As used in this article, the following terms shall have the
meanings indicated:
COMMERCIAL SOURCE
Wholesale, retail, service or manufacturing establishments,
including but not limited to restaurants, markets, offices, retail
and wholesale outlets, industrial establishments and theaters.
COMMINGLED
A combining or nonputrescible source-separated recyclable
materials for the purpose of recycling.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Essex County District
Solid Waste Management Plan and by the Township of Nutley through
this Municipal Source Separation and Recycling Ordinance to be source
separated for the purpose of recycling. These materials include:
A.
ALUMINUMAll disposable containers made and fabricated of aluminum and most commonly used to contain soda and beer.
B.
ALUMINUM BEVERAGE CONTAINERSIncludes all containers normally used in the consumption of alcoholic and nonalcoholic beverages both in the home and in retail establishments dispensing the same for on- or off-premises consumption, the same being made entirely of aluminum.
C.
BIMETAL (Tin/Steel) CANSAluminum and tin or tin-plated steel food and beverage containers, including those for fruits, vegetables, juices and pet food.
D.
(1)
LEAD ACID BATTERIESAre the types that contain lead and lead oxide with the sulfuric acid electrolyte produces a voltage. Used in vehicles such as automobiles, motorcycles, boats, etc., and composed primarily of lead plates in sulfuric acid.
E.
CORRUGATED CARDBOARDA type of paper in which a portion has been made to have a wavy surface (alternating ridges and grooves) and is placed between two flat surfaces for the sake of strength and which is commonly used to form cartons for shipping and delivering of commercial materials, foods, appliances, business machines, etc.
F.
OLD CORRUGATED CONTAINERSAll corrugated cardboard of the type commonly used for boxes, shipping containers and packing material having exterior cardboard plies separated by air spaces created by one or more fabricated cardboard plies.
G.
ELECTRONIC WASTEComputers and associated hardware including keyboards, modems, printers, scanners and fax machines, TVs, telephones, cell phones, VCRs, DVD players, stereos and microwaves.
H.
FERROUS SCRAPIs scrap metal that is magnetic and rusts such as structural steel or cast iron components.
I.
GLASSProducts used as bottles, jars and other glass containers made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter or liquid, and all other material commonly known as "glass"; excluding, however, blue glass and flat glass, commonly known as "window glass," and mirrors.
J.
GLASS FOOD AND BEVERAGE CONTAINERSAll containers and objects commonly used in residential and nonresidential premises, such as bottles, jars, glasses, jugs and all other vessels made entirely and exclusively of glass.
L.
LEAVESFoliage material naturally formed from trees and brushes that are suitable for composting and mulching. Excluded are grass clippings, plant and flower clippings, branches, yard debris or any items other than tree leaves.
M.
MOTOR OILOil used in vehicle engines primarily for lubrication of engine parts that is not contaminated with water or any other abnormal items.
N.
USED MOTOR OILAny waste crank case oil from periodic maintenance of internal combustion engines.
O.
MIXED PAPERAll newspaper, fine paper, bond paper, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material, whether shredded or whole.
P.
MIXED OFFICE PAPERA combination of paper products found in an office environment, typically, it means high-grade papers such as copier paper, computer printout, and stationery. It also includes magazines, catalogs, brochures, white envelopes, advertising flyers and most mail.
Q.
NEWSPAPERPaper 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 matter of public interest. Expressly excluded are all magazines or similar periodicals, phone books and junk mail as well as all other paper periodicals of any nature whatsoever.
R.
OFFICE PAPERHigh-grade papers generally used in offices that are of high quality and do not have a glossy finish, including, but not limited to, computer, letterhead, ledger and photocopy paper.
S.
PLASTICS/PLASTICS CONTAINERSBottles and containers made from a light-weight man-made resin of various colors. Most bottles are coded with a number from 1 to 7 in a triangle located on or near the bottom of the container. The majority of plastic is PET No. 1 (soft drink and liquor bottles) and HDPE No. 2 (milk, water, juice, detergent, bleach, etc.) containers.
T.
WHITE GOODSLarge metal appliances such as, but not limited to, refrigerators, air conditioners, stoves, freezers, washers, dryers, water heaters, ranges, dishwashers, furnaces, metal lawn furniture, bicycles, steel or cast-iron plumbing fixtures etc.
U.
STEEL/TIN CONTAINERSAll disposable containers made and fabricated of one or more metals (i.e., steel or tin) and used to store food and beverages.
INSTITUTIONAL SOURCES
Churches, synagogues, colleges, schools, municipal or municipally
supported bodies, not-for-profit organizations and the like.
MULTIFAMILY/DWELLING SOURCE
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 RECYCLING COORDINATOR
Person or persons appointed by the municipal governing body
and who shall be authorized to, among other things, enforce the provisions
of this article, and any rules and regulations which may be promulgated
hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of Nutley;
PERSON
Both plural and singular, as the case may demand, and includes
corporations, partnerships, firms, societies and associations, as
well as individuals.
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;
RECYCLABLES
All items as designated by the Essex County Recycling Plan,
dated December 13, 1988, and adopted January 25, 1989, or as amended,
by requirement of the Statewide Mandatory Source Separation and Recycling
Act (P.L. 1987, c. 102), or any other items designated by Township regulation.
RESIDENTIAL SOURCE
Homes, condominiums, townhouses and other dwelling units
not defined as multi-family, commercial or institutional sources.
SOLID WASTE
All garbage and rubbish normally collected by regular curbside
pickups from residents of the Township.
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;
The owner of any residential property in the Township of Nutley
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 recyclable materials,
in accordance with guidelines or regulations established by the Department
of Public Works. Violations and penalty notices will be directed to
the property 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.
New developments of multi-family residential units or commercial,
institutional or industrial properties (pursuant to N.J.S.A. 13:1E-99.13a
and 99.16c.) shall comply with the following:
A. Any application to the planning board of the municipality of Nutley,
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 contain other attributes (signage, lighting, fencing,
etc.), as may be determined by the municipal recycling coordinator.
B. Prior to the issuance of a certificate of occupancy by the municipality
of Nutley, 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 municipality 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 municipal engineer.
Once recyclables are placed at the curb for collection by the
Township of Nutley Department of Public Works or its authorized agent(s),
pursuant to the rules and regulations promulgated hereunder, such
recyclables shall become and be the property of the Township of Nutley
Department of Public Works. It shall be a violation of the provisions
of this article for any person not authorized by the Township of Nutley
Department of Public Works to collect or pick up recyclables for any
purpose whatsoever. Any and each such collection or pickup in violation
hereof from one or more premises shall constitute a separate and distinct
offense punishable as hereinafter provided.
The Department of Public Works is hereby authorized and directed
to establish and promulgate rules and regulations as to the manner,
days and times for the collection of recyclables in accordance with
the provisions hereof, such rules and regulations to become effective
upon adoption by resolution of the Board of Commissioners.
The provisions of this article shall be enforced by an authorized
representative of the Department of Public Works, Municipal Recycling
Coordinator and/or Essex County Department of Health. 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.
This article shall be in full force and effect from and after
its adoption and any publication as may be required by law.