[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 11-10-2020 by Ord. No. 2020-23.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 91,
Recycling, adopted 7-25-85 by Ord. No. 85-40 and amended in its entirety 3-22-88 by Ord. No. 88-8, as amended.
As used in this chapter, the following words, phrases, and terms
shall have the meanings indicated as follows:
All disposable cans made of aluminum used for food and beverages.
Specifically excluded are aluminum foils, pie tins, trays, cookware
and other such aluminum products.
All automotive engine coolant consisting of a mixture of
ethylene glycol and water or propylene glycol and water.
Includes lead-acid batteries (batteries from automobiles,
trucks, other vehicles and machinery and equipment); rechargeable
batteries (nickel cadmium (Ni-Cd), nickel metal hydride (Ni-MH), lithium
ion (Li-ion) and small sealed lead (Pb); and alkaline batteries.
A combining of source-separated recyclable materials, including
corrugated cardboard, mixed paper, and mixed office paper, for the
purpose of recycling. Cardboard and paper recycling shall be kept
contained and dry.
Food and beverage cartons made with paper and wax (for milk,
soup, juice, and broth).
All public or private establishments, including, but not
limited to, manufacturing, retailing and/or service establishments,
food establishments in business for the purposes of consumption (on
or off premises) as well as food distribution and/or processing and
professional and/or nonprofit or for-profit corporate entities.
A combining of source-separated recyclable materials, including
aluminum cans, glass bottles and jars, cartons and plastics (Nos.
1, 2 and 5) for the purpose of recycling. Commingled recycling shall
be empty, clean and dry.
A process by which organic materials are turned into "humus"
(similar to topsoil).
Cardboard containers used primarily for the packaging, boxing,
and/or transportation of products of any type.
All materials designated by the Town of Secaucus and/or designated
in the Hudson County District Solid Waste Management Plan to be source
separated from the solid waste stream for the purpose of recycling.
A separating of commingled recycling from carboard and paper
recycling for the purpose of curbside recycling collection.
Any one-family, two-family or multifamily home; apartments
and high-rises; condominiums and/or cooperatives.
Equipment utilizing electricity as defined at N.J.S.A. 13:1E-99.94
et seq., which currently includes televisions, facsimile machines,
personal computers, computer monitors and printers.
Includes all discarded products made of steel, or ferrous
metal, cast-iron components.
Transparent or translucent containers made from silica or
sand, soda ash and limestone, used for the packaging or bottling of
various products. Specifically excluded are dishware, broken glass,
glass shards, light bulbs, window glass, ceramics and other such glass
products.
Includes all waste as defined in N.J.S.A 12:1E-38, N.J.S.A.
12:1E-51 and N.J.A.C. 7:26-8.1 et seq.
Foliage from plants and trees only.
All cans, other than aluminum, consisting entirely of steel,
tin, or bimetal and used in the storage of food and beverages.
White office paper, white copy paper, white computer printout
paper, white bond paper and white typing paper.
Any combination of newspaper, high-grade paper, "junk mail"
and advertisements and nonwhite paper.
Paper of any 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.
Any individual, firm, partnership, corporation or association
of persons.
Plastic bottles and food containers limited to plastic resin
type No. 1 PET, plastic resin type No. 2 HDPE and plastic resin type
No. 5, PP. Specifically excluded are other resin types (Nos. 3, 4,
6 and 7) and other consumer items and packages, such as film plastics,
blister packaging, boxes, baskets, toys and other such products.
The process by which designated materials, which would otherwise
become solid waste, are separated, collected, processed and returned
to the economic mainstream in the form of raw materials or products.
All discarded products made of steel, aluminum or other materials
used for any purpose, excluding food and/or beverage packing.
All garbage and rubbish that is collected for disposal, as
defined in N.J.S.A. 13:1E-38, N.J.S.A. 13:1E-51 and N.J.A.C. 7:26-8.1
et seq., and amendments thereto.
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.
Rubber wheels used on motorized transport or equipment whether
bias-ply, cross ply or radial.
All waste crank case oils used with internal combustion engines,
generators, turbines, etc.
Includes household or commercial appliances made of steel
or any other form of metal, including refrigerators, freezers, washing
machines, dryers, furnaces, stoves, ranges, hot water heaters, air
conditioners, trash compactors, dishwashers, and other household or
commercial appliances.
Grass clippings, hedge trimmings, Christmas trees, twigs,
sticks, branches and/or shrubbery.
A.
It is the purpose of this chapter to establish a mandatory program
for the source separation of the following designated recyclable materials
to be source separated from the solid waste generated within the Town
of Secaucus for the purpose of recycling.
B.
The following are designated recyclable materials to be source separated
from solid waste: aluminum cans, antifreeze, batteries, brush/tree
parts, cartons, concrete/asphalt and masonry/paving materials, corrugated
cardboard, electronic waste, glass bottles and jars, leaves, metal,
mixed paper and mixed office paper, plastic containers, used motor
oil and used motor oil filters, whites goods, yard waste, and untreated
wood.
(1)
This above list reflects the most recent list of designated recyclable
materials, which may be amended as markets develop for other materials
or as required by the State of New Jersey or the County of Hudson.
C.
All owners, lessees, or occupants of dwelling units, and all owners,
lessees, and occupants of business, commercial and/or industrial establishments,
and all owners, lessees, and occupants of private, public and governmental
institutions and facilities, shall comply with all the provisions
and obligations set forth in this chapter.
D.
The owner of any property shall be responsible to inform all occupants
of their property of the provisions of this chapter and the designated
collection regulations.
E.
For multifamily dwelling units, the owner or management is responsible
for maintaining the recycling system, including collection of commingled
recycling and cardboard and paper recycling. Violations and penalties
will be directed to property owners or management in instances where
the violator is not easily identifiable. The owner or management shall
issue notification and collection rules to new tenants when they arrive
and every six months thereafter.
A.
It shall be unlawful for all persons who are owners, lessees, or occupants of dwelling units, and all owners, lessees, and occupants of business, commercial and/or industrial establishments, and all owners, lessees, and occupants of private, public and governmental institutions and facilities within the Town of Secaucus, to fail to separate designated recyclable materials listed in § 91-2 from solid waste and to recycle said materials in the following manner:
(1)
Regular curbside collection of designated recyclable materials by
the Town of Secaucus includes commingled recycling and cardboard and
paper recycling.
(a)
Commingled recycling shall be separated from cardboard and paper
recycling as dual-stream recycling.
(b)
Under no circumstances shall commingled recycling and/or cardboard
and paper recycling be placed in plastic bags of any type.
(c)
Containers or receptacles shall be placed at designated collection
or pickup site(s) on day(s) to be determined by the Town of Secaucus
or its authorized agent, in accordance with all applicable regulations.
(2)
All other designated recyclable materials shall be recycled in accordance
with recycling instructions published by the Town of Secaucus, the
County of Hudson, or in accordance with applicable state and federal
regulations, including, but not limited to, antifreeze, batteries,
brush/tree parts, concrete/asphalt and masonry/paving materials, electronic
waste, leaves, metal, used motor oil and used motor oil filters, whites
goods, yard waste, and untreated wood.
B.
Cardboard and paper recycling.
(1)
Cardboard shall be flattened and have any other attached materials
such as Styrofoam or plastic removed. Cardboard and paper recycling
shall be tied securely in bundles with twine, rope, cord or other
such binding to facilitate handling or kept in an enclosed bin or
container to ensure that it will not be windblown or distributed onto
the public thoroughfare.
(2)
Bundles or open collection containers containing cardboard, newspapers,
mixed paper or mixed office paper should not be exposed to moisture
or rainfall and kept contained in covered storage if such is likely
to occur.
(3)
If bundled, bundles should not exceed a weight of 30 pounds each
or a height of more than 12 inches each.
C.
Commingled recycling.
(1)
Glass containers, aluminum cans, plastics, and cartons used for the
storage of food and/or beverages shall be clean, empty, and dry.
(2)
Occupants of dwelling units shall place all commingled recyclables
in containers or receptacles provided by the Town of Secaucus, building
or complex management or self-supplied.
(3)
Notwithstanding the foregoing, any owners, lessees, or occupants
of a dwelling unit may utilize glass food and beverage containers
and/or aluminum cans for the disposal of nonhazardous liquid wastes
and place same with other regular solid waste.
D.
Liquid and hazardous waste exclusions.
(1)
No liquids of any type shall be placed with collected recyclable
materials.
(2)
No chemicals, liquid paints, pesticides, herbicides, reactive polishes
or cleansers, cleaning or automotive products, propane tanks or other
hazardous wastes shall be placed with collected recyclable materials
or with designated collected solid waste for collection.
E.
Nonresidential establishment compliance requirements.
(1)
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 commingled recycling and cardboard and paper recycling, for those
materials commonly deposited, in the location of the litter receptacle,
and shall provide for separate recycling service for their contents.
The property owner or their designee is responsible for setting up
and maintaining the recycling system, including collection of commingled
recycling and cardboard and paper recycling, and placement at curbside
for collection on the designated collection day(s) and time(s) only.
Violations and penalty notices may be directed to the property owner,
representative or management.
(2)
Every business, institution or industrial facility shall report on
an annual basis to the Town's Recycling Coordinator, on such
forms as may be prescribed, on recycling activities at its premises,
including the amount of recycled material collected and recycled,
by material type, and the vendor(s) providing recycling service.
(3)
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 prescribed for inspection by any code enforcement
officer.
A.
The Town of Secaucus may use municipal personnel to collect the recyclable
materials set forth herein at designated curbside and/or collection
or pickup site(s) and shall dispose of or sell said recyclable materials,
if a market exists therefor, pursuant to N.J.S.A. 40A:11-1 et seq.
and amendments thereto.
B.
The Town of Secaucus may elect to enter into agreements with qualified
persons, partnerships, or corporations for the purpose of authorizing
them to collect all said recyclable materials, or any portion thereof,
at curbside or collection or pickup site(s).
C.
The Recycling Coordinator(s) shall, upon receipt of a completed and
approved application, issue approvals to any person, civic, fraternal,
nonprofit, or for-profit organization, authorizing a dropoff collection
point for the aggregation of certain specific recyclable materials.
Issuance of an approval shall not, however, authorize said person,
civic, fraternal, nonprofit, or for-profit organization to pick up
or collect said specific recyclable materials from any curbside or
from any designated municipal collection or pickup site(s) in the
Town of Secaucus.
D.
Nothing herein shall prohibit the Town from using its own personnel
to collect leaves and yard waste, commingled recycling, cardboard
and paper recycling, or such other designated recyclable materials,
or contract out the cost of said collection, as may be determined
to be in the best interests of the municipality.
A.
Designated recyclable materials, as defined herein, shall be the
property of the Town of Secaucus once placed at the designated collection
or pickup site(s) authorized by the Town of Secaucus or its designated
agent.
B.
No unauthorized person shall pick up or cause to be picked up said
recyclable materials. Each such unauthorized collection will be illegal
and in violation of this chapter and shall constitute a separate and
distinct offense, punishable as hereinafter provided.
Notwithstanding the provisions of this chapter, any owner, lessee,
or occupant of a dwelling unit, public or private institution, or
commercial or industrial establishment may donate or sell recyclable
materials as defined herein to any person, partnership, or corporation,
whether or not operating for profit. However, said person, partnership,
or corporation shall not pick up said recyclable materials at curbside
or at any collection or pickup site(s) designated by the Town or its
designated agent.
A.
The Recycling Coordinator(s) of the Town of Secaucus shall establish
the collection or pickup site(s) and the day(s) of collection for
the designated recyclable materials defined herein. Said information
shall be kept on file with the Superintendent of the Department of
Public Works.
B.
Labeling of containers. Owners, lessees, or occupants of dwelling
units, and all owners, lessees, and occupants of business, commercial
and/or industrial establishments, and all owners, lessees and occupants
of private, public and governmental institutions and facilities shall
provide separate and clearly marked containers for solid waste and
the various types of recyclables, as appropriate.
A.
Any owner, lessee or occupant of any dwelling unit, public or private
institution and commercial or industrial establishment actively participating
in a recycling program within the Town of Secaucus which is not operated
by the Town of Secaucus or its authorized agent shall submit biannual
documentation in accordance with the requirements of the State of
New Jersey which verifies the tonnage of materials recycled.
B.
Such biannual documentation of tonnage shall be submitted to the
Recycling Coordinator(s) no later than 20 days following July 31 and
December 31 of each year. Failure to provide this information may
cause the program to be terminated at the option of the Town Recycling
Coordinator(s).
A.
Solid waste collectors shall not collect solid waste that is mixed
with, or contains visible signs of, designated recyclable materials.
It is also not permitted 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 owner, lessee or occupant to
properly segregate the uncollected solid waste for proper disposal
or recycling. Allowing such unseparated solid waste and recyclables
to accumulate will be considered a violation of this chapter and the
local sanitary code.
C.
Once placed in the designated collection or pickup site(s) authorized
by the Town of Secaucus or its designated agent, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
Members of the Secaucus Police Department, the Secaucus Health
Department, the Secaucus Environmental Department, the Recycling Coordinator(s),
the Property Maintenance Officer(s), and the Superintendent of the
Department of Public Works are hereby designated to enforce this chapter
and amendments thereto. The respective enforcing official may, in
their discretion, post warning notice tags, mail notices of violation,
or issue summons for any offense after sight or sound inspection.
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.
A.
Unless another penalty is expressly provided in this chapter, any
person violating or failing to comply with any provision of this chapter,
or any regulations promulgated hereto, shall upon conviction thereof
be punishable by a fine of not less than $50 nor more than $1,000
at the discretion of the Municipal Court Judge. The continuation of
such violation, and each violation or the continuation of such violation,
shall constitute a separate and distinct offense punishable as provided
for herein.
B.
The following fines for various sections of Chapter 91 of the Code of the Town of Secaucus entitled "Recycling" shall be as follows:
|
Section
|
Description
|
Penalty
|
|---|---|---|
|
§ 91-3A
|
Mandated recyclable items observed with solid waste
|
$54
|
|
Failure to separate cardboard and paper recycling from commingled
recycling
|
$54
| |
|
Use of prohibited plastic bags for placement of recyclables
|
$54
| |
|
Violation of recycling schedule or designated location
|
$54
| |
|
§ 91-3B(1)
|
Cardboard recyclables violation: contaminated; not contained
in containers or receptacles; exposed to moisture
|
$54
|
|
§ 91-3C
|
Commingled recyclables violation: contaminated; not contained
in containers or receptacles
|
$54
|
C.
Fines levied and collected pursuant to the provisions of this chapter
shall be immediately deposited into the Municipal Recycling Fund.
Monies in the Municipal Recycling Trust Fund shall be used for the
expenses of the municipal recycling program.
All ordinances or parts of ordinances inconsistent herewith
are repealed as to such inconsistencies.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
This chapter shall take effect upon passage and publication
as provided by law and shall be applicable to any new applications
or renewal applications.
