Editor's Note: Former Ch. 19, Solid Waste Management,
was amended in its entirety 12-28-2021 by Ord. No. 29-2021. Prior
ordinance history includes 1966 Code §§ 61A-1 through
61A-15; Ord. Nos. 13-93; 24-2008; 25-2008 § 1; 5-2010; 19-2011;
9-2018; 26-2018; and 36-2019.
[Added 12-28-2021 by Ord.
No. 29-2021]
There is hereby established in the Borough a program for mandatory
source separation and collection of recyclable materials, as specified
herein, in conformity with the County of Passaic approved recycling
plan and in accordance with such rules and regulations as may be promulgated
and placed on file for public review in the office of the Borough
Clerk. This program shall be under the supervision of the Recycling
Coordinator.
[Added 12-28-2021 by Ord.
No. 29-2021]
The Mayor and Council shall establish and promulgate such rules
and regulations, as to manner, days and times of collection, handling,
bundling, location and placement of materials for collection and otherwise,
as may be necessary for the effective operation of the Borough's
recycling program. Such rules and regulations and amendments thereof
shall be adopted by the Mayor and Council by resolution and thereafter
made available for public review in the office of the Borough Clerk.
[Added 12-28-2021 by Ord.
No. 29-2021]
a.
It shall be mandatory for all persons who are owners, lessees or
occupants of residential, commercial or institutional premises within
the Borough to separate all recyclable materials, as specified herein,
from all other solid waste produced in such premises. The materials
shall be presented for recycling as provided herein and in accordance
with such rules and regulations as may be established and promulgated.
Under no circumstances shall designated recyclable materials be commingled
with solid waste presented for collection.
b.
It shall be mandatory for all persons to recycle construction and
demolition waste. As a condition precedent to the issuance of a building
permit, the person taking out such permit shall, as part of the application
for the same, provide written documentation of a proposal to comply
with this section and all rules and regulations promulgated pursuant
thereto.
[Added 12-28-2021 by Ord.
No. 29-2021]
a.
The following are designated as recyclable materials:
1.
Newspaper.
2.
Corrugated.
3.
Mixed paper.
4.
Glass food and beverage containers.
5.
Aluminum beverage containers.
6.
Tin and bimetal cans.
7.
Plastic containers (PET and HDPE).
8.
Ferrous and nonferrous scrap metals.
9.
White goods.
10.
Tires.
11.
Used motor oil.
12.
Automotive batteries.
13.
Leaves.
14.
Brush.
15.
Grass.
16.
Recyclable construction and demolition waste; any otherwise recyclable
material, concrete, brick, block, asphalt, asphalt-based roofing scrap
and tree stumps/trunks.
[Added 12-28-2021 by Ord.
No. 29-2021]
a.
Newspaper, corrugated, mixed paper and, for commercial and institutional
premises, high-grade paper shall not be commingled but separated and
tied securely with rope or twine in bundles not to exceed 30 pounds
in weight or 12 inches in height or placed in brown paper bags. Where
curbside pickup of recyclables is provided, such bundles may be placed
curbside on designated collection days.
b.
Glass food and beverage containers, aluminum beverage containers,
tin and bimetal cans and plastic containers shall be rinsed, drained
and free of food, liquid or other substances and the labels removed
from tin and bimetal cans. These materials may be commingled and shall
be placed in a recyclable materials container, provided by the owner
of the premises. Such container shall have a capacity of no more than
32 gallons and shall weigh no more than 60 pounds when full. Recyclable
materials shall not be placed in paper or plastic bags, cardboard
boxes or metal drums. Where curbside pickup of recyclables is provided,
such material may be placed curbside on designated collection days.
c.
In conformance with the annual fall pickup schedule as determined
by the Borough Recycling Coordinator, leaves shall be bagged in lawn/leaf
bags (thirty-pound limit) and placed curbside on designated pickup
days.
d.
Grass and other appropriate vegetative waste shall be bagged in lawn/leaf
bags (thirty-pound limit) and placed curbside on designated pickup
days.
e.
Brush shall be tied together in lengths not to exceed four feet and
bundles not to exceed 30 pounds and placed curbside on designated
pickup days.
f.
Noncommercial passenger motor vehicle tires will be collected by
the Borough in accordance with a designated schedule upon payment
of a fee of $5 per tire. Advance registration with the Borough Clerk
and prepayment of the appropriate fee shall be made at least two days'
prior to a designated pickup date. Commercial vehicle tires shall
not be collected and shall not be deposited for collection at any
time.
g.
White goods will be collected by the Borough in accordance with a
designated schedule. Advance registration with the Borough Clerk shall
be made at least two days' prior to a designated pickup date.
h.
Ferrous and nonferrous scrap metal not part of an appliance shall
be placed curbside in accordance with rules and regulations promulgated
by the Borough where curbside pickup of recyclables is provided.
i.
Used motor oil, automotive batteries and other recyclable material
not designated for collection by the Borough must be disposed of in
an appropriate manner and shall not be made part of solid waste or
otherwise placed for collection.
[Added 12-28-2021 by Ord.
No. 29-2021]
No recyclable material that has been contaminated by a substance
such as paint, turpentine, animal droppings, etc., so as to render
the material unmarketable shall be presented for recycling.
[Added 12-28-2021 by Ord.
No. 29-2021]
The Borough shall promulgate and make available to the public
in the office of the Borough Clerk and otherwise a schedule for the
collection of recycling materials. Materials shall be placed at the
curbside no sooner than 6:00 p.m. on the day prior to scheduled collection
and no later than 6:00 a.m. on the day of scheduled collection. Empty
containers or unaccepted material must be removed from the curb no
later than 8:00 p.m. on the day of scheduled collection.
[Added 12-28-2021 by Ord.
No. 29-2021]
No container with recyclable materials or recyclable material
shall be placed in any gutter or road or on any walk, sidewalk or
public thoroughfare so as to interfere with public travel.
[Added 12-28-2021 by Ord.
No. 29-2021]
At the option or expense of persons required to separate recyclable
materials from other solid waste, such recyclable materials may be
disposed of by any other lawful means, including, but not limited
to, contribution of such material to charitable recycling drives;
provided, however, that in no event shall the same be disposed of
as part of solid waste.
[Added 12-28-2021 by Ord.
No. 29-2021]
Recyclable materials placed at the curb or recycling center
are the property of the Borough or its authorized agent(s). It is
a violation of this section for any person not authorized by the Borough
to collect or pick up or cause to be collected or picked up any such
material. Any and each such collection in violation hereof shall constitute
a separate and distinct offense.
[Added 12-28-2021 by Ord.
No. 29-2021]
a.
All commercial and institutional premises which are not serviced
by the Borough's recycling collection systems shall submit recycling
documentation to the Borough Recycling Coordinator on a quarterly
basis as follows:
|
Reporting Period
|
Report Due
|
|---|---|
|
January 1 to March 31
|
April 8
|
|
April 1 to June 30
|
July 8
|
|
July 1 to September 30
|
October 8
|
|
October 1 to December 31
|
January 8
|
b.
The Borough Recycling Coordinator will compile all recycling documentation and report to the County Recycling Coordinator on a quarterly basis by the 15th of each month. A report is due as indicated in Subsection a above.
c.
The Borough Recycling Coordinator will submit all the necessary documentation
necessary for yearly municipal recycling certification to the County
Recycling Coordinator by April 15 of each year for information on
the previous calendar year's activities.
[Added 12-28-2021 by Ord.
No. 29-2021]
The Borough will require self-audit waste surveys in the commercial/industrial
sectors. All businesses employing 50 or more employees shall submit
waste reduction plans to the County Recycling Coordinator and copies
to the Municipal Recycling Coordinator.
[Added 12-28-2021 by Ord.
No. 29-2021]
Any person who violates or fails to comply with any provision
of this section shall, upon conviction thereof, be subject to a fine
of not less than $100 and not more than $1,000 for each offense, in
addition to community service as ordered by the court. Two written
warnings shall be issued to noncomplying residents prior to issuance
of a summons and imposition of fines.
[Added 12-28-2021 by Ord.
No. 29-2021]
This section shall be enforced by the Department of Health,
the Passaic County Health Department, the Police Department and such
other departments as may be designated by the Mayor and Council.
[Added 12-28-2021 by Ord.
No. 29-2021]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semiliquids or solids from the
containers to the municipal separate storm sewer system operated by
and/or on behalf of the Borough of Bloomingdale and/or the waters
of the state so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
[Added 12-28-2021 by Ord.
No. 29-2021]
a.
Any person who controls, whether owned, leased, or operated, a refuse
container or dumpster, or owns the property housing such refuse container
or dumpster, must ensure that such container or dumpster is covered
at all times and shall prevent refuse from spilling out or overflowing.
b.
Any person who owns, leases or otherwise uses a refuse container
or dumpster, or owns the property housing such refuse container or
dumpster, must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semiliquids or solids to the municipal
separate storm sewer system(s) operated by or on behalf of the Borough
of Bloomingdale.
c.
When not placed at the curb for collection, all receptacles used
for the storage of recycling, refuse and garbage, as well as all refuse
and trash awaiting disposal, shall not be stored in any front yard
area. If the storage area is within 10 feet of the side or rear lot
line, the storage area shall be screened from adjoining property or
public right-of-way by a solid fence or row of plantings that will
provide year-round screening. Such fencing or plantings shall not
be less than 48 inches high. Such storage area shall not be in violation
of side or rear yard setback distances.
[Added 12-28-2021 by Ord.
No. 29-2021; amended 7-18-2023 by Ord. No. 34-2023]
Exceptions are as follows:
[Added 12-28-2021 by Ord.
No. 29-2021]
This section shall be enforced by the Code Enforcement Officer
of the Borough of Bloomingdale.
[Added 12-28-2021 by Ord.
No. 29-2021]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine of not less than $100 and
not more than $500. Two written warnings shall be issued to noncomplying
residents prior to issuance of a summons and imposition of fines.
[Added 12-28-2021 by Ord.
No. 29-2021]
Each dumpster which is at a minimum 3 1/2 yards shall be
enclosed by a stockade fence or a cyclone fence with screening on
all sides of the dumpster where access is not required. Required access
doors shall be designed to screen the dumpsters from view.
[Added 12-28-2021 by Ord.
No. 29-2021]
All commercial property, as defined above, within the Borough of Bloomingdale shall be responsible for entering into a contract with a private waste disposal company for the collection of all garbage and solid waste, including recyclable materials as defined in Subsection 19-1.4.
[Added 12-28-2021 by Ord.
No. 29-2021; amended 7-18-2023 by Ord. No. 34-2023]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Includes all disposable containers fabricated solely of aluminum
and commonly used for soda, beer or other beverages.
Batteries commonly used in automobiles or trucks; does not
include household batteries.
Includes all disposable containers fabricated of two metals,
including tin, and commonly used for food items.
All small trees, shrubs, limbs and branches.
Any nonresidential, public or private business establishment,
including, but not limited to, manufacturing, processing, retailing
or service establishments of whatever kind or nature, food establishments
in business for the purpose of consumption (on- or off-premises),
as well as food distributions or processing, shipping and receiving
areas, and professional or nonprofit or business entities.
All real property wherein such real property is used for
other than exclusively residential purposes.
Recyclable components resulting from the construction or
demolition of a building, structure or land surface. These recyclable
components include asphalt, asphalt-based roofing, blocks, bricks,
cement, concrete, window glass, scrap metals, tree stumps, logs, branches
and any other recyclable components.
A type of paper in which a portion has been made to have
a wavy surface (alternating ridges and grooves) and is placed between
two flat surfaces for the sake of strength and which is commonly used
to form cartons.
All materials listed in the Passaic County District Recycling
Plan and designated to be source-separated from the solid waste stream
for the purpose of recycling.
Those metals derived from, containing or alloyed with iron
or steel.
Includes waste from edible material resulting from the handling,
preparation, processing, cooking or consumption of food.
Includes all solid waste and rubbish normally placed at the
curb for collection on a regular schedule.
A metal or plastic container of substantial construction
with a tight-fitting lid and handles of sufficient size and strength
to facilitate safe handling of the container when full.
Bottles and jars made of silica or sand, soda ash and limestone
being transparent or translucent and breakable and used for packaging
of various matter.
All grass clippings that are composted in combination with
other vegetative waste.
Papers generally used in an office environment that are of
high quality and including, but not limited to, computer, letterhead,
ledger, and photocopy paper.
An established organization or foundation dedicated to public
services or culture, including, but not limited to, religious, educational,
health-care and governmental establishments. Includes nursing homes,
health-care facilities, hospitals, schools, churches, and other such
establishments.
And refer to fallen leaves.
And include all unsoiled paper materials such as magazines,
junk mail, books (not hardcovered), manila folders and similar material.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by or on behalf of the Borough of Bloomingdale or other public body,
and is designed and used for collecting and conveying stormwater.
And include paper of the type commonly referred to as "newsprint"
and distributed at stated intervals having printed thereon news and
opinions and containing advertisements and other matters of public
interest.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any molded substance (PET, HDPE and PVC) consisting of organic
compounds synthesized from hydrocarbons, proteins, cellulose or resins
commonly used for beverage and food containers.
A metal or plastic container of substantial construction
with a tight-fitting lid and handles of sufficient size and strength
to facilitate safe handling of the container when full.
Any process by which materials which would otherwise become
solid waste are collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products.
Any container that a person controls whether owned, leased,
or operated, including dumpsters, trash cans, garbage containers,
recyclable materials containers, plastic trash bags and private contractor
flexible containers.
[Amended 7-18-2023 by Ord. No. 34-2023]]
Includes all discarded products made of steel, iron, tin
and other like household materials, excluding food or beverage containers.
Includes all garbage and rubbish normally placed at the curb
for collection on a regular schedule or all material placed in a private
contractor flexible refuse container.
[Amended 7-18-2023 by Ord. No. 34-2023]]
The process whereby recyclable materials are kept separately
and apart from residential, commercial and institutional solid waste
by the generator for the purposes of collection, disposition and recycling.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
A continuous solid or pneumatic rubber cushion encircling
a wheel for use on a motor vehicle not for commercial use; does not
include the rim.
All oil from internal combustion engines, transmissions,
differentials, etc., that are collected by a NJDEP registered hazardous
waste transporter.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
Any used refrigerator, stove, washing machine, dryer, etc.,
pieces of ferrous/nonferrous scrap metal that can be placed at the
curb for collection.
[Added 12-28-2021 by Ord.
No. 29-2021]
The Borough shall promulgate and make available to the public
in the office of the Borough Clerk and otherwise a schedule for the
collection of residential garbage. Garbage shall be placed at the
curbside no sooner than 6:00 p.m. on the day prior to scheduled collection
and no later than 6:00 a.m. on the day of scheduled collection. Empty
garbage containers or unaccepted items must be removed from the curb
no later than 8:00 p.m. on the day of scheduled collection.
[Added 12-28-2021 by Ord.
No. 29-2021]
a.
Garbage containers shall have a capacity of no more than 32 gallons.
b.
No more than four garbage containers, or the equivalent, shall be
permitted each collection day.
c.
Each garbage container shall weigh no more than 60 pounds when full.
d.
Garbage shall be contained in plastic bags within a garbage container
securely tied to prevent garbage from spilling out or any liquids/semiliquids
from leaking out. Loose food waste shall not be permitted.
e.
Plastic bags, not in a garbage container, containing food waste shall
not be permitted.
[Added 12-28-2021 by Ord.
No. 29-2021]
a.
Construction materials shall not be permitted. Residents are responsible
to obtain a private company container for these items, i.e., sheetrock,
windows, shingles, lumber, etc.
b.
Except in emergencies as declared by the Office of Emergency Management,
no single item or bundle shall exceed 60 pounds, no single item or
bundle shall have any dimension greater than four feet, and no single
item or bundle shall be bulkier than one man can lift. Each single
item or bundle shall be considered to be equivalent to one garbage
container. No more than four garbage containers shall be permitted
each collection day. For any single items or bundles not eligible
for collection due to weight, size or bulk, contact the Borough Administrator,
Clerk or Deputy Clerk for assistance.
c.
Grass clippings, leaves, roots, stumps, trees, branches, etc., shall
not be permitted.
d.
Recyclable materials shall not be permitted.
e.
Used motor oil, automotive batteries and other recyclable material
not designated for collection by the Borough must be disposed of in
an appropriate manner and shall not be made part of solid waste or
otherwise placed for collection.
[Added 12-28-2021 by Ord.
No. 29-2021]
No garbage container or garbage material shall be placed in
any gutter or road or on any walk, sidewalk or public thoroughfare
so as to interfere with public travel.
[Added 12-28-2021 by Ord.
No. 29-2021]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine of not less than $100 and
not more than $500. Two written warnings shall be issued to noncomplying
residents prior to issuance of a summons and imposition of fines.
[Added 12-28-2021 by Ord.
No. 29-2021]
This section shall be enforced by the Code Enforcement Officer
of the Borough of Bloomingdale.
[Added 7-18-2023 by Ord.
No. 34-2023]
Private contractor flexible refuse containers shall be permitted
in front yard areas, front-facing driveway areas, side yard and side-facing
driveway areas abutting a public thoroughfare for no more than 14
days.
[Added 7-18-2023 by Ord.
No. 34-2023]
Food waste shall not be permitted in private contractor flexible
refuse containers.
[Added 7-18-2023 by Ord.
No. 34-2023]
No private contractor flexible refuse container shall be placed
in any gutter or road or on any walk, sidewalk or public thoroughfare
so as to interfere with public travel.
[Added 7-18-2023 by Ord.
No. 34-2023]
Any person(s) who is found to be in violation of this section
shall be subject to a fine of not less than $100 and not more than
$500. One written warning shall be issued to non-complying residents
or property owners prior to issuance of a summons and imposition of
fines.
[Added 7-18-2023 by Ord.
No. 34-2023]
This section shall be enforced by the Code Enforcement Officer
of the Borough of Bloomingdale.
