[Adopted 12-3-1984 by Ord. No. 52-1984; amended in its entirety 7-18-2011 by Ord. No. 22-2011]
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
AUTHORIZED COLLECTOR The corporation, firm or individual who has been awarded the current scavenger contract by the City of East Orange.
BULKY WASTE Large items of solid waste which, because of their size or weight, cannot be contained in suitable receptacles. These items include but are not limited to appliances, furniture, plumbing fixtures, lumber, scrap wood and branches. The City's Director of Public Works and or his designee shall determine whether an item is bulky waste in accordance with the guidelines set forth herein.
[Amended 2-24-2020 by Ord. No. 7-2020]
CATCH BASIN A reservoir for collecting surface drainage or runoff.
CITY The City of East Orange, New Jersey.
COMMERCIAL SOURCE A wholesale, retail or service establishment, including but not limited to restaurants, markets, offices, retail and wholesale outlets and theaters, excluding industrial establishments.
DEBRIS Items including but not limited to lawn and garden material, hedge clippings, leaves, small bushes, Christmas trees, wallboard and plaster.
GARBAGE Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and/or consumption of food.
GENERATOR Any individual, public or private corporation or firm owning, operating or in charge of any residential, nonresidential, commercial, industrial or institutional source who produces or has charge of producing solid waste or recyclable material.
HAZARDOUS REFUSE Any waste which poses a present or potential threat to human health, living organisms or the environment. It shall include waste material that is toxic, corrosive, irritating, radioactive, biologically infectious, explosive or flammable.
INSTITUTIONAL SOURCE Any property which is not a residential, commercial or industrial source, which includes but is not limited to public or private schools, hospitals and medical care facilities.
LEAVES The foliage material naturally formed from trees and bushes that are suitable for composting and mulching.
LITTER Garbage, refuse, rubbish and all other waste material which, if thrown or deposited as prohibited in this article, tend to create blight and a danger to public health, safety and welfare.
MUNICIPAL RECYCLING COORDINATOR The person appointed by the Mayor who shall be authorized to enforce the provisions of this article and the rules and regulations promulgated hereunder.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the City of East Orange or other public body and is designed and used for collecting and conveying stormwater.
PERSON Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
PUBLIC PLACE Includes all streets, sidewalks, boulevards, alleys or other public rights-of-way and all public parks, squares, spaces, grounds and buildings.
RECYCLING A process by which materials which would otherwise be disposed of as solid waste are separated, collected, processed and converted into economically valuable raw materials or products.
REFUSE All putrescible and nonputrescible waste, including garbage, rubbish, ashes, street cleanings, dead animals, industrial waste and hazardous refuse.
REFUSE CONTAINER Any waste container that a person controls, whether owned, leased or operated, including dumpsters, trash cans, garbage pails and plastic trash bags.
RESIDENTIAL SOURCE A household and other dwelling unit not defined as a "commercial source."
SOLID WASTE Garbage, refuse, debris and other discarded materials from residential or commercial sources, excluding recyclable material.
SOLID WASTE COLLECTION The collection and transportation of solid waste from its source or location to a disposal site, a resource recovery facility or a recycling facility.
SOURCE SEPARATION The detaching, sorting and setting apart from residential, nonresidential, commercial, industrial or institutional solid waste, by the generator at the point of generation, of all designated recyclable materials, for the purpose of recycling.
STORMWATER 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.
SUFFICIENT RECEPTACLE Receptacles provided with covers constructed to prevent spillage or leakage of contents in a number sufficient to contain the solid waste accumulated, pending collection in conformance with the City's solid waste collection schedule.
SUITABLE RECEPTACLE FOR COLLECTION OF MIXED RECYCLABLES A reusable receptacle made of metal or plastic, with a capacity of no more than 50 gallons for residential property of less than 50 units or no larger than 110 gallons for residential properties of more than 50 units, with handles and solidly constructed, or a container of a size and dimension approved by the Municipal Recycling Coordinator. Paper bags are not "suitable receptacles."
SUITABLE RECEPTACLE FOR SOLID WASTE COLLECTION A receptacle made of metal or plastic, with a capacity of no more than 35 gallons, with handles, solidly constructed so as to prevent spillage or leakage of contents and weighing not more than 100 pounds when placed for collection; or, in the alternative, plastic bags that shall be securely closed and not more than 18 inches in diameter and 26 inches high and not more than 35 gallons in capacity and with sufficient strength to maintain physical integrity when lifted. Paper bags and cardboard boxes are not "suitable receptacles."
USED CORRUGATED CARDBOARD All corrugated cardboard of the type commonly used for boxes, shipping containers and packing materials, having exterior cardboard piles separated by air spaces created by one or more fabricated cardboard piles.
WATERS OF THE STATE The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
YARD WASTE Grass, leaves, cutting of tree branches, shrubbery or other vegetation.
Except where an alternate method providing equivalent health and safety methods is utilized, such as incineration or compaction, the owner, agent, lessee, tenant or occupant of every dwelling, market, restaurant or other premises where solid waste accumulates in the City shall provide and maintain in a suitable place on the premises sufficient receptacles to contain the accumulated solid waste.
No receptacle or solid waste referred to in this article shall be placed for collection on the curb or sidewalk or the public right-of-way prior to 5:00 p.m. preceding the day on which such receptacle or solid waste is scheduled to be collected, nor shall receptacles be permitted to remain thereon longer than two hours following collection at any commercial source or residential source with four or more dwelling units and seven hours following collection at any residential source with four or fewer dwelling units. (See §
156-15 for violations and penalties hereof.)
The owner of each residential property shall supply sufficient containers, as described in §
156-1, for the temporary storage of recyclable material pending collection. The location of said containers shall be in an area that is easily accessible by residents and which shall not create a nuisance. (See §
156-15 for violations and penalties hereof.)
[Added 2-24-2020 by Ord. No. 7-2020]
No residential source shall dispose of more than three bulky items on any single bulky trash collection day. No commercial source shall dispose of more than six bulky items on any single bulk trash collection day. To the extent bulky items consist of lumber, scrap wood or branches, same must be cut to a length of four feet or less and placed into a bundle.
No person other than those authorized by the City shall tamper with, collect, remove, cut or untie any bundle of newspaper or any other recyclable material or solid waste placed at the curb for collection. (See §
156-15 for violations and penalties hereof.)
No person shall throw, drop, dump, tow or otherwise place any solid waste, abandoned automobile, automobile parts or any excavated material on private property without first obtaining the permission of the owner or person in possession of such property.
No person shall prevent or interfere with any City employee or agent in the discharge of his/her duties in inspecting for the proper placement of receptacles or recyclable material for collection or the sweeping or cleaning of any street or in the removal of sweepings, snow, ice or other refuse material or in the removal of solid waste or other recyclable materials.
No person engaged in the collection or transportation of solid waste or recyclable material shall cause or permit any such material to be dropped or scattered upon City streets. No person engaged in the collection or transportation of solid waste or recyclable material shall occupy any street for an unreasonable length of time in loading or unloading.
All vehicles used in transporting solid waste through City streets must be furnished by the owner with a sound and watertight body and shall be completely and securely covered as to prevent their contents from being scattered upon the streets. All such vehicles shall be equipped with a broom and shovel to remove any solid waste dropped during collection or transportation. No such vehicle shall be in a filthy or offensive condition.
All vehicles used in transporting recyclable materials through City streets must be furnished by the owner with a sound and watertight body and shall be securely covered when loaded so as to prevent the contents from being scattered upon the streets. All such vehicles shall be equipped with a broom and shovel to remove any recyclable material dropped during collection or transportation. No such vehicle shall be in a filthy or offensive condition.
When not in use, all vehicles referred to in §§
156-10 and
156-11 of this article, and all implements used in connection therewith, shall be stored and kept in a place where there is no danger to the health, safety or welfare of any person within the City.
No person collecting solid waste shall keep, suffer or permit to remain overnight in the City any solid waste collected within or outside of the City.
[Adopted 4-9-2012 by Ord. No. 10-2012]
As used in this article, the following terms shall have the meanings indicated:
COMMINGLED A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
COVERED PROJECT A construction, renovation or demolition project for which a building permit or a demolition permit is required, and for which a dumpster or roll-off container shall be placed on premises for the purpose of placement of solid waste materials.
DESIGNATED RECYCLABLE MATERIALS Those materials designated within the Essex County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
A. Residential. All homes, condominiums, townhouses, apartments, trailer parks, etc., including certain housing types considered institutional (i.e., senior citizen homes) are to recycle the following materials. There are no de minimis standards based upon amount or weight:
(2) Mixed paper (i.e., junk mail, office paper, all marketable grades).
(3) Old corrugated containers.
(4) Glass food and beverage containers.
(5) Aluminum beverage containers.
(9) Lead acid batteries (vehicle batteries).
B. Commercial. All places of business (wholesale, retail, service, food, transportation, etc.) are included in this sector.
(2) Glass food and beverage containers.
(3) Aluminum beverage containers.
(5) Old corrugated containers.
(6) Office paper (all marketable grades).
(9) Lead acid batteries (vehicle batteries).
C. Institutional. All government buildings, schools, colleges, hospitals, clinics, etc., are included in this sector.
(2) Glass food and beverage containers.
(3) Aluminum beverage containers.
(5) Old corrugated containers.
(6) Office paper (all marketable grades).
(9) Lead acid batteries (vehicle batteries).
ELECTRONIC WASTE A computer central processing unit and associated hardware including keyboards, modems, printers, scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones.
MULTIFAMILY DWELLING Any building or structure, or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a) and shall include hotels, motels or other guesthouses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this article, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM All solid waste generated at residential, commercial and institutional establishments within the boundaries of the City of East Orange.
RECYCLABLE MATERIAL Those materials which would otherwise become solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
SOURCE SEPARATION The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
The collection of recyclable material shall be in the manner prescribed as follows:
A. All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk or, in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above anytime after 5:00 p.m. of the day immediately preceding the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection.
[Amended 2-23-2015 by Ord. No. 7-2015]
B. All receptacles or dumpsters shall be kept clean and in a safe manner.
The owner of any property shall be responsible for compliance with this article. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or management in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
[Amended 8-12-2019 by Ord. No. 21-2019]
A. All commercial and institutional generators of solid waste shall be required to comply with the provisions of this article.
B. The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or its designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials for those materials commonly deposited in the location of the litter receptacle and shall provide for separate recycling service for their contents.
C. Every business, institution or industrial facility shall report on March 30 of each year to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at its premises, including the amount of recycled material, by material type, collected and recycled, and the vendor or vendors providing recycling service.
D. All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products and maintain such records as may be prescribed for inspection by any code enforcement officer.
E. Any owner, agent or lessee of a commercial establishment in the City must keep the outside of their premises free of garbage, refuse, rubbish and all other waste material, including those items which are defined in this article as litter, which tend to create blight and a danger to public health, safety and welfare.
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c:
A. Any application to the Planning Board of the municipality of the City of East Orange for subdivision or site plan approval for the construction of multifamily dwellings of 25 or more units, single-family developments of 50 or more units or any commercial, institutional or industrial development for the utilization of 1,000 square feet or more of land must include a recycling plan. This plan must contain, at a minimum, the following:
(1) A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
(2) Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
B. Prior to the issuance of a certificate of occupancy by the City of East Orange, the owner of any new multifamily housing or commercial, institutional or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials in those instances where the municipality does not otherwise provide this service.
C. Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Director of Public Works.
A debris recovery plan shall be filed with the Municipal Recycling Coordinator prior to the commencement of any activity for which municipal approval is further identified above. The debris recovery plan shall identify the types and estimated quantities of construction and demolition debris to be generated from the project, how each material will be managed, and the name of each facility or service provider that the entity will use to manage each material. The plan shall further detail how the applicant shall ensure that a minimum of 50% of the materials to be generated will be separated and recycled.
Documentation. Upon completion of the covered project, but before the final inspection, the owner of the entity carrying out a covered project shall submit in person or by certified mail to the Municipal Recycling Coordinator, the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
A. A completed debris recovery report, signed by the owner of the entity carrying out a covered project, indicating the quantity of each material generated during the covered project diverted or disposed;
B. Receipts from all facilities or service providers utilized to divert and dispose materials generated during the covered project; and
C. Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.
The Municipal Recycling Coordinator shall review the information submitted pursuant to this article and determine whether the owner of the entity carrying out the covered project has complied or failed to comply with the diversion requirement. The determination regarding compliance will be provided to the owner of the entity carrying out the covered project in writing.
An owner of the entity carrying out the covered project may appeal a determination of failure to comply under this article to the Municipal Court within 30 days of the decision or determination. The appeal shall be in writing and shall state the facts and basis for the appeal. A decision by the City's Municipal Court shall be final.
The Code Enforcement Official, the Department of Health, the Police Department, the Recycling Coordinator, the Property Maintenance Official, the Housing Officer, and the Essex County Department of Health are hereby individually and severally empowered to enforce the provisions of this article. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
Any person, corporation, occupant or entity that violates or fails to comply with any provision of this article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250 or more than $1,000. Fines levied and collected pursuant to the provisions of this article shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program, including community education programs.