[Adopted 11-12-1991 by Ord. No. 1,032 as Ch. 181 of the 1991 Code; amended
in its entirety 9-21-2009 by Ord. No. 14-09, effective 10-11-2009]
The purpose of this article is to foster and promote the interests
on the public health and safety by establishing the means and procedures
of recycling designated materials in the Borough of Lincoln Park.
The Borough of Lincoln Park does hereby accept the state policy directive
of achieving at least a fifty-percent recycling rate of municipal
solid waste by 2015. The Borough shall monitor its level of recycling
and solid waste disposal and strive to achieve the recycling of 50%
of the municipal solid waste generated within its borders.
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Lincoln Park, the Mayor and governing body
of Lincoln Park, or their designees.
Any garbage, refuse, rubbish and trash resulting or originating
from any commercial user, premises or activity.
Any nonresidential building use or establishment, including
but not limited to those used for retail, wholesale, dining, office,
professional, shipping and receiving, mechanical, manufacturing and
cafeteria purposes.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Morris County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include:
ALUMINUM CANSCans made from aluminum that was manufactured to hold a serving of beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.
CORRUGATED CARDBOARDShipping containers made with a Kraft paper linerboard and corrugated medium.
GLASS BOTTLES AND JARSBottles and jars made from glass, including clear, brown and green glass. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. A jar is defined as a wide-mouthed container that can be capped. Caps and lids are not included. Specifically omitted from this definition are drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex or ceramic.
MIXED PAPERVarious categories of recyclable paper, including but not limited to white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogues, envelopes, and soft-cover books.
NEWSPAPERA publication containing news, information and advertising, usually printed on low-cost paper called newsprint. Newspaper may include glossy inserts which come with the paper.
OIL-CONTAMINATED SOILNonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, No. 4 and No. 6 heating oils and certain other refinery products including coal tar). This type of soil shall be determined to be nonhazardous in accordance with the standards set forth in N.J.A.C. 7:26.
PLASTIC BOTTLES (CODED 1 AND 2)Plastic bottles coded to indicate that they are comprised of the specific types of plastic compounds (polymers) known as polyethylene terephthalate (PETE) or high-density polyethylene (HPDE). A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. Caps and lids are not included. Any item made of plastic that is not a bottle is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc., should not be recycled.
STEEL (TIN) CANSAn air-tight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
LEAVESVegetative materials, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.
GRASS CLIPPINGSVegetative material generated when grass (lawns) is cut.
BRUSHBranches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
NATURAL WOOD WASTELogs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
USED MOTOR OILMotor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
LEAD-ACID BATTERIESStorage batteries in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. These include starting batteries such as car batteries that deliver a short burst of high power to start the engine. In addition, they may include deep cell batteries found on boats or campers used to power accessories like trolling motors, winches or lights.
HAZARDOUS DRY CELL BATTERIESRechargeable batteries, such as nickel-cadmium, nickel-iron, nickel metal hydride, lithium ion, small sealed lead acid, etc. These are often used as substitutes for nonrechargeable batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls, toys, etc. Also included in this definition are nonrechargeable batteries that are hazardous as defined by the Resource Conservation Recovery Act (RCRA),[1] regardless of the RCRA exclusion of household waste from
the definition of hazardous waste pursuant to 40 CFR 261.4(b). Nonrechargeable
hazardous batteries include older alkaline and carbon zinc batteries,
as well as silver oxide, mercury and magnesium button-type batteries,
etc. It should be noted that domestically manufactured alkaline and
carbon zinc nonrechargeable batteries made after circa 1994 eliminated
mercury content to the point that they should not be considered RCRA
hazardous and therefore are not included in this material category.
WHOLE TIRESTires that are whole, not chipped into small pieces. Tires are allowed to be recycled and/or incinerated for energy recovery.
METAL APPLIANCESAppliances composed predominantly of metal, and may include stoves, washing machines and dryers, for example, if the appliance is predominantly metal. Also included are air conditioners, refrigerators and dehumidifiers if they are predominantly metal. If these appliances on the latter list contain refrigerants that are prohibited by the Clean Air Act from being knowingly vented, the refrigerant must be recovered accordingly.
ELECTRONIC WASTE(To be included in those instances where a recycling program has been, or will be, established for these materials. Additionally, the following definition may be changed to reflect individual municipal program requirements.) A computer central processing unit and associated hardware, including keyboard, modem, printers, scanners and fax machines, a cathode ray tube, a cathode ray tube device, flat panel display or similar video display devices 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 animal or vegetable waste solids resulting from the handling,
preparation, cooking or consumption of foods, not including human
waste.
Any person and/or firm engaged in a business of service,
construction, repairing, refurbishing or remodeling of buildings,
the demolition of buildings or the care and maintenance of buildings
or grounds.
Wastes presenting a danger to the health and safety of the
public by reason of their pathological, explosive, radiological or
toxic characteristics.
Any garbage, refuse, rubbish and trash resulting or originating
from any institutional user, premises or activity.
Any building, structure, or complex of buildings in which
three or more dwelling units are owner-occupied or rented or leased,
or offered for rent 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,
N.J.S.A. 55:13A-1 et seq.
The person or persons appointed by the Borough governing
body to fulfill the requirements of the Morris County Solid Waste
Management Plan and the New Jersey Statewide Mandatory Source Separation
and Recycling Act[2] and those rules and regulations promulgated therefor.
The person or persons named by the Borough governing body
who shall fulfill the responsibilities with respect to recycling enforcement
coordination detailed in the March 2007 Morris County Solid Waste
Management Plan Amendment Section 8.6.
All solid waste generated at residential, commercial and
institutional establishments within the municipality of the Borough
of Lincoln Park which is not bulk waste or construction or demolition
debris.
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.
Combustibles such as paper, wood, plastics and yard debris
and noncombustibles such as metal, glass, ceramics and stone.
Any garbage, refuse, rubbish and trash resulting or originating
from any residential user, premises or activity.
Any person who owns, leases and/or occupies any residential
dwelling unit within the Borough of Lincoln Park, including but not
limited to those in multifamily (apartment complexes and condominiums)
and/or single-family buildings.
Any unauthorized or unlicensed person, firm or corporation
that collects, picks up or causes to be collected or picked up any
recyclables placed at the curb or in the Borough Recycling Center.
All metals, except aluminum, including but not limited to
steel, iron, brass and copper, in the form of pipes, appliances, tire
rims or bicycles.
A person or firm engaged in the business of solid waste collection
and/or disposal, properly authorized by the State Department of Environmental
Protection.[3]
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 purpose of recycling.
Bulky materials or other solid waste such as broken concrete,
sod, dirt and building materials not generated by a general contractor
or which cannot be stored in a standard solid waste container but
can be collected by a standard collection vehicle.
A standard watertight vessel designed and constructed for
the storage of garbage, refuse, rubbish and trash made of metal or
plastic with a tight-fitting lid or cover and handles for unloading.
Standard solid waste containers shall not have a volume larger than
32 gallons and shall not weigh more than 50 pounds when placed at
the curb for collection; alternatively, tightly sealed plastic disposal
bags are acceptable, provided that such bags are capable of containing
up to 50 pounds of refuse when lifted.
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, school and other institutional
locations located with the Borough of Lincoln Park, 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. Designated
recyclable materials shall be collected or disposed in a manner and
on such days and times as may be hereinafter established by regulations
promulgated by the Borough of Lincoln Park.
(1)
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, the governing body
of the Borough of Lincoln Park may exempt persons occupying commercial
or institutional premises within its municipal boundaries from the
source separation requirements of this article. To be eligible for
an exemption from 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
forms shall include, at a minimum, the following information: the
name of the commercial or institutional entity; the street address
location and block and lot designation; the name, official title and
phone number of the person making application on behalf of the commercial
or institutional entity; the name, address and 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.
B.
Residential users. The owner of any residential property in the Borough
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 designated recyclable
materials in accordance with this article. 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 thereafter. The designated recyclable materials
stated herein must be separated from other solid waste and must conform
to the following regulations:
(1)
Mixed paper/curbside news. Mixed newspaper or curbside news shall
consist of newspaper, magazines, junk mail, telephone books, paperback
books, corrugated cardboard, chipboard, office paper, school paper
and brown paper bags. Items are to be placed in clearly marked containers
or bundled and deposited at curbside in accordance with the schedule
adopted and advertised by the Borough or deposited at the Borough
Recycling Center.
(2)
Commingled container contents. Acceptable containers include aluminum
cans, steel cans, glass bottles and jars, plastic bottles and the
following plastics:
(a)
Polyvinyl chloride (PVC). Commonly found on plastic pipes, outdoor
furniture, shrink-wrap, water bottles, salad dressings and liquid
detergent containers.
(b)
Low-density polyethylene (LDPE). Commonly found on dry-cleaning
bags, produce bags, trash can liners and food storage containers.
(c)
Polypropylene (PP). Commonly found on packing peanuts, cups,
plastic tableware, meat trays, and take-away food clamshell containers.
(d)
Other. Any plastic other than plastic bottles, PVC, LDPE and
PP. Commonly found on certain kinds of food containers, Tupperware
and Nalgene bottles.
(3)
All containers should be rinsed and flattened if possible. Items
are to be placed in clearly marked containers and deposited at curbside
in accordance with the schedule adopted and advertised by the Borough
or deposited at the Borough Recycling Center.
(4)
Used motor oil shall be placed into clean, watertight containers
with a tight-fitting cap and deposited at the used oil collection
site in the Borough Recycling Center or in any designated commercial
used oil collection site. A maximum of five gallons may be deposited
at any one time.
(5)
Whole tires.
(a)
All tires are to be deposited in the Borough Recycling Center,
except as may be permitted by this subsection.
(b)
Tires generated in the ordinary course of business by commercial
or institutional users will be charged by the Borough Recycling Center
upon payment of a fee per tire to be established by the Borough Administrator.
(c)
All deliveries shall be accompanied by a written certification
from the commercial or institutional user setting forth the authority
of the person making the delivery and further certifying that the
tires were removed from service in the ordinary course of business
in the Borough of Lincoln Park.
(6)
Lead-acid batteries and hazardous dry cell batteries. All lead-acid
batteries and hazardous dry cell batteries are to be deposited in
the Borough Recycling Center.
(7)
Leaves, brush and grass clippings.
[Amended 12-17-2012 by Ord. No. 27-12, effective 1-6-2013]
(a)
Leaves.
[Amended 10-7-2019 by Ord. No. 11-19, effective 10-28-2019; 10-7-2019 by Ord. No.
14-19, effective 10-28-2019]
[1]
Upon request at Borough Hall, the Borough shall provide each property
owner with one bundle of biodegradable leaf bags free of charge annually
or once per calendar year. Thereafter, and in the event a property
owner requires an additional bundle of biodegradable leaf bags, the
property owner shall pay the Borough of Lincoln Park the current market
price (the cost may vary year to year) of the bundle of leaf bags
that the Borough pays its vendor rounded up to the nearest whole dollar.
A property owner shall be limited to purchase one additional bundle
of biodegradable leaf bags. In the event that a property owner requires
additional bags, the property owner shall be obligated to purchase
the bags from an outside source.
[Amended 4-3-2023 by Ord. No. 10-23, effective 4-23-2023]
[2]
The biodegradable leaf bags shall be available for pickup at the
Lincoln Park Department of Finance located at 34 Chapel Hill Road,
Lincoln Park, between the hours of 8:00 a.m. and 4:00 p.m.
(b)
Brush. The Borough of Lincoln Park Department of Public Works
and Utilities and/or a contracted vendor will collect residential
brush and branches during the spring and/or fall of each year in accordance
with an annually advertised schedule. All brush and branches (not
to exceed three inches in diameter) must be cut and tied into manageable
bunches, not to exceed six feet in length, or placed in clearly labeled
garbage barrel(s)/container(s).[1]
(c)
Grass clippings and vegetative waste. The Borough of Lincoln
Park Department of Public Works and Utilities will collect grass and
vegetative waste in either biodegradable brown paper lawn and leaf
bags or in clearly labeled garbage containers not exceeding 50 pounds
in weight. Grass clippings and vegetative waste may also be deposited
by Lincoln Park residents in designated areas of the Borough Recycling
Center any time of the year. Landscapers and other commercial entities
are specifically prohibited from depositing grass clippings, leaves,
brush and other organic waste at the Borough Recycling Center.
(8)
Scrap metal. Metal and metal appliances may be deposited in designated
areas of the Borough Recycling Center or may be picked up by the Borough
through special arrangements with the Recycling Coordinator or his
designee.
(9)
Special materials. All special materials shall not be deposited in
the Borough Recycling Center.
C.
Commercial users.
(1)
All commercial users, whether for profit or nonprofit, and all public and private institutional users shall be required to comply with the provisions of this article. All commercial users shall source separate all designated materials [newspapers, corrugated cardboard, mixed paper, plastic bottles (Coded 1 and 2), used motor oil, glass bottles and jars, aluminum cans, oil-contaminated soil, steel (tin) cans, leaves, brush, natural wood waste, whole tires, lead-acid batteries and hazardous dry cell batteries] for recycling. It shall be the responsibility of the commercial and/or institutional user to establish its own program for the collection, transportation and marketing of the designated recyclable materials. Documentation of the tonnage of materials recycled is to be submitted to the Borough in accordance with § 395-26.
(2)
Recycling program for commercial and/or institutional users can be
arranged with private haulers or vendors. The Borough Recycling Coordinator
or his designee will be available to assist these establishments in
complying with this requirement. It is the responsibility of the commercial
or institutional user to determine and notify the Borough, in writing,
that its hauler, contractor and/or vendor is properly licensed and
insured and, in the case of waste oil haulers, that such haulers have
all necessary New Jersey Department of Environmental Protection permits
and/or licenses.
D.
Multi-generator recycling responsibilities. In the case of residential,
industrial, commercial and institutional multi-generator buildings
and projects, such as apartments, townhouses and condominium associations,
office buildings and shopping centers, the management, waste generator,
and building owners shall be responsible for compliance with this
article.
E.
The hours of operation of the Borough Recycling Center are posted
at the gate to the Recycling Center and shall be published annually
in the official newspaper. No person, firm, corporation or institution
shall be permitted to utilize the Recycling Center except during regularly
scheduled hours of operation.
A.
On or before April 1 of each year, all commercial, institutional
and multifamily residential users not using municipal recycling collection
facilities shall submit to the Borough Recycling Coordinator or his
designee recycling documentation relating to and evidencing the total
amounts of recyclables collected the previous year.
B.
The Municipal Recycling Coordinator or his designee will compile
all recycling documentation and report to the County or State Office
of Recycling.
C.
No person, firm, corporation or institution shall utilize the Borough
Recycling Center without first signing and completing all requisite
forms at the sign-in station.
Any recyclable materials placed at curbside or in the Borough
Recycling Center in accordance with this article are the property
of the Borough of Lincoln Park and/or its authorized agent. No person,
firm, corporation or institution shall collect, pick up or cause to
be collected or picked up any recyclables placed at curbside, unless
authorized to do so by the Borough of Lincoln Park.
A.
Any person, firm, corporation or institution who or which is an owner, lessee or occupant of premises subject to this article may donate or sell recyclable materials to any person, partnership, corporation or organization (whether operating for profit or not for profit), so long as the person, firm, corporation or institution receiving such recyclable materials submits documentation to the Municipal Recycling Coordinator as described in § 395-26.
B.
This article is in no way intended to prohibit the collection of
recyclable materials through recycling drives by charitable organizations
within Lincoln Park. Such organizations may conduct such drives if:
(1)
They are conducted on days other than those designated for collection
by the Borough of Lincoln Park or its designee.
(2)
The organization first secures permission from the Recycling Coordinator
or his designee.
(3)
The organization submits documentation to the Recycling Coordinator
within 30 days after completion of the drive listing the recyclable
material collected, the tonnage and place of disposal.
The Code Enforcement Officer, the Department of Health, the
Recycling Coordinator, the Recycling Enforcement Coordinator and the
Morris County Office of Health Management are hereby individually
and severally empowered to enforce the provisions of this article.
A.
No person, firm, corporation or institution shall combine designated
recyclable materials with other solid waste or fail to separate designated
recyclable materials for recycling.
B.
No solid waste contractor shall be permitted to collect solid waste
that contains visible signs of designated recyclable materials, remove
for disposal those bags and/or containers of solid waste which visibly
display a warning notice, sticker or some other device indicating
that the bag and/or container contains designated recyclable materials
or collect recyclables placed at curbside for recycling pickup unless
authorized to do so by the Borough of Lincoln Park.
C.
It shall be the responsibility of the person, firm, corporation or
institution whose solid waste was not removed, because it contained
recyclables, to properly segregate the uncollected waste for proper
recycling. No person, firm, corporation or institution shall suffer
or permit any such solid waste to remain at curbside longer than 12
hours after the end of the collection day.
D.
All recyclable materials shall be deposited at the Borough Recycling
Center as required herein and separated.
E.
Special materials shall not be accepted at the Borough Recycling
Center.
F.
All persons, firms, corporations or institutions who or which are
the owners, lessors or occupants of any premises within the Borough
of Lincoln Park shall be required to source separate all designated
materials from all other solid waste, in accordance with this article.
G.
Leaves, grass and brush shall be banned from disposal at the transfer
station.
A.
Any person, firm, corporation, occupant, or entity that violates or fails to comply with any provisions of this article or any of the rules and regulations promulgated thereunder shall, upon conviction thereof, be subject to a penalty as provided in § 1-2 of this Code. Fines levied and collected pursuant to the provisions of this section shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Moneys in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.[1]
B.
Each and every day that a violation continues shall constitute a
separate offense.
