[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-11-1972. Further amended 6-9-1975 and 6-11-1984; amended in its entirety 9-8-1986 (Ch. 49 of
the 1974 Code)]
As used in this article, the following terms
have the meanings indicated:
All dishwashers, washing machines, refrigerators, dryers,
garbage compactors, space heaters, air conditioners, gas/electric
ranges/stoves, televisions and similar electrical or gas operated
durable goods.
Recyclable components of the construction/demolition debris
waste stream including but not limited to concrete, brick, block,
asphalt, asphalt-based roofing scrap and tree stumps/trunks.
[Added 5-26-1992 by Ord. No. 1992-7]
Brown cardboard boxes and packaging material used for storage,
shipping and receiving.
[Added 5-26-1992 by Ord. No. 1992-7]
Kitchen waste, including condemned foods, animal or vegetable
matter, offal, decaying and decomposing matter, clothing and wastepaper.
[Amended 5-26-1992 by Ord. No. 1992-7]
All used newspapers, magazines, telephone directories, other
similar newsprint, high-grade paper, stationery, loose paper.
[Amended 5-26-1992 by Ord. No. 1992-7]
Any individual, partnership, association, corporation, or
other legal entity who or which are legal residents or occupants of
the Borough of Prospect Park.
Consumer generated glass, plastic, tin or aluminum containers,
paper which can be recycled, leaves to be collected for composting
and all other designated materials required by law to be recycled
and as more specifically defined in the rules and regulations of the
mandatory recycling program.
All other material not described in the definition in this
section of recyclable materials or solid waste.
Metal household items (ferrous and nonferrous) such as pots,
pans, mechanic/carpentry/garden tools, fixtures, electric drills,
wrenches, wheelbarrows, lawn mowers, steel storage cabinets, etc.
[Added 5-26-1992 by Ord. No. 1992-7]
All garbage and rubbish normally placed at curbside for regular
municipal collection.
Reduction of waste generated at the beginning of a process
or service, as the first step in solid waste management.
[Added 6-14-1993 by Ord. No. 1993-6]
All scrap or waste resulting from a process of manufacture,
assembly, disassembly, alteration, conversion or treatment of a product,
or the by-product of retail sales.
Appliances such as stoves, refrigerators, washers, dryers,
air conditioners, water heaters and empty propane tanks, and other
appliances determined by and in the form to be acceptable by the Borough
of Prospect for disposal and pick up as contained in the recycling
rules and regulations of the Borough of Prospect Park.
[Added 12-27-2011 by Ord.
No. 2011-18]
Every person placing solid waste or other matter
for municipal collection, as prescribed by the Borough Council, from,
on, or in, connection with a residential property or residential units
shall observe the following requirements:
A.
Solid waste shall be placed in watertight containers
of an approved type with handles and not exceeding 40 gallons in capacity.
Lids and/or covers shall be preferred but not required. No more than
three such containers shall be placed for collection at any one time.
In addition, in the case of multiple dwelling units, no more than
six containers shall be placed for the entire dwelling. Solid waste
shall not be placed solely in plastic or paper bags or corrugated
boxes for disposal. All containers utilized for the disposal of solid
waste and/or recyclable material shall have an identifying marking
that coincides with the house number wherein the solid waste/recycling
emanated from.
[Amended 2-20-2007 by Ord. No. 2007-3; 7-23-2018 by Ord. No. 2018-8; 6-17-2019 by Ord. No. 2019-14]
B.
Recyclable materials shall be separated from solid
waste, prepared, packaged and collected according to the guidelines
set forth in the rules and regulations.
[Amended 2-20-2007 by Ord. No. 2007-3; 7-23-2018 by Ord. No. 2018-8; 6-17-2019 by Ord. No. 2019-14]
C.
Recyclable materials such as glass containers, aluminum
cans, tin cans, and plastic containers shall be placed in watertight
containers of an approved type with handles and not exceeding 40 gallons
in capacity. The within requirement does not apply to newspapers or
brown corrugated cardboard. Newspapers must be separated from solid
waste and must be securely tied in bundles or packed in brown (supermarket)
bags or placed in corrugated boxes. Newspapers shall not be placed
in plastic bags, regardless of weather conditions. Brown corrugated
cardboard must be separated from solid waste and must be flattened
and tied in convenient bundles for handling or securely placed in
corrugated boxes. Gray chip board such as cereal boxes, gift boxes,
light appliance boxes, toys/games, shoe boxes, etc., must be separated
from solid waste and must be flattened, tied in bundles or packed
in brown supermarket bags. Soiled boxes are not acceptable. All containers
utilized for the disposal of solid waste and/or recyclable material
shall have an identifying marking that coincides with the house number
wherein the solid waste/recycling emanated from.
[Amended 2-20-2007 by Ord. No. 2007-3; 7-23-2018 by Ord. No. 2018-8; 6-17-2019 by Ord. No. 2019-14]
D.
Material and refuse from construction, repairs or
alterations to dwellings or structures in excess of one twenty-gallon
container or equivalent will not be accepted for collection.
[Amended 5-26-1992 by Ord. No. 1992-7]
E.
Hedge and shrubbery clippings, tree trimmings and
garden refuse will be accepted if secured for ease of handling and
placed at curbside. Leaves shall be prepared for collection according
to the applicable rules and regulations.
F.
Household furniture will not be accepted at curbside
if they weigh more than 50 pounds or exceed a length of three feet
or a width of three feet or a height of three feet, except one item
of furniture in excess of these limits will be accepted per collection.
[Amended 6-14-1993 by Ord. No. 1993-6]
G.
All motorized vehicle tires, wheels, batteries, body
or other parts will not be accepted for collection.
[Amended 5-26-1992 by Ord. No. 1992-7]
H.
Garbage placed at curbside for collection shall be free from designated recyclable items. Garbage mixed with or containing such recyclable items will not be accepted and must be removed from curbside in accordance with § 350-5.
I.
Corrugated or other cardboard containers or packing
material in excess of three feet in length will not be accepted for
collection.
J.
Scrap metal, appliances and white goods will be accepted
for collection by the Borough of Prospect Park pursuant to the terms
and conditions of the recycling rules and regulations of the Borough
of Prospect Park.
[Added 5-26-1992 by Ord. No. 1992-7;
amended 12-27-2011 by Ord. No. 2011-18]
Every person placing solid waste, or other refuse
for municipal collection from business establishments, institutions,
factories and all other locations, except residence units, shall observe
the following requirements:
A.
Garbage containers shall be the same as required for
residential properties, but the containers may be of a larger volume
and they must be placed at curbside unless other arrangements have
been approved by the Borough Council. No container and contents thereof
shall have a combined weight in excess of 75 pounds. All recyclable
items shall be separated from solid waste and placed in containers
according to the applicable rules and regulations.
[Amended 2-20-2007 by Ord. No. 2007-3; 7-23-2018 by Ord. No. 2018-8; 6-17-2019 by Ord. No. 2019-14]
B.
All solid waste shall be placed in watertight containers
of an approved type with handles and not exceeding 40 gallons in capacity.
No more than three such containers shall be placed for collection
at any one time. Solid waste shall not be placed solely in plastic
or paper bags for disposal. Recyclable materials such as glass containers,
aluminum cans, tin cans, and plastic containers shall be placed in
watertight containers of an approved type with handles and not exceeding
40 gallons in capacity. The within requirement does not apply to newspapers
or brown corrugated cardboard. Newspapers must be separated from solid
waste and must be securely tied in bundles or packed in brown (supermarket)
bags or placed in corrugated boxes. Newspapers shall not be placed
in plastic bags, regardless of weather conditions. Brown corrugated
cardboard must be separated from solid waste and must be flattened
and tied in convenient bundles for handling or securely placed in
corrugated boxes. Gray chip board such as cereal boxes, gift boxes,
light appliance boxes, toys/games, shoe boxes, etc., must be separated
from solid waste and must be flattened, tied in bundles or packed
in brown supermarket bags. Soiled boxes are not acceptable.
[Amended 2-20-2007 by Ord. No. 2007-3; 7-23-2018 by Ord. No. 2018-8; 6-17-2019 by Ord. No. 2019-14]
C.
Trade waste will not be accepted for municipal collection.
D.
Scrap metal, appliances and white goods will be accepted
for municipal collection by the Borough of Prospect Park pursuant
to the terms and conditions of the recycling rules and regulations
of the Borough of Prospect Park.
[Added 5-26-1992 by Ord. No. 1992-7;
amended 12-27-2011 by Ord. No. 2011-18]
E.
Corrugated or other cardboard in any form will not
be accepted for municipal collection.
[Added 5-26-1992 by Ord. No. 1992-7]
F.
Garbage placed at curbside for collection shall be free from designated recyclable items. Garbage mixed with or containing such recyclable items will not be accepted and must be removed from curbside per § 350-5.
[Amended 5-26-1992 by Ord. No. 1992-7]
G.
No such business establishment or factory in the Borough
of Prospect Park shall place any garbage, rubbish or refuse at curbside
for collection by the Borough exceeding three garbage containers.
Any business establishment with garbage or refuse in excess of three
garbage containers must make their own provisions for the disposal
of the excess.
[Amended 5-26-1992 by Ord. No. 1992-7]
H.
Businesses, institutions and multifamily developments
not serviced by municipal recycling or collection systems.
(1)
All businesses, institutions or multifamily developments
which are not serviced by municipal recycling collection systems or
are partially serviced by other 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 15
|
|
April 1 to June 30
|
July 15
|
|
July 1 to September 30
|
October 15
|
|
October 1 to December 31
|
January 15
|
(2)
The Municipal Recycling Coordinator will compile all recycling documentation and report to the County Recycling Coordinator on a quarterly basis by the end of the months stated above under due date. Those businesses not complying will be subject to enforcement penalties defined in § 350-12.
[Amended 5-26-1992 by Ord. No. 1992-7]
No person shall place at curbside or anywhere
else for collection any explosive, highly flammable materials or hazardous
waste, as such substances are defined in the New Jersey Administrative
Code, such as benzene, gasoline, petroleum, explosive powder or nitrocellulose
film. These highly flammable or explosive materials shall be disposed
of at the expense of the owner or possessor thereof pursuant to the
laws and regulations of the United States of America and the State
of New Jersey and their respective agencies.
[Amended 7-23-2018 by Ord. No. 2018-8; 6-17-2019 by Ord. No. 2019-14; 10-21-2019 by Ord. No. 2019-19]
No person shall set or place any solid waste or other material
at curbside for collection before 4:00 p.m. of the day prior to the
collection day, nor allow any empty containers or unaccepted solid
waste or refuse to remain at curbside after 7:00 p.m. of the day of
collection. Such containers must be stored in such a manner as not
to create a nuisance or annoyance to adjacent neighbors. Time for
placement of recyclable materials are specified in the guidelines
established for the mandatory recycling program. At all other times,
solid waste, refuse and/or recycling containers shall be stored in
such a manner as not to be visible to the public from the curbside
and/or street.
All solid waste, recyclable materials and other
matter set or placed for collection shall be set or placed as near
as possible on or along the curbline and shall not be set or placed
in any gutter, road or on any walk, sidewalk or public thoroughfare
so as to interfere with public travel.
A.
Solid waste shall be disposed of in no other manner than that prescribed
by this article and pursuant to the terms and conditions of the recycling
rules and regulations of the Borough of Prospect Park.
[Amended 12-27-2011 by Ord. No. 2011-18]
B.
Solid waste, scrap metal, appliances, white goods and recyclable
materials placed at curbside for disposal shall not be collected or
removed by any person unless duly authorized by the Council of the
Borough of Prospect Park. Any person collecting or removing said solid
waste, scrap metal, appliances, white goods and/or recyclables without
permission of the Borough of Prospect Park shall be penalized as hereinafter
set forth.
[Amended 12-27-2011 by Ord. No. 2011-18]
C.
Separation of recyclable materials and the disposition thereof must
be conducted according to the guidelines, rules and regulations determined
by the Borough Council as established for the mandatory recycling
program, the specifics of which will be made available to all residents
and businesses in the Borough of Prospect Park.
[Amended 12-27-2011 by Ord. No. 2011-18]
D.
Any owner or operator of a business, institution or
factory that does not comply with the recycling guidelines shall have
the solid waste collection and disposal service terminated by the
municipality, and will have to contract for all solid waste collection
and disposal services privately.
E.
No person shall bring solid waste or refuse into the
Borough of Prospect Park for the purpose of disposing of it through
the Borough garbage collection or recycling program.
F.
Owners of real estate in the Borough of Prospect Park
shall be responsible for compliance by their tenants or occupants
at the time that such tenants or occupants vacate the premises. The
owner will be presumed to have advance notice of such move by tenants
or occupants.
G.
Excess solid waste which is not collected by the Borough
shall be disposed of in conformance with all applicable laws, ordinances,
rules and regulations.
[Added 6-14-1993 by Ord. No. 1993-6]
Recycling goals established for five-year period
are as follows:
|
Year
|
Recycling Goal
|
|---|---|
|
1991
|
30% of the municipal solid waste stream, including
yard waste
|
|
1992
|
35% of the municipal solid waste stream, including
yard waste
|
|
1993
|
40% of the municipal solid waste stream, including
yard waste
|
|
1994
|
45% of the municipal solid waste stream, including
yard waste
|
|
1995
|
50% of the municipal solid waste stream, including
yard waste
|
|
1995
|
60% of the commercial and municipal solid waste
stream, including yard waste
|
[Added 6-14-1993 by Ord. No. 1993-6]
In addition to source separation and recycling
of all designated recyclable items, source reduction practices will
be adopted as a first step in solid waste management and in achieving
or exceeding the mandated goals.
[Added 6-14-1993 by Ord. No. 1993-6]
Requirements for the yearly municipal recycling
certification indicating ongoing program compliance are as follows:
A.
Local recycling ordinance and Master Plan requirements
in full compliance with County District Recycling Plan and state regulations,
with submission of any and all additions or deletions.
B.
Previous year's recycling recovery goal met.
C.
Samples of two publicity outreach mechanisms and description
of distribution to each sector.
D.
All quarterly reports filed with the County Recycling
Coordinator.
E.
Completed state tonnage grant application submitted
on time to both the NJDEP and county.
F.
Report on enforcement efforts in all sectors.
[Added 5-26-1992 by Ord. No. 1992-7;
amended 6-14-1993 by Ord. No. 1993-6]
A.
On and after final approval and the effective date of this article, it shall be both mandatory and a condition precedent to the issuance of any permanent certificate of occupancy or final work inspection for the owner of such property to recycle all applicable construction or demolition debris components and to provide written proof of same in accordance with the provisions set forth in § 350-11B herein to the Building Department for transmittal to the Municipal Recycling Coordinator.
B.
Written documentation of the tonnage of material recycled
under this section shall be made by accurate weight slips and/or in
such form as required by the Municipal Recycling Coordinator as will
satisfy state requirements for municipal eligibility for state tonnage
grants.
[Amended 6-14-1993 by Ord. No. 1993-6; 11-13-1995 by Ord. No.
1995-6; 2-20-2007 by Ord. No. 2007-3]
Any person, firm or corporation who violates or neglects to comply with this article, or any regulations promulgated pursuant thereto, shall, upon conviction thereof, be liable for a fine of $10 for the first offense and liable pursuant to the provisions stated in Chapter 1, Article II, General Penalty, for each subsequent offense. Owners shall be jointly and severally responsible with tenants and occupants for compliance.
[Amended 6-14-1993 by Ord. No. 1993-6]
To insure the effective operation of the provisions
of this article and the adopted mandatory recycling program, the Borough
Council is authorized to make such written guidelines, rules, regulations
or orders as may be necessary or expedient to further implement the
provisions of this article.
[Amended 6-14-1993 by Ord. No. 1993-6]
The Municipal Recycling Enforcement Officer,
Police Department, Superintendent of Public Works, Officials of the
County Department of Health, or Recycling Coordinator or their designated
agent is/are hereby authorized and directed to enforce all provisions
of this article and regulations pursuant hereto, including inspections
and penalties for noncompliance.
[Amended 6-14-1993 by Ord. No. 1993-6]
The enforcement agents shall be responsible
for the inspection of solid waste and/or recyclables in all sectors
in order to determine any noncompliance with this article. These inspections
will be made on a random basis, at a frequency of at least once per
month per collection route.
[Adopted 6-14-1993 by Ord. No. 1993-5 (Ch.
64 of the 1974 Code)]
Anyone contemplating placing a roll-off container
on a Borough street shall first obtain written permission from the
Prospect Park Police Department and the Prospect Park Fire Department
prior to application to the Borough Clerk. Permission is not required
for the temporary use of a Borough street during the transfer or replacement
of a container on private property.
The roll-off container shall be well-lighted
with flasher lights during hours of darkness. Barricades will be used
if necessary.
Containers can only be delivered or picked up
between 7:00 a.m. and 5:00 p.m., Monday through Saturday.
The owner of the roll-off container shall be
liable for any pavement damage during its placement or removal.
Issuance of the permit authorizes a contractor
only to deliver a single empty container or pick up the full container,
but not to transfer or replace such containers at the approved location.
The fee for the permit shall be $25 nonreturnable,
and the permit shall be valid for a seven-day period, beginning from
the date of application approval.
The owner of the roll-off container and lessee
of a roll-off container shall indemnify and save harmless the Borough
of Prospect Park against any and all claims arising from the placement
or use of the roll-off container in the Borough of Prospect Park.
