[Ord. No. 920 § 1]
ASHES
Shall mean and include the residue from the burning of solid fuels and other combustible materials in homes, stores, institutions and commercial establishments.
GARBAGE
Shall mean and include offal and refuse of animal and vegetable matter which has been used or was intended for use as food for man or beast, including condemned foods, spoiled meat, fish, fowl, vegetables, fruits, birds, small dead animals and oyster and clam shells, also excrement and offal of pets if separately and securely wrapped.
[Amended 10-6-2022 by Ord. No. 22-17]
GARDEN REFUSE
Shall mean and include Christmas trees, small branches of trees two inches or less in diameter, hedge, bush and vine trimmings, stalks of vegetable and flower plants, grass in any form, weeds, dirt, small stones and similar material usually found in residential yards, excepting leaves in bulk.
INDUSTRIAL WASTE
Shall mean and include bulk quantities of ashes, rubbish and other solid waste products resulting from industrial processes and manufacturing operations including printing plants.
MIXED REFUSE
Shall mean and include solid wastes consisting primarily of garbage, rubbish, ashes, garden refuse and solid commercial wastes, but excluding industrial wastes and trash.
RUBBISH
Shall mean and include waste products generally found in and about residences and places of business such as paper, rags, wooden boxes or crates, cans, bottles, crockery, metals, stones, plaster, dirt and waste materials, but excluding appliances, furniture, equipment and fixtures and other wastes which cannot be fitted readily into the standard ash can or tied into bundles of three feet maximum dimension.
SOLID COMMERCIAL WASTE
Shall mean and include garbage, ashes, rubbish and other solid waste products generally found around stores and business establishments.
TRASH
Shall mean and include bric-a-brac, household furnishings, fixtures and appliances, household equipment, doors, screens, bicycles, playground equipment and apparatus of all kinds and any other rubbish which has been delivered by local residents from their homes to the Borough Transfer Station.
[Ord. No. 920 § 2; amended 10-6-2022 by Ord. No. 22-17]
a. 
The owner, agent, lessee, tenant or occupant of every dwelling or other premises where refuse accumulates shall provide and keep on such premises sufficient and suitable receptacles, with tight-fitting covers, for receiving and holding the aforesaid refuse, and which receptacle shall not hold over 60 pounds in garbage and trash.
1. 
"Sufficient" is defined for the purpose of this section to be at least one receptacle for each family unit or other occupant of premises and at least two such receptacles for each restaurant, market, store, or similar business establishment where the aforesaid refuse shall accumulate.
2. 
"Suitable" is defined for the purpose of this section to be a watertight metal or plastic receptacle with a tight-fitting cover, so constructed as to prevent spilling or leakage of its contents.
b. 
The owner, agent, lessee, tenant or occupant of every dwelling or other premises where refuse accumulates shall locate containers for pickup at ground level, and not within the confines of any building, in order that ready access is provided for the Borough scavenger.
c. 
The owner, agent, lessee, tenant or occupant of every dwelling or other premises where refuse accumulates shall maintain all materials ready for pickup in a neat and orderly manner, and properly wrapped, packed and completely drained of all liquids and placed in a receptacle.
d. 
The owner, agent, lessee, tenant or occupant of every dwelling or other premises where refuse accumulates shall dispose of materials which are not the responsibility of the Borough by virtue of the existing scavenger contract or other system in effect for the removal of garbage and trash.
e. 
Receptacles that are badly broken or otherwise fail to meet the requirements of this section may be classed as refuse and collected and disposed of as such by the person or agency responsible for the collection of refuse.
f. 
Receptacles shall be conveniently located on-premises for storage of refuse and maintained in such manner as to prevent creation of a nuisance or menace to public health.
g. 
Receptacles shall be promptly emptied and/or removed upon closure of a business or a change in tenancy.
[Ord. No. 920 § 3]
The Recycling and Convenience Center shall be operated by the Borough for the local collection of articles not removed from the Tenafly properties by the Borough scavenger. That Recycling and Convenience Center shall be open only to residents of the Borough of Tenafly at the times and under the conditions prescribed by the Mayor and Borough Council; provided, however, that in no case shall the Recycling and Convenience Center be used for the collection of building or other construction materials and debris.
[Ord. No. 920 § 4]
Special collections, such as clean-up week, shall be provided by the Borough through its scavenger contract. In addition thereto, certain articles not required to be removed by the Borough scavenger may be removed by the Borough scavenger upon the payment of certain scheduled fees in the manner prescribed by the Mayor and Borough Council, who shall also approve the rates to be charged by the Borough scavenger. Nothing in this section shall be deemed to prohibit any person from arranging with a private scavenger or independent contractor for the removal of any items, provided the same does not involve the use of the Borough transfer station.
[Ord. No. 920 § 5]
The Mayor and Borough Council shall provide, by the promulgation of rules and regulations, more detailed limitations or restrictions on the removal of garbage, trash and similar materials covered by this section, and shall, upon the entering of a new contract for scavenger service, promulgate copies of those rules and regulations to all prospective users of the service.
[Ord. No. 920 § 6; amended 10-6-2022 by Ord. No. 22-17]
Any residential or commercial property owner and/or tenant is prohibited to permit open or overflowing garbage or waste disposal bins on his/her property.
[Ord. No. 920 § 7]
Nothing herein contained shall be construed to affect, alter, change or modify any rules, regulation or ordinance of the Board of Health.
[Added 10-6-2022 by Ord. No. 22-17[1]]
The storage, collection or disposal of refuse in violation of any provision of this chapter is hereby declared to be a nuisance and detrimental to public health.
[1]
Editor's Note: This ordinance also renumbered former subsection 19-1.8, Violations and Penalties, as subsection 19-1.9.
[Ord. No. 920 § 8; Ord. No. 04-30; amended 10-6-2022 by Ord. No. 22-17]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each calendar day in which a violation is observed shall constitute a separate violation.
[Ord. No. 88-12 § 1]
This section shall be known and cited as the "Mandatory Recycling Ordinance" of the Borough of Tenafly.
[Ord. No. 88-12 § 2]
It is the purpose of this section to comply with the mandatory, statewide recycling program, L. 1987, Ch. 102 and the Clean Communities and Recycling Act, N.J.S.A. 13:1E-92 et seq.
[Ord. No. 88-12 § 3; Ord. No. 13-19 § 1]
As used in this section:
BULKY RIGID PLASTICS
Shall mean and include buckets with metal handles, milk crates, laundry baskets, toys and play houses, lawn furniture, pet carriers, coolers, totes, pallets, dish drainers, landscape trays, garbage and recycling containers, five gallon water bottles, and automobile bumpers.
DESIGNATED RECYCLABLE MATERIALS
Shall mean those recyclable materials including metal, glass, paper or plastic containers, commercial, nonresidential, corrugated and other cardboard, newspaper, magazines, or high grade office paper designated in this section to be source separated.
DISPOSITION OR DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
Shall mean the transportation, placement, reuse, sale, donation, transfer or temporary storage for a period not exceeding six months of designated recyclable materials for all possible uses except for disposal as solid waste.
DWELLING UNIT
Shall mean a one-family home, a two-family home and apartment or condominium units.
MAGAZINES
Includes 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 mean any paper 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 all newspaper, high grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicate 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 laminates, binders, coatings or saturants.
PERSON
Shall mean owners, lessees and occupants of property within the Borough, including residential, commercial and industrial uses.
PLASTIC CONTAINER
Shall mean plastic bottles acceptable for recycling.
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 PAPER PRODUCT
Shall mean any paper product consisting of not less than 50% secondary waste paper material.
RECYCLED PAPERS
Shall mean any paper having a total weight consisting of not less than 50% secondary waste paper material.
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 designated area or 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 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, commercial food establishment 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.
[Ord. No. 88-12 § 4]
There is hereby created the position of Tenafly Recycling Coordinator, who shall be the Director of Public Works.
[Ord. No. 88-12 § 5; Ord. No. 94-07 § 1; Ord. No. 95-04 § 1; Ord. No. 08-26 § 1; Ord. No. 11-12 §§ 1, 2; Ord. No. 13-19 § 2]
a. 
The following materials are designated as recyclable under the Tenafly Mandatory Program in the residential sector:
1. 
Newspaper;
2. 
Glass beverage containers;
3. 
Aluminum cans;
4. 
Ferrous scrap;
5. 
Leaves;
6. 
White goods;
7. 
Tin cans;
8. 
Grass;
9. 
Construction and demolition debris (concrete, brick, tree parts, non-ferrous/ferrous metal, asphalt, corrugated cardboard; where practical);
10. 
Corrugated cardboard;
11. 
Mixed paper;
12. 
All plastic containers Type 1 through Type 7;
13. 
Household generated batteries;
14. 
Fluorescent light bulbs.
15. 
Bulky Rigid Plastics.
b. 
The following materials are designated as recyclable under the Tenafly Mandatory Recycling Program in the commercial sector:
1. 
Corrugated cardboard;
2. 
High-grade office paper;
3. 
Glass beverage containers;
4. 
Ferrous scrap;
5. 
White goods;
6. 
Aluminum cans;
7. 
Mixed paper;
8. 
Construction and demolition debris (concrete, brick, tree parts, non-ferrous/ferrous metal, asphalt, corrugated cardboard; where practical);
9. 
All plastic containers Type 1 through Type 7.
[Ord. No. 88-12 § 6; Ord. No. 90-08 § 1]
a. 
It is mandatory for all persons who are owners, lessees and occupants of property in the Borough to separate the recyclable materials designated in subsection 19-2.5 above from all other solid waste.
No person in the Borough shall place leaves for collection or disposal as solid waste.
b. 
From October 15 to December 1 of each year, the owner, lessee or occupant of every property within the Borough shall source separate leaves from solid waste generated at that property. Leaves shall be placed in the street at curbside in front of the property. Leaves may not be placed in plastic bags.
c. 
The owner, lessee or occupant of every property within the Borough shall source separate grass from solid waste generated at that property. Grass shall be placed in permanent reusable containers and disposed of at the direction of the Mayor and Borough Council by resolution. Unless a commercial lawn service separately contracts with the operator of the Tenafly Recycling and Convenience Center, no grass, leaves or garden debris shall be deposited by such commercial lawn service at the Recycling and Convenience Center.
d. 
1. 
All newspapers and magazines will be bundled to ensure that they will not be capable of being windblown or distributed on the public streets and provided further that the maximum weight of any bundle does not exceed 30 pounds (approximately 12 inches high).
2. 
Corrugated cardboard shall be collapsed and bundled securely to ensure that it will not be capable of being windblown or distributed on the public streets, and provided further that the maximum weight of any bundle does not exceed 30 pounds (approximately 12 inches high). Each person is responsible for bringing corrugated cardboard to the Recycling and Convenience Center.
3. 
Newspapers and magazines shall be placed by the owner, lessee or occupant at the curb on the date established for pic-up by the district in which the premises are located in accordance with the Recycling Schedule in effect at the time.
e. 
Glass, aluminum and plastic soda bottles shall be placed in permanent reusable containers to be placed at curbside during designated times for pickup.
f. 
Designated recyclables shall not be placed at the curb earlier than 6:00 p.m. of the day previous to the day established for pick-up.
[Ord. No. 88-12 § 7]
Collection of domestic or household bulky items such as washing machines, refrigerators, stoves, household appliances and other household furnishings shall not be placed at the curb for collection unless special arrangements have first been made with the Refuse Contractor.
[Ord. No. 88-12 § 8]
Collection from curbside of recyclable materials shall be made by the Borough employees or by contract for outside services, as directed by the mayor and Borough Council, with primary administrative supervision under the control of the Recycling Coordinator.
[Ord. No. 88-12 § 9]
The Recycling Coordinator may be authorized by bid or by contract approved by the Mayor and Council to sell and deliver recyclable materials so collected in order to obtain the best possible price.
[Ord. No. 88-12 § 10]
Nothing in this section 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 such recyclable materials be disposed of as part of the solid waste pick-up by the Borough in accordance with the normal pick-up by the Borough.
[Ord. No. 88-12 § 11]
From the time recyclable materials are placed at the curb by the 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 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.
[Ord. No. 88-12 § 12]
The Recycling Coordinator shall annually submit a recycling tonnage report to the New Jersey Office of Recycling.
[Ord. No. 88-12 § 13]
a. 
The Recycling Coordinator shall, no later than September 1, 1988, notify all persons owning, leasing or occupying property within the Borough of recycling opportunities and the source separation requirements of this section. This notice shall be done by placing an advertisement in a newspaper circulating in the Borough 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.
b. 
Every six months after the initial notification, the Recycling Coordinator shall notify all persons occupying residential, commercial and institutional premises within the Borough of local recycling opportunities and the source separation requirements of this section. The notification shall be done by placing an advertisement in a newspaper circulating in the Borough and by posting a notice in public places where public notices are customarily posted by the Borough.
[Ord. No. 88-12 § 4]
This section shall be referred to the Planning Board of the Borough 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 houses or 25 or more units of multi-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.
[Ord. No. 88-12 § 15]
The Recycling Coordinator and Police Department are hereby authorized and directed to enforce this section. They are 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; the rules and regulations are subject to change, modification, repeal, or amendment by majority vote of the Mayor and Borough Council.
[Ord. No. 88-12 § 16]
Any person, firm or corporation violating the provisions of this section shall be issued a warning to comply. Thereafter any such person, firm or corporation violating the provisions of this section shall be liable to a maximum penalty at the discretion of the Judge of the Municipal Court of not more than $25 for the first offense, and not more than $100 or 10 days in jail for each and every subsequent offense; excepting that a person violating subsection 9-2.11 shall be liable to a maximum fine of $500 or imprisonment in the County Jail for a period not to exceed 90 days or both.
[Ord. No. 691 §§ 1, 2]
Refuse materials, including fill dirt, garden refuse, tree limbs and branches and other similar materials which originate within the Borough only may be disposed of at the Borough dumping grounds. Logs and tree truck not over six feet in length may be accepted for disposal at the discretion of Superintendent of Public Works.
No tree stumps shall be accepted for disposal at the Borough dumping grounds except upon approval by the Mayor and Borough Council.
[1]
Editor's Note: Policies for use of the Recycling and Convenience Center are adopted by resolution and can be found in the office of the Borough Clerk.