[HISTORY: Adopted by the Borough of Rutherford
Council 12-15-1987 by Ord. No. 2489-87; amended in its entirety 3-24-2009 by Ord. No. 3180-09. Subsequent amendments noted where applicable.]
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[1]), (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.
[1]
Editor's Note: N.J.S.A. 13:1E-92 to 13:1E-94 were repealed
by L. 2002, c. 128, § 12, effective 12-20-2002. See now
N.J.S.A. 13:1E-213 et seq.
[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.
All beverage and other containers made of aluminum, commonly
known as "aluminum cans."
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.
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.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
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.
Structural material shaped in parallel furrows and ridges
for rigidity, used to make packing and shipping containers.
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.
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.
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).
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.
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."
Those materials that are generated from the mowing or thatching
of lawns.
Includes the following products: computer printout and tabular
cards, ledger paper, white letterhead and nonglossy copier paper.
Those materials naturally formed from trees and bushes that
are suitable for composting and mulching purposes.
Includes all magazines or periodicals printed on glossy stock
or paper of heavier quality than that commonly recognized as "newsprint."
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.
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.).
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of the Borough.
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."
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
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.
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.
Includes all garbage and rubbish normally placed at the curb
or in containers for regular collection by the municipality or private
companies.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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.
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.
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.
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.
Leaves and grass clippings.
The following materials are designated as recyclable under the
mandatory program established by this chapter:
A.
All persons, except those physically disabled, who are owners, lessees
or occupants of property in the Borough shall separate newspapers,
magazines, aluminum, glass and metal from any other solid waste produced
by any such residences and shall place them in blue Borough-issued
automated cans for pickup, collection and recycling in accordance
with applicable regulations.
[Amended 12-9-2019 by Ord. No. 3514-19]
B.
The owner, lessee or occupant of every
property within the Borough shall source separate leaves and vegetative
waste from solid waste generated at that property. Leaves and vegetative
waste that are placed curbside for collection shall be in either garbage
cans or biodegradable paper bags. Leaves must not be placed in the
street. Leaves may not be placed in plastic bags or in the Borough-issued
automated cans.
[Amended 12-9-2019 by Ord. No. 3514-19]
C.
The owner, lessee or occupant of every property within the Borough
shall source separate grass clippings from solid waste generated at
that property. Grass clippings shall be placed at curbside for collection
on scheduled days in either garbage cans or biodegradable paper bags.
[Amended 12-9-2019 by Ord. No. 3514-19]
D.
All persons who are owners, lessees or occupants of property in the Borough operated or used for commercial, industrial or governmental purposes shall, in addition to the requirements otherwise applicable under this chapter, separate corrugated material and high-grade office paper from any other solid waste produced by any such property and shall separately bundle the same for pickup, collection and recycling in accordance with the applicable provisions of Chapter 40, Garbage, Rubbish and Refuse, of the Code of the Borough of Rutherford.
E.
Sweeping, raking, blowing or otherwise placing yard waste that is
not containerized at the curb or along the street is prohibited.
[Amended 12-9-2019 by Ord. No. 3514-19]
F.
Yard waste shall not be placed closer than 10 feet to any storm drain
inlet, stormwater control, catch basin, or sanitary sewer.
G.
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste,
unless the yard waste is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible
for placement of yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this chapter.
[Added 8-18-2020 by Ord. No. 3529-20]
A.
The Recycling Coordinator shall promulgate reasonable regulations
establishing the commencement dates for mandatory separation of recyclables
and the manner, dates and times for collection of the same in accordance
with the terms of this chapter. Any such regulations promulgated by
the Recycling Coordinator shall be approved by the Borough Council
and may be changed, modified, repealed or amended in whole or in part
by majority vote of the Borough Council.
B.
All separated recyclables shall be placed at curbside for pickup,
collection and recycling in strict conformity with the following:
(1)
Newspapers and magazines shall be separated and secured in individual
bundles, not exceeding 12 inches in height, using twine or paper bags.
Bundles shall not be contained in plastic bags.
(2)
Aluminum shall be separated and secured in suitable, reusable containers
or boxes and not in bags.
(3)
Glass shall be separated by color (clear, brown and green) and contained
in suitable, reusable containers or boxes and not in bags.
C.
Recyclable materials shall not be placed at curbside for pickup,
collection and recycling earlier than 6:00 p.m. of the previous day
established for pickup.
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.
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 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 Borough.
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the ordinance 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 chapter, 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, 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 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.
A.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this chapter.
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
on an annual basis to the Recycling Coordinator, 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 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.
A.
Any application to the Borough Planning Board 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 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,
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 Municipal Engineer.
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 the 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 chapter and the local sanitary
code.
C.
Once placed in the location identified by this chapter, or any rules
or regulations promulgated pursuant to this chapter, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
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.
A.
Approval. Whenever practicable, a debris recovery plan shall be reviewed
by the Municipal Recycling Coordinator, and approved if it provides
for all of the information required by this chapter. An approved debris
recovery plan shall be marked "approved" and returned to the owner
of the entity which submitted the plan.
B.
Denial. Whenever practicable, a debris recovery plan shall not be
approved if it does not provide all of the information required by
this chapter. If a debris recovery plan is not approved, the owner
of the entity which submitted the plan shall be notified in writing
that the plan has been rejected, including the reasons for the rejection.
In order to obtain the building or demolition permit sought, the owner
of the entity which will carry out the construction, renovation, or
demolition project shall make the required changes and resubmit the
debris recovery plan to the Municipal Recycling Coordinator.
A.
Application. If the owner of an entity carrying out a covered project
experiences circumstances that makes it infeasible to comply with
the diversion requirement cited in this chapter, the owner of the
entity may apply for an adjustment. The owner shall indicate in writing
why it is infeasible to divert 50% of the materials being generated
from the covered project and specify what percentage of diversion
could be achieved. Increased costs to the owner of the entity carrying
out the covered project will not be an acceptable justification for
an adjustment.
B.
Review. The Municipal Recycling Coordinator shall review the information
supplied by the owner. If warranted the Municipal Recycling Coordinator
shall attempt to contact the owner to discuss possible ways of meeting
the diversion requirement.
C.
Granting of an adjustment. If the Municipal Recycling Coordinator
determines that it is infeasible for the entity carrying out a covered
project to divert 50% of the generated C&D debris from the covered
project, the percent of diversion required shall be adjusted. The
owner shall be notified in writing of the adjusted diversion requirement.
The owner of the entity carrying out the covered project shall be
required to divert the percent of C&D debris required by the adjustment.
D.
Denial of adjustment. If the Municipal Recycling Coordinator determines
that it is feasible for the owner of an entity carrying out a covered
project to meet the diversion requirement cited in this chapter, the
owner shall be notified in writing of the denial of the diversion
requirement adjustment.
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.
