[HISTORY: Adopted by the Borough Council
of the Borough of Alpine as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Ch. XXI (Ord. No. 399) of the 1970 Revised
General Ordinances]
This article shall be known and cited as the
"Mandatory Recycling Ordinance of the Borough of Alpine."
The purpose of this article is to cause the
Borough to comply with the mandatory state-wide recycling program,
P.L. 1987, Ch. 102, N.J.S.A. 13:1E-99.11 et seq., and the Clean Communities
and Recycling Act, N.J.S.A. 13:1E-92 et seq.
[Amended by Ord. No. 412]
As used in this article, the following terms
shall have the meanings indicated:
Recyclable aluminum cans.
A product which has a ribbed layer of paper between two layers
of flat cardboard which shall be free of metal staples, plastic packaging
and brown paper bags.
The following recyclable materials, which are to be source
separated in the Borough pursuant to P.L. 1987, Ch. 102, Section 3,
and N.J.S.A. 13:1E-99.13: leaves, aluminum cans, newspaper and glass.
The transportation, placement, reuse, sale, donation, transfer
or temporary storage, for a period not exceeding six months, of designated
recyclable materials for all possible uses except for disposal as
solid waste.
All products made from silica, sand, soda ash and limestone
which are transparent or translucent and used for packing or bottling
of various matter and all other materials commonly known as "glass,"
excluding, however, ceramic, blue and flat glass commonly known as
"window glass."
Computer paper, tab cards, white letterhead, ledger and nonglossy
copier paper, all of which shall be free of staples, paper clips,
gummed labels, etc.
Those materials naturally formed from trees and bushes that
are suitable for composting and mulching purposes.
All residential, commercial and institutional solid waste
generated within the boundaries of the Borough, as measured in tons.
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.
All residential, commercial and institutional property in
the Borough.
Those aluminum cans, newspapers and glass which would otherwise
become municipal solid waste, and which are to be collected, separated
or processed and returned to the economic mainstream in the form of
raw materials or products.
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 facility designed and operated solely for receiving,
storing, processing and transferring source separated leaves, aluminum
cans, newspapers and glass.
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.
Recyclable materials, including only leaves, aluminum cans,
newspapers and glass, which are kept separate and apart from all other
residential, commercial and institutional solid waste by the generator
thereof for the purpose of collection, disposition and recycling.
A.
Position created. There is hereby created the position
of recycling coordinator in the Borough of Alpine.
B.
Duties of recycling coordinator.
(1)
Authorization to sell. The recycling coordinator is
authorized, from time to time, to sell and deliver, by bid or contract
approved by the Mayor and Council, recyclable materials so collected
in order to obtain the best possible price.
(2)
Annual recycling tonnage report. The recycling coordinator
shall, on or before July 1 of each year beginning with 1988, submit
a recycling tonnage report to the New Jersey Office of Recycling in
accordance with rules and regulations adopted therefor by the Department
of Environmental Protection.
(3)
Notification of public within the Borough.
(a)
The recycling coordinator, no later than April
15, 1988, shall notify all persons owning, leasing or occupying property
within the Borough of the Borough's recycling opportunities and the
source separation requirements of this article. Such notification
shall be accomplished by placing an advertisement in the Borough's
newsletter, and by posting a notice in public places where public
notices are customarily posted by the Borough.
(b)
Within six months after the effective date of
this article, and at least once every six months thereafter, the recycling
coordinator shall notify all persons occupying residential, commercial
and institutional premises within the Borough of local recycling opportunities
and the source separation requirements of this article. Such notification
shall be accomplished by placing an advertisement in the Borough newsletter
and by posting a notice in public places where public notices are
customarily posted by the Borough.
[Amended by Ord. No. 412; Ord. No. 494; Ord.
No. 503; 11-17-2008 by Ord. No. 692]
A.
The following materials are designated as mandatory
recyclables under the Alpine mandatory recyclable program for residential
properties:
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Newspapers
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Ferrous scrap
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Glass beverage containers
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Leaves
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Aluminum cans
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White goods
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Tin (ferrous) cans
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Corrugated cardboard
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Grass
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High-grade paper
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Household generated batteries
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Construction and demolition debris (concrete,
brick, tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard;
where practical)
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Mixed paper
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Types 1 and 2 plastic containers
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B.
The following are designated as mandatory recyclables
under the Alpine mandatory recyclable program for commercial properties:
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Newspapers
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Leaves
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Glass beverage containers
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Corrugated cardboard
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Aluminum cans
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High-grade paper
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Ferrous scrap
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Mixed paper
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White goods
| |
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Construction and demolition debris (concrete
brick, tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard;
where practical)
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Types 1 and 2 plastic containers
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A.
Mandatory recycling. It shall be mandatory for all persons who are owners, lessees and occupants of property within the Borough to separate, or cause to be separated, the recyclable materials designated in § 188-5 above from all other solid waste.
[Amended by Ord. No. 448]
B.
Regulations for recycling. The owner, lessee and occupant of every property within the Borough who shall separate, or cause to be separated, the recyclable materials designated in § 188-5 above shall do so in strict conformity with the following regulations:
[Amended by Ord. No. 412]
(1)
Leaves. From September 1 to December 31 of each year,
the owner, lessee and/or occupant of every property within the Borough
shall source separate, or cause to be separated, leaves from all other
solid waste generated at that property. Leaves are to be free of sticks,
stones and other debris that can damage equipment. Leaves are to be
raked into lengthwise windrow piles along the curbside in front of
each property. Leaves shall not be placed in plastic bags.
(2)
Used newspapers. Used newspapers must be tied or bagged,
no plastic bags allowed, neatly in bundles not to exceed 30 pounds
and transported to the recycling center.
(3)
Aluminum cans. Aluminum cans are to be all aluminum
only, no tin, foil or dinner trays, and transported to the recycling
center.
(4)
Glass. Glass shall be separated, rinsed clean and
all lids, caps and plastic pour spouts removed and transported to
the recycling center.
(5)
Corrugated cardboard. Corrugated cardboard shall be
collapsed and bundled securely to ensure that it will not be capable
of being windblown or distributed on the public streets and provides
further that the maximum weight of any bundle does not exceed 30 pounds,
approximately 12 inches high. Each person is responsible for bringing
corrugated cardboard to the recycling center.
(6)
High-grade paper. High-grade paper must be tied or
bagged, no plastic bags allowed, neatly in bundles not to exceed 30
pounds and transported to the recycling center.
C.
Private disposal of recyclable materials. Nothing
in this article shall be deemed to prohibit any owner, lessee or occupant
from disposing of recyclable materials privately through a sale or
gift, provided, however, that in no event shall any such recyclable
materials be left at the curb for any private pickup, and provided
further that in no event shall any such recyclable materials be disposed
of as part of and through the solid waste pickup by the Borough's
scavenger contractor.
D.
Ownership after placement at recycling center. From
the time recyclable materials are placed at the recycling center by
the owner, lessee or occupant for processing by the Borough, such
recyclable materials shall become the property of the Borough. Once
recyclable materials have been so placed at the recycling center,
it shall be a violation of this section for any unauthorized person
to collect or pick up, or cause to be collected or picked up, any
such recyclable materials for any purpose whatsoever. Any and each
such collection from the recycling center shall constitute a separate
and distinct offense punishable as hereinafter provided.
This article shall be referred to the Planning
Board which, under N.J.S.A. 40:55D-28, is responsible for preparing,
adopting and maintaining the Borough's Master Plan to guide the use
of lands within the Borough in a manner which protects public health
and safety and promotes the general welfare. In accordance with N.J.S.A.
13:1E-99.16(c), the Planning Board shall, within 30 days of the effective
date of this article and at least every 36 months thereafter, conduct
a review and make such revisions to the Master Plan and development
regulations adopted by the Planning Board pursuant to N.J.S.A. 40:55D-1
et seq., as are necessary to:
A.
Reflect changes in state, county and Borough policies
and objectives, including those set forth in this article, concerning
the collection, disposition and recycling of designated recyclable
materials; and
B.
Cause such Master Plan and development regulations
to contain provisions requiring:
(2)
Any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land, to provide for the collection, disposition and recycling of designated recyclable materials. The Planning Board shall also make recommendations to the Mayor and Council for amendments to Chapter 220, Zoning, and Chapter 195, Subdivision of Land, and Chapter 179, Site Plan Review, in accordance with this section.
The recycling coordinator, or his/her designee,
is hereby authorized and directed to enforce this article. The recycling
coordinator is hereby authorized and directed to establish and promulgate
reasonable regulations as to the manner, days and times for the collection
of designated recyclable materials in accordance with the terms hereof;
such rules and regulations to be subject to change, modification,
repeal or amendment by a majority vote of the Mayor and Council.
[Amended 4-25-2001 by Ord. No. 586]
Any person, firm or corporation who shall violate or fail to comply with any provision of this article or of any regulation promulgated pursuant thereto shall, upon conviction thereof, be punished by a fine not to exceed $5 for the first offense, $10 for the second offense, $25 for the third offense and a fine of not more than $350 for each offense thereafter; except, however, an initial conviction for failure to comply with §§ 188-6D, and any rules and regulations issued pursuant thereto, shall be punished by a fine not to exceed $350.
[Adopted 7-28-2010 by Ord. No. 713]
This article requires dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibits the spilling, dumping, leaking, or otherwise discharge
of liquids, semiliquids or solids from the containers to the municipal
separate storm sewer systems(s) operated by the Borough of Alpine
and/or the waters of the state so as to protect public health, safety,
and welfare, and prescribing penalties for the failure to comply.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Borough of Alpine or other public body, and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association or political subdivision of the state subject to municipal
jurisdiction.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow-removal equipment.
The ocean and its estuaries, all streams, springs, and bodies
or surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
A.
Any person who controls, whether owned, leased, or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
B.
Any person who owns, leases, or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semiliquids, or solids to the municipal
separate storm sewer system(s) operated by the Borough of Alpine.
Exceptions are as follows:
A.
Permitted temporary demolition containers.
B.
Litter receptacles (other than dumpsters or other bulk containers).
C.
Individual homeowner trash and recycling containers.
D.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
E.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
This article shall be enforced by the Police Department and/or
the Property Maintenance Official for the Borough of Alpine.
Any person who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $500 for
a first offense, and $1,000 for each subsequent offense.
