It is the purpose of this chapter to comply with the mandatory,
state-wide recycling program, L. 1987. Ch. 102 and the Clean Communities
and Recycling Act. N.J.S.A. 13: 1E-92, et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
CONSTRUCTION AND DEMOLITION DEBRIS (C/D) (COMMERCIAL)
Shall mean source separated, nonputrescible recyclable material
generated from the construction, alteration, repair, maintenance and/or
demolition of structures within Bergen County. This material shall
include concrete, bricks, block, ferrous and non-ferrous scrap, asphalt,
asphalt shingles, recyclable wood scrap and any and all other material
generated from the construction, alteration, repair, maintenance and/or
demolition of a structure or structures within Bergen County that
a municipality may deem recyclable.
DESIGNATED RECYCLABLE MATERIALS
Shall mean 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 chapter to be source separated.
DWELLING UNIT
Shall include a one-family home and a two family home.
FERROUS METAL SCRAP
Shall include all items made of steel, cast-iron, tin-plated
steel and white goods (such as stoves and refrigerators).
GLASS
Shall include all products made from silica or sand, soda
ash and limestone (the produce being used for packaging or bottling
of various matter) and all other material known by this term, excluding
however, blue, white, "flat" glass commonly known as window or plate
glass.
HI-GRADE OFFICE PAPER
Shall mean and include white typing and ledger paper, white
note pad paper, copy paper, carbon-less computer printout paper, manila
tab cards and file folders.
MAGAZINES
Shall include all magazines or periodicals printed on glossy
stock or paper of heavier quality than that commonly recognized as
"newsprint."
MUNICIPAL SOLID WASTE STREAM
Shall mean all residential, commercial and institutional
solid waste generated within the boundaries of the borough, as measured
in tons.
NEWSPAPERS
Shall 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, exeroxgraphic 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 material, toilet tissue, paper and related types of cellulosic
products containing not more than 10% by weight or volume of noncellulosic
material such as laminates, binders, coating or saturants.
PERSONS
Shall include all individuals, partnerships, corporations,
owners, tenants, lessees, firms, societies, schools, churches, and
associations, either profit or nonprofit, within the Borough of Englewood
Cliffs.
PLASTIC CONTAINERS
Shall mean containers such as polyethylene terephthalate
(PETE - #1) soda bottles, high-density polyethylene (HDPE - #2), milk,
water or detergent bottles, low density polyethylene (LDPE - #4) containers,
vinyl (V - #3) or polyvinyl chloride (PVC - #5) bottles and rigid
and foam polystyrene (PS - #6).
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.
RECYCLED PAPERS
Shall mean any paper having a total weight consisting of
not less than 50% secondary waste paper materials.
RECYCLING
Shall mean 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
Shall mean 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 materials approved by the department of environmental
protection.
RECYCLING COORDINATOR
Shall mean the person appointed by the mayor and council
who shall be authorized to coordinate the borough's recycling
program and assist with the enforcement of the provisions of this
chapter.
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.
SOURCE SEPARATED RECYCLABLE MATERIALS
Shall mean 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.
STEEL CANS
Shall mean rigid containers made exclusively or primarily
of steel or tin-plated steel and steel and aluminum cans used to store
food, beverages, paint and a variety of other household and consumer
products.
There is hereby created the position of Englewood Cliffs Recycling
Coordinator.
The following materials are designated as recyclable under the
Englewood Cliffs Mandatory Program:
k. Construction and demolition debris.
On or after the effective date of this chapter, it shall be mandatory for all persons who are owners, lessees, and occupants of property in the Borough of Englewood Cliffs, to separate the recyclable materials designated in section
20-4 above from all other solid waste.
Newspapers shall be bundled separately in units not to exceed
30 lbs. in weight and 12 inches in height. Bundles may be placed in
paper bags, string tied, placed in reusable wooden or plastic boxes
or placed at the curb for collection on days and at times in such
a manner, as shall be designated by the recycling coordinator under
rules and regulations promulgated by this chapter.
At the option and expense of persons required to separate newspapers,
newspapers may be brought to the recycling center owned and operated
by the Borough of Englewood Cliffs. In this event, bundling required
in curbside disposal in the above section is waived and subject to
rules and regulations in effect at the recycling site.
Glass shall be separated by color, reasonably rinsed, metal
caps removed. This glass can be placed at curbside in reusable metal
or plastic containers. Aluminum cans shall be reasonably rinsed and
placed at curbside in reusable metal or plastic containers.
Nothing herein contained shall be construed to limit volunteer,
charitable or other organizations from conducting newspaper drives.
The date, time, place and nature of these collections shall be presented
in advance and in writing to the recycling coordinator who shall approve
or disapprove the date, time, place and nature of the collection in
accordance with regulations promulgated by the recycling coordinator.
At the option and expense of persons required to separate newspapers,
other methods of lawful disposal such as sale to other recycling centers,
may be utilized provided that in no event shall newspapers be disposed
of as part of solid waste.
The borough shall establish a buy back program whereby persons
may bring their recyclables to the center for redemption of cash.
Collection of ferrous metal material, including domestic or
household bulky items such as washing machines, refrigerators, stoves,
household appliances, tires, and other household furnishings, shall
not be placed at the curb for collection unless special arrangements
have first been made with the department of public works.
Collection from curbside of recyclable materials shall be made
by borough employees or by contract for outside services, as directed
by the Mayor and Council of the Borough of Englewood Cliffs, with
primary administrative supervision under the control of the recycling
coordinator.
The recycling coordinator may be authorized from time to time
to sell and deliver, by bid or by contract approved by the mayor and
council, recyclable materials so collected in order to obtain the
best possible price.
Nothing in this chapter shall be deemed to prohibit any owner,
lessee or occupant of disposing of 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 pick-up and further
provided that in no event shall any recyclable materials be disposed
of as part of the solid waste pick-up by the Borough of Englewood
Cliffs in accordance with the normal pick-up by the Borough of Englewood
Cliffs.
From the time recyclable materials are placed at the curb by
the owner, lessee or occupant for collection by the Borough of Englewood
Cliffs such recyclable materials shall become the property of the
borough. It shall be a violation of this chapter for any person unauthorized
to collect or pick-up or cause to be collected or picked up any such
recycling materials for any purpose whatsoever once the same has been
placed at the curb. Any and each such collection in violation hereof
from one or more premises shall constitute a separate and distinct
offense punishable as hereinafter provided.
The recycling coordinator shall annually submit a recycling
tonnage report to the New Jersey Office of Recycling.
The recycling coordinator, no later than December 31, 1987,
shall notify all persons owning, leasing or occupying property within
the Borough of Englewood Cliffs of the borough's recycling opportunities
and the source separation requirements of this chapter. This notice
shall be done by placing an advertisement in a newspaper circulating
in the Borough of Englewood Cliffs 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.
Every six months after the initial notification, the recycling
coordinator shall notify all persons occupying residential commercial
and institutional premises within the Borough of Englewood Cliffs
of local recycling opportunities and the source separation requirements
of this chapter. Said notification shall be done by placing an advertisement
in a newspaper circulation in the Borough of Englewood Cliffs and
by posting by the borough.
This chapter shall be referred to the Planning Board of the
Borough of Englewood Cliffs 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 25 or more units
of single family 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 amendments to the borough's zoning ordinance and
subdivision and site plan ordinance in accordance with this section.
The recycling coordinator, department of health, superintendent
of the department of public works, or a designee thereof, and police
department are hereby authorized and directed to enforce this chapter.
The recycling coordinator is hereby authorized and directed to establish
and promulgate reasonable regulations as to the manner, days and times
for the collection of recyclable materials in accordance with the
terms hereof; said rules and regulations are subject to change, modification,
repeal or amendment by majority vote of the mayor and council.
Any person, firm or corporation violating the provision of this chapter shall be liable to a maximum penalty at the discretion of the Judge of the Municipal Court of the Borough of Englewood Cliffs for not more than $25 for the first offense, not more than $50 for a second offense, and not more than $100 for each and every subsequent offense; excepting that a person violating section
20-11 of this chapter shall be liable to a maximum fine of $100 for the first offense thereof.
[Ord. #9412, § II; Ord. #12-18; Ord. #13-01; Ord. No. 2014-07]
Provisions of Ordinance 92-01, as amended, are hereby incorporated
herein such that prior to the demolition, construction or renovation
of any structure pursuant to N.J.A.C. 5:23-2.17 or other applicable
regulation, person, firm or entity making such application, shall
obtain a permit from the construction official, which charges shall
be as follows:
a. The dumpster permit fee for new construction shall be $100 and will
be valid for one year.
b. The dumpster permit fee for renovations or for any other purpose
shall be $100 and will be valid for six months.
c. The permit fee for Pods® shall be
$100 and shall be valid for six months and nonrenewable. Said Pods® shall be permitted to be placed only in the driveway.
These charges shall be paid by the person actually requesting
the dumpster and/or Pod to be placed on the property.
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Any person, entity or business disposing of refrigerators or
air conditioning units shall hereinafter be charged the sum of $15,
representing the cost of removal of noxious substances during the
recycling procedure. The recycling coordinator shall collect the $15
charge per appliance, which shall be utilized by the borough to offset
the cost of the environmental procedure and which is charged to the
borough.
Any person, business or entity falling to comply with the payment requirements as set forth above shall be liable, in accordance with Chapter
20, section
20-17 of the Revised General Ordinances of the Borough of Englewood Cliffs.
The purpose of this section is to establish requirements to
control littering in the Borough of Englewood Cliffs, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
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.
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is only allowed
during the seven days 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.
The provisions of this section shall be enforced by the police
department or the superintendent of the department of public works
or his designee of the Borough of Englewood Cliffs.
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 $250.