[Adopted 2-14-1990 by Ord. No. 893
as Sec. 14-5 of the 1988 Code; amended in its entirety 3-15-2016 by Ord. No. 1664]
It is the purpose of this article to comply with the Statewide
Mandatory Source Separation and Recyling Act, N.J.S.A 13:1E-99, et
seq., and the Clean Communities and Recycling Act, N.J.S.A. 13:1E-92,
et seq.
As used in this article, the following terms shall have the
meanings indicated:
All products made from aluminum and being used as containers
for various matter including but not limited to pie plates, trays,
etc., and any and all materials known by this term.
Any containers used for food products including but not limited
to milks, ice creams, fruit juices, liquid whole eggs, gravies, and
tomatoes which need to be kept sterile until opened. Usually made
of a mix of paper (70%), polyethylene (LDPE) (24%), and aluminum (6%),
with a tight polyethylene inside layer.
Dirt, rock, concrete, brick, masonry, non-chemically treated
wood waste, sheet rock, plastics, vinyl, nonferrous/ferrous metal,
asphalt, corrugated cardboard, land-clearing materials including tree
parts, stumps and vegetative waste or any other material that can
be returned to the economic mainstream.
Those items designated in § 411-4.
Electronic items including but not limited to desktop or
personal computers, computer monitors, portable computers, or used
televisions.
Includes all products made from silica or sand, soda ash
and limestone (the product being used for packaging or bottling of
various matter) and all other material known by this term excluding,
however, blue, white and clear glass commonly known as "window glass"
or "plate glass" and any ceramic material.
Includes all magazines or periodicals printed on glossy stock
or paper of heavier quality than that commonly recognized as newsprint.
All residential, commercial, industrial and institutional
solid, putrescible waste generated within the boundaries of the Borough
as measured in tons.
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.
Includes all newspaper, high-grade office paper, fine paper,
bond paper, offset paper, Xeroxed paper, mimeo paper, duplicator paper
and related types of cellulosic material containing not more than
10% by weight or volume of noncellulosic material such as laminates,
binders, coatings or saturants.
Any paper items or commodities, including but not limited
to, paper napkins, towels, corrugated and other cardboard, construction
material, toilet tissue, paper and related types of cellulosic products
containing not more than 10% by weight or volume of noncellulosic
material such as laminates, binders, coatings or saturants.
Includes all individuals, partnerships, corporations, owners,
tenants, lessees, firms, societies, schools, churches and associations,
either profit or nonprofit.
A hermetically sealed container or one made air-tight with
a metal or plastic cap, with a minimum wall thickness of not less
than 0.010 inches, and composed of thermo-plastic synthetic polymeric
material.
Any container made of plastic including but not limited to
butter tubs, soda, water and juice bottles, yogurt cups, laundry detergent
jugs, shampoo bottles. Containers must be empty and free of any food
waste.
Those materials which would otherwise become municipal solid
waste which may be collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products.
Any paper product consisting of not less than 50% secondary
waste paper material.
Any paper having a total weight consisting of not less than
50% secondary waste paper material.
Any process by which materials which would otherwise become
solid waste or collected, separated or processed and returned to the
economic mainstream in the form of raw materials or products.
The area designated and managed by the Borough as such where
designated recyclable materials may be disposed of in the appropriate
designated collection containers provided. Materials will be accepted
from Borough residents and businesses only. All materials delivered
to the Center shall emanate from the Borough.
The person appointed and authorized to coordinate the Borough's
recycling program and assist with the enforcement of the provisions
of this article and the rules and regulations promulgated hereunder.
The services provided by persons engaged in the business
of recycling, including the collection, processing, storage, purchase,
sale or disposition, or any combination thereof, of recyclable materials.
There is hereby created the position of Borough Recycling Coordinator.
The Recycling Coordinator shall be appointed by the Mayor and Council
for a term of one year expiring December 31 of each year. The term
of the person first appointed as Recycling Coordinator shall expire
December 31 of the year of appointment.
A.
The following materials are designated as mandatory recyclable materials
for all residential properties:
(1)
Newspaper, newsprint, magazines, mixed paper.
(2)
Glass beverage containers.
(3)
Aluminum and aluminum cans.
(4)
Corrugated and noncorrugated cardboard.
(5)
Plastic bottles and containers.
(6)
Ferrous scrap and white goods. ("White goods" includes appliances
such as washers, dryers, refrigerators, water heaters, etc.)
(7)
Tin and bimetal cans.
(8)
Grass, leaves, and vegetative waste.
(9)
Construction and demolition debris, as defined herein.
(10)
Electronic waste, as defined herein.
B.
The following materials are designated as mandatory recyclable materials
for commercial, industrial, institutional, office, multiple dwelling
properties, landscaping and tree businesses:
(1)
Corrugated and noncorrugated cardboard.
(2)
Newspaper, newsprint, magazines, mixed paper, and high-grade paper.
(3)
Glass and glass beverage containers.
(4)
Ferrous and nonferrous scrap.
(5)
White goods.
(6)
Aluminum and aluminum cans.
(7)
Tin and bimetal cans.
(8)
Construction and demolition debris, as defined herein.
(9)
Plastic bottles and containers.
(10)
Industrial/commercial petroleum waste oil.
(11)
Commercial kitchen grease.
(12)
Commercial food renderings.
(13)
Commercial used batteries including but not limited to lead
acid batteries.
(14)
Grass, leaves and vegetative waste.
(15)
Electronic waste.
(16)
Freons, refrigerants and antifreeze.
(17)
Tires. All types, construction and sizes.
C.
Within five days from the completion of any construction and demolition
conducted on commercial property, the owner of said property shall
be responsible to file with the Municipal Recycling Coordinator a
form provided by the Construction Enforcement Department or the Recycling
Coordinator describing those materials removed from the site and recycled.
Said form shall describe the materials, provide the amount and weight
and the location to which the recyclable materials have been removed
and any other information requested by the Recycling Coordinator.
Failure to complete the form in accordance with the provisions of
this subsection shall be considered a violation of this article.
[Amended 2-21-2017 by Ord. No. 1697]
It shall be mandatory for all persons who are owners, lessees or occupants of property in the Borough to separate the recyclable materials designated in § 411-4 above from all other solid waste.
A.
Newspaper, newsprint, magazines, mixed paper, corrugated and noncorrugated
cardboard shall be placed in a suitable container or paper bags to
ensure that they will not be capable of being windblown or distributed
in the public streets, and provided further that the maximum weight
of any container does not exceed 30 pounds and is placed at the curb
for collection or dropped off at the recycling center. When being
dropped off at the recycling center, papers should be tied and bundled
securely.
B.
Commingled materials, including glass beverage containers, aluminum
and aluminum cans, plastic containers, tin and bimetal cans, shall
be secured in suitable reusable containers supplied by the owner,
lessee or occupant and placed at the curb for collection or dropped
off at the recycling center. The containers shall not be constructed
of paper or cardboard materials and shall be strong enough to insure
against puncture.
C.
All recyclable materials as described in § 411-4 above shall be placed separately at the curb for collection not earlier than 8:00 p.m. on the day preceding those days to be designated for collection by the Mayor and Council under the rules and regulations promulgated in accordance with the terms hereof.
It is the responsibility of each establishment to ensure that a recycling program is in place, and that all recyclables specified in section § 411-4B are collected by a licensed, DEP-approved solid waste hauler or a licensed, DEP-approved recycling collection firm. All material is to be disposed of at the appropriate DEP-approved facility only. Any receptacles should be clearly marked for the type of material that they contain. The owners of such properties are required to report the tonnage of all recyclable material to the Borough each year (see § 411-7). Therefore, they must ensure that accurate records of tonnage of all such materials are kept and provided to the Borough at their request, usually on an annual basis in February of each year.
It is the responsibility of each landscaping and tree business to ensure that all grass, leaves, branches, tree stumps and other vegetative waste collected from properties in Franklin Lakes are disposed of at a licensed, DEP-approved facility. Landscaping and tree businesses are required to report the tonnage of all recyclables to the Borough each year (see § 411-7). Therefore, they must ensure that accurate records of tonnage of all such materials are kept and provided to the Borough at their request, usually on an annual basis in February of each year.
The Mayor and Council shall promulgate reasonable regulations
establishing the commencement dates for mandatory separation of recyclables
and the manner, dates and times for the collection of same in accordance
with the terms of this article. A copy of such regulations, as approved,
modified or amended, shall be available for public inspection at the
office of the Borough Clerk during regular office hours.
The Borough shall provide for collection sites for the delivery
by residents of electronic waste as defined herein.
[Added 11-20-2018 by Ord. No.
1761]
B.
Dropping off recyclables or any other items at any time other than
during the hours of operation is strictly prohibited and shall be
a violation of this section.
C.
Recyclables shall be separated in accordance with the signage at
the recycling depot. Failure to separate recyclables in accordance
with the signage shall be a violation of this section.
D.
The recycling depot may be used only by residents.
Nothing in this article shall be deemed to prohibit any owner,
lessee or occupant of disposing of recyclable materials privately
through a sale or gift, provided that in no event shall such recyclable
materials be left at the curb for any private pickup and further provided
that in no event shall any such recyclable materials be disposed of
as part of the solid waste collection by the Borough in accordance
with its normal collection program. Such owner, lessee or occupant,
however, shall submit a report to the Recycling Coordinator annually,
no later than February 15, following the effective date of this article,
designating the type and tonnage of recyclable materials disposed
of privately.
From the time recyclable materials are placed at the curb by
the owner, lessee or occupant for collection by the Borough, such
recyclable materials shall become the property of the Borough. It
shall be a violation of this article for any such person unauthorized
by the Borough to collect or pickup or cause to be collected or picked
up any such recyclable materials for any purpose whatsoever once placed
at the curbside pickup point. Each violation of this section from
one or more premises shall constitute a separate and distinct offense
and violation, punishable as hereinafter provided.
Nothing herein contained shall be construed to limit volunteer,
charitable or other organizations from conducting newspaper drives.
The date, time, place and nature of these collections shall be presented
in advance and in writing to the Borough Administrator who shall approve
or disapprove the date, time, place and nature of the recycling in
accordance with the regulations promulgated.
This article may be enforced by the Recycling Coordinator, Municipal
Departments of Health, Police, Engineering and Construction Code Enforcement,
Zoning Officer or Assistant Zoning Officer and such other employees
or departments of the Borough as designated in writing by the Borough
Administrator.
The Recycling Coordinator, in conjunction with the Environmental
Commission and subject to the approval of the Council, shall establish
and promulgate reasonable rules and regulations as to the manner,
days and times for the collection, storing, transportation, sale or
marketing of recyclable materials in order to encourage the preservation
of material resources while minimizing the costs of the recycling
program to the Borough. The rules and regulations are subject to change,
modification, repeal or amendment by the Mayor and Council.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $1,000.
