[HISTORY: Adopted by the Mayor and Council
of the Borough of Fanwood 10-14-1987 by Ord. No. 87-18R. Amendments noted where
applicable.]
[Amended 12-9-1992 by Ord. No. 92-19R; 12-28-1999 by Ord. No.
99-25R]
There is hereby established a program for the
mandatory separation of the following recyclable materials by residences
of the Borough of Fanwood for recycling purposes. Such collections
shall be under the supervision of the Director of Public Works.
A.
Uncontaminated newspapers.
B.
Uncontaminated, clean and unbroken glass containers.
C.
Clean aluminum cans.
D.
Uncontaminated corrugated cardboard.
E.
Clean ferrous (steel) cans.
F.
Uncontaminated, clean polyethylene teraphthalate (PET)
bottles and high-density polyethylene (HDPE) bottles.
G.
Uncontaminated mixed paper.
H.
Used motor oil.
I.
Uncontaminated roofing material.
J.
Solid cardboard boxes, including cereal and cracker
boxes (without liners); shoe and department store boxes and similar
types.
K.
Bound books.
L.
Plastic bottles and jars without caps.
M.
Clothing, blankets, and other textiles, including
shoes and boots.
N.
Light steel
or white goods.
[Added 12-14-2010 by Ord. No. 10-17R]
O.
Vehicle
batteries.
[Added 12-14-2010 by Ord. No. 10-17R]
P.
Brush and
leaves (picked up curbside only).
[Added 12-14-2010 by Ord. No. 10-17R]
Q.
Computers
and electronics.
[Added 12-14-2010 by Ord. No. 10-17R]
R.
Tires.
[Added 12-14-2010 by Ord. No. 10-17R]
S.
Wood.
[Added 12-14-2010 by Ord. No. 10-17R]
[Amended 5-11-1988 by Ord. No. 88-07R; 12-9-1992 by Ord. No.
92-19R]
There is hereby established a program for mandatory
separation of the following recyclable materials from nonresidential
solid waste by the occupants of nonresidential premises, including
but not limited to offices, commercial businesses, industries or institutions
and the Borough of Fanwood and the separate disposal of same.
A.
Uncontaminated, clean corrugated paper products.
B.
Uncontaminated office paper, including but not limited
to computer printout and white ledger.
C.
Uncontaminated newspapers.
D.
Uncontaminated mixed paper.
E.
Clean glass containers, aluminum and steel cans (in
food service establishments, including but not limited to restaurants
and taverns).
F.
Uncontaminated, clean polyethylene teraphthalate (PET)
bottles and high-density polyethylene (HDPE) bottles.
G.
Vehicle batteries.
H.
Used motor oil.
I.
Uncontaminated food waste in all institutional commercial
and industrial facilities serving 500 or more meals per day and major
food processors.
J.
Uncontaminated roofing material.
K.
Computers
and electronics.
[Added 12-14-2010 by Ord. No. 10-17R]
L.
Fluorescent
bulbs.
[Added 12-14-2010 by Ord. No. 10-17R]
M.
Brush and
leaves.
[Added 12-14-2010 by Ord. No. 10-17R]
N.
Masonry
(asphalt, brick, block, concrete).
[Added 12-14-2010 by Ord. No. 10-17R]
O.
Tires.
[Added 12-14-2010 by Ord. No. 10-17R]
P.
Light steel
and white goods.
[Added 12-14-2010 by Ord. No. 10-17R]
Q.
Wood.
[Added 12-14-2010 by Ord. No. 10-17R]
As used in this chapter, the following terms
shall have the meanings indicated:
The Recycling Coordinator shall determine what constitutes
"clean and uncontaminated" pursuant to this chapter.
The Recycling Coordinator shall determine what constitutes
"food waste" pursuant to this chapter and shall include grease and/or
cooking oil created in the processing of food or food products.
[Amended 12-14-2010 by Ord. No. 10-17R]
Includes magazines, direct mails, glossy catalogs, coupon
inserts, envelopes, color new inserts, sweepstake forms, phone books
(white pages only), undelivered postal mail, colored notebook paper,
school construction paper, real estate listings, color letterhead
paper, color office paper, computer paper, photocopy and FAX paper
and mimeograph paper.
Includes 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.)
[Added 12-14-2010 by Ord. No. 10-17R]
Includes retail, wholesale, restaurants, taverns, schools,
institutions (including government), warehouses, construction sites,
factories, offices, etc., but specifically excludes fairs, parks,
concerts and other outdoor events.
[Added 12-14-2010 by Ord. No. 10-17R]
Includes asphalt roof shingles, tar paper, fiberglass insulation
associated with a roof system and all other asphaltic materials generated
in roof construction, roof removal or roof reconstruction.
[Amended 12-9-1992 by Ord. No. 92-19R; 12-28-1999 by Ord. No.
99-25R; 12-14-2010 by Ord. No. 10-17R]
There is hereby established a program for the separate collection
and disposition of certain of the above-designated recyclable materials
from the residences, including multifamily dwellings, of the Borough.
Such collections shall be made under the supervision of the Recycling
Coordinator of the Borough.
A.
Depot. For purposes of this section, "collection" by the Borough
shall constitute the delivery of the following materials to the Fanwood
Recycling Center by residents or their agents:
B.
Bulk. For purposes of this section, "bulk collection" by the Borough
shall constitute the annual collection of certain recyclable items
by the Borough that are not otherwise accepted at the Depot, as designated
by the Fanwood Recycling Coordinator on an annual basis, as specified
on the Annual Residential Bulk Waste Cleanup Program Registration
Application. Collection is by registration or approval of the Fanwood
Recycling Coordinator and/or Public Works Director and is limited
to the weight specified on said registration unless otherwise approved
by Borough officials.
C.
Vegetative. For purposes of this section, "vegetative collection"
by the Borough shall constitute the collection by the Borough of unbagged
leaves (Spring and Fall) brush, grass and Christmas trees in accordance
with the annual collection schedule published by the Borough's
Department of Public Works (DPW).
E.
Multifamily dwelling collection program established.
(1)
For multifamily units, the management or owner may require residents/tenants to participate in the Borough's residential collection program pursuant to § 235-4 or else is responsible for the following:
(a)
The property owner/management is responsible for ensuring that
a recycling system is established and that it is operated in compliance
with the requirements of this chapter. The property owner/management
is responsible for setting up and maintaining the recycling system.
The property owner/management is responsible for receiving and responding
to warnings, notices of violation, and penalty assessments and for
correcting violations. The property owner/management shall correct
violations promptly and make necessary direct contacts with residents/tenants.
(b)
Drop-off centers (bulk centers), if in use, must be established
and maintained so that they are conveniently accessible to residents/tenants.
Curbside collection may be made available in place of, or in conjunction
with, these drop-off centers. The recycling system must provide for
all designated recyclables in the residential waste stream. The recycling
system may utilize separate containers for each recyclable material
or it may provide for two or more materials to be placed in one container,
provided the recycling hauler can take the materials commingled. Containers
must be clearly marked and the area neatly maintained. Container capacity
must be adequate to hold the amount of materials generated between
pickups. It must be clear to an inspector that the system is being
serviced.
(c)
It must be clear that the system is being used properly by employees
and residents/tenants. There must not be garbage in the recycling
containers or recyclables in the garbage containers. The property
owner/management is responsible for resolving problems which may arise
from the improper use of containers and for training employees and
residents/tenants to properly understand and use the recycling system.
(d)
Notification and collection rules shall be issued by the management
to new residents/tenants when they arrive and to all residents/tenants
every three months. Copies of these notices, or other proof of distribution
of the notices, must be sent to the Borough's Recycling Coordinator
at the time of each mailing or distribution.
(e)
The property owner/management is responsible for arranging to
have recyclables picked up and for resolving any problems with the
transporter of recyclables.
(f)
The property owner/management must arrange to obtain documentation
in order to report the tonnages of materials recycled or else he/she
must arrange to have the collector provide that documentation directly
to the Borough. Arrangements with recycling companies or with haulers
handling recyclables should include provisions for obtaining this
information. Documentation must be maintained by the owner/management.
When the multifamily dwelling uses the Borough's residential
collection system, reporting and proof are not needed.
F.
Any application to the Planning Board of the Borough for subdivision
or site plan approval for the construction of multifamily dwellings
of three 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.
G.
Prior to the issuance of a certificate of occupancy by the Borough,
the owner of any new multifamily housing or commercial, institutional,
or industrial development shall 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 Borough does not otherwise provide this service.
H.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Borough Engineer.
[Amended 12-9-1992 by Ord. No. 92-19R; 12-14-2010 by Ord. No.
10-17R]
A.
It shall
be the legal responsibility of the occupant of nonresidential premises
to arrange for the recycling of the above-designated recyclables or
to deliver same to a collection location as may be established by
the Borough.
B.
If patrons,
customers or employees are involved in the waste disposal process
(i.e., fast-food stores or company cafeteria), the recycling system
must allow for such participation and include notice to customers
as to their responsibilities.
C.
All schools
must provide written notice at the beginning of each school year to
all students, teachers, and other staff on the recycling requirements.
The notice must contain a contact number to call if they observe any
problems associated with recycling or if recycling is not properly
occurring.
D.
Compliance
requirements for fairs, parks, concerts, streets, and other outdoor
events.
(1)
The
organizer/owner/contractor of the location of any fair, park, concert
and other outdoor event ("outdoor event") must provide a recycling
system that is operated in compliance with the requirements of this
chapter.
(2)
The
recycling system must provide for any mandated recyclables generated
at the outdoor event. It must be clear to an inspector that the system
is being serviced: i.e., containers must be clearly marked and the
area neatly maintained; there must not be garbage in the recyclables
or recyclables in the garbage; container capacity must be adequate
to hold materials between pickups. There must be sufficient recycling
containers for any mandated recyclables generated at the event.
(3)
The
organizer/owner/contractor of the outdoor event shall be responsible
for arranging for recyclables to be removed from the premises and
for ensuring that they are taken to an approved recyclables market.
The owner/operator/contractor may make arrangements to deliver the
recyclables to the Borough’s collection system (dropoff center,
which shall be at the sole discretion of the Scotch Plains-Fanwood
Recycling Corporation. Otherwise, the owner/operator/contractor is
responsible for arranging to have recyclables collected and transported
and for resolving any problems with the transporter of the recyclables.
(4)
The
recycling system must be made accessible and available to all patrons,
customers, and employees. Notice/signs must be provided to ensure
all are aware of their responsibilities.
(5)
The
owner/operator/contractor of the outdoor event shall be responsible
for obtaining pertinent documentation in order to report the tonnages
of materials recycled at least two times per year (June 30 and December
31) directly to the Borough.
[Amended 12-9-1992 by Ord. No. 92-19R; 12-28-1999 by Ord. No.
99-25R; 12-14-2010 by Ord. No. 10-17R]
The Department of Public Works (DPW) Director
shall serve as the Recycling Coordinator and shall hold authority
over and be responsible for the supervision of the recycling program
in the Borough. Said Coordinator is hereby authorized and directed
to establish and promulgate regulations as to the manner of collection
of recyclable materials, the dates and times of such collection, the
nature of any bundling, handling, location and placement of materials
for collection. The Coordinator shall be responsible for the supervision
of the Fanwood Recycling Center. The Fanwood Recycling Center shall
be open at least every Saturday morning to receive recyclables except
in the event of inclement weather or other emergency, in which case
no recycles may be deposited.
[Amended 5-11-1986 by Ord. No. 88-07R; 12-28-1999 by Ord. No. 99-25R]
If a resolution is adopted by the Mayor and
Council and if rules and regulations are promulgated by the Recycling
Coordinator, all directed toward providing for the placement at the
curb of recyclable materials for collection by the Borough or its
authorized agent, pursuant to any program established hereby and any
resolution and rules and regulations issued hereunder, such recyclable
materials shall become and shall be the property of the Borough, and
it shall be a violation of this chapter for any person other than
authorized personnel of the Borough or the contributing resident to
collect, pick up or cause to be collected or picked up such materials.
Each such collection in violation hereof from one or more residences
during said period shall constitute a separate and distinct offense.
[Amended 5-11-1988 by Ord. No. 88-07R; 12-28-1999 by Ord. No.
99-25R]
A.
Every resident and business within the Borough shall
be required to separate the materials described in this chapter (recyclable
materials) from other solid waste material and transport or arrange
for the transportation of said recyclable materials to the Fanwood
Recycling Center or place such recyclable materials at the curb, provided
that the Mayor and Council has authorized such placement by resolution,
and appropriate rules and regulations have been promulgated by the
Coordinator.
B.
Any resident or business may donate or sell the recyclable
materials described in this chapter to any person, partnership or
corporation, whether operating for profit or not for profit. Such
person, partnership or corporation may not, however, under any circumstances
pick up such recyclable materials at the curb, even in the event that
they are permitted to be placed at the curb in accordance with this
chapter.
[Amended 12-9-1992 by Ord. No. 92-19R; 12-28-1999 by Ord. No.
99-25R]
A.
All government, commercial, institutional and industrial
facilities shall provide the Borough with documentation for all mandated
materials plus any material recycled which have not been mandated.
Such documentation shall include information of the following:
B.
Reporting schedule.
(1)
Nonresidential waste generators shall report in accordance
with the following schedule:
|
Reporting Period
|
Date
| |
|---|---|---|
|
January 1 to March 31
|
April 30
| |
|
April 1 to June 30
|
July 31
| |
|
July 1 to September 30
|
October 31
| |
|
October 1 to December 31
|
January 31
|
(2)
Solid waste hauling companies, recyclables collection
companies and demolition companies operating within the Borough and
commercial recycling facilities, including metal and automobile scrap
yards located within the Borough, shall submit documentation of recycling
activity performed on behalf of residents, businesses, institutions
and governments in the Borough in accordance with the above schedule.
[Added 5-11-1988 by Ord. No. 88-07R]
Any recyclable materials as described herein
must be presented at the Recycling Center in clean and uncontaminated
condition so that they are usable for recycling. Such recyclable material
shall become the property of the Borough of Fanwood upon its deposit
at the Recycling Center.
[Added 5-11-1988 by Ord. No. 88-07R]
A.
Any resident who, by reason of legitimate hardship,
cannot transport his or her recyclables to the Recycling Center or
transfer that responsibility to an intermediary may communicate with
the Borough of Fanwood to arrange for pickup by a participating voluntary
organization.
B.
While awaiting transportation to the Recycling Center
or transfer to an intermediary, recyclables are to be stored indoors
in a clean and uncontaminated condition.
C.
It shall
be unlawful for solid waste collectors to:
[Added 12-14-2010 by Ord.
No. 10-17R[1]]
(1)
Collect
solid waste that is mixed with, or contains visible signs of, designated
recyclable materials; and/or
(2)
Remove
for disposal those bags or containers of solid waste which visibly
display a warning notice sticker or some other device indicating that
the load of solid waste contains designated recyclable materials.
D.
It shall
be the responsibility of the resident or occupant to properly segregate
the uncollected solid waste for proper disposal or recycling. Allowing
such unseparated solid waste and recyclables to accumulate will be
considered a violation of this chapter and the local sanitary code.
[Added 12-14-2010 by Ord.
No. 10-17R]
[Added 5-11-1988 by Ord. No. 88-07R;
amended 12-14-2010 by Ord. No.
10-17R]
Garbage scavengers are prohibited from knowingly
removing solid waste containing any recyclables as described herein
from any residence or business within the Borough of Fanwood. Once
placed in the location identified by this chapter, or any rules or
regulations promulgated pursuant to this chapter, no person, other
than those authorized by the Borough, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
[Added 5-11-1988 by Ord. No. 88-07R;
amended 12-28-1998 by Ord. No. 98-18R; 12-28-1999 by Ord. No. 99-25R; 11-9-2005 by Ord. No. 05-24R]
A.
There is hereby established a program for the separate
collection of yard waste from residents of the Borough of Fanwood
and disposal for recycling purposes and to protect the public health,
safety and welfare. Such collections shall be under the supervision
of the Director of Public Works.
B.
CONTAINERIZED
PERSON
STREET
YARD WASTE
The following definitions shall be applicable to the
provisions of this section:
Placement of yard waste in a trash can, bucket, bag or other
vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of New Jersey subject to Fanwood
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing New Jersey, Union County, or Fanwood
roadway, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Leaves and grass clippings.
C.
Leaves shall be collected from October to December,
the specific dates of which are to be determined by the Director of
Public Works and posted in the annual public works schedule.
[Amended 12-14-2010 by Ord. No. 10-17R]
D.
Leaves shall be kept separate from and are not to
be mixed with trash, household solid waste and any other recyclables.
E.
Leaves may be placed by the residents or their agents in windrows in the street along the curb or shoulder of the street directly in front or on the side of their residence and not in front or on the side of any other resident's property, subject to the provisions of Subsection F of this section. Plastic bags, tree branches and other debris shall not be mixed with the leaves.
F.
Sweeping, raking, blowing or otherwise placing yard
waste that is not containerized at the curb or along the street is
only allowed during the seven days prior to the scheduled and announced
collection by the Borough, and shall not be placed closer than 10
feet from any storm drain inlet. Placement of yard waste at the curb
or along the street at any other time or in any other manner shall
constitute a violation of this section. If such placement of yard
waste occurs, the party responsible for placement of the yard waste
shall be required to remove the yard waste from the street or said
party shall be deemed in violation of this section.
[Amended 12-14-2010 by Ord. No. 10-17R]
G.
Leaves shall be collected from the curbside by the
Borough of Fanwood or its authorized agents.
H.
Leaves may be composted by a resident on his/her own
property so long as such composting does not create an unsightly condition,
a health hazard, a nuisance and/or does not cause unpleasant odors
to emanate therefrom.
[Amended 5-11-1988 by Ord. No. 88-07R; 12-9-1992 by Ord. No.
92-19R]
A.
Construction,
demolition and road opening permits shall include information on the
types of materials which will be generated, which will require recycling
or disposal. Documentation of recycling or disposal shall be submitted
to the permitting agency prior to approval of final inspection. Documentation
shall be submitted by the permitting office to the Municipal Recycling
Coordinator in accordance with the above schedule.
B.
Construction/demolition
sites may opt to collect all recyclables in one container, provided
there are no other materials (including garbage) in that container.
To qualify for this provision, recyclables must go to a transfer station/MRF
that is properly permitted by the New Jersey Department of Environmental
Protection and has certified that they have the ability to separate
out and maximize the capture rate of the mandated materials. The specific
materials that may be commingled together will be determined by the
provisions in the receiving transfer station/MRF's permit.
[Added 12-14-2010 by Ord.
No. 10-17R]
[Added 12-9-1992 by Ord. No. 92-19R]
A.
Enforcement.
(1)
The Recycling Coordinator, Police Department and Health
Department of the Borough of Fanwood, the Union County Regional Environmental
Health Commission or designees and the Union County Utilities Authority
are authorized to enforce this chapter.
(2)
The Recycling Coordinator is hereby authorized to
develop and implement a program whereby all nonresidential premises
are visited and inspected for compliance with this chapter on a yearly
or more frequent basis.
B.
Violations and penalties. Any resident who violates
or neglects to comply with any provisions of this chapter shall, upon
conviction, be liable to a fine of $100 for the first conviction;
$250 for the second conviction; and $500 for the third conviction,
all within a two-year period. All firms, companies and/or corporations,
as well as all persons who have been previously convicted three times
during the same two-year period, that violate or neglect to comply
with any provisions of this chapter pursuant thereto shall, upon conviction
thereof, be punishable by a fine not to exceed $2,000 or by a period
of community service not exceeding 90 days, or a combination of both.
[Amended 12-28-1999 by Ord. No. 99-25R; 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R; 12-14-2010 by Ord. No. 10-17R]
[Added 12-9-1992 by Ord. No. 92-19R;
amended 12-28-1999 by Ord. No. 99-25R; 12-14-2010 by Ord. No. 10-17R]
Pursuant to N.J.S.A. 13:1E-99.16d, the governing
body of the Borough may exempt persons occupying commercial or institutional
premises within the Borough’s boundaries from the source-separation
requirements of this chapter, which require persons generating Borough
solid waste within its boundaries to source separate from the Borough’s
solid waste stream the specified recyclable materials, but only if
those persons have otherwise provided for the recycling of all designated
recyclable materials. To be eligible for an exemption pursuant to
this chapter, a commercial or institutional generator of solid waste
shall file an application for exemption with the Borough Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled, and that, at least on twice each year
on or before June 30 and December 31, said recycling service provider
or commercial/institutional generator shall provide written documentation
to the Borough Recycling Coordinator of the total number of tons collected
and recycled for each designated material.
