[Adopted by Ord. No. 3697-99 (§ 4-16 of the 1996 Revised General Ordinances), as amended through Ord. No. 1999-8; amended in its entirety 3-17-2009]
The following terms shall have the following definitions:
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling, including, but not limited to, glass, aluminum, tin (bimetal) and plastic containers (coded No. 1 and No. 2).
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Hudson County District Solid Waste Management Plan to be source-separated for the purpose of recycling. These materials include aluminum, tin and steel; corrugated cardboard; glass containers; grass and brush; household batteries; leaves; masonry (asphalt, brick, block and concrete); mixed paper; motor oil; motor oil filters; newspaper; office paper; plastic containers (coded No. 1 and No. 2); tires; vehicle batteries; white goods; and wood.
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 televisions and cell phones.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes (See N.J.S.A. 13:1E-99.13a.), except 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.).
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the City of Union City.
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.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
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.
A. 
Mandatory source separation. It shall be mandatory of all persons who are owners, tenants, or occupants of residential and nonresidential premises located within the City of Union City 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.
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 this article, 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, at least on an annual basis, said recycling service provider 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 materials shall be in the manner prescribed as follows:
A. 
All receptacles 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 8:00 p.m. of the day immediately preceding the day of collection. After collection, any receptacles or containers shall be removed from the curbside by no later than 11:00 a.m. of the day of collection.
B. 
Containers or receptacles shall not exceed 15 pounds. Residents shall write their house numbers and addresses on each container and receptacle.
C. 
All receptacles or dumpsters shall be maintained in accordance with the Health Code of the City.
D. 
No person, entity or institution shall place any material for pickup at curbside except for plastic containers (coded No. 1 and No. 2), glass, aluminum, and tin (bimetal), newspapers, mixed paper and cardboard.
E. 
Newspapers, books, magazines, flyers, phone books or junk mail shall be secured, bundled and placed in separate containers and left at the curb.
F. 
Cardboard shall be separately bundled in the same manner as newspapers and placed at the curb.
The owner of any property shall be responsible for compliance with this article. For multifamily/high-rise housing developments, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials. Violations and penalty notices will be directed to the owner or management. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
[Amended 5-21-2013; 12-16-2014]
A. 
All commercial, business or industrial facilities shall be required to comply with the provisions of this article concerning collection of solid waste and recyclable materials, except that the collection times for both solid waste and recyclable materials is 12:00 a.m. to 7:00 a.m. Solid waste and recyclable material pick-up shall be completed City-wide no later than 7:00 a.m.
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. All commercial, institutional, or industrial properties which provide outdoor 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 Municipal 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 shall, in addition to compliance with all other recycling requirements, be required to recycle grease created in the processing of food or food products and maintain such records as may be prescribed for inspection by any Code Enforcement Officer.
Any application to the Planning Board or the Board of Adjustment of the City of Union City for subdivision or site plan approval for the construction of multifamily dwellings of three 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:
A. 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
B. 
Locations documented on the applicant's site plan that provide for convenient recycling opportunities for all owners, tenants and occupants.
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 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.
The Code Enforcement Official, the Department of Health, the Health Officer, the Recycling Coordinator, the Property Maintenance Official, the Housing Officer, Hudson Regional Health Commission and the Hudson County Improvement Authority are hereby individually and severally empowered to enforce the provisions of this article. The respective enforcing official may, in his or her discretion, post warning notice stickers for a first-time offense. 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.
[Amended 6-7-2017]
Any person, corporation, occupant or other entity that violates or fails to comply with any provision of this article or any of the rules and regulations promulgated hereunder shall be subject to a fine of $150*. Each day a violation of this article occurs shall be considered a separate offense.
*Court appearance required.