[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:
Corrugated boxes and containers shaped in parallel furrows
and utilized to construct packaging and shipping containers.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
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.
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.
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.).
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.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Borough
of Lodi.
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.
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.
Automotive and truck tires only without rims.
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.
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.
All receptacles or dumpsters shall be located and maintained
in accordance with the Health Code, Zoning Codes and Property Maintenance
Codes of the Borough of Lodi.
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).
