[Adopted 12-22-1987 by Ord. No. 1065; amended 6-14-1990 by Ord. No. 1108; 7-21-1992 by Ord. No. 1155; 6-21-1994 by Ord. No. 1194]
As used in this article, the following terms shall have the meanings indicated:
- Recyclable aluminum cans.
- Cardboard from commercial sources (corrugated).
- COMMERCIAL RECYCLABLES
- All those recyclable items and materials which shall, pursuant to the terms of this article, be collected through private contractual arrangements and agreements between commercial property owners and private haulers or recyclers.
- FERROUS SCRAP
- Heavy iron, structural steel or cast-iron components.
- FOOD WASTE
- Spoiled fruits and vegetables, stale baked goods, meat trimmings, plate scrapings and renderings.
- All products made from silica or sand, soda ash and limestone which are transparent or translucent and used for packaging or bottling of various matter and all other materials commonly known as "glass"; excluding, however, blue or flat glass commonly known as "window glass." Glass from commercial generators such as bars and grills must be delivered to the recycling depot.
- HOUSEHOLD-GENERATED BATTERIES
- Includes any type of button, coin, cylindrical, rectangular
or other shaped, enclosed device or sealed container consisting of
a combination of two or more voltaic or galvanic cells, electrically
connected to produce electric energy, composed of lead, lithium, manganese,
mercury, mercuric oxide, silver oxide, cadmium, zinc, copper or other
metals or any combination thereof, including the following: nonrechargeable
alkaline: common cell alkaline, zinc and lithium types in AAA, AA,
C, D, 9 volts and lantern sizes; rechargeable alkaline; nickel cadmium
and sealed lead acid, also available in common cell sizes AAA, AA,
C, D and 9 volts; and button cells: silver oxide, lithium, zinc air
and alkaline-manganese.[Added 9-19-1995 by Ord. No. 1227]
- JUNK MAIL
- Magazines, stock, white and color bond paper and envelopes.
- A. Residential sector.
- (1) Newspaper.
- (2) Glass beverage containers.
- (3) Aluminum cans.
- (4) Ferrous scrap.
- (5) Leaves.
- (6) White goods.
- (7) Tin cans.
- (8) Grass.
- (9) Construction and demolition debris (concrete, brick, tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard, where practical).
- (10) Corrugated cardboard.
- (11) Mixed paper.
- (12) Type 1 and 2 plastic containers.
- B. Commercial sector.
- (1) Corrugated cardboard.
- (2) High-grade office paper.
- (3) Glass beverage containers.
- (4) Ferrous scrap.
- (5) White goods.
- (6) Aluminum cans.
- (7) Mixed paper.
- (8) Construction and demolition debris (concrete, brick, tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard; where practical).
- (9) Type 1 and 2 plastic containers.
[Added 3-26-2009 by Ord. No. 1524]
- MUNICIPAL RECYCLABLES
- All those recyclable materials, as defined herein, which shall be, pursuant to the terms of this article, picked up by the Borough of Palisades Park and the Department of Public Works of the Borough of Palisades Park pursuant to the regulations established by the Director of the Department of Solid Wastes Management.
- OIL RETAILER
- Any person or commercial business who sells to consumers lubricating or other oil in containers for use off of the retailers premises.
- Containers composed of high-density polyethylenes, polyethylene terephthalate or other specific plastics as the Borough of Palisades Park may, from time to time, designate.
- PUBLIC RECYCLABLES
- All those recyclable materials or items which shall be generated by all municipal buildings and properties, including all school buildings and those buildings or properties owned or maintained by the Board of Education of the Borough of Palisades Park.
- Such rules, implementation dates, schedules or times and such other requirements promulgated by the Director of the Solid Wastes Management Department and approved by the Borough Council as may be necessary to carry out the purposes and objectives of this article.
- USED NEWSPAPERS
- 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. Expressly excluded, however, are all magazines or similar periodicals as well as all other paper periodicals of any nature whatsoever.
- USED OIL
- A petroleum-based or synthetic oil which is used in an internal combustion engine as an engine lubricant or as a product used for lubricating transmissions, gears or axles which through use, storage or handling has become unsuitable for its original purpose due to the presence of chemical or physical impurities or loss of original properties.
- USED OIL COLLECTION TANK
- Any tank, whether above- or below-ground, into which oil is drained.
- WHITE GOODS
- Refrigerators, stoves, washing machines, dryers and hot-water heaters.
- YARD WASTE
[Amended 9-19-1995 by Ord. No. 1227]
All persons, except those physically disabled, who are owners, lessees or occupants of residential, commercial or institutional properties in the borough shall be bound by the applicable provisions of this article, which shall include, but not be limited to, the following obligations: to separate used newspapers, aluminum, glass, plastics and yard waste from any other trash and garbage produced by any such residences and to separately bundle the same for pickup, collection and recycling, in accordance with all applicable regulations. Household-generated batteries shall be separated and disposed of in the receptacle provided at the offices of the Department of Public Works.
All separated recyclables shall be placed for pickup, collection and recycling in strict conformity with the following regulations, provided that said regulation applies to the particular property in question:
Used newspapers shall be separated and secured in bundles, not to exceed 12 inches in height. Such bundles shall not be contained in plastic bags.
Aluminum shall be separated and secured in suitable reusable containers supplied by the owner, lessee or occupant.
Glass shall be separated and contained in suitable, reusable containers supplied by the owner, lessee or occupant. Containers constructed of paper or cardboard materials shall be deemed not suitable for this purpose.
All corrugated cardboard shall be bundled or tied together in any reasonable fashion designed to hold the cardboard together.
All recyclables, whether municipal, commercial or public, shall be source-separated by the person to whom this article relates as set forth in § 153-11.
Construction and demolition debris (concrete brick, tree parts, nonferrous/ferrous metals, asphalt, corrugated cardboard) shall be placed separately in Type I and II plastic containers.
[Added 3-26-2009 by Ord. No. 1524]
The Director of the Department of Solid Wastes Management shall promulgate regulations establishing the commencement date for mandatory separation of recyclables and the manner, dates and times for the collection of the same in accordance with the terms of this article. Any such regulations promulgated by the Director or the Department of Solid Wastes Management shall be approved by the Borough Council and may be changed, modified, repealed or amended in whole or in part by majority vote of the Borough Council. A copy of such regulations promulgated by the Director of the Department of Solid Wastes Management, as approved, modified or amended, shall be available for public inspection at the office of the Borough Clerk during regular office hours.
These municipal recyclables shall include glass, aluminum, plastic and tin containers as well as newspapers, white goods and leaves and ferrous scrap and demolition debris. Municipal recyclables shall be collected by the Borough of Palisades Park Department of Public Works and shall be collected from all residential properties within the Borough of Palisades Park which have their trash and other garbage collected by the private residential scavenger service contracted by the borough for trash and garbage collection.
From the time of placement at the curb for pickup, collection and recycling, recyclables shall be the property of the Borough of Palisades Park or its duly authorized agent. No person unauthorized by the Borough of Palisades Park shall collect or pick up or cause to be collected or picked up any such recyclables. Each collection or pickup of recyclables in violation hereof from any one or more residences shall constitute a separate and distinct offense.
No provision herein shall be construed to prohibit groups or individuals who shall be authorized by the Director of the Department of Solid Wastes Management from collecting or picking up recyclables at curbside or otherwise in such manner and under such terms and conditions as shall be prescribed by the Director. No such collection or pickup shall conflict or interfere with pickup and collection by the borough and its duly authorized agent(s).
Commercial recyclables shall be collected pursuant to an agreement between any commercial property owner and the private hauler with which it has contracted for the collection of its garbage and trash. Alternatively, the commercial property owner may enter into an agreement with a recycler for the purpose of making said collections. This section shall apply to all commercial properties and property owners which presently utilize private collection services pursuant to the Code of the Borough of Palisades Park.
Commercial recyclables shall include corrugated cardboard, high-grade office paper, glass, beverage containers, ferrous scrap, white goods, aluminum cans, mixed paper, and construction and demolition debris (concrete brick, tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard; where practical) and Type 1 and 2 plastic containers.
[Amended 3-26-2009 by Ord. No. 1524]
Public recyclables shall include office paper, junk mail and food waste as well as glass, aluminum, tin and bimetal containers and ferrous scrap. These public recyclables shall be all those recyclable materials and items which are produced or generated by public, municipal or school buildings or properties within the Borough of Palisades Park.
All public recyclables shall be picked up and collected by the Borough of Palisades Park through the offices of the Department of Public Works pursuant to the same requirements as municipal recyclables as defined herein.
The requirements set forth in this section shall apply to all recyclable material, including municipal recyclables, commercial recyclables and public recyclables.
No recyclable materials, as set forth in this article, shall be placed at curbside prior to 6:00 a.m. on the scheduled day of collection.
If a specific bundling or containerization requirement is set forth herein, all parties to which this article applies must comply with the same. If no specific bundling or containerization requirement is described in this article, the recyclables shall be bundled or containerized in such a manner as to prevent the materials from blowing or becoming loose so as to create an unsightly or messy condition on or around the subject property.
All oil retailers shall post and maintain, at or near the point of sale, a durable sign, not less than 11 inches by 15 inches in size, so that it is easily visible to the public, informing the public of the importance of the proper collection and disposal of used oil and how and where used oil may be properly disposed of.
All operators of used oil collection sites shall post and maintain a durable and legible sign not less than 11 inches by 15 inches in size, so that it is easily visible to the public, informing the public that it is a collection site for the disposal of used oil.
Applicability. This section shall be applicable to the demolition of any structure and shall include, but not be limited to, construction debris, demolition debris, roofing debris, trees, including stumps, branches and shrubbery, excavation such as water-main and gasline pipes, ferrous or wood railroad tracks and pilings of all kinds.
Demolition permit; security requirements. Prior to the issuance of a permit for the demolition of any structure pursuant to N.J.A.C. 5:23-2.17 or other applicable regulation, the person, firm or entity making such application shall post with the Construction Official security in the form of cash, certified check, irrevocable letter of credit or surety bond issued by a surety company authorized to do business in New Jersey. Such security shall be in the amount of $1,000 for one- and two-family homes and accessory buildings and $10,000 for all other buildings. The purpose of the security or condition of the bond shall be to insure that demolition shall have been performed in a good and workmanlike manner as well as to guarantee compliance with Subsection C of this section, in addition to all other regulations governing demolition. In the event that a bond is posted, the beneficiary of the security or obligee shall be the owner or owners of the land and any persons having an interest in the realty involved on which the demolition is taking place, and the term of any security, be it cash, certified check, irrevocable letter of credit or surety bond, shall terminate no earlier than the expiration date of the demolition permit, plus an additional 30 days.
Recycling tonnage application form.
Within five days after completion of demolition of any building or structure, the applicant shall cause to be filed with the Recycling Official of the borough a municipal recycling tonnage application commercial business form and accompanying documentation. Such form shall be available from the Construction Official and shall be filed with the Recycling Official of the borough.
The applicant shall attach to the recycling tonnage application form all recycling tonnage receipts and/or certified tipping receipts. In the event that the applicant fails to supply this documentation, no certificate of occupancy or other certificate of approval shall be issued for the subject premises. In addition, the Building Department may withhold from the surety deposit the amount of $300 for failure to comply with said requirement for submission of tipping and/or tonnage receipt.
Disposition of security. In the event that, within 30 days after demolition of the building or structure, the Recycling Official has not received the required documentation pursuant to Subsection C of this section, and the Construction Official has been notified, in writing, of the commencement of litigation and the court in which such litigation has commenced and that said litigation alleges a violation of the purpose or condition of the security or bond posted herewith, the Construction Official shall forthwith transmit such security or bond to the clerk of the court involved for disposition of the matter.
The Director of the Department of Solid Wastes Management or his duly authorized designee is hereby designated and authorized as the enforcement officer of this article.
[Amended 9-19-1995 by Ord. No. 1227]
Any person, firm or corporation who or which shall violate or fail to comply with any provision of this article or any regulation promulgated pursuant thereto shall, upon conviction thereof, be punished for failure to comply by a fine not to exceed $200 for any residential property and $300 for any commercial property violation.