[HISTORY: 1973 Code §§ 78-1—78-8 as
amended through October 13, 2016. Amendments noted where applicable.]
A.
Residential homes, condominiums, townhouses.
It shall be mandatory for all occupants of homes, condominiums,
and townhouses to separate those materials specified and defined herein
for the purpose of recycling. The materials so designated for recycling
shall be placed for collection by each occupant in the manner provided
for in this chapter. All such materials shall no longer be considered
as solid waste, as defined herein. Any materials placed for solid
waste collection which contain recyclable material will be rejected
for collection as solid waste, and the occupant shall be required
to effect the mandatory separation of recyclable materials.
B.
Commercial, institutional, industrial.
Every commercial, institutional, or industrial facility within
the Borough of North Caldwell, as well as all recycling firms collecting
recyclables from the Borough of North Caldwell establishments must
submit to the Municipal Recycling Coordinator on an annual basis,
on such forms as may be prescribed, all recycling activities at their
premises, including accurate weight slips with the amount of recycled
material, material type collected and recycled, and the vendor or
vendors providing recycling service.
Documentation will be at no charge to the Borough of North Caldwell and must satisfy state requirements for eligibility for state tonnage grants. Documentation for each calendar year must be submitted no later than March 1 of the following year to the Municipal Recycling Coordinator. Anyone not complying shall be subject to the penalties provided in § 78-3B(2).
C.
Multifamily complexes.
All new multifamily housing developments that require subdivision
or site plan approval shall include collection or storage facilities
which allow for the placement and temporary storage of all recyclable
materials required of other borough residences. For the purposes of
this provision, "multifamily housing" shall mean three or more housing
units.
Any application to the Planning Board of the Borough of North
Caldwell for subdivision or site plan approval for the construction
of 25 or more units of multifamily residential housing, single-family
developments of 50 or more units, or any commercial, institutional,
or industrial development proposal for the utilization of 1,000 square
feet or more of land, must include a recycling plan to be compliant.
D.
Summarized List of Mandatory Materials.
(1)
RESIDENTIAL: All homes, condominiums, townhouses, apartments,
trailer parks, etc., including certain housing types considered institutional
(i.e. senior citizen homes) are to recycle the following materials.
There are no de minimum standards based upon amount or weight:
Newspapers
Mixed paper (i.e. junk mail, office paper, all marketable grades)
Old corrugated containers
Glass food and beverage containers
Aluminum beverage containers
Leaves
Used motor oil
White goods
Lead acid batteries (vehicle batteries)
Plastics (#1 to #7)
Steel/Tin Containers
Ferrous Scrap
Poly Board
(2)
COMMERCIAL: All places of business (wholesale, retail,
service, food, transportation, etc.) are included in this sector:
Newspapers
Glass food and beverage containers
Aluminum beverage containers
Leaves
Old corrugated containers
Office paper (all marketable grades)
Used motor oil
White goods
Lead acid batteries (vehicle batteries)
Plastics (#1 to #7)
Steel/Tin Containers
Ferrous Scrap
(3)
INSTITUTIONAL: All government buildings, schools, colleges,
hospitals, clinics, etc. are included in this sector:
Newspapers
Glass food and beverage containers
Aluminum beverage containers
Leaves
Old corrugated containers
Office paper (all marketable grades)
Used motor oil
White goods
Lead acid batteries (vehicle batteries)
Plastics (#1 to #7)
Steel/Tin Containers
Ferrous Scrap
E.
Compliance by nonresidential locations, penalty.
It shall be mandatory for owners, operators and/or their respective
agents of all nonresidential locations to prepare and implement a
program of mandatory recycling for the occupants of said locations.
The program so required by the terms of this chapter shall be subject
to the review and approval of the Mayor and Borough Council to assure
that the goal of mandatory recycling is met by the nonresidential
locations situated in the borough. Any person, firm or corporation
who or which neglects to comply with the provisions for recycling,
as set forth herein, shall be subject to a fine not to exceed $1,000.
Each and every day that a violation of this nature continues shall
be considered a separate offense.
As used in this chapter:
Includes all containers normally used for products for consumer
end-use purposes, typically beverage containers.
The corporations, firms, organizations or individuals who
or which have been awarded contracts by the Borough of North Caldwell
for the collection of solid waste and/or recyclables.
Large items of solid waste which because of their size or
weight cannot be contained in suitable receptacles. Typical items
include but are not limited to furniture, carpeting, mattresses and
bedsprings.
Includes but is not limited to brick, cement, roofing materials,
scrap metals, window glass, wood, tree stumps, logs, branches and
other like materials.
Material 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.
Includes all metal containers made of steel and/or tin (most
commonly food cans), bimetal cans with steel sides and bottoms and
aluminum tops.
Includes all containers and vessels such as bottles, jars,
glasses and jugs made entirely and exclusively of glass. Plate glass,
mirrors and light bulbs are specifically excluded from this definition.
All waste which poses a present or potential danger or threat
to human health, living organisms or the environment. It shall include
waste which is toxic, corrosive, irritating, radioactive, biologically
infectious, explosive or flammable. Included as typical of this waste
are insecticides, acids, cleaning compounds and paint products.
Automobile batteries constructed of a plastic housing, containing
primarily a combination of lead and sulfuric acid. Specifically excluded
are consumer batteries or household batteries.
Natural foliage from deciduous trees and bushes that are
suitable for composting and mulching.
All newspaper, fine paper, bond paper, brown paper, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books, envelopes with or without windows and similar
cellulosic material, whether shredded or whole.
[Ord. No. 4-10]
Includes paper of the type commonly referred to as "newsprint,"
usually of a daily or weekly distribution and availability character
and containing printed matter of public interest and advertisements.
Expressly excluded are magazines and other periodicals, as well as
other paper products of any nature whatsoever, unless delivered or
purchased as newspaper inserts.
White typed, print shop, copier or computer printout paper
and envelopes. Excluded are colored materials used in this regard.
Any containers commonly used for beverages or food.
A process by which specified materials which would otherwise
be discarded as solid waste are separated, collected, processed and
converted into commercially valuable materials or products.
A receptacle, made of plastic, metal or fiberglass, having
handles and a capacity not to exceed 35 gallons. The weight of the
container and its contents shall not exceed 65 pounds.
[Ord. No. 4-10]
All putrescible and nonputrescible materials not otherwise
specifically described in this section.
Rubber tires from automobiles, motorcycles, bicycles and
light-duty trucks, exclusive of rims.
Any crankcase oil recovered as a result of periodic maintenance
of internal-combustion engines.
Appliances such as refrigerators, stoves, washing machines,
dryers, steel or cast-iron plumbing fixtures, dishwashers and water
heaters.
A.
All materials designated by the Borough of North Caldwell as recyclable
shall be separated at the source of generation and recycled in the
manner herein stated. In accordance with a schedule announced by the
Borough of North Caldwell, the following materials will be collected
at curbside in the manner herein set forth.
(1)
Newspaper, mixed paper, corrugated cardboard, and office paper shall
be placed in recycling containers, as defined herein and placed at
the curb for collection at such times as established by the Borough
of North Caldwell.
[Ord. No. 4-10]
(2)
Aluminum containers, ferrous metal, glass and plastic containers
shall be emptied of products and shall be commingled and placed in
recycling containers as defined herein and placed at the curb for
collection at such times as established by the Borough of North Caldwell.
[Ord. No. 4-10]
(3)
Lead-acid batteries shall be delivered to any automobile supply establishment
or service station which accepts used lead-acid batteries.
(4)
Leaves shall be placed at curbside in biodegradable paper bags only
at such times as established by the Borough of North Caldwell.
(5)
Used motor oil shall be delivered to any area service station for
recycling.
(6)
White goods not removed by the seller, installer or deliverer of
new items shall be placed at curbside at such times as established
by the Borough of North Caldwell.
(7)
Construction and demolition debris.
(a)
As a condition to the issuance of any permanent certificate
of occupancy, it shall be mandatory that written proof be submitted
that all construction and demolition debris has been properly recycled.
Written documentation of tonnage of the material recycled shall be
made by accurate weight slips and/or in such form as required by the
Borough Engineer as will satisfy State of New Jersey requirements
for Borough of North Caldwell eligibility for tonnage grants and required
recycling goals.
(b)
Any person, firm or corporation who or which neglects to comply
with the provisions for recycling of construction and demolition debris
shall be subject to a fine not to exceed $1,000. Each and every day
that a violation of this nature continues shall be considered a separate
offense.
B.
Placement of receptacles at curbside; penalty.
(1)
Placement of Receptacles at Curbside; Penalty. No receptacles or
materials should be placed at curbside prior to 4:00 p.m. of the day
before the scheduled collection day, nor shall the receptacle be permitted
to remain in public view beyond 11:30 p.m. of the day collected.
[Amended Ord. No. 5-2016; 9-27-2023 by Ord. No. O-18-2023]
C.
Persons who are incapacitated may request, in writing, for direct
assistance from the Borough of North Caldwell for alternate means
of collection of recyclable materials.
[Ord. No. 4-10]
The Code Enforcement Official, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, and the
Essex County Department of Health are hereby individually and severally
empowered to enforce the provisions of this chapter. An inspection
may consist of, but is not limited to, sorting through containers
and opening of solid waste bags to detect, by sound or sight, the
presence of any recyclable material.
The Borough Administrator is hereby authorized to promulgate
from time to time additional rules and regulations relating to the
separation, preparation, collection and schedule of collection of
the recyclable materials pursuant to the provisions of this chapter;
provided, however, that such rules and regulations shall not be inconsistent
with terms and provisions of this chapter and shall be approved by
resolution of the Mayor and Council. Failure to comply with such rules
and regulations duly adopted pursuant to this chapter shall constitute
a violation of the provisions of this chapter.
From the time of placement by any person of recyclables for
collection by the borough or its authorized agent, such recyclables
shall become the property of the borough or its authorized agent.
It shall be unlawful for any person, firm or corporation not so authorized
by the borough to collect or pick up or cause to be collected or picked
up any such recyclables for any purpose whatsoever. Each such collection
in violation hereof from one or more locations shall constitute a
separate and distinct offense for each location and shall be punishable
as hereinafter provided. Any person violating this section shall be
subject to a fine not to exceed $500.
