[Ord. No. 06-07]
Shall mean a combining of nonputrescible source-separated
recyclable materials for the purpose of recycling.
Shall mean those materials designated within the Hudson County
District Solid Waste Management Plan to be source-separated for the
purpose of recycling. These materials include aluminum, tin and steel;
corrugated cardboard; glass containers; grass and brush; household
batteries; leaves; masonry (asphalt, brick, block and concrete); mixed
paper; motor oil; motor oil filters; newspaper; office paper; plastic
containers (#1 & #2); tires; vehicle batteries; white goods; and
wood.
Shall mean a computer central processing unit and associated
hardware including keyboards, modems, printers, scanners and fax machines;
a cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including televisions and cell phones.
Shall mean any building or structure or complex of buildings
in which three or more dwelling units are rented or leased or offered
for rental or lease for residential purposes (see N.J.S.A. 13:1E-99.13a)
except hotels, motels or other guest houses serving transient or seasonal
guests as those terms are defined under subsection (j) of section
3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (C. 55:13A-1
et seq.).
Shall mean all solid waste generated at residential, commercial
and institutional establishments within the boundaries of the Borough
of East Newark.
Shall mean those materials which would otherwise become solid
waste, and which may be collected, separated, or processed and returned
to the economic mainstream in the form of raw materials or products.
Shall mean the process by which recyclable materials are
separated at the point of generation by the generator thereof from
solid waste for the purposes of recycling.
Shall mean recyclable materials which are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
[Ord. No. 06-07]
a.
Mandatory Source Separation. It shall be mandatory of all persons
who are owners, tenants, or occupants of residential and nonresidential
premises located within the Borough of East Newark to separate designated
recyclable materials from all solid waste. Designated recyclable materials
shall be deposited, separated and apart from other solid waste generated
by the owners, tenants, or occupants of such premises and shall be
placed separately at the curb in a manner and on such days and times
as may be hereinafter established by regulations promulgated by the
Borough of East Newark.
b.
Exemption. Pursuant to N.J.S.A. 13:1E99.16(d), the Governing Body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source separate from
the municipal solid waste stream, the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this chapter, a commercial or institutional generator of solid
waste shall file an application for exemption with the Municipal Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled, and that, at least on an annual basis,
said recycling service provider shall provide written documentation
to the municipal recycling coordinator of the total number of tons
collected and recycled for each designated material.
[Ord. No. 06-07]
The collection of recyclable materials shall be in the manner
prescribed as follows:
a.
All receptacles containing recyclable materials shall be placed,
prior to collection, between the curb and the sidewalk, or in the
absence of curb and sidewalk, as near to the street as not to constitute
a danger, where such receptacles shall be readily accessible to the
collector without providing obstruction to pedestrians. The owner
or occupant of the premises shall keep all receptacles clean and in
safe handling condition. Receptacles or other items to be disposed
of shall be placed as noted above anytime after 5:00 p.m. of the day
immediately preceding the day of collection, but no later than 6:00
a.m. of the day of collection. After collection, any containers shall
be removed from the curbside by no later than 7:00 p.m. of the day
of collection.
b.
All receptacles or dumpsters shall be maintained in accordance with
the Health Code of the Borough of East Newark.
[Ord. No. 06-07]
The owner of any property shall be responsible for compliance
with this chapter. For multi-family/high-rise housing developments,
the management or owner is responsible for setting up and maintaining
the recycling system, including collection of recyclable material.
Violations and penalty notices will be directed to the owner or management.
The management shall issue notification and collection rules to new
tenants when they arrive and every six months during their occupancy.
[Ord. No. 06-07]
a.
All commercial, business or industrial facilities shall be required
to comply with the provisions of this chapter.
b.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee. All commercial, institutional or
industrial properties which provide outdoor litter receptacles and
disposal service for their contents shall also provide receptacles
for designated recyclable materials, for those materials commonly
deposited, in the location of the litter receptacle, and shall provide
for separate recycling service for their contents.
c.
Every business, institution or industrial facility shall report on
an annual basis to the municipal recycling coordinator, on such forms
as may be prescribed, on recycling activities at their premises, including
the amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service.
d.
All food service establishments shall, in addition to compliance
with all other recycling requirements, be required to recycle grease
created in the processing of food or food products, and maintain such
records as may be proscribed, for inspection by any code enforcement
officer.
[Ord. No. 06-07]
a.
Any application to the Planning Board of the Borough of East Newark
for subdivision or site plan approval for the construction of multi-family
dwellings of three or more units, or any commercial, institutional
or industrial development for the utilization of 1,000 square feet
or more of land, must include a recycling plan. This plan must contain,
at a minimum, the following:
b.
Prior to the issuance of a Certificate of Occupancy by the Borough
of East Newark, the owner of any new multi-family housing or commercial,
institutional or industrial development must supply the Planning Board
of the Borough of East Newark with a copy of a duly executed contract
with a hauling company for the purposes of solid waste collection
and the collection of recycling of source-separated recyclable materials.
[Ord. No. 06-07]
a.
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with, or contains visible signs of, designated
recyclable materials. It is also unlawful for solid waste collectors
to remove for disposal those bags or containers of solid waste which
visibly display a warning notice sticker or some other device indicating
that the load of solid waste contains designated recyclable materials.
b.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this article and the local sanitary
code.
[Ord. No. 06-07]
The Code Enforcement Official, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, the Housing
Officer, Hudson Regional Health Commission and the Hudson County Improvement
Authority are hereby individually and severally empowered to enforce
the provisions of this chapter. The respective enforcing official
may, in his or her discretion, post warning notice stickers for a
first time offense. An inspection may consist of sorting through containers
and opening of solid waste bags to detect, by sound or sight, the
presence of any recyclable material.
[Ord. No. 06-07]
Any person, corporation, occupant or other entity that violated
or fails to comply with any provision of this chapter or any of the
rules and regulations promulgated hereunder shall, upon conviction
thereof, be punishable by a fine no less than $250, nor more than
$2,500. Each day for which a violation of this section occurs shall
be considered a separate offense.
[Ord. No. 06-07]
Shall mean a construction, renovation or demolition project
for which a building permit or a demolition permit is required, and
for which a dumpster, roll-off container or any other vehicle in which
such material is transported shall be placed on premises for the purpose
of the placement of waste materials.
[Ord. No. 06-07]
A debris recovery plan shall be filed with the Municipal Building
Department, with a copy of the plan forwarded to the Municipal Recycling
Coordinator, prior to the commencement of any activity for Municipal
approval as further identified above. The debris recovery plan shall
identify the types and estimated quantities of construction and demolition
debris to be generated from the project, how each material will be
managed, and the name of each facility or service provider that the
entity will use to manage each material. The plan shall further detail
how the applicant shall ensure that a minimum of 50% of the materials
to be generated will be separated and recycled.
[Ord. No. 06-07]
a.
Approval. A debris recovery plan shall be reviewed by the Municipal
Building Department and the Municipal Recycling Coordinator, and approved
if it provides for all of the information required by this chapter.
An approved debris recover plan shall be marked "Approved" and returned
to the owner of the entity which submitted the plan.
b.
Denial. A debris recovery plan shall not be approved if it does not
provide all of the information required by this chapter. If a debris
recovery plan is not approved, the owner of the entity which submitted
the plan shall be notified in writing that the plan has been rejected,
including the reasons for the rejection. In order to obtain the building
or demolition permit sought, the owner of the entity which will carry
out the construction, renovation or demolition project shall make
the required changes and resubmit the debris recovery plan to the
Municipal Building Department and the Municipal Recycling Coordinator.
[Ord. No. 06-07]
a.
Application. If the owner of an entity carrying out a covered project
experiences circumstances that make it infeasible to comply with the
diversion requirement cited in this chapter, the owner of the entity
may apply for an adjustment. The owner shall indicate in writing why
it is infeasible to divert 50% of the materials being generated from
the covered project and specify what percentage of diversion could
be achieved. Increased costs to the owner of the entity carrying out
the covered project will not be an acceptable justification for an
adjustment.
b.
Review. The Municipal Recycling Coordinator shall review the information
supplied by the owner. It warranted, the Municipal Recycling Coordinator
shall attempt to contact the owner to discuss possible ways of meeting
the diversion requirement.
c.
Granting of an Adjustment. If the Municipal Recycling Coordinator
determines that it is infeasible for the entity carrying out a covered
project to divert 50% of the generated construction and demolition
debris from the covered project, the percent of diversion required
shall be adjusted. The owner shall be notified in writing of the adjusted
diversion requirement. The owner of the entity carrying out the covered
project shall be required to divert the percent of construction and
demolition debris required by the adjustment.
d.
Denial of Adjustment. If the Municipal Recycling Coordinator determines
that it is feasible for the owner of an entity carrying out a covered
project to meet the diversion requirement cited in this chapter, the
owner shall be notified in writing of the denial of the diversion
requirement adjustment.
[Ord. No. 06-07]
Documentation. Upon completion of the covered project, but before
the final inspection, the owner of the entity carrying out a covered
project shall submit in person or by certified mail to the Municipal
Recycling Coordinator, the documentation required to demonstrate that
the applicant has met the diversion requirement. The required documentation
shall include the following:
a.
A completed debris recovery report, signed by the owner of the entity
carrying out a covered project, indicating the quantity of each material
generated during the covered project diverted to disposal;
b.
Receipts from all facilities or service providers utilized to divert
and dispose materials generated during the covered project; and
c.
Any additional information that the owner of the entity carrying
out the covered project believes is relevant to determining compliance
with the diversion requirement.
[Ord. No. 06-07]
The Municipal Recycling Coordinator shall review the information
submitted pursuant to this section and determine whether the owner
of the entity carrying out the covered project has complied, or failed
to comply, with the diversion requirement. The determination regarding
compliance will be provided to the owner of the entity carrying out
the covered project in writing.
[Ord. No. 06-07]
An owner of the entity carrying out the covered project may
appeal a determination of failure to comply under this chapter to
the municipality within 30 days of the decision or determination.
The appeal shall be in writing and shall state the fact and basis
for the appeal. A decision by the Mayor shall be final.
[Ord. No. 06-07]
The Code Enforcement Official, the Police Department, the Department
of Health, the Recycling Coordinator, the Property Maintenance Official,
the Housing Officer, Hudson Regional Health Commission and the Hudson
County Improvement Authority are hereby individually and severally
empowered to enforce the provision of this chapter. The respective
enforcing official may, in his or her discretion, post warning notice
stickers for a first offense. An inspection may consist of dumping
and opening of solid waste bags and containers to detect, by sound
or sight, the presence of any recyclable material.
[Ord. No. 06-07]
Any person, corporation, occupant or other entity that violated
or fails to comply with any provision of this chapter or any of the
rules and regulations promulgated hereunder shall, upon conviction
thereof, be punishable by a fine no less than $250 nor more than $2,500.
Each day for which a violation of this chapter occurs shall be considered
a separate offense.
