Borough of Park Ridge, NJ Article II Recycling

[Adopted 3-8-1988 by Ord. No. 88-1]

§ 64-9 Purpose.

It is the purpose of this article to comply with the New Jersey Statewide Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, and the New Jersey Recycling Act of 1981, P.L. 1981, c.278.[1]

[1] Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.; N.J.S.A. §§ 13:1E-92 through 13:1E-94 were repealed by L. 2002, c. 128, § 12, effective 12-20-2002; see now also N.J.S.A. § 13:1E-213 et seq.

§ 64-10 Definitions.

[Amended 5-12-2009 by Ord. No. 2009-03]

As used in this article, the following terms have the meanings indicated:

ALUMINUM CANS

Food and beverage containers made entirely of aluminum.

AUTOMOTIVE WASTE OIL

A petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. Automotive waste oil includes used oil from autos, lawn mowers and motorcycles.

BATTERIES, HOUSEHOLD

Commercial alkaline, zinc and lithium types in AAA, AA, C, D, 9-volt and lantern size; nickel cadmium and sealed lead acid. Also available in common cell sizes AAA, AA, C, D and 9-volt; button cells; silver oxide, lithium, zinc air and alkaline-manganese.

[Amended 12-22-2009 by Ord. No. 2009-25]

BATTERIES, LEAD ACID

Batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer (household) batteries.

BATTERIES, RECHARGEABLE

Nickel cadmium, small sealed lead acid, lithium ion, nickel metal hydride, silver oxide and lithium button cell. Rechargeable batteries can be found in cordless power tools, cellular and cordless phones, laptop computers, digital cameras, two-way radios, camcorders and remote control toys.

[Added 12-22-2009 by Ord. No. 2009-25]

BRUSH/TREE PARTS

Branches and wood chips generated from residential and institutional sources (e.g., storm damage and pruning activities).

COMMINGLED RECYCLABLE MATERIALS

Those designated recyclable materials which may be disposed of together in a common reusable receptacle. These shall include aluminum cans, glass containers, bimetal (tin) cans, PET beverage containers and plastic bottles. Glass containers shall not be broken. All labels must be removed from all commingled recyclable materials.

COMPLIANCE OFFICER

The Borough Administrator shall be designated as the Compliance Officer. The Compliance Officer shall be responsible for all administrative duties and all required reporting, including filing of annual tonnage reports with the appropriate federal, state and/or county agencies.

COMPOSTABLE BAG

A biodegradable, two-ply, wet-strength-treated, recyclable paper or corn silk bag which can be placed in or added directly to a compost pile.

CONCRETE/ASPHALT AND MASONRY/PAVING MATERIALS

Asphalt or asphalt-based roofing shingles, concrete, brick, cinder block, ceramic materials, stones, other masonry materials and paving materials. Note: This material must be recycled at a registered, exempted or pending Class B recycling facility. Contact the Recycling Coordinator for a list of registered facilities.

CONSTRUCTION AND DEMOLITION DEBRIS

Waste building material and refuse resulting from construction, remodeling and repair operations on houses, commercial buildings and other structures.

CORRUGATED CARDBOARD

Containers and similar paper items usually used to transport supplies, equipment parts or other merchandise.

DESIGNATED RECYCLABLE MATERIALS

Those recyclable materials, including ferrous scrap (white goods), aluminum, glass containers, plastic containers, corrugated cardboard, newspaper, high-grade paper, mixed office and computer paper, automotive waste oil, batteries (excluding household batteries), yard waste, construction and demolition debris, food waste, PET beverage containers, leaves, grass, tin cans and electronic waste.

[Amended 5-10-2011 by Ord. No. 2011-016]

ELECTRONIC WASTE

Computer CPUs, monitors and televisions (no wood cabinet).

[Added 5-10-2011 by Ord. No. 2011-016]

FERROUS SCRAP

All products made of metal, aluminum, heavy iron, white goods and light iron.

FOOD WASTE

Food plate wastes and food processing wastes. Food processing wastes include food processing vegetative waste (material generated in trimming and reject sorting operations from the processing of fruits and vegetables in canneries and similar industries, e.g., tomato skins, pepper cores, bean snips, cranberry hulls), food processing residuals and animal processing wastes. If the material is transported and processed as animal feed, it should be identified as such.

GLASS CONTAINERS

All products made from silica or sand, soda ash and limestone which are transparent or translucent and used for packaging or bottling of various matter, including food or beverages, and all materials commonly known as "glass," excluding, however, blue and flat glass commonly known as "window glass" or "plate glass."

GRASS CLIPPINGS

Grass clippings derived from the mowing of lawns or other grassy areas.

HAZARDOUS WASTE

A solid waste (solid waste includes solids, liquids and compressed gases) that possesses at least one of four characteristics (ignitibility, corrosivity, reactivity or toxicity) or that appears on federal or state official lists of hazardous wastes as set forth in: Title 40 of the Code of Federal Regulations (CFR) Part 261; N.J.A.C. 7:26G-5; or pursuant to the Bergen County Utilities Authority rules and/or regulations.

HEAVY IRON

All ferrous scrap, structural steel or cast-iron components.

HIGH-GRADE OFFICE PAPER

White typing and ledger paper, white notepad paper, copier paper, carbonless computer printout paper, manila tab cards and file folders.

LEAVES

Leaves and other yard debris, excluding grass and brush, from residential, institutional, commercial or industrial sources.

MISCELLANEOUS RECYCLABLE MATERIALS

Includes any other nonhazardous material which would otherwise be classified as solid waste and is not otherwise defined in this section and documented as being recycled. Examples include but are not limited to furniture, carpeting and padding.

MIXED OFFICE AND COMPUTER PAPER

Any and all types of office-type paper, including but not limited to carbonless computer printout paper, high-grade white paper, typing paper, copier paper, onionskin, tissue paper, notepad, envelopes, manila folders and colored paper, or any mix thereof.

NEWSPAPER

All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forrest and Paper Association Grade Nos. 6, 7 and 8 news).

NONFERROUS AND OTHER ALUMINUM SCRAP

All noncontainer aluminum, stainless steel, copper, zinc, brass and other metals which generally do not rust.

OTHER GLASS

All noncontainer glass such as plate glass, drinking glasses and automotive glass.

OTHER PAPER/MAGAZINES/JUNK MAIL

All paper which is not defined as corrugated, mixed office paper, computer paper or newspaper. Examples are as follows: magazine stock, telephone directories, wrapping paper, chipboard, books, papers coated with plastic, film or foil, paper contaminated with food and grocery bags.

PET BEVERAGE CONTAINERS

Hermetically sealed or airtight containers with a metal or plastic cap, with a minimum wall thickness of not less than 0.010 inch and composed of thermoplastic synthetic polymeric materials.

PLASTIC CONTAINERS

Containers such as polyethylene terephthalate (PETE - No. 1) soda bottles, high-density polyethylene (HDPE - No. 2) milk, water or detergent bottles, low-density polyethylene (LDPE - No. 4) containers, vinyl (V - No. 3) or polyvinyl chloride (PVC - No. 5) bottles and rigid and foam polystyrene (PS - No. 6).

PRIVATE SCAVENGER

A carter which holds a tariff from the New Jersey Board of Regulatory Commissioners or license from the New Jersey Department of Environmental Protection and Energy.

RECYCLING CENTER

The area designated by the Borough as such where designated recyclable materials may be disposed of in the appropriate receptacles provided. The recycling center is located in an area at the rear of the Utility and Road Garages.

RECYCLING COORDINATOR

The Recycling Coordinator is responsible for overseeing the Recycling Center Operations at Sulak Lane whose duties shall include, but not be limited to all communication and enforcement matters at the recycling center; interacting with all residents' concerns; collecting and gathering any and all statements, reports and payments from outside vendors; disseminating information to the Compliance Officer, as necessary. The Recycling Coordinator shall be appointed on an annual basis at the annual reorganization meeting of the Mayor and Council.

REUSABLE RECEPTACLE

Those receptacles used to place commingled recyclable materials, grass clippings or yard waste at curbside for disposal. These receptacles shall be a reusable type (aluminum, plastic or metal) with a capacity no larger than 40 gallons.

SCRAP AUTOS

Crushed or shredded automobile or truck bodies, excluding auto shredder residue or fluff.

STEEL CANS

Rigid containers made exclusively or primarily of steel or tin-plated steel and steel and aluminum cans used to store food, beverages, paint and a variety of other household and consumer products.

STUMPS

Unfinished wood from commercial land-clearing activities. Note: This material must be recycled at a registered, exempted or pending Class B recycling facility. Contact the Recycling Coordinator for a list of registered facilities.

WHITE GOODS and LIGHT IRON

All appliances such as washers, dryers, refrigerators, stoves, hot-water heaters, tire rims, springs, bicycles, bimetal cans (tin cans) or scrap metal, as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums and other nonstructural ferrous scrap.

WOOD SCRAPS

Finished or unfinished lumber from construction or demolition projects. Included in this definition are telephone poles, railroad ties and wooden pallets. Note: This material must be recycled at a registered, exempted or pending Class B recycling facility. Contact the Recycling Coordinator for a list of registered facilities.

YARD WASTE

Brush, branches, twigs and thatch.

§ 64-11 Recycling Coordinator/Compliance Officer.

A. The position of Recycling Coordinator/Compliance Officer is hereby established within the Borough of Park Ridge. The Recycling Coordinator/Compliance Officer shall report to the Municipal Administrator.

B. The Recycling Coordinator/Compliance Officer shall be appointed by the Mayor with the advice and consent of the Council of the Borough of Park Ridge for a term of one year expiring December 31 of each year. The Recycling Coordinator/Compliance Officer may have additional duties at the direction of the Mayor and Council.

C. The Recycling Coordinator/Compliance Officer shall establish and promulgate reasonable rules and regulations as approved by the Mayor and Council of the Borough of Park Ridge. The rules and regulations shall provide for the manner, days and times for the collection, storage, transportation, sale and/or marketing of the recyclable materials and for obtaining and maintaining compliance with the provisions of this article.

D. The Recycling Coordinator/Compliance Officer shall annually submit a recycling tonnage report to the New Jersey Office of Recycling and other such reports required by the Bergen County Utilities Authority.

§ 64-12 Separation and collection of recyclables for one- to four-family homes.

[Amended 8-9-1988 by Ord. No. 88-10; 10-9-1990 by Ord. No. 90-21; 5-12-2009 by Ord. No. 2009-03]

A. Effective March 1, 2009, it shall be mandatory for all persons, lessees and occupants of one- to four-family residential properties to separate newspaper, glass containers, aluminum cans, plastic containers, ferrous scrap, leaves, white goods, tin cans, grass, automotive waste oil, yard waste and batteries (lead acid and household) waste from all other solid waste produced by such residences for collection/deposit and the ultimate recycling of said material.

B. Designation of recyclable materials.

[Amended 12-22-2009 by Ord. No. 2009-25]

(1) Mandatory. The following are identified as mandatory recyclable materials:

(a) Aluminum cans.

(b) Glass containers.

(c) Leaves.

(d) Grass.

(e) Newspapers/magazines.

(f) Ferrous scrap.

(g) White goods.

(h) Plastic containers.

(i) PET beverage containers.

(j) Bimetal (tin) cans.

(k) Lead acid batteries.

(l) Automotive waste oil.

(m) Yard waste.

(n) Rechargeable batteries.

(o) Electronic waste.

[Added 5-10-2011 by Ord. No. 2011-016]

C. Placement of materials. Separation, collection and disposal methods of designated recyclable materials.

(1) Commingled recyclable materials, including aluminum cans, glass, bimetal (or tin) cans, PET beverage containers and plastic bottles, shall be separated from other household waste and trash and placed in a common reusable container for curbside collection not to exceed 50 pounds in weight. The reusable container shall be placed at curbside for collection as scheduled by the Recycling Coordinator, to be collected by the Borough Scavenger. Commingled recyclable materials may also be disposed of in receptacles provided at the Municipal Recycling Center during posted hours of operation. Glass containers shall not be broken.

(2) Automotive waste oil shall be separated and disposed of in receptacles provided at the Municipal Recycling Center or authorized service station.

(3) Ferrous scraps and white goods shall be separated at curbside for collection after special arrangements have first been made with the Department of Public Works. Disposal may also be made in the receptacles provided at the Municipal Recycling Center.

(4) Grass or yard waste shall be placed in a reusable receptacle or a compostable bag, of a specific type designated by the Municipal Recycling Coordinator and placed at curbside the evening before the scheduled pickup each week, during the months designated by the Municipal Recycling Coordinator.

(5) Leaves (mandatory) shall be placed at curbside during the months of October through December, as provided by the collection schedule prepared by the Board of Public Works. During the months of January through September, residents are required to compost or mulch leaves on their private property, engage the services of a private landscaper for the removal of the same or bring leaves to a facility or site so designated by the Borough. In no event shall leaves be placed within 10 feet of any storm drain.

(6) Newspapers/magazines shall be secured and tied in bundles or placed in compostable bags, not to exceed 15 inches in height and 50 pounds in weight. Such bundles shall not be contained in plastic bags. These bundles shall be placed at curbside for collection on the designated days as scheduled by the Recycling Coordinator, to be collected by the Borough Scavenger. Bundles of newspaper/magazines may also be disposed of in receptacles provided at the Municipal Recycling Center.

(7) Yard waste shall be placed in a reusable receptacle or in compostable bags of a specific type designated by the Municipal Recycling Coordinator and placed at curbside the evening before the scheduled pickup each week, during the months designated by the Municipal Recycling Coordinator.

(8) Townhouse and apartment residents shall place mandatory recyclable items described in § 64-13 in designated areas within the respective complex for collection purposes. Newspapers/magazines must be bundled as described in Subsection C(6) above. Townhouses and apartment residents may also dispose of recyclable materials in receptacles provided at the Municipal Recycling Center during posted hours of operation.

(9) Rechargeable batteries shall be separated and individually packaged or taped at the terminal ends. They shall be separated and disposed of in the receptacle provided at the Municipal Recycling Center or at participating retail locations including Radio Shack, Best Buy, Staples, Target, Lowes, Home Depot, Sears, Walmart and Verizon Wireless. To find a retail collection site, use the collection site locator at www.call2recycle.org or call the consumer helpline, 1-877-2-RECYCLE.

[Amended 12-22-2009 by Ord. No. 2009-25]

(10) Electronic waste shall be separated and disposed of in the receptacle provided at the Municipal Recycling Center or at participating retail locations.

[Added 5-10-2011 by Ord. No. 2011-016]

D. Set-out time. For collection pursuant to a schedule announced by the Borough of Park Ridge, all approved containers must be placed at the curbline where easily accessible. No containers shall be set out prior to 5:00 p.m. on the day prior to collection, and all containers shall be removed by 8:00 p.m. on the collection day. When a regular collection day falls on a legal holiday, containers shall not be set out until the next regularly scheduled collection unless special announcement of collection is made by the Borough.

E. Solid waste wrapped in newspaper is permissible. Anything herein to the contrary notwithstanding, any person who is an owner, lessee or occupant may wrap solid waste in used newspapers and discard the same with regular solid waste.

F. Procedure upon refusal to collect. Any solid waste placed for collection by a residential user not in accordance with this section will be refused by the Borough Scavenger, and it shall be the responsibility of the residential user to remove said solid waste from the curbline by 8:00 p.m. on the day of collection and have it properly containerized, packaged or secured for purposes of collection on the next schedule date.

G. Washing aluminum, glass and plastic containers. All aluminum, glass, bimetal and plastic food containers must be washed, rinsed and have labels removed to be free of food residue before placing at curbside.

H. Recycling placard required for use of Municipal Recycling Center. Park Ridge residents may use the Municipal Recycling Center during posted hours of operation provided they are in possession of a current and valid recycling placard issued by the Park Ridge Borough Clerk.

[Added 3-8-2011 by Ord. No. 2011-005]

(1) The Mayor and Borough Council shall, by periodic adoption of a resolution, establish the number of placards and the distribution method of the recycling placards to each residential property, including any cost thereof for said recycling placards (either the original recycling placard issued or duplicate).

(2) When required, proof of residency must be presented when applying for said placard and/or use of the Municipal Recycling Center.

(3) Any person who violates any provision of this section or of the rules and regulations adopted pursuant thereto shall, upon conviction thereof, be punished by a fine not exceeding $500. Any subsequent offense shall be punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 10 days, or both. In addition, any recycling placards issued pursuant to this section shall be revoked upon conviction of a second offense and the subject residential property owner shall not be eligible for any future recycling placards. Any fine imposed hereunder shall constitute a lien upon the residential property owner until said fines and costs are paid in full.

§ 64-13 Separation and collection of recyclables for garden apartments, condominiums and townhouse complexes.

Effective April 1, 1988, it shall be mandatory for all owners, lessees and occupants of garden apartment, condominium and townhouse residential properties to comply with all the requirements contained in § 64-12 above. It shall be the obligation of the owner of the apartment complex or the condominium/townhouse association to provide an on-site storage and collection point for the recyclable materials. The Recycling Coordinator, solid waste contractor and the owner/association representative shall determine a schedule and method for the collection of said materials.

§ 64-14 Rules for commercial and industrial users.

[Amended 6-14-1994 by Ord. No. 94-7; 5-12-2009 by Ord. No. 03-2009]

A. Effective May 1, 2009, it shall be mandatory for all owners, lessees and occupants of any business, commercial and/or industrial properties and for all private, public and governmental institutions and buildings to separate the following materials from their solid waste stream and to cause said materials to be disposed of as recycled materials:

(1) All clean, mixed paper, including newspaper, magazines, office paper and high-grade paper.

(2) Cardboard and corrugated cardboard materials.

(3) Glass containers, aluminum cans and ferrous and nonferrous scrap, including white goods.

(4) Construction/demolition debris.

B. Separation, collection and disposal of designated materials.

(1) All materials itemized in Subsection A above, with the exception of construction/demolition debris, shall be separated and either disposed of by private scavenger, disposed of in receptacles provided at the Municipal Recycling Center with prior authorization by the Municipal Recycling Coordinator, or sold through a third-party recycler pursuant to Subsections D and E of this section.

(2) Construction/demolition debris shall be separated and disposed of by private scavenger or sold through a third-party recycler pursuant to Subsections D and E of this section.

C. Registration requirements. It shall be the responsibility of all owners, lessees and occupants of business and/or commercial properties to register annually with the Municipal Recycling Coordinator on forms provided by the Borough. The annual registration must be filed with the Recycling Coordinator on or before January 10 of each year. New businesses and/or commercial properties must file within 45 days of the issuance of a certificate of occupancy.

D. Reporting requirements. It shall be the responsibility of all owners, lessees and occupants of business and/or commercial properties to 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.

E. For those users who sell their recyclable materials through a third-party recycler, an exemption from the recycling program shall be requested by any owner, lessee or occupant of business and/or commercial properties by filing with the Recycling Coordinator the form entitled "Request for Exemption from Mandatory Municipal Recycling Program." The reporting requirements of Subsection D above shall remain in effect.

§ 64-15 Private disposal of recyclables.

Nothing in this article shall be deemed to prohibit any owner, lessee or occupant of residential property from disposing of recyclable materials privately through a sale or gift, provided that in no event shall such recyclable materials be disposed of as part of the solid waste pickup by the Borough of Park Ridge.

§ 64-16 Ownership after placement at curb.

From the time recyclable materials are placed at the curb by the owners, lessees or occupants for collection by the Borough of Park Ridge, such recyclable materials shall become the property of the Borough.

§ 64-17 Unauthorized collection prohibited; penalties.

A. It shall be a violation of this article for any person unauthorized to collect or pick up or cause to be collected or picked up or to receive any such recyclable materials without authorization, for any purpose whatsoever, once they have been placed at the curb. Each and any collection or receipt in violation of this article from one or more premises shall constitute a separate and distinct offense, punishable as hereinafter provided.

B. The penalties for violation of this provision shall be as follows:

(1) First offense: a fine of $50.

(2) Second offense: a fine of $100.

(3) Third and subsequent offenses: a fine of $500, 90 days in jail or both.

§ 64-18 Notification of public.

A. The Recycling Coordinator, upon adoption of this article, shall notify all persons owning, leasing or occupying property within the Borough of Park Ridge of the Borough's recycling responsibilities and the source-separation requirements of this article. This notice shall be by a mailing to all postal patrons within the Borough and by posting a notice in public places where public notices are customarily posted by the Borough.

B. After initial notification, the Recycling Coordinator may periodically notify all persons owning, leasing or occupying residential, commercial and institutional premises within the Borough of Park Ridge of local recycling opportunities and the source-separation requirements of this article. Said notification shall be done in a mailing to all postal patrons within the Borough and by posting a notice in public places where public notices are customarily posted by the Borough. The quarterly Park Ridge Newsletter may be used for this notification.

§ 64-19 Referrals to Planning Board.

This article shall be referred to the Planning Board of the Borough of Park Ridge for a revision of the Master Plan in accordance with N.J.S.A. 13:1E-99.16c, specifically with regard to the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of 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 the Subdivision and Site Plan Ordinance in accordance with this section.[1]

[1] Editor's Note: See Ch. 101, Zoning, and Ch. 87, Subdivision and Site Plan Review, respectively.

§ 64-20 Enforcement.

The enforcement of the provisions of this article shall be the responsibility of the Recycling Coordinator and/or Zoning Officer of the Borough of Park Ridge. The responsibility of monitoring the program for the adequacy of the collection and all other terms of the established rules and regulations is that of the Recycling Coordinator.

§ 64-21 Violations and penalties; use of fines.

A. Except for the penalties provided in § 64-17 above, any person, firm or corporation who, after receipt of reasonable notice of noncompliance, continues to violate or fails to comply with the provisions of this article or any rule or regulation promulgated pursuant to it shall be subject to the following violations and penalties:

(1) First offense: discontinuance of collection service until compliance is met.

(2) Second offense: fine of $25.

(3) Third offense: fine of $50.

(4) Fourth offense and thereafter: fine of $100, up to 30 days in jail or, as an alternative penalty, ordered to perform community service in a recycling program for a period of time not to exceed 240 hours of community service.

B. Fines levied and recovered for noncompliance with any and all provisions of this article shall be transmitted monthly by the Court Clerk to the Borough Treasurer and placed in the current fund and recorded as a dedication by rider to be utilized for the purposes of the Borough's recycling program, to include but not be limited to education, awareness and improvements in services, in accordance with the provisions of N.J.S.A. 40A:4-39.