[Adopted 9-29-1989 by Ord. No. 89-8 and 3-17-2009 by Ord. No.
09-04; amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
A.
The position of Recycling Coordinator is hereby established within
the Borough of Westwood and must be certified pursuant to N.J.S.A.
13:1E-99.16.
B.
The Recycling Coordinator shall be appointed by the Governing Body
for a term of one year, expiring December 31 annually. The term of
a person appointed at any time beyond the start of any year as Recycling
Coordinator may be for less than one year and shall expire on December
31 of that year.
C.
The Recycling Coordinator, subject to the approval of the Governing
Body, shall establish and promulgate reasonable rules and regulations
as to the manner, days, collection, disposal, sale and transportation
of recyclable materials within the Borough of Westwood.
As used in this article, the following terms shall have the
meanings indicated:
Any site containing a retail, professional, commercial or industrial use as defined in Chapter 195, Land Use and Development, of the Code of the Borough of Westwood.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
A paper or paper product fashioned into the semirigid substance
utilized to make boxes and typically containing two solid sheets laminated
with a wavy sheet of paper between the two said sheets.
Those recyclable materials, including metal, glass, paper
or plastic containers, food and waste, corrugated and other cardboard,
newspaper, magazines or high-grade office paper, designated in this
article to be source-separated.
The transportation, placement, reuse, sale, donation, transfer
or temporary storage, for a period not exceeding six months, of designated
recyclable material for all possible uses except for disposal as solid
waste.
A one-family home and a two-family home.
A computerized central processing unit and associated hardware,
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.
Includes all metal scrap which contains steel and/or cast
iron and cans made from steel and known as "tin cans."
All products 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, and all other materials commonly known
as "glass," excluding, however, blue and flat glass, commonly known
as "window glass."
The usual and customary by-product of lawn cutting, such
as is ordinarily expelled through the exit chute of a rotary lawn
mower or which drops to the ground during the cutting process, said
materials being organic in content and consisting entirely of grass
or other vegetation having a lawn-like appearance, such as crab grass
or dandelions.
Includes all white paper commonly known as "typing paper,"
"bond paper," "xerographic paper" or "copier paper," "offset paper,"
"mimeographic paper," "notebook paper" and "carbonless computer paper."
All magazines or periodicals printed on glossy stock or paper
of heavier quality than that commonly recognized as "newsprint."
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 Governing Body 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 said waste generated at residential, commercial and institutional
establishments within the boundaries of the Borough of Westwood.
Paper 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
matters of public interest.
All newspaper, high-grade office paper, line paper, bond
paper, offset paper, xerographic paper, mimeographic paper, duplicator
paper and related types of cellulosic materials containing not more
than 10% by weight or volume of noncellulosic materials, such as laminates,
binders, coatings or saturants.
Any paper items or commodities, including but not limited
to paper napkins, towels, construction material, toilet tissue, paper
and related types of cellulosic products containing not more than
10% by weight or volume of noncellulosic material, such as laminates,
binders, coatings or saturants.
A container which is hermetically sealed or made airtight
with a metal or plastic cap, with a minimum wall thickness of not
less than 0.010 inch and composed of thermoplastic synthetic polymeric
material.
Those nonmetallic disposable food, beverage and household
goods containers bearing the recycling symbols "1" through "7" on
the bottom of the container.
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.
Any paper product consisting of not less than 50% secondary
wastepaper material.
Any paper having a total weight consisting of not less than
50% secondary wastepaper material.
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.
Any facility designed and operated solely for receiving,
storing, processing and transferring source-separated, nonputrescible
or source-separated, commingled, nonputrescible metal, glass, paper,
plastic containers, corrugated and other cardboard or other recyclable
materials approved by the Department of Environmental Protection.
The services provided by persons engaged in the business
of recycling, including the collection, processing, storage, purchase,
sale or disposition, or any combination thereof, of recyclable materials.
Common recyclables that are mixed together (i.e., glass,
plastic, aluminum, tin, paper and cardboard).
Recyclable materials which are separated from solid waste
at the point of generation by the generator thereof for the purposes
of recycling.
The process by which recyclable materials are separated from
solid waste at the point of generation by the generator thereof for
the purposes of recycling.
All disposable food and household goods containers which
are metallic in composition and are not made from aluminum. Any can
not previously containing a soft drink or beer may, for the purpose
of recycling, be presumed to be tin.
A.
Mandatory source separation. 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 Borough of Westwood, to separate designated recyclable
materials from all solid waste. 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 Public
Works Department.
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 the
specified recyclable materials from the municipal solid waste stream,
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:
(1)
The
name of the commercial or institutional entity;
(2)
The
street address location and lot and block designation;
(3)
The
name, official title and phone number of the persons making application
on behalf of the commercial or institutional entity;
(4)
The
name, address, official contact person and telephone number of the
facility which provides the service of recycling those designated
recyclable materials; and
(5)
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.
The materials listed below shall be separated at their source
from the waste stream. Upon separation, these materials may be privately
sold or donated or delivered to the recycling site herein designated,
provided that such are among the categories of recyclables to be accepted
or placed at the curb for curbside pickup in the program for such
herein designated, and provided that such materials are among the
categories collected.
A.
Residential
sector.
(1)
Newspaper.
(2)
Glass
beverage containers.
(3)
Aluminum
cans.
(4)
Ferrous
scrap.
(5)
Leaves.
(6)
White
goods.
(7)
Tin
cans.
(8)
Grass.
(9)
Construction
and demolition debris (concrete, brick, tree parts, nonferrous/ferrous
metal, asphalt, and corrugated cardboard, where practical).
(10)
Corrugated cardboard.
(11)
Mixed paper.
(12)
Plastic containers (Types 1 through 7).
B.
Commercial
sector (including institutions).
(1)
Corrugated
cardboard.
(2)
High-grade
office paper.
(3)
Glass
beverage containers.
(4)
Ferrous
scrap.
(5)
White
goods.
(6)
Aluminum
cans.
(7)
Mixed
paper.
(8)
Construction
and demolition debris (concrete, brick, tree parts, nonferrous/ferrous
metal, asphalt, and corrugated cardboard, where practical).
(9)
Types
1 and 2 plastic containers/bottles.
A.
All 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 a 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.
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
6:30 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.
All receptacles or dumpsters shall be maintained in accordance with
appropriate provisions of this chapter and other laws of the Borough
so governing.
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 arise and every six months during their occupancy.
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 his or her 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.
Every business, institution or industrial facility shall report to
the Recycling Coordinator no later than February 28 of each year,
on such forms as may be prescribed, on recycling activities at its
premises, including the amount of recycled material, by material type,
collected and recycled and the vendor or vendors providing recycling
service.
D.
All retail food establishments, as defined in N.J.A.C. 8:24-1.5,
shall, in addition to complying 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-99.13(a) and 99.16(c), a recycling
plan and recycling service shall be required for new developments
of multifamily residential units or commercial, institutional or industrial
properties.
A.
Any application to the Planning Board of the Borough of Westwood,
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 shall 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 Borough
of Westwood, 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 Borough Engineer.
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.
The municipal recycling center, its hours of operation and the
categories of recyclables it will accept shall also be designated
by the Recycling Coordinator subject to approval by resolution of
the Mayor and Council.
A.
Recyclable
materials, as herein defined, shall be the property of the Borough
of Westwood once placed for municipal curbside collection or delivered
to the municipal recycling center.
B.
It shall
be a violation of this article for any person not authorized by the
Governing Body to collect or cause to be collected recyclable materials
intended for collection by the Borough. Each such pickup shall constitute
a separate offense.
A.
It shall be unlawful for any person to dispose of designated recyclable
materials except as herein provided for. The Mayor and Council may
empower Borough employees or contractors that may be engaged in the
collection of garbage or trash to refuse the collection from any receptacle
if said receptacle appears to contain recyclable materials that are
specified herein.
B.
The Mayor and Council may by resolution permit bona fide civic or
charitable organizations to collect or dispose of recyclable materials,
provided that the Borough of Westwood shall receive all appropriate
recycling tonnage credits. Written requests therefor must be submitted
no later than 30 days prior to the start of such proposed programs.
Notification of approval shall be in writing from the Recycling Coordinator
or any official designated by the Mayor and Council.
Tonnage credit for recyclables donated or sold by any resident or commercial, industrial or other property must be provided to the Borough as part of the documentation requirement for complying with mandatory waste stream requirements. Documentation describing the weight of all sold or donated recyclables, not just those identified in § 318-16, shall be provided to the Recycling Coordinator.
The Mayor and Council may empower Borough employees or contractors
that may be engaged in the collection of garbage or trash to refuse
the collection from any receptacle if said receptacle appears to contain
recyclable materials that are specified herein.
A.
The Department of Public Works facility at Harrington Avenue, Westwood,
New Jersey, is hereby designated as the municipal recycling center,
in accordance with the signs and directions posted thereat.
B.
The center shall be opened to receive mandatory recyclable materials
on the following days: Monday through Friday, except holidays, 6:30
a.m. to 2:45 p.m.; Saturdays, 8:00 a.m. to 12:00 noon.
The Code Enforcement Office, the Westwood Police Department,
the Department of Health, the Recycling Coordinator, the Property
Maintenance Official, the Housing 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 materials.
In the event this article or any provision of same shall conflict
with any existing ordinance, this article shall control.
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 established in accordance with N.J.S.A. 40:49-5.
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). Monies in the Municipal Recycling Trust Fund
shall be used for the expenses of the municipal recycling program.
