Editor's Note: Ordinance 6 S+FK, 9-2-1992, repeals Ordinances
6 S+FA, 6-3-1987 and 6 S+FA, 12-6-1989, which established the mandatory
separation, at the source, of recyclables.
[Ord. 6 S+FK, 9-2-1992 § 13A:5-1]
This chapter shall be known and cited as the "Newark Mandatory
Recycling Regulations."
[Ord. 6 S+FK, 9-2-1992 § 13A:5-2; Ord. 6PSF-F, 6-15-2016]
The Director of the Department of Public Works is hereby authorized
and directed to continue efforts to establish regulations as to the
manner, days and times of such collections and the bundling, handling,
location and placement of recyclable materials in residential and
commercial areas for collection by the City and/or its agents.
[Ord. 6 S+FK, 9-2-1992 § 13A:5-3; Ord. 6 PSF-F, 6-17-2009 § 1; Ord.
6PSF-F, 6-15-2016]
The following terms as used in this chapter shall mean and include:
Shall mean any beverage container constructed entirely of
aluminum.
Shall mean any food or beverage container constructed of
two or more distinctly separate metals.
Shall mean tree and shrub branches which have been removed
from properties. Branches shall be free from roots, stumps and other
contaminants.
Shall mean any wholesale, retail or service establishment
including, but not limited to restaurants, markets, offices, retail
and wholesale outlets, theaters, hotels and warehouses.
Shall mean recyclable materials which may be combined with
other recyclable materials. Examples of materials which may be commingled
are: glass bottles and jars and aluminum and/or bi-metal cans.
Shall mean that area designated by the City of Newark as
the place for composting and decomposition of leaves and woodchips.
Shall mean components resulting from the construction and/or
demolition of a building or structure, both residential and commercial,
including wood, brick, concrete, asphalt roofing, asphalt, scrap metals,
window glass, tree stumps, logs, branches and other such materials.
Known also as drycell batteries, shall mean those batteries
commonly used in hearing aids, cameras, calculators, and watches,
which contain hazardous components such as mercury, silver, cadmium
and lithium.
Shall mean the material commonly used for boxes, shipping
containers and packing materials.
Shall mean all structural steel or ferrous metal, cast iron
and steel components.
Shall mean any individual, public or private corporation
or firm owning, operating or in charge of any residential, nonresidential,
commercial, industrial structure or institutional source who produces
or has charge of producing solid waste and/or recyclable materials
in the City of Newark.
Shall mean any food or beverage container constructed entirely
of glass (exclusive of the cap or covering device).
Shall mean any business who is engaged in industrial production
or service and who produces or has charge of producing solid waste
and/or recyclable materials in the City of Newark.
Shall mean any entity which is not a commercial or industrial
source including but not limited to public or private schools, hospitals
and medical care facilities.
Shall mean those batteries which are used in vehicles such
as automobiles, motorcycles, etc. and are composed primarily of lead
plates in a casing containing sulfuric or other acids.
Shall include all periodicals containing miscellaneous material.
Shall mean white office paper, computer paper, and duplicator
paper, but shall exclude paper products coated with nondegradable
material or contaminated by carbon materials.
Shall mean those structures such as apartments, cooperatives
and condominiums which are used or are intended, arranged or designed
for use by three or more separate groups or families for living, where
solid waste and/or recyclable materials are generated.
Shall mean any paper of the type commonly referred to as
newsprint distributed weekly or daily which contains news, articles
of opinion, features and advertising.
Shall mean a facility privately owned and operated and designed
solely for receiving, storing, processing and transferring source
separated, nonputrescible recyclable materials.
Shall mean a public or private facility that is designated
by the City of Newark as the area to drop-off recyclable glass bottles
and jars, newspaper, magazines, aluminum and bi-metal cans, used motor
oil, corrugated cardboard, lead acid batteries, consumer cell batteries
and automobile tires or other materials as designated by the Director
of the Department of Public Works.
Shall mean the detaching, sorting and setting apart of solid
waste for the purpose of recycling, from residential, non-residential,
commercial, industrial or institutional source by the generator at
the point of generation.
Shall mean any waste crank case oil resulting from the periodic
maintenance of internal combustion engines.
Shall mean all small and large metal appliances such as,
but not limited to, refrigerators, freezers, washers, dryers, water
heaters, ranges, furnaces, metal lawn furniture, bicycles, etc.
[Ord. 6 S+FK, 9-2-1992 § 13A:5-4; Ord. 6 PSF-F, 6-17-2009 § 2; Ord.
6PSF-F, 6-15-2016]
a.
Every generator in the City of Newark shall source separate the following
items: used corrugated cardboard, newspapers, magazines, glass bottles
and jars, plastic with #1 PETE and #2 HDPE containers such as milk,
juice jugs, water bottles and soda bottles, food and beverage cans
(aluminum and bi-metal), leaves, used motor oil, mixed high grade
white paper, white goods, ferrous and other scrap metals, lead acid
batteries, consumer cell batteries and automobile tires from municipal
solid waste. Generators in the City shall provide sufficient containers
for the temporary storage of recyclable materials pending collection.
The location of the containers shall be in an area that is easily
accessible and which will not create a nuisance to other adjacent
properties or create conflict with pedestrians or vehicles.
b.
Recyclable materials shall be packaged for curbside collection or
deposited at the City recycling depot in the following manner:
1.
Newspapers and magazines shall be securely bundled to facilitate
handling. Each bundle shall not exceed 35 pounds in weight. Acceptable
materials may either be tied with string or cord, or placed into sturdy
paper bags for collection. Generators shall ensure that the materials
are either placed at the curbside or dropped off at the Recycling
Depot for collection. Commercial establishments shall bring the materials
to the Recycling Depot or make arrangements with a private contractor
for collection.
2.
Mixed high grade white paper shall be stacked in securely tied bundles
and shall be brought by residents to the Recycling Depot. All commercial
establishments shall provide for the recycling of the recyclables
by making arrangements with a private contractor for collection or
dropping off of the materials at the Recycling Depot.
3.
Aluminum beverage cans, bi-metal cans (such as those which contain
vegetables and juices) and glass bottles and jars, shall be drained
of all food or liquid, and placed in a reusable sturdy receptacle
or container not less in size than five gallons or more than 32 gallons
in size.
4.
Leaves must be bagged and brought to the curb by City residents for
pick up by the City or brought to a City Compost Area, as designated
by the Director of Public Works. Bagged leaves shall be collected
at curbside only if placed in degradable bags. Non-degradable bags
(such as non-degradable plastic) shall be considered unacceptable
when used for this purpose.
5.
Corrugated cardboard shall be collected at the curbside of City streets
as selected and determined by the Director of Public Works. Other
City residents and business owners shall bring corrugated cardboard
to the Recycling Depot. Corrugated cardboard shall be tied in bundles
in a size up to three feet in length and each bundle shall not exceed
50 pounds in weight. If residents have over one 150 pounds of corrugated
cardboard, they must call the City of Newark Office of Recycling to
arrange for a pick-up.
6.
Used motor oil from vehicles and lawn mowers shall be placed in containers
and delivered to an authorized and designated used oil recycling center,
gasoline stations or the Recycling Depot. Used motor oil will not
be collected or picked up from premises by the City of Newark.
7.
No recyclable materials other than corrugated cardboard, newspapers,
magazines, glass bottles and jars, food and beverage cans (aluminum
and bi-metal), used motor oil, lead acid batteries, consumer cell
batteries and automobile tires, shall be permitted to be deposited
at the Recycling Depot by any City Generator. In no event shall recyclable
materials be placed in the street or right-of-way nor shall they be
placed in plastic bags for collection.
8.
Consumer cell batteries shall be deposited for collection at the
City Recycling Depot and/or other locations in the City designated
by the Department of Public Works.
c.
Every generator shall ensure that the aforementioned recyclable materials
are clean, uncontaminated and not exposed to substances or conditions
which would render them unusable for recycling, before collections
are made from the curb by the City, deposited at the City Recycling
Depot or delivered to a recycling center.
d.
Any contractor permitted by the City of Newark to conduct any construction
or demolition operations with the City shall sort and separate materials
such as wood, brick, concrete, asphalt pavement, asphalt roofing,
scrap metals, window glass, tree stumps, logs, branches and other
like materials for the purpose of recycling.
[Ord. 6 S+FK, 9-2-1992 § 13A:5-5; Ord. 6PSF-F, 6-15-2016]
Every generator shall annually advise and inform their tenants
and other affected parties concerning the requirements of this chapter
as well as the guidelines promulgated by the Department of Public
Works. Additionally, every generator is to advise their tenants in
writing as a condition of their lease of the requirements of this
section and maintain written proof of the notice.
[Ord. 6 S+FK, 9-2-1992 § 13A:5-6; Ord. 6 PSF-D, 9-15-2010 § 5]
a.
Generators from multi-family dwellings, commercial or industrial
establishments and public/private institutions who have private collectors
for solid waste collection shall be required annually to report the
tonnage of recyclable materials by type to the City of Newark's Office
of Recycling.
b.
Contractors who are conducting any construction or demolition operations
in the City shall file reports, in the City's Central Permit Office.
The contractor shall report the quantity of material recycled by type
and weight as well as the receiving market on forms located in the
City's Central Permit Office.
[Ord. 6 S+FK, 9-2-1992 § 13A:5-7]
Recyclable materials to be collected by the City of Newark,
or agents thereof, shall be placed at the curb on those days specifically
specified by the City of Newark. In no event shall recyclable materials
be placed in the street or the sidewalks, nor shall they be placed
in plastic bags for collection. Recyclable materials shall be placed
at the curb in durable reusable containers not earlier then 7:00 p.m.
on the day before regular municipal collection and not later than
7:00 a.m. on the day of regular municipal collection.
[Ord. 6 S+FK, 9-2-1992 § 13A:5-8; Ord. 6 PSF-D, 9-15-2010]
Commercial establishments located along commercial streets designated
by the City for corrugated recycling, shall utilize a private collector.
Any commercial location presently utilizing public collection will
no longer receive City pick-up. All commercial sources, henceforth,
must utilize private collection.
[Ord. 6 S+FK, 9-2-1992 § 13A:5-9]
Any generator, resident or corporation may donate or sell recyclable
materials to any person, partnership or corporation whether operating
for profit or not for profit. The person, partnership or corporation
may not, however, under any circumstances pick up the recyclable materials
from the curb in the City of Newark.
[Ord. 6 S+FK, 9-2-1992 § 13A:5-10; Ord. 6 PSF-C, 4-15-2015]
From the time of placement at the curb, stored dumpster or City
Recycling Depot by and generator, all recyclable materials shall become
and be the property of the City of Newark, and it shall be a violation
of this chapter for any person, firm, or corporation, including an
owner of multi-family (4 or more units), other than authorized personnel
of the City of Newark, or its designee to collect, pick up, or cause
to be collected or picked up, such materials. Each such collection
in violation hereof from one or more location during the period shall
constitute a separate and distinct offense.
[Ord. 6 S+FK, 9-2-1992 § 13A:5-11; Ord. 6 PSF-C, 4-15-2015; ; Ord. 6PSF-F, 6-15-2016]
The Department of Public Works, along with all other Departments
of the City of Newark who are empowered to enforce the Ordinances
of the City, shall have the authority to inspect and enforce Newark's
mandatory recycling ordinance at any residential, commercial, industrial
or institutional facility located within the City.
[Ord. 6 S+FK, 9-2-1992 § 13A:5-12; Ord. 6 PSF-D, 2-17-2010 § 4; Ord.
6 PSF-C, 4-15-2015]
a.
Any person, firm, or corporation who violates or fails or neglects
to comply with any provisions of this chapter or any rule or regulation
promulgated pursuant thereto, shall be punishable upon conviction
thereof by a fine or penalty as provided below:
1.
First Offense. A fine of $350.
2.
Second Offense. A fine of $600.
3.
Third Offense. A fine of $1000 and/or up to 90 days of community
service.
4.
Fourth and Each Subsequent Offense. A fine of $2,500, and/or up to
90 days of community service and discontinuance of solid waste collection
service until compliance is met. Each day such violation is committed
or permitted to continue shall be deemed a separate offense and be
punishable as such. Fines which are levied and recovered for noncompliance
with any and all provisions of this section shall be transmitted monthly
by the Court Clerk to the Collector of Taxes and deposited in the
Recycling Grant Fund to be utilized for the purpose of the City's
recycling program to include, but not limited to, the purchase of
materials, education, awareness and improvement in services, in accordance
with the provisions of N.J.S.A. 40A:4-39.
5.
A mandatory court appearance is required for the second and subsequent
violations of this chapter provided that the second offense must be
within one year of the first offense.
6.
The City waives the application of the additional penalty for a subsequent
violation within one year of a previous violation pursuant to N.J.S.A.
40:49-5.
b.
Any owner of a multi-family dwelling (four or more units) who violates
or fails or neglects to comply with any provisions of this chapter
or any rule or regulation promulgated pursuant thereto, shall be punishable
upon conviction thereof by a fine or penalty per unit as provided
below:
1.
First Offense. A fine of $350.
2.
Second Offense. A fine of $600.
3.
Third Offense. A fine of $1000 and/or up to 90 days of community
service.
4.
Fourth and Each Subsequent Offense. A fine of $2,500, and/or up to
90 days of community service and discontinuance of solid waste collection
service until compliance is met. Each day such violation is committed
or permitted to continue shall be deemed a separate offense and be
punishable as such. Fines which are levied and recovered for noncompliance
with any and all provisions of this section shall be transmitted monthly
by the Court Clerk to the Collector of Taxes and deposited in the
Recycling Grant Fund to be utilized for the purpose of the City's
recycling program to include, but not limited to the purchase of materials,
education, awareness and improvement in services, in accordance with
the provisions of N.J.S.A. 40A:4-39.
