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.
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 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.
[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.
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.
[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.