[Adopted 10-21-1987 by Ord. No. 87-27; amended in its entirety 9-17-2019 by Ord. No. 2019-18]
As used in this article, the following terms shall have the meanings indicated:
CARDBOARD
Corrugated boxes and containers shaped in parallel furrows and utilized to construct packaging and shipping containers.
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Borough of Lodi's Solid Waste Management Plan to be source-separated for the purpose of recycling. These materials include: newspaper, glass beverage containers, aluminum cans, ferrous scrap, vegetative waste, white goods, tin cans, construction and demolition debris (concrete, brick, and asphalt), corrugated cardboard, mixed paper, type 1, 2 and 5 plastic containers and car tires.
ELECTRONIC WASTE
A computer central processing unit and associated hardware or peripherals, including keyboards, modems, printers, scanners, and fax machines. A cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones.
MULTIFAMILY DWELLING
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.).
MUNICIPAL RECYCLING COORDINATOR
The 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.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Borough of Lodi.
RECYCLABLE MATERIAL
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.
SOURCE SEPARATION
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.
SOURCE-SEPARATED RECYCLABLE MATERIAL
Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
TIRES
Automotive and truck tires only without rims.
VEGETATIVE WASTE
Grass, leaves, and tree branches not to exceed three feet in length and four inches in diameter obtained from the Borough of Lodi residential parcels of land. No commercial vegetative waste obtained from outside the Borough of Lodi will be accepted.
WHITE GOODS
Any appliances, such as refrigerators, washers, dryers, stoves, etc.
A. 
Mandatory source separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential 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 Borough of Lodi to separate designated recyclable materials from all solid waste. Residential 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 Borough of Lodi.
[Amended 1-19-2021 by Ord. No. 2020-33]
(1) 
Residential 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 Borough of Lodi. Any said residential designated recyclable materials can be dropped off at the Department of Public Works during normal or extended business hours for such purpose.
(2) 
Commercial premises within the Borough of Lodi shall deposit recyclables separate and apart from other solid waste generated by such business or commercial establishment in approved containers, and have them disposed of for recycling purposes by a private hauler at an approved facility at the owner's expense.
B. 
Exemptions. 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 this article 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. To be eligible for an exemption pursuant to this article, 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 such data is reported no later than February 1 for the prior year; 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.
The collection of recyclable material shall be in the manner prescribed as follows:
A. 
All rigid containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, 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. Rigid containers and brown paper bags shall not be placed in the roadway. Recyclables will not be picked up if they contain or are in plastic bags. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above any time after 6:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 6:00 p.m. of the day of collection.
B. 
Rigid containers shall not exceed 50 pounds and must be fitted with handles and watertight lids.
C. 
Tree branches are not to exceed three feet in length and four inches in diameter and must be securely bundled and tied not exceeding 50 pounds.
The owner of any property 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 appropriate municipal office. Violations and penalty notices will be directed to the 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.
From the time of placement at the curb by anyone of the categories described herein for collection by the Borough of Lodi in accordance with the terms hereof, items shall be and become the property of the Borough of Lodi or its authorize agent. It shall be a violation of this article for any person unauthorized by the Borough of Lodi to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more residences shall constitute a separate and distinct offense, punishable as hereinafter provided.
A. 
All commercial and institutional generators of solid waste 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. All commercial, institutional or industrial properties which provide outdoors 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. 
Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator no later than February 1, on such forms as may be prescribed, on the recycling activities at their premises, including the amount of recycled material in tons, by material type, collected and recycled and the vendor or vendors providing recycling service.
D. 
All food service establishments, as defined in the Health Code, 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.
Pursuant to N.J.S.A. 13:1E-99.13a and 99.16c prior to the issuance of a certificate of occupancy by the Borough of Lodi, the owner of any new multifamily housing as defined by the Zoning Ordinance 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. Changes or updates to these contracts must be reported to the Recycling Coordinator within 30 days of execution of such contracts.
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 a 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 sanitary code.
C. 
Once placed in the location identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
The Code Enforcement Official, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, the Zoning Officer, and the Bergen County Department of Health are hereby individually and severally empowered to enforce the provisions of this article. 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 fine of $50 for the first offense in a calendar year, a fine of $100 for the second offense in a calendar year, a fine of $250 for the third offense in a calendar year which will result in a mandatory court appearance, for the fourth offense, by a fine up to $1,000 and/or imprisonment for a term not exceeding 90 days, or any combination thereof. A court appearance shall be mandatory for a fourth offense. Each day for which a violation of this article occurs shall be considered a separate 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).