[HISTORY: Adopted by the Mayor and Council of the Borough
of Montvale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-14-1955 by Ord. No. 391 (Ch.
46, Art. I, of the 1966 Code)]
The purpose of this article shall be to promote
the public health, safety, convenience and general welfare of the
municipality.
In an interpretation of this article, the following
words and phrases, unless the context shows another sense to be intended,
shall be held to have the meaning hereinafter stated:
Ashes from coal or other fuel.
The refuse or residue of animal or vegetable matter which
has been used as food for man or beast and all refuse animal or vegetable
matter. It shall include fowl manure, decayed vegetables, fruit or
any condemned food.
Newspapers, periodicals, cardboard and all wastepaper.
All miscellaneous matter, such as bottles, rags, mattresses,
worn-out furniture, old clothes, old shoes, broken glass, leather,
carpets, crockery, metal, rubber, cut grass, leaves, tree branches,
lumber and any materials that may accumulate as the result of building
operations.
All material resulting from the prosecution of any business,
trade or industry.
It shall be unlawful for any person to dump
or otherwise deposit garbage, rubbish material, paper, trade wastes,
ashes or ashes mixed with any materials or any other refuse or discarded
materials or other substance upon any public or private street, place
or property, public or private, vacant or occupied, within the Borough
of Montvale.
It shall be unlawful for any person to permit
any garbage, rubbish material, paper, trade wastes, ashes, stone,
rock, dirt, soil, oil or any other substance, liquid or solid, to
fall, spill, escape or leak on any public street from any truck, cart,
wagon, tank or other vehicle or container in which the same shall
be carried, transported or conveyed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
If any article, section, subsection, sentence,
clause or phrase of this article is for any reason held to be unconstitutional
or invalid such decision shall not affect the remaining portions of
this article.
This article shall take effect when passed,
approved and published as required by law.
[Adopted 1-12-1988 by Ord. No. 87-853 (Ch.
89 of the 1966 Code)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It is the purpose of this article to comply
with the New Jersey Statewide Mandatory Source Separation and Recycling
Act, Public Laws of 1987, Chapter 102.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et
seq.
[Amended 4-12-1988 by Ord. No. 88-855; 6-12-1994 by Ord. No.
94-969]
As used in this article, the following terms
shall have the meanings indicated:
Food and beverage containers made entirely of aluminum.
A petroleum-based or synthetic oil which, through use, storage
or handling, has become unsuitable for its original purpose due to
the presence of impurities or loss of original properties. "Automotive
waste oil" includes used oil from autos, lawn mowers and motorcycles.
Nonrechargeable alkaline: commercial alkaline AAA, AA, C,
D, 9-volt and lantern size; rechargeable alkaline. Also available
in common cell sizes AAA, AA, C, D and 9-volt; button cells; silver
oxide, lithium, zinc air and alkaline-manganese.
[Added 12-13-1994 by Ord. No. 94-986; amended 9-27-2012 by Ord. No. 2012-1363]
Batteries from automobiles, trucks, other vehicles and machinery
and equipment. This does not include consumer (household) batteries.
Branches and wood chips generated from residential and institutional
sources (e.g., storm damage and pruning activities).
Those designated recyclable materials which may be disposed
of together in a common reusable receptacle. These shall include aluminum
cans, glass containers, bimetal (tin) cans, PET beverage containers
and plastic bottles. Glass containers shall not be broken.
[Amended 9-27-2012 by Ord. No. 2012-1363]
A biodegradable, two-ply, wet-strength-treated, recyclable
paper or corn silk bag which can be placed or added directly to a
compost pile.
Asphalt or asphalt-based roofing shingles, concrete, brick,
cinder block, ceramic materials, stones, other masonry materials and
paving materials. Note: This material must be recycled at a registered,
exempted or pending Class B recycling facility. Contact the Recycling
Coordinator for a list of registered facilities.
Waste building material and refuse resulting from construction,
remodeling and repair operations on houses, commercial buildings and
other structures.
Containers and similar paper items usually used to transport
supplies, equipment parts or other merchandise.
All products made of metal, excluding aluminum, including
heavy iron, white goods and light iron.
Food plate wastes and food processing wastes. "Food processing
wastes" include food processing vegetative waste (material generated
in trimming and reject sorting operations from the processing of fruits
and vegetables in canneries and similar industries, e.g., tomato skins,
pepper cores, bean snips, cranberry hulls), food processing residuals
and animal processing wastes. If the material is transported and processed
as animal feed, it should be identified as such.
All products made from silica or sand, soda ash and limestone
which are transparent or translucent and used for packaging or bottling
of various matter, including food or beverages, and all materials
commonly known as "glass," excluding, however, blue and flat glass
commonly known as "window glass" or "plate glass."
Grass clippings derived from the mowing of lawns or other
grassy areas.
All ferrous scrap, structural steel or cast-iron components.
White typing and ledger paper, white notepad paper, copier
paper, carbonless computer printout paper, manila tab cards and file
folders.
Leaves and other yard debris, excluding grass and brush,
from residential, institutional, commercial or industrial sources.
Includes any other nonhazardous material which would otherwise
be classified as solid waste and is not otherwise defined in this
section and documented as being recycled. Examples include but are
not limited to furniture, carpeting and padding.
Any and all types of office-type paper, including but not
limited to carbonless computer printout paper, high-grade white paper,
typing paper, copier paper, onionskin, tissue paper, notepad, envelopes,
manila folders and colored paper, or any mix thereof.
All paper marketed as newsprint or newspaper and containing
at least 70% newsprint or newspaper (American Forrest and Paper Association
Grade Nos. 6, 7 and 8 news).
All noncontainer aluminum, stainless steel, copper, zinc,
brass and other metals which generally do not rust.
All noncontainer glass, such as plate glass, drinking glasses
and automotive glass.
All paper which is not defined as corrugated, mixed office
paper, computer paper or newspaper. Examples are as follows: magazine
stock, telephone directories, wrapping paper, chipboard, books, papers
coated with plastic, film or foil, paper contaminated with food and
grocery bags.
Hermetically sealed or airtight containers with a metal or
plastic cap, with a minimum wall thickness of not less than 0.010
inch and composed of thermoplastic synthetic polymeric materials.
Containers such as polyethylene terephthalate (PETE No. 1)
soda bottles, high-density polyethylene (HDPE No. 2) milk, water or
detergent bottles, low-density polyethylene (LDPE No. 4) containers,
vinyl (V No. 3) or polyvinyl chloride (PVC No. 5) bottles and rigid
and foam polystyrene (PS No. 6).
A carter which holds a tariff from the New Jersey Board of
Public Utilities or license from the New Jersey Department of Environmental
Protection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The area designated by the Borough as such where designated
recyclable materials may be disposed of in the appropriate receptacles
provided. The recycling center is located in an area at the rear of
the Senior Community Center.
[Amended 9-27-2012 by Ord. No. 2012-1363]
Those receptacles used to place commingled recyclable materials
at curbside for disposal. These receptacles shall be a reusable type
(aluminum, plastic or metal) with a capacity no larger than 30 gallons.
[Amended 9-27-2012 by Ord. No. 2012-1363]
Crushed or shredded automobile or truck bodies excluding
auto shredder residue or fluff.
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.
Unfinished wood from commercial land clearing activities.
Note: This material must be recycled at a registered Class B recycling
facility.
[Amended 9-27-2012 by Ord. No. 2012-1363]
All appliances such as washers, dryers, refrigerators, stoves,
hot-water heaters, tire rims, springs, bicycles, bimetal cans (tin
cans) or scrap metal, as well as products made from sheet iron, such
as shelving, file cabinets, metal desks, recycled or reconditioned
steel drums and other nonstructural ferrous scrap.
Finished or unfinished lumber from construction or demolition
projects. Included in this definition are telephone poles, railroad
ties and wooden pallets. Note: This material must be recycled at a
registered facility. Contact the Recycling Coordinator for a list
of registered facilities.
[Amended 9-27-2012 by Ord. No. 2012-1363]
Brush, branches, twigs and thatch.
A.
The position
of Recycling Coordinator is hereby created and established within
the Borough of Montvale.
B.
The Recycling
Coordinator shall be appointed by the governing body for a term of
one year expiring December 31 of each year. The term of the person
first appointed as Recycling Coordinator shall expire December 31
of the year of that person's appointment.
C.
The Recycling
Coordinator, subject to the approval of the governing body, shall
establish and promulgate reasonable rules and regulations as to the
manner, days and times for the collection, storage, transportation,
sale and/or marketing of said recyclable materials in order to encourage
the preservation of material resources while minimizing the cost of
the recycling program to the Borough of Montvale.
D.
The Recycling
Coordinator shall annually submit a recycling tonnage report to the
New Jersey Office of Recycling and other such reports required by
the Bergen County Utilities Authority.
[Amended 4-12-1988 by Ord. No. 88-855; 5-8-1990 by Ord. No.
90-900; 6-12-1994 by Ord. No. 94-969]
A.
Designation of
recyclable materials.
[Amended 12-13-1994 by Ord. No. 94-986; 5-12-2009 by Ord. No.
2009-1302]
(1)
Mandatory.
The following are identified as mandatory materials:
(a)
Aluminum
cans.
(b)
Glass
containers.
(c)
Leaves.
(d)
Grass.
(e)
Newspapers/magazines.
(f)
Ferrous
scrap.
(g)
White
goods.
(h)
Plastic
bottles.
(i)
PET beverage
containers.
(j)
Bimetal
(tin) cans.
(l)
Yard waste.
(m)
Household
batteries.
(n)
Construction and demolition
debris (concrete, brick, tree parts, nonferrous/ferrous metal, asphalt,
corrugated cardboard, where practical).
(o)
Corrugated cardboard.
(p)
Mixed paper.
(q)
Types 1 and 2 plastic
containers.
B.
Separation, collection
and disposal methods of designated recyclable materials.
(1)
Commingled
recyclable materials, including aluminum cans, glass, bimetal (or
tin) cans, PET beverage containers, plastic bottles and Types 1 and
2 plastic containers shall be separated from other household waste
and trash and placed in a common reusable container for curbside collection.
The reusable container shall be placed at curbside twice a month,
on designated days, to be collected by the Borough scavenger. Commingled
recyclable materials may also be disposed of in receptacles provided
at the municipal recycling center during posted hours of operation.
Glass containers shall not be broken.
[Amended 5-12-2009 by Ord. No. 2009-1302]
(2)
Automotive
waste oil is no longer accepted for recycling either curbside or at
the municipal recycling center.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Ferrous scraps
and white goods shall be separated at curbside for collection after
special arrangements have been first made with the scavenger. Disposal
may also be made in the receptacles provided at the municipal recycling
center.
[Amended 9-27-2012 by Ord. No. 2012-1363]
(4)
Grass shall
be placed in a can, leaf bags of a specific type designated by the
Municipal Recycling Coordinator or reusable containers and placed
at curbside the evening before the first scheduled garbage pickup
each week, during the months of April 1 through October 15.
[Amended 9-27-2012 by Ord. No. 2012-1363]
(5)
Leaves shall
be placed in bags of a specific type designated by the Municipal Recycling
Coordinator and placed at curbside the evening before the scheduled
pickup each week, during the months of October 15 through December
31. Bagged leaves shall be collected by the Borough scavenger.
[Amended 9-27-2012 by Ord. No. 2012-1363]
(6)
Newspapers/magazines
shall be separated, secured and tied in bundles not to exceed 15 inches
in height. Such bundles shall not be contained in plastic bags. These
bundles shall be placed at curbside twice a month, on designated days,
to be collected by the Borough scavenger. Bundles of newspaper/magazines
may also be disposed of in receptacles provided at the municipal recycling
center.
(7)
Yard waste
shall be placed in bags of a specific type designated by the Municipal
Recycling Coordinator or reusable containers and placed at curbside
the evening before the scheduled pickup each week, during the months
of April 1 through January 30.
[Amended 9-27-2012 by Ord. No. 2012-1363]
(8)
Townhouse and apartment residents shall place mandatory recyclable items described in § 332-11B(1) in designated areas within the respective complex for collection purposes. Newspapers/magazines must be bundled as described in Subsection C(6) above. Townhouse and apartment residents may also dispose of recyclable materials in receptacles provided at the municipal recycling center during posted hours of operation.[3]
[3]
Editor's Note: Original § 89-4C(9) of the 1966 Code,
regarding the disposal of household batteries, added 12-13-1994 by
Ord. No. 94-986, which immediately followed this subsection, was repealed
9-27-2012 by Ord. No. 2012-1363.
C.
Set-out time.
For collection pursuant to a schedule announced by the Borough of
Montvale, all approved containers must be placed at the curbline where
easily accessible. No containers shall be set out prior to 5:00 p.m.
on the day prior to collection, and all containers shall be removed
by 8:00 p.m. on the collection day. When a regular collection day
falls on a legal holiday, containers shall not be set out until the
next regularly scheduled collection unless special announcement of
collection is made by the Borough.
D.
Solid waste wrapped
in newspaper permissible. Anything herein to the contrary notwithstanding,
any person who is an owner, lessee or occupant may wrap solid waste
in used newspapers and discard the same with regular solid waste.
E.
Procedure upon
refusal to collect. Any solid waste placed for collection by a residential
user not in accordance with this section will be refused by the municipal
collector, and it shall be the responsibility of the residential user
to remove said solid waste from the curbline by 8:00 p.m. on the day
of collection and have it properly containerized, packaged or secured
for purposes of collection on the next schedule date.
F.
Washing aluminum,
glass and plastic containers. All aluminum, glass, bimetal and plastic
food containers must be washed and rinsed to be free of food residue
before placing at curbside.
[Amended 9-27-2012 by Ord. No. 2012-1363]
[Amended 6-12-1994 by Ord. No. 94-969]
A.
Designation of recyclable materials.
[Amended 5-12-2009 by Ord. No. 2009-1302]
(1)
Mandatory. The following are identified as mandatory
recyclable materials:
B.
Separation, collection and disposal methods of designated
recyclable materials.
[Amended 5-12-2009 by Ord. No. 2009-1302]
(1)
Aluminum containers shall be disposed of by a private
scavenger or in receptacles provided at the municipal recycling center
with prior authorization by the Municipal Recycling Coordinator.
[Amended 9-27-2012 by Ord. No. 2012-1363]
(2)
Automotive waste oil shall be separated and disposed
of by either a private scavenger or disposed of in receptacles provided
at the municipal recycling center with prior authorization by the
Municipal Recycling Coordinator.
(3)
Corrugated cardboard shall be separated and disposed
of by a private scavenger.
(4)
Ferrous scrap shall be separated and disposed of
by a private scavenger.
(5)
White goods shall be separated and disposed of
by a private scavenger.
(6)
Food waste shall be separated and disposed of by
a private scavenger.
(7)
Glass containers shall be disposed of by either
a private scavenger or disposed of in receptacles provided at the
municipal recycling center with prior authorization by the Municipal
Recycling Coordinator.
(8)
High-grade office paper shall be separated and
disposed of by a private scavenger.
(9)
Leaves shall be separated and disposed of by a
private scavenger.
(10)
Mixed paper shall be separated and disposed of
by a private scavenger.
(11)
Construction and demolition debris shall be separated
and disposed of by a private scavenger.
(12)
Plate glass shall be separated and disposed of
by a private scavenger.
(13)
Newspapers may be separated and disposed of by
either a private scavenger or disposed of in receptacles provided
at the municipal recycling center with prior authorization by the
Municipal Recycling Coordinator.
(14)
Types 1 and 2 plastic containers shall be separated
and disposed of by a private scavenger.
C.
Registration
requirements. It shall be the responsibility of all owners, lessees
and occupants of business and/or commercial properties to register
annually with the Municipal Recycling Coordinator on forms provided
by the Borough. The annual registration must be filed with the Recycling
Coordinator on or before January 10 of each year. New businesses and/or
commercial properties must file within 45 days of the issuance of
a certificate of occupancy.
D.
Reporting requirements.
It shall be the responsibility of owners, lessees and occupants of
business and/or commercial properties to report annually to the Recycling
Coordinator on or before March 1 the quantities and types of materials
recycled.
[Amended 9-27-2012 by Ord. No. 2012-1363]
E.
Exemptions. Exemption
from the mandatory municipal recycling program may be requested by
any owner, lessee or occupant of business and/or commercial properties
of the Recycling Coordinator. A request for exemption must be made
in writing on the prescribed form and submitted to the Recycling Coordinator.
F.
Private scavenger
contracts. If the commercial user is either unable or unwilling to
secure a market and collector for designated mandatory recyclable
materials, the Borough of Montvale, through its Recycling Coordinator,
may secure such markets and enter into contracts on behalf of the
commercial user for the collection and disposal of designated recyclable
materials; provided, however, that the commercial user shall be responsible
for any and all expenses associated with said contract.
A.
Effective May
1, 1988, it shall be mandatory for all private, public and governmental
institutions and buildings to separate high-grade office paper produced
by such institutions for private collection and the ultimate recycling
of materials. High-grade office paper (mandatory) shall be separated
and disposed of by a private scavenger.
B.
Private scavenger
contracts. If the institutional user is either unable or unwilling
to secure a market and collector for designated mandatory recyclable
materials, the Borough of Montvale, through its Recycling Coordinator,
may secure such markets and enter into contracts on behalf of the
institutional user for the collection and disposal of designated recyclable
materials; provided, however, that the institutional user shall be
responsible for any and all expenses associated with said contract.
Nothing in this article shall be deemed to prohibit
any owner, lessee or occupant of residential property 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 pickup and further provided that in no event shall
any such recyclable materials be disposed of as part of the solid
waste pickup by the Borough of Montvale in accordance with the normal
pickup by the Borough of Montvale.
[Added 10-11-2011 by Ord. No. 2011-1349]
A.
Purpose and intent. The purpose
of this section is to regulate the use of the Borough of Montvale
recycling center by Montvale residents and to provide a mechanism
for enforcement of such regulations.
[Amended 7-31-2012 by Ord. No. 2012-1359; 9-27-2012 by Ord. No.
2012-1363]
B.
Hours of operation. The hours
of operation of the Montvale recycling center shall be Wednesday,
8:00 a.m. to 3:00 p.m., and Saturday, 8:00 a.m. to 3:00 p.m., or as
otherwise approved by resolution of the Mayor and Council.
C.
Use by Montvale residents permitted.
Montvale residents may dispose of all household-generated designated
recyclable materials originating within the Borough of Montvale at
the recycling center during the facility's hours of operation. Disposal
of nonrecyclable waste is not permitted. Residents may also take available
mulch on a first-come, first-served basis for personal, noncommercial
use.
[Amended 7-31-2012 by Ord. No. 2012-1359; 9-27-2012 by Ord. No.
2012-1363]
D.
Use by nonresidents prohibited.
Individuals who are not residents of the Borough of Montvale shall
not be permitted to dispose of any designated recyclable materials
or household waste at the recycling center, nor shall such individuals
be permitted to take mulch from the facility.
[Amended 7-31-2012 by Ord. No. 2012-1359; 9-27-2012 by Ord. No.
2012-1363]
E.
Commercial use of mulch prohibited.
Individuals who are permitted by this section to take mulch from the
recycling center for personal use shall not be permitted to take such
mulch for the purpose of or with the intent to resell said mulch,
whether to Borough residents or businesses or otherwise.
[Amended 7-31-2012 by Ord. No. 2012-1359; 9-27-2012 by Ord. No.
2012-1363]
F.
Proof of residency required.
Individuals may be required to produce a driver's license or other
proof of residency in order to demonstrate that they are residents
of the Borough of Montvale. Failure to provide such proof upon request
by the Recycling Coordinator or his or her designee shall be deemed
a violation of this section.
[Amended 7-31-2012 by Ord. No. 2012-1359; 9-27-2012 by Ord. No.
2012-1363]
G.
Use of commercial vehicles by
or on behalf of Borough residents is not permitted.
[Amended 7-31-2012 by Ord. No. 2012-1359; 9-27-2012 by Ord. No.
2012-1363]
H.
Regulations. The Recycling Coordinator
shall be responsible for oversight and management of the recycling
center and shall be permitted to adopt such rules and regulations
as he or she deems necessary for the efficient operations of the Center.
From the time recyclable materials are placed
at the curb by the owner, lessee or occupant for collection by the
Borough of Montvale, such recyclable materials shall become the property
of the Borough. It shall be a violation of this article for any person
unauthorized to collect or pick up or cause to be collected or picked
up any such recyclable 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.
A.
The Recycling
Coordinator, no later than March 31, 1988, shall notify all persons
owning, leasing or occupying property within the Borough of Montvale
of the Borough's recycling opportunities and the source separation
requirements of this article. This notice shall be done by mailing
all postal patrons within the Borough and by posting a notice in public
places where public notices are customarily posted by the Borough.
B.
Every six months,
in June and December, after the initial notification, the Recycling
Coordinator may notify all persons owning, leasing or occupying residential,
commercial and institutional premises within the Borough of Montvale
of local recycling opportunities and the source separation requirements
of this article. Said notification may be done in a mailing to all
postal patrons within the Borough or by posting a notice in public
places where public notices are customarily posted by the Borough.
The quarterly Montvale newsletter or Borough website may be used for
this notification.
[Amended 9-27-2012 by Ord. No. 2012-1363]
A.
This article shall be referred to the Planning Board of the Borough of Montvale 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 50 or more units of single-family residential housing or 25 or more units of multifamily 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 Chapter 400, Zoning, and Chapter 350, Subdivision of Land, in accordance with this section.
B.
The governing
body shall adopt the required revisions to the Master Plan no later
than 30 days from the effective date of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The enforcement of the provisions of this article
shall be the responsibility of the Recycling Coordinator, Health Officer,
registered Environmental Health Specialist, Zoning Officer and Departments
of Police and Public Works. The responsibility of monitoring the program
for the adequacy of the collection and all other terms of the established
rules and regulations is that of the Recycling Coordinator.
A.
Any person, firm
or corporation who violates or neglects to comply with any provisions
of this article or any rule or regulation promulgated pursuant thereto
shall be punishable, upon conviction thereof, by a fine and/or penalty
as provided below:
(1)
First offense:
a fine of $25.
(2)
Second offense:
a fine of $50.
(3)
Third offense:
a fine of $100 or, as an alternate penalty, a convicted person may
be ordered to perform community service in the recycling program for
a period not to exceed 25 man-hours of labor.
(4)
Fourth and
each subsequent offense: a fine of $500 or, as an alternate penalty,
a convicted person may be ordered to perform community service in
the recycling program not to exceed 90 days (the equivalent of 720
man-hours of labor) and/or up to 90 days in jail.
B.
Each day such
violation or neglect is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such.
C.
Fines levied
and recovered for noncompliance with any and all provisions of this
article shall be transmitted monthly by the Court Clerk to the Borough
Treasurer and placed in the current fund and recorded as a "dedication
by rider" to be utilized for the purpose of the Borough's recycling
program to include, but not be limited to, education, awareness and
improvement in services, in accordance with the provisions of N.J.S.A.
40A:4-39.
If any section, sentence or any other part of
this article is adjudged unconstitutional or invalid, such judgment
shall not affect, impair or invalidate the remainder of this article
but shall be confined in its effect to the section, sentence or other
part of this article directly involved in the controversy in which
such judgment shall be rendered.
All ordinances or parts of ordinances which
are inconsistent with the provisions of this article are hereby repealed
to the extent of such inconsistency.
This article shall take effect on May 1, 1988,
following publication of the same as provided by law.
