putting the leaves into authorized receptacles.
C. 
All leaves must be put into authorized receptacles for collection. "Authorized receptacles" is defined as paper and/or plastic bags which are capable of being recycled or receptacles capable of being emptied and remaining at the residence. Any bag or receptacle which is not recyclable is specifically prohibited by this article.
D. 
Authorized receptacles shall be placed at curbside for collection only on the days and times indicated by the Mayor and Council, in writing, and these notices shall be made available to all persons as defined by this article.
Strict adherence to all requirements contained herein or regulations to be promulgated notwithstanding, any person may choose to compost and/or mulch his particular leaves on site for his personal horticultural benefit, provided that such activities are of no adverse consequence to health and safety codes currently governing or to be promulgated to govern such activity and that such alternate means of disposal is accomplished at no cost to the Borough of Emerson.
This article shall be enforced by the Borough Clerk of Emerson, by the Road Department Superintendent, by the Departments of Health, Police and Roads and by any such other employees or departments of the Borough of Emerson as designated in writing by the Mayor and Council.
[Amended 9-1-2009 by Ord. No. 1385]
Any person who violates any provision of this article as well as regulations issued pursuant thereto shall, upon conviction thereof, be fined in an amount not to exceed $500, with each violation constituting a distinct and separate offense. The penalties for failure to comply with this article will commence one month after the effective date of separation and collection set forth in § 222-13 herein. During this period every effort will be made to acquaint all affected persons of the need for and the requirements of this legislation; further, new residents to the Borough will be informed of the provisions of this article by appropriate departments of the Borough at the time of issuance of a certificate of occupancy on their particular dwelling.