[Added 5-16-1988 by Ord. No. 652]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It is the purpose of this article to comply with the mandatory statewide recycling program, P.L. 1987, c. 102, N.J.S.A. 13:1E-99.11 to 13:1E-99.32, and the Clean Communities Program Act, N.J.S.A. 13:1E-213 et seq.
As used in this article, the following terms have the meanings indicated:
ALUMINUM
Recyclable aluminum cans.
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials, including metal, glass, paper or plastic containers, food and waste, corrugated and other cardboard, newspaper, magazines or high-grade office paper designated in this article to be source separated.
DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
The transportation, placement, reuse, sale, donation, transfer or temporary storage for a period not exceeding six months of designated recyclable material for all possible uses, except for disposal of solid waste.
DWELLING UNIT
Includes a one-family home and a two-family home.
GLASS
All products made from silica or sand, soda ash and limestone which are transparent or translucent and used for packaging or bottling of various matter and all other materials commonly known as "glass"; excluding, however, blue and flat glass commonly known as "window glass."
MAGAZINES
Includes all magazines or periodicals printed on glossy stock or paper of heavier quality than that commonly recognized as "newsprint."
MUNICIPAL SOLID WASTE STREAM
All residential, commercial and institutional solid waste generated within the boundaries of the Borough, as measured in tons.
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest, expressly included, however, are all magazines or similar periodicals, as well as all other paper periodicals of any nature whatsoever.
PAPER
Includes all newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and related types of cellulosic material containing not more than 10% by weight or volume of noncellulosic materials such as laminates, binders, coatings or saturants.
PAPER PRODUCT
Any paper items or commodities, including but not limited to paper napkins, towels, corrugated and other cardboard, construction material, toilet tissue, paper and related types of cellulosic materials containing not more than 10% by weight or volume noncellulosic materials, such as laminates, binders, coatings or saturants.
PLASTIC CONTAINER
A container hermetically sealed or made airtight with a metal or plastic cap and with a minimum wall thickness of not less than ten-thousandths inch, and composed of thermoplastic synthetic polymeric material.
RECYCLABLE MATERIAL
Those materials which would otherwise become municipal solid waste, which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLABLE PAPERS
Paper having a total weight consisting of not less than 50% secondary wastepaper material.
RECYCLED PAPER PRODUCT
Any paper product consisting of not less than 50% secondary wastepaper material.
RECYCLING
Any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING CENTER
Any facility designed and operated solely for receiving, storing, processing and transferring source-separated, nonputrescible or source-separated commingled nonputrescible metal, glass, paper, plastic containers, corrugated and other cardboard or other recyclable material approved by the Department of Environmental Protection.
RECYCLING SERVICES
The services provided by persons engaged in the business of recycling, including the collection, processing, storage, purchase, sale or disposition or any combination thereof of recyclable material.
REGULATIONS
Includes such rules, implementation dates, schedules of time and such other requirements promulgated by the Director of the Department of Solid Waste and approved by the Borough Council as may be necessary to carry out the purposes and objectives of this article.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials, including but not limited to paper, metal, glass, food waste, office paper and plastic, which are kept separate and apart from residential, commercial and institutional solid waste by the generator thereof for the purposes of collection, disposition and recycling.
YARD WASTE
Includes leaves, grass clippings and brush.
[Amended 11-21-1988 by Ord. No. 661; 9-20-1993 by Ord. No. 735]
The following materials are designated as recyclable under the Demarest mandatory program:
A. 
Residential properties.
(1) 
Newspaper.
(2) 
Glass beverage containers.
(3) 
Aluminum cans.
(4) 
Ferrous scrap.
(5) 
Leaves.
(6) 
White goods.
(7) 
Tin cans.
(8) 
Grass.
(9) 
Household generated batteries.
[Added 2-21-1995 by Ord. No. 762]
B. 
Commercial/institutional.
(1) 
Corrugated cardboard.
(2) 
High-grade paper.
(3) 
Glass beverage containers.
(4) 
Ferrous scrap.
(5) 
White goods.
(6) 
Aluminum cans.
(7) 
Mixed paper.
(8) 
Construction and demolition debris.
A. 
On or after the effective date of this article, it shall be mandatory for all persons who are owners, lessees and occupants of property in the Borough of Demarest to separate the recyclable materials designated in § 189-152 above from all other solid waste and place them at a location designated by the Recycling Coordinator.
B. 
Leaves.
[Amended 6-18-1990 by Ord. No. 686]
(1) 
From January 1 to December 31 of each year, the owner, lessee or occupant of every property within the Borough of Demarest shall source-separate leaves from solid waste generated at that property.
(2) 
Between October 1 and December 1, leaves shall be placed in the streets at curbside in front of the property; leaves may not be placed in plastic bags. The leaves so placed shall be collected by the Borough and brought to the Borough's leaf composting facility.
(3) 
Between December 1 and September 30, leaves shall be placed in bags at the curb for pickup by the Borough. The leaves so collected shall be brought to the Borough's leaf composting facility.
C. 
Newspapers shall be separated and secured in bundles not to exceed 12 inches in height. Such bundles shall not be contained in plastic bags.
D. 
Aluminum shall be separated and secured in suitable and reusable containers supplied by the owner, lessee or occupant.
E. 
Glass shall be separated and contained in suitable, reusable containers supplied by the owner, lessee or occupant. Containers constructed of paper or cardboard materials shall be deemed not suitable for this purpose.
F. 
All other materials designated in § 189-152 shall be separated and secured in suitable, reusable containers supplied by the owner, lessee or occupant.
The Recycling Coordinator may be authorized, from time to time by bid or by contract approved by the Mayor and Council, to sell and deliver recyclable material so collected in order to obtain the best possible price.
Nothing in this article shall be deemed to prohibit any owner, lessee or occupant of disposing recyclable materials privately through a sale or gift, provided that in no event shall such recyclable materials be left at the curb for any private pickup, and further provided that in no event shall any such recyclable materials be disposed of as part of the solid waste pickup by the Borough of Demarest in accordance with the normal pickup by the Borough of Demarest.
From the time recyclable materials are placed at a location designated by the Recycling Coordinator by the owner, lessee or occupant for collection by the Borough of Demarest, such recyclable materials shall become the property of the Borough. It shall be a violation of this article for any person unauthorized to collect or pick up or cause to be collected or picked up any such recyclable materials for any purpose whatsoever once the same have been placed at the location designated by the Recycling Coordinator. Any and each such collection in violation hereof from one or more premises shall constitute a separate and distinct offense, punishable as hereinafter provided.
A. 
The Recycling Coordinator shall, no later than July 1, 1988, notify all persons owning, leasing or occupying property within the Borough of Demarest of the Borough's recycling opportunities and the source-separation requirements of this article. This notice shall be done by placing an advertisement in a newspaper circulating in the Borough of Demarest and by posting a notice in public places where public notices are customarily posted by the Borough and by a mailing to all residential taxpayers.
B. 
Every six months after the initial notification, the Recycling Coordinator shall notify all persons occupying residential, commercial and institutional premises within the Borough of Demarest of local recycling opportunities and the source-separation requirements of this article. Said notification shall be done by placing an advertisement in a newspaper circulating in the Borough of Demarest and by posting a notice in public places where public notices are customarily posted by the Borough.
C. 
The Recycling Coordinator shall use his best efforts to notify the public through newsletters and presentations in the schools.
This article shall be referred to the Planning Board of the Borough of Demarest for a revision of the Master Plan in accordance with N.J.S.A. 13:1E-99.16(c), specifically, with regard to the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet of land. The Planning Board shall also make recommendations to the Mayor and Council for the amendments to Chapter 175, Zoning, and Chapter 153, Subdivision and Site Plan Review, in accordance with this section.
The Department of Public Works Superintendent or his designated assistant or the Recycling Coordinator is hereby authorized and directed to enforce this article.
Any person, firm or corporation violating the provisions of this article shall be liable to a maximum penalty at the discretion of the Judge of the Municipal Court of the Borough of Demarest of not more than $25 for the first offense and not more than $100 or 10 days in jail for each subsequent offense, excepting that a person violating § 189-156 of this article shall be liable to a maximum fine of $500 or imprisonment in the county jail for a period not to exceed 90 days, or both.