Township of Irvington, NJ
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Township of Irvington 12-29-2009 by Ord. No. MC 3412 (Ch. 150 of the 1981 Revised Code). Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 355.
Junk dealers — See Ch. 360.
Littering — See Ch. 380.
Property maintenance — See Ch. 460.
As used in this chapter, the following terms shall have the meanings indicated:
ALUMINUM BEVERAGE CONTAINERS, ALUMINUM FOIL and ALUMINUM FOOD CONTAINERS
Beverage containers constructed entirely (top, bottom and sides) from aluminum material and also used, but clean, wrapping material, pans and plates constructed of aluminum (commingled residential pickup).
ANNUAL RECYCLING CALENDAR
Educational and enforcement brochure produced by the certified recycling professional annually and distributed by the Department of Public Works to all residential, commercial and institutional sectors.[1]
AUTOMOBILE LEAD ACID BATTERIES
Used batteries from automobiles, trucks and other vehicles.
AUTOMOTIVE SCRAP METAL
Scrap automotive vehicles and/or parts.
BATTERIES, HOUSEHOLD
Single-use dry cell batteries such as type AAA, AA, C, D, nine-volt and button cell.
BATTERIES, RECHARGEABLE
Batteries used with rechargeable units.
BOOKS
Soft cover, paperback books, hardcover books, yellow pages and phone books (included in mixed residential paper pickup).
BRUSH
Tree and shrub branches which have been removed from residential properties and are free from roots, stumps and other contaminants.
BULK MATERIAL
Scheduled pickup for second garbage day; material consists of furniture (nonmetal), rugs (cut/tied), toys (in plastic bags).
CATALOG
Included in mixed residential paper pickup.
CERTIFIED RECYCLING PROFESSIONAL
Municipal certified recycling professional having graduated from the Rutgers Certified Recycling Course and having met the New Jersey State Requirements for the civil service position.
CHIPBOARD
Gray cardboard, including cereal boxes, gift boxes, cracker and cookie boxes, thin grocery boxes, shoe boxes, notepad backing, oatmeal boxes, fruit snack boxes, etc. (included in mixed residential paper pickup).
COMMINGLED CONTAINERS
Clear, brown and green glass beverage containers in addition to aluminum tin and metal containers and plastic which bears code marking Nos. 1 and 2 (commingled residential pickup).
COMPUTERS AND ELECTRONICS
Telephones, fax machines, scanners, televisions, modems, computers (monitors, hard drives) etc.
CONSTRUCTION AND DEMOLITION DEBRIS
Recyclable materials, including but not limited to concrete, asphalt, roof shingles, brick, block, wood waste, tree stumps and tires.
CORRUGATED CONTAINERS/CORRUGATED CARDBOARD CONTAINERS
Includes all disposable containers made and fabricated primarily of corrugated cardboard most commonly used for boxes, shipping containers and packing materials, having exterior cardboard piles separated by air spaces created by one or more ridged and grooved cardboard piles, i.e., oatmeal container, grits container, cardboard boxes (flattened and tied), delivery boxes (flattened and tied) (mixed residential paper pickup).
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Township of Irvington, Essex County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include: commingled items, HDPE plastic containers, PET containers, commingled containers (brown, clear and green beverage containers), aluminum containers, automobile lead acid batteries, batteries, household and rechargeable, residential mixed paper (books, catalogs, magazines, cardboard, chipboard, shredded paper), leaves, brush, electronics (computers, monitors, televisions, phones, printers, fax, copiers, etc.), automotive scrap, motor oil, white goods (metal appliances, refrigerators, freezers, toaster, ovens, washers dryers etc.).
HAZARDOUS WASTE
Any waste substances required to be reported to the Department of Environmental Protection on the special waste manifest pursuant to N.J.A.C. 7:26-8.
HDPE PLASTIC CONTAINERS
Those plastic containers which are most commonly used as milk containers and detergent containers (included in mixed residential commingled pickup). Said containers shall be rinsed and kept separate from the household solid waste.
LEAVES
Yearlong and during leaf season.
MULTIFAMILY DWELLING
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 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 municipality of Township of Irvington.
PET PLASTIC CONTAINERS
Those plastic containers which are most commonly used as soda bottles (included in residential commingled pickup). Said containers shall be rinsed and kept separate from the household solid waste.
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.
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.
RESIDENTIAL MIXED PAPER
Newspapers, junk mail, office paper, envelopes, notebook paper, computer paper, shredded paper documents, etc.
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.
USED MOTOR OIL
Oil removed from automobiles and powered equipment requiring oil.
WHITE GOODS
Any metal appliance, i.e., refrigerators, microwaves, stoves, washer machines, dryers, toaster ovens, or toasters, etc. (picked up on metal day by appointment).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The municipal service of collection and disposal of solid waste and recycling hereunder shall be limited to curbside collection along public streets and roads that have been dedicated to and accepted by the Township of Irvington.
B. 
The municipal service of collection and disposal of solid waste hereunder shall not extend entry upon private property to remove solid waste and recycling from dumpsters or other containers.
C. 
Multi-unit dwellings must meet the prescribed requirements set forth by the Township of Irvington for collection of solid waste and recycling. Each multi-unit dwelling must be able to place a three-cubic yard dumpster at the curb for collection without the obstruction of the sidewalk for pedestrian usage after 6:00 p.m. the evening prior to collection. All multi-unit dwellings must have a separate container/dumpster designated for recycling material only. If the property owners of said multi-unit dwellings are unable to meet the requirements for the removal of solid waste and recycling according to the established municipal curbside collection program, a private contracting service must be established by the property owner for solid waste and recycling services, at the owner's expense. At the end of the year, all recycling tonnage reports must be submitted to the Director of Public Works or certified recycling professional for state documentation purposes according to the state and county regulations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
All commercial and industrial sectors are not exempt from recycling as it is mandated by the State of New Jersey, adopted by the County of Essex and the Township of Irvington. All commercial and industrial sectors must include recycling in their solid waste contracts and must provide the certified recycling professional with annual recycling tonnage reports for state documentation purposes according to the state and county regulations.
The owner of any property shall be responsible for compliance with this chapter. 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 for regulations established by the Director of Public Works and the certified recycling professional. Violation 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
New developments of multifamily residential units or commercial, institutional or industrial properties (pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c).
(1) 
Any application to the Planning Board of the municipality of the Township of Irvington 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:
(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 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 other attributes (signage, lighting, fencing, etc.) as may be determined by the certified recycling professional.
(2) 
Prior to the issuance of a certificate of occupancy by the Township of Irvington, 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 Township of Irvington does not otherwise provide this service.
(3) 
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 or Municipal Engineer or designated agent.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
An annual recycling calendar is provided to each resident and property owner and should be followed as it is written.
B. 
On or after the date fixed and promulgated by the certified recycling professional, it shall be mandatory for all persons, residential, industrial and commercial sectors to separate the recyclable materials as designated by the Township of Irvington for separate collection from all other solid waste produced in or disposed of by such residents or nonresidential premises.
C. 
On the dates and in the manner set forth in the regulations promulgated hereunder, the recyclable materials shall be placed at the curbside for collection by the Township of Irvington's recycling contractor.
D. 
The Township of Irvington will not collect solid waste from any occupant or owner who includes newspapers, commingled material, leaves, hazardous waste, construction and demolition debris, computer or electronics, cardboard, yard waste, brush or tree parts or any of the aforementioned designated recyclable materials.
E. 
The certified recycling professional, Director of Public Works and Municipal Council, may, in accordance with its statutory authority, negotiate and enter into franchises or agreements with qualified persons to make collection of one or more of said recyclable materials and for the sale or disposition of said recyclable materials for the resultant benefit of the municipality.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Designation of recyclable materials.
(1) 
Leaf season is from September 1 through December 31. Residents may no longer place their leaves at the curbside. All leaves are to be placed in a brown recyclable bag without debris or other yard waste during the leaf season. Leaves are to be placed at the curb in brown recyclable bags after 6:00 p.m. the evening prior to street cleaning. Failure to comply with the regulations set forth will result in fines and penalties.
(2) 
Spring yard cleanup. Branches, bushels and twigs must be tied and bundled and placed at the curb for collection after an appointment is made with the Department of Public Works (973) 399-6690. Leaves, weeds, flowers, and some grass may be commingled in the brown recycling bags and brought to 406 Coit Street during the hours of 7:30 a.m. to 3:00 p.m., Monday through Friday for dropoff unless other arrangements for said materials are made available by the Township of Irvington, at which time, residents will be notified of those arrangements.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Hazardous waste material. This material is not collected at the 406 Coit Street dropoff location due to its complexity in nature; however, the County of Essex provides two hazardous waste days for all residents within Essex County during the year. Dates are advertised on the annual recycling calendar, the Township website. Flyers are available in the Municipal Town Hall and the County of Essex mails out to all residents as the date approaches.
(4) 
Tire collection. Tires are not collected at the curbside; however, a minimum amount of four tires per household per year may be brought to 406 Coit Street during the hours of 7:30 a.m. to 3:00 p.m., Monday through Friday, or to any used tire location for disposal. Illegal dumping of said material will result in fines.
(5) 
Computer and electronic are no longer considered bulk. All material must be brought to 406 Coit Street during the hours of 7:30 a.m. to 3:00 p.m., Monday through Friday.
(6) 
Household batteries must be recycled. You may bring them to 406 Coit Street (or other designated located) during the hours of 7:30 a.m. to 3:00 p.m. Monday through Friday.
(7) 
Automotive batteries must be recycled. You may bring them to 406 Coit Street during the hours of 7:30 a.m. to 3:30 p.m., Monday through Friday, or they can be dropped off/exchanged at any Auto Zone or auto repair shop or dropped off at the Essex County hazardous waste dropoff site at the designated dates.
(8) 
Automotive scrap metal must be recycled. Municipal automotives/equipment that are obsolete and/or have been either confiscated or in forfeiture must be recycled. All funds are to be reimbursed to the Municipal Recycling Fund. Recycling said material not only generates funding, it also generates tonnage for the municipal recycling tonnage grant. All residential and commercial/industry automotives must be recycled. The Township does not recycle said material. Residents must go to a metal scrap facility, declare the Township as Irvington and receive their refund. By declaring the Township in which you reside, you are increasing the tonnage for Irvington. The Township does not incur any costs or receive any refunds for the scrap; we do however benefit from the tonnage reported.
(9) 
Motor oil must be recycled. You may drop off at 406 Coit Street in a secure container, no more than eight quarts, or it may be brought to any auto repair shop or at the Essex County hazardous waste dropoff site on the designated dates.
(10) 
Commingled items must be recycled. All residential properties must utilize the municipal curbside recycling program. All multi-unit dwellings must either comply with the prescribed regulations according to the municipal curbside recycling program or provide a private contractor for the removal of both solid waste and recycling materials under the New Jersey State Recycling Source Separation Act that has been adopted by the County of Essex and the Township of Irvington at their own cost. All annual recycling tonnage reports must be forwarded to the Director of Public Works, certified recycling professional or designee for state documentation purposes according to the state and County of Essex regulations.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(11) 
Mixed residential paper must be recycled. All residential properties must utilize the municipal curbside recycling program. All multi-unit dwellings must either comply with the prescribed regulations according to the municipal curbside recycling program or provide a private contractor for the removal of both solid waste and recycling materials under the New Jersey State Recycling Source Separation Act that has been adopted by the County of Essex and the Township of Irvington at their own cost. All annual recycling tonnage reports must be forwarded to the Director of Public Works, certified recycling professional or designee for state documentation purposes according to the state and County of Essex regulations.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(12) 
White goods must be recycled. All residential properties must utilize the municipal curbside recycling program by appointment only. Metal day is every Thursday; contact the Department of Public Works during Monday through Wednesday morning for an appointment at (973) 399-6690. All multi-unit dwellings must either comply with the prescribed regulations according to the municipal curbside recycling program or provide a private contractor for the removal of both solid waste and recycling materials under the New Jersey State Recycling Source Separation Act[5] that has been adopted by the County of Essex and the Township of Irvington. White goods may be dropped off at the 406 Coit Street dropoff center during the hours of 7:30 p.m. to 3:30 p.m. Monday through Friday. All annual recycling tonnage reports must be forwarded to the Director of Public Works, certified recycling professional or designee for state documentation purposes according to the state and County of Essex regulations.[6]
[5]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Prohibition of the collection of solid waste mixed with recyclable materials.
(1) 
It shall be unlawful for solid waste contractors 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 or some other device indicating that the load of solid waste contains designated recyclable materials.
(2) 
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 chapter and local sanitary code.
(3) 
Once placed in the location identified by this chapter, or any rules or regulations promulgated pursuant to this chapter, no person, other than those authorized by the Township of Irvington, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
H. 
Enforcement.
(1) 
All code enforcement officials within the Department of Public Works, the Director of Public Works, and the certified recycling professional are hereby individually and severally empowered to enforce the provisions of this section. 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.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Violations and penalties.
(a) 
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine of not less than $250, nor more than $1,000. Each day for which a violation of this section occurs shall be considered a separate offense.
(b) 
Fines levied and collected pursuant to this section shall be immediately deposited into the Municipal Recycling Trust Fund. Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the Municipal Recycling Program, including the salary for the Certified Recycling Professional and all educational opportunities for higher education of said Professional pertaining to recycling and environmental education, implementation of recycling programs, management of municipal drop off site, e-waste events, enforcement of local recycling ordinances, and recycling containers according to the state requirements.
A. 
A debris recovery plan shall be filed with the Director of Public Works, certified recycling professional or designee prior to the commencement of any activity for which municipal approval is required as 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Review of debris recovery plan.
(1) 
Approval. A debris recovery plan shall be reviewed by the certified recycling professional and approved if it provides for all of the information required by this chapter. An approved debris recovery plan shall be marked "Approved" and returned to the owner of the entity which submitted the plan.
(2) 
Denial. A debris recovery plan shall not be approved if it does not provide all of the information required by this chapter. 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 Director of Public Works, certified recycling professional or designee.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Diversion requirement adjustment.
(1) 
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 chapter, 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.
(2) 
Review. The Director of Public Works, certified recycling professional or designee shall review the information supplied by the owner. If warranted the Director of Public Works, certified recycling professional or designee shall attempt to contact the owner to discuss possible ways of meeting the diversion requirement.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Granting of an adjustment. If the Director of Public Works, certified recycling professional or designee determines that is infeasible for the entity carrying out a covered project to divert 50% of the generated construction and demolition debris from the covered project, the percent of diversion required shall be adjusted.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Denial of adjustment. If the Director of Public Works, certified recycling professional or designee determines that it is feasible for the owner of an entity carrying out a covered project to meet the diversion requirement cited in this chapter, the owner shall be notified in writing of the denial of the diversion requirement adjustment.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Debris recovery plan report requirements; 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 certified recycling professional, the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
(1) 
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;
(2) 
Receipts from all facilities or service providers utilized to divert and dispose of materials generated during the covered project; and
(3) 
Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.
E. 
Compliance with diversion requirement.[6]
(1) 
The Director of Public Works, certified recycling professional or designee shall review the information submitted pursuant to this chapter 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.
(2) 
Appeal. An owner of the entity carrying out the covered project may appeal a determination of failure to comply under this chapter to the municipality 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 Department of Public Works shall be final.
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Enforcement. The Code Enforcement Official, the Public Safety Department, the Department of Health, the certified recycling professional and the Department of Public Works are hereby individually and severally empowered to enforce the provisions of this section. The respective enforcing official may, in his or her discretion, post warning stickers for a first offense. An inspection may consist of dumping and opening of solid waste bags of containers to detect, by sound or sight, the presence of any recyclable material.
[Amended 10-14-2015 by Ord. No. MC 3553[7]]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Violations and penalties. Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine of not less than $250, nor more than $1,000.
A. 
The Township of Irvington has adopted the Irvington Board of Education in the municipal curbside recycling program. All material belongs to the Township of Irvington and must be placed out for collection according to the Township recycling requirements. Failure to comply will result in fines from both the Municipal Enforcement Team and the County of Essex Health Authority (CEHA).
B. 
All schools within the district must have a recycling program set in place for the proper source separation of solid waste and recycling materials. All recycling programs must have an educational component set in place in accordance with the Township of Irvington's Three E Equation: Education + Enforcement=Effectiveness, and the four R s of recycling: Reduce waste, Reuse products, Recycle products and Rethinking choices-choosing to develop a sustainable lifestyle.
C. 
Leaf and other recycling materials must be recycled, and it is the responsibility of the Irvington Board of Education to properly discard said materials. All annual recycling tonnage reports must be forwarded to the Director of Public Works, certified recycling professional or designee for state documentation purposes according to the state and County of Essex regulations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The Irvington Board of Education must participate in the Township of Irvington's Keep Irvington Beautiful programming to further educate and implement an aesthetically clean environment for the children which they serve in this community.
A. 
All businesses operating within the Township of Irvington must recycle and are subject to fines from the municipal enforcement team and the County of Essex Health Authority (CEHA).
B. 
All businesses operating within the Township of Irvington must provide private solid waste removal and recycling removal.
C. 
It is a known fact that small businesses, i.e., nail salons, hair braiding salons, unisex shops, and barbershops, generate an abundant amount of commingled HDPE and PET material. They are adopted under the Township of Irvington's recycling program to generate recycling tonnage. However, all commingled material must be brought to the 406 Coit Street dropoff site during the hours of 7:00 a.m. to 3:30 p.m. only after contacting the certified recycling professional for approval (973) 399-6697. The Township will not collect at the curbside, and failure to recycle will result in fines.
D. 
All businesses operating within the Township of Irvington must support the Keep Irvington Beautiful Pledge and programming to ensure an aesthetically appealing community for the residents and visitors which they serve.
E. 
All materials for both solid waste and recycling for commercial businesses shall not be placed at the curb earlier than 6:00 a.m. the morning of the collection. There shall be no solid waste and/or recyclable materials from a commercial business placed on curbside overnight. Solid waste and recyclable materials shall be placed at curbside between the hours of 6:00 a.m. and 8:00 a.m.
[Added 6-26-2012 by Ord. No. MC 3467]
The Township of Irvington is hereby authorized to award a contract for the removal and transporting of recycling material for a term not exceeding five years or any part thereof upon competitive bidding to the lowest responsible bidder who complies with the regulations respecting the bidding and who furnishes a contractor's surety bond conditioned for the faithful performance of the obligations of the contract. Said bond shall be for each year for which the contract is awarded in a sum equal to the quotient obtained by dividing the amount of the contract by the number of years of the contract, plus 25% of said quotient. Any contract awarded pursuant to this section shall in nowise be constructed to afford any exclusive privileges to said contractor with reference to private waste contracts in said municipality.
A. 
The collection and/or disposal and transporting of solid waste and recycling shall comply with all rules and regulations of the local Health Department, disposal site and laws of the State of New Jersey, particularly with the rules of the Bureau of Solid Waste Management of the New Jersey Department of Environmental Protection relating to registration, collection, haulage and dumping and the rules and regulations of the Board of Public Utilities.
B. 
The municipal service of collection and disposal of solid waste and recycling hereunder shall not extend to entry upon private property to remove solid waste and/or recycling from dumpsters or other containers.
C. 
There shall be no reimbursement from municipal funds to those property owners who do not receive the municipal service of collection and disposal of solid waste and/or recycling.
A. 
There is hereby established a program for the separate collection of newspapers, glass containers, aluminum cans, bimetal cans, PET plastic containers, HDPE plastic containers, corrugated cardboard, mixed paper, computers and electronics, leaves, brush, white goods, used motor oil and batteries from the residences of the Township of Irvington for recycling purposes. Such collections shall be made weekly according to a schedule of residences and dates to be publicly advertised by the Township of Irvington. Such collection shall be made under the direction of the Director of Public Works and the supervision of the certified recycling professional.
B. 
Responsibility of occupants, property owner and residents. The owner of any property shall be responsible for compliance with this chapter. 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 Department of Public Works. 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.
(1) 
The property owner of each property in the Township of Irvington in the County of Essex shall provide suitable receptacles as herein prescribed, in which the occupant shall place and keep solid waste separate from the recycling materials in not more than two containers per dwelling unit.
(2) 
The property owner/occupant of property shall place in each receptacle for solid waste and recycling no more material than it can properly hold without spilling.
(3) 
All receptacles for solid waste and recycling shall be so prepared, covered, handled and set by the occupant or other person that the contents shall be secure and shall not spill or leak on the sidewalk or elsewhere.
(4) 
All material for both solid waste and recycling shall not be placed at the curb earlier than 6:00 p.m. the evening prior to collection and shall not be put out the morning of the collection, with consideration that collection times vary and are not mandated to start, after 9:00 a.m. (may start as early as 6:00 a.m.).
(5) 
Solid waste and recycling shall not be stored at the front or side of residential, business, commercial or institutional property. Storage of solid waste and recycling shall be placed in the rear yard of property with a lid and in the proper receptacle.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
All containers shall be of the roll-out style with an attached lid. The container shall be properly sized and qualify as to durability, ease of handling, and weather resistance. Each container is expected to be approximately 64 gallons.
B. 
Any solid single piece of solid waste (bulk material/furniture) may be placed at the curb on the scheduled second garbage day, provided the piece does not weigh more than 50 pounds and is not more than four feet in length and can be handled by one man.
C. 
The occupant/property owner shall keep all receptacles for both solid waste and recycling clean and in a proper condition for safe handling. Containers with holes and tears may not be used.
D. 
All receptacles or dumpsters shall be maintained in accordance with the Health Code of the Township of Irvington.
E. 
In buildings in which two or more families reside, each family shall suitably mark its own receptacles so as to render the receptacles identifiable.
F. 
In multi-unit dwellings the solid waste and recycling must be placed at the curbside in three cubic yard dumpsters not blocking the sidewalk.
Said Director of the Department of Public Works and the certified recycling professional are hereby authorized and directed to establish and promulgate regulations as to the manner, days and times of such collections and the bundling, handling, location and time of placement of all materials for collection.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
From the time of placement at the curb by any resident of any designated recyclable material placed at the curb for collection by the Township of Irvington's authorized agent, pursuant to a program established hereby and the rules and regulations issued hereunder, such materials shall become the property of the Township of Irvington, and it shall be considered a violation of this chapter for any person other than the authorized personnel of the contractor to collect, pick up or cause to be collected or picked up such materials. Each such collection in violation hereof from one or more residences during said period shall be considered a separate and distinct offense.
Any resident may donate or sell used newspapers, glass containers, aluminum cans, bimetal cans, PET plastic containers, HDPE plastic containers, corrugated cardboard boxes, mixed papers or used motor oil to any person, firm, partnership or corporation, whether operating for profit or not. Said person, partnership, firm or corporation may not, under any circumstances, pick up said materials from the curbside of the Township of Irvington.
Any resident/property owner who renovates, decorates and/or demolishes his/her property must obtain a contractor who will properly dispose of any recyclable material, including but not limited to concrete, asphalt, roof shingles, brick, block, wood waste (doors, fences, etc.) tree stumps, etc. The contractor/hauler must report his/her tonnage reports to the New Jersey State of Environmental Protection, County of Essex, and the municipal certified recycling professional in the Township of Irvington at the beginning of the year, prior to April 15.
Any private organization collecting recyclable materials, as set forth in this chapter, shall provide the Township of Irvington quarterly reports as to the volume of materials (tonnage) collected by such organization. Those reports will be utilized by the Township of Irvington for grant funds and other credits which may be authorized by the State of New Jersey, Department of Environmental Protection, pursuant to the provisions of the New Jersey Recycling Act, N.J.S.A. 13:1E-92 et seq. or any other statutes or administrative rules and regulations.
[Amended 1-26-2016 by Ord. No. MC 3563[1]]
A. 
Except as otherwise provided in this chapter, the penalties for violations of this chapter are as follows:
Section
Short Description
1st Offense
2nd Offense
3rd Offense
4th Offense Maximum Fine; Court Appearance Required
Keep solid waste separate from recycling materials in not more than 2 containers per dwelling unit
$50
$250
$500
$750
Property owner/operator/ tenant provide and/or utilize approved leakproof containers for storage of solid waste materials
$50
$250
$500
$750
Corrugated or cardboard boxes/cartons/ containers shall be flattened and securely bundled/tied/and placed at curb for collection on recycling collection days
$100
$250
$500
$750
Allowing commingled materials (i.e., glass beverage containers, milk/detergent containers, etc.) to spill/leak on sidewalk or elsewhere
$50
$250
$500
$750
Property owner or occupant of property shall place in each receptacle for solid waste/recycling no more material than it can properly hold without spilling
$50
$250
$500
$750
Failure to secure receptacle allowing garbage (solid waste) to spill/leak on sidewalk or elsewhere
$50
$250
$500
$750
Placing trash out early (before 6:00 p.m.)
$50
$250
$500
$750
Storage of solid waste/recycling shall be placed in rear yard of property with a lid and in proper receptacles
$50
$250
$500
$750
No more than 2 pieces of bulk can be placed at the curb per property for pick up (scheduled 2nd garbage day)
(must not weigh more than 50 pounds and not be more than 4 feet in length and can be handled by 1 man)
$50
$250
$500
$750
B. 
Any person violating any other provisions of this chapter shall, upon conviction thereof, be subject to the penalty set forth in Chapter 1, Article III, Penalties, of the Township Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).