[Ord. No. 06-07]
COMMINGLED
Shall mean a combining of nonputrescible source-separated
recyclable materials for the purpose of recycling.
DESIGNATED RECYCLABLE MATERIALS
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.
ELECTRONIC WASTE
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.
MULTI-FAMILY DWELLING
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.).
MUNICIPAL SOLID WASTE (MSW)
Shall mean all solid waste generated at residential, commercial
and institutional establishments within the boundaries of the Borough
of East Newark.
RECYCLABLE MATERIAL
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.
SOURCE SEPARATION
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.
SOURCE-SEPARATED RECYCLABLE MATERIALS
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]
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]
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]
COVERED PROJECT
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]
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.