[Amended 3-17-2008 by Ord. No. 2-2008]
As used in this article, the following terms
shall have the meanings indicated:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Morris County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include:
Cans made from aluminum that were manufactured to hold a
serving of a beverage. Specifically omitted from this definition are
aluminum foil and aluminum pie plates.
Branches, woody plants and other similar vegetative material.
Leaves and grass do not constitute brush.
Shipping containers made with kraft paper linerboard and
corrugated medium.
Bottles and jars made from glass, including clear, brown
and green glass. A bottle is defined as a receptacle having a narrow
neck and a mouth that can be corked or capped. A jar is defined as
a wide-mouthed container that can be capped. Caps and lids are not
included. Specifically omitted from this definition are drinking glasses,
windows, mirrors, light bulbs, and anything made of Pyrex® or
ceramic.
Vegetative material generated when grass (lawn) is cut.
Rechargeable batteries, such as nickel-cadmium, nickel-iron,
nickel metal hydride, lithium ion, small sealed lead acid, etc. These
are often used as substitutes for nonrechargeable batteries in standard
sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly
found in cordless tools, cellular and cordless phones, laptop computers,
cameras, remote controls, toys, etc. Also included in this definition
are nonrechargeable batteries that are hazardous, as defined by the
Resource Conservation Recovery Act ("RCRA"), regardless of the RCRA
exclusion of household waste from the definition of hazardous waste
pursuant to 40 CFR 261.4(b). Nonrechargeable, hazardous batteries
include older alkaline and carbon zinc batteries as well as silver
oxide, mercury and magnesium button-type batteries, etc. It should
be noted that domestically manufactured alkaline and carbon zinc nonrechargeable
batteries made after circa 1994 eliminated mercury content to the
point that they should not be considered RCRA hazardous and therefore
are not included in this material category.
Storage batteries in which the electrodes are grids of lead
containing lead oxides that change in composition during charging
and discharging and the electrolyte is dilute sulfuric acid. These
include starting batteries, such as car batteries, that deliver a
short burst of high power to start the engine. In addition, they may
include deep-cell batteries found on boats or campers used to power
accessories like trolling motors, winches or lights.
Vegetative material typically generated in the autumn when
they fall from trees and then are raked from residents' and/or commercial
lawns.
Appliances composed predominantly of metal, and may include
stoves, washing machines and dryers, for example, if the appliance
is predominantly metal. Also included are air-conditioners, refrigerators
and dehumidifiers if they are predominantly metal. If these appliances
on the latter list contain refrigerants that are prohibited by the
Clean Air Act from being knowingly vented, the refrigerant must be
recovered accordingly.
Various categories of recyclable paper, including but not
limited to white and colored paper used in printers, photocopiers
and fax machines, white and colored ledger paper, carbonless copy
paper, construction paper, undeliverable mail, mailed promotional
letters/advertisements/circulars, magazines, catalogues, envelopes,
and soft-cover books.
Logs, stumps, branches and other wood tree parts. Dimensional
lumber is omitted from inclusion in this definition.
A publication containing news, information and advertising,
usually printed on low-cost paper called "newsprint." Newspaper may
include glossy inserts which come with the paper, dependent upon the
market conditions at the time.
Nonhazardous soil that contains petroleum hydrocarbons (gasoline,
diesel, kerosene, jet fuel, No. 4 and No. 6 heating oils, and certain
other refinery products, including coal tar). This type of soil shall
be determined to be nonhazardous in accordance with the standards
set forth in N.J.A.C. 7:26.
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PLASTIC BOTTLES (CODED 1 AND 2) — Plastic
bottles coded to indicate that they are comprised of the specific
types of plastic compounds (polymers) known as "polyethylene terephthalate
(PETE)" or "high-density polyethylene (HDPE)." See symbols to the
left. A bottle is defined as a receptacle having a narrow neck and
a mouth that can be corked or capped. Caps and lids are not included.
Any item made of plastic that is not a bottle, and any plastic bottle
without one of the symbols shown to the left, is specifically omitted
from this definition. Empty bottles which contained hazardous materials,
such as motor oil, antifreeze, etc., should not be recycled.
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An airtight container for the distribution or storage of
goods, composed of thin, usually ferrous, metal. Examples are soup
cans and tuna fish cans.
Motor oil from motor vehicles, lawn mowers, boats, etc.,
which has served its intended useful purpose.
Tires that are whole, not chipped into small pieces. NOTE:
Tires are allowed to be recycled and/or incinerated for energy recovery.
A computer central processing unit and associated hardware,
including keyboards, modems, printers, scanners and fax machines;
a cathode-ray tube; a cathode ray-tube device; a flat-panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television; and cell phones.
Any building or structure or complex of buildings in which
three or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (see N.J.S.A.
14:1E-99.14a), and shall include hotels, motels, or other guest houses
serving transient or seasonal guests, as those terms are defined under
Subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law,
P.L. 1967, c. 76 (N.J.S.A. 55: 14A-1 et seq.).
The person or persons appointed by the governing body to
fulfill the requirements of the Morris County Solid Waste Management
Plan and the New Jersey Statewide Mandatory Source Separation and
Recycling Act[1] and those rules and regulations promulgated therefor.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Borough
of Riverdale which is not bulky waste or construction and demolition
debris.
Those materials which would otherwise become solid waste
and which may be collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et
seq.
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 Borough of Riverdale,
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 Borough of Riverdale.
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16.6(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 article which require
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.
As set forth in N.J.S.A. 13:1E-99.13.3b(4)(c),
the Borough of Riverdale accepts the goal of 50% recycling of municipal
solid waste by 2015 and shall monitor its level of recycling and solid
waste disposal and shall strive to achieve the recycling of 50% of
the municipal solid waste generated within its borders.
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 but
no later than 6:00 a.m. of 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.
B.
All receptacles or dumpsters shall be maintained in
accordance with the Health Code of the Borough of Riverdale. The owner
of any property shall be responsible for compliance with this article.
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.
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 his or her 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 receptacles
and shall provide for separate recycling service for their contents.
C.
Every business, institution, or industrial facility
shall report on an annual basis 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.
A.
Any application to the Planning Board of the Borough
of Riverdale for subdivision or site plan approval for the construction
of multifamily dwellings of three or more units, single-family developments
of 50 or more units, or any commercial, institutional, or industrial
development for the utilization of 1,000 square feet or more of land
must include a recycling plan. This plan must contain, at a minimum,
the following:
(1)
A detailed analysis of the expected composition and
amounts of solid waste and recyclables generated at the proposed development;
and
(2)
Locations documented on the application's site plan
that provide for convenient recycling opportunities for all owners,
tenants, and occupants. The recycling area shall be of sufficient
size, convenient location and contain other attributes (signage, lighting,
fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
B.
Prior to the issuance of a certificate of occupancy
by the Borough of Riverdale, 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
Municipal Engineer.
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.
A.
The Code Enforcement Official, the Department of Health,
the Recycling Coordinator, the Property Maintenance Official, the
Housing Officer, and the Morris 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.
B.
The Director of Public Works and/or his designee and the Recycling Coordinator are hereby authorized and directed to enforce all provisions of Chapter 108, Article I, Separation of Certain Designated Materials and Recyclables. The Director of Public Works is authorized to delegate authority to the Municipal Recycling Coordinator to structure the recycling program in the following manner:
(1)
Promulgate necessary schedules and instructions which,
as from time to time amended, become enforceable provisions of this
section when approved by the governing body.
(2)
Supervise activities at recycling centers and collection
points.
(3)
Submit to the governing body timely budget estimates
to conduct this activity.
(4)
Designate personnel, as necessary, and make them available
to supervise recycling and collection sites.
(5)
Plan for and furnish storage facilities for recyclables.
(6)
Record and report, as required, volumes of recyclables
collected, stored, sold and otherwise disposed.
(7)
Maintain supplies of forms and distribute them to
businesses and collectors, respectively, as required.
(8)
Inspect solid waste containers at random times and
places to verify compliance with this article.
A.
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 $25 nor
more than $1,000. Each day for which a violation of this article occurs
shall be considered a separate offense.
B.
Fines levied and collected pursuant to the provisions
of this article shall be immediately deposited into the Municipal
Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling
Trust Fund shall be used for the expenses of the municipal recycling
program.
