[Ord. No. 88-9 § 2]
It is the purpose of this section to comply with the mandatory, State-wide Recycling Program, 1. 1987, c. 102 and the Clean Communities and Recycling Act, N.J.S.A. 13:1E-92 et seq.
[Ord. No. 88-9 § 3; Ord. No. 91-4; Ord. No. 94-10]
As used in this section:
ALUMINUM
Shall mean all products made from aluminum and being used as containers for various matter, and any and all materials known by this term.
CONSTRUCTION AND DEMOLITION DEBRIS
Shall mean source separated nonputrescible recyclable material generated from the construction, alteration and repair, maintenance and/or demolition of structures within the Borough. This material shall include concrete, bricks, block, ferrous and non-ferrous scrap asphalt and asphalt shingles, recyclable wood scrap, and any and all other material generated from the construction, alteration, repair or maintenance of a structure that the municipality may deem recyclable.
CORRUGATED
Shall mean all structural material shaped in parallel furrows and ridges for rigidity, and utilized to construct packaging and shipping containers.
DESIGNATED RECYCLABLE MATERIALS
Shall mean those items designated in Subsection 27-1.4.
FERROUS SCRAP
Shall mean all metal scrap containing steel and/or cast iron.
GLASS
Shall mean and include all products made from silicon or sand, soda ash and limestone (the product being used for packaging or bottling of various matter) and all other material known by this term excluding, however, blue, white and flat glass commonly known as window or plate glass.
HIGH GRADE PAPER
Shall mean white typing and ledger paper, white note pad paper, copier paper, carbonless computer printout, manila tab cards and file folders.
MAGAZINES
Shall mean and include all magazines or periodicals printed on glossy stock or paper or heavier quality than commonly recognized as newsprint.
MIXED PAPER
Shall mean source separated mixture of all types of paper including, but not limited to, corrugated, high grade paper newspaper, magazines, telephone directories, wrapping paper, box board, books, grocery bags and junk mail.
MUNICIPAL SOLID WASTE STREAM
Shall mean all residential, commercial, industrial and institutional solid waste generated within the boundaries of the Borough as measured in tons.
NEWSPAPER
Shall mean and include 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.
PAPER
Shall mean and include all newspaper, high grade office paper, fine paper, bond paper, offset paper, xeroxed paper, mimeo paper, duplicator paper and related types of cellulosic material containing not more than 10% by weight or volume of non-cellulosic material such as laminates, binders, coatings or saturants.
PAPER PRODUCT
Shall mean any paper items or commodities, including but not limited to, paper napkins, towels, corrugated and other cardboard, construction materials, toilet tissue, paper and related types of cellulosic products containing not more than 10% by weight or volume of non-cellulosic material such as laminates, binders, coatings or saturants.
PERSON
Shall mean and include all individuals, partnerships, corporations, owners, tenants, lessees, firms, societies, schools, churches and associations, either profit or non-profit.
PLASTICS
Shall mean and include HDPE/PET containers, and including, but not limited to any container having a capacity of 12 ounces or more and a minimum wall thickness of not less than 0.010 inches used to contain beverages, foods or non-food products and composed of thermoplastic synthetic polymeric material.
RECYCLABLE MATERIAL
Shall mean 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.
RECYCLING
Shall mean any process by which materials which would otherwise become solid waste or collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING COORDINATOR
Shall mean the person appointed and authorized to coordinate the Borough's recycling program and assist with the enforcement of the provisions of this section and the rules and regulations promulgated hereunder.
RECYCLING SERVICES
Shall mean 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 materials.
SOLID WASTE
Shall mean ashes, plastic material, ceramics, blue and flat glass, nonputrescible solid waste, building materials, contaminated paper, appliances, furniture, scrap metal other than aluminum, and other similar products.
TIN CANS
Shall mean steel containers plated with a low-melting, metallic element called "tin," most commonly sealed air tight for containment of foods or beverages. Bi-metal cans are included in the standard co-mingled mix (such as cat food cans with pull tops) and others.
WHITE GOODS
Shall mean used appliances such as refrigerators, washers, dryers and stoves.
YARD REFUSE
Shall mean leaves, grass and hedge clippings, branches and other similar material.
[Ord. No. 88-9 § 4]
There is hereby created the position of Borough Recycling Coordinator. The Recycling Coordinator shall be appointed by the Mayor and Borough Council for a term of one year expiring December 31st of each year. The term of the person first appointed as Recycling Coordinator shall expire December 31st of the year of appointment.
[Ord. No. 88-9 § 5; Ord. No. 91-4; Ord. No. 94-10; Ord. No. 94-20]
The following materials are designated as recyclable:
Residential
Commercial
Ferrous scrap
Ferrous scrap
White goods
White goods
High grade paper
High grade paper
Mixed paper
Mixed paper
Household generated batteries
Construction and demolition debris
[Ord. No. 88-9 § 6]
a. 
Mandatory Separation. It shall be mandatory for all persons who are owners, lessees or occupants of property in the Borough to separate the recyclable materials designated in Subsection 27-1.4 from all other solid waste. The Borough of Elmwood Park will not be required to collect solid waste from any occupant or owner who includes used newspaper, glass or used aluminum cans with their solid waste or does not place and contain the separated items for collection in accordance with this section.
b. 
Newspapers and Magazines. All newspapers and magazines shall be bundled and tied or placed in brown paper bags to insure that they will not be capable of being windblown or distributed in the public streets. The maximum weight of any bundle shall not exceed 30 pounds (approximately 12 inches high). Newspapers or magazines shall not be contained in plastic bags.
c. 
Aluminum. Aluminum shall be separated and secured in suitable reusable containers supplied by the owner, lessee or occupant.
d. 
Glass. Glass shall be separated by color and contained in separate reusable containers supplied by the owner, lessee or occupant. The containers shall not be constructed of paper or cardboard materials and shall be strong enough to insure against puncture.
e. 
All recyclable materials as described in Subsection 27-1.4 shall be placed separately at the curb for collection not earlier than 6:00 p.m. on the day preceding those days to be designated for collection by the Mayor and Borough Council under the rules and regulations promulgated in accordance with the terms hereof.
[Ord. No. 88-9 § 7]
The Mayor and Borough Council shall promulgate reasonable regulations for mandatory separation of recyclables and the manner, dates and times for the collection of same in accordance with the terms of this section. A copy of such regulations as approved, modified or amended shall be available for public inspection at the office of the Borough Clerk during regular office hours.
[Ord. No. 88-9 § 8]
Nothing in this section shall be deemed to prohibit any owner, lessee or occupant of disposing of recyclable materials privately through 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 collection by the Borough in accordance with its normal collection program. Such owner, lessee or occupant, however, shall submit a report to the Recycling Coordinator annually, no later than February 15 of each year, following the effective date of this section, designating the type and tonage of recyclable materials disposed of privately.
[Ord. No. 88-9 § 9]
From the time recyclable materials are placed at the curb by owner, lessee or occupant for collection by the Borough, such recyclable materials shall become the property of the Borough. It shall be a violation of this section for any such person unauthorized by the Borough to collect or pickup or cause to be collected or picked up any such recyclable materials for any purpose whatsoever once placed at the curbside pickup point. Each violation of this section from one or more premises shall constitute a separate and distinct offense and violation, punishable as hereinafter provided.
[Ord. No. 88-9 § 10]
Nothing herein contained shall be construed to limit volunteer, charitable or other organization from conducting newspaper drives. The date, time, place and nature of these collections shall be presented in advance and in writing to the Borough Clerk who shall approve or disapprove the date, time, place and nature of the recycling in accordance with the regulations promulgated.
[Ord. No. 88-9 § 11]
This section may be enforced by the Recycling Coordinator, municipal Department of Health, Police, Engineering and Construction Code Enforcement, Zoning Officer or Assistant Zoning Officer and such other employees or departments of the Borough as designated in writing by the Borough. The Recycling Coordinator in conjunction with the Environmental Commission and subject to the approval of the Borough Council, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, storing, transportation, sale and/or marketing of recyclable materials in order to encourage the preservation of material resources while minimizing the costs of the recycling program to the Borough. Said rules and regulations are subject to change, modification, repeal or amendment by the Borough Council.
[Ord. No. 88-9 § 12; New]
Any person violating or neglecting to comply with any provision of this section or any regulation promulgated pursuant thereof, shall upon conviction thereof be liable to the penalty stated in Chapter 1, § 1-5. As an alternate penalty, anyone convicted under this section may be ordered to perform community services in the recycling program, for a period not to exceed 90 days. Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
[1]
Editor's Note: See also § 27-4, Yard Waste Collection and Disposal Program.
[Ord. No. 90-9 § 1]
As used in this section:
COMMERCIAL PERSONS
Shall mean all other persons whether commercial, apartment or institutional property owners and/or occupants within the Borough.
GRASS
Shall mean grass.
LEAVES
Shall mean those materials naturally formed on trees and bushes and shed annually.
MUNICIPAL SOLID WASTE
Shall mean and include all garbage and rubbish normally placed at the curb by the residents and commercial occupants of the Borough for regular collection.
PERSONS
Shall mean all residential property owners and/or occupants within the Borough.
[Ord. No. 90-9 § 2]
No person or commercial persons who accumulate leaves or grass shall dispose of the same in any manner other than as provided for herein.
[Ord. No. 90-9 § 3]
All leaves and grass shall be separated from municipal solid waste and disposed of separately. The removal of leaves and grass from commercial or residential properties through the normal garbage pickup is strictly prohibited.
[Ord. No. 90-9 § 4]
During those periods of time when the municipal leaf composting or storage facility is open, persons may deliver leaves and grass to this facility in accordance with the regulations established and enforced by the Mayor and Borough Council.
[Ord. No. 90-9 § 5]
Leaves, grass and other vegetative foliage may be retained for composting or mulch on the site from which they were generated, provided such activities are not in violation of health and safety codes of the Borough, County, or State.
[Ord. No. 90-9 § 6]
The owners of cooperative apartments and the owners of the apartments shall provide for the private disposal of leaves and grass separate and apart from the municipal facility, which shall not be available for the disposal of leaves and grass by the owners and/or occupants of cooperatives and/or apartments.
[Ord. No. 90-9 § 7]
Leaves maybe removed from any site within the Borough and disposed of outside of the Borough in any manner consistent with law.
[Ord. No. 90-9 § 8]
This section shall be enforced by the Police Department or the Department of Public Works of the Borough or any other employees of the Borough that shall be designated by the Mayor and Borough Council.
[Ord. No. 90-9 § 9; New]
Any person violating any provision of this section shall, upon conviction thereof, be liable for the penalty stated in Chapter 1, § 1-5.
[1969 Code §§ 34-10 - 34-15]
a. 
Separation of Refuse and Ashes; Receptacle Specifications. Ashes must be entirely separated from all other refuse and contained in metal receptacles so constructed as to prevent the spilling or leaving of its contents; such receptacle shall not be less than 14 inches nor more than 20 inches in diameter, and not less than 16 inches nor more than 26 inches in height.
b. 
Garbage to be Kept Separate; Receptacle Specifications. Garbage must be kept entirely separate from all other refuse and must be placed in a metallic watertight receptacle not less than 10 inches nor more than 15 inches in diameter; not less than eight inches nor more than 18 inches in height; such receptacle to have a separate cover, fitting when in place.
c. 
Filling Restrictions; Placement on Sidewalk. None of the receptacles above mentioned shall be filled within four inches of the top thereof, and must be placed on the sidewalk near the curb, at such time as the remover gives notice he will call for same.
d. 
Duty of Collector to Remove. It shall be the duty of the remover of garbage and ashes to take away the same from each and every residence and business place within the Borough.
e. 
Removal of Empty Receptacles. All such receptacles aforesaid shall be removed from the street within five hours after the same are emptied.
[1969 Code § 34-16A; Ord. No. 85-4]
a. 
No person, firm or organization shall place garbage, newspapers, trash or other refuse at the curb for pick-up prior to 6:00 p.m. of the day before said pick-up is scheduled.
b. 
For purposes of this section, garbage shall be defined as the same as provided in Section 18 of the Sanitary Code of the Board of Health of the Borough of Elmwood Park.
[1969 Code § 34-17]
It shall hereafter be unlawful for any person to dump or deposit any garbage, refuse or other objectionable vegetable or animal matter in or upon vacant lots, sidewalks, streets, avenues or other public places in the Borough.
[1969 Code § 34-18; New]
Any person violating any of the provisions of this section, upon conviction thereof, shall be liable to the penalty stated in Chapter 1, § 1-5.
[1969 Code § 34-19]
It shall be the duty of any person learning of the failure or neglect of the remover to report the same to the Clerk of the Board of Health or the Borough Council.
[Ord. No. 05-35 § I]
The purpose of this section is to establish a yard waste collection and disposal program in the Borough of Elmwood Park, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 05-35 § II]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves, grass clippings, branches, sticks, twigs and limbs.
[Ord. No. 05-35 § III]
Sweeping, raking, blowing or otherwise placing yard waste which is not containerized at the curb or along the street is only allowed 48 hours prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. No. 05-35 § IV]
The provisions of this section shall be enforced by the Elmwood Park Department of Public Works.
[Ord. No. 05-35 § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $100.
[Added 7-19-2018 by Ord. No. 18-18]
No trash pickup shall occur in the Borough prior to 7:00 a.m. and no later than 7:00 p.m. wherein the trash container/dumpster is of a size and/or weight that the trash collector cannot manually lift the container and is required to pick up/lift the container by use of the hydraulics, forks, front end lift, cable lift, etc., on the garbage truck.
The penalty for a violation of this section shall be a minimum fine of $250 and a maximum fine of $1,500 per occurrence, probation at the discretion of the judge and up to 30 days in the Bergen County Jail.
[Added 2-21-2019 by Ord. No. 19-03]
No person shall in the Borough of Elmwood Park discard any upholstered furniture, cushions, carpet, mattresses and the like, without first securely wrapping the aforementioned in plastic before setting out for trash collection.
The penalty for a violation of § 27-6.1 shall be a fine not to exceed the sum of $100 per occurrence.