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Borough of Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 3-10-1992 by Ord. No. 923-92]
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ALUMINUM CANS
Includes all containers normally used in the consumption of alcoholic and nonalcoholic beverages both in the home and in retail establishments dispensing the same for on- or off-premises consumption, the same being made entirely of aluminum.
AUTHORIZED COLLECTOR
The corporation, firm or individual who has been awarded the current Collection Contract by the Borough of Caldwell.
BIMETAL CANS
Aluminum and tin or tin-plated steel food and beverage containers, including those for fruits, vegetables, juices and pet food. To be rinsed and labels removed.
[Amended 10-8-1996 by Ord. No. 1026-96]
BROWN PAPER
A strong, brown-colored paper, known as "Kraft," processed from wood pulp and used for bags and as wrapping paper.
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, carpeting, mattresses, bed springs, tires and large vehicle parts.
COMMERCIAL SOURCE
Wholesale, retail, service or manufacturing establishments, including but not limited to restaurants, markets, offices, retail and wholesale outlets, industrial establishments and theaters.
CORRUGATED CARDBOARD
All corrugated cardboard of the type commonly used for boxes, shipping containers and packing material having exterior cardboard plies separated by air spaces created by one or more fabricated cardboard plies. For recycling purposes, brown paper (Kraft) is included.
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.
GLASS
All containers and objects commonly used in residential and nonresidential premises, such as bottles, jars, jugs and all other vessels made entirely and exclusively of glass designated with the recycling symbol. Plate glass, mirrors, windows (storm and standard household) and light bulbs are excluded.
[Amended 12-19-2023 by Ord. No. 1451-23]
GRASS CLIPPINGS
All grass cuttings which have been collected and removed from turf areas.
HAZARDOUS/CONTAMINATED 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. Included are such things as batteries, asbestos, insecticides, paints, paint thinners, acids, cleaning compounds, antifreeze, used motor oil and any other item subject to special consideration in its disposal by federal or state law or regulation.
INSTITUTIONAL SOURCES
Churches, synagogues, colleges, schools, municipal or municipally supported bodies, not-for-profit organizations and the like.
LEAVES
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, tends to create blight and a danger to public health, safety and welfare.
MAGAZINES
Periodical publications, usually bound, with paper covers.
MIXED PAPER
A combination of paper products defined by the recycling contractor for this category. Typically, it means magazines, catalogs, brochures, advertising flyers and most mail, phone books, brown grocery bags and paperback books.
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 matter of public interest. Expressly excluded, however, are all magazine or other periodicals as well as all other paper products of any nature whatsoever, unless delivered or purchased as newspaper inserts which are acceptable to the recycling contractor.
OFFICE PAPER
White typing, print-shop, copier or computer printout paper and white envelopes without windows. Excluded are colored paper and envelopes with windows.
PHONE BOOKS
Telephone directories with paper covers, a glued binding and newsprint-quality paper.
PLASTICS
Soda bottles, milk jugs, water bottles, laundry detergent containers, and shampoo and soap bottles.
[Amended 12-19-2023 by Ord. No. 1451-23]
PUBLIC PLACE
Includes all streets, sidewalks, boulevards, alleys or other public right-of-way and all public parks, squares, spaces, grounds and buildings.
RECYCLABLE MATERIAL
Any material designated by the Borough to be a mandatory recyclable.
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.
RECYCLING BUSINESS AND INDUSTRY
A business which collects, processes, sells, purchases or converts recyclable materials.
RECYCLING COORDINATOR
The Certified Municipal Recycling Professional designated by the Borough shall serve as the Recycling Coordinator and shall cause the provisions of this article and the rules and regulations promulgated hereunder to be enforced through the Code Enforcement Office or Police Department, as appropriate.
[Amended 12-19-2023 by Ord. No. 1451-23]
REFUSE
All putrescible and nonputrescible waste, including garbage, rubbish, ashes, street cleanings, dead animals, industrial waste and hazardous refuse.
RESIDENTIAL SOURCE
Homes, condominiums, townhouses, apartments, senior citizen homes, trailer parks and other dwelling units not defined as commercial or institutional sources.
SOLID WASTE
All ashes, garbage, refuse, garden and household refuse, debris and other discarded materials from residential, institutional or commercial sources, including Christmas trees and 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.
SUFFICIENT SUITABLE RECEPTACLE
Animal-proof 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 Borough's or private solid waste collection schedules.
SUITABLE RECEPTACLE FOR COLLECTION
A receptacle made of metal or plastic, with a capacity of no more than 40 gallons, with handles, solidly constructed, so as to prevent spillage or leakage of contents, and weighing not more than 40 pounds when filled and placed for collection; plastic bags, paper bags and cardboard boxes are not suitable receptacles.
[Amended 10-8-1996 by Ord. No. 1026-96; 12-19-2023 by Ord. No. 1451-23]
TIRES
Rubber tires from autos, motorcycles, bicycles and light-duty trucks, all off rims.
USED MOTOR OIL
Any waste crank case oil from periodic maintenance of internal combustion engines.
WHITE GOODS or WHITE METALS
Appliances such as refrigerators, air conditioners, stoves, washers, dryers, steel or cast-iron plumbing fixtures, dishwashers and water heaters.
Except where a governmentally approved 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, institution or other premises where solid waste accumulates in the Borough shall provide, and maintain 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 6:00 p.m. preceding the day on which such receptacles 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, institutional or residential source with five or more dwelling units and seven hours following collection at any residential source with four or less dwelling units.
A. 
Residential sources.
(1) 
Residential sources shall be allowed to place solid waste at the curb for collection by the Borough's authorized collector, or the Borough, provided that all garbage and refuse is contained in suitable receptacles, as listed § 203-1. Recyclable material is to be separated from other solid waste and recycled in a manner and according to a schedule promulgated and published by the Borough. Loose wood and tree limbs are to be cut into four-foot lengths and tied in bundles not more than 75 pounds each.
[Amended 10-8-1996 by Ord. No. 1026-96]
(2) 
Debris such as hedge clippings, small bushes, flower stalks and similar material shall be placed in receptacles of sufficient strength to prevent breaking while handling and weighing not more than 75 pounds when filled. Dirt, earth, stones, broken concrete, other construction material resulting from new construction or remodeling by a contractor; leaves, brush and grass produced by a private gardener; and major automobile parts or items of an unreasonable nature will not be collected by the authorized collector or the Borough. The foregoing excluded items and hazardous refuse as defined in this article shall not be placed for collection but shall be disposed of at the expense of the owner or possessor thereof, in accordance with laws and regulations of the State of New Jersey.
B. 
Commercial and institutional sources. All commercial and institutional sources shall be allowed to place solid waste at the curb for collection by the Borough's authorized collector or the Borough, provided that all garbage and refuse is contained in no more than five suitable receptacles and recyclable material is separated from the other solid waste. Exception: plastic bags may not be used as the external receptacles for food waste. Bulky waste, dirt, earth, stones, broken concrete, other construction material resulting from new construction or remodeling by a contractor; leaves brush and grass produced by a private contractor; and major automobile parts or items of an unreasonable nature will not be collected by the authorized collector or the Borough. The foregoing excluded items and hazardous or contaminated refuse as defined in this article shall not be placed for collection but shall be disposed of at the expense of the owner or possessor thereof, in accordance with laws and regulations of the State of New Jersey.
[Amended 12-19-2023 by Ord. No. 1451-23]
The following are recyclable materials:
A. 
Residential sources. Leaves, grass clippings, newspapers, mixed office paper (all marketable grades), corrugated containers, glass, bimetal cans, plastic jugs and bottles, aluminum, mixed paper, phone books, corrugated cardboard, white goods and ferrous scrap, used motor oil, lead acid batteries (vehicle batteries), and tires.
B. 
Commercial sources. Leaves, grass clippings, newspapers, glass, bimetal cans, plastic jugs and bottles, aluminum, mixed paper, phone books, office paper (all marketable grades), corrugated cardboard, white goods and ferrous scrap, tires, food waste, including fryer grease, used motor oil, and lead acid batteries (vehicle batteries).
C. 
Institutional sources. Leaves, grass clippings, newspapers, glass, bimetal cans, plastic jugs and bottles, aluminum, mixed paper, phone books, office paper (all marketable grades), corrugated cardboard, white goods and ferrous scrap, tires, food waste, including fryer grease, used motor oil, and lead acid batteries (vehicle batteries).
[Amended 4-25-1995 by Ord. No. 990-95; 10-14-2008 by Ord. No. 1188-08; 12-19-2023 by Ord. No. 1451-23]
All materials designated by the Borough as recyclable shall be separated at the source of generation and recycled according to the rules, regulations and schedules promulgated by the Borough. Under no circumstances is recyclable material to be intermingled with solid waste.
A. 
All persons who are owners, lessees and occupants of any residence, commercial establishment or institution must separate recyclables from all other solid waste produced by any such residences, commercial establishment or institution.
(1) 
All newspaper, mixed paper and commingled materials for recycling generated by residences, commercial establishments and institutions shall be collected from curbside, except as follows:
(a) 
Recyclables from multiple dwelling units, apartments and condominium complexes, shall be collected from a central depository for such materials to be designated by mutual agreement of the Borough of Caldwell's Contracted Curbside Recycling Service Company and the Complex Management, provided that the complex meets all of the following criteria:
[1] 
The complex contains more than 12 individual housing units.
[2] 
The complex has a central depository for recyclable materials readily accessible to the Borough of Caldwell's Contracted Curbside Recycling Service Company trucks.
(b) 
Newspaper and newspaper inserts, mixed paper, office paper, magazines, mail, paperback books, and phone books shall be stacked in recycling bins not to exceed 30 pounds in weight. The items shall be placed curbside for collection every other week in accordance with the schedule published by the Borough of Caldwell. It shall be permissible to place newspapers and other mixed papers in the same recycling bin.
(2) 
Commingled materials, including glass, aluminum, and bimetal food and beverage containers, plastic soda bottles and milk jugs, shall be rinsed and shall have caps, rings and fasteners removed. These materials shall be placed together at curbside in a sturdy, reusable recycling bin, weighing not more than 30 pounds, Paper and plastic bags are not acceptable containers. These containers shall be placed at curbside for collection every other week in accordance with the schedule published by the Borough of Caldwell.
(3) 
The recycler will be authorized to leave at the curbside any materials not prepared in conformance with this article.
(4) 
Corrugated cardboard.
(a) 
Commercial sources. Authorized commercial establishments shall prepare compacted corrugated cardboard, tied or otherwise secured in bundles not exceeding 30 pounds in weight. Such bundles shall be placed separately at the curb for collection at such time or such other place as may hereinafter be established by regulation.
(b) 
Residential sources. Residents wishing to dispose of corrugated cardboard shall prepare compacted corrugated cardboard, tied in bundles not exceeding 30 pounds in weight, or shall place the items in designated recycling bins for specified collection dates published by the Borough of Caldwell.
(5) 
White goods/metal items.
(a) 
Residents shall arrange for the removal of discarded white goods with the seller, deliverer or installer of new items. If arrangements cannot be made, residents will be required to purchase from Caldwell a sticker, at a cost of $10 per sticker, which must be affixed to each item prior to placing it at curbside for pickup. Items without stickers will not be collected. To obtain a sticker, residents may visit Borough Hall or mall in a recycling form and a check/money order to the Caldwell Municipal Building. Air conditioners and refrigerators will require three stickers per unit.
(b) 
Tires. Residents shall make arrangements with the seller or installer of new tires to take the used ones. Alternatively, disposal of tires with the Borough ten-dollar sticker for each pair of tires. To obtain a disposal sticker, residents are to follow the procedure outlined in Subsection A(5) preceding. Tires must be removed from the rims for collection.
(c) 
No white goods or tires are to be placed at curbside without recycling stickers affixed. Placement of such materials at curbside without stickers will constitute a violation of this article and will subject violators to fines and penalties.
B. 
Natural materials, such as leaves and grass, shall be placed at curbside for disposal as follows:
(1) 
Leaves shall be placed at curbside in biodegradable lawn and leaf bags or loose piles not to exceed five feet from the curb. Pickups will be made by areas according to a published schedule during the months of October, November and December.
(2) 
Grass clippings shall be placed at curbside in recyclable bags to be collected by the Borough of Caldwell's Designated Recycling Service Company. Plastic bags or rigid containers are unacceptable. Pickups will be mode on a weekly basis during the months of April to October.
(3) 
All other lawn and garden debris shall be disposed of in the manner set forth in § 203-4.
C. 
From the time of placement at the curb or in an approved central depository for multiple dwelling unit complexes by any resident, commercial establishment or institution of newspaper, mixed paper and commingled materials for collection by the Borough of Caldwell's Designated Recycling Service Company; or corrugated cardboard, leaves or grass clippings for collection by the Borough of Caldwell in accordance with the terms hereof, such materials shall become the property of the Borough of Caldwell or its authorized agent. It shall be a violation of this article for any person unauthorized by the Borough of Caldwell to collect, pick up or cause to be collected or picked up any of the aforementioned materials. Each such collection in violation hereof from one or more residents or commercial establishments shall constitute a separate and distinct offense punishable as hereinafter provided.
No person other than those authorized by the Borough 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.
No person shall prevent or interfere with any Borough 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 Borough 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.
A. 
All vehicles used in transporting solid waste through Borough 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.
B. 
No such vehicle shall be in a filthy or offensive condition.
A. 
All vehicles used in transporting recyclable materials through Borough 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.
B. 
No such vehicle shall be in a filthy or offensive condition.
When not in use, all vehicles referred to in §§ 203-10 and 203-11 of this article, and all implements used in connection therewith, shall be stored and kept in a place where there is not danger to the health, safety or welfare of any person within the Borough.
No person collecting solid waste shall keep, suffer or permit to remain overnight in the Borough any solid waste collected within or outside of the Borough.
A. 
No recyclable materials or solid waste shall be brought into, gathered, collected, accumulated, stored, exposed, carried or transported in any manner through any street or public place or into any structure in the Borough except by persons registered with the Borough or by persons transporting personal recyclables or solid waste.
B. 
Such registration shall be revocable by the Borough for violation of this article at any time, after notice and hearing.
C. 
No registration shall be necessary under this section for the reasonable temporary storage of their own material by private individuals, corporations or institutions.
D. 
Any person or business engaged in collecting, transporting, storing and/or processing of any recyclable materials or solid waste in the Borough shall submit periodic reports on forms prescribed by the Borough Administrator, Financial Officer or Borough Clerk.
[Amended 12-19-2023 by Ord. No. 1451-23]
Any person, firm, corporation or entity found guilty of violating any section of this article shall, upon conviction thereof, be fined $50 upon their first violation, $100 upon their second violation and up to $250 for each subsequent violation. Each day that such violation shall continue shall be considered a separate violation.