[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 10-14-1987 by Ord. No. 87-18R. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 190.
Garbage and refuse — See Ch. 320.
Sanitary regulations — See Ch. 354.
[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:
CLEAN AND UNCONTAMINATED
The Recycling Coordinator shall determine what constitutes "clean and uncontaminated" pursuant to this chapter.
FOOD WASTE
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]
MIXED PAPER
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.
MULTIFAMILY DWELLING
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]
NONRESIDENTIAL PREMISES
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]
ROOFING MATERIAL
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:
(1) 
Newspaper, mixed paper/books; corrugated cardboard.
(2) 
Glass bottles (brown, green, clear).
(3) 
Cans (aluminum, steel, tin).
(4) 
Plastic containers (No. 1. No. 2. No. 3).
(5) 
Car/vehicle batteries.
(6) 
Used motor oil.
(7) 
Steel items.
(8) 
Textiles.
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).
D. 
Nothing in this section shall prohibit the lawful recycling of these or other designated materials by residents by other means, including collection programs coordinated by the County of Union, private business, or other entities, that operate pursuant to §§ 235-8 through 235-11.
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:
(1) 
Type of material recycled.
(2) 
Location where materials were marketed or disposed of.
(3) 
Weight of material.
(4) 
Name of the transporter(s) used.
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.
[1]
Editor’s Note: This ordinance also amended the title of § 235-11 to include "prohibition on collection of solid waste."
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. 
The following definitions shall be applicable to the provisions of this section:
CONTAINERIZED
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.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of New Jersey subject to Fanwood jurisdiction.
STREET
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.
YARD WASTE
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.