[HISTORY: Adopted by the Mayor and Council of the Borough of Wanaque 5-21-1990 as Ord. No. 5-0-90. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage and rubbish — See Ch. 120.
Littering — See Ch. 125.
Solid waste — See Ch. 136.
As used in this chapter, the following terms shall have the meanings indicated:
ALUMINUM CANS
Cans made entirely of aluminum which were used to hold beverages. Specifically excluded are cans of other types of materials and other aluminum products, such as foil, pie pans and aluminum siding.
BIMETAL
Containers specifically of nonaluminum construction used for such products as pet food cans, canned fruit and the like.
BUSINESS OR COMMERCIAL
Any nonresidential building or establishment, including but not limited to those used for retail, wholesale, offices, professional services, shipping and receiving areas and cafeterias.
CONSTRUCTION DEBRIS
Any debris generated or accumulated by reason of new home or other building construction, alteration or addition, improvement or repair, consisting of roofing shingles, tar paper, sheathing, lumber, framing, beams, lolly columns, plaster, sheetrock, insulation, plumbing and electrical materials, cinder block, concrete block, cement, brick, facing or finishing materials, be they masonry or otherwise, aluminum siding, cedar siding, vinyl siding, gutters, leaders, ceiling materials, tile, linoleum, asphalt, heating, ventilating and air-conditioning units, duct work or appurtenances and any other similar materials generated or resulting from such activity.
[Added 12-15-1992 by Ord. No. 19-92-92]
CORRUGATED CARDBOARD
The terms used to identify a type of paper in which a portion has been made to have a wavy surface (alternating ridges and grooves) and is placed between two flat surfaces for the sake of strength and which is commonly used to form cartons.
DESIGNATED MATERIALS
Those recyclable materials listed in the Passaic County District Recycling Plan which are mandated to be source-separated for recycling, namely, glass food and beverage containers, aluminum beverage containers, newspaper and leaves residentially; glass food and beverage containers, aluminum beverage containers and corrugated cardboard for restaurants and taverns; corrugated cardboard and high-grade paper for all other commercial establishments; and glass food and beverage containers and paper for institutional establishments. Herein, the term will also include any additional materials stipulated by the municipality for recycling, such as tin cans, plastic, oil, tires, organics, etc.
GLASS
Bottles and jars made of silica, soda ash and limestone, being transparent or translucent and breakable. Specifically excluded are plastics or any other glass products, such as window glass and ceramics.
HIGH-GRADE PAPER
Papers generally used in offices that are of high quality and do not have a glossy finish, including but not limited to computer, letterhead, ledger and photocopy paper.
INSTITUTION
An established organization or foundation dedicated to public service or culture, including but not limited to religious, educational, health-care and governmental establishments.
LEAVES
Shall be deemed to refer to fallen leaves.
NEWSPAPER
Newsprint-grade paper which is printed and distributed daily or weekly that contains news. The recycling of such material excludes soiled paper.
PLASTICS
Containers made entirely of plastic used to hold products such as oil, dish detergent and the like. Specifically excluded are bags, cans and other such plastic products.
RECYCLING
Any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RESIDENT
Any person who owns, leases and/or occupies dwellings within the municipality, including those in multifamily dwellings and/or single-family developments.
RESTAURANT AND TAVERN
Any nonresidential building or establishment, including but not limited to those used for providing food-related and dining services.
SOLID WASTE
All garbage and rubbish normally placed at the curb for collection by the borough on a regular schedule.
SOURCE SEPARATION
Recyclable materials which are kept separate and apart from residential, commercial and institutional solid waste by the generator for the purposes of collection, disposition and recycling.
On and after the date of final approval of this chapter, it shall be mandatory for all residential, institutional and commercial inhabitants of the Borough of Wanaque to source-separate designated materials from all other solid waste for recycling. This shall be done in the manner described in § 89A-3.
A. 
Single-family units.
(1) 
Residents of single-family units shall separate newspaper, glass food and beverage containers, aluminum containers, newspapers and leaves (hereinafter collectively termed "recyclables") for all other solid waste and shall segregate such recyclables for the Borough of Wanaque curbside recycling program or recycling depot
(2) 
Recyclables should be placed at the curb before 7:00 a.m. for collection or should be deposited at the recycling center located on Villa Place between the hours of 9:00 a.m. to 3:00 p.m. Monday through Friday and 9:00 a.m. to 2:00 p.m. Saturday through Sunday. Material shall be prepared in the following manner:
(a) 
Newspaper: cross-tie with twine or string into bundles no larger than 12 inches high.
(b) 
Glass containers: rinse and remove caps; place into a permanent borough-supplied container no larger than 25 gallons in size.
(c) 
Aluminum containers: rinse, crush and place into a permanent borough-supplied container no larger than 25 gallons in size.
(d) 
Leaves: to be collected by the contractor during October and November.
(e) 
Plastics and Bimetal: rinse and place in the container provided.
(f) 
Tires.
[Added 3-19-1991 by Ord. No. 4-90-91]
[1] 
Effective April 1, 1991, tires shall be picked up at the curbside one day per month, to be designated. Residents must come to the Borough Clerk's office to pay the appropriate fee; they will then receive a sticker to apply to the tire. No tires shall be picked up without the proper sticker.
[2] 
Fees:
[a] 
Two dollars and fifty cents per tire.
[b] 
Five dollars per tire with rim.
[c] 
Six dollars and fifty cents per truck tire.
(3) 
All of the aforementioned provisions may from time to time be modified by the Municipal Recycling Coordinator to the extent that procedures are developed for residents to have their recyclables recycled.
B. 
Residential developments (multi- and single-family) shall be responsible for establishing recycling programs for the collection of designated recyclable materials listed in Subsection A. These materials are to be stored for collection by the municipality or deposited at the municipal recycling depot. Documentation of tonnage or material recycled is to be submitted in accordance with § 89A-4.
[Amended 11-19-1990 by Ord. No. 11-90-90]
C. 
Institutions shall source-separate corrugated cardboard, office paper, glass and aluminum containers for recycling. Designated materials may be deposited at the recycling center during regular hours if prepared according to the specifications listed above. The institution shall be responsible for establishing recycling programs for the collection, transportation and marketing of designated recyclable materials. Documentation of tonnage of material recycled is to be submitted in accordance with § 89A-4.
D. 
Commercial establishments. Restaurants and taverns shall source-separate corrugated cardboard and glass and aluminum containers for recycling, and all other businesses shall source-separate corrugated cardboard and high-grade paper. Each establishment shall be responsible for establishing recycling programs for the collection, transportation and marketing of designated recyclable materials. Documentation of tonnage of material recycled is to be submitted in accordance with § 89A-4.
E. 
All construction debris shall be deposited in a container suitable for that purpose, through arrangements made by and between the owner of property or his agent and a private contracting company. Such debris shall not be placed in the municipal waste stream or placed at curbside or in other containers for municipal collections.
[Added 12-15-1992 by Ord. No. 19-92-92]
(1) 
Effective immediately, all persons intending to dispose of construction debris shall obtain a permit therefor from the office of the Wanaque Borough Municipal Clerk, upon payment of a fee of $5.
(2) 
The permit shall set forth:
(a) 
The name and address of the owner of the property.
(b) 
The name and address of the person collecting the construction debris and the size of the container acquired or utilized for said purpose.
(c) 
An estimate of the volume of construction debris to be collected and removed.
F. 
It shall be unlawful for the generator of construction debris to place any such construction debris for collection with the municipal solid waste collection system.
[Added 12-15-1992 by Ord. No. 19-92-92]
A. 
All commercial, institutional, multi- or single-family developments which are not serviced by municipal recycling collection systems must submit recycling documentation on a quarterly basis to the Municipal Recycling Coordinator. Due dates for report periods:
Reporting Period
Due Date
January 1 to March 31
April 8
April 1 to June 30
July 8
July 1 to September 30
October 8
October 1 to December 31
January 8
B. 
The Municipal Recycling Coordinator will compile all recycling documentation and report to the County Recycling Coordinator on a quarterly basis by the 15th of the months stated above under due dates.
C. 
Those not complying will be subject to enforcement penalties defined in § 89A-9.
Recyclable materials placed at the curb or recycling depot are the property of the Borough of Wanaque or its authorized agent. It is a violation of this chapter for any person unauthorized by the Borough if Wanaque to collect or pick up or cause to be collected or picked up any such recyclables. Any and each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided in § 89A-9.
Any person who is an owner, lessee or occupant may donate or sell recyclable materials to any person, partnership or corporation, whether operating for profit or not for profit, as long as the recycling individual or company submits documentation to the Municipal Recycling Coordinator as described in § 89A-4.
The Municipal Recycling Coordinator, Supervisor of Roads and Police Department or their designated agent is/are hereby authorized and directed to enforce all provisions of this chapter, including inspections and penalties for noncompliance.
A. 
It shall be unlawful to combine designated, unsoiled recyclables with other solid waste. Failure to source-separate designated materials for recycling is a violation of this chapter.
B. 
It shall be unlawful for solid waste collectors to collect solid waste that contains visible signs of designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste/recyclables which visibly display a warning notice, sticker or some other device indicating that the load of solid waste contains designated recyclable materials and therefor should not be removed for disposal.
C. 
It shall be the responsibility of the nonrecycler whose solid waste was not removed because it contained recyclables, to properly segregate the uncollected waste for proper recycling. Allowing such unseparated refuse to accumulate will be considered a violation of this chapter and the Local Sanitary Code.
D. 
It shall be unlawful for the generator not serviced by the municipality for collection of recyclables to fail to accurately record and report recyclables that have been collected, stored, sold or otherwise disposed of.
Any person, firm or corporation who violates or neglects to comply with § 89A-2, 89A-3, 89A-4, 89A-5, 89A-6, or 89A-8 of this chapter or any regulations promulgated pursuant thereto shall, upon conviction hereof, be punishable by a fine of not less than $25 nor to exceed $1,000, except that the maximum fine for failure to comply with §§ 89A-2, 89A-3 and 89A-4 shall be set at $25 for an initial violation. Enforcement shall commence upon the effective date of this chapter. Each and every day that said violation continues shall be considered a separate offense.
The enforcement agent or its designated agent shall be responsible for the inspection of solid waste and/or recyclables in all sectors in order to determine any noncompliance with this chapter. These inspections will be made on a random basis, at a frequency of at least once per month per collection route.
[Amended 11-19-1990 by Ord. No. 11-90-90; 3-19-1991 by 4-90-91]
The governing body shall not exempt persons occupying commercial and institutional premises located within the Borough of Wanaque from the source-separation and reporting requirements of this chapter.