[HISTORY: Adopted by the City Council of
the City of Passaic 8-22-1991 by Ord. No. 1145-91.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded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:
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.
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.
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.
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 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.
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.
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.
All garbage and rubbish normally placed at the curb for collection
on a regular schedule.
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.
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.
Any used refrigerator, stove, washing machine, dryer, etc.;
pieces of ferrous/nonferrous scrap metal that can be placed at the
curb for collection.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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:
(1)
Corrugated cardboard shall be flattened, all staples
removed (if any) and tied in bundles.
(2)
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.
(3)
Glass, plastic, tin and aluminum. Any combination
of these recyclables shall be contained in a reusable metal or plastic
receptacle, occupant or owner supplied.
(4)
All organic foodstuffs and beverages shall be cleaned
out of any material listed above prior to being placed in said recyclable
receptacle.
(5)
In addition, tires are eligible for municipal curbside
pickup, in accordance with the following procedures:
(a)
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.
(b)
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.
(c)
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]
[1]
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.
(d)
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).
(6)
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.
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.
[Amended 10-7-1993 by Ord. No. 1253-93]
A.
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.
B.
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.
C.
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.
A.
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:
|
Reporting Period
|
Due Date
(no later than)
| |
|---|---|---|
|
January 1 to March 31
|
April 8
| |
|
April 1 to June 30
|
July 8
| |
|
July 1 to September 30
|
October 8
| |
|
October 1 to December 31
|
January 8
|
B.
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]
A.
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:
(1)
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.
(2)
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.
(3)
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.
B.
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.
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 chapter and is punishable
under the provisions of this chapter.
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 chapter and the city's Health Code.
D.
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.
