[Adopted 9-18-1990 by Ord. No. 90-17]
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.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et
seq. and 13:1E-92 et seq., respectively; N.J.S.A. §§ 13:1E-92
through 13:1E-94 were repealed by L. 2002, c. 128, § 12,
effective 12-20-2002; see now also N.J.S.A. § 13:1E-213
et seq.
As used in this article, the following terms
have meanings indicated:
All products made of aluminum, including aluminum cans, foil,
wrappers, containers for prepared dinners or other food, screen frames
and lawn chairs.[1]
Cardboard usually made entirely from waste paper.
[Added 10-20-2009 by Ord. No. 2009-16]
A biodegradable, two-ply, wet strength treated, recyclable
paper or corn silk bag which can be placed or added directly to a
compost pile.
Concrete, brick, cinderblock.[2]
[Added 10-20-2009 by Ord. No. 2009-16]
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]
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.
All electronic devices including televisions, computers and
related components and subcomponents.
[Added 10-20-2009 by Ord. No. 2009-16]
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.
Any edible waste material resulting from handling, preparation,
processing, cooking or consumption of food.
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."[3]
Any periodical published weekly, bimonthly or monthly containing
a collection of stories, articles and other features.
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.
All metals which are not ferrous materials.
White typing and ledger paper, white notepad paper, copier
paper, carbonless computer printout paper, manila tab cards and file
folders.
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]
A charter which holds a tariff from the New Jersey Board
of Public Utilities or license from the New Jersey Department of Environmental
Protection.
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]
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]
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]
[1]
Editor's Note: The former definitions of “automotive
tires,” added 10-20-2009 by Ord. No. 2009-16, and “automotive
waste oil,” which immediately followed this definition, were
repealed 7-17-2012 by Ord. No. 2012-08.
[2]
Editor's Note: The former definition of “cooking oil,”
added 10-20-2009 by Ord. No. 2009-16, which immediately followed this
definition, was repealed 7-17-2012 by Ord. No. 2012-08.
[3]
Editor's Note: The former definitions of “grass clippings,”
added 6-21-1994 by Ord. No. 94-4, and “leaves,” which
immediately followed this definition, were repealed 7-17-2012 by Ord.
No. 2012-08.
A.
The position of Recycling Coordinator is hereby created
and established within the Borough of East Rutherford.
B.
The Recycling Coordinator shall be appointed by the
governing body for a term of one year, expiring December 31 of each
year. The term of the person first appointed as Recycling Coordinator
shall expire December 31 of the year of that person's appointment.
C.
The Recycling Coordinator, subject to the approval
of the governing body, shall establish and promulgate reasonable rules
and regulations as to the manner, days and times for the collection,
storage, transportation, sale and/or marketing of said recyclable
materials in order to encourage the preservation of material resources
while minimizing the cost of the recycling program to the Borough
of East Rutherford.
D.
The Recycling Coordinator shall annually submit a
recycling tonnage report to the New Jersey Office of Recycling and
other such reports required by the Bergen County Utilities Authority.
A.
Effective September 18, 1990, it shall be mandatory
for all persons, lessees and occupants of residential property to
separate aluminum cans, tin cans, glass bottles, color-separated,
leaves, newspapers, magazines, ferrous and nonferrous metals, tin
cans and wood waste from all other solid waste produced by such residences
for collection/deposit and the ultimate recycling of said material.
B.
Designation of recyclable materials.
(1)
Mandatory. The following are identified as mandatory
materials:
(a)
Aluminum.
(b)
Glass, color-separated.
(c)
Leaves.
(d)
Newspapers.
(e)
Magazines.
(f)
All ferrous and nonferrous metals.
(g)
Tin cans.
(h)
Wood waste.
(i)
Any other items deemed recyclable materials
by the Recycling Coordinator and approved by the East Rutherford Mayor
and Council.
(j)
Grass clippings.
[Added 6-21-1994 by Ord. No. 94-4]
(k)
Plastic containers.
[Added 10-20-2009 by Ord. No. 2009-16]
(l)
Used motor oil.
[Added 10-20-2009 by Ord. No. 2009-16]
(m)
Corrugated cardboard.
[Added 10-20-2009 by Ord. No. 2009-16]
(n)
Electronic devices.
[Added 10-20-2009 by Ord. No. 2009-16]
(o)
Wood waste.
[Added 10-20-2009 by Ord. No. 2009-16]
(p)
Concrete/asphalt and masonary/paving materials.
[Added 10-20-2009 by Ord. No. 2009-16]
(q)
Cooking oil.
[Added 10-20-2009 by Ord. No. 2009-16]
(r)
Automotive tires.
[Added 10-20-2009 by Ord. No. 2009-16]
C.
Separation, collection and disposal methods of designated
recyclable materials:
(1)
Aluminum (mandatory) shall be separated and placed
in reusable containers for curbside collection. These reusable containers
shall be placed at curbside to be collected on days designated by
the Borough of East Rutherford Recycling Coordinator.
(3)
Ferrous metals (white metals) (mandatory) shall be
separated at curbside for collection. These reusable containers shall
be placed at the curb on days designated by the Borough of East Rutherford
Recycling Coordinator.
(4)
Nonferrous metals shall be separated at the curbside
for collection. These reusable containers shall be placed at the curb
on days designated by the Borough of East Rutherford Recycling Coordinator.
(5)
Glass, color-separated (mandatory), shall be color
source-separated (clear, amber, green) and placed in individual reusable
containers for curbside collection. These reusable containers shall
be placed at the curb on days designated by the Borough of East Rutherford
Recycling Coordinator.
(6)
Yard waste (mandatory) is to be placed at street curb on days designated by the Borough of East Rutherford Recycling Coordinator. Yard waste is not to be added to any other disposal garbage placed at the curb for municipal cleanup. It is the expressed intention of this article that separation of yard waste shall be in effect 12 months of the year. Landscape contractors shall comply with the restrictions set forth in § 130-4 of the Code.
[Amended 2-16-2010 by Ord. No. 2010-03; 7-17-2012 by Ord. No.
2012-08]
(7)
Newspapers (mandatory) shall be separated, secured
and tied in bundles not to exceed 15 inches in height. Such bundles
shall not be contained in plastic or brown bags. These bundles shall
be placed at curbside on days designated days by the Borough of East
Rutherford Recycling Coordinator.
(8)
Magazines (mandatory) shall be placed at curbside
to be collected on days designated by the Borough of East Rutherford
Recycling Coordinator.
(9)
Townhouse, condominium and apartment residents shall
place mandatory recycling items (aluminum, tin cans, color-separated
glass, newspapers) in the designated areas within their respective
complex for collection purposes as set forth in this article. These
reusable containers shall be placed at curbside to be collected on
days designated by the Borough of East Rutherford Recycling Coordinator.
(10)
Grass clippings shall mean only that which is commonly known as "grass clippings" and shall be separated from all other recyclable material and placed at the street curb on days designated by the Borough of East Rutherford Recycling Coordinator. Landscape contractors shall comply with the restrictions set forth in § 130-4 of the Code.
[Added 6-21-1994 by Ord. No. 94-4; amended 2-16-2010 by Ord. No. 2010-03]
(11)
Plastic containers may be separated from all other recyclable material
or may be co-mingled in a container with aluminum, magazines, newspaper
paper, chipboard and corrugated cardboard and placed at the curbside
on days designated by the Borough of East Rutherford Recycling Coordinator.
[Added 10-20-2009 by Ord. No. 2009-16]
(13)
Corrugated cardboard may be broken down flat and tied in bundles.
It may be separated from all other recyclable materials or may be
co-mingled in a container with aluminum, magazines, newspaper paper,
chipboard and corrugated cardboard and placed at curbside on days
designated by the Borough of East Rutherford Recycling Coordinator.
[Added 10-20-2009 by Ord. No. 2009-16]
(14)
Electronics shall be separated from all other recyclable materials
and placed at curbside on days designated by the Recycling Coordinator
of the Borough of East Rutherford.
[Added 10-20-2009 by Ord. No. 2009-16]
(15)
Wood waste shall be tied or placed in appropriate containers and
placed curbside for pickup on such days as may be designated by the
Borough of East Rutherford Recycling Coordinator.
[Added 10-20-2009 by Ord. No. 2009-16]
(16)
Concrete products created by work performed by homeowners themselves
(not by contractors) shall be placed curbside for pick-up on days
designated by the Borough of East Rutherford Recycling Coordinator.
All concrete materials produced by contractors shall be disposed of
by the contractor.[4]
[Added 10-20-2009 by Ord. No. 2009-16]
[4]
Editor's Note: Former Subsections C(17) and (18), regarding
cooking oil and automotive tires, respectively, added 10-20-2009 by
Ord. No. 2009-16, were repealed 7-17-2012 by Ord. No. 2012-08.
D.
Set-out time. For collection pursuant to a schedule
announced by the Borough of East Rutherford Recycling Coordinator,
all approved containers must be placed at the curbline where easily
accessible. No containers shall be set out prior to 6:00 p.m. on the
day prior to collection or after 7:00 a.m. the day of collection.
Empty containers shall be removed by 8:00 p.m. on the collection day.
When a regular collection day falls on a legal holiday, containers
shall not be set out until the next regularly scheduled collection
unless special announcement of collection is made by the borough.
E.
Solid waste wrapped in newspaper permissible. Notwithstanding
anything to the contrary therein, any person who is an owner, lessee
or occupant may wrap solid waste in used newspapers and discard the
same with regular solid waste.
F.
Procedure upon refusal to collect. Any solid waste
placed for collection by a residential user not in accordance with
this section will be refused by the municipal collector, and it shall
be the responsibility of the residential user to remove said solid
waste from the curbline by 8:00 p.m. on the day of said collection
and have it properly containerized, packaged or secured for purposes
of collection on the next scheduled date.
G.
Washing containers. All aluminum, tin and glass food
containers must be washed and rinsed to be free of food residue before
placing at curbside and tin can labels removed.
H.
Containers:
[Added 10-20-2009 by Ord. No. 2009-16]
A.
Effective September 18, 1990, it shall be mandatory
for all owners, lessees and occupants of business and/or commercial
properties to separate corrugated cardboard, glass bottles, color-separated,
food waste, paper and ferrous/nonferrous scrap produced by such business
or commercial properties for private collection/deposit and the ultimate
recycling of said material.
B.
Designation of recyclable materials.
(1)
Mandatory. The following are identified as mandatory
recyclable materials:
(a)
All types and grades of paper and paper board
products.
(b)
All types and grades of glass.
(c)
All ferrous and nonferrous metals.
(d)
All textiles.
(e)
All food waste.
(f)
All yard materials.
(g)
All plastics.
(h)
All rubber materials.
(i)
All motor lubricating oil or waste oil.
(j)
All leaves.
(k)
All construction and demolition debris.
[Added 6-21-1994 by Ord. No. 94-4]
(2)
Voluntary. Any other recyclable commodities not set forth in § 248-17B(1) above.
C.
Separation, collection and disposal method of designated
recyclable materials:
(1)
Aluminum (mandatory) may be separated and disposed
of by either private scavenger or in receptacles provided at the Department
of Public Works with prior authorization by the Borough of East Rutherford
Recycling Coordinator.
(2)
Automotive waste oil (mandatory) shall be separated
and disposed of by either private scavenger or disposed of in receptacles
provided by the Department of Public Works with prior authorization
by the Borough of East Rutherford Recycling Coordinator.
(3)
Corrugated cardboard (mandatory) shall be separate
and disposed of by a private scavenger.
(4)
Ferrous/nonferrous metal (mandatory) shall be separated
and disposed of by private scavenger.
(5)
Food waste (mandatory) shall be separated and disposed
of by private scavenger.
(6)
Glass, color-separated (mandatory), shall be disposed
of by either a private scavenger or disposed of in the receptacles
provided at the Department of Public Works with prior authorization
by the Borough of East Rutherford Recycling Coordinator.
(7)
Paper products (mandatory) shall be separated and
disposed of by a private scavenger.
(8)
Leaves (mandatory) shall be separated and disposed
of by a private scavenger.
(9)
Newspapers (mandatory) may be separated and disposed
of by either a private scavenger or disposed of in receptacles provided
at the Department of Public Works with prior authorization by the
Borough of East Rutherford Recycling Coordinator.
(10)
Construction and demolition debris shall be
disposed of by a private contractor.
[Added 6-21-1994 by Ord. No. 94-4]
(11)
Plastic containers (mandatory) may be separated and disposed of by
either a private scavenger, disposed of in receptacles provided at
the Department of Public Works with prior authorization by the Borough
of East Rutherford Recycling Coordinator or may be co-mingled in a
container with aluminum, magazines, newspaper paper, chipboard and
corrugated cardboard.
[Added 10-20-2009 by Ord. No. 2009-16]
D.
Registration requirements. It shall be the responsibility
of all owners, lessees and occupants of business and/or commercial
properties to register annually with the Borough of East Rutherford
Recycling Coordinator. The annual registration must be filed with
the Recycling Coordinator on or before January 10 of each year. New
business and/or commercial properties must file within 45 days of
the issuance of a certificate of occupancy.
E.
Reporting requirements. It shall be the responsibility
of owners, lessees and occupants of business and/or commercial properties
to report on an annual basis. The annual report of the respective
commercial property shall be written on letterhead or some type of
correspondence clearly designating the entity providing the information
and will set forth the following:
F.
Exemption. Exemption from the Mandatory Municipal
Recycling Program may be requested by any owner, lessee or occupants
of business and/or commercial properties of the Recycling Coordinator.
A request for exemption must be made in writing and submitted to the
Recycling Coordinator.
G.
Private scavenger contracts. If the commercial user
is either unable or unwilling to secure a market and collector for
designated mandatory recyclable materials, the Borough of East Rutherford,
through its Recycling Coordinator, may secure such markets and enter
into contracts on behalf of the commercial user for the collection
and disposal of designated recyclable materials; provided, however,
that the commercial user shall be responsible for any and all expenses
associated with said contract.
A.
Effective September 18, 1990, it shall be mandatory
for all private, public and governmental institutions, schools (private
and public) and buildings to separate all paper products to be utilized
by such institutions for private collection and the ultimate recycling
of materials.
(1)
Paper products (mandatory) shall be separated and
disposed of by a private scavenger.
B.
Institutional collections. Institutional collections
in this section shall be disposed of in a manner designated by the
Borough of East Rutherford Recycling Coordinator.
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.
A.
The Recycling Coordinator shall notify all persons
owning, leasing or occupying property within the Borough of East Rutherford
of the borough's recycling opportunities and the source separation
requirements of this article. This notice shall be done by public
notice to all postal patrons within the borough and by posting a notice
in public places where public notices are customarily posted by the
borough.
B.
Every three months, March, June, September and December,
after the initial notification, the Recycling Coordinator shall notify
all persons owning, leasing or occupying residential, commercial and
institutional premises within the Borough of East Rutherford of local
recycling opportunities and the source separation requirements of
this article. Said notification shall be done by mail notification
to all postal patrons within the borough and by posting a notice in
public places where public notices are customarily posted by the borough.
A.
This article shall be referred to the Planning Board of the Borough of East Rutherford for a revision of the Master Plan in accordance with N.J.S.A. 13:1E-99.16c, specifically with regard to the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet of land. The Planning Board shall also make recommendations to the Mayor and Council for amendments to Chapter 327, Land Subdivision and Site Plan Review, and Chapter 389, Zoning, of the Land Use Code of the Borough of East Rutherford, in accordance with this section.
B.
The governing body shall adopt the required revisions
to the Master Plan no later than 30 days from the effective date of
this article.
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.
