[Adopted 9-2-1992 by Ord. No. 1992-34]
There is hereby established a program for the
mandatory separation of newspapers, glass, aluminum/bimetal products,
and other solid wastes within the Township of West Milford.
As used in this article, the following terms
shall have the meanings indicated:
Containers made exclusively of aluminum which are used to
hold beverages.
Crushed or shredded automobile and truck bodies.
Automobile and truck batteries. Does not include household
batteries.
Consisting of or relating to two metals. Also includes tin
cans.
All small trees, shrubs, limbs and branches.
Any nonresidential building, structure or establishment,
including, but not limited to, those used for retail, wholesale, offices,
professional services, shipping and receiving areas, cafeterias, automobile
service, restaurants and dining areas and taverns.
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
[Added 9-21-2005 by Ord. No. 2005-16]
Used to identify a type of paper in which a portion has been
made to have a wavy surface (alternating ridge and grooves) and is
placed between two flat surfaces for the sake of strength and which
is commonly used to form cartons.
Those recyclable materials listed in the Passaic County District
Recycling Plan which are mandated to be collected for recycling. These
materials may be expanded as viable markets are found.
Derived from, containing, or alloyed with iron or steel.
All food waste that is recycled or rendered such as meat
bones, frying oil, or institutional kitchen waste.
Bottles and jars made of silica, soda ash and limestone being
transparent and/or translucent and breakable. Also includes window
glass.
All grass clippings that are composted in combination with
other vegetable waste.
Papers generally used in an office environment that are of
high quality and include, but not limited to, computer, letterhead,
ledger and photocopy paper.
An established organization or foundation dedicated to public
service or culture, including, but not limited to, religious, educational,
health care and governmental establishments.
Refers to fallen leaves.
Includes all unsoiled paper materials such as magazines,
junk mail, books (not hard-covered), manila folders, but not necessarily
limited to these materials.
Any building or structure of one or more stories and any
land appurtenant thereto, any portion thereof, in which two or more
units of dwelling space are occupied, or are intended to be occupied
by two or more persons who live with and/or independently of each
other. This definition shall also mean any group of five or more buildings
on a single parcel of land or on contiguous parcels under common ownership,
in each of which two units of dwelling space are occupied or intended
to be occupied by two persons or households living independently of
each other, and any land appurtenant thereto and any portion thereof.
This definition shall also include apartments, townhouses, condominiums
and retirement communities. "Condominiums," as used herein, shall
include the form of ownership of real property under a master deed
providing for ownership by one or more owners of units of improvement
together with an individual interest in common elements appurtenant
to each such unit.
Includes paper of the 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, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
[Added 9-21-2005 by Ord. No. 2005-16]
Any molded substance (PET and HDPE) consisting of organic
compounds synthesized from hydrocarbons, proteins, cellulose or resins
commonly used for beverage and food containers.
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 person who owns, leases and/or occupies dwellings within
the municipality, including those in multifamily dwellings and/or
single-family developments.
Refers to all garbage and rubbish normally placed at the
curb for collection on a regular schedule.
Preventing the actual generation of waste, eliminating the
need to manage that material later as recyclable or nonrecyclable
waste and therefore reducing the economic and environmental impact
of both recycling and waste disposal.
Recyclable materials which are kept separate and apart from
residential, commercial, and institutional solid waste by the generator
for the purposes of collection, disposition and recycling.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county or municipal roadway
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
[Added 9-21-2005 by Ord. No. 2005-16]
A continuous solid or pneumatic rubber cushion encircling
a wheel usually consisting, when pneumatic, of an external rubber
and fabric covering that contains and protects from injury an air-filled
inner tube for use on a motor vehicle not for commercial use. A "tire"
as defined herein shall have the rim removed.
All oil from internal-combustion engines, transmissions,
differentials, etc., that is collected by a NJDEP registered hazardous
waste transporter.
Any used refrigerator, stove, washing machine, dryer, etc.,
pieces of ferrous/nonferrous scrap metal that can be placed at the
curb for collection.
Leaves and grass clippings.
[Added 9-21-2005 by Ord. No. 2005-16]
A.
On or after the date of final approval of this article,
it shall be mandatory for all residential, commercial and institutional
inhabitants of the Township of West Milford to source-separate designated
materials from all other solid waste for recycling (for as long as
markets are available, accessible and cost effective).
B.
Residential developments (single and multifamily) shall be responsible for establishing and maintaining recycling programs for the collection of designated recyclable materials listed in § 321-15, Definitions, and § 321-17, Program responsibilities and descriptions, herein. These materials are to be stored for collection by the municipality, a private recycling vendor or deposited at the municipal recycling depot, if applicable. If not served by the municipality, a documentation of tonnage of materials recycled must be submitted in accordance with § 321-19, Documentation.
C.
Commercial establishments and institutions.
(1)
Commercial establishments and institutions shall be responsible to separate newspaper, leaves, corrugated and high-grade paper for source separation and recycling along with glass food and beverage containers, aluminum beverage containers, tin and bimetal cans, plastic containers and film (PET, HDPE and PVC), mixed paper (magazine, junk mail and unsoiled scrap paper), white goods, ferrous and nonferrous scrap metals (by January 1, 1992, or as markets become available, as to metals only), construction and demolition debris recyclable components, which are concrete, brick, block, asphalt, asphalt-based roofing scrap, tree stumps/trunks and grass (January 1, 1992, or as markets become available), tires, used motor oil, batteries, brush (by January 1, 1992), food waste by restaurants and taverns (by January 1, 1993, or as markets become available), and additional mandated recyclable materials may be added as viable markets are found to be collected for recycling in the commercial and institutional sectors of the community. Each commercial establishment shall be responsible for establishing and maintaining their own collection, transportation and marketing of designated recyclable materials, unless the municipality has agreed (individually) to provide this service or allow the use of the municipal depot for dropoff. Documentation of tonnage of material recycled must be submitted in accordance with the provisions of this article. From time to time, as it is established that markets have been secured for certain materials, commercial establishments and institutions shall be responsible to separate such materials. The cost for commercial entities to dispose of grass, leaves and brush (no larger than four inches in caliper) is set forth in Chapter 135, Fees and Costs.
[Amended 8-23-2006 by Ord. No. 2006-010[1]]
(2)
Self-audit waste surveys will be required to be performed
in the commercial/industrial sectors in a phased-in manner (businesses
with more than 500 employees by 1992, with more than 250 employees
by 1993, with more than 100 employees by 1994 and with more than 50
employees by 1995) with waste reduction plans to be submitted to the
County Recycling Coordinator and copied to the Municipal Recycling
Coordinator.
D.
All sectors will be notified at least six months of
the provisions of the Recycling Ordinance and the various responsibilities
each sector has for recycling. This may include, but may not be limited
to, direct mail, notifications, posted community calendars, notices
in public places and/or newspaper advertising.
A.
Residents of single-family units shall separate corrugated
cardboard, high-grade and/or mixed paper, newspaper, glass and plastic
containers, bimetal and tin cans, and aluminum beverage containers
as follows:
(1)
Corrugated cardboard shall be flattened, all staples
and packing removed (if any), and tied in bundles.
(2)
Brown bags and newspaper: any combination of these
recyclables can be placed neatly in brown paper bags not to exceed
20 pounds, or compacted and tied securely in bundles not to exceed
50 pounds in weight. No paper products shall be placed in plastic
bags.
(3)
High-grade and mixed paper will be collected separate
from newspaper and brown bags (no paper products) in a thirty-two-gallon
trash can.
(4)
Glass, plastic, tin and aluminum: any combination
of these recyclables shall be contained in a reusable metal or plastic
receptacle, occupant or owner supplied.
(5)
All organic foodstuffs and beverages shall be cleaned
out of any material listed above prior to being placed in said recyclable
receptacle.
(6)
In addition, tires are available for municipal curbside
pickup, in accordance with the following procedures:
(7)
All such recyclables shall be placed at the curbside
no earlier than 6:00 p.m. on the day before and no later than 5:00
a.m. on the day in question for curbside collection.
B.
Other dwelling units such as apartments and multifamily units shall ensure that a special place is designated for the storage of these recyclable materials as mentioned in Subsection A above. The owner and/or manager of the unit(s), subject to the provisions of this section, shall notify the Municipal Recycling Coordinator for his inspection so approval can be given as to location of recycling containers.
D.
Recycling Depot. The recycling depot will allow for
the dropoff of recyclables from 9:00 a.m. to 5:00 p.m., Labor Day
through Memorial Day; and 9:00 a.m. to 8:00 p.m., Memorial Day through
Labor Day. Along with those materials collected curbside, the Recycling
Depot will accept:
(3)
Cloth and fabric. Goodwill has provided a collection
box for the recycling of clothing and fabric. Items should be bagged
and placed inside the collection box.
(4)
Batteries: automobile and truck batteries.
(5)
Leaves, brush and grass. When proper permits are secured,
leaves, brush and grass will be brought to the Marhill Compost Center
for composting and chipping. Leaves will be removed from bags and
the bags disposed of properly.
The collection, removal and disposal of those recyclable materials as mentioned in § § 321-16 and 321-17 herein shall be scheduled and regulated by the establishment and promulgation of reasonable regulations, from time to time, by the Business Administrator, in conjunction with the Municipal Recycling Coordinator, who shall establish the time, manner and method or routes of service for recycling pickup. The Township will notify all sectors at least two weeks in advance prior to any change in the collection schedule. Such notification may include, but not be limited to, direct mail, posting of notices in public places, and newspaper advertising.
A.
All commercial, institutional, multifamily developments
or single-family units who are not serviced by the municipal recycling
collection system must submit recycling documentation (as directed
by) the Municipal Recycling Coordinator.
B.
The Municipal Recycling Coordinator will compile all recycling documentation and report to the Passaic County Recycling Coordinator on a yearly basis by the 15th of April or the due date of the State Tonnage Grant. Those not complying will be subject to the enforcement penalties defined in § 321-23, Violations and penalties. The Municipal Recycling Coordinator will compile and submit documentation indicating compliance with yearly municipal recycling certification requirements to the County Recycling Coordinator by April 15th of each year for information of the previous calendar year's activities for certification purposes.
C.
Requirements for the yearly municipal recycling certification
indicating ongoing program compliance as directed by the county are
as follows:
(1)
Local recycling ordinance and Master Plan requirements
in full compliance with County District Recycling Plan and state regulations,
with submission of any and all additions or deletions.
(2)
Previous year's recycling recovery goal met.
(3)
Samples of two publicity outreach mechanisms and description
of distribution to each sector.
(4)
All quarterly reports filed with the County Recycling
Coordinator.
(5)
Completed State Tonnage Grant Application submitted
on time to both the NJDEP and county.
(6)
Report of enforcement efforts in all sectors.
All receptacles required herein shall be supplied
by the occupant or owner of the premises, and all recyclable material
receptacles shall be placed, prior to collection, between curb and
sidewalk where they shall be readily accessible to the collector.
Receptacles should be placed curbside no earlier than 6:00 p.m. the
day prior to collection. The occupant or owner shall keep all receptacles
clean and in condition for safe handling. After collection, any empty
receptacles shall be removed from curbside promptly, but not later
than 7:00 p.m. of the day of collection.
Recycling materials placed at the curb are the property of the Township of West Milford or its authorized agent or an authorized agent of the establishment where private collection is being conducted. It is a violation of this article for any person unauthorized by the Township of West Milford to collect, pick up or cause to be collected or picked up any recyclable. Any and each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided in § 321-23, Violations and penalties.
The Police Department, the Municipal Recycling
Coordinator, the Health Department, the Department of Public Works
and Engineering, the County Health Department or any citizen of the
Township of West Milford may enforce the provisions of this article.
The enforcement agent for the Township or its designated agent shall
be responsible for the inspection of solid waste and/or recyclables
in all sectors in order to determine any noncompliance with this article.
Such inspections shall include but not be limited to those made on
a random basis, at a frequency of at least one per month per collection
route.
A.
Any person, firm or corporation who violates or neglects
to comply with any provisions of this article or any rules or regulations
promulgated thereto after two warnings shall, upon conviction thereof,
be punishable by a fine not less than $100, not to exceed $1,000,
and community service for a period not exceeding 30 days. A separate
offense shall be deemed committed for each and every act or occurrence
which violates the terms of this article.
[Amended 12-7-2005 by Ord. No. 2005-25[1]]
B.
Any person, firm or corporation who, without authority
from the Township, removes items placed at curbside pursuant to and
in accordance with the provisions of this article shall, upon conviction
thereof, be punished by a fine not less than $500 nor greater that
$5,000, or by imprisonment for a period not exceeding 90 days, or
both, or community service for a period not exceeding 90 days. A separate
offense shall be deemed committed for each and every act or occurrence
which violates the terms of this article.
Any person who is an owner, lessee or occupant may donate or sell recyclable materials to any person, partnership or corporation (whether operating for profit or not for profit) as long as the recycling individual or company submits documentation to the Municipal Recycling Coordinator as described in § 321-19, Documentation.
A.
It shall be unlawful to combine designated, unsoiled
recyclables with other solid waste. Failure to separate designated
materials for recycling is a violation of this article and is punishable
under the provisions of this article.
B.
It shall be unlawful for solid waste collectors to
collect solid waste that contains visible signs of designated recyclable
materials. It is also unlawful for solid waste collectors to remove
for disposal those bags or receptacles of solid waste/recyclables
which visibly display a warning notice sticker or some other notification
indicating that the load of solid waste does contain recyclable materials
and therefore should not be removed for disposal.
C.
It shall be the responsibility of the nonrecycler
whose solid waste was not removed because it contained recyclable
materials to properly segregate the uncollected waste, for proper
recycling. Allowing such unseparated refuse to accumulate will be
considered a violation of this article.
D.
It shall be unlawful for the generator not serviced
by the Township of West Milford to fail to accurately record and report
recyclables that have been collected, stored, sold or otherwise disposed
of.
E.
It shall be unlawful for the owner or occupant of
any property, or any employee or contractor of such owner or occupant
engaged to provide lawn care or landscaping services, to sweep, rake,
blow or otherwise place yard waste, unless the yard waste is containerized,
in the street. If yard waste that is not containerized is placed in
the street, the party responsible for placement of yard waste must
remove the yard waste from the street or said party shall be deemed
in violation of this article.
[Added 9-21-2005 by Ord. No. 2005-16]
