[HISTORY: Adopted by the Township Council of the Township
of Saddle Brook 11-12-1987 by Ord. No. 961; amended in its entirety 4-9-2009 by Ord. No.
1465. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Bergen County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include:
For residential premises (one-family to four-family dwellings):
Garden apartment, condominium or townhouse complexes and premises:
Glass (effective date of mandatory separation: April 3, 1989):
transparent, translucent (green in color), translucent (amber in color);
aluminum cans, newspapers and magazines, corrugated cardboard, leaves,
plastic bottles Type 1 and 2, white goods, tin cans, ferrous scrap,
tires, mixed paper, household batteries, electronics, construction
and demolition debris.
For business and/or commercial premises:
Glass (effective date of mandatory separation: April 3, 1989):
transparent, translucent (green in color), translucent (amber in color);
aluminum cans, newspapers and magazines, corrugated card board, ferrous
scrap, leaves, scrap metals, tires, high-grade office paper, white
goods, mixed paper, construction and demolition debris, plastic containers
Type 1 and 2, household batteries, electronics.
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.
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 Mayor and who shall
be authorized to, among other things, enforce the provisions of this
chapter, 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 municipality
of the Township of Saddle Brook.
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.
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.
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 municipality of the Township of Saddle Brook,
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 Township of Saddle Brook.
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.
B.
All receptacles or dumpsters shall be maintained in accordance with
the Health Code of the municipality of the Township of Saddle Brook,
and in a clean and safe manner.
C.
Newspapers. It shall be mandatory for all persons who are owners,
lessees and occupants of residential, institutional and commercial
dwellings located on dedicated roadways in the Township of Saddle
Brook, County of Bergen, State of New Jersey, to separate newspapers
and magazines born all other solid waste produced by residents and
to separately bundle said newspapers and magazines, secured in bundles
not to exceed 50 pounds, and they shall not be contained in plastic
bags. Bundles of newspapers and magazines as described above shall
not remain, in the case of one- and two-family dwelling units, at
the house or garbage pickup location for other refuse, but instead
shall be placed by the owner, lessee or occupant at the curb on the
days prescribed and scheduled by the Township of Saddle Brook. In
the case of commercial units, other dwelling units, such as apartments
and townhouses, and multidwelling units shall ensure that a special
place is designated for the storage of said newspapers and magazines,
and all lessees or owners of said dwelling units shall be required
to separate such items and place the same in said designated place
as aforesaid. The owner(s) or manager of said multifamily dwelling
units located on dedicated Township roadways shall notify the Department
of Public Works Superintendent of the location of said area, which
must also be satisfactory to the Township's Fire Prevention Bureau.
D.
Leaves. All leaves generated from trees lying within the boundaries
of the Township of Saddle Brook shall be source separated by all persons
for removal from the municipal solid waste stream pursuant to the
following methods of disposal:
(1)
Method of disposal.
(a)
During leaf collection season as designated by the rules and
regulations promulgated hereunder, no person shall sweep, rake or
deposit leaves into any Township right-of-way or public place within
the Township, except that those leaves which fall within said right-of-way
of the Township may be raked out into the streets located in the Township.
All other leaves must be bagged in recyclable biodegradable leaf bags,
which bags shall be placed at the gutter line in front of said property
and shall thereafter be subject to collection by the Township.
(b)
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is only allowed
during the seven days prior to a scheduled and announced collection
and shall not be placed closer than 10 feet to any storm drain inlet.
Placement of such yard waste at the curb or along the street at any
other time or in any other manner is a violation of this subsection.
If such placement of yard waste occurs, the party responsible for
placement of the yard waste must remove the yard waste from the street,
or said party shall be deemed in violation of this subsection.
(2)
Other acceptable methods of disposal.
(a)
Composting or mulching of leaves. Notwithstanding the requirements
and regulations established under this subsection, any person may
choose to compost and/or mulch their particular leaves on site for
their personal horticultural benefit, provided that such activities
are of no adverse consequence to the health and safety codes currently
governing or to be promulgated to govern such activity and that such
alternate means of disposal are accomplished at no cost to the Township
of Saddle Brook.
E.
Household-generated batteries.
(1)
Effective immediately with the adoption of this chapter, it shall
be mandatory for all persons to separate household-generated batteries,
as defined herein, from their solid waste and to place said household-generated
batteries in containers specifically identified for recycling of household-generated
batteries at a location to be designated by the Recycling Coordinator.
(2)
No lead-acid batteries will be accepted, i.e., car, motorcycle and
marine batteries or any other batteries that contain lead-acid.
F.
Cardboard and chipboard. Cardboard must be broken down for easier
handling and contained in another cardboard box or string tied to
prevent spillage/blowing. Chipboard may be placed with the newspapers
and follow the same regulations for newspaper.
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 their 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 their 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.
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c.
A.
Any application to the Planning Board of the municipality of the
Township of Saddle Brook 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 municipality
of the Township of Saddle Brook, 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.
[Added 8-1-2019 by Ord.
No. 1663-19]
Recycling cans cannot be put out before 6:00 p.m. on the night
prior to the pickup, and all containers must be removed from the curb
area within 12 hours of pickup.
The Code Enforcement Official, 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 chapter.
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 to exceed $1,000. Each day for
which a violation of this chapter occurs shall be considered a separate
offence. 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.
In the event that it is determined, by a court of competent
jurisdiction, that any provision or section of this chapter is unconstitutional,
all other sections and provisions shall remain in effect. This chapter
shall take effect immediately, unless otherwise provided by resolution
of the governing body.
