[Adopted 6-16-1981 by Ord. No. 2040 (Ch.
179 of the 1978 Code); amended in its entirety 12-6-2016 by Ord. No. 3349]
As used in this article, the following terms shall have the
meanings indicated:
Wholesale, retail, service or manufacturing establishments,
including but not limited to restaurants, markets, offices, retail
and wholesale outlets, industrial establishments and theaters.
A combining or nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Essex County District
Solid Waste Management Plan and by the Township of Nutley through
this Municipal Source Separation and Recycling Ordinance to be source
separated for the purpose of recycling. These materials include:
ALUMINUMAll disposable containers made and fabricated of aluminum and most commonly used to contain soda and beer.
ALUMINUM BEVERAGE CONTAINERSIncludes all containers normally used in the consumption of alcoholic and nonalcoholic beverages both in the home and in retail establishments dispensing the same for on- or off-premises consumption, the same being made entirely of aluminum.
BIMETAL (Tin/Steel) CANSAluminum and tin or tin-plated steel food and beverage containers, including those for fruits, vegetables, juices and pet food.
LEAD ACID BATTERIESAre the types that contain lead and lead oxide with the sulfuric acid electrolyte produces a voltage. Used in vehicles such as automobiles, motorcycles, boats, etc., and composed primarily of lead plates in sulfuric acid.
HOUSEHOLD DRY CELL BATTERIESComprise various types such as mercury, silver, oxide, NiCad, alkaline, carbon zinc, lithium, etc.
CORRUGATED CARDBOARDA 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 for shipping and delivering of commercial materials, foods, appliances, business machines, etc.
OLD CORRUGATED CONTAINERSAll corrugated cardboard of the type commonly used for boxes, shipping containers and packing material having exterior cardboard plies separated by air spaces created by one or more fabricated cardboard plies.
ELECTRONIC WASTEComputers and associated hardware including keyboards, modems, printers, scanners and fax machines, TVs, telephones, cell phones, VCRs, DVD players, stereos and microwaves.
FERROUS SCRAPIs scrap metal that is magnetic and rusts such as structural steel or cast iron components.
GLASSProducts used as bottles, jars and other glass containers made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter or liquid, and all other material commonly known as "glass"; excluding, however, blue glass and flat glass, commonly known as "window glass," and mirrors.
GLASS FOOD AND BEVERAGE CONTAINERSAll containers and objects commonly used in residential and nonresidential premises, such as bottles, jars, glasses, jugs and all other vessels made entirely and exclusively of glass.
GRASS CLIPPINGSOrganic material from the mowing of lawns.
LEAVESFoliage material naturally formed from trees and brushes that are suitable for composting and mulching. Excluded are grass clippings, plant and flower clippings, branches, yard debris or any items other than tree leaves.
MOTOR OILOil used in vehicle engines primarily for lubrication of engine parts that is not contaminated with water or any other abnormal items.
USED MOTOR OILAny waste crank case oil from periodic maintenance of internal combustion engines.
MIXED PAPERAll newspaper, fine paper, bond paper, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material, whether shredded or whole.
MIXED OFFICE PAPERA combination of paper products found in an office environment, typically, it means high-grade papers such as copier paper, computer printout, and stationery. It also includes magazines, catalogs, brochures, white envelopes, advertising flyers and most mail.
NEWSPAPERPaper 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 matter of public interest. Expressly excluded are all magazines or similar periodicals, phone books and junk mail as well as all other paper periodicals of any nature whatsoever.
OFFICE PAPERHigh-grade 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.
PLASTICS/PLASTICS CONTAINERSBottles and containers made from a light-weight man-made resin of various colors. Most bottles are coded with a number from 1 to 7 in a triangle located on or near the bottom of the container. The majority of plastic is PET No. 1 (soft drink and liquor bottles) and HDPE No. 2 (milk, water, juice, detergent, bleach, etc.) containers.
WHITE GOODSLarge metal appliances such as, but not limited to, refrigerators, air conditioners, stoves, freezers, washers, dryers, water heaters, ranges, dishwashers, furnaces, metal lawn furniture, bicycles, steel or cast-iron plumbing fixtures etc.
STEEL/TIN CONTAINERSAll disposable containers made and fabricated of one or more metals (i.e., steel or tin) and used to store food and beverages.
Churches, synagogues, colleges, schools, municipal or municipally
supported bodies, not-for-profit organizations and the like.
Any building or structure, or complex of buildings in which
three or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (see N.J.S.A.
13:1E-99.13a) and shall include hotels, motels, or other guest houses
serving transient or seasonal guests, as those terms are defined under
Subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law,
P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
Person or persons appointed by the municipal governing body
and who shall be authorized to, among other things, enforce the provisions
of this article, and any rules and regulations which may be promulgated
hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of Nutley;
Both plural and singular, as the case may demand, and includes
corporations, partnerships, firms, societies and associations, as
well as individuals.
Those materials which would otherwise become solid waste,
and which may be collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products;
All items as designated by the Essex County Recycling Plan,
dated December 13, 1988, and adopted January 25, 1989, or as amended,
by requirement of the Statewide Mandatory Source Separation and Recycling
Act (P.L. 1987, c. 102),[1] or any other items designated by Township regulation.
Homes, condominiums, townhouses and other dwelling units
not defined as multi-family, commercial or institutional sources.
All garbage and rubbish normally collected by regular curbside
pickups from residents of the Township.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling;
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
A.
There is hereby established a program for separation of recyclables
from solid waste on a mandatory basis within the Township for the
purpose of recycling.
B.
Nutley's original recycling ordinance, Ord. No. 2040, was adopted
on June 16, 1981, and only mandated newspapers. Glass and aluminum
were added on October 6, 1981, by Ord. No. 2060. On June 9, 2009,
Nutley's Recycling Ordinance was amended by Ord. 3103. This revised
chapter covers all currently mandated recyclables and conforms to
P.L. 1987, c. 102.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
A.
There is hereby established a program for the mandatory source separation
from the municipal solid waste stream by the single-family and multi-family
residential, commercial, office park, industrial, institutional and
government solid waste generators of the Township at the point of
generation for the following items:
|
Residential
|
Commercial
|
Institutional
| |
|---|---|---|---|
|
Newspapers
|
Newspapers
|
Newspapers
| |
|
Glass food and beverage containers
|
Glass food and beverage containers
|
Glass food and beverage containers
| |
|
Aluminum beverage containers
|
Aluminum beverage containers
|
Aluminum beverage containers
| |
|
Leaves
|
Leaves
|
Leaves
| |
|
Old corrugated containers
|
Old corrugated containers
|
Old corrugated containers
| |
|
Mixed paper (i.e., junk mail, office paper, all marketable grades)
|
Office paper (all marketable grades)
|
Office paper (all marketable grades)
| |
|
Used motor oil
|
Used motor oil
|
Used motor oil
| |
|
White goods
|
White goods
|
White goods
| |
|
Lead acid batteries (vehicle batteries)
|
Lead acid batteries (vehicle batteries)
|
Lead acid batteries (vehicle batteries)
| |
|
Plastics (#1 thru #7)
|
Plastics (#1 thru #7)
|
Plastics (#1 thru #7)
| |
|
Steel/tin containers
|
Steel/tin containers
|
Steel/tin containers
| |
|
Ferrous scrap
|
Ferrous scrap
|
Ferrous scrap
|
B.
Also, such other recyclable materials to be added or deleted as designated
recyclables by the County of Essex pursuant to a duly adopted amendment
to the County Solid Waste Management Plan approved by the New Jersey
Department of Environmental Protection.
C.
It shall be mandatory for all persons who are owners, tenants, or
occupants of residential and nonresidential premises, which shall
include but not be limited to retail and other commercial locations,
as well as government, schools and other institutional locations within
the Municipality of Nutley, to separate designated recyclable materials
from all solid waste.
D.
Designated recyclable materials shall be deposited separate and apart
from other solid waste generated by the owners, tenants, or occupants
of such premises and shall be placed separately at the curb in a manner
and on such days and times as may be hereinafter established by regulations
promulgated by the Township of Nutley Department of Public Works.
A.
All recycling containers containing recyclable materials shall be
placed, prior to collection, between the curb and the sidewalk within
the property owners boundaries, or in the absence of curb and sidewalk,
as near to the street as not to constitute a danger, where such receptacles
shall be readily accessible to the collector without providing obstruction
to pedestrians. Receptacles or other items to be recycled shall be
placed as noted above anytime after 5:00 p.m. of the day immediately
preceding the day of collection, but no later than 7:00 a.m. of the
day of collection. After collection, any containers shall be removed
from the curbside by no later than 7:00 p.m. of the day of collection.
B.
It is the responsibility of the owner or occupant of the premises
to keep all receptacles and/or dumpsters in a clean and safe manner
or in accordance with the Health Code of the Municipality of Nutley.
C.
Used motor oil (up to five gallons a day a person) shall be brought
to any Division of Motor Vehicle inspection station, oil retailer
or retail service station which has a used oil collection tank existing
on the premises or to any site which accepts used oil for recycling
(N.J.A.C. 14A:3-11).
D.
All recycling material listed in the definition section under designated
recyclable materials may be recycled using private authorized and
licensed recycling companies by each commercial and institutional
establishment.
E.
At the option and expense of persons required to separate recyclables
from solid waste under this article, the recyclables may be disposed
of by any other lawful means, including but not limited to contributions
to charitable recycling drives or for use in private composting, provided
that in no event shall recyclables be disposed of as part of solid
waste.
The owner of any residential property in the Township of Nutley
shall be responsible for compliance with this article. For multifamily
units, the management or owner is responsible for setting up and maintaining
the recycling system, including collection of recyclable materials,
in accordance with guidelines or regulations established by the Department
of Public Works. Violations and penalty notices will be directed to
the property owner or management, in those instances where the violator
is not easily identifiable. The management shall issue notification
and collection rules to new tenants when they arrive and every six
months during their occupancy.
A.
All commercial, institutional and industrial generators of solid
waste within the Township of Nutley shall be required to comply with
the provisions of this article.
B.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoor litter
receptacles and disposal service for their contents shall also provide
receptacles for designated recyclable materials, for those materials
commonly deposited, in the location of the litter receptacle, and
shall provide for separate recycling service for their contents.
C.
All food service establishments, as defined in the Health Code of
the Municipality of Nutley, shall, in addition to compliance with
all other recycling requirements, be required to recycle grease and/or
cooking oil created in the processing of food or food products, and
maintain such records as may be prescribed, for inspection by any
Code Enforcement Officer.
New developments of multi-family residential units or commercial,
institutional or industrial properties (pursuant to N.J.S.A. 13:1E-99.13a
and 99.16c.) shall comply with the following:
A.
Any application to the planning board of the municipality of Nutley,
for subdivision or site plan approval for the construction of multifamily
dwellings of three or more units, single family developments of 50
or more units or any commercial, institutional, or industrial development
for the utilization of 1,000 square feet or more of land, must include
a recycling plan. This plan must contain, at a minimum, the following:
(1)
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
(2)
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.), as may be determined by the municipal recycling coordinator.
B.
Prior to the issuance of a certificate of occupancy by the municipality
of Nutley, the owner of any new multifamily housing or commercial,
institutional, or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the municipality does not otherwise provide this service.
C.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the municipal engineer.
A.
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with, or 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 which
visibly display a warning notice sticker or some other device indicating
that the load of solid waste contains designated recyclable materials.
B.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this article and the local municipal
health code.
Once recyclables are placed at the curb for collection by the
Township of Nutley Department of Public Works or its authorized agent(s),
pursuant to the rules and regulations promulgated hereunder, such
recyclables shall become and be the property of the Township of Nutley
Department of Public Works. It shall be a violation of the provisions
of this article for any person not authorized by the Township of Nutley
Department of Public Works to collect or pick up recyclables for any
purpose whatsoever. Any and each such collection or pickup in violation
hereof from one or more premises shall constitute a separate and distinct
offense punishable as hereinafter provided.
A.
Every commercial, institutional, or industrial facility within the
Township of Nutley as well as all recycling firms collecting recyclables
from Nutley establishments must submit to the Municipal Recycling
Coordinator on an annual basis, on such forms as may be prescribed,
all recycling activities at their premises, including accurate weight
slips with the amount of recycled material, material type collected
and recycled and the vendor or vendors providing recycling service.
B.
Documentation will be at no charge to the Township of Nutley and must satisfy state requirements for eligibility for state tonnage grants. Documentation for each calendar year must be submitted no later than March 1 of the following year. Anyone not complying shall be subject to the penalties provided in § 614-9.4.
The Department of Public Works is hereby authorized and directed
to establish and promulgate rules and regulations as to the manner,
days and times for the collection of recyclables in accordance with
the provisions hereof, such rules and regulations to become effective
upon adoption by resolution of the Board of Commissioners.
The provisions of this article shall be enforced by an authorized
representative of the Department of Public Works, Municipal Recycling
Coordinator and/or Essex County Department of Health. An inspection
may consist of sorting through containers and opening of solid waste
bags to detect, by sound or sight, the presence of any recyclable
material.
A.
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this article or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a minimum fine of $250 and a maximum fine of $1,000,
or by imprisonment for a period not exceeding 90 days, or both such
fine and imprisonment. Each day for which a violation of this article
occurs shall be considered a separate offense for each offense.
B.
Fines levied and collected pursuant to the provisions of this article
shall be immediately deposited into the Municipal Recycling Trust
Fund (or equivalent.) Monies in the Municipal Recycling Trust Fund
shall be used for the expenses of the municipal recycling program,
including educational programs, training, equipment and as further
deemed appropriate to enhance the recycling program by the Municipal
Recycling Coordinator.
A.
Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of a municipality
may exempt persons occupying commercial or institutional premises
within its municipal boundaries from the source separation requirements
of the ordinance which requires persons generating municipal solid
waste within its municipal boundaries to source separate from the
municipal solid waste stream, the specified recyclable materials if
those persons have otherwise provided for the recycling of all designated
recyclable materials.
(1)
To be eligible for an exemption pursuant to this section, a
commercial or institutional generator of solid waste shall file an
application for exemption with the municipal recycling coordinator
on forms to be provided for this purpose. The form shall include,
at a minimum, the following information: the name of the commercial
or institutional entity; the street address location and lot and block
designation; the name, official title and phone number of the person
making application on behalf of the commercial or institutional entity;
the name, address, official contact person and telephone number of
the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled, and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the municipal recycling coordinator
of the total number of tons collected and recycled for each designated
material.
B.
Persons who are handicapped and are unable to recycle should send
written requests along with medical documentation of the incapacitation
to the Municipal Recycling Coordinator.
C.
Commercial and institutional establishments may request an exemption
only if the nature of the business is such that the designated recyclables
are contaminated and unfit for recycling.
D.
All requests for exemptions are to be sent to the Municipal Recycling
Coordinator and if granted, a written exemption will be sent to the
applicant. The Municipal Recycling Coordinator will send copies of
all reports and exemptions to the County Recycling Coordinator.
B.
Each section, subsection, sentence, clause and phrase is declared
to be an independent section, subsection, sentence and phrase. In
the event that it is determined by a Court of competent jurisdiction
that any provision or portion of this article is unconstitutional,
void or ineffective for any cause or reason, all other sections and
provisions shall remain in full force and effect.
This article shall be in full force and effect from and after
its adoption and any publication as may be required by law.
