It is the purpose of this article to comply
with the New Jersey Statewide Mandatory Source Separation and Recycling
Act, P.L. 1987, c. 102; and the New Jersey Recycling Act of 1981,
P.L. 1981, c. 278.
As used in this article, the following terms
have meanings indicated:
ALUMINUM
All products made of aluminum, including aluminum cans, foil,
wrappers, containers for prepared dinners or other food, screen frames
and lawn chairs.
CHIPBOARD
Cardboard usually made entirely from waste paper.
[Added 10-20-2009 by Ord. No. 2009-16]
COMPOSTABLE BAG
A biodegradable, two-ply, wet strength treated, recyclable
paper or corn silk bag which can be placed or added directly to a
compost pile.
CORRUGATED CARDBOARD
A paper-based structural material shaped in parrellel furrows
and ridges for rigidity and commonly used for transport of supplies,
equipment or other merchandise.
[Amended 10-20-2009 by Ord. No. 2009-16]
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials, including ferrous and nonferrous
metals, glass, color-separated, food waste, corrugated cardboard,
newspaper, paper, aluminum, automotive waste oil, leaves, automobile
batteries and those materials designated by the Borough of East Rutherford
Recycling Coordinator.
ELECTRONIC DEVICES
All electronic devices including televisions, computers and
related components and subcomponents.
[Added 10-20-2009 by Ord. No. 2009-16]
FERROUS METALS (WHITE METALS)
All products made of metal, exclusive of aluminum, including
washers, dryers, refrigerators, stoves, hot water heaters, tire rims,
springs, bicycles, bimetal cans (tin cans) or scrap metal.
FOOD WASTE
Any edible waste material resulting from handling, preparation,
processing, cooking or consumption of food.
GLASS, COLOR-SEPARATED
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 and flat glass, commonly known as "window
glass" or "plate glass."
MAGAZINES
Any periodical published weekly, bimonthly or monthly containing
a collection of stories, articles and other features.
NEWSPAPER
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.
PAPER
White typing and ledger paper, white notepad paper, copier
paper, carbonless computer printout paper, manila tab cards and file
folders.
PLASTIC CONTAINERS
Plastic containers, including plastic such as polyethylene
terephthalate (P.E.T.E. - No. 1) soda bottles, high-density polyethylene
(HDPE - No. 2), milk, water or detergent bottles, vinyl (V - No. 3),
low-density polyethylene (LDPE - No. 4) containers, or polyvinyl chloride
(PVC - No. 5) bottles, but not including rigid and foam polystyrene
(PS - No. 6).
[Added 10-20-2009 by Ord. No. 2009-16]
PRIVATE SCAVENGER
A charter which holds a tariff from the New Jersey Board
of Public Utilities or license from the New Jersey Department of Environmental
Protection.
USED MOTOR OIL
A petroleum-based or synthetic oil which through use, storage
or handling, has become unsuitable for its original purpose due to
the presence of impurities or loss of original properties.
[Added 10-20-2009 by Ord. No. 2009-16]
WOOD WASTE
Branches and wood chips, stumps, unfinished wood, wood pallets,
but does not include painted or treated wood, or plywood of any type.
[Added 10-20-2009 by Ord. No. 2009-16]
YARD WASTE
Those materials that are generated from the mowing or thatching
of lawns or are naturally formed from trees and bushes that are suitable
for composting and mulching purposes.
[Added 7-17-2012 by Ord.
No. 2012-08]
Nothing in this article shall be deemed to prohibit
any owner, lessee or occupant of residential property from disposing
of recyclable materials privately through a sale or gift, provided
that in no event shall such recyclable materials be left at the curb
for any private pickup, and further provided that in no event shall
any such recyclable materials be disposed of as part of the solid
waste pickup by the Borough of East Rutherford in accordance with
the normal pickup by the Borough of East Rutherford.
From the time recyclable materials are placed
at the curb by the owner, lessee or occupant for collection by the
Borough of East Rutherford, such recyclable materials shall become
the property of the borough. It shall be a violation of this article
for any person unauthorized to collect or pick up or cause to be collected
or picked up any such recyclable materials for any purpose whatsoever
once the same has been placed at the curb. Any and each such collection
in violation hereof from one or more premises shall constitute a separate
and distinct offense punishable as hereinafter provided.
The enforcement of the provisions of this article
shall be the responsibility of the Recycling Coordinator, Ordinance
Enforcer, Health Officer, Sanitarian, Zoning Officer and the Departments
of Police and Public Works. The responsibility of monitoring the program
for the adequacy of the collection and all other terms of the established
rules and regulations is that of the Recycling Coordinator.
[Amended 3-20-2012 by Ord. No. 2012-05]
A. Any person, firm, corporation or institution who violates or neglects to comply with any provisions of this article on any rule or regulation promulgated pursuant thereto, except for §
248-20, shall be punishable, upon conviction thereof, by a fine and/or penalty, which will be heard before the Borough of East Rutherford Municipal Judge as provided below:
(1) First offense: a fine of $25.
(2) Second offense: a fine of $50.
(3) Third offense: a fine of $100, or as an alternative
penalty a convicted person may be ordered to perform community service
in the recycling program for a period of not to exceed 24 man-hours
of labor.
(4) Fourth and each subsequent offense: a fine $500, or
as an alternative penalty a convicted person may be ordered to perform
community service in the recycling program not to exceed 90 days (the
equivalent of 720 man-hours of labor) and/or up to 90 days in jail.
Each day such violation or neglect is committed or permitted to continue
shall constitute a separate offense and be punishable as such.
B. Any person, firm, corporation or institution who violates or neglects to comply with §
248-20 or any rule or regulation promulgated pursuant thereto shall be punishable, upon conviction thereof, by a fine and/or penalty, which will be heard before the Borough of East Rutherford Municipal Judge as provided below:
(1) First
offense: a fine of $250.
(2) Second
offense: a fine of $500.
(3) Third
and each subsequent offense: a fine $1,000, or as an alternative penalty
a convicted person may be ordered to perform community service in
the recycling program not to exceed 90 days (the equivalent of 720
man-hours of labor) and/or up to 90 days in jail. Each day such violation
or neglect is committed or permitted to continue shall constitute
a separate offense and be punishable as such.
C. Fines
levied and recovered for noncompliance with any and all provisions
of this article shall be transmitted monthly by the Court Clerk to
the Borough Treasurer and placed in the current fund and recorded
as a "dedication by rider" to be utilized for the purpose of the Borough's
recycling program, to include but not be limited to education, awareness
and improvement in services, in accordance with the provisions of
N.J.S.A. 40A:4-39.