City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of East Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards; property maintenance — See Ch. 159.
Littering — See Ch. 172.
Newspapers, advertisements and periodicals — See Ch. 182.
Peace and good order — See Ch. 198.
Article I Collection and Transportation of Waste

§ 156-1 Definitions.

§ 156-2 Receptacle requirement.

§ 156-2.1 Refuse containers/dumpsters.

§ 156-3 Placement of receptacles for collection.

§ 156-3.1 Accessibility of recycling containers.

§ 156-4 Limit of solid waste for collection.

§ 156-5 through § 156-5.3. (Reserved)

§ 156-6 Tampering with solid waste or recyclable material for collection.

§ 156-7 Deposit on private property without consent of owner.

§ 156-8 Interference with City employees or agents.

§ 156-9 Collection and transportation of solid waste or recyclable material upon City streets.

§ 156-10 Condition of vehicles used in collection and transportation of solid waste.

§ 156-11 Condition of vehicles used in collection and transportation of recyclable material.

§ 156-12 Sanitary storage of vehicles and implements.

§ 156-13 Allowing solid waste to stand overnight.

§ 156-14 Registration required to collect, transport, store or otherwise handle recyclable materials; exception.

§ 156-15 Violations and penalties.

Article II Recycling

§ 156-16 Definitions.

§ 156-17 Source separation; exemption from source-separation requirements.

§ 156-18 Collection of recyclable materials.

§ 156-19 Residential dwelling compliance requirements.

§ 156-20 Nonresidential establishment compliance requirements.

§ 156-21 New developments of multifamily residential units or commercial, institutional or industrial properties.

§ 156-22 Prohibition of collection of solid waste mixed with recyclable materials.

§ 156-23 Construction, renovation and demolition debris recovery plan.

§ 156-24 Review of debris recovery plan.

§ 156-25 Diversion requirement adjustment.

§ 156-26 Debris recovery plan reporting requirements.

§ 156-27 Compliance with diversion requirement.

§ 156-28 Appeal.

§ 156-29 Enforcement.

§ 156-30 Violations and penalties.

[Adopted 12-3-1984 by Ord. No. 52-1984; amended in its entirety 7-18-2011 by Ord. No. 22-2011]

§ 156-1 Definitions.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
AUTHORIZED COLLECTOR
The corporation, firm or individual who has been awarded the current scavenger contract by the City of East Orange.
BULKY WASTE
Large items of solid waste which, because of their size or weight, cannot be contained in suitable receptacles. These items include but are not limited to appliances, furniture, plumbing fixtures and lumber.
CATCH BASIN
A reservoir for collecting surface drainage or runoff.
CATCH BASIN BUFFER ZONE
The area that is 10 feet on either side of the catch basin.
CITY
The City of East Orange, New Jersey.
COMMERCIAL SOURCE
A wholesale, retail or service establishment, including but not limited to restaurants, markets, offices, retail and wholesale outlets and theaters, excluding industrial establishments.
DEBRIS
Items including but not limited to lawn and garden material, hedge clippings, leaves, small bushes, Christmas trees, wallboard and plaster.
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and/or consumption of food.
GENERATOR
Any individual, public or private corporation or firm owning, operating or in charge of any residential, nonresidential, commercial, industrial or institutional source who produces or has charge of producing solid waste or recyclable material.
HAZARDOUS REFUSE
Any waste which poses a present or potential threat to human health, living organisms or the environment. It shall include waste material that is toxic, corrosive, irritating, radioactive, biologically infectious, explosive or flammable.
INSTITUTIONAL SOURCE
Any property which is not a residential, commercial or industrial source, which includes but is not limited to public or private schools, hospitals and medical care facilities.
LEAVES
The foliage material naturally formed from trees and bushes that are suitable for composting and mulching.
LITTER
Garbage, refuse, rubbish and all other waste material which, if thrown or deposited as prohibited in this article, tend to create blight and a danger to public health, safety and welfare.
MUNICIPAL RECYCLING COORDINATOR
The person appointed by the Mayor who shall be authorized to enforce the provisions of this article and the rules and regulations promulgated hereunder.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the City of East Orange or other public body and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
PUBLIC PLACE
Includes all streets, sidewalks, boulevards, alleys or other public rights-of-way and all public parks, squares, spaces, grounds and buildings.
RECYCLABLE MATERIAL
Any material designated by the City to have a recycling value.
RECYCLING
A process by which materials which would otherwise be disposed of as solid waste are separated, collected, processed and converted into economically valuable raw materials or products.
RECYCLING BUSINESS AND INDUSTRY
A business which collects, processes, sells, purchases or converts recyclable materials.
REFUSE
All putrescible and nonputrescible waste, including garbage, rubbish, ashes, street cleanings, dead animals, industrial waste and hazardous refuse.
REFUSE CONTAINER
Any waste container that a person controls, whether owned, leased or operated, including dumpsters, trash cans, garbage pails and plastic trash bags.
RESIDENTIAL SOURCE
A household and other dwelling unit not defined as a "commercial source."
SOLID WASTE
Garbage, refuse, debris and other discarded materials from residential or commercial sources, excluding recyclable material.
SOLID WASTE COLLECTION
The collection and transportation of solid waste from its source or location to a disposal site, a resource recovery facility or a recycling facility.
SOURCE SEPARATION
The detaching, sorting and setting apart from residential, nonresidential, commercial, industrial or institutional solid waste, by the generator at the point of generation, of all designated recyclable materials, for the purpose of recycling.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
SUFFICIENT RECEPTACLE
Receptacles provided with covers constructed to prevent spillage or leakage of contents in a number sufficient to contain the solid waste accumulated, pending collection in conformance with the City's solid waste collection schedule.
SUITABLE RECEPTACLE FOR COLLECTION OF MIXED RECYCLABLES
A reusable receptacle made of metal or plastic, with a capacity of no more than 50 gallons for residential property of less than 50 units or no larger than 110 gallons for residential properties of more than 50 units, with handles and solidly constructed, or a container of a size and dimension approved by the Municipal Recycling Coordinator. Paper bags are not "suitable receptacles."
SUITABLE RECEPTACLE FOR SOLID WASTE COLLECTION
A receptacle made of metal or plastic, with a capacity of no more than 35 gallons, with handles, solidly constructed so as to prevent spillage or leakage of contents and weighing not more than 100 pounds when placed for collection; or, in the alternative, plastic bags that shall be securely closed and not more than 18 inches in diameter and 26 inches high and not more than 35 gallons in capacity and with sufficient strength to maintain physical integrity when lifted. Paper bags and cardboard boxes are not "suitable receptacles."
USED CORRUGATED CARDBOARD
All corrugated cardboard of the type commonly used for boxes, shipping containers and packing materials, having exterior cardboard piles separated by air spaces created by one or more fabricated cardboard piles.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
YARD WASTE
Grass, leaves, cutting of tree branches, shrubbery or other vegetation.

§ 156-2 Receptacle requirement.

Except where an alternate method providing equivalent health and safety methods is utilized, such as incineration or compaction, the owner, agent, lessee, tenant or occupant of every dwelling, market, restaurant or other premises where solid waste accumulates in the City shall provide and maintain in a suitable place on the premises sufficient receptacles to contain the accumulated solid waste.

§ 156-2.1 Refuse containers/dumpsters.

A. 
Any person who controls, whether owned, leased or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
B. 
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semiliquids or solids to the municipal separate storm sewer system(s) operated by the City of East Orange.
C. 
Exceptions to prohibition:
(1) 
Permitted temporary demolition containers.
(2) 
Litter receptacles (other than dumpsters or other bulk containers).
(3) 
Individual homeowner trash and recycling containers.
(4) 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
(5) 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).

§ 156-3 Placement of receptacles for collection. [1]

No receptacle or solid waste referred to in this article shall be placed for collection on the curb or sidewalk or the public right-of-way prior to 5:00 p.m. preceding the day on which such receptacle or solid waste is scheduled to be collected, nor shall receptacles be permitted to remain thereon longer than two hours following collection at any commercial source or residential source with four or more dwelling units and seven hours following collection at any residential source with four or fewer dwelling units. (See § 156-15 for violations and penalties hereof.)
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 156-3.1 Accessibility of recycling containers.

The owner of each residential property shall supply sufficient containers, as described in § 156-1, for the temporary storage of recyclable material pending collection. The location of said containers shall be in an area that is easily accessible by residents and which shall not create a nuisance. (See § 156-15 for violations and penalties hereof.)

§ 156-4 Limit of solid waste for collection.

A. 
Residential sources. All residential sources shall be allowed to place solid waste at the curb for collection by the City's authorized collector, provided that all garbage and refuse is contained in suitable receptacles. Recyclable material is to be separated from other solid waste and recycled in a manner and according to a schedule promulgated and published by the City. Loose wood and tree limbs are to be cut into four-foot lengths and tied in bundles not more than 25 pounds each. Debris such as grass clippings and similar material shall be placed in receptacles of sufficient strength to prevent breaking while handling and weighing not more than 75 pounds when filled. Leaves, dirt, stones, broken concrete, debris or other construction material or items of an unreasonable nature will not be collected by the authorized collector. Hazardous refuse shall not be placed for collection but shall be disposed of at the expense of the owner or possessor thereof in accordance with laws and regulations of the State of New Jersey.
B. 
Commercial sources. All commercial sources shall be allowed to place solid waste at the curb for collection by the City's authorized collector, provided that all garbage and refuse is contained in no more than four suitable receptacles and recyclable material is separated from other solid waste. Used corrugated cardboard, bulky waste, dirt, stones, broken concrete, debris or other construction material or items of an unreasonable nature will not be collected by the authorized collector. Hazardous refuse shall not be placed for collection but shall be disposed of at the expense of the owner or possessor thereof in accordance with laws and regulations of the State of New Jersey.

§ 156-5 through § 156-5.3. (Reserved) [1]

[1]
Editor's Note: Former § 156-5, Mandatory source separation and recycling of designated material; § 156-5.1, Removal of recyclables; § 156-5.2, Residential disposition of recyclables; and § 156-5.3, Proper placement of yard waste; violations and penalties, were repealed 4-9-2012 by Ord. No. 10-2012. See now Art. II, Recycling, of this chapter.

§ 156-6 Tampering with solid waste or recyclable material for collection.

No person other than those authorized by the City shall tamper with, collect, remove, cut or untie any bundle of newspaper or any other recyclable material or solid waste placed at the curb for collection. (See § 156-15 for violations and penalties hereof.)

§ 156-7 Deposit on private property without consent of owner.

No person shall throw, drop, dump, tow or otherwise place any solid waste, abandoned automobile, automobile parts or any excavated material on private property without first obtaining the permission of the owner or person in possession of such property.

§ 156-8 Interference with City employees or agents.

No person shall prevent or interfere with any City employee or agent in the discharge of his/her duties in inspecting for the proper placement of receptacles or recyclable material for collection or the sweeping or cleaning of any street or in the removal of sweepings, snow, ice or other refuse material or in the removal of solid waste or other recyclable materials.

§ 156-9 Collection and transportation of solid waste or recyclable material upon City streets.

No person engaged in the collection or transportation of solid waste or recyclable material shall cause or permit any such material to be dropped or scattered upon City streets. No person engaged in the collection or transportation of solid waste or recyclable material shall occupy any street for an unreasonable length of time in loading or unloading.

§ 156-10 Condition of vehicles used in collection and transportation of solid waste.

All vehicles used in transporting solid waste through City streets must be furnished by the owner with a sound and watertight body and shall be completely and securely covered as to prevent their contents from being scattered upon the streets. All such vehicles shall be equipped with a broom and shovel to remove any solid waste dropped during collection or transportation. No such vehicle shall be in a filthy or offensive condition.

§ 156-11 Condition of vehicles used in collection and transportation of recyclable material.

All vehicles used in transporting recyclable materials through City streets must be furnished by the owner with a sound and watertight body and shall be securely covered when loaded so as to prevent the contents from being scattered upon the streets. All such vehicles shall be equipped with a broom and shovel to remove any recyclable material dropped during collection or transportation. No such vehicle shall be in a filthy or offensive condition.

§ 156-12 Sanitary storage of vehicles and implements.

When not in use, all vehicles referred to in §§ 156-10 and 156-11 of this article, and all implements used in connection therewith, shall be stored and kept in a place where there is no danger to the health, safety or welfare of any person within the City.

§ 156-13 Allowing solid waste to stand overnight.

No person collecting solid waste shall keep, suffer or permit to remain overnight in the City any solid waste collected within or outside of the City.

§ 156-14 Registration required to collect, transport, store or otherwise handle recyclable materials; exception.

A. 
No recyclable materials shall be brought into, gathered, collected, accumulated, stored, exposed, carried or transported in any manner through any street or public place or into any structure in the City, except by persons registered with the City through the Sanitation Division of the Engineering Department.
B. 
Such registration shall be revocable by the City at any time, after notice and hearing.
C. 
No registration shall be necessary under this section for the reasonable temporary storage of their own material by private individuals, corporations or institutions.
D. 
Any person or business engaged in collecting, transporting, storing and/or processing of any recyclable materials in the City shall submit periodic reports on forms prescribed by the Sanitation Superintendent.

§ 156-15 Violations and penalties.

A. 
Penalties.
(1) 
Any person, firm, corporation or entity who or which violates or neglects to comply with any provision of this article, except as provided in § 156-15A(3) or any rule or regulation promulgated pursuant thereto, shall be punishable, upon conviction thereof, by a fine and/or penalty as provided below:
(a) 
First offense: a fine of $200.
(b) 
Second offense: a fine of $200 and discontinuance of collection service until compliance is met.
(c) 
Third offense: a fine of $500 and discontinuance of collection service until compliance is met.
(d) 
Fourth and each subsequent offense: a fine of $1,000 and discontinuance of collection service until compliance is met.
(2) 
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such, except as provided in § 156-15A(3).
(3) 
Payment through Violations Bureau:
(a) 
If you wish to plead guilty of violating or refusing to comply with § 156-3, 156-3.1 or 156-6, respectively, on your first offense of any of the sections hereof, and give up your rights to have a lawyer and a trial, you may pay a fine of $200 by bringing or mailing the summons together with payment within 14 days of notice of violation to the Violations Bureau located at:
Violations Bureau
Municipal Court - East Orange
221 Freeway Drive
East Orange, New Jersey 07018
(b) 
Second and each subsequent offense: "plea of guilty" not applicable. Fine and penalty is pursuant to § 156-15A(1) and (2), as provided hereinbefore.
B. 
Fines levied and recovered for noncompliance with any and all provisions of this article shall be transmitted by the Court Clerk within 48 hours after the receipt thereof to the Tax Collector, who shall deposit all such funds within 48 hours after the receipt thereof to the credit of the local unit in its designated recycling grant fund account or revolving relocation assistance fund account of its legal depository. The recycling grant fund is to be utilized for the purpose of the City's recycling program, to include, but not be limited to, the purchase of materials, education, awareness and improvement in services in accordance with the provisions of N.J.S.A. 40A:4-39.
C. 
This article shall be enforced by the Water Department, Public Works Department, Property Maintenance Department and Health Department of the City of East Orange.
[Adopted 4-9-2012 by Ord. No. 10-2012]

§ 156-16 Definitions.

As used in this article, the following terms shall have the meanings indicated:
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
COVERED PROJECT
A construction, renovation or demolition project for which a building permit or a demolition permit is required, and for which a dumpster or roll-off container shall be placed on premises for the purpose of placement of solid waste materials.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Essex County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
A. 
Residential. All homes, condominiums, townhouses, apartments, trailer parks, etc., including certain housing types considered institutional (i.e., senior citizen homes) are to recycle the following materials. There are no de minimis standards based upon amount or weight:
(1) 
Newspapers.
(2) 
Mixed paper (i.e., junk mail, office paper, all marketable grades).
(3) 
Old corrugated containers.
(4) 
Glass food and beverage containers.
(5) 
Aluminum beverage containers.
(6) 
Leaves.
(7) 
Used motor oil.
(8) 
White goods.
(9) 
Lead acid batteries (vehicle batteries).
(10) 
Plastics (#1 and #2).
(11) 
Steel/tin containers.
(12) 
Ferrous scrap.
B. 
Commercial. All places of business (wholesale, retail, service, food, transportation, etc.) are included in this sector.
(1) 
Newspapers.
(2) 
Glass food and beverage containers.
(3) 
Aluminum beverage containers.
(4) 
Leaves.
(5) 
Old corrugated containers.
(6) 
Office paper (all marketable grades).
(7) 
Used motor oil.
(8) 
White goods.
(9) 
Lead acid batteries (vehicle batteries).
(10) 
Plastics (#1 and #2).
(11) 
Steel/tin containers.
(12) 
Ferrous scrap.
C. 
Institutional. All government buildings, schools, colleges, hospitals, clinics, etc., are included in this sector.
(1) 
Newspapers.
(2) 
Glass food and beverage containers.
(3) 
Aluminum beverage containers.
(4) 
Leaves.
(5) 
Old corrugated containers.
(6) 
Office paper (all marketable grades).
(7) 
Used motor oil.
(8) 
White goods.
(9) 
Lead acid batteries (vehicle batteries).
(10) 
Plastics (#1 and #2).
(11) 
Steel/tin containers.
(12) 
Ferrous scrap.
ELECTRONIC WASTE
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.
MULTIFAMILY DWELLING
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.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this article, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and institutional establishments within the boundaries of the City of East Orange.
RECYCLABLE MATERIAL
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.
SOURCE SEPARATION
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.
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.

§ 156-17 Source separation; exemption from source-separation requirements.

A. 
Mandatory source separation. 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 City of East Orange, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the City of East Orange.
B. 
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source-separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source-separate from the municipal solid waste stream the specified recyclable materials, if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this article, 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.

§ 156-18 Collection of recyclable materials.

The collection of recyclable material shall be in the manner prescribed as follows:
A. 
All containers and brown paper 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. Receptacles or other items to be disposed of shall be placed as noted above anytime after 5:00 p.m. of the day immediately preceding the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All receptacles or dumpsters shall be kept clean and in a safe manner.

§ 156-19 Residential dwelling compliance requirements.

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 shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.

§ 156-20 Nonresidential establishment compliance requirements.

A. 
All commercial and institutional generators 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. 
Every business, institution or industrial facility shall report on March 30 of each year to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at its premises, including the amount of recycled material, by material type, collected and recycled, and the vendor or vendors providing recycling service.
D. 
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.

§ 156-21 New developments of multifamily residential units or commercial, institutional or industrial properties.

Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c:
A. 
Any application to the Planning Board of the municipality of the City of East Orange for subdivision or site plan approval for the construction of multifamily dwellings of 25 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:
(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 City of East Orange, 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 solid waste, to be approved by the Director of Public Works.

§ 156-22 Prohibition of collection of solid waste mixed with recyclable materials.

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 sanitary code.
C. 
Once placed in the location identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than those authorized by the municipality, shall tamper with, collect, remove or otherwise handle designated recyclable materials.

§ 156-23 Construction, renovation and demolition debris recovery plan.

A debris recovery plan shall be filed with the Municipal Recycling Coordinator prior to the commencement of any activity for which municipal approval is further identified above. The debris recovery plan shall identify the types and estimated quantities of construction and demolition debris to be generated from the project, how each material will be managed, and the name of each facility or service provider that the entity will use to manage each material. The plan shall further detail how the applicant shall ensure that a minimum of 50% of the materials to be generated will be separated and recycled.

§ 156-24 Review of debris recovery plan.

A. 
Approval. A debris recovery plan shall be reviewed by the Municipal Recycling Coordinator and approved if it provides for all of the information required by this article. An approved debris recovery plan shall be marked "Approved" and returned to the owner of the entity which submitted the plan.
B. 
Denial. A debris recovery plan shall not be approved if it does not provide all of the information required by this article. If a debris recovery plan is not approved, the owner of the entity which submitted the plan shall be notified in writing that the plan has been rejected, including the reasons for the rejection. In order to obtain the building or demolition permit sought, the owner of the entity which will carry out the construction, renovation or demolition project shall make the required changes and resubmit the debris recovery plan to the Municipal Recycling Coordinator.

§ 156-25 Diversion requirement adjustment.

A. 
Application. If the owner of an entity carrying out a covered project experiences circumstances that makes it infeasible to comply with the diversion requirement cited in this article, the owner of the entity may apply for an adjustment. The owner shall indicate in writing why it is infeasible to divert 50% of the materials being generated from the covered project and specify what percentage of diversion could be achieved. Increased costs to the owner of the entity carrying out the covered project will not be an acceptable justification for an adjustment.
B. 
Review. The Municipal Recycling Coordinator shall review the information supplied by the owner. If warranted, the Municipal Recycling Coordinator shall attempt to contact the owner to discuss possible ways of meeting the diversion requirement.
C. 
Granting of an adjustment. If the Municipal Recycling Coordinator determines that it is infeasible for the entity carrying out a covered project to divert 50% of the generated C&D debris from the covered project, the percent of diversion required shall be adjusted. The owner shall be notified in writing of the adjusted diversion requirement. The owner of the entity carrying out the covered project shall be required to divert the percent of C&D debris required by the adjustment.
D. 
Denial of adjustment. If the Municipal Recycling Coordinator determines that it is feasible for the owner of an entity carrying out a covered project to meet the diversion requirement cited in this article, the owner shall be notified in writing of the denial of the diversion requirement adjustment.

§ 156-26 Debris recovery plan reporting requirements.

Documentation. Upon completion of the covered project, but before the final inspection, the owner of the entity carrying out a covered project shall submit in person or by certified mail to the Municipal Recycling Coordinator, the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
A. 
A completed debris recovery report, signed by the owner of the entity carrying out a covered project, indicating the quantity of each material generated during the covered project diverted or disposed;
B. 
Receipts from all facilities or service providers utilized to divert and dispose materials generated during the covered project; and
C. 
Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.

§ 156-27 Compliance with diversion requirement.

The Municipal Recycling Coordinator shall review the information submitted pursuant to this article and determine whether the owner of the entity carrying out the covered project has complied or failed to comply with the diversion requirement. The determination regarding compliance will be provided to the owner of the entity carrying out the covered project in writing.

§ 156-28 Appeal.

An owner of the entity carrying out the covered project may appeal a determination of failure to comply under this article to the Municipal Court within 30 days of the decision or determination. The appeal shall be in writing and shall state the facts and basis for the appeal. A decision by the City's Municipal Court shall be final.

§ 156-29 Enforcement.

The Code Enforcement Official, the Department of Health, the Police Department, the Recycling Coordinator, the Property Maintenance Official, the Housing Officer, and the Essex County Department of Health are hereby individually and severally empowered to enforce the provisions of this article. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.

§ 156-30 Violations and penalties.

Any person, corporation, occupant or entity that violates or fails to comply with any provision of this article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250 or more than $1,000. 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, including community education programs.