Borough of Leonia, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 5-16-1988 by Ord. No. 1069; amended 5-29-1991 by Ord. No. 1123(§§ 117-14 to 117-28 of the 1982 Code)]

§ 243-14 Purpose.

It is the purpose of this article to bring the Borough of Leonia in compliance with the mandatory, state-wide recycling program L. 1987 c. 102, and the Clean Communities and Recycling Act, N.J.S.A. 13:1E-92 et seq.

§ 243-15 Definitions.

[Amended 3-1-1993 by Ord. No. 1156[1]]
As used in this article, the following terms have the meaning indicated:
BATTERIES
Household batteries as specified:
A. 
Non-rechargeable alkaline; common cells (D, C, AA, AAA, 9 volt and lantern sizes);
B. 
Rechargeable alkaline; nickel-cadmium (rechargeable batteries commonly built into rechargeable appliances);
C. 
Button cells.
BIMETAL CANS
Cans composed of steel sides and bottoms and an aluminum top.
COMPOSTABLE BAGS
Biodegradable paper or cotton bags which decompose in normal composting facilities and processes, and are acceptable to the New Jersey Department of Environmental Protection.
CONSTRUCTION DEBRIS
All wood including housing construction wood, except all creosote-treated wood and telephone poles; all tree parts, tree stumps and trunks, roots, asphalt shingles, aluminum siding, two-by-three-foot (maximum) rock blocks or pieces, concrete, stone, brick, and cinder blocks.
DESIGNATED AREA
An area where recyclable materials are placed for collection.
DESIGNATED RECYCLING MATERIALS
Those recyclable materials, including but not limited to metals, glass, paper or plastic containers; food and waste; corrugated and other cardboard; newspaper; magazines; or high grade office paper designated by the Borough and its legally appointed officials in this article to be source separated.
DISPOSITION or DISPOSITION OF RECYCLABLE MATERIALS
Transportation, placement, reuse, sale, donation, transfer or temporary storage for a period not exceeding six months of designated recyclable materials for all possible uses except for disposal as solid waste.
FERROUS SCRAP
All metal scrap containing steel and/or cast iron.
GLASS
Glass bottles, clear, green or brown only, separated by those colors.
INSTITUTION
To include, but not limited to, not for profit, religious, educational, and governmental organizations.
LEAVES
Leaves only and does not include grass clippings and brush.
MIXED PAPER
Includes but is not limited to all letter mail, high-grade office paper, magazines, and catalogues.
MUNICIPAL SOLID WASTE STREAM
All residential, commercial and institutional solid waste generated within the boundaries of the Borough.
MULTIFAMILY DWELLING UNIT
A dwelling unit with more than eight units.
NEWSPAPERS
Includes 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 matters of public interest.
NONFERROUS SCRAP
All metal scrap which does not contain steel or iron, but which does contain aluminum, copper, lead or brass.
PAPER-BOUND BOOKS
Books, covered or bound with paper, and include but are not limited to telephone books, soft-covered pocket books.
PLASTIC CONTAINER
Soft drink bottles; milk, juice and water jugs; beverage bottles; detergent and bleach bottles; not included: plastic toys, food containers, lawn furniture.
PRIVATE CONTRACTOR
A sole proprietorship business, or an incorporated or nonincorporated company engaged in part-time work or per job contracted work on any property in the Borough of Leonia.
PRIVATE SCAVENGER
A carter who holds a tariff from the New Jersey Board of Public Utilities or license from the New Jersey Department of Environmental Protection and Energy.
RECYCLABLE MATERIALS
Those materials which would otherwise become municipal solid waste which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING
Any process by which materials that would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING CENTER
Any facility designed and operated solely for receiving, storing, processing and transferring source metal, glass, paper, plastic containers, corrugated and other cardboard or other recyclable materials approved by the Department of Environmental Protection.
RESIDENT
Any person who owns, leases and/or occupies a dwelling within the municipality, including single-family units and multifamily units.
SINGLE DWELLING UNIT
Includes one-family homes and multifamily housing with fewer than eight units.
SOURCE-SEPARATE RECYCLABLE MATERIALS
Recyclable materials: newspapers, all paper, metals, glass, leaves, yard waste, food waste, batteries, construction materials, plastics (marked "1" and "2"), film bags, cardboard and chipboard which are kept separate and apart from residential, commercial and institutional solid waste by the generator thereof for the purpose of collection, disposition and recycling.
TIN CANS
Cans made of steel or tin. Commonly, such cans are tin-plated steel cans; might also be called "ferrous" cans.
TIRES
Automotive car, truck, motorcycle and bicycle tires.
WHITE GOODS
Include but are not limited to washing machines, refrigerators, stoves, and other household appliances.
YARD WASTE
Grass clippings, brush and branches no longer than six feet and less than 2 1/2 inches in diameter.
[1]
Editor's Note: Amended at time of time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 243-16 Recycling Coordinator.

There is hereby created the position of Leonia Recycling Coordinator who may be the Borough Administrator, or is an appointee who will report to the Borough Administrator, and who shall work with the Environmental Commission and governing body on all recycling projects.

§ 243-17 Recyclable materials enumerated.

[Added 3-1-1993 by Ord. No. 1156 [1]]
A. 
The following materials are designated as source-separated recyclable materials under the mandatory program:
(1) 
Leaves.
(2) 
Newspaper.
(3) 
Corrugated cardboard.
(4) 
Glass.
(5) 
Aluminum cans.
(6) 
White goods.
(7) 
Tin cans.
(8) 
Ferrous scrap.
(9) 
Nonferrous scrap.
(10) 
Mixed paper.
(11) 
Yard waste.
(12) 
Batteries.
B. 
This list will be amended and increased as markets develop for other materials in the municipal solid waste stream.
[1]
Editor's Note: Amended at time of time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 243-18 Separation of recyclables required; preparation for collection.

A. 
On and after the effective date of this article, it shall be mandatory for all persons who are residents of property or who are owners, proprietors, private contractors, vendors or managers of commercial, industrial and other institutions or properties in the Borough of Leonia to separate the recyclable materials designated in § 117-17 from all other solid waste and to adhere to the guidelines and pickup schedule as published in the DPW schedule.
[Amended 3-1-1993 by Ord. No. 1156]
B. 
All newspapers will be bundled securely and separately from other materials for recycling pickup to ensure that they will not be windblown or distributed in the public streets and provided further than the maximum weight of any bundle does not exceed 30 pounds (approximately 12 inches high). Acceptable methods include tying with string and boxing.
C. 
All corrugated cardboard, like newspapers in Subsection B above will be flattened, bundled securely and kept separate from other recyclables for pickup.
D. 
Glass bottles and jars (food containers) with caps and rings removed shall be commingled (green, brown and flint) by the owner, or occupant, into approved containers for recycling. Approved containers include metal and plastic buckets with handles whose weight when full shall not exceed 30 pounds. Containers are the property of, and to be maintained by, the owner or occupant. All glass bottles and jars (food containers) shall be rinsed.
[Amended 3-1-1993 by Ord. No. 1156 [1]]
[1]
Editor's Note: Amended at time of time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Aluminum, bimetal, and tin cans, excluding used foil shall be separated and placed collectively into an approved container similar to those for glass bottles and jars.
F. 
Single-dwelling unit occupants: newspapers, corrugated cardboard, glass and aluminum set forth in Subsections B through E of this section shall be placed at the curb for recycling pickup but not earlier than 6:00 p.m. on the day prior to "recycling day," that day established for pickup.
G. 
Multifamily unit residents shall place their recyclables in a designated area to be determined through negotiation with the DPW and the Recycling Coordinator.
H. 
Owners, proprietors or managers of commercial, industrial and other institutions and properties shall place their recyclables in a designated area or remove in a manner to be determined through negotiation with the DPW and the Recycling Coordinator.
I. 
Automotive and mechanical fluids shall be separated and disposed of by private scavengers.
[Added 3-1-1993 by Ord. No. 1156 [2]]
[2]
Editor's Note: Amended at time of time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 243-19 Leaves.

[Amended 3-1-1993 by Ord. No. 1156 [1]]
A. 
From approximately October 1 to December 15 of each year, the owner, lessee or occupant of every property within the Borough shall source separate leaves from solid waste generated by the property. Leaves shall be placed in the street (Fort Lee Road, Grand Avenue and Hoefley's Lane only) at curbside only in front of property or in paper compostable bags approved by the NJDEP. Leaves may not be placed in or left in plastic bags.
B. 
During the rest of the year, leaves may not be placed in the street or on the curb.
[1]
Editor's Note: Amended at time of time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 243-20 Separation of tires and collection from commercial establishments.

[Added 3-1-1993 by Ord. No. 1156]
It shall be mandatory for commercial establishments to separate used tires produced by such establishments for private collection and ultimate recycling of materials. It also shall be mandatory that commercial establishments contract a private scavenger to separate and dispose of all used tires.

§ 243-21 White goods, ferrous scrap and nonferrous scrap.

Collection of domestic or household bulky items, such as washing machines, refrigerators, stoves, household appliances, ferrous scrap, nonferrous scrap and other household furnishings, shall not be placed at the curb for collection unless arrangements have first been made with the Recycling Coordinator. The cost for pickup of such items by special arrangement may be imposed.

§ 243-22 Collection.

Collection of all source-separated recyclables shall be made by the Leonia Department of Public Works as directed by the Mayor and Council with primary administrative supervision under the control of the Recycling Coordinator.

§ 243-23 Authorization to sell.

The Recycling Coordinator may be authorized from time to time to sell and deliver, by bid or contract approved by the Mayor and Council, recyclable materials so collected in order to obtain the best possible price.

§ 243-24 Private disposal of recyclable materials.

Nothing in this article shall be deemed to prohibit any owner, lessee or occupant of disposing of recyclable materials privately through a sale or gift provided that in no event shall such recyclable materials be left at the curb or any such recyclable materials be disposed of as part of the solid waste pickup by the Borough of Leonia.
A. 
Private scavenger contracts. If the commercial establishment is either unable or unwilling to secure a market and collector for designated mandatory recyclable materials, the Borough of Leonia, through its Recycling Coordinator may secure such markets and enter into contracts on behalf of the commercial establishment for the collection and disposal of designated recyclable materials; provided, however, that the commercial establishment shall be responsible for any and all expenses associated with the said contract.
[Added 3-1-1993 by Ord. No. 1156]
B. 
Letter exemptions. Exemption from the mandatory municipal recycling program may be requested by any owner, lessee or occupant, and private service contractor of business and/or commercial establishment of the Recycling Coordinator. A request for exemption must be made in writing on the prescribed form and submitted to the Recycling Coordinator.
[Added 3-1-1993 by Ord. No. 1156]

§ 243-25 Ownership of recyclables; unauthorized pickup prohibited.

From the time recyclable materials are placed at the curb or designated area by the owner, lessee or occupant for collection by the Borough of Leonia such recyclable materials shall become the property of the Borough. It shall be a violation of this article for any unauthorized person to collect or pickup or cause to be collected or picked up any such recyclable materials for any purpose whatsoever once the same has been placed at the curb. Any and each such collection in violation for one or more premises shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 243-26 Annual report.

A. 
The Recycling Coordinator shall annually submit a recycling tonnage report to the New Jersey Office of Recycling.
B. 
All commercial, institution or multifamily units which are not serviced by the municipal recycling collection shall report semiannually to the Recycling Coordinator on or before March 1 for the preceding six-month period of July 1 through December 31 and on or before September 1 for the preceding six-month period of January 1 through June 30; the quantities of materials recycled on forms prescribed and provided by the Recycling Coordinator.
[Amended 3-1-1993 by Ord. No. 1156]
C. 
The Municipal Recycling Coordinator will compile all recycling documentation and report to the County Recycling Coordination as required.
D. 
Those not complying with this provision of this article will be subject to the penalties provided in § 243-29.

§ 243-27 Notification of public.

A. 
The Environmental Commission shall notify all persons owning, leasing or occupying property within the Borough of Leonia of the Borough’s recycling opportunities and the source separation requirements of this article. This notice shall be done by placing an advertisement in a newspaper circulating in the Borough of Leonia and by posting a notice in public places where public notices are customarily posted by the Borough and by a mailing to all residential taxpayers.
B. 
Not less than annually after the initial notification the Commission shall notify all persons occupying residential, commercial and institutional premises within the Borough of Leonia of local recycling opportunities and the source separation requirements of this article. Said notification shall be done by placing an advertisement in a newspaper circulating in the Borough of Leonia, by posting notices which are customarily posted by the Borough, and by mailing notices to all residents with tax bill or in separate mailing.

§ 243-28 Rules and regulations.

The Superintendent of the Department of Public Works or the Recycling Coordinator is hereby authorized and directed to establish and promulgate reasonable rules and regulations in accordance with the terms hereof; said rules and regulations are subject to change, modification, repeal or amendment by majority of the Mayor and Council

§ 243-29 Violations and penalties.

A. 
It shall unlawful to combine designated recyclables with other solid waste. Failure to source separate designated materials for recycling is a violation of this article. Moreover, recyclable materials, as defined by the Borough’s source separation program, found in the waste stream will permit the Department of Public Works to not pick up that waste, garbage or trash. The owner or occupant will be notified of the nature of the violation that prevented the waste from being collected.
B. 
It shall be the responsibility of the non-recycler whose solid waste was not removed because it contained recyclables to properly segregate the uncollected waste for proper recycling. Allowing unseparated refuse to accumulate will be considered a violation of this article and the local Sanitary Code.[1]
[1]
Editor's Note: See Ch. 311, Sanitary Standards.
C. 
Any person, firm or corporation violating the provisions of this article shall be liable to penalties up to a maximum of $25 for the first offense, $250 for the second, and $500 for the third offense and all subsequent offenses.
D. 
A person violating §§ 243-25 and 243-26B of this article shall be liable to a maximum fine of $1,000 or imprisonment in the county jail for a period not to exceed 90 days, or both.