City of Summit, NJ
Union County
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Table of Contents
Table of Contents
[1984 Code Part VI T.44 Preamble]
It is deemed vital to the health of this community to regulate and control the manner of collecting, removing and disposing of solid wastes, to regulate and control the Municipal Disposal Area, to comply with the provisions of the State Sanitary Code and to regulate the installation of mechanical food grinders or domestic food-waste disposal units, and it is necessary to establish rules and regulations to assure that all trash and garbage collected within and without the municipal boundaries of the City of Summit shall be disposed of by sanitary landfill or incinerator method in accordance with the standards for the design, operation and maintenance of sanitary landfills or incinerators contained in the State Sanitary Code.
[1984 Code Part VI T.44 § 1]
The Common Council of the City of Summit shall provide for the collection, removal and disposal of solid wastes as hereinafter defined from all residential, commercial, industrial and institutional properties under the conditions and methods as set forth in this chapter.
[1984 Code Part VI T.44 § 2]
As used in this section:
ASHES
Shall mean residue from coal or other fuel used for cooking and heating of buildings.
BULKY WASTE
Shall include large items not suitable for depositing in a standard twenty (20) gallon garbage can. Such items shall include but not be limited to large cartons, or boxes such as mover's cartons and appliance cartons or crates, barrels, wood, furniture, appliances, large auto parts, tire, bicycles and playground equipment.
CONSTRUCTION AND DEMOLITION WASTES
Shall include building materials and rubble resulting from construction, remodeling, repair, and demolition activities on dwellings, commercial, industrial, and institutional buildings, pavements and other structures.
EXCAVATED MATERIAL
Shall include dirt, sand, gravel, stones, rocks and stumps.
GARBAGE
Shall mean waste from the processing, preparation, serving and removal of food and food products.
HAZARDOUS WASTES
Shall include chemical pathological wastes as well as those wastes defined as hazardous by the D.E.P. of N.J.
ORGANIC WASTE
Shall include waste that results from the growing, maintaining and removing of plants, grass, trees, shrubs and other items of a vegetative nature. Such wastes shall include but not be limited to the following:
Leaves, grass clippings, hedge clippings, weeds, tree limbs and branches under five (5) inches in diameter and six (6) feet in length, trunk wood.
REFUSE and RUBBISH
Shall include miscellaneous solid waste matter generally in the category of small, lightweight, household items which are not specifically covered under another definition and shall include those items which can be readily placed in a standard twenty (20) gallon garbage can. Items of rubbish shall include, but not be limited to paper, small cartons or boxes, bottles, cans, rags, wearing apparel, broken glass, crockery or china, shoes, leather, metal or rubber items, animal litter when securely wrapped in a plastic bag, disposable diaper linings when securely wrapped in a plastic bag and any materials that may accumulate.
[1984 Code Part VI T.44 § 3; Ord. No. 03-2576 § 1]
The Common Council does hereby provide and establish the area known as the Municipal Disposal Area, which includes the Municipal Transfer Station, Municipal Reclamation Area and the Municipal Recycle Center located near New Providence Avenue in the City of Summit for the disposal of ashes, garbage, refuse, rubbish, newspapers, limited construction demolition and excavated material, glass, bottles, cans and such other waste materials as the Common Council may by resolution make provision for.
[1984 Code Part VI T.44 § 4; Ord. No. 03-2576 § 1]
The collection, removal and disposal may be performed by the City employees or by persons, partnerships, corporations or municipalities under contract with the City and shall be subject to such rules and regulations as the Common Council may prescribe by resolution.
[1984 Code Part VI T.44 § 5]
No person shall dump garbage in the Municipal Reclamation Area and the Municipal Recycle Center. Garbage shall only be permitted to be disposed of in the Municipal Transfer Station.
[1984 Code Part VI T.44 § 5; Ord. No. 03-2576 § 1]
No solid wastes shall be dumped or deposited upon any land or any place within the limits of the City of Summit except at the Municipal Disposal Area unless authorized by the Common Council.
[Ord. 2002; Ord. No. 2115 § 1; 1984 Code Part VI T.44 § 7; Ord. No. 2378 § 1]
a. 
Rear of House Collection by City Employees.
1. 
It shall be the responsibility of the City, in accordance with the weekly schedule listed in paragraph 4 below, to collect, remove, and dispose of all ashes, garbage, refuse and rubbish, as defined in subsection 23-1.5. A maximum of eleven (11) cubic feet (not to exceed four (4) twenty (20) gallon garbage cans) will be collected on each collection day.
2. 
All solid wastes for collection by the City shall be removed from the rear of any house, residence or other buildings except that of apartment houses containing more than six (6) family units. All solid wastes emanating from apartment houses containing more than six (6) family units shall be stored in a fire resistant building which shall be provided by the owner for the storage thereof. The owner of apartment houses containing more than six (6) family units shall construct sufficient buildings at convenient locations for the storage of solid waste containers. Plans for construction and locations of these buildings shall be submitted to the Planning Board for approval.
3. 
All solid wastes for collection by the City, except for apartment houses containing more than six (6) family units, shall be located in one (1) place. Containers shall be located outside and at ground level on collection day.
4. 
Collection of solid waste by the City shall be provided five (5) days a week in the Central Retail Business District and one (1) day a week in all other parts of the City. On Saturdays and Sundays the collection of solid waste by the City shall be provided with Summit Downtown, Inc. paying the wage expenses.
5. 
Newspapers, magazines and cartons broken up shall be securely tied in bundles convenient for handling and placed on top of, or beside, garbage container for collection by City collection employees, or, on the curb for collection by the City's Contractual Agent in accordance with schedule adopted by the Common Council. In the Central Business District such items shall be placed on top or beside the container to be picked up by the regular City collection employees, or, on the curb for collection by the City's Contractual Agent.
6. 
The City will not be responsible for the collection of ashes, garbage or refuse rubbish not set out for collection in a manner conforming to the provisions of this section.
7. 
Should such refusal to collect ashes, garbage or refuse rubbish, not set out for collection in a manner conforming to the provisions of this section, result in the health hazard, it shall be the responsibility of the occupant of the premises (or such other persons whose normal duty it is with respect to such premises) to dispose of the materials in a manner conforming to law. Failure to do so shall, upon conviction thereof, be punishable by a fine not to exceed twenty-five ($25.00) dollars for each and every such offense.
b. 
Special Curbside Pick-up Service by the City Employees.
1. 
The City shall provide curbside collection of bagged leaves in biodegradable paper bags at such time and for a determined period under such conditions as prescribed annually by resolution of the Common Council.
2. 
The City shall annually provide by resolution for a general Clean-Up Week and establish rules, regulations and schedules for this service to the residents of the City.
[1984 Code Part VI T.44 § 8]
a. 
It shall be the responsibility of the occupant of a premises (or such other person whose normal duty it is with respect to such premises) to dispose of bulky waste, organic waste, construction and demolition waste, excavation material, and hazardous waste, and to dispose of solid wastes which exceed a quantity of eleven (11) cubic feet per collection day.
[1984 Code Part VI T.44 § 9]
a. 
Solid wastes originating outside of the corporate limits of the City shall be deposited or disposed of at the Municipal Disposal Area of the City of Summit in such a manner as is provided for in subsection 23-1.19.
[1984 Code Part VI T.44 § 10]
a. 
The property owner or occupant of a premises shall provide a water-tight metal or plastic can(s) with a close fitting lid(s). All solid waste for collection must be placed in cans except for ashes which must be kept entirely separate from garbage and rubbish.
b. 
Ashes shall be placed in metal ash cans.
c. 
No container shall be filled to a level higher than three (3") inches below the top of the container.
d. 
No container, including contents, shall exceed seventy-five (75) pounds in weight.
e. 
Containers or receptacles that have deteriorated to the extent of having jagged or sharp edges capable of causing injury to collectors or others who may have to handle same shall be removed by the collector and disposed of.
[1984 Code Part VI T.44 § 11]
a. 
All carts and vehicles used for the removal of ashes, rubbish and garbage shall be strongly and tightly constructed so that the contents may not escape therefrom.
b. 
All vehicles used by private contractors and the City of Summit shall be licensed in accordance with the rules and regulations of the Board of Public Utilities and the Department of Environmental Protection of the State of New Jersey.
[Ord. No. 2002; 1984 Code Part VI T.44 § 12; Ord. No. 03-2576 § 1]
a. 
The Municipal Transfer Station shall be under the jurisdiction of the Common Council, supervised by the City Engineer and under the direction of an operator who shall be designated by the Common Council upon the recommendation of the City Engineer. The operator shall be responsible for the enforcement of the following regulations:
1. 
The Municipal Transfer Station shall be open to the public from 7:30 a.m. to 3:30 p.m., Monday through Friday and from 7:30 a.m. to 3:45 p.m. on Saturday with the following limitations:
(a) 
The Transfer Station shall be open to gardeners, landscapers and contractors from 7:30 a.m. to 3:30 p.m., Monday through Friday, except holidays.
(b) 
The Transfer Station shall be open to the residents of the City of Summit, Monday through Friday from 7:30 a.m. to 3:30 p.m. and on Saturday from 7:30 a.m. to 3:45 p.m.
2. 
The Municipal Transfer Station shall be securely locked at all times other than the hours prescribed above.
3. 
The Municipal Transfer Station shall be normally open to residents of Summit on such holidays as may be designated by the Common Council.
4. 
Commercial vehicles except those garbage collection vehicles using the Municipal Transfer Station under contract with the City of Summit shall not be allowed to use the Municipal Transfer Station on Saturdays and holidays.
5. 
The Operator of the Municipal Transfer Station shall be responsible for the inspection of all materials to be disposed of in the Municipal Transfer Station.
6. 
All vehicles, except those garbage collection vehicles using the Municipal Transfer Station under contract with the City of Summit and those vehicles specified in subsection 23-1.18a shall pay a fee for the use of the Municipal Transfer Station. The amount of the fee shall be determined by the rated capacity of the vehicle and a charge per load will be made on the basis of a fee schedule adopted and promulgated by resolution duly adopted by the Common Council.
(a) 
Upon the payment of the established fee gardeners, landscapers and contractors may dispose of ashes, garbage, refuse and rubbish and bulky waste as defined in subsection 23-1.2. No organic waste, construction and demolition waste, or excavated materials as defined in subsection 23-1.2 shall be permitted to be disposed of in the Municipal Transfer Station except as provided in paragraph 8. Hazardous wastes shall not be permitted to be disposed of in the Municipal Transfer Station.
(b) 
Coupons indicating the payment of the proper fee may be purchased at the City Engineer's Office, Municipal Building, Monday through Friday, except holidays from 8:30 a.m. to 4:30 p.m. Coupons shall be given to the assigned City employee at the Transfer Station indicating the proper fee has been paid. The cancelled coupons shall be returned to the City Engineer's Office each morning for the previous day's transactions.
7. 
The following items may be disposed of at the Municipal Transfer Station:
Ashes
Metal
Rags
Appliances
Cans
Furniture
Paper
Rugs
Garden or Shop Utensils
Clothes
Shoes
Leather Goods
Refuse
Mattresses
Lumber up to 6 feet in length
Rubber Goods
Rubbish
8. 
The following items may not be disposed of at the Municipal Transfer Station:
Stumps, branches, limbs, trunk wood, hazardous wastes, brush, and in a quantity greater than two (2) garbage cans excavated material, broken concrete and asphalt debris from cleanup of house remodeling, stones, bricks or solid building materials, leaves, hedge clippings, grass clippings and yard rakings.
[Ord. No. 03-2576 § 2; Ord. No. 08-2802 § 1]
The fee for disposing of household wastes through the Transfer Station shall be one hundred seven ($107.00) dollars per ton or fraction thereof.
[Ord. No. 08-2802 § 1]
The fee for disposing of bulky wastes through the Transfer Station shall be one hundred thirty ($130.00) dollars per ton or fraction thereof.
[1984 Code Part VI T.44 § 13; Ord. No. 03-2576 § 1]
a. 
The Summit Municipal Reclamation Area shall be under the jurisdiction of the Common Council supervised by the City Engineer and under the direction of a Caretaker to be appointed by the Common Council upon the recommendation of the City Engineer. The Caretaker shall be responsible for the enforcement of the following regulations:
1. 
The Municipal Reclamation Area shall be open to residents, gardeners, landscapers and contractors from 7:30 a.m. to 3:30 p.m., Monday through Friday and from 7:30 a.m. to 3:45 p.m. on Saturday.
2. 
Any unauthorized personnel in the Reclamation Area after the hours stated above shall be deemed trespassing and shall be subject to penalties provided in this section.
3. 
The Caretaker shall be responsible for the inspection of all materials to be disposed of in the Reclamation Area.
4. 
Only the following items may be disposed of in the Reclamation Area.
Leaves
Yard Rakings
Hedge Clippings
Branches or limbs not exceeding 5" in diameter and 6' in length
Brush
Grass Clippings
5. 
Commercial vehicles shall pay a fee for the use of the Reclamation Area. The amount of the fee shall be determined by the rated capacity of the vehicle and a charge per load will be made on the basis of a fee schedule adopted and promulgated by resolution duly adopted by the Common Council.
6. 
Upon the payment of the established fee, gardeners, landscapers and contractors may dispose of the items listed in paragraph 4 above at the Reclamation Center.
(a) 
Coupons indicating the payment of the proper fee may be purchased at the City Engineer's office, Municipal Building, Monday through Friday, except holidays from 8:30 a.m. to 4:30 p.m. Coupons shall be given to the Caretaker at the Reclamation Area indicating the proper fee has been paid. The cancelled coupons shall be returned to the City Engineer's office each morning for the previous day's transactions.
(b) 
All sedans, station wagons and vans registered as passenger vehicles in the name of residents of the City of Summit will be allowed to obtain, free of charge, at the Reclamation Area, wood chips, leaf mulch and firewood depending on the availability of materials. Materials shall be loaded by the individual and not with City equipment.
[Ord. No. 03-2576 § 3]
The fee for disposing of leaves and other compostable materials shall be forty-five ($45.00) dollars per ton or fraction thereof.
[1984 Code Part VI T.44 § 14; Ord. No. 03-2576 § 1]
a. 
The Municipal Recycle Center shall be under the jurisdiction of the Common Council and the direction of the City Engineer.
b. 
Separate bins have been provided for the depositing of glass, cans and an area for newspapers. All materials will be deposited in the proper bin or area.
c. 
The Recycling Center will be open during the same hours and governed by the same rules and regulations as the Municipal Reclamation Area outlined in subsection 21-1.14.
[Ord. No. 2002 § 3; 1984 Code Part VI T.44 § 15]
a. 
In the event the City of Summit enters into a contract with a private individual, partnership or corporation for the curbside collection of recyclable materials, including but not limited to newspapers, aluminum cans, glass bottles and jars, corrugated cardboard, and office white paper, such individual, partnership, corporation or organization shall have this sole right and anyone infringing upon this contractual privilege shall be deemed in violation of this section and, upon conviction,, subject to the penalties provided in subsection 23-1.21.
[1984 Code Part VI T.44 § 16]
a. 
Mechanical food grinders or domestic food-waste disposal units shall be permitted to be installed in private residences in accordance with the applicable rules and regulations.
[1984 Code Part VI T.44 § 17; New; Ord. No. 03-2576 § 1]
a. 
All sedans, station wagons and vans registered as passenger vehicles in the name of residents of the City shall be allowed to dispose of residential wastes in the Municipal Transfer Station and/or the Municipal Reclamation Area and/or Municipal Recycle Center without charge.
b. 
All vehicles shall be issued a parking/disposal area permit upon having satisfied the regulations regarding the issuance of the permit. The permit shall be affixed in the lower left hand corner (driver's side) of the rear window (parallel to the bumper) facing the back of the window.
c. 
All vehicles commercially registered or being used for business purposes using the Municipal Transfer Station and/or the Municipal Reclamation Area shall be charged in accordance with the fee schedule adopted by the Common Council[1] and shall be subject to the conditions set forth in this chapter.
[1]
Editor's Note: For fee referred to herein see Appendix A located at the rear of the Code.
[1984 Code Part VI T.44 § 18]
a. 
Only gardeners, landscapers and contractors who reside in the City or who have their principal office located in the City shall be allowed to use the facilities of the Municipal Transfer Station and/or the Municipal Reclamation Area except as provided in paragraph c of this subsection.
b. 
Only the items listed in subsection 23-1.13 paragraph a7 and subsection 23-1.14 paragraph a4 which are from the residences of Summit shall be allowed to be disposed of in the Summit Municipal Transfer Station and/or the Municipal Reclamation Area. No materials from outside of the City of Summit, except for those individuals, partnerships or corporations under contract with the City of Summit and the Borough of New Providence shall be disposed of in the Municipal Transfer Station and/or the Municipal Reclamation Area.
c. 
In the event of a gardener, landscaper or contractor who does not reside in the City of Summit should serve a Summit resident he may use the Summit Municipal Transfer Station and/or the Municipal Reclamation Area under the following conditions.
1. 
He shall furnish on demand the name, address and telephone number of his customers in Summit.
2. 
He shall be required to present a coupon for each load disposed of. The coupon shall be presented to the proper attendant at the Municipal Transfer Station or the Municipal Reclamation Area before the load is dumped.
3. 
Each load shall consist of a separate and distinct item. Items to be disposed of in the Municipal Transfer Station and the Municipal Reclamation Area shall not be mixed.
[Ord. No. 01-2468 § 1]
Collection of solid waste through both mechanical means and by individuals often results in noise that is disturbing to the peace and good order of the occupants of residential properties. The following limitations apply to both municipal and private collection of solid wastes.
a. 
Solid waste collection inside the Central Retail Business District shall be limited to between the hours of 5:00 a.m. and 10:00 p.m. on any day. The Central Retail Business District is defined as the area identified as the Central Retail Business District or the CRBD on the Zoning Map of the City of Summit.
b. 
Solid waste collection outside of the limits established in paragraph a above shall be limited to the hours between 6:00 a.m. and 10:00 p.m. Mondays through Fridays, and between the hours of 8:00 a.m. and 9:00 p.m. on Saturdays and Sundays.
[1984 Code Part VI T.44 § 19; Ord. No. 01-2468 § 2]
a. 
Copies of this chapter shall be available at City Hall. It shall be the duty of each owner of property, rented or occupied by another, to see that such tenants are furnished with a copy of this chapter.
[1984 Code Part VI T.44 § 20; New; Ord. No. 01-2468 § 2]
a. 
Any person violating any of the provisions of this section except subsection 21-1.8a7 shall, upon conviction be liable to the penalty stated in Chapter 1, Section 1-5.
[1]
Editor's Note: Prior ordinance history includes 1983 Code § 1, Ord. No. 2086 § 1; 1988 Code Part VI T.46 § 1 and Ordinance No. 2152.
[Ord. No. 09-2884 § 1]
A strong recycling program helps to improve the environment and will reduce waste and its associated disposal costs. It is essential to the City of Summit that its residents, businesses and institutions participate in the City's recycling program and comply with State of New Jersey's mandated recycling regulations.
[Ord. No. 09-2884 § 1]
The regulations within this section apply to all properties in the City, commercial, institutional and residential.
[Ord. No. 09-2884 § 1]
CENTRAL RETAIL BUSINESS DISTRICT (CRBD)
As shown on the City of Summit Zoning Map, found in the Development Regulation Ordinance (DRO), Chapter 35.
COMMERCIAL/INDUSTRIAL ESTABLISHMENTS
Shall mean all places of business, including retail, wholesale, service, food, schools, institutions-including government, construction sites, offices, manufacturing and transportation.
COMMINGLED
Shall mean combining of source-separated recyclable materials as listed in the designation of source-separated materials section for the purpose of recycling.
CONSTRUCTION AND DEMOLITION DEBRIS (C&D)
Shall mean and include building material and rubble resulting from construction, remodeling, repair, and demolition operations on houses, commercial buildings, pavements and other structures, as defined in subsection 23-1.3, treated and untreated wood scrap; tree parts, tree stumps and brush; concrete, asphalt, bricks, blocks and other masonry; plaster and wallboard; roofing materials; corrugated cardboard and miscellaneous paper; ferrous and nonferrous metal; non-asbestos building insulation; plastic scrap; dirt; carpets and padding; glass (window and door); and other miscellaneous materials; but shall not include other solid waste types.
CORRUGATED CARDBOARD
Shall mean shipping containers made with kraft paper linerboard and corrugated medium. All noncorrugated cardboard shall be included within mixed paper.
GLASS CONTAINERS
Shall mean all glass containers used for packaging food and beverages including clear, brown and green glass. Specifically omitted from this definition are drinking glasses, mirrors, windows, light bulbs and anything made of Pyrex®.
INSTITUTIONAL ESTABLISHMENT
Shall mean government, public and private schools, houses of worship or religious organizations, hospitals, clinics, and nonprofits.
MATERIALS RECOVERY FACILITY (MRF)
Shall mean an NJDEP authorized solid waste facility in which the material is separated for the purpose of removing mandatorily recycled materials from the waste stream.
MULTI-FAMILY DWELLING
Shall mean any building or structure or complex of buildings in which more than six (6) 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 rooming houses or 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 (C. 55: 13A-1 et seq.).
PLASTIC CONTAINERS
Shall mean all containers made of plastics bearing coded recyclable numbers 1-7.
PUBLIC PROPERTIES
Shall mean all properties owned by the City of Summit and county of Union and shall include public school properties as agreed upon by the City of Summit and the Board of Education.
RECYCLABLE MATERIAL
Shall mean those materials which would otherwise become solid waste and which may be collected, separated, or processed and returned or repurposed in the form of raw materials or products.
RECYCLING COORDINATOR
Shall mean the person appointed by Common Council or his or her designee, who shall be authorized to coordinate the City's recycling program and assist with the enforcement of this section.
RESIDENTIAL UNITS
Shall mean single family and multiple units up to and including six (6) units.
SOURCE SEPARATION
Shall mean 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.
[Ord. No. 09-2884 § 1]
The following materials are designated as recyclable under the City of Summit Mandatory Recycling Program:
Batteries: (household) Dry cell, rechargeable batteries such as nickel-cadmium, nickel iron, nickel metal hydride, lithium ion, non-rechargeable batteries such as alkaline and carbon zinc.
Batteries: (lead acid) such as automobile, truck, machinery and equipment.
Commingled containers: rinsed bottles and cans and glass and aluminum and plastic containers used for packaging food and/or beverages.
Commingled paper/fiber products: clean newspapers, magazines, junk mail, white or colored paper, glossy papers, soft or hard cover books, wrapping paper, paper bags, cardboard, and uncontaminated paper napkins and towels.
Construction and demolition debris such as lumber, plasters, sheetrock, insulation, shingles, rubble, bricks, cinder block, concrete, roofing materials and other such building and site debris.
Consumer electronics: Any appliance used in the home or business that includes circuitry, such as computers, printers, copiers, telefacsimiles, VCRs, stereos, televisions and telecommunication devices.
Ferrous scrap metal products made of steel, stainless steel, cast-iron, tin-plated steel and appliances such as refrigerators, washing machines and stoves.
Nonferrous scrap metal products made of aluminum, copper, lead or brass.
Fluorescent and CFL bulbs.
Motor oil.
Motor oil filters.
Sheet aluminum foil (clean) and stiff foil takeout containers.
Styrofoam packaging materials.
Unpainted and untreated wood products such as window casings, doors, scrap wood and pallets.
Textiles: such as clothing in bags, and shoes tied or clipped together in pairs.
Tires: rubber based scrap automotive, truck and specialty tires.
Yard waste: grass, leaves and brush.
[Ord. No. 09-2884 § 1]
Mandatory Source Separation. It is mandatory for all persons who are owners, tenants or occupants of residential and nonresidential premises which shall include but not be limited to retail or other commercial locations as well as government, nonprofit, religious, schools and other institutional locations within the municipality of the City of Summit, to separate designated recyclable materials from all solid waste.
Failure to separate designated recyclable materials is a violation of this section and the local sanitary code and the Recycling Code of the State of New Jersey.
Designated recyclable materials shall be deposited separate and apart from other solid waste and disposed of as set forth in subsection 23-2.8.
[Ord. No. 09-2884 § 1]
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible or audible signs of, designated recyclable materials, unless the commercial and/or institutional entity has been granted an exemption (see subsection 23-2.12).
It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste that visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
[Ord. No. 09-2884 § 1]
Once placed in the location identified in this section, or any rules or regulations promulgated pursuant to this section, all designated recyclable materials as identified by the City of Summit are the property of the City of Summit. No person or persons other than those authorized by the City of Summit shall tamper with, collect, remove, or otherwise handle designated recyclable materials. Each such collection in violation hereof from one or more residences or public properties during the period shall constitute a separate and distinct offense.
[Ord. No. 09-2884 § 1]
It is the duty of the owner or occupant of residential and/or commercial property to place or cause to be placed recyclable materials or collection containers for recyclable materials at the collection site no earlier than 5:00 p.m. on the day before the day on which the user's recyclable material is to be collected.
In the case of corner lots, containers for recyclable materials shall be placed at the roadway most convenient to the collection vehicle or as otherwise directed by the Department of Community Services.
All recyclable materials or collection containers for recyclable materials are to be removed from the collection site by the end of the collection day, except in the case where dumpsters have been provided for and approved by the Department of Community Services for use at commercial, institutional, industrial and public properties or at other approved enclosures.
In the Central Retail Business District (CRBD) as defined in the Zoning Ordinance of the City of Summit, no recyclable materials or collection containers for recyclable materials shall be placed in the designated area before the evening before collection days and after the start of business the next day, or at any time on Sundays. Responsibility for compliance with the terms of this section is that of the owner of the building and is to be stipulated in the lease.
[Ord. No. 09-2884 § 1]
a. 
Residential Units. It shall be the responsibility of the resident or renter or occupant of the premises to properly separate the solid waste and recyclable materials and dispose of them in the manner as specified by the City of Summit. There are several ways to properly dispose of designated residential recyclable materials, described below. Failure to separate waste and recyclable materials and to dispose of them properly will be considered a violation of this section and the local sanitary code and the recycling code of the State of New Jersey.
1. 
Curbside Collection. All recyclable materials listed as Designated Recyclable Material on the City of Summit's official website and/or periodic residential mailings must be placed within five (5') feet of the improved roadway or as otherwise directed by the Department of Community Services of the City of Summit, on the days and between the hours as listed on the official website or City mailing. No recyclable material is to be placed on any improved roadway or sidewalk.
No container and its contents shall exceed fifty (50) gallons per container when placed at the curb for collection.
All containers must be maintained in a manner so as not to pose any danger to the health or safety of the public or the collection personnel. Any such containers that are badly broken, damaged or deteriorated or otherwise fail to meet the requirements of this section shall be classified as refuse by the Department of Community Services of the City and shall be disposed of accordingly. In addition, all such recyclable materials must be contained in a safe and sanitary condition.
All contractors or homeowners or builders performing tasks generating construction and demolition (C&D) debris shall arrange for its prompt and proper removal to a NJDEP approved facility that accepts C&D debris.
All construction permit applicants shall provide the City with proof of proper disposal arrangements of C&D debris and a certified tonnage report as specified by the City's recycling coordinator for the C&D debris removed from the property, during that calendar year.
2. 
Transfer Station/Recycling Center Collection. Any resident or renter or occupant of residential premises may use the City of Summit's Transfer Station/Recycling Center to dispose of any and all designated recyclable materials provided the vehicle being used to transport the materials has a current City of Summit resident or authorized permit affixed to its rear window in accordance with instructions provided. Such stickers are available at the City of Summit's Municipal office.
Transfer Station/Recycling Center hours of operation are posted on the official website of the City of Summit and on periodic official City mailings.
Those designated recyclable materials that are not collected curbside, such as Styrofoam® packaging materials, textiles and scrap metal, may be taken to the Transfer Station/Recycling Center and properly disposed of there. Residents, renters or occupants of residential dwelling units who are not able to utilize the Transfer Station/Recycling Center for whatever reason should contact the Department of Community Services to determine other methods to properly dispose of designated recyclable materials.
Failure to separate and properly dispose of designated recyclable materials is a violation of this section and the local sanitary code and the recycling code of the State of New Jersey.
3. 
Leaf Collection. Collection of leaves and other seasonal vegetative waste such as live evergreen trees shall be specified on the official City of Summit website and on periodic official City mailings.
At all other times of the year, vegetative waste must be taken to a designated disposal area. It is not permissible to dispose of such items in any residential waste collections.
b. 
Multi-Family Dwellings. Management of multi-family dwellings of more than six (6) units must provide a recycling area for all designated recyclable materials as specified by the City of Summit. Each multi-family complex shall provide labeled receptacles for commingled material and for commingled paper as defined in subsection 23-2.4.
Receptacles must be of sufficient capacity to hold the material between collections. Management must maintain the area where recyclable materials are stored on the premises, remove contamination and keep trash free of recyclable materials.
Management of the multi-family dwelling must notify all residents of its recycling arrangements in writing at least once a year and must give every new tenant written recycling guidelines with their lease.
Recycling in multi-family dwellings may be placed curbside, door-to-door or designated drop-off, as determined by the City of Summit.
Management of any multi-family complex, utilizing a private hauler for recycling, shall submit a certified report of the materials recycled by weight. The hauler must be an approved, fully licensed hauler and the materials must be taken to a NJDEP licensed recycling facility pursuant to N.J.S.A. 40A:11-5(s). The recycling tonnage report must be submitted to the City's recycling coordinator on an annual basis and in a format determined by that person. Failure to submit a report shall be a violation of subsection 23-2.13.
[Ord. No. 09-2884 § 1]
a. 
Commercial/Industrial/Institutional Establishments. Each facility shall provide on-site recycling container(s) for all mandatorily recyclable materials. Such containers must be clearly marked to indicate their purpose and of a size adequate to hold recyclable materials between collections or deposit at collection sites. If located out of doors, the recycling area must be fenced and maintained in an aesthetically pleasing manner.
The owner/operator shall provide notice to employees and customers/clients that recycling is mandatory on the premises, and shall indicate the purpose and location of on-site recycling containers.
The owner/operator shall submit or ensure proper reporting is submitted to the Recycling Coordinator on an annual basis a certified report by a NJDEP approved facility of the materials recycled by weight. The report shall be submitted to the City's Recycling Coordinator no later than sixty (60) days after the end of the calendar year.
All solid waste containers must comply with all Occupational Safety Health Act (OSHA) and American National Standards Institute (ANSI) regulations..
All dumpsters, roll-offs, drop boxes and compactors placed on any site shall be stored inside a constructed enclosure and shall be in good condition (no apparent structural defects) and water tight preventing leaching of fluids.
[Ord. No. 09-2884 § 1]
Property owners shall either:
a. 
Provide on-site recycling containers for all mandatory recyclable materials, and dispose of same or arrange to have them disposed of, or
b. 
Inform leaseholders or occupants of the need to recycle all mandatory recyclable materials.
These requirements shall become mandatory under provisions of the lease since recycling is mandatory in the State of New Jersey (N.J.S.A. 13:1E-99.16 et seq.).
If containers are provided by the property owner, the location and purpose of the recycling containers must be made clear to leaseholders or occupants. The containers must be clearly marked to indicate their purpose and be of a size adequate to hold recyclable materials between collections or deposit at collection sites.
If containers are not provided by the property owner, the leaseholder or occupant must make arrangements for the proper separation and recycling of mandatory items.
The City does not provide curbside pickup of recyclable materials in the CRBD except for collection of corrugated cardboard. Details on where, when and how to recycle corrugated cardboard is provided by the City.
In no instance is a property owner or leaseholder to utilize the City's garbage and recycling bins located curbside to dispose of waste or recycling generated on site. Recycled materials such as commingled containers and commingled paper are to be placed in the commercial recycling bins that the City has provided. Locations of the commercial recycling bins shall be identified in periodic formal notices from the City.
Establishments in the CRBD may obtain from the City a recycling permit for a renewable six (6) month term to use the Summit Recycling Center.
Property owners or leaseholders who arrange for private haulers to remove recyclable materials must submit or ensure proper reporting is submitted to the Recycling Coordinator on an annual basis a certified report by a NJDEP approved facility of the materials recycled by weight. The report shall be submitted to the City's Recycling Coordinator no later than sixty (60) days after the end of the calendar year.
All solid waste containers must comply with all Occupational Safety Health Act (OSHA) and American National Standards Institute (ANSI) regulations.
All dumpsters, roll-offs, drop boxes and compactors placed on any site shall be stored inside a constructed enclosure and shall be in good condition (no apparent structural defects) and water tight preventing leaching of fluids.
[Ord. No. 09-2884 § 1]
The City of Summit may exempt commercial/industrial/institutional establishments within its municipal boundaries from the source separation requirements of this section pursuant to N.J.S.A. 13:1E-99.16d. The mixed waste and recyclables may only be taken to a NJDEP licensed and approved Transfer Station /Materials Recovery Facility pursuant to N.J.A.C. 7:26-1.4. That facility must have the ability to separate out for recycling all mandated recyclables that were commingled with the garbage.
To be considered as eligible for an exemption pursuant to this section, commercial/industrial/institutional establishment's exemptions should be based on specific situations where a generator demonstrates special reasons or situations which support difficulty or inability to source separate. The generator shall complete and file an application for exemption with the City of Summit's Recycling Coordinator using forms provided for this purpose. To be eligible for an exception, the generator must submit the name, location and NJDEP facility number of the Materials Recovery Facility (MRF) that will be used if the exemption is granted. An exemption granted by the municipality shall be granted for a limited period of one (1) year and thereafter the generator shall reapply each year to the municipality for the exemption. If the generator switches haulers the exemption is no longer valid and must be reapplied for. Continuing exemption will be incumbent upon continued compliance of providing written and certified documentation to the City of Summit's Recycling Coordinator on a frequency basis determined upon acceptance of the exemption.
[Ord. No. 09-2884 § 1]
Commercial, institutional and industrial facilities shall document recycling activity for all mandated materials plus any materials recycled which have not been mandated. The documentation shall be reported to the City's Recycling Coordinator and to the Union County Utilities Authority.
Any private organization collecting recyclable materials as set forth in this section shall provide the City of Summit with an annual report as to the volume of materials (tonnage) collected by such organization. The report shall include the name and location of the NJDEP licensed recycling facility where the materials are being delivered. These reports will be utilized by the City in qualifying for credits to the City or meeting requirements which may be authorized or mandated by the State of New Jersey pursuant to any statues, administrative rules or regulations (N.J.S.A. 13:1E-99).
[Ord. No. 09-2884 § 1]
The City and its designees and the County of Union, New Jersey, Office of Health Management are empowered to enforce the provisions of this section. An inspection may occur at any time and may consist of sorting through containers and opening solid waste bags to inspect, by sound or sight, the contents in order to determine the presence of recyclable materials which may be authorized or mandated by the State of New Jersey pursuant to any statues or administrative rules and regulations.
Any recyclable material which is placed for collection in a manner not in compliance with the requirements of this section shall not be collected.
Except as otherwise authorized by this section, it is unlawful for any person, firm or organization to collect, pick up or cause to be collected or picked up, any material identified as being mandatorily recyclable. Any person, firm or organization found guilty of violating the provisions of this chapter is fined an amount not to exceed two thousand ($2000.00) dollars or imprisoned for a period not to exceed ninety (90) days or ninety (90) days of community service. Each day that such a violation exists is deemed to be a separate violation of this section.
[Ord. No. 09-2884 § 1]
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 not less than one hundred ($100.00) dollars, nor more than two thousand ($2,000.00) dollars. Each day for which a violation of this section occurs shall be considered a separate offense, subject to conviction and fines as listed above.
For the first and second failures within a six (6) month period to comply with subsection 23-2.5, a written warning shall be placed on the recycling container, which states "unacceptable material will not be collected and is the responsibility of the generator to properly separate out the material and recycle the mandated recyclable materials pursuant to subsections 23-2.9 to 23-2.11."
Upon the third failure within a six (6) month period to comply with subsection 23-2.5 the minimum penalty, upon conviction of the violation, is a fine of not less than one hundred ($100.00) dollars.
Fines levied and collected pursuant to the provisions of this section shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Trust Fund shall be used exclusively for the expenses incurred by the municipal recycling program, including but not limited to educational materials and the purchase of recycling collection bins.