[HISTORY: Adopted by the City Council of the City of Passaic 8-22-1991 by Ord. No. 1145-91. Amendments noted where applicable.]
Editor's Note: This ordinance also superseded former Ch. 230, Recycling, adopted 5-7-1987 by Ord. No. 986-87, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- ALUMINUM BEVERAGE CONTAINERS
- Containers made exclusively of aluminum which are used to hold beverages.
- AUTOMOBILE BODIES
- 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.
- BUSINESS or COMMERCIAL
- 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.
- CORRUGATED (CARDBOARD)
- 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.
- DESIGNATED MATERIALS
- Those recyclable materials listed in the Passaic County District Recycling Plan which are mandated to be collected for recycling. Additional materials are to be added as viable markets are found.
- Derived from, containing or alloyed with iron or steel.
- FOOD WASTE
- All food waste that is recycled or rendered, such as meat bones, frying oil or institutional kitchen waste.
- GLASS FOOD AND BEVERAGE CONTAINERS
- Bottles and jars made of silica, soda ash and limestone being transparent and/or translucent and breakable; also includes window glass.
- GRASS CLIPPINGS
- All grass clippings that are composted in combination with other vegetable waste.
- HIGH-GRADE PAPER
- Papers generally used in an office environment that are of high quality, and include but are 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.
- MIXED PAPER
- Includes all unsoiled paper materials, such as magazines, junk mail, books (not hardcover) and 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 include 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.
- PLASTIC CONTAINERS
- 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.
- SOLID WASTE
- All garbage and rubbish normally placed at the curb for collection on a regular schedule.
- SOURCE SEPARATION
- 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.
- 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.
- USED MOTOR OIL
- All oil from internal-combustion engines, transmissions, differentials, etc., that is collected by a New Jersey Department of Governmental Protection and Energy registered hazardous waste transporter.
- WHITE GOODS
- Any used refrigerator, stove, washing machine, dryer, etc.; pieces of ferrous/nonferrous scrap metal that can be placed at the curb for collection.
On or after the date of final approval of this chapter, it shall be mandatory for all residential, commercial and institutional inhabitants of the City of Passaic to source-separate designated materials from all other solid waste for recycling.
Residential developments (single- and multifamily) shall be responsible for establishing and maintaining recycling programs for the collection of designated recyclable materials listed in § 230-1, Definitions, and § 230-3, Program responsibilities and descriptions, herein. These materials are to be stored for collection by the municipality or 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 § 230-5, Documentation of recycling.
Commercial establishments shall be responsible for separating newspaper, leaves, corrugated cardboard and high-grade paper for source separation and recycling in various sectors of the community and plan to expand this mandate to glass food and beverage containers, aluminum beverage containers, tin and bimetal cans, plastic containers (PET and HDPE), mixed paper (magazine, junk mail and unsoiled scrap paper), white goods, ferrous and nonferrous scrap metals (by January 1, 1992, as to metals only), construction and demolition debris recyclable components, which are concrete, bricks, blocks, asphalt, asphalt-based roofing scraps and tree stumps/trunks (by January 1, 1992), tires, used motor oil, batteries and brush (by April 15, 1993), grass (by April 15, 1994) and additional mandated recyclable materials (as viable markets are found) to be collected for recycling in the residential, commercial and institutional sectors of the community. Each commercial establishment shall be responsible for establishing and maintaining its own collection, transportation and marketing of designated recyclable materials, unless the municipality has agreed (individually) to provide this service. Documentation of tonnage of material recycled must be submitted in accordance with the provisions of this chapter. From time to time, as it is established that markets have been secured for certain materials, commercial establishments shall be responsible to separate such materials. Currently, it has been established that markets are secured for newspapers, glass food and beverage containers, aluminum beverage containers, tin and bimetal cans, high-grade and mixed paper, corrugated cardboard, plastic containers and tires. Accordingly, commercial establishments shall be responsible to separate such materials and to collect, transport and market such materials in accordance with this chapter. Documentation of tonnage of material recycled must be submitted in accordance with the provisions of this chapter.
Institutions shall be responsible for separating corrugated cardboard, high-grade paper or mixed paper, glass, newspaper, plastic containers and tin and aluminum cans for recycling. Institutions 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. Documentation of tonnage of material recycled must be submitted in accordance with the provisions of this chapter.
All sectors will be notified at least every 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.
Residents of single-family units shall separate corrugated cardboard, high-grade and/or mixed paper, newspaper, glass and plastic containers, tin cans and aluminum beverage containers as follows:
Corrugated cardboard shall be flattened, all staples removed (if any) and tied in bundles.
High-grade and/or mixed paper 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.
Glass, plastic, tin and aluminum. Any combination of these recyclables shall be contained in a reusable metal or plastic receptacle, occupant or owner supplied.
All organic foodstuffs and beverages shall be cleaned out of any material listed above prior to being placed in said recyclable receptacle.
In addition, tires are eligible for municipal curbside pickup, in accordance with the following procedures:
The Municipal Recycling Coordinator shall determine the scheduled days for curbside pickup of tires and shall also establish a voucher system for the pickup of tires which exceed the quantity or size authorized in this chapter to be picked up at no charge.
Each residential dwelling (single-family or multifamily) and each business or commercial establishment in the city shall be permitted to place for curbside collection, at no charge, four tires per year, with or without rims; this shall apply to twelve-inch to seventeen-inch passenger car tires only.
A fee shall be paid for tires in excess of the aforementioned quantity or size as follows:
[Amended 3-7-2017 by Ord. No. 2091-17]
Additional passenger car tires and light truck tires up to 17 inches: $2 per tire; any tire larger than 17 inches: $4 per tire. Rims must be removed prior to collection. Rims from these tires will not be collected, and their disposal shall be the responsibility of the tire owner.
The Recycling Coordinator shall establish a procedure to assure that whenever a fee is required for tire collection pursuant to this chapter, the tires for which the fee is paid are collected by the Municipal Utilities Authority (MUA).
All such recyclables shall be placed at the curbside no earlier than 6:00 p.m. on the day before and no later than 7:00 a.m. on the day in question for curbside collection.
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.
[Amended 10-7-1993 by Ord. No. 1253-93]
The collection, removal and disposal of those recyclable materials as mentioned in §§ 230-1 and 230-3 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 of routes of service for recycling pickup. The city 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.
White goods. The pickup days for white goods as defined in § 230-2 will be on either Thursday or Friday, depending upon the area in which the resident lives. These pickup days exclude holidays. The Municipal Recycling Coordinator will publish a schedule to notify residents of their designated pickup day.
Tires. Tires are eligible for municipal curbside pickup on Monday and Friday, excluding holidays. In order to be picked up, the resident or commercial owner shall call the Recycling Office of Public Works and inform them of the location of the pickup location.
All commercial, institutional or multifamily developments or single-family units which are not serviced by the municipal recycling collection system must submit recycling documentation on a quarterly basis to the Municipal Recycling Coordinator. Due dates for such reports are:
The Municipal Recycling Coordinator will compile all recycling documentation and report to the Passaic County Recycling Coordinator on a quarterly basis by the 15th of the due-date months stated above. Those not complying will be subject to the enforcement penalties defined in § 230-9, Violations and penalties.
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 City of Passaic or its authorized agent or an authorized agent of the establishment where private collection is being conducted. It is a violation of this chapter for any person unauthorized by the City of Passaic to collect or 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 § 230-9, Violations and penalties.
The City Police Department, the Municipal Recycling Coordinator (through the Municipal Utilities Authority), the Health Department, the Department of Public Works or any citizen of the city may enforce the provisions of this chapter. The enforcement agent for the City of Passaic (the Municipal Utilities Authority) 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 chapter. Such inspections shall be on a random basis, at a frequency of at least one per month per collection route.
[Amended 10-7-1993 by Ord. No. 1253-93]
Any person, firm or corporation who violates or neglects to comply with any provision of this chapter or any rules or regulations promulgated thereto shall receive the following penalties:
For the first violation of any provision of this chapter of the City of Passaic, the penalty, upon conviction, shall be a minimum fine of $100, but no more than $250.
For the second violation of any provision of this chapter, the minimum penalty, upon conviction, shall be a fine of $250, but no more than $750.
For the third and subsequent violations of any provision of this chapter, the minimum penalty, upon conviction, shall be a fine of $750, but not exceeding $1,000, and imprisonment for no more than 90 days in the county jail. A separate offense shall be deemed committed for each and every act or occurrence which violates the terms of this chapter.
Any person, firm or corporation who, without authority from the city, removes items placed at curbside pursuant to and in accordance with the provisions of this chapter shall, upon conviction, be punished by a fine of not less than $100 and not to exceed $1,000, or by imprisonment not exceeding 90 days in the county jail.
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 § 230-5, Documentation of recycling.
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 chapter and is punishable under the provisions of this chapter.
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.
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 chapter and the city's Health Code.
It shall be unlawful for the generator not serviced by the city to fail to accurately record and report recyclables that have been collected, stored, sold or otherwise disposed of.
The city may, in accordance with the provisions of N.J.S.A. 40A:11-1 et seq., enter into agreements granting a contract to qualified persons, partnerships, corporations or organizations to authorize them to collect all newspapers, corrugated cardboard, glass, aluminum and tin containers or any other designated recyclable materials at curbside. The city may, in accordance with the provisions of N.J.S.A. 40A:11-1 et seq., enter into agreements to have all the above recyclables collected at curbside. The city may, if it elects, use city personnel and sell all recyclables pursuant to N.J.S.A. 40A:11-1 et seq. The City Recycling Coordinator will compile all recycling documentation and report to the County Recycling Coordinator on a quarterly basis.