[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson as indicated in article histories. Amendments
noted where applicable.]
[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Editor's Note: This ordinance superseded former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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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, N.J.S.A. 13:1E-99.11 et seq., and the Clean
Communities Program Act, P.L. 2002, c. 128, N.J.S.A. 13:1E-213 et
seq.
As used in this article, the following terms
shall have the meanings indicated:
Recyclable aluminum cans.
Used oil from autos, trucks, lawnmowers and motorcycles.
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]
Cardboard of the type to make cardboard boxes, cartons, pasteboard
and similar corrugated and kraft paper material.
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.
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."
As defined in Ordinance No. 929 of the Borough of Emerson.
[1]Magazines or similar periodicals, as well as all other paper
periodicals of any nature whatsoever.
A hermetically sealed or airtight container with a metal
or plastic cap and composed of thermoplastic synthetic polymeric materials.
The area designated by the Borough as such where designated
recyclable materials may be disposed of in the appropriate receptacles
provided.
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.
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.
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]
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 but may be placed in an authorized
receptacle. "Authorized receptacle" is defined as paper bags or receptacles
capable of being emptied and remaining at the residence.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 or placed in an authorized receptacle. "Authorized receptacle"
is defined as paper bags or receptacles capable of being emptied and
remaining at the residence. 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; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(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.
(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, plastic containers
and metal containers to be source separated from cardboard and paper.
"Source separated" is hereby defined as aluminum, glass, plastic containers,
and metal containers which shall be placed 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Code 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 Code 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Grass clippings placed curbside the evening before in reusable covered containers is recyclable. Grass in plastic bags will not be picked up. During leaf season, leaves must be collected in accordance with the provisions of Chapter 222, Recycling, Article II, Leaves. Tree branches must be placed at curbside and will be collected by the Department of Municipal Services. Twigs must be bundled and tied.
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.
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; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
This article may be enforced by the Recycling
Coordinator, the Municipal Departments of Health, Police, Municipal
Services, Engineering and Building, 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 Land Use 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 Land Use 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:
Those materials naturally formed from trees and bushes that
are suitable for composting and/or mulching purposes.
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.
Includes all solid waste, garbage, leaves, refuse, trash,
etc., usually disposed of under the municipal garbage contract and
normally placed for curbside pickup by residents in the Borough of
Emerson for usual collection at regular intervals by the contractor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[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 bags
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be enforced by the Borough
Clerk and by the Health Department, Police Department and Department
of Municipal Services and by 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; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
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 $1,000, 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.
