[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 3-2-2011 by Ord. No. Z-91.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and litter — See Ch. 110.
[1]
Editor's Note: This ordinance also repealed former Ch.
151, Recycling, adopted 9-7-1988 by Ord. No. P-18, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes shelf-stable and refrigerated cartons made from
paper in the form of paperboard and thin layers of polyethylene (plastic)
used in the storage of food and beverages.
[Added 2-5-2020 by Ord.
No. B-222]
Includes cardboard containers used primarily for the packaging,
boxing and/or transporting of products of any type.
Includes cardboard containers used primarily for the packaging,
boxing and/or transporting of products of any type, and mixed paper.
Cardboard shall be flattened and secured.
[Added 2-5-2020 by Ord.
No. B-222]
For purposes of this chapter, shall include the municipal
corporation, its officers and employees, and any authorized agent.
Includes all public or private business entities, including
but not limited to those manufacturing, retailing and/or service establishments;
food establishments in business for the purpose of consumption, on
or off premises, as well as food distribution and/or processing; and
professional and/or nonprofit or for-profit incorporated entities.
A combining of source-separated recyclable materials, including
metal food and beverage containers, glass food and beverage containers,
aseptic and gable-top food and beverage containers, and plastics (Nos.
1, 2, and 5) for the purpose of recycling. Commingled recycling shall
be empty, clean, and dry.
[Amended 2-5-2020 by Ord.
No. B-222]
A process by which organic materials are recycled into humus
(similar to topsoil).
[Amended 2-5-2020 by Ord.
No. B-222]
Includes all materials designated in the Hudson County District
Solid Waste Management Plan and/or the municipality to be source-separated
from the solid waste stream for the purpose of recycling. These materials
are metal food and beverage containers; cardboard; glass food and
beverage containers; yard waste; leaves; masonry (asphalt, brick,
block and concrete); mixed paper; used motor oil; used motor oil filters;
aseptic and gable-top food and beverage containers; plastics (Nos.
1, 2, and 5); tires; lead acid batteries; white goods; and untreated
wood.
[Amended 2-5-2020 by Ord.
No. B-222]
A separating of commingled recycling from cardboard and paper
recycling for the purposes of curbside recycling collection.
[Added 2-5-2020 by Ord.
No. B-222]
A single residential living space within any one-family,
two-family or multifamily dwelling, whether within an apartment building,
high-rise structure, condominium or cooperative.
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.
Includes all discarded products made of steel, or ferrous
metal, cast iron components.
Includes all bottles and jars made entirely of glass and
used in the storage of food and beverages. Specifically excluded are
blue glass and flat glass commonly known as "window glass," light
bulbs and fixtures, ceramics and china. Flint (clear), amber (brown)
and green glass will be accepted.
Includes all waste as defined in N.J.S.A. 13:1E-38 and 13:1E-51
and N.J.A.C. 7:26-8.1 et seq.
Municipal public works garage located at 256 Observer Highway
with normal business hours Monday through Friday from 9:00 a.m. to
4:00 p.m. and Saturday from 9:00 a.m. to 1:00 p.m.
[Added 2-5-2020 by Ord.
No. B-222]
Storage batteries with lead electrodes that contain dilute
sulfuric acid as the electrolyte, including starting batteries such
as vehicle batteries, marine batteries and deep cell batteries used
to power vehicles or marine accessories such as trolling motors, winches
or lights.
Specifically, foliage from plants and trees only.
Includes all cans, including aluminum, tin, and steel used
in the storage of food and beverages. Specifically excluded are aerosol
cans.
[Amended 2-5-2020 by Ord.
No. B-222]
Includes all newspaper, high-grade paper, bond paper, office
paper, paperback books, school paper, catalogues, telephone books,
"junk mail," magazines, advertisements, nonwhite paper and similar
cellulosic material, shredded or whole.
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 (i) of Section
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 City of
Hoboken.
As defined by the Americans with Disabilities Act,[1] which determination must be verified by a medical physician.
Includes all forms of soft and/or hard plastic (Nos. 1, 2,
and 5). Specifically excluded are plastic films, plastic bags, and
polystyrene.
[Amended 2-5-2020 by Ord.
No. B-222]
Includes all municipal and state government facilities; all
religious, educational and health care facilities; any and all public
and/or private civic organizations; and all nonprofit or for-profit
organizations.
The process by which designated materials, which would otherwise
become solid waste, are separated, collected, processed and returned
to the economic mainstream in the form of raw materials or products.[2]
Any establishment, dwelling or other property within the
City of Hoboken seeking to dispose of solid waste and recyclables
pursuant to this chapter.
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.
Recyclable materials which are separated from solid waste
at the point of generation by the generator thereof for the purposes
of recycling.
All waste crank case oils used with internal combustion engines,
generators, turbines, etc.
Includes household or commercial appliances made of smooth
finished metal, usually painted white or covered with a white metallic
covering, such as refrigerators, stoves, washing machines, dryers
and air conditioners, and other household or commercial appliances.
All large appliances must have all locking doors removed when placed
to the curb for collection. White goods are also known as "metal appliances"
and/or "appliances."
Includes grass clippings, hedge trimmings, Christmas trees,
twigs, sticks, branches and/or shrubbery.
[Amended 2-5-2020 by Ord.
No. B-222]
[Amended 2-5-2020 by Ord.
No. B-222]
Mandatory source separation. It shall be mandatory for all owners, tenants or occupants of dwelling units, except those physically disabled, and all owners, tenants and occupants, except those physically disabled, of business, commercial and/or industrial establishments, and all owners, tenants and occupants, except those physically disabled, of private, public and governmental institutions and facilities to separate the materials listed in § 151-2 from solid waste and to recycle said materials in the following manner:
A.
Curbside collection of designated recyclable materials:
(1)
All sources shall be allowed to place commingled recycling, cardboard
and paper recycling, leaves and yard waste, white goods, and electronic
waste at curbside in a manner and according to a schedule promulgated
and published by the City of Hoboken, no earlier than 9:00 p.m. in
the limited business area and 7:30 p.m. outside of the limited business
area on scheduled collection days.
(2)
Commingled recycling shall be separated from cardboard and paper
recycling, as dual-stream recycling.
(3)
All private recycling receptacles or dumpsters shall be maintained
in accordance with the Health Code of the City of Hoboken. All private
recycling receptacles shall have a lid to prevent designated recyclables
from being contaminated by rainwater or other contaminants.
B.
Dropoff of designated recyclable materials at the Hoboken Recycling
Center: Designated recyclable materials (other than masonry) may be
dropped off at the Hoboken Recycling Center during normal business
hours.
E.
Motor oil and antifreeze: The City of Hoboken will not pick up motor
oil and antifreeze. Used motor oil and antifreeze shall be delivered
to the City of Hoboken Recycling Center or an authorized motor oil
or antifreeze recycling center for recycling.
F.
Lead acid batteries: The City of Hoboken will not pick up lead acid
batteries. Lead acid batteries shall be delivered to the City of Hoboken
Recycling Center or a lead acid battery recycling center for recycling.
G.
Electronic waste:
(1)
Electronic waste shall be placed outside the gate or building on
the curb for collection in accordance with all applicable regulations
on the day(s) to be established by the City of Hoboken or its authorized
agent.
(2)
Electronic waste may also be delivered to the City of Hoboken Recycling
Center or an electronic recycling center for recycling.
H.
Masonry (asphalt, brick, block and concrete). The City of Hoboken
will not accept masonry. Masonry shall be disposed of for recycling
in accordance with applicable state and federal regulations.
I.
Untreated wood. The City of Hoboken will not pick up untreated wood.
Untreated wood shall be delivered to the City of Hoboken Recycling
Center for recycling.
A.
The City of Hoboken may use municipal personnel to collect the recyclable
materials set forth herein at curbside and/or at collection or pickup
site(s), as determined. The City of Hoboken shall have the right to
sell said recyclable materials pursuant to N.J.S.A. 40A: 11-1 et seq.
B.
The City of Hoboken shall have the right to enter into agreements
with qualified persons, partnerships, corporations or other business
entities for the purpose of authorizing to the entity to collect all
said recyclable materials, or any portion thereof, at curbside or
collection or pickup site(s).
C.
The Department of Environmental Services shall, upon receipt of a
completed and approved application, issue permits to any person or
civic, fraternal, nonprofit or for-profit organization and authorize
a dropoff collection point(s) for the aggregation of certain specific
recyclable materials. Issuance of a permit shall not, however, authorize
said person or civic, fraternal, nonprofit or for-profit organization
to pick up or collect said specific recyclable materials from any
curbside or from any designated municipal collection or pickup site(s)
in the City of Hoboken.
D.
The Mayor of the City of Hoboken, with the assistance of the Director
of Environmental Services, is hereby authorized and directed to negotiate
and to enter into contracts for the collection, composting and/or
marketing of designated recyclable materials as may be determined,
or to place same out to bid, if required, by the Local Public Contracts
Law (N.J.S.A. 40A:11-1 et seq.).
[Amended 2-5-2020 by Ord.
No. B-222]
E.
The City of Hoboken may utilize its own personnel to collect designated
recyclable materials, or may contract out the cost of said collection
as may be determined to be in the best interests of the municipality.
[Amended 2-5-2020 by Ord.
No. B-222]
A.
Recyclable material, as defined herein, shall be the property of
the City of Hoboken once placed at the designated collection or pickup
site(s) authorized by the City of Hoboken.
B.
It shall be a violation of this chapter for any person unauthorized
by the City of Hoboken to pick up or cause to be picked up said recyclable
materials as defined herein. Any such collection will be illegal and
in violation hereof and shall constitute a separate and distinct offense,
punishable as hereinafter provided.
C.
The Director of Environmental Services and/or Recycling Coordinator
shall have the authority to issue permits to authorized individuals
and organizations to pick up or cause to be picked up recyclable materials
on designated collection days.
[Amended 2-5-2020 by Ord.
No. B-222]
A.
Anything herein to the contrary notwithstanding, any owner, tenant
or occupant of a dwelling unit, public or private institution, or
commercial or industrial establishment may donate or sell said recyclable
materials, as defined herein, to any person, partnership or corporation
whether or not operating for profit.
B.
Any owner, tenant or occupant of any dwelling unit, public or private
institution, and commercial or industrial establishment within the
City of Hoboken actively participating in a recycling program, which
is not operated by the City of Hoboken, shall submit a yearly verification
of the tonnages and markets of materials recycled.
C.
The yearly verification shall be submitted to the Recycling Coordinator
according to a schedule to be established by the Recycling Coordinator
after inception of this program. Failure to do so may cause the program
to be terminated at the option of the Recycling Coordinator of the
City of Hoboken.
[Amended 2-5-2020 by Ord.
No. B-222]
A.
On and after the adoption of this chapter, the Director of Environmental
Services and/or Recycling Coordinator of the City of Hoboken shall
establish the day(s) and time(s) of collection and the collection
or pickup site(s) designated for the collection of designated recyclable
materials for the purpose of recycling.
B.
Notification of the designated collection or pickup day/days and
the designated collection or pickup site(s) for designated recyclable
materials shall be published in the official newspapers and/or media
sources for a continuous period of not less than six days, at least
10 days prior to the first scheduled collection/pickup date. At the
City's discretion, notification may be made by the mailing of
a newsletter or brochure sent as an attachment to each property owner's
municipal property tax bill, indicating the designated dates and collection
or pickup site(s).
A.
It shall be each property owner's responsibility in the City
of Hoboken to inform all occupants of his or her property of the provisions
of this chapter and the designated collection regulations.
B.
Each property owner in the City of Hoboken shall provide adequate
storage containers with lids (minimum twenty-gallon capacity, but
not to exceed forty-eight-gallon capacity or 50 pounds in weight)
for the storage of commingled recycling and cardboard and paper recycling.
[Amended 2-5-2020 by Ord.
No. B-222]
(1)
All recycling storage containers shall have a lid to prevent designated
recyclables from being contaminated by rainwater or other contaminants.
(2)
Each storage container with a lid for recyclables shall have two
"Hoboken Recycles" decals, one on the container lid and one on the
container side. The City may provide storage containers with the Hoboken
Recycles symbol at the City of Hoboken Recycling Center as an alternative
to this requirement.
(3)
Every property owner shall provide adequate storage containers for
commingled recycling and cardboard and paper recycling; however, as
a minimum, at least eight gallons of storage space shall be provided
for each residential dwelling unit.
(4)
Property owners shall place the storage containers for recyclables
in an area of their property accessible to occupants of the property
to dispose of commingled recycling and cardboard and paper recycling
seven days a week.
(5)
It is the property owner's responsibility to have recyclable
storage containers placed at curbside for collection on the designated
collection day(s) and time(s) only.
C.
For multifamily/high-rise housing developments, the management or property owner is responsible for setting up and maintaining the recycling system, including collection of commingled recycling and cardboard and paper recycling, and placement at curbside for collection on the designated collection day(s) and time(s) only. Violations and penalty notices may be directed to the property owner or registered agent as defined in § 168-29. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
[Amended 2-5-2020 by Ord.
No. B-222]
A.
All commercial establishments 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. All commercial, institutional or industrial properties which provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for commingled recycling and cardboard and paper recycling, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents. The property owner or his or her designee is responsible for setting up and maintaining the recycling system, including collection of commingled recycling and cardboard and paper recycling, and placement at curbside for collection on the designated collection day(s) and time(s) only. Violations and penalty notices may be directed to the property owner or registered agent as defined in § 168-29. The property owner or registered agent as defined in § 168-29 shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
[Amended 2-5-2020 by Ord.
No. B-222]
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 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 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 proscribed, for inspection by any code enforcement
officer.
A.
Any application to the Planning Board of the City of Hoboken, 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:
B.
Prior to the issuance of a certificate of occupancy by the City of
Hoboken, the owner of any new multifamily dwelling or commercial,
institutional or industrial development must supply the Planning Board
of the City of Hoboken with a copy of a duly executed contract with
a hauling company for the purposes of solid waste collection and the
collection of recycling of source-separated recyclable materials.
A.
Any entity that picks up rubbish from any owner, tenant or occupant
of any source within the City of Hoboken is required to separate leaves
for the purpose of composting and designated recyclable materials
for the purpose of recycling.
[Amended 2-5-2020 by Ord.
No. B-222]
B.
The tonnages and markets of these designated materials recycled must
be reported yearly to the Recycling Coordinator.
C.
The yearly verification shall be submitted to the Recycling Coordinator
according to a schedule to be established by the Recycling Coordinator
after inception of this program. Failure to do so may cause the program
to be terminated at the option of the Recycling Coordinator of the
City of Hoboken.
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 property owner or registered agent as defined in § 168-29 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 chapter and the local sanitary code.
[Amended 2-5-2020 by Ord.
No. B-222]
[Amended 2-5-2020 by Ord.
No. B-222]
The Police Division, the Department of Environmental Service's
Sanitation Inspectors and Code Enforcement Officials, the Recycling
Coordinator, the Housing Officer, Hudson Regional Health Commission
and the Hudson County Improvement Authority are hereby authorized
and directed to enforce this chapter and amendments thereto. The respective
enforcing official may, in his or her discretion, post warning notice
stickers, mail notices of violation, or issue summons for any offense,
after sight or sound inspection. 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 2-5-2020 by Ord.
No. B-222]
A.
Any person who shall violate any provision of this chapter shall,
upon conviction or guilty plea, in the Municipal Court of Hoboken
or other court of competent jurisdiction, be punished by a fine of
not less than $250.
B.
Each day's failure to comply with any provision, rule, or order
shall constitute a separate and distinct offense.
