[HISTORY: Adopted by the Township Council of the Township of Saddle Brook 11-12-1987 by Ord. No. 961; amended in its entirety 4-9-2009 by Ord. No. 1465. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Bergen County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
A. 
For residential premises (one-family to four-family dwellings):
(1) 
Garden apartment, condominium or townhouse complexes and premises:
(a) 
Glass (effective date of mandatory separation: April 3, 1989): transparent, translucent (green in color), translucent (amber in color); aluminum cans, newspapers and magazines, corrugated cardboard, leaves, plastic bottles Type 1 and 2, white goods, tin cans, ferrous scrap, tires, mixed paper, household batteries, electronics, construction and demolition debris.
B. 
For business and/or commercial premises:
(1) 
Glass (effective date of mandatory separation: April 3, 1989): transparent, translucent (green in color), translucent (amber in color); aluminum cans, newspapers and magazines, corrugated card board, ferrous scrap, leaves, scrap metals, tires, high-grade office paper, white goods, mixed paper, construction and demolition debris, plastic containers Type 1 and 2, household batteries, electronics.
ELECTRONIC WASTE
A computer central processing unit and associated hardware, including keyboards, modems, printers, scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones.
MULTIFAMILY DWELLING
Any building or structure, or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a) 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 RECYCLING COORDINATOR
The person or persons appointed by the Mayor and who shall be authorized to, among other things, enforce the provisions of this chapter, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of the Township of Saddle Brook.
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.
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.
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.
A. 
Mandatory source separation: It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the municipality of the Township of Saddle Brook, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Township of Saddle Brook.
B. 
Exemptions: Pursuant to N.J.S.A. 13:1E-99.16d, the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source-separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this chapter, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.
The collection of recyclable material shall be in the manner prescribed as follows:
A. 
All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above.
B. 
All receptacles or dumpsters shall be maintained in accordance with the Health Code of the municipality of the Township of Saddle Brook, and in a clean and safe manner.
C. 
Newspapers. It shall be mandatory for all persons who are owners, lessees and occupants of residential, institutional and commercial dwellings located on dedicated roadways in the Township of Saddle Brook, County of Bergen, State of New Jersey, to separate newspapers and magazines born all other solid waste produced by residents and to separately bundle said newspapers and magazines, secured in bundles not to exceed 50 pounds, and they shall not be contained in plastic bags. Bundles of newspapers and magazines as described above shall not remain, in the case of one- and two-family dwelling units, at the house or garbage pickup location for other refuse, but instead shall be placed by the owner, lessee or occupant at the curb on the days prescribed and scheduled by the Township of Saddle Brook. In the case of commercial units, other dwelling units, such as apartments and townhouses, and multidwelling units shall ensure that a special place is designated for the storage of said newspapers and magazines, and all lessees or owners of said dwelling units shall be required to separate such items and place the same in said designated place as aforesaid. The owner(s) or manager of said multifamily dwelling units located on dedicated Township roadways shall notify the Department of Public Works Superintendent of the location of said area, which must also be satisfactory to the Township's Fire Prevention Bureau.
D. 
Leaves. All leaves generated from trees lying within the boundaries of the Township of Saddle Brook shall be source separated by all persons for removal from the municipal solid waste stream pursuant to the following methods of disposal:
(1) 
Method of disposal.
(a) 
During leaf collection season as designated by the rules and regulations promulgated hereunder, no person shall sweep, rake or deposit leaves into any Township right-of-way or public place within the Township, except that those leaves which fall within said right-of-way of the Township may be raked out into the streets located in the Township. All other leaves must be bagged in recyclable biodegradable leaf bags, which bags shall be placed at the gutter line in front of said property and shall thereafter be subject to collection by the Township.
(b) 
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection and shall not be placed closer than 10 feet to any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this subsection. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street, or said party shall be deemed in violation of this subsection.
(2) 
Other acceptable methods of disposal.
(a) 
Composting or mulching of leaves. Notwithstanding the requirements and regulations established under this subsection, any person may choose to compost and/or mulch their particular leaves on site for their personal horticultural benefit, provided that such activities are of no adverse consequence to the health and safety codes currently governing or to be promulgated to govern such activity and that such alternate means of disposal are accomplished at no cost to the Township of Saddle Brook.
E. 
Household-generated batteries.
(1) 
Effective immediately with the adoption of this chapter, it shall be mandatory for all persons to separate household-generated batteries, as defined herein, from their solid waste and to place said household-generated batteries in containers specifically identified for recycling of household-generated batteries at a location to be designated by the Recycling Coordinator.
(2) 
No lead-acid batteries will be accepted, i.e., car, motorcycle and marine batteries or any other batteries that contain lead-acid.
F. 
Cardboard and chipboard. Cardboard must be broken down for easier handling and contained in another cardboard box or string tied to prevent spillage/blowing. Chipboard may be placed with the newspapers and follow the same regulations for newspaper.
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 the appropriate municipal office. 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.
A. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this chapter.
B. 
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
C. 
Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
D. 
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products and maintain such records as may be prescribed, for inspection by any code enforcement officer.
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 Saddle Brook 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 contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
B. 
Prior to the issuance of a certificate of occupancy by the municipality of the Township of Saddle Brook, 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 municipality 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 Municipal Engineer.
A. 
It shall be unlawful for solid waste collectors 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 sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
B. 
It shall be the responsibility of the resident 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 location identified by this chapter, or any rules or regulations promulgated pursuant to this chapter, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
[Added 8-1-2019 by Ord. No. 1663-19]
Recycling cans cannot be put out before 6:00 p.m. on the night prior to the pickup, and all containers must be removed from the curb area within 12 hours of pickup.
The Code Enforcement Official, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, the Housing Officer, and the Bergen County Department of Health are hereby individually and severally empowered to enforce the provisions of this chapter.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter, or any of the rules and regulations promulgated hereunder shall, upon conviction thereof; be punishable by a fine not to exceed $1,000. Each day for which a violation of this chapter occurs shall be considered a separate offence. Fines levied and collected pursuant to the provisions of this chapter shall be immediately deposited into the municipal recycling trust fund (or equivalent). Monies in the municipal recycling trust fund shall be used for the expenses of the municipal recycling program.
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. This chapter shall take effect immediately, unless otherwise provided by resolution of the governing body.