[HISTORY: Adopted by the Mayor and Council
of the Borough of Rockaway as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 149.
[Adopted 6-9-1988 by Ord. No. 9-88; amended in its entirety 8-14-2008 by Ord. No. 21-08]
As used in this article, the following terms
shall have the meanings indicated:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Morris County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include:
Aluminum cans: cans made from aluminum that
was manufactured to hold a serving of a beverage. Specifically omitted
from this definition are aluminum foil and aluminum pie plates.
Glass bottles and jars: bottles and jars made
from glass, including clear, brown and green glass. A bottle is defined
as a receptacle having a narrow neck and a mouth that can be corked
or capped. A jar is defined as a wide-mouthed container that can be
capped. Caps and lids are not included. Specifically omitted from
this definition are drinking glasses, windows, mirrors, light bulbs,
and anything made of Pyrex® or ceramic.
Plastic bottles (coded 1 and 2): plastic bottles
coded to indicate that they are comprised of the specific types of
plastic compounds (polymers) known as polyethylene terephthalate (PETE)
or high-density polyethylene (HDPE). See symbols below. A bottle is
defined as a receptacle having a narrow neck and a mouth that can
be corked or capped. Caps and lids are not included. Any item made
of plastic that is not a bottle, and any plastic bottle without one
of the symbols shown below, is specifically omitted from this definition.
Empty bottles which contained hazardous materials, such as motor oil,
antifreeze, etc., should not be recycled.
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Steel (tin) cans: an air-tight container for
the distribution or storage of goods, composed of thin, usually ferrous,
metal. Examples are soup cans and tuna fish cans.
Newspaper: a publication containing news, information
and advertising, usually printed on low-cost paper called "newsprint."
Newspaper may include glossy inserts which come with the paper, dependent
upon the market conditions at the time.
Corrugated cardboard: shipping containers made
with kraft paper linerboard and corrugated medium.
Mixed paper: various categories of recyclable
paper, including, but not limited to, white and colored paper used
in printers, photocopiers and fax machines, white and colored ledger
paper, carbonless copy paper, construction paper, undeliverable mail,
mailed promotional letters/advertisements/circulars, magazines, catalogs,
envelopes, and soft-cover books.
Leaves: vegetative material, typically generated
in the autumn when leaves fall from trees and then are raked from
residents' and/or commercial lawns.
Grass clippings: vegetative material generated
when grass (lawns) is cut.
Brush: branches, woody plants and other similar
vegetative material. Leaves and grass do not constitute brush.
Natural wood waste: logs, stumps, branches and
other wood tree parts. Dimensional lumber is omitted from inclusion
in this definition.
Oil-contaminated soil: nonhazardous soil that
contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel,
#4 and #6 heating oils and certain other refinery products, including
coal tar). This type of soil shall be determined to be nonhazardous
in accordance with the standards set forth in N.J.A.C. 7:26.
Used motor oil: motor oil from motor vehicles,
lawn mowers, boats, etc., which has served its intended useful purpose.
Lead-acid batteries: storage batteries in which
the electrodes are grids of lead containing lead oxides that change
in composition during charging and discharging, and the electrolyte
is dilute sulfuric acid. These include starting batteries such as
car batteries that deliver a short burst of high power to start the
engine. In addition, they may include deep cell batteries found on
boats or campers used to power accessories like trolling motors, winches
or lights.
Hazardous dry-cell batteries: rechargeable batteries,
such as nickel-cadmium, nickel-iron, nickel metal hydride, lithium
ion, small sealed lead acid, etc. These are often used as substitutes
for nonrechargeable batteries in standard sizes such as AAA, AA, C,
D and 9V. Rechargeable batteries are commonly found in cordless tools,
cellular and cordless phones, laptop computers, cameras, remote controls,
toys, etc. Also included in this definition are nonrechargeable batteries
that are hazardous as defined by the Resource Conservation Recovery
Act (RCRA), regardless of the RCRA exclusion of household waste from
the definition of hazardous waste pursuant to 40 CFR 261.4(b). Nonrechargeable,
hazardous batteries include older alkaline and carbon zinc batteries
as well as silver oxide, mercury and magnesium button-type batteries,
etc. It should be noted that domestically manufactured alkaline and
carbon zinc nonrechargeable batteries made after circa 1994 eliminated
mercury content to the point that they should not be considered RCRA
hazardous and therefore are not included in this material category.
Metal appliances: appliances composed predominantly
of metal, and may include stoves, washing machines and dryers, for
example, if the appliance is predominantly metal. Also included are
air conditioners, refrigerators and dehumidifiers if they are predominantly
metal. If these appliances on the latter list contain refrigerants
that are prohibited by the Clean Air Act from being knowingly vented,
the refrigerant must be recovered accordingly.
Whole tires: tires that are whole, not chipped
into small pieces. (Note: Tires are allowed to be recycled and/or
incinerated for energy recovery.)
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.
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 guest houses
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. C.55: 13A-1 et seq.).
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
The person or persons appointed by the municipal governing
body to fulfill the requirements of the Morris County Solid Waste
Management Plan and the New Jersey Statewide Mandatory Source Separation
and Recycling Act and those rules and regulations promulgated therefor.
The person or persons named by the municipality who shall
fulfill the responsibilities with respect to recycling enforcement
coordination detailed in the March 2007 Morris County Solid Waste
Management Plan Amendment Section 8.6. This person may be the same
person designated as the Municipal Recycling Coordinator.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Borough
of Rockaway which is not bulky waste or construction and demolition
debris.
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.
Space allocated for collection and storage of source-separated
recyclable materials.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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.
A.
Mandatory source separation. Subject to Subsection B, it shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the Borough of Rockaway, to separate designated recyclable materials from all solid waste in the manner specified in § 203-5. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises. These materials shall be placed for pickup, collection or recycling in accordance with § 203-5.
B.
Exemptions for certain commercial or institutional premises. Pursuant to N.J.S.A. 13:1E-99.16(d), the Mayor and Council may exempt persons occupying commercial or institutional premises within the Borough of Rockaway from the source separation requirements of Subsection A if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this section, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal 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 an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.
As set forth in N.J.S.A. 13:1E-99.13.3.b.(4)(c),
the Borough of Rockaway accepts the goal of 50% recycling of municipal
solid waste by 2015 and shall monitor its level of recycling and solid
waste disposal and shall strive to achieve the recycling of 50% of
the municipal solid waste generated within its borders.
In order to achieve the recycling goals set forth in § 203-3, the Borough of Rockaway shall undertake, through direct mail (newsletters, flyers), by signs at the recycling center, by participation in county recycling seminars (mulching, etc.) and by word of mouth (appearances before school and special interest groups), to communicate these goals to the public. The Superintendent of Public Works or his authorized agents shall also continue in their regular inspection of garbage set out for disposal in order to determine whether recyclables are being properly separated.
All persons within the Borough of Rockaway who shall place for curbside pickup, collection or recycling the items listed in § 203-2 of this article shall do so in strict conformity with the following regulations:
A.
Newspapers shall be bundled separately and secured
in bundles of less than 30 pounds or 12 inches stacked height.
B.
Glass bottles and jars, aluminum cans, plastic bottles
(coded 1 and 2) and steel cans shall be rinsed and contained in suitable
occupant- or owner-supplied durable, reusable containers.
C.
Grass clippings should be cut and left on lawns. However,
grass clippings and other yard waste may be disposed of through backyard
composting or shall be collected and transported to a composting facility
approved by the Borough of Rockaway. If placed curbside, leaves, grass,
and brush must be loose in durable, reusable containers or placed
in paper lawn and leaf bags. Branches and limbs must be four inches
or less in diameter, four feet or less in length, and tied in manageable
bundles for curbside pickup.
D.
Office paper, junk mail, magazines, catalogs, and
chipboard shall be contained in suitable occupant- or owner-supplied
durable, reusable containers. Magazines, catalogs, or bundles of newspaper
should be placed on top of the loose paper to prevent wind from blowing
loose papers.
E.
Corrugated cardboard shall be broken down into flat
surfaces and tied.
F.
The Borough of Rockaway recycling newsletter contains
information regarding recycling other items such as tires, fluorescent
lights, and textiles at the Recycling Center.
G.
All containers and paper lawn and leaf 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.
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 or owner of any multifamily unit shall
issue notification and collection rules to new tenants when they arrive
and every six months during their occupancy.
A.
All nonresidential generators, including commercial,
industrial and institutional establishments, 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.
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.
A.
In the case of residential and nonresidential homes
and establishments which are not served by municipal recycling collection
systems and are serviced by private scavengers not retained by the
Borough of Rockaway, it shall be the duty of all persons so serviced
to submit to the Municipal Recycling Coordinator, on such forms as
may be prescribed, information on recycling activities at their premises,
including the amount of recycled material, by material type, collected
and recycled and the vendor or vendors providing recycling service,
by February 15 of each year in accordance with the Morris County District
Recycling Plan.
B.
The Municipal Recycling Coordinator shall compile all recycling documentation and reports and shall comply with the obligation of the Borough of Rockaway in connection with the Morris County Recycling Plan. A complete copy of the annual recycling tonnage report which is submitted to the New Jersey Department of Environmental Protection (NJDEP) shall be provided to the Morris County Recycling Coordinator. A detailed report as to all inspections of garbage conducted pursuant to § 203-9.5 shall be forwarded to the Morris County Recycling Coordinator with the annual recycling tonnage report. Any collector who fails to comply with the reporting requirements for recyclable materials in accordance with the schedule set forth above shall be subject to the penalties defined in § 203-9.8 of this article.
A.
Any application to the Land Use Board of the Borough
of Rockaway 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. This plan must contain, at a minimum,
the following:
[Amended 12-13-2012 by Ord. No. 26-12]
(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 Borough of Rockaway, 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 designated recyclable materials and
solid waste, to be approved by the Municipal Engineer.
A.
There shall be included in any new multifamily housing
development that requires subdivision or site plan approval indoor
and/or outdoor recycling areas for the collection and storage of residentially
generated recyclable materials. The number of sites and dimensions
of the recycling areas shall be sufficient to accommodate recycling
bins or containers which are of adequate size and number, and which
are consistent with anticipated usage and with current methods of
collection in the area in which the project is located. The number
of sites and dimensions of the recycling areas and the bins or containers
shall be determined in consultation with the Municipal Recycling Coordinator,
and shall be consistent with the district recycling plan adopted pursuant
to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable
requirements of the municipal master plan, adopted pursuant to Section
26 of P.L. 1987, c. 102.
B.
The recycling areas shall be conveniently located
for the residential disposition of source-separated recyclable materials,
preferably near, but clearly separated from, a refuse dumpster.
C.
The recycling areas shall be well lit, and shall be
safely and easily accessible by recycling personnel and vehicles.
Collection vehicles shall be able to access the recycling areas without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling areas and the bins or containers.
D.
The recycling areas or the bins or containers placed
therein shall be designed so as to provide protection against adverse
environmental conditions which might render the collected materials
unmarketable. Any bins or containers which are used for the collection
of recyclable paper or cardboard and which are located in an outdoor
recycling area shall be equipped with a lid, or otherwise covered,
so as to keep the paper or cardboard dry.
E.
Signs clearly identifying the recycling areas and
the materials accepted therein shall be posted adjacent to all points
of access to the recycling areas. Individual bins or containers shall
be equipped with signs indicating the materials to be placed therein.
F.
Landscaping and/or fencing shall be provided around
any outdoor recycling areas and shall be developed in an aesthetically
pleasing manner.
A.
It shall be unlawful for solid waste collectors to
collect solid waste that is mixed with, or contains visible signs
of, designated recyclable materials. It is also unlawful for solid
waste collectors to 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.
B.
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 article and the
local Property Maintenance and Sanitary and Health Code.
A.
It shall be unlawful for any person or persons, firm,
association or corporation, whether as principal or agent, to directly
or indirectly deposit, spill or throw any garbage, litter or refuse
in or upon any street, sidewalk, public place or private place within
the Borough of Rockaway, except in public receptacles, where provided,
or in authorized private receptacles provided for the collection of
garbage or unless permission for doing so has first been obtained
from the Board of Health of the Borough of Rockaway.
B.
It shall be a violation of this article for any person
unauthorized by the Borough of Rockaway to collect or pick up or cause
to be collected or picked up any newspapers, glass, aluminum cans,
office paper, corrugated cardboard, designated materials and yard
waste. Each such collection in violation hereof from one or more residential
or nonresidential collection points shall constitute a separate and
distinct offense punishable as hereinafter provided.
C.
Any person as defined in this article and any person
who shall enter the Borough of Rockaway for the purpose of depositing
solid waste or designated materials as defined by this article shall
only deposit solid waste and designated materials for collection at
or upon those places within the Borough of Rockaway where such person
shall be legally entitled to enter. Nothing contained in this article
shall authorize any person to deposit solid waste or designated materials
generated from a residential or nonresidential site within the Borough
or from a residential site outside the Borough in any public receptacle
or container or in any private receptacle or container not owned or
under the control of that person. Nothing contained in this article
shall prohibit the placement of solid waste or designated materials
in public receptacles where such solid waste or designated material
is generated in a public area or in a private area to which the public
is invited, such as but not limited to public grounds, public parks,
public restaurants and other public establishments.
Anything herein to the contrary notwithstanding,
any person may donate or sell recyclables to any person, partnership
or corporation, whether said purchaser or recipient is operating for
profit or not for profit. Said person, partnership or corporation
may not, however, under any circumstances, pick up said recyclables
from curbsides in the Borough of Rockaway, whether or not said recyclables
are placed at curbside on or immediately preceding curbside collection.
A.
An inspection may consist of sorting through containers
and opening solid waste bags to detect, by sound or sight, the presence
of any recyclable material.
B.
The Superintendent of Public Works or his authorized
agents shall regularly inspect garbage set out for disposal within
the Borough of Rockaway in order to determine whether such garbage
contains recyclables which are otherwise required to be separated
from such garbage. In the event that the Superintendent of Public
Works, directly or through his authorized agent, shall determine that
a person or persons have violated the requirement that recyclables
are to be set aside for collection in accordance with this article
of the Borough of Rockaway, the Superintendent of Public Works shall,
upon the first offense, post a notice on or about the trash receptacles
of such violator indicating that the continued violation will result
in penalties as prescribed by law and, upon the second offense, shall
serve upon such violator a notice of the failure of such person or
persons to comply with this article, and the person upon whom such
notice is served shall immediately, forthwith and thereafter comply
strictly with the requirements for recycling in the Borough of Rockaway.
In the event that it shall be determined that such person or persons
shall have violated the requirement of recycling on a third or subsequent
occasion, then and in that event said person or persons shall be subject
to the penalties provided in this article, as amended from time to
time. Each such offense shall constitute a separate offense under
this article, and each day shall likewise constitute a separate offense.
C.
Until such time as the Borough of Rockaway shall,
in accordance with state and county criteria, have reached a fifty-percent
reduction rate in garbage produced by the residents of the municipality,
the Superintendent of Public Works or his authorized agents shall
inspect, at a minimum, 10% of residential units per quarter to determine
compliance with the recycling requirements of the Borough of Rockaway,
10% of commercial/institutional establishments per quarter and 10%
of the multi-/single-family developments, including apartments, townhomes
or condominiums, regardless of whether the Borough is obligated to
collect such garbage, per quarter. The Superintendent of Public Works
shall identify these inspections to the Municipal Recycling Coordinator
for inclusion on the annual tonnage reports required to be furnished
by the Borough of Rockaway.
This article shall not apply to the handicapped
or disabled, which persons shall be deemed exempt from the operation
of the provisions of this article. However, such handicapped or disabled
person must have proof and evidence of having qualified as a handicapped
or disabled person under and by virtue of regulations of the Division
of Motor Vehicles for the qualification of such persons. Such handicapped
or disabled persons shall, to the best extent possible, comply with
the provisions of this article by requesting assistance from the Superintendent
of Public Works of the Borough of Rockaway.
A.
The Superintendent of Public Works or his authorized
agents are hereby authorized and directed to enforce this article.
They are hereby authorized and directed to establish and promulgate
reasonable regulations as to the manner, days and times for the collection
of used newspapers, glass, aluminum cans, office paper, corrugated
cardboard, designated materials and yard waste.
B.
Any person who allows refuse or improperly separated
or packaged designated materials to accumulate shall be subject to
the violation provisions of this article and to the provisions of
the Sanitary Code of the Borough of Rockaway.
A.
Any person, firm or corporation who violates or neglects
to comply with any provision of this chapter or any regulation promulgated
pursuant thereto shall, upon conviction thereof, be punishable by
a fine of not less than $100 nor more than $2,000 and/or imprisonment
for not more than 90 days or 90 days' community service, at the discretion
of the court.
B.
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.
[Adopted 12-10-1992 as part of Ord.
No. 34-92]
Any resident of the Borough of Rockaway desiring
to dispose of tires pursuant to this article shall procure from the
Clerk of the Borough of Rockaway or such other official as may be
designated by the Mayor and Council of the Borough of Rockaway a sticker
or other identifying device. One sticker or other identifying device
shall be required for each tire to be disposed of pursuant to this
article.
Any person seeking to obtain a tire disposal sticker shall pay the fee as provided in Chapter A263, Fees.
Upon receipt of tire disposal stickers as set
forth in this article, a resident shall bring the tires and stickers
to a tire collecting center authorized by the Borough of Rockaway.
The tire collecting center shall take possession of the stickers and
dispose all tires brought to it for disposal according to law.
Upon presentation to the Borough of Rockaway
of any tire disposal stickers obtained from residents pursuant to
this article and satisfactory proof that all tires collected have
been disposed of according to law, the Borough of Rockaway shall pay
over to the tire collecting center all funds received by the Borough
of Rockaway as payment for tire disposal stickers.
