[HISTORY: Adopted by the Municipal Council of the Township of Irvington 12-29-2009 by Ord. No. MC 3412 (Ch. 150 of the 1981 Revised Code); amended in its entirety 1-11-2021 by Ord. No. MC 3750. Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 355.
Junk dealers — See Ch. 360.
Littering — See Ch. 380.
Property maintenance — See Ch. 460.
As used in this chapter, the following terms shall have the meanings indicated:
ALUMINUM BEVERAGE CONTAINERS, ALUMINUM FOIL AND ALUMINUM FOOD CONTAINERS
Beverage containers constructed entirely (top, bottom and sides) from aluminum material and also used, but clean, wrapping material, pans and plates constructed of aluminum (commingled residential pickup).
ANNUAL RECYCLING CALENDAR
Educational and enforcement brochure produced by the certified recycling professional annually and distributed by the Department of Neighborhood Services to all residential, commercial and institutional sectors.
AUTOMOBILE LEAD ACID BATTERIES
Used batteries from automobiles, trucks and other vehicles.
AUTOMOTIVE SCRAP METAL
Scrap automotive vehicles and/or parts.
BATTERIES, HOUSEHOLD
Single-use dry cell batteries such as type AAA, AA, C, D, nine-volt and button cell.
BATTERIES, RECHARGEABLE
Batteries used with rechargeable units.
BOOKS
Soft cover, paperback books, hardcover books, yellow pages and phone books (included in mixed residential paper pickup).
BRUSH
Tree and shrub branches which have been removed from residential properties and are free from roots, stumps and other contaminants.
BULK MATERIAL
Scheduled pickup for second garbage day; material consists of furniture (nonmetal), rugs (cut/tied), toys (in plastic bags).
CATALOG
Included in mixed residential paper pickup.
CERTIFIED RECYCLING PROFESSIONAL
Municipal certified recycling professional having graduated from the Rutgers Certified Recycling Course and having met the New Jersey State requirements for the civil service position.
CHIPBOARD
Gray cardboard, including cereal boxes, gift boxes, cracker and cookie boxes, thin grocery boxes, shoe boxes, notepad backing, oatmeal boxes, fruit snack boxes, etc. (included in mixed residential paper pickup).
CHURCH(ES)
For purposes of this chapter, churches are treated as multifamily dwellings.
COMMINGLED CONTAINERS
Clear, brown and green glass beverage containers in addition to aluminum, tin and metal containers and plastic which bears code marking Nos. 1 and 2 (commingled residential pickup).
COMPUTER AND ELECTRONICS
Telephones, fax machines, scanners, televisions, modems, computers (monitors, hard drives), etc.
CONSTRUCTION AND DEMOLITION DEBRIS
Recyclable materials, including but not limited to concrete, asphalt, roof shingles, brick, block, wood waste, tree stumps and tires.
CORRUGATED CONTAINERS/CORRUGATED CARDBOARD CONTAINERS
Includes all disposable containers made and fabricated primarily of corrugated cardboard most commonly used for boxes, shipping containers and packing materials, having exterior cardboard piles separated by air spaces created by one or more ridged and grooved cardboard piles, i.e., oatmeal container, grits container, cardboard boxes (flattened and tied), delivery boxes (flattened and tied) (mixed residential paper pickup).
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Township of Irvington, Essex County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include: commingled items, HDPE plastic containers, PET containers, commingled containers (brown, clear and green beverage containers), aluminum containers, automobile lead acid batteries, batteries, household and rechargeable, residential mixed paper (books, catalogs, magazines, cardboard, chipboard, shredded paper), leaves, brush, electronics (computers, monitors, televisions, phones, printers, fax, copiers, etc.), automotive scrap, motor oil, white goods (metal appliances, refrigerators, freezers, toasters, ovens, washers, dryers, etc.).
HAZARDOUS WASTE
Any waste substances required to be reported to the Department of Environmental Protection on the special waste manifest pursuant to N.J.A.C. 7:26-8.[1]
HDPE PLASTIC CONTAINERS
Those plastic containers which are most commonly used as milk containers and detergent containers (included in mixed residential commingled pickup). Said containers shall be rinsed and kept separate from the household solid waste.
LEAVES
Yearlong and during leaf season.
MULTIFAMILY DWELLING
Any building or structure, or complex of buildings in which five or more dwelling units are not owner-occupied and are rented or leased, or offered for rental or lease, for residential purposes and shall include 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 (N.J.S.A. 55:13A-1 et seq.).
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of Township of Irvington.
PET PLASTIC CONTAINERS
Those plastic containers which are most commonly used as soda bottles (included in residential commingled pickup). Said containers shall be rinsed and kept separate from the household solid waste.
RECYCLABLE MATERIAL
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.
RESIDENTIAL
All homes, condominiums, townhouses, apartments, trailer parks, etc., including certain housing types considered institutional (i.e., senior citizen homes).
RESIDENTIAL MIXED PAPER
Newspapers, junk mail, office paper, envelopes, notebook paper, computer paper, shredded paper documents, etc.
SOURCE SEPARATION
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
Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
USED MOTOR OIL
Oil removed from automobiles and powered equipment requiring oil.
WHITE GOODS
Any metal appliance, i.e., refrigerators, microwaves, stoves, washing machines, dryers, toaster ovens, or toasters, etc. (picked up on metal day by appointment).
[1]
Editor's Note: N.J.A.C. 7:26-8 was repealed by R.1996 d.500, effective 10-21-1996.
A. 
The municipal service of collection and disposal of solid waste and recycling hereunder shall be limited to curbside collection along public streets and roads that have been dedicated to and accepted by the Township of Irvington.
B. 
The municipal service of collection and disposal of solid waste hereunder shall not extend entry upon private property to remove solid waste and recycling from dumpsters or other containers.
C. 
Multi-unit dwellings must meet the prescribed requirements set forth by the Township of Irvington for collection of solid waste and recycling. Each multi-unit dwelling must be able to place three-cubic-yard dumpster(s) of sufficient number to enclose all trash within the dumpsters at the curb for collection without the obstruction of the sidewalk for pedestrian usage after 6:00 p.m. the evening prior to collection. All multi-unit dwellings must have a separate container/dumpster designated for recycling material only. If the property owners of said multi-unit dwellings are unable to meet the requirements for the removal of solid waste and recycling according to the established municipal curbside collection program, a private contracting service must be established by the property owner for solid waste and recycling services, at the owner's expense or pay at the Township rate of $250 per dumpster, per pickup. At the end of the year, all recycling tonnage reports must be submitted to the Director of the Department of Public Works (DPW) or certified recycling professional for state documentation purposes according to the state and county regulations.
D. 
All commercial and industrial sectors are not exempt from recycling as it is mandated by the State of New Jersey, adopted by the County of Essex and the Township of Irvington. All commercial and industrial sectors must include recycling in their solid waste contracts and must provide the certified recycling professional with annual recycling tonnage reports for state documentation purposes according to the state and county regulations. Comingled trash shall constitute a violation of this chapter and a fine of $1,000 per violation shall be imposed. Each garbage can and/or dumpster with commingled trash shall constitute a separate violation and shall be compounded daily.
The owner of any property shall be responsible for compliance with this chapter. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines for regulations established by the Director of DPW and the certified recycling professional. Violation and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy. A failure to submit a recycling system to the Director of DPW and/or the certified recycling professional constitutes a violation of this provision of the part and shall result in the penalty in § 535-17 of this chapter.
New developments of multifamily residential units or commercial, institutional or industrial properties (pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c).
A. 
Any application to the Planning Board of the municipality of the Township of Irvington for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 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:
(1) 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
(2) 
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and other attributes (signage, lighting, fencing, etc.), as may be determined by the certified recycling professional.
B. 
Prior to the issuance of a certificate of occupancy by the Township of Irvington, the owner of any new multifamily housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials in those instances where the Township of Irvington does not otherwise provide this service.
C. 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Director of Public Works or Municipal Engineer or designated agent.
A. 
An annual recycling calendar is provided to each resident and property owner and should be followed as it is written.
B. 
On or after the date fixed and promulgated by the certified recycling professional, it shall be mandatory for all persons, residential, industrial and commercial sectors to separate the recyclable materials as designated by the Township of Irvington for separate collection from all other solid waste produced in or disposed of by such residents or nonresidential premises.
C. 
On the dates and in the manner set forth in the regulations promulgated hereunder, the recyclable materials shall be placed at the curbside for collection by the Township of Irvington's recycling contractor.
D. 
The Township of Irvington will not collect solid waste from any occupant or owner who includes newspapers, commingled material, leaves, hazardous waste, construction and demolition debris, computer or electronics, cardboard, yard waste, brush or tree parts or any of the aforementioned designated recyclable materials.
E. 
The certified recycling professional, Director of DPW and Municipal Council may, in accordance with its statutory authority, negotiate and enter into franchises or agreements with qualified persons to make collection of one or more of said recyclable materials and for the sale or disposition of said recyclable materials for the resultant benefit of the municipality.
F. 
Designation of recyclable materials.
(1) 
Leaf season is from September 1 through December 31. Residents may no longer place their leaves at the curbside. All leaves are to be placed in a brown recyclable bag without debris or other yard waste during the leaf season. Leaves are to be placed at the curb in brown recyclable bags after 6:00 p.m. the evening prior to street cleaning. Failure to comply with the regulations set forth will result in fines and penalties.
(2) 
Spring yard cleanup. Branches, bushels and twigs must be tied and bundled and placed at the curb for collection after an appointment is made with the Department of DPW (973) 399-6707. Leaves, weeds, flowers, and some grass may be commingled in the brown recycling bags and brought to 406 Coit Street during the hours of 8:30 a.m. to 3:00 p.m., Monday through Friday, for drop-off unless other arrangements for said materials are made available by the Township of Irvington, at which time residents will be notified of those arrangements.
(3) 
Hazardous waste material. This material is not collected at the 406 Coit Street drop-off location due to its complexity in nature, however, the County of Essex provides two hazardous waste days for all residents within Essex County during the year. Dates are advertised on the annual recycling calendar, the Township website. Flyers are available in the Municipal Town Hall and the County of Essex mails out to all residents as the date approaches.
(4) 
Tire collection. Tires are not collected at the curbside; however, a minimum amount of four tires per household per year may be brought to 406 Coit Street during the hours of 8:30 a.m. to 3:30 p.m., Monday through Friday, or to any used tire location for disposal. Illegal dumping of said material will result in fines.
(5) 
Computer and electronic are no longer considered bulk. All material must be brought to 406 Coit Street during the hours of 8:30 a.m. to 3:30 p.m., Monday through Friday.
(6) 
Household batteries must be recycled. You may bring them to 406 Coit Street (or other designated location) during the hours of 8:30 a.m. to 3:30 p.m., Monday through Friday.
(7) 
Automotive batteries must be recycled. You may bring them to 406 Coit Street during the hours of 8:30 a.m. to 3:30 p.m., Monday through Friday, or they can be dropped off/exchanged at any Auto Zone or auto repair shop or dropped off at the Essex County hazardous waste drop-off site at the designated dates.
(8) 
Automotive scrap metal must be recycled. Municipal automotives/equipment that are obsolete and/or have been either confiscated or in forfeiture must be recycled. All funds are to be reimbursed to the Municipal Recycling Fund. Recycling said material not only generates funding, it also generates tonnage for the municipal recycling tonnage grant. All residential and commercial/industry automotives must be recycled. The Township does not recycle said material. Residents must go to a metal scrap facility, declare the Township as Irvington and receive their refund. By declaring the township in which you reside, you are increasing the tonnage for Irvington. The Township does not incur any costs or receive any refunds for the scrap; we do however benefit from the tonnage reported.
(9) 
Motor oil must be recycled. You may drop off at 406 Coit Street in a secure container, no more than eight quarts, or it may be brought to any auto repair shop or at the Essex County hazardous waste drop-off site on the designated dates.
(10) 
Commingled items must be recycled. All residential properties must utilize the municipal curbside recycling program. All multi-unit dwellings must either comply with the prescribed regulations according to the municipal curbside recycling program or provide a private contractor for the removal of both solid waste and recycling materials under the New Jersey State Recycling Source Separation Act that has been adopted by the County of Essex and the Township of Irvington at their own cost. All annual recycling tonnage reports must be forwarded to the Director of DPW, certified recycling professional or designee for state documentation purposes according to the state and County of Essex regulations.
(11) 
Mixed residential paper must be recycled. All residential properties must utilize the municipal curbside recycling program. All multi-unit dwellings must either comply with the prescribed regulations according to the municipal curbside recycling program or provide a private contractor for the removal of both solid waste and recycling materials under the New Jersey State Recycling Source Separation Act that has been adopted by the County of Essex and the Township of Irvington at their own cost. All annual recycling tonnage reports must be forwarded to the Director of DPW, certified recycling professional or designee for state documentation purposes according to the state and County of Essex regulations.
(12) 
White goods must be recycled. All residential properties must utilize the municipal curbside recycling program by appointment only. Metal day is every Saturday morning provided you contact the Department of Public Works on the prior Monday or Tuesday morning for an appointment at (973) 399-6707. All multi-unit dwellings must either comply with the prescribed regulations according to the municipal curbside recycling program or provide a private contractor for the removal of both solid waste and recycling materials under the New Jersey State Recycling Source Separation Act that has been adopted by the County of Essex and the Township of Irvington. White goods may be dropped off at the 406 Coit Street drop-off center during the hours of 8:30 a.m. to 3:30 p.m., Monday through Friday. All annual recycling tonnage reports must be forwarded to the Director of DPW, certified recycling professional or designee for state documentation purposes according to the state and County of Essex regulations.
G. 
Prohibition of the collection of solid waste mixed with recyclable materials.
(1) 
It shall be unlawful for solid waste contractors 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 or some other device indicating that the load of solid waste contains designated recyclable materials.
(2) 
It shall be the responsibility of the property owner 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 chapter and local sanitary code.
(3) 
Once placed in the location identified by this chapter, or any rules or regulations promulgated pursuant to this chapter, no person, other than those authorized by the Township of Irvington, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
H. 
Enforcement.
(1) 
Housing and Building Construction, DPW, Health, Public Safety and any other Township official are hereby individually and severally empowered to enforce the provisions of this section. 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.
(2) 
Violations and penalties. For any section which does not provide a specific penalty or fine for a violation thereof, the following section shall apply:
(a) 
Fines.
[1] 
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine as follows:
[a] 
First offense: $500.
[b] 
Second offense: $1,000.
[c] 
Third offense: $2,000.
[d] 
Fourth offense: minimum fine of $3,000.
[2] 
Each day for which a violation of this section occurs shall be considered a separate offense.
(b) 
Fines levied and collected pursuant to this section shall be immediately deposited into the Municipal Recycling Trust Fund. Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the Municipal Recycling Program, including salary for the Certified Recycling Professional, hiring of enforcement staff related to this chapter and all educational opportunities for higher education of said professional pertaining to recycling and environmental education, implementation of recycling programs, management of municipal drop-off site, e-waste events, enforcement of local recycling ordinance, and recycling containers according to the state requirements.
I. 
Severability; effective immediately.
(1) 
In the event that it is determined by a court of competent jurisdiction that any provision or section of this chapter is unconstitutional, all other sections and provisions shall remain in effect.
(2) 
This chapter shall take effect immediately, unless otherwise provided by resolution of the governing body.
A. 
A debris recovery plan shall be filed with the Director of DPW, certified recycling professional or designee prior to the commencement of any activity for which municipal approval is required 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.
B. 
Review of debris recovery plan.
(1) 
Approval. A debris recovery plan shall be reviewed by the certified recycling professional and approved if it provides for all of the information required by this chapter. An approved debris recovery plan shall be marked "Approved" and returned to the owner of the entity which submitted the plan.
(2) 
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 Director of DPW, certified recycling professional or designee.
C. 
Diversion requirement adjustment.
(1) 
Application. If the owner of an entity carrying out a covered project experiences circumstances that makes 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.
(2) 
Review. The Director of DPW, certified recycling professional or designee shall review the information supplied by the owner. If warranted the Director of Neighborhood Services, certified recycling professional or designee shall attempt to contact the owner to discuss possible ways of meeting the diversion requirement.
(3) 
Granting of an adjustment. If the Director of DPW, certified recycling professional or designee determines that 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.
(4) 
Denial of adjustment. If the Director of DPW, certified recycling professional or designee 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.
D. 
Debris recovery plan report requirements; 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 certified recycling professional, the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
(1) 
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 or disposed;
(2) 
Receipts from all facilities or service providers utilized to divert and dispose of materials generated during the covered project; and
(3) 
Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.
E. 
Compliance with diversion requirement.
(1) 
The Director of DPW, certified recycling professional or designee shall review the information submitted pursuant to this chapter 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.
(2) 
Appeal. 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 facts and basis for the appeal. A three-person panel consisting of the Sanitation Committee shall make a determination regarding said appeal, whose determination shall be final.
F. 
Enforcement. Housing and Building Construction, DPW, Health, Public Safety and any other Township official are hereby individually and severally empowered to enforce the provisions of this section. The respective enforcing official may, in his or her discretion, post warning stickers for a first offense. An inspection may consist of dumping and opening of solid waste bags of containers to detect, by sound or sight, the presence of any recyclable material.
G. 
Violations and penalties. Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine of not less than $1,000. Each day for which a violation of this section occurs shall be considered a separate offense.
H. 
Severability; effective date.
(1) 
If it is determined, by a court of competent jurisdiction, that any provision or section of this section is unconstitutional, all other sections and provisions shall remain in effect.
(2) 
This section shall take effect immediately.
A. 
The Township of Irvington has adopted the Irvington Board of Education in the municipal curbside recycling program. All material belongs to the Township of Irvington and must be placed out for collection according to the Township recycling requirements. Failure to comply will result in fines from both the Municipal Enforcement Team and the County of Essex Health Authority (CEHA).
B. 
All schools within the district must have a recycling program set in place for the proper source separation of solid waste and recycling materials. All recycling programs must have an educational component set in place in accordance with the Township of Irvington's Three E Equation: Education + Enforcement=Effectiveness, and the four Rs of recycling: Reduce waste, Reuse products, Recycle products, and Rethinking choices-choosing to develop a sustainable lifestyle.
C. 
Leaf and other recycling materials must be recycled, and it is the responsibility of the Irvington Board of Education to properly discard said materials. All annual recycling tonnage reports must be forwarded to the Director of DPW, certified recycling professional or designee for state documentation purposes according to the state and County of Essex regulations.
D. 
The Irvington Board of Education must participate in the Township of Irvington's Keep Irvington Beautiful programming to further educate and implement an aesthetically clean environment for the children which they serve in this community.
A. 
All businesses operating within the Township of Irvington must recycle and are subject to fines from the municipal enforcement team and the County of Essex Health Authority (CEHA).
B. 
All businesses operating within the Township of Irvington must provide private solid waste removal and recycling removal and produce proof of retention of such services as a part of the certificate of occupancy application and/or thereafter annually, at a date determined by the certified recycling agent. Failure to provide such proof initially and/or annually shall constitute a violation of this chapter. Written approval of the solid waste/recycling vendor shall be submitted to Director of DPW for approval.
C. 
It is a known fact that small businesses, i.e., nail salons, hair braiding salons, unisex shops, and barbershops, generate an abundant amount of commingled HDPE and PET material. They are adopted under the Township of Irvington's recycling program to generate recycling tonnage. However, all commingled material must be brought to the 406 Coit Street drop-off site during the hours of 8:30 a.m. to 3:30 p.m. only after contacting the certified recycling professional for approval (973) 399-6697. The Township will not collect at the curbside, and failure to recycle will result in fines.
D. 
All businesses operating within the Township of Irvington must support the Keep Irvington Beautiful Pledge and programming to ensure an aesthetically appealing community for the residents and visitors which they serve.
E. 
All materials for both solid waste and recycling for commercial businesses shall not be placed at the curb earlier than 6:00 a.m. the morning of the collection. There shall be no solid waste and/or recyclable materials from a commercial business placed on curbside overnight. Solid waste and recyclable materials shall be placed at curbside between the hours of 6:00 a.m. and 8:00 a.m. Commercial businesses are required to have solid waste and recycling collected Monday through Friday only.
The Township of Irvington is hereby authorized to award a contract for the removal and transporting of recycling material for a term not exceeding five years or any part thereof upon competitive bidding to the lowest responsible bidder who complies with the regulations respecting the bidding and who furnishes a contractor's surety bond conditioned for the faithful performance of the obligations of the contract. Said bond shall be for each year for which the contract is awarded in a sum equal to the quotient obtained by dividing the amount of the contract by the number of years of the contract, plus 25% of said quotient. Any contract awarded pursuant to this section shall in no way be constructed to afford any exclusive privileges to said contractor with reference to private waste contracts in said municipality.
A. 
The collection and/or disposal and transporting of solid waste and recycling shall comply with all rules and regulations of the local Health Department, disposal site and laws of the State of New Jersey, particularly with the rules of the Bureau of Solid Waste Management of the New Jersey Department of Environmental Protection relating to registration, collection, haulage and dumping and the rules and regulations of the Board of Public Utilities.
B. 
The municipal service of collection and disposal of solid waste and recycling hereunder shall not extend to entry upon private property to remove solid waste and/or recycling from dumpsters or other containers.
C. 
There shall be no reimbursement from municipal funds to those property owners who do not receive the municipal service of collection and disposal of solid waste and/or recycling.
[Amended 2-14-2023 by Ord. No. MC 3815]
A. 
There is hereby established a program for the separate collection of newspapers, glass containers, aluminum cans, bimetal cans, PET plastic containers, HDPE plastic containers, corrugated cardboard, mixed paper, computers and electronics, leaves, brush, white goods, used motor oil and batteries from the residences of the Township of Irvington for recycling purposes. Such collections shall be made weekly according to a schedule of residences and dates to be publicly advertised by the Township of Irvington. Such collection shall be made under the direction of the Director of DPW and the supervision of the certified recycling professional.
B. 
Responsibility of occupants, property owner and residents. The owner of any property shall be responsible for compliance with this chapter. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by DPW. Violations and penalty notices will be directed to the owner or management in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
(1) 
The property owner of each property in the Township of Irvington in the County of Essex shall provide suitable plastic or metal receptacles (garbage bags are prohibited) as herein prescribed, in which the occupant shall place and keep solid waste separate from the recycling materials. Commingling of solid waste and recyclables is strictly prohibited.
(2) 
The property owner/occupant of property shall place in each plastic or metal receptacle (garbage bags are prohibited) for solid waste and recycling no more material than it can properly hold without spilling. Property owners are expressly prohibited from allowing so much garbage in a single receptacle that prevents the attached garbage lid from fully closing, without gap or space.
(3) 
All plastic or metal receptacles (garbage bags are prohibited) for solid waste and recycling shall be so prepared, covered, handled and set by the occupant or other person that the contents shall be secure and shall not spill or leak on the sidewalk or elsewhere.
(4) 
All plastic or metal receptacles (garbage bags are prohibited) for both solid waste and recycling shall not be placed at the curb earlier than 6:00 p.m. the evening prior to collection and shall not be put out the morning of the collection, with consideration that collection times vary and are not mandated to start after 9:00 a.m. (may start as early as 6:00 a.m.).
(5) 
Solid waste and recycling shall not be stored at the front or side of residential, business, commercial or institutional property. Storage of solid waste and recycling plastic or metal receptacles (garbage bags are prohibited) shall be placed in the rear yard of property with an attached lid and in the proper receptacle.
(6) 
When placed at the curb for collection corrugated/cardboard boxes and cartons shall be flattened and securely bundled/tied. Unbundled/untied corrugated/cardboard boxes and cartons placed at the curb are prohibited.
A. 
All containers shall be of the roll-out style with an attached lid. The container shall be properly sized and qualify as to durability, ease of handling, and weather resistance. Each container is expected to be approximately 32 to 50 gallons for residential properties.
B. 
Any solid single piece of solid waste (bulk material/furniture) may be placed at the curb on the scheduled second garbage day, provided the piece does not weigh more than 50 pounds and can be handled by one man. Property owners are limited to two pieces of bulk per week.
C. 
The occupant/property owner shall keep a minimum of two separate, clearly marked and differently colored receptacles with each receptacle storing either solid waste or recycling. Said receptacles shall also be maintained in a clean and in a proper condition for safe handling. Containers with holes and tears may not be used.
D. 
All receptacles or dumpsters shall be maintained in accordance with the Health Code of the Township of Irvington.
E. 
In buildings in which two or more families reside, the owner shall suitably mark each unit's receptacle(s) so as to render the receptacles identifiable.
F. 
In multi-unit dwellings the solid waste and recycling must be placed at the curbside in three-cubic-yard dumpsters not blocking the sidewalk.
Said Director of DPW and the certified recycling professional are hereby authorized and directed to establish and promulgate regulations as to the manner, days and times of such collections and the bundling, handling, location and time of placement of all materials for collection.
From the time of placement at the curb by any resident of any designated recyclable material placed at the curb for collection by the Township of Irvington's authorized agent, pursuant to a program established hereby and the rules and regulations issued hereunder, such materials shall become the property of the Township of Irvington, and it shall be considered a violation of this chapter for any person other than the authorized personnel of the contractor to collect, pick up or cause to be collected or picked up such materials. Each such collection in violation hereof from one or more residences during said period shall be considered a separate and distinct offense.
Any resident may donate or sell used newspapers, glass containers, aluminum cans, bimetal cans, PET plastic containers, HDPE plastic containers, corrugated cardboard boxes, mixed papers or used motor oil to any person, firm, partnership or corporation, whether operating for profit or not. Said person, partnership, firm or corporation may not, under any circumstances, pick up said materials from the curbside of the Township of Irvington.
Any resident/property owner who renovates, decorates and/or demolishes his/her property must obtain a contractor who will properly dispose of any recyclable material, including but not limited to concrete, asphalt, roof shingles, brick, block, wood waste (doors, fences, etc.), tree stumps, etc. The contractor/hauler must report his/her tonnage reports to the New Jersey State of Environmental Protection, County of Essex, and the municipal certified recycling professional in the Township of Irvington at the beginning of the year, prior to April 15.
Any private organization collecting recyclable materials, as set forth in this chapter, shall provide to DPW quarterly reports as to the volume of materials (tonnage) collected by such organization. Those reports will be utilized by DPW for grant funds and other credits which may be authorized by the State of New Jersey, Department of Environmental Protection, pursuant to the provisions of the New Jersey Recycling Act, N.J.S.A. 13:1E-92 et seq.[1] or any other statutes or administrative rules and regulations.
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Editor's Note: N.J.S.A. 13:1E-92 through 13:1E-95 were repealed by L. 2002, c. 128, § 12, effective 12-20-2002.
Any person violating any of the provisions of this chapter where the penalty is not specifically enumerated in the respective section shall, upon conviction thereof, be subject to a minimum penalty of $250 but not exceeding $1,000, with each day the condition exists being a separate violation subject to this penalty, or to imprisonment for a period not exceeding 90 days or a period of community service not exceeding 90 days. In default of the payment of any penalty imposed hereby, the person so convicted may be imprisoned in the county jail or place of detention provided by the municipality for any term not exceeding 90 days or be required to perform community service for a period not exceeding 90 days.