[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:
COMMERCIAL SITE
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.
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
CORRUGATED CARDBOARD
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.
DESIGNATED RECYCLABLE MATERIALS
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.
DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
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.
DWELLING UNIT
A one-family home and a two-family home.
ELECTRONIC WASTE
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.
FERROUS SCRAP
Includes all metal scrap which contains steel and/or cast iron and cans made from steel and known as "tin cans."
GLASS
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."
GRASS CLIPPINGS
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.
HIGH-GRADE PAPER
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."
MAGAZINES
All magazines or periodicals printed on glossy stock or paper of heavier quality than that commonly recognized as "newsprint."
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 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.
MUNICIPAL SOLID WASTE (MSW) STREAM
All said waste generated at residential, commercial and institutional establishments within the boundaries of the Borough of Westwood.
NEWSPAPERS
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.
PAPER
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.
PAPER PRODUCTS
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.
PLASTIC CONTAINER
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.
PLASTICS NOS. 1 THROUGH 7
Those nonmetallic disposable food, beverage and household goods containers bearing the recycling symbols "1" through "7" on the bottom of the container.
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.
RECYCLED PAPER PRODUCT
Any paper product consisting of not less than 50% secondary wastepaper material.
RECYCLED PAPERS
Any paper having a total weight consisting of not less than 50% secondary wastepaper material.
RECYCLING
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.
RECYCLING CENTER
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.
RECYCLING SERVICES
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.
SINGLE SOURCE/SINGLE STREAM
Common recyclables that are mixed together (i.e., glass, plastic, aluminum, tin, paper and cardboard).
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated from solid waste at the point of generation by the generator thereof for the purposes of recycling.
SOURCE SEPARATION
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.
TIN CANS
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.
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.