As used in this chapter, the following terms shall have the
meanings indicated:
ANNUAL RECYCLING CALENDAR
Educational and enforcement brochure produced by the certified
recycling professional annually and distributed by the Department
of Neighborhood Services to all residential, commercial and institutional
sectors.
BATTERIES, HOUSEHOLD
Single-use dry cell batteries such as type AAA, AA, C, D,
nine-volt and button cell.
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).
CHURCH(ES)
For purposes of this chapter, churches are treated as multifamily
dwellings.
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).
COMPUTER AND ELECTRONICS
Telephones, fax machines, scanners, televisions, modems,
computers (monitors, hard drives), etc.
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,
toasters, 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
five or more dwelling units are not owner-occupied and are rented
or leased, or offered for rental or lease, for residential purposes
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).
RESIDENTIAL MIXED PAPER
Newspapers, junk mail, office paper, envelopes, notebook
paper, computer paper, shredded paper documents, etc.
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,
washing machines, dryers, toaster ovens, or toasters, etc. (picked
up on metal day by appointment).
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 DPW 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. A failure to submit a recycling system to the Director of DPW and/or the certified recycling professional constitutes a violation of this provision of the part and shall result in the penalty in §
535-17 of this chapter.
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).
A. 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:
(1) A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
(2) Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and other attributes (signage, lighting, fencing, etc.),
as may be determined by the certified recycling professional.
B. 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.
C. Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Director of Public
Works or Municipal Engineer or designated agent.
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 no way 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.
[Amended 2-14-2023 by Ord. No. MC 3815]
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 DPW 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 DPW. 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 plastic or metal receptacles
(garbage bags are prohibited) as herein prescribed, in which the occupant
shall place and keep solid waste separate from the recycling materials.
Commingling of solid waste and recyclables is strictly prohibited.
(2) The property owner/occupant of property shall place in each plastic
or metal receptacle (garbage bags are prohibited) for solid waste
and recycling no more material than it can properly hold without spilling.
Property owners are expressly prohibited from allowing so much garbage
in a single receptacle that prevents the attached garbage lid from
fully closing, without gap or space.
(3) All plastic or metal receptacles (garbage bags are prohibited) 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 plastic or metal receptacles (garbage bags are prohibited) 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 plastic or metal receptacles (garbage
bags are prohibited) shall be placed in the rear yard of property
with an attached lid and in the proper receptacle.
(6) When placed at the curb for collection corrugated/cardboard boxes
and cartons shall be flattened and securely bundled/tied. Unbundled/untied
corrugated/cardboard boxes and cartons placed at the curb are prohibited.
Said Director of DPW 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.
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 to DPW quarterly reports
as to the volume of materials (tonnage) collected by such organization.
Those reports will be utilized by DPW 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.
Any person violating any of the provisions of this chapter where
the penalty is not specifically enumerated in the respective section
shall, upon conviction thereof, be subject to a minimum penalty of
$250 but not exceeding $1,000, with each day the condition exists
being a separate violation subject to this penalty, or to imprisonment
for a period not exceeding 90 days or a period of community service
not exceeding 90 days. In default of the payment of any penalty imposed
hereby, the person so convicted may be imprisoned in the county jail
or place of detention provided by the municipality for any term not
exceeding 90 days or be required to perform community service for
a period not exceeding 90 days.