[Adopted 8-29-1989 as Ord. No. 89-038A (Ch. 13, Art. 31, of the 1979 Revised General Ordinances of Paterson)]
As used in this article, the following terms shall have the meanings indicated:
- ALUMINUM BEVERAGE CAN
- A container entirely of aluminum and used solely for the packaging of beverages.
- AUTOMOTIVE BATTERIES
- Batteries from automobiles and trucks, but does not include
household batteries.[Added 10-13-1992 by Ord. No. 92-051]
- Branches, woody plants and other like vegetative material.[Added 10-13-1992 by Ord. No. 92-051]
- COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS
- Any private establishment, including:
- A. Manufacturing, retailing and service establishments.
- B. Establishments where food and/or alcoholic or nonalcoholic beverage are sold for consumption on or off premises.
- C. Food distribution and processing establishment.
- D. Professional and nonprofit establishments conducting any type of business or activity within the City.
- A process by which organic materials are turned into humus (a fertilizing substance similar to topsoil).
- CONSTRUCTION AND DEMOLITION DEBRIS
- Concrete, brick, block, asphalt, asphalt-based roofing scrap
and tree stumps/trunks.[Added 10-13-1992 by Ord. No. 92-051]
- CORRUGATED CARDBOARD
- A cardboard container and used primarily for packaging and transporting nonfood products.
- DESIGNATED RECYCLABLE MATERIALS
- Materials required to be separated from solid waste under this article for the purpose of recycling.
- DWELLING UNIT
- A one-, two- or multifamily home, apartment, condominium or cooperative.
- GLASS CONTAINER
- Bottles and jars made entirely of glass, devoid of metal caps and rings, and used in the storage of food and beverages. This term does not include blue glass, flat glass commonly known as "window glass," lightbulbs and fixtures.
- All grass clippings.[Added 10-13-1992 by Ord. No. 92-051]
- HAZARDOUS WASTE
- All waste defined as hazardous waste by N.J.S.A. 13:1E-38 and N.J.S.A. 13:1E-51 and N.J.A.C. 7:26-8.1 et seq. Used motor and/or fuel oils are considered "hazardous waste."
- HIGH-GRADE PAPER
- White computer printout paper, white bond paper and white typing paper.
- Foliage from plants and trees only.
- Cans, other than pure aluminum, consisting entirely of steel, tin or bimetal and used in the storage of food and beverages.
- MIXED PAPER
- Any combination of newspaper, high-grade paper and nonwhite
paper. "Mixed paper" also include magazines, junk mail and unsoiled
scrap.[Amended 10-13-1992 by Ord. No. 92-051]
- Paper 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. The term "newspaper" does not include magazines or other periodicals and any other paper products.
- Any person who has legal title to any dwelling unit or any building utilized as a commercial and industrial establishment or a public or private institution, with or without accompanying actual possession thereof; or who has equitable title and is either in actual possession or collects rents therefrom; or who, as executor, executrix, trustee, guardian or receiver of the estate of the owner or as mortgagee or as vendee in possession either by virtue of a court order or by agreement or voluntary surrender of the premises by the person holding the legal title or as collector of rents, has charge, care or control of any dwelling unit or commercial or industrial establishment or public or private institution. Any person who is a lessee or assignee subletting or assigning any part or all of any dwelling or building shall have joint responsibility over the portion of the premises sublet or assigned, and any person who is designated by the owner and who agrees to be in charge of the premises and who is registered with the Division of Sanitation shall be considered to have joint responsibility with the owner for any violation of this article.
- Any natural person, profit or nonprofit corporation, municipal entity or authority, partnership, condominium association or other such organization.
- PLASTIC CONTAINERS AND FILM
- Containers such as polyethylene terephthalate (PET), high-density
polyethylene (HDPE) and polyvinyl chloride (PVC).[Added 10-13-1992 by Ord. No. 92-051]
- All forms of soft and hard plastic used for any purpose whatsoever.
"Plastics" also includes HDPE and PET.[Amended 10-13-1992 by Ord. No. 92-051]
- 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.
- SOLID WASTE
- All garbage and rubbish normally placed at the curb by the residents of the City for regular twice-weekly municipal collection.
- TIN AND BIMETAL CANS
- All metal and containers other than aluminum.[Added 10-13-1992 by Ord. No. 92-051]
- All truck or passenger auto tires that are retreaded, remanufactured
or recapped.[Added 10-13-1992 by Ord. No. 92-051]
- USED MOTOR OIL
- All oil from internal-combustion engines or transmissions.[Added 10-13-1992 by Ord. No. 92-051]
- WHITE GOODS
- All large appliances such as refrigerators, stoves, dishwashers,
washers, dryers, boilers, hot-water heaters, freezers and air conditioners.[Added 10-13-1992 by Ord. No. 92-051]
- YARD WASTE
- Grass clippings, hedge trimmings, twigs, sticks, branches or shrubbery.
[Amended 10-13-1992 by Ord. No. 92-051]
The following are designated as recyclable materials for premises in the City of Paterson:
Residential: newspaper, glass, food and beverage containers, aluminum beverage containers, tin and bimetal cans, plastic containers, corrugated cardboard, mixed paper, white goods, ferrous and nonferrous scrap metals, construction and demolition debris, tires, used motor oil, automotive batteries, leaves, brush and grass.
Commercial: newspaper, glass, food and beverage containers, aluminum beverage containers, tin and bimetal cans, high-grade paper, mixed paper, corrugated cardboard, plastic containers, ferrous and nonferrous scrap, construction and demolition debris, tires, used motor oil, automotive batteries, leaves, brush and grass. Restaurants and taverns shall include all of the above items and food waste.
Institutional: newspaper, glass, food and beverage containers, aluminum beverage containers, tin and bimetal cans, high-grade paper, mixed paper, corrugated cardboard, plastic containers and film, ferrous and nonferrous scrap metal, construction and demolition debris, tires, used motor oil, automotive batteries, leaves, brush and grass.
The owner, landlord, tenant council, condominium association or management company responsible for any development of more than four dwelling units shall submit a recycling plan which incorporates the state recycling plan goals. Said recycling plans are also required of such commercial, industrial establishments and public and private institutions as are designated by regulation. Said plans shall be submitted no later than November 15, 1989, to the Paterson Recycling Coordinator. Approved plans shall be updated every three years.
All owners, lessees or occupants of dwelling units, commercial and industrial establishments and public and private institutions shall dispose of solid waste and separate designated recyclable materials in accordance with this section.
Leaves, grass clippings, brush and tree limbs. Leaves, grass clippings, brush and tree limbs shall be recycled by composting on the property of the owner, lessee or occupant or by placing them at the curbside in accordance with the provisions of Articles V and VI of this chapter.
[Amended 2-24-2004 by Ord. No. 04-016; 11-9-2005 by Ord. No. 05-077]
Leaves, grass clippings and minimal brush placed at curbside shall be contained in either clear plastic or biodegradable bags. The bags shall be intact and not torn by their contents.
Bulky brush and tree limbs placed at curbside shall be cut and tied. Each separate tied unit for collection shall not exceed 50 pounds.
Newspaper shall be tied securely in bundles with twine, rope, cord or such other binding or shall be securely placed in paper bags or boxes to facilitate handling and ensure that bundles will not be windblown or distributed onto the public streets. A bundle shall not exceed 50 pounds.
Bundles may not be placed in plastic bags.
Bundles shall be placed at curbside for collection not earlier than 6:00 p.m. on the day preceding those days designated for collection in accordance with applicable regulations.
Glass and metal containers.
Glass and metal containers shall be rinsed clean of all residue. Glass containers will have all caps and rings removed therefrom. Metal containers will have all paper and/or plastic labels removed.
Glass and metal containers shall be placed in a container of not more than thirty-five-gallon capacity. Glass may not be broken for the purpose of filling any container, but accidentally broken glass will be accepted.
Containers shall be placed for collection at curbside not earlier than 6:00 p.m. on the day preceding those days designated for collection in accordance with applicable regulations.
Aluminum beverage cans.
Service stations and oil retailers shall dispose of used oils and any other hazardous waste through a Department of Environmental Protection and Energy (DEPE) licensed hazardous waste hauler. Documentation of any such transaction shall be submitted 20 days after each quarter to the Recycling Coordinator.
Persons shall dispose of used oils and other hazardous waste through a service station or retailer or in another fashion acceptable to the DEPE. Service stations and retailers who service motor vehicles shall accept used oil from the general public. Any person may bring up to five gallons at a time to a retailer or service station.
A refusal by a service station or retailer who services motor vehicles to accept up to five gallons of motor oil from the general public will result in a fine not to exceed $l,000, imprisonment not to exceed 90 days in jail or by a period of community service for a period not to exceed 90 days, or any combination thereof.
[Amended 12-19-1995 by Ord. No. 95-068]
[Added 2-24-2004 by Ord. No. 04-015]
Tire shops located within the City of Paterson may have their used tires picked up by the City of Paterson for recycling in accordance with the current recycling schedule, at a rate of $1.00 per rimless passenger tire, $5 per passenger tire with rim and $5 per truck tire, whether rimless or not.
Paterson residents may bring up to four rimless passenger tires to the City yard once a year at no charge.
Non-Paterson residents may bring their tires to the City yard at a rate of $2 per rimless passenger tire, $10 per passenger tire with rim and $10 per truck tires, whether rimless or not.
Paterson residents and tire shops located within the City of Paterson that request an additional or special pickup will be charged an additional $25 per trip.
The above term "curbside" shall be deemed to mean some convenient location outside of the building proper, between the curb and sidewalk, or if there is no space between the curb and sidewalk, then not in a manner to block pedestrian traffic, where such material will be easily accessible to the collector.
In dwelling units containing three family units or fewer, the receptacles for designated recyclable materials shall be purchased and maintained, in the absence of a contract, by the tenants. In dwelling units of more than three family units, the receptacles for designated recyclable materials shall be purchased and maintained, in the absence of a contract, by the landlord.
From the time of placement at collection sites by any person of recyclables for collection by the City in accordance with the terms hereof, such recyclables shall be and become the property of the City or its authorized agent.
It shall be a violation of this article for any person unauthorized by the City to collect or pick up or cause to be collected or picked up any such recyclables during the twenty-four-hour period commencing at 6:00 p.m. on any day preceding a day designated for collection under the rules promulgated by the Department of Public Works of the City in accordance with the terms hereof. Any and each such collection in violation hereof from one or more residences, commercial and industrial establishments or public or private institutions during said twenty-four-hour period shall constitute a separate and distinct offense punishable as hereinafter provided.
The Department of Public Works is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of recyclables in accordance with the terms hereof. Said regulations will be effective upon adoption by the Municipal Council, which shall approve the same by resolution. Upon adoption, the regulation shall be published once in the official newspaper of the City.
The Recycling Coordinator of the City of Paterson shall designate the days and sites for the collection of designated recyclable materials.
Notice of the designated collection days and collection sites shall be published in a newspaper of general circulation for a continuous period of not less than seven days beginning at least 15 days before the first scheduled collection date. Notice may also be given by mailing flyers or newsletters to each dwelling unit, public or private institution and commercial and industrial establishment within the City of Paterson.
Any person participating in a recycling program within the City of Paterson not operated by the City of Paterson shall submit quarterly verification of the tonnage of materials recycled, as well as the names of commercial and industrial establishments and public and private institutions where recyclable materials are picked up or received.
The quarterly verification shall be submitted to the Recycling Coordinator in accordance with the below schedule:
[Amended 10-13-1992 by Ord. No. 92-051]
Self-audit waste survey.
[Added 10-13-1992 by Ord. No. 92-051]
Each commercial and industrial establishment shall perform a self-audit waste survey in the following phased-in manner:
Waste reduction plans shall be submitted to the County Recycling Coordinator and also to the Municipal Recycling Coordinator.
[Amended 10-13-1992 by Ord. No. 92-051; 11-23-2010 by Ord. No. 10-078]
Sworn officers of the Division of Police, the Director of the Department of Public Works and/or his designees, the Director of the Department of Health and Human Services and/or his designee, the Recycling Coordinator and/or designee and the Passaic County Health Department and/or its designee are authorized to enforce this article and amendments thereto.
If any person fails to comply with any provision of this article requiring separation of designated recyclable materials, his or her solid waste shall be marked as not properly separated, and said person shall remove the same from the street within 12 hours and it shall not be placed for pickup until the next designated collection day.
Any person who fails to comply with any provision of this article or any regulations promulgated pursuant thereto shall be subject to punishment by a fine of not less than $100 nor more than $1,000 per offense, a jail sentence not to exceed 90 days or be required to perform community service for a period not to exceed 90 days, or any combination thereof.
[Amended 10-13-1992 by Ord. No. 92-051; 12-19-1995 by Ord. No. 95-068]
After three violations of this article, the City shall have the right to terminate regular solid waste collection until the time of compliance, so long as said cessation of service does not result in a health emergency.
No penalty shall be assessed for violations of this article which occur prior to April 30, 1990.
[Amended 12-28-1989 by Ord. No. 89-069]
Each person engaged in the collection or recycling of recyclable materials shall comply with all City, county, state and federal laws.
[Added 10-13-1992 by Ord. No. 92-051]
The County Recycling Coordinator shall receive documentation indicating compliance with yearly municipal recycling certification by April 15 of each year for information on the previous calendar year's activities for certification purposes.