This chapter shall be known and may be cited as the "Recycling
Ordinance of the Borough of Rutherford."
It is hereby found and declared that it is the public policy
of the Borough of Rutherford to significantly reduce the volume of
solid waste generated within the community through the implementation
of a program of source separation and collection of recyclable materials.
The purpose of this chapter is to establish a program in compliance
with the New Jersey Mandatory Recycling Act of 1987), (the "Act"), as amended, to provide environmental benefits
through the reduction of the solid waste volume and the effective
reuse of recyclable materials and to limit the municipal cost for
the disposal of solid waste.
[Amended 8-18-2020 by Ord. No. 3529-20]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
ALUMINUM
All beverage and other containers made of aluminum, commonly
known as "aluminum cans."
BIODEGRADABLE PACKAGING
All packaging with cellulose-based or other substances that
are capable of being readily attacked, decomposed, assimilated and
otherwise completely oxidized or broken down by bacteria or other
natural biological organisms into carbonaceous solid material or water
and carbon dioxide.
CFC-PROCESS TAKE-OUT PACKAGING
Take-out food packaging which uses chlorofluorocarbons as
blowing agents in its manufacture. The family of substances containing
carbon, fluoride and chlorine, having no hydrogen atoms and no double
bonds.
COMINGLED
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
CORRUGATED
Structural material shaped in parallel furrows and ridges
for rigidity, used to make packing and shipping containers.
COVERED PROJECT
A construction, renovation, or demolition project for which
a building permit or a demolition permit is required, and for which
a dumpster or rolloff container shall be placed on premises for the
purpose of placement of solid waste materials.
CURBSIDE
Placement in a street directly at the side of the curb, no
closer than 10 feet to any storm drain inlet, stormwater control,
catch basin, or sanitary sewer exposure.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Borough of Rutherford,
County District Solid Waste Management Plan, to be source separated
for the purpose of recycling. These materials include: (list and define,
as necessary, those designated recyclable materials from the county
recycling plan for the residential, commercial and institutional sectors).
ELECTRONIC WASTE
A computer 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.
GLASS
All 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, and all other material commonly known
as "glass," excluding, however, blue glass, plate glass and glass
commonly known as "window glass."
GRASS CLIPPINGS
Those materials that are generated from the mowing or thatching
of lawns.
HIGH-GRADE OFFICE PAPER
Includes the following products: computer printout and tabular
cards, ledger paper, white letterhead and nonglossy copier paper.
LEAVES
Those materials naturally formed from trees and bushes that
are suitable for composting and mulching purposes.
MAGAZINES
Includes all magazines or periodicals printed on glossy stock
or paper of heavier quality than that commonly recognized as "newsprint."
METAL
All products made of metal, exclusive of aluminum, including
washers, dryers, refrigerators, stoves, hot-water heaters, tire rims,
springs, bicycles, bimetal cans (tin cans) or scrap metal.
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 § 3 of the Hotel and Multiple Dwelling
Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of the Borough.
NEWSPAPER
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. Magazines and periodicals, as well as
all other paper products of any nature, are not considered "newspaper."
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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;
excludes any form of yard waste.
RECYCLING COORDINATOR
The person or persons appointed by the Mayor and Council
in accordance with the Act and who shall be authorized to enforce
the provisions of this chapter, and any rules and regulations which
may be promulgated hereunder.
REGULATIONS
Includes such rules, implementation dates, schedules and
other requirements promulgated by the Recycling Coordinator and approved
by the Borough Council as may be necessary to carry out the purposes
and objectives of this chapter.
SOLID WASTE
Includes all garbage and rubbish normally placed at the curb
or in containers for regular collection by the municipality or private
companies.
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.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, that may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
TAKE-OUT FOOD
Prepared food or beverages requiring no further preparation
to be consumed, which are normally consumed within 90 minutes of purchase
and which are purchased in order to be consumed off vendors' premises.
TAKE-OUT FOOD PACKAGING
All bags, sacks, wrapping, containers, bowls, plates, trays,
cartons, cups and lids on which or in which food or beverages are
placed or packages used on the take-out food vendor's premises which
are not intended for reuse. "Take-out food packaging" does not include
forks, knives, straws or single-service condiment packages.
The following materials are designated as recyclable under the
mandatory program established by this chapter:
A. Newspapers and magazines.
From the time of placement at the curb for pickup, collection
and recycling, recyclables shall be the property of the Borough of
Rutherford or its duly authorized agent. No person unauthorized by
the Borough of Rutherford shall collect or pick up or cause to be
collected or picked up any such recyclables. Each collection or pickup
of recyclables in violation thereof from any one or more residences
shall constitute a separate and distinct offense.
Nothing in this chapter shall be deemed to prohibit any owner,
lessee or occupant from disposing of recyclable materials privately
through a sale or gift, provided that in no event shall such recyclable
materials be left at curbside; and provided, further, that, if recyclable
materials are disposed of by sale or gift, the owner, lessee or occupant
shall provide the Recycling Coordinator with documentation on the
recycled weight.
The Recycling Coordinator shall, no later than December 15 of
each year, notify property owners and residents within the Borough
of the succeeding year's recycling collection schedule and regulations
relating to the recycling program.
The collection of recyclable material shall be in the manner
prescribed as follows:
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 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 5:00 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 7:00 p.m. of the
day of collection.
B. All receptacles or dumpsters shall be maintained in accordance with
the Borough Health Code.
The owner of any property shall be responsible for compliance
with this chapter. 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.
Whenever practicable a debris recovery plan shall be filed with
the Municipal Recycling Coordinator prior to the commencement of any
activity for which municipal approval is required, as further identified
above. The debris recovery plan shall identify the types and estimated
quantities of construction and demolition debris to be generated from
the project, how each material will be managed, and the name of each
facility or service provider that the entity will use to manage each
material. The plan shall further detail how the applicant shall ensure
that a minimum of 50% of the materials to be generated will be separated
and recycled.
Documentation. Whenever practicable, upon completion of the
covered project, but before the final inspection, the owner of the
entity carrying out a covered project shall submit in person or by
certified mail to the Municipal Recycling Coordinator the documentation
required to demonstrate that the applicant has met the diversion requirement.
The required documentation shall include the following:
A. A completed debris recovery report, signed by the owner of the entity
carrying out a covered project, indicating the quantity of each material
generated during the covered project diverted or disposed;
B. Receipts from all facilities or service providers utilized to divert
and dispose materials generated during the covered project; and
C. Any additional information that the owner of the entity carrying
out the covered project believes is relevant to determining compliance
with the diversion requirement.
The Municipal Recycling Coordinator shall review the information
submitted pursuant to this chapter and determine whether the owner
of the entity carrying out the covered project has complied, or failed
to comply, with the diversion requirement. The determination regarding
compliance will be provided to the owner of the entity carrying out
the covered project in writing.
An owner of the entity carrying out the covered project may
appeal a determination of failure to comply under this chapter to
the municipality within 30 days of the decision or determination.
The appeal shall be in writing and shall state the facts and basis
for the appeal. A decision by the department where the appeal is to
be filed shall be final.
The Recycling Coordinator and Superintendent of Public Works
or their duly authorized designees are hereby designated and authorized
as the enforcement officers of this chapter. They are hereby authorized
and directed to establish reasonable regulations providing for a prenotification
and warnings for the improper disposal of recyclable materials, including
the noncollection of solid waste. Any such regulations shall be first
approved by the Borough Council.
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this chapter or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250, nor more than $1,000.
Each day for which a violation of this chapter occurs shall be considered
a separate offense. (NOTE: Municipalities are empowered to incorporate
the provisions of N.J.S.A. 40:49-5 into their Ordinance. This provision
may be viewed at the New Jersey legislative website.)
Fines levied and collected pursuant to the provisions of this
chapter 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.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
[Amended 8-18-2020 by Ord. No. 3529-20]
Each section, subsection, sentence, clause and phrase of this
chapter is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this chapter to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this chapter.
This chapter shall become effective after adoption and publication
according to law.