[Derived from Ch. XI, Sec. 11-8, of the 1978 Code]
There is hereby established a Recycling Program within the Borough of Fort Lee as follows.
It is the purpose of this article to comply with the mandatory statewide recycling program, L. 1987, c. 102, and the Clean Communities and Recycling Act, N.J.S.A. 13:1E-92 et seq.
As used in this article, the following terms have the meanings indicated:
- CONSTRUCTION AND DEMOLITION DEBRIS
- Source-separated, nonputrescible recyclable material generated from the construction, alteration, repair, maintenance and/or demolition of structures within Bergen County. This material shall include concrete, bricks, block, ferrous and nonferrous scrap, asphalt, asphalt shingles, recyclable wood scrap and any and all other material generated from the construction, alteration, repair, maintenance and/or demolition of a structure or structures within Bergen County that a municipality may deem recyclable.
- DESIGNATED RECYCLABLE MATERIALS
- Those recyclable materials, including but not limited to the following items: metal, glass, paper or plastic containers, food and waste, corrugated and other cardboard, newspaper, magazines or high-grade office paper designated in this article to be source separated.
- DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
- The transportation, placement, reuse, sale, donation, transfer or temporary storage for a period not exceeding six months of designated recyclable material for all possible uses except for disposal as solid waste.
- DWELLING UNIT
- A one-family home and a two-family home.
- FERROUS SCRAP METAL
- All items made of steel, cast iron, tin-plated steel and white goods (such as stoves and refrigerators).
- All products made from silica or sand, soda ash and limestone (the produce being used for packaging or bottling of various matter) and all other material known by this term, excluding however, blue, white and flat glass commonly known as "window or plate glass."
- Green herbage sending up spike-like shoots or blades.
- HIGH-GRADE PAPER
- White typing and ledger paper, white notepad paper, copy paper, carbonless computer printout paper, manila tab cards and file folders.
- All magazines or periodicals printed on glossy stock or paper of heavier quality than that commonly recognized as "newsprint."
- MIXED PAPER
- A mixture of various grades of recyclable wastepaper, not
limited to fiber content, and includes but is not necessarily limited
to most types of clean and dry paper, including: gloss, white ledger
and computer papers, newspapers, magazines, catalogs, phone books,
cards, laser-printed white ledger, windowed envelopes, and sticky
notes.[Added 3-12-2009 by Ord. No. 2009-13]
- MUNICIPAL SOLID WASTE STREAM
- All residential, commercial and institutional solid waste generated within the boundaries of the borough, as measured in tons.
- 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.
- All newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerox-graphic paper, mimeo paper, duplicator paper and related types of cellulosic material containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coatings or saturants.
- PAPER PRODUCT
- Any paper items or commodities, including but not limited to paper napkins, towels, corrugated and other cardboard, construction material, toilet tissue, paper and related types of cellulosic products containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coatings or saturants.
- All individuals, partnerships, corporations, owners, tenants, lessees, firms, societies, schools, churches and associations, either profit or nonprofit, within the Borough of Fort Lee.
- PLASTIC CONTAINER
- A hermetically sealed, or made airtight with a metal or plastic cap, container with a minimum wall thickness of not less than 0.010 inches and composed of thermoplastic synthetic polymeric material.
- PLASTIC CONTAINERS, TYPE 1
- Hermetically sealed or made airtight with a metal or plastic
cap. Type 1 containers are made of polyethylene terephthalate (PET,
PETE). Examples include but are not limited to soft drink bottles
and salad dressing, mouthwash and peanut butter containers. These
containers are commonly coded on the bottom of the container with
the raised resin identity code number 1 inside the universal recycling
symbol (triangle of three chasing arrows) and/or the letters “PET”
or “PETE.”[Added 3-12-2009 by Ord. No. 2009-13]
- PLASTIC CONTAINERS, TYPE 2
- Hermetically sealed or made airtight with a metal or plastic
cap. Type 2 containers are made of high-density polyethylene (HDPE).
Examples include but are not limited to milk jugs, water bottles,
and bleach and household cleaner containers. These containers are
commonly coded on the bottom of the container with the raised resin
identity code number 2 inside the universal recycling symbol (triangle
of three chasing arrows) and/or the letters “HDPE.”[Added 3-12-2009 by Ord. No. 2009-13]
- RECYCLABLE MATERIAL
- 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.
- RECYCLED PAPER
- Any paper having a total weight consisting of not less than 50% secondary wastepaper material.
- RECYCLED PAPER PRODUCT
- Any paper product consisting of not less than 50% secondary wastepaper material.
- Any process by which materials which 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-separated, nonputrescible or source-separated commingled nonputrescible metal, glass, paper, plastic containers, corrugated and other cardboard or other recyclable materials approved by the department of environmental protection.
- RECYCLING COMMITTEE
- The group of persons appointed by the Mayor and Council who shall meet with and make recommendations to the Recycling Coordinator regarding rules, regulations and enforcement of the provisions of this article. The Committee shall consist of five persons, appointed for one-year terms by a majority vote of the Council, and shall at all times be comprised of the following: one single-family homeowner, one superintendent of a commercial multifamily residential high-rise structure, one tenant in a multifamily residential high-rise structure, one member of the Fort Lee Chamber of Commerce and one member of the Department of Public Works.
- RECYCLING COORDINATOR
- The person appointed by the Mayor and Council who shall be authorized to coordinate the borough's recycling program and assist with the enforcement of the provisions of this article.
- RECYCLING SERVICES
- The services provided by persons engaged in the business of recycling, including the collection, processing, storage, purchase, sale or disposition, or any combination thereof, of recyclable materials.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Recyclable materials, including but not limited to paper, metal, glass, food waste, office paper and plastic which are kept separate and apart from residential, commercial and institutional solid waste by the generator thereof for the purposes of collection, disposition and recycling.
- WHITE GOODS
- Household bulky items such as washing machines, refrigerators, stoves, hot-water heaters, household appliances, tires, household furniture, bed frames and mattresses. Construction material such as concrete, wood, logs, stone, tree stumps, asphalt are not collection items, and disposition of these items shall be the responsibility of the owner or contractor doing the work.
There is hereby created the position of Fort Lee Recycling Coordinator.
The following materials are designated as recyclable under the Fort Lee Mandatory Program:
Newspapers and magazines.
Fats and bones.
Used motor oils.
Ferrous scrap metal.
Tin (ferrous) cans.
Construction and demolition debris.
[Added 3-12-2009 by Ord. No. 2009-13]
Type 1 and 2 plastic containers.
[Added 3-12-2009 by Ord. No. 2009-13]
On and after the effective date of this article, it shall be mandatory for all persons who are owners, lessees and occupants of property in the Borough of Fort Lee to separate the recyclable materials designated in § 356-23 above from all other solid waste.
[Amended 12-16-2010 by Ord. No. 2010-29]
The owner, lessee or occupant of every property within the Borough of Fort Lee shall source-separate leaves from solid waste generated at that property. From October 15 through December 15, leaves shall be placed in the street at curbside in front of the property. Catch basins and drainage of stormwater shall not be impeded or blocked in any way so as to not allow stormwater runoff. At all other times, leaves shall be placed in paper bags only for pick-up by the Department of Public Works.
Curbside disposal. Newspapers shall be bundled separately in units not to exceed 30 pounds in weight and 12 inches in height. Bundles may be placed in paper bags, string tied, placed in reusable wooden or plastic boxes or placed at the curb for collection on days and at times and in such a manner as shall be designated by the Recycling Coordinator under rules and regulations promulgated by this article.
Recycling site disposal. At the option and expense of persons required to separate newspapers, newspapers may be brought to the recycling center owned and operated by the Borough of Fort Lee. In this event, bundling required in curbside disposal in the above subsection is waived and subject to rules and regulations in effect at the recycling site.
Separation. Glass shall be separated by color, reasonably rinsed, metal caps removed. This glass can be placed at curbside in reusable metal or plastic containers. Aluminum cans shall be reasonably rinsed and placed at curbside in reusable metal or plastic containers.
Volunteer or charitable recycling drive disposal. Nothing herein contained shall be construed to limit volunteer, charitable or other organizations from conducting newspaper drives. The date, time, place and nature of these collections shall be presented in advance and in writing to the Recycling Coordinator who shall approve or disapprove the date, time, place and nature of the collection in accordance with regulations promulgated by the Recycling Coordinator.
Other lawful disposals. At the option and expense of persons required to source separate recyclables, other methods of lawful disposal, such as sale to other recycling centers, may be utilized for multiunit residential, commercial or business enterprises, provided that in no event shall recyclables be disposed of as part of solid waste. In the event such persons required to source separate recyclables use such other means of lawful disposal, said other means of lawful disposal shall ensure and be responsible for removal and disposal of all source-separated recyclable materials from said multiunit residential, commercial or business enterprises.
Collection of domestic or household bulky items, such as washing machines, refrigerators, stoves, household appliances, tires and other household furnishings, shall not be placed at the curb for collection unless special arrangements have first been made with the Recycling Coordinator.
Collection from curbside of recyclable materials shall be made by borough employees or by contract for outside services, as directed by the Mayor and Council of the borough, with primary administrative supervision under the control of the Recycling Coordinator.
The Recycling Coordinator may be authorized from time to time to sell and deliver, by bid or by contract approved by the Mayor and Council, recyclable materials so collected in order to obtain the best possible price and/or service.
From the time recyclable materials are placed at the curb by the owner, lessee or occupant for collection by the Borough of Fort Lee, such recyclable materials shall become the property of the borough. It shall be a violation of this article for any person unauthorized to collect or dispose of recyclable materials under this article.
The Recycling Coordinator shall annually submit a recycling tonnage report to the New Jersey Office of Recycling.
The Recycling Coordinator shall notify all persons owning, leasing or occupying property within the Borough of Fort Lee 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 Fort Lee 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.
Every six months after the initial notification, the Recycling Coordinator shall notify all persons occupying residential, commercial and institutional premises within the Borough of Fort Lee 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 Fort Lee and by posting a notice in public places where public notices are customarily posted by the borough.
This article shall be referred to the Board of Adjustment and to the Planning Board of the Borough of Fort Lee for a revision of the Master Plan in accordance with N.J.S.A. 13:1E-99.16(c), specifically with regard to the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of single or multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet of land. The Planning Board shall also make recommendations to the Mayor and Council for amendments to the borough's Zoning Ordinance and Subdivision and Site Plan Ordinance in accordance with this article.
The Recycling Coordinator, Department of Health and Police Department are hereby authorized and directed to enforce this article. The Recycling Coordinator, after deliberation and upon the advice of the Recycling Committee, is hereby authorized and directed to enforce this article. The Recycling Coordinator is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of recyclable materials in accordance with the terms hereof; said rules and regulations are subject to change, modification, repeal or amendment by majority vote of the Mayor and Council.
Any person, firm or corporation violating the provisions of this article shall be liable to a maximum penalty at the discretion of the Judge of the Municipal Court of the Borough of Fort Lee of not more than $25 for the first offense and not more than $100 for each and every subsequent offense; excepting that a person violating § 356-30 of this article shall be liable to a maximum fine of $500 or imprisonment in the county jail for a period not to exceed 90 days, or both.
The Borough of Fort Lee shall not be responsible for the collection and disposal of construction material, logs, tree stumps or any demolition debris. The owner or contractor shall be responsible for removal of all material cited in this article.
Noncollectible items are, but not limited to, the following items: construction materials and debris, such as concrete, sand, Sheetrock, plaster, electric wiring and fixtures, window glass, wood, asphalt shingles, asphalt, logs, tree stumps, kitchen cabinets, bricks, cement blocks, plumbing and porcelain fixtures, fuel tanks and fuel.
If the owner or contractor shall not remove and dispose of such material on a timely basis, the borough's Recycling Coordinator shall have the authority to arrange for the pickup and disposal of such material and charge back the owner or contractor all costs incurred in addition to a fee of up to $100 for such service.
Applicability. This section shall be applicable to the demolition of any structure and shall include, but not be limited to, construction debris, demolition debris, roofing debris, trees, including stumps, branches and shrubbery, excavation such as water main and gas line pipes, ferrous or wood railroad and trolley tracks.
Demolition permits; security requirements. Prior to the issuance of a permit for the demolition of any structure pursuant to N.J.A.C. 5:23-2.17 or other applicable regulation, the person, firm or entity making such application shall post with the Construction Official security in the form of cash, certified check, irrevocable letter of credit or surety bond issued by a surety company authorized to do business in New Jersey. Such surety shall be in the amount of $10,000 for one- and two-family homes and accessory buildings and $25,000 for all other buildings. The purpose of the security or condition of the bond shall be to insure that demolition shall have been performed in a good and workmanlike manner as well as to guarantee compliance with Subsection C of this section, in addition to all other regulations governing demolition. In the event a bond is posted, the beneficiary of the security or obligee shall be the owner or owners of the land and any persons having an interest in the realty involved on which the demolition is taking place and the term of any security, be it cash, certified check, irrevocable letter of credit or surety bond, shall terminate no earlier than the expiration date of the demolition permit, plus an additional 30 days.
Recycling tonnage application form. Within five days after completion of demolition of any building or structure, the applicant shall cause to be filed with the Recycling Official of the borough a municipal recycling tonnage application commercial business form and accompanying documentation. Such form shall be available from the Construction Official and shall be filed with the Recycling Official of the borough. In the event any person, including an owner, contractor or builder, during the course of a demolition activity shall discover the existence of recyclable items, same shall be reported and duly documented in accordance with this article and the Recycling Coordinator shall be notified.
Disposition of security. In the event within 30 days after demolition of the building or structure, the Recycling Official has not received the required documentation pursuant to Subsection C above and the Construction Official has been notified in writing of the commencement of litigation and the court in which such litigation has commenced and that the said litigation alleges a violation of the purpose or condition of the security or bond posted herewith, the Construction Official shall forthwith transmit such security or bond to the clerk of the court involved for disposition of the matter.