[Adopted 3-16-2009 by Ord. No. 1409-2009 (Ch. 201, Art. III,
of the 1975 Code)]
As used in this article, the following terms shall have the
meanings indicated:
The person or persons appointed by the Mayor and Council
and 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 solid waste generated at residential, commercial and
institutional establishments within the boundaries of the Borough
of Edgewater.
Corrugated cardboard, cereal boxes, etc.
Combined aluminum cans, tin cans, Type 1 and Type 2 plastic
containers, and glass goods.
The combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Material and debris that typically results from construction
and/or demolition at residential, commercial and/or industrial sites
in the Borough, including concrete, brick, tree parts, nonferrous/ferrous
metal, asphalt, corrugated cardboard, etc.
Those materials designated within the Borough of Edgewater
District Solid Waste Management Plan to be source-separated for the
purpose of recycling. This definition shall include co-mingled goods,
white goods, cardboard, mixed paper, leaves, grass clippings, construction
and demolition debris, electronic waste, and household hazardous waste,
all as defined herein.
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.
Paint and other household chemicals that are not safe to
dispose of with solid waste collection due to flammability and/or
danger posed to solid waste collection workers.
Any leaves that fall during leaf season.
Newspaper, magazines, junk mail, high-grade office paper,
etc.
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 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.).
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 from
solid waste at the point of generation by the generator thereof for
the purposes of recycling.
Any metal items, such as refrigerators, ovens, bed frames,
etc., other than materials defined herein as co-mingled goods.
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 Edgewater, 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 designated herein or as may be hereinafter established by regulations
promulgated by the Edgewater Department of Public Works.
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the Mayor and Council
of the Borough may exempt persons occupying commercial or institutional
premises within its Borough boundaries from the source-separation
requirements of the article which require persons generating Borough
solid waste within its Borough boundaries to source-separate from
the Borough 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 article, a commercial or institutional generator of solid
waste shall file an application for exemption with the Borough 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 person 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 Borough Recycling Coordinator of the total number
of tons collected and recycled for each designated material.
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.
Receptacles or other items to be disposed of shall be placed as noted
above any time after 8:00 p.m. of the day immediately preceding the
day of collection, but no later than 7:00 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.
C.
The recycling of the following recyclable materials is mandatory
in the Borough of Edgewater, and collection and/or disposal of these
materials shall be in the manner prescribed as follows, or at times
and in the manner prescribed by regulations adopted by the Edgewater
Department of Public Works.
(1)
Cardboard: collected on Mondays for residents, including high-rises
and businesses that elect to have cardboard collected; may also be
dropped at the Borough recycling facility at 540 River Road, Edgewater.
(2)
Mixed paper: collected on Wednesdays, alternating weeks between areas
north and south of Route 5; may also be dropped at the Borough recycling
facility at 540 River Road, Edgewater.
(3)
Co-mingled goods: collected on Thursdays, alternating weeks between
areas north and south of Route 5; may also be dropped at the Borough
recycling facility at 540 River Road, Edgewater.
(4)
White goods and ferrous scrap metals: collected on Fridays by appointment
only; may also be dropped at the Borough recycling facility at 540
River Road, Edgewater.
(5)
Electronic goods: collected on Fridays by appointment only; may also
be dropped at the Borough recycling facility at 540 River Road, Edgewater.
(6)
Leaves: collected between approximately October 15 and December 31,
as Borough schedule permits.
(7)
Grass clippings: collected on normal garbage collection days.
(8)
Construction and demolition debris: must be collected by private
contractor; arrangements to be made by resident/business.
(9)
Batteries: may be dropped at the Borough recycling facility at 540
River Road, Edgewater.
(10)
Household hazardous waste: must be taken to county drop-off
location.
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 Borough 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 article.
B.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or his/her designee, unless the Borough 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 the 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,[1] 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, as detailed in Article III of this chapter.
A.
Any application to the Planning Board of the Borough of Edgewater
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 Borough Recycling Coordinator.
B.
Prior to the issuance of a certificate of occupancy by the Borough
of Edgewater, 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 Borough 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.
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 article and the local sanitary
code.
C.
Once placed in the location identified by this article or any rules
or regulations promulgated pursuant to this article, no person, other
than those authorized by the Borough, shall tamper with, collect,
remove or otherwise handle designated recyclable materials.
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 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 material.
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 not less than $250, nor more than $1,000.
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 Borough Recycling Trust Fund
(or equivalent). Monies in the Borough Recycling Trust Fund shall
be used for the expenses of the Borough recycling program, including
the cost of purchasing equipment used for the collection of recyclables.
Nothing herein shall create or be construed to create any obligation
on the part of the Borough of Edgewater to collect any recyclable
materials in the Borough of Edgewater or to collect any recyclable
materials more or less frequently or to more or fewer persons, other
than those obligations pursuant to contract, statute, regulation or
ordinance that may exist as of the date of adoption of this article.
