[HISTORY: Adopted by the City Council of
the City of East Orange as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-3-1984 by Ord. No. 52-1984; amended in its entirety 7-18-2011 by Ord. No.
22-2011]
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The corporation, firm or individual who has been awarded
the current scavenger contract by the City of East Orange.
Large items of solid waste which, because of their size or
weight, cannot be contained in suitable receptacles. These items include
but are not limited to appliances, furniture, plumbing fixtures, lumber,
scrap wood and branches. The City's Director of Public Works and or
his designee shall determine whether an item is bulky waste in accordance
with the guidelines set forth herein.
[Amended 2-24-2020 by Ord. No. 7-2020]
A reservoir for collecting surface drainage or runoff.
The area that is 10 feet on either side of the catch basin.
The City of East Orange, New Jersey.
A wholesale, retail or service establishment, including but
not limited to restaurants, markets, offices, retail and wholesale
outlets and theaters, excluding industrial establishments.
Items including but not limited to lawn and garden material,
hedge clippings, leaves, small bushes, Christmas trees, wallboard
and plaster.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and/or consumption of food.
Any individual, public or private corporation or firm owning,
operating or in charge of any residential, nonresidential, commercial,
industrial or institutional source who produces or has charge of producing
solid waste or recyclable material.
Any waste which poses a present or potential threat to human
health, living organisms or the environment. It shall include waste
material that is toxic, corrosive, irritating, radioactive, biologically
infectious, explosive or flammable.
Any property which is not a residential, commercial or industrial
source, which includes but is not limited to public or private schools,
hospitals and medical care facilities.
The foliage material naturally formed from trees and bushes
that are suitable for composting and mulching.
Garbage, refuse, rubbish and all other waste material which,
if thrown or deposited as prohibited in this article, tend to create
blight and a danger to public health, safety and welfare.
The person appointed by the Mayor who shall be authorized
to enforce the provisions of this article and the rules and regulations
promulgated hereunder.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the City of East Orange or other public body and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
Includes all streets, sidewalks, boulevards, alleys or other
public rights-of-way and all public parks, squares, spaces, grounds
and buildings.
Any material designated by the City to have a recycling value.
A process by which materials which would otherwise be disposed
of as solid waste are separated, collected, processed and converted
into economically valuable raw materials or products.
A business which collects, processes, sells, purchases or
converts recyclable materials.
All putrescible and nonputrescible waste, including garbage,
rubbish, ashes, street cleanings, dead animals, industrial waste and
hazardous refuse.
Any waste container that a person controls, whether owned,
leased or operated, including dumpsters, trash cans, garbage pails
and plastic trash bags.
A household and other dwelling unit not defined as a "commercial
source."
Garbage, refuse, debris and other discarded materials from
residential or commercial sources, excluding recyclable material.
The collection and transportation of solid waste from its
source or location to a disposal site, a resource recovery facility
or a recycling facility.
The detaching, sorting and setting apart from residential,
nonresidential, commercial, industrial or institutional solid waste,
by the generator at the point of generation, of all designated recyclable
materials, for the purpose of recycling.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
Receptacles provided with covers constructed to prevent spillage
or leakage of contents in a number sufficient to contain the solid
waste accumulated, pending collection in conformance with the City's
solid waste collection schedule.
A reusable receptacle made of metal or plastic, with a capacity
of no more than 50 gallons for residential property of less than 50
units or no larger than 110 gallons for residential properties of
more than 50 units, with handles and solidly constructed, or a container
of a size and dimension approved by the Municipal Recycling Coordinator.
Paper bags are not "suitable receptacles."
A receptacle made of metal or plastic, with a capacity of
no more than 35 gallons, with handles, solidly constructed so as to
prevent spillage or leakage of contents and weighing not more than
100 pounds when placed for collection; or, in the alternative, plastic
bags that shall be securely closed and not more than 18 inches in
diameter and 26 inches high and not more than 35 gallons in capacity
and with sufficient strength to maintain physical integrity when lifted.
Paper bags and cardboard boxes are not "suitable receptacles."
All corrugated cardboard of the type commonly used for boxes,
shipping containers and packing materials, having exterior cardboard
piles separated by air spaces created by one or more fabricated cardboard
piles.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
Grass, leaves, cutting of tree branches, shrubbery or other
vegetation.
Except where an alternate method providing equivalent health
and safety methods is utilized, such as incineration or compaction,
the owner, agent, lessee, tenant or occupant of every dwelling, market,
restaurant or other premises where solid waste accumulates in the
City shall provide and maintain in a suitable place on the premises
sufficient receptacles to contain the accumulated solid waste.
A.
Any person who controls, whether owned, leased or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
B.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semiliquids or solids to the municipal
separate storm sewer system(s) operated by the City of East Orange.
C.
Exceptions to prohibition:
(1)
Permitted temporary demolition containers.
(2)
Litter receptacles (other than dumpsters or other bulk containers).
(3)
Individual homeowner trash and recycling containers.
(4)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
(5)
Large bulky items (e.g., furniture, bound carpet and padding,
white goods placed curbside for pickup).
No receptacle or solid waste referred to in this article shall be placed for collection on the curb or sidewalk or the public right-of-way prior to 5:00 p.m. preceding the day on which such receptacle or solid waste is scheduled to be collected, nor shall receptacles be permitted to remain thereon longer than two hours following collection at any commercial source or residential source with four or more dwelling units and seven hours following collection at any residential source with four or fewer dwelling units. (See § 156-15 for violations and penalties hereof.)
The owner of each residential property shall supply sufficient containers, as described in § 156-1, for the temporary storage of recyclable material pending collection. The location of said containers shall be in an area that is easily accessible by residents and which shall not create a nuisance. (See § 156-15 for violations and penalties hereof.)
A.
Residential sources. All residential sources shall be allowed to
place solid waste at the curb for collection by the City's authorized
collector, provided that all garbage and refuse is contained in suitable
receptacles. Recyclable material is to be separated from other solid
waste and recycled in a manner and according to a schedule promulgated
and published by the City. Loose wood and tree limbs are to be cut
into four-foot lengths and tied in bundles not more than 25 pounds
each. Debris such as grass clippings and similar material shall be
placed in receptacles of sufficient strength to prevent breaking while
handling and weighing not more than 75 pounds when filled. Leaves,
dirt, stones, broken concrete, debris or other construction material
or items of an unreasonable nature will not be collected by the authorized
collector. Hazardous refuse shall not be placed for collection but
shall be disposed of at the expense of the owner or possessor thereof
in accordance with laws and regulations of the State of New Jersey.
B.
Commercial sources. All commercial sources shall be allowed to place
solid waste at the curb for collection by the City's authorized collector,
provided that all garbage and refuse is contained in no more than
four suitable receptacles and recyclable material is separated from
other solid waste. Used corrugated cardboard, bulky waste, dirt, stones,
broken concrete, debris or other construction material or items of
an unreasonable nature will not be collected by the authorized collector.
Hazardous refuse shall not be placed for collection but shall be disposed
of at the expense of the owner or possessor thereof in accordance
with laws and regulations of the State of New Jersey.
[Added 2-24-2020 by Ord. No. 7-2020[1]]
No residential source shall dispose of more than three bulky
items on any single bulky trash collection day. No commercial source
shall dispose of more than six bulky items on any single bulk trash
collection day. To the extent bulky items consist of lumber, scrap
wood or branches, same must be cut to a length of four feet or less
and placed into a bundle.
[1]
Editor's Note: Former § 156-5, Mandatory source separation and recycling of designated material; § 156-5.1, Removal of recyclables; § 156-5.2, Residential disposition of recyclables; and § 156-5.3, Proper placement of yard waste; violations and penalties, were repealed 4-9-2012 by Ord. No. 10-2012. See now Art. II, Recycling, of this chapter.
No person other than those authorized by the City shall tamper with, collect, remove, cut or untie any bundle of newspaper or any other recyclable material or solid waste placed at the curb for collection. (See § 156-15 for violations and penalties hereof.)
No person shall throw, drop, dump, tow or otherwise place any
solid waste, abandoned automobile, automobile parts or any excavated
material on private property without first obtaining the permission
of the owner or person in possession of such property.
No person shall prevent or interfere with any City employee
or agent in the discharge of his/her duties in inspecting for the
proper placement of receptacles or recyclable material for collection
or the sweeping or cleaning of any street or in the removal of sweepings,
snow, ice or other refuse material or in the removal of solid waste
or other recyclable materials.
No person engaged in the collection or transportation of solid
waste or recyclable material shall cause or permit any such material
to be dropped or scattered upon City streets. No person engaged in
the collection or transportation of solid waste or recyclable material
shall occupy any street for an unreasonable length of time in loading
or unloading.
All vehicles used in transporting solid waste through City streets
must be furnished by the owner with a sound and watertight body and
shall be completely and securely covered as to prevent their contents
from being scattered upon the streets. All such vehicles shall be
equipped with a broom and shovel to remove any solid waste dropped
during collection or transportation. No such vehicle shall be in a
filthy or offensive condition.
All vehicles used in transporting recyclable materials through
City streets must be furnished by the owner with a sound and watertight
body and shall be securely covered when loaded so as to prevent the
contents from being scattered upon the streets. All such vehicles
shall be equipped with a broom and shovel to remove any recyclable
material dropped during collection or transportation. No such vehicle
shall be in a filthy or offensive condition.
No person collecting solid waste shall keep, suffer or permit
to remain overnight in the City any solid waste collected within or
outside of the City.
A.
No recyclable materials shall be brought into, gathered, collected,
accumulated, stored, exposed, carried or transported in any manner
through any street or public place or into any structure in the City,
except by persons registered with the City through the Sanitation
Division of the Engineering Department.
B.
Such registration shall be revocable by the City at any time, after
notice and hearing.
C.
No registration shall be necessary under this section for the reasonable
temporary storage of their own material by private individuals, corporations
or institutions.
D.
Any person or business engaged in collecting, transporting, storing
and/or processing of any recyclable materials in the City shall submit
periodic reports on forms prescribed by the Sanitation Superintendent.
A.
Penalties.
(1)
Any person, firm, corporation or entity who or which violates or neglects to comply with any provision of this article, except as provided in § 156-15A(3) or any rule or regulation promulgated pursuant thereto, shall be punishable, upon conviction thereof, by a fine and/or penalty as provided below:
(a)
First offense: a fine of $200.
(b)
Second offense: a fine of $200 and discontinuance of collection
service until compliance is met.
(c)
Third offense: a fine of $500 and discontinuance of collection
service until compliance is met.
(d)
Fourth and each subsequent offense: a fine of $1,000 and discontinuance
of collection service until compliance is met.
(2)
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such, except as provided in § 156-15A(3).
(3)
Payment through Violations Bureau:
(a)
If you wish to plead guilty of violating or refusing to comply with § 156-3, 156-3.1 or 156-6, respectively, on your first offense of any of the sections hereof, and give up your rights to have a lawyer and a trial, you may pay a fine of $200 by bringing or mailing the summons together with payment within 14 days of notice of violation to the Violations Bureau located at:
|
Violations Bureau
Municipal Court - East Orange
221 Freeway Drive
East Orange, New Jersey 07018
|
(b)
Second and each subsequent offense: "plea of guilty" not applicable. Fine and penalty is pursuant to § 156-15A(1) and (2), as provided hereinbefore.
B.
Fines levied and recovered for noncompliance with any and all provisions
of this article shall be transmitted by the Court Clerk within 48
hours after the receipt thereof to the Tax Collector, who shall deposit
all such funds within 48 hours after the receipt thereof to the credit
of the local unit in its designated recycling grant fund account or
revolving relocation assistance fund account of its legal depository.
The recycling grant fund is to be utilized for the purpose of the
City's recycling program, to include, but not be limited to, the purchase
of materials, education, awareness and improvement in services in
accordance with the provisions of N.J.S.A. 40A:4-39.
C.
This article shall be enforced by the Water Department, Public Works
Department, Property Maintenance Department and Health Department
of the City of East Orange.
[Adopted 4-9-2012 by Ord. No. 10-2012]
As used in this article, the following terms shall have the
meanings indicated:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
A construction, renovation or demolition project for which
a building permit or a demolition permit is required, and for which
a dumpster or roll-off container shall be placed on premises for the
purpose of placement of solid waste materials.
Those materials designated within the Essex County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include:
Residential. All homes, condominiums, townhouses, apartments,
trailer parks, etc., including certain housing types considered institutional
(i.e., senior citizen homes) are to recycle the following materials.
There are no de minimis standards based upon amount or weight:
Newspapers.
Mixed paper (i.e., junk mail, office paper, all marketable grades).
Old corrugated containers.
Glass food and beverage containers.
Aluminum beverage containers.
Leaves.
Used motor oil.
White goods.
Lead acid batteries (vehicle batteries).
Plastics (#1 and #2).
Steel/tin containers.
Ferrous scrap.
Commercial. All places of business (wholesale, retail, service,
food, transportation, etc.) are included in this sector.
Newspapers.
Glass food and beverage containers.
Aluminum beverage containers.
Leaves.
Old corrugated containers.
Office paper (all marketable grades).
Used motor oil.
White goods.
Lead acid batteries (vehicle batteries).
Plastics (#1 and #2).
Steel/tin containers.
Ferrous scrap.
Institutional. All government buildings, schools, colleges,
hospitals, clinics, etc., are included in this sector.
Newspapers.
Glass food and beverage containers.
Aluminum beverage containers.
Leaves.
Old corrugated containers.
Office paper (all marketable grades).
Used motor oil.
White goods.
Lead acid batteries (vehicle batteries).
Plastics (#1 and #2).
Steel/tin containers.
Ferrous scrap.
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 guesthouses
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 municipal governing
body 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 City of
East Orange.
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.
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.
Recyclable materials which 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 City of East Orange, 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 City
of East Orange.
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 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 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: 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 anytime after 5:00 p.m. of the day immediately preceding 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.
[Amended 2-23-2015 by Ord. No. 7-2015]
B.
All receptacles or dumpsters shall be kept clean and in a safe manner.
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 arrive and every six months during their occupancy.
[Amended 8-12-2019 by Ord. No. 21-2019]
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 its 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
March 30 of each year 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.
E.
Any owner, agent or lessee of a commercial establishment in the City
must keep the outside of their premises free of garbage, refuse, rubbish
and all other waste material, including those items which are defined
in this article as litter, which tend to create blight and a danger
to public health, safety and welfare.
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
City of East Orange for subdivision or site plan approval for the
construction of multifamily dwellings of 25 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 City of
East Orange, 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 Director of Public
Works.
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 municipality, shall tamper with, collect,
remove or otherwise handle designated recyclable materials.
A debris recovery plan shall be filed with the Municipal Recycling
Coordinator prior to the commencement of any activity for which municipal
approval is 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. 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 article. An approved debris recovery plan shall be
marked "Approved" and returned to the owner of the entity which submitted
the plan.
B.
Denial. A debris recovery plan shall not be approved if it does not
provide all of the information required by this article. 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 article, 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 article, the
owner shall be notified in writing of the denial of the diversion
requirement adjustment.
Documentation. 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 article 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 article to
the Municipal Court 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 City's Municipal Court shall be
final.
The Code Enforcement Official, the Department of Health, the
Police Department, the Recycling Coordinator, the Property Maintenance
Official, the Housing Officer, and the Essex 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.
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 or more than $1,000. 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, including
community education programs.
