[HISTORY: Adopted by the Mayor and Council
of the Borough of Chester 6-17-2008 by Ord. No. 2008-13.[1] Amendments noted where applicable.]
As set forth in N.J.S.A. 13:1E-99.13.3.b.(4)(c),
the Borough of Chester accepts the goal of recycling 50% 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.
As used in this chapter, the following terms
shall have the meanings indicated:
Cans made entirely of aluminum which were used to hold beverages.
Specifically excluded are cans of other types of materials and other
aluminum products such as foil, pie pans and aluminum siding.
Asphalt composed tiles which are used to cover the roofs
of houses or other buildings.
Any nonresidential building or establishment, including,
but not limited to, those used for retail, wholesale, dining, offices,
professional services, shipping and receiving areas and cafeterias.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
An enclosed area wherein grass clippings shall be placed
for their decomposition through a process of microbial degradation,
ultimately producing a stable, humus-like material called compost.
Waste resulting from the construction, destruction or demolition
of structures or buildings, including, but not limited to, materials
such as scrap material, concrete blocks, broken concrete and timbers.
The term used to identify a type of paper in which a portion
has been made to have a wavy surface (alternating ridge and grooves)
and is placed between two flat surfaces for the sake of strength and
which is commonly used to form cartons, including, but not limited
to, shipping containers made with kraft paper, linerboard and corrugated
medium.
Those recyclable materials listed in the Morris County District
Recycling Plan which are mandated to be source separated. Such materials
shall include the following: glass (bottles and jars), aluminum beverage
cans, newspaper and yard waste (residentially); glass, aluminum cans,
corrugated cardboard and office paper for commercial and institutional
establishments. Herein will also include any additional materials
stipulated by the Borough of Chester for recycling or any materials
which shall hereafter, pursuant to the Morris County District Recycling
Plan, be mandated to be source separated for recycling, such as tin
cans, plastic, oil, tires, bulk metal, etc.
(To be included in those instances where a recycling program
has been, or will be, established for these materials. Additionally,
the following definition may be changed to reflect individual municipal
program requirements.) 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, but not limited to, televisions, and cell phones.
Made entirely of tin or steel which were used to store beverages
or foodstuffs. Specifically excluded are other tin or steel products
in the form of a can.
Clear plastic bags to be used to collect solid waste for
disposal, securely tied at the top.
Empty 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 not
included in the definition of glass and are to be treated separately.
Specifically omitted from this definition of glass are drinking glasses,
windows, mirrors, light bulbs, and anything made of Pyrex® or
ceramic.
Vegetative material generated when grass (lawns) is cut.
Waste that is hazardous to human health, living organisms,
or the environment, by reason of its pathological explosive, radiological
or toxic characteristics, or designated as such by state or federal
statute or regulation.
All waste, including solids, semisolids, sludge and liquids
resulting from industrial processes and/or manufacturing operations.
An established organization or foundation dedicated to public
service or culture, including, but not limited to, religious, educational,
health care, and governmental establishments.
Vegetative material, typically generated in the autumn when
they fall from trees and then are raked from residential properties
within the Borough.
[Amended 11-23-2021 by Ord. No. 2021-20]
Any waste generated during treatment of a patient other than
from an individual household source, including, but not limited to,
all instruments, supplies, containers, etc., used by health-care facilities
as described in the New Jersey Department of Health Regulations and
N.J.S.A. 2A:170-25.17.
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,
soft-cover books.
Oil used to lubricate automobile engines.
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 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. 55:13A-1 et seq.).
Person or persons appointed by the municipal 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 and those rules and regulations promulgated therefor.
Person or persons named by the municipality who shall fulfill
the responsibilities with respect to recycling enforcement coordination
detailed in the March 2007 Morris County Solid Waste Management Plan
Amendment Section 8.6. This person may be the same person designated
as the Municipal Recycling Coordinator.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Borough
of Chester which is not bulky waste or construction/demolition debris.
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 must
be determined to be nonhazardous in accordance with the standards
set forth in N.J.A.C. 7:26.
High-grade papers, generally used in offices, that are of
high quality and do not have a glossy finish, including, but not limited
to, computer, letterhead, ledger and photocopy paper.
Plastic bottles (coded 1 and 2) 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 below. 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 in this definition of plastic containers. Any item
made of plastic that is not a bottle, and any plastic bottle without
one of the symbols shown below is specifically omitted from this definition.
Empty bottles which contained hazardous materials, such as motor oil,
antifreeze, etc., should not be recycled and are not included in this
definition for purposes of this section.
 |
Used newspapers, glass, aluminum cans and all other materials which are defined with more particularity as designated materials in Article I, Recycling.
Any person who owns, leases and/or occupies dwellings within
the Borough of Chester, including those in multifamily dwellings and/or
single-family developments.
All garbage and rubbish normally generated by the residents
and occupants of property, disposed of by public and/or private collection
and defined as "solid waste" by the New Jersey Solid Waste Management
Act (N.J.S.A. 13:1E-3), but exclusive of recyclable materials, medical
waste, industrial waste, hazardous waste and construction debris.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
Process by which recyclable materials are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
Logs, branches and other natural wood waste greater in diameter
than brush, which is defined under yard waste herein.
The rubberized material surrounding the wheel of a vehicle.
Motor oil from motor vehicles, lawn mowers, boats, etc.,
which has served its intended useful purpose.
Batteries used by vehicles.
Tires that are whole, not chipped into small pieces.
A.Â
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 Chester,
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. Designated recyclable materials shall be placed
separately at the curb in a manner and on such days and times as may
be hereinafter established.
B.Â
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 this chapter 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 chapter, 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.
A.Â
Residents shall separate designated materials from
all other solid waste and shall segregate such designated materials.
B.Â
Residents shall place designated materials at curbside
on the day(s) of the month as set by the Mayor and Council of the
Borough of Chester.
C.Â
Residents shall place designated materials for recycling
at curbside in the following manner:
(1)Â
Mixed bottles and cans, including aluminum cans, rinsed
and crushed, ferrous cans (rinsed), glass bottles and jars (rinsed),
caps removed, plastic containers coded as type 1 or type 2 (rinsed),
caps removed.
(2)Â
Mixed paper: piled or stacked in its own container.
(3)Â
Newspaper: cross-tied into bundles no larger than
12 inches high.
(4)Â
Corrugated cardboard: bundled or boxed.
D.Â
Residents shall dispose of grass clippings by either constructing a compost heap upon their property or by allowing the grass clippings to decompose where cut. Grass clippings and/or yard waste shall not be swept into or along any street or into any storm sewer system. Leaves may be composted by property owners or collected by the Borough pursuant to § 192-79.
[Amended 11-23-2021 by Ord. No. 2021-20]
E.Â
In addition to source separating newspapers for curbside
recycling, residents of units may bring newspapers, bundled as described
herein, to the shed on Collis Lane in the Borough of Chester.
F.Â
All of the aforementioned provisions may from time
to time be modified by the Municipal Recycling Coordinator or the
Mayor and Council of the Borough of Chester to the extent that procedures
are developed to have their recyclables recycled.
G.Â
Commercial establishments shall source separate designated materials for recycling. Each establishment shall either establish its own recycling program for the collection, transportation and marketing of designated recyclable materials or participate in the Borough of Chester's curbside recycling program for a monthly fee to be set by the Mayor and Council of the Borough of Chester. Documentation of tonnage of material recycled is to be submitted in accordance with § 201-6.
H.Â
Institutions shall source separate designated materials for recycling. Each institution shall either establish its own recycling program for the collection, transportation and marketing of designated recyclable materials or participate in the Borough of Chester's curbside recycling program for a monthly fee to be set by the Mayor and Council of the Borough of Chester. Documentation of tonnage of material recycled is to be submitted in accordance with § 201-6.
I.Â
Glass, aluminum cans, ferrous cans, plastic containers,
corrugated cardboard and mixed paper may also be recycled by depositing
such recyclables in their respective bins at the recycling depot located
at 300 Main Street, Chester, New Jersey. The hours of operation of
the recycling depot shall be set by separate resolution of the Mayor
and Council of the Borough of Chester.
J.Â
Asphalt roofing shingles, electronic equipment, including
televisions, computers telephones and household electronics, solvent-based
paints, waste organic solvents in homeowner quantities, vehicular
batteries and whole tires shall not be placed at curbside for recycling
but shall be deposited as directed by Morris County at designated
recycling centers on designated days. Dry cell batteries may be recycled
at the Chester Library. Used motor oil may be taken in sealed containers
to any approved oil recycling station (most automobile service stations.)
The collection of recyclable material shall
be in the manner prescribed as follows:
A.Â
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, or at the recycling depot at 300 Main Street or the
shed on Collis Lane, Chester, New Jersey, and are the property of
the Borough of Chester or its authorized agent. 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.Â
It is a violation of this section for any person unauthorized
by the Borough of Chester to collect or pick up or cause to be collected
or picked up any such recyclables. Any and each such collection in
violation hereof shall constitute a separate and distinct offense.
A.Â
All commercial, institutional, multifamily or single-family
developments which are not serviced by municipal recycling collection
systems must submit recycling documentation on a quarterly basis to
the Municipal Recycling Coordinator. Due dates for report periods
are as follows:
|
Reporting Period
|
Due Date
| |
|---|---|---|
|
January 1 to March 31
|
April 15
| |
|
April 1 to June 30
|
July 15
| |
|
July 1 to September 30
|
October 15
| |
|
October 1 to December 31
|
January 15
|
B.Â
The Municipal Recycling Coordinator will compile all
recycling documentation and report to the county recycling coordinator
on a quarterly basis by the end of the month of the months stated
above under due dates.
C.Â
Those not complying will be subject to enforcement
penalties.
Any person who is an owner, lessee or occupant may donate or sell recyclable materials to any person, partnership or corporation (whether operating for profit or not for profit), as long as the recycling individual or company submits documentation to the Municipal Recycling Coordinator as described in § 201-6.
The Municipal Police Department of the Borough
of Chester, the Code Enforcement Official, the Department of Health,
the Recycling Coordinator, the Property Maintenance Official, the
Housing Officer, and the Morris County Office of Health Management
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.
A.Â
It shall be unlawful to combine designated, unsoiled
recyclables with other solid waste or fail to source separate designated
materials for recycling.
B.Â
It shall be unlawful for solid waste collectors to
collect solid waste that contains visible signs of designated recyclable
materials or remove for disposal those bags or containers of solid
waste/recyclables which visibly display a warning notice, sticker,
or some other device indicating that the load of solid waste should
not be removed for disposal.
C.Â
It shall be unlawful to fail to properly segregate
uncollected waste for proper recycling or to allow such unseparated
refuse to accumulate.
A.Â
Inspections. Random inspections shall be made by authorized
enforcement agents of the Borough of Chester of the garbage set out
for disposal by all residential, institutional and commercial inhabitants
of the Borough of Chester in order to determine whether recyclables,
as defined by this article, are contained therein.
B.Â
Rate of inspections. Until the Borough of Chester
reaches its established goal of twenty-five-percent reduction through
source separation and recycling, according to state and county criteria,
random inspections shall be conducted at a minimum rate of 10% of
commercial/institutional establishments per quarter and 10% of the
multifamily/single-family developments per quarter.
C.Â
Time of inspections. Random inspections may be made
only of garbage set out for disposal, by authorized agents of the
Borough of Chester, at any time during the day or nighttime hours.
D.Â
Quarterly reports. Implementation of random inspections
shall be identified on quarterly tonnage reports and filed with the
Clerk of the Borough of Chester.
E.Â
Penalties. Violators of source separation and recycling
of mandated recyclable materials, as established in this article,
shall be subject to a penalty of $25 per offense.
Every person, persons or corporation who shall
transport any waste material through or along any street in the Borough
shall use a vehicle properly constructed and furnished so as to prevent
escape of the contents thereof.
A.Â
Dates of collection of nonrecyclable solid waste shall
be established by resolution of Mayor and Council of the Borough of
Chester. In the event of emergency situations and inclement weather,
such as snow storms, the Borough may suspend or otherwise modify the
provisions of this article, and collection will resume on the next
regularly scheduled collection day.
B.Â
The Borough shall provide a list of days which shall
constitute holidays, on which days collections will not be made.
A.Â
Residents receiving garbage collection services from
the Borough shall dispose of solid waste by placing such solid waste
in a single ninety-six-gallon or a single sixty-five-gallon container
provided by the Borough as part of its automated trash collection
program. Said container shall be placed at the street curb of the
premises or edge of the pavement in front of the premises for pick
up on the days prescribed by resolution from time to time. Replacement
containers must be purchased from the Borough if it has containers
available, or from the waste hauler if the Borough does not have containers
available, unless the hauler acknowledges that it damaged a container
and necessitated its replacement.
[Amended 6-16-2020 by Ord. No. 2020-07]
B.Â
All garbage cans, containing garbage bags filled with
solid waste, shall be placed as described above by 6:00 a.m. of the
collection day, and shall be removed from the curb or pavement edge
by 7:00 p.m. of the evening of the collection day. These times may
be hereafter modified by resolution of the Borough.
C.Â
Properties shall be permitted to place solid waste
for collection pursuant to this article and as further provided by
the Borough which shall regulate the type and number of garbage bags
and garbage cans to be used and shall provide for a collection schedule
subject to limitations of the solid waste utility budget.
D.Â
It shall be the responsibility of residents and commercial
establishments to maintain the roadways used for solid waste collection
free from vegetative overgrowth and other obstructions.
E.Â
Hours of collection. There shall be no collection
of solid waste within the Borough before the hour of 7:00 a.m. or
after 5:00 p.m.
A.Â
The following items are prohibited from being placed
for nonrecyclable solid waste collection, as defined hereinabove:
B.Â
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.
C.Â
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 chapter and the
local sanitary code.
D.Â
Once placed in the location identified by this chapter,
or any rules or regulations promulgated pursuant to this chapter,
no person, other than those authorized by the municipality, shall
tamper with, collect, remove, or otherwise handle designated recyclable
materials.
A.Â
The owner and/or occupant of any property shall be
responsible for compliance with this chapter. 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.
B.Â
Domestic or household bulky items, such as washing
machines, dryers, refrigerators, stoves, household appliances and
other household furnishings, such as chairs, sofas, rugs, padding,
etc., shall be placed at the curb for collection with the required
stickers attached, per the schedule established by resolution by the
governing body. No bulky item shall be of a weight or be of a size
greater than can be conveniently handled by two persons.
A.Â
All nonresidential generators, including commercial,
industrial and institutional establishments, of solid waste shall
be required to comply with the provisions of this chapter.
B.Â
The arrangement for collection of designated recyclables
hereunder shall be the responsibility of the commercial, institutional
or industrial property owner or their 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.Â
All nonresidential facilities shall report on an annual
basis to the Municipal Recycling Coordinator, on such forms as may
be prescribed, on recycling activities at their premises, including
the amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service.
D.Â
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.
Residents and their agents, who place materials
not in accordance with this article, shall hold harmless and indemnify
for any or all losses the Borough its employees and agents for all
costs, direct and indirect, which are attributable, in the sole discretion
of the Borough for materials which were placed for collection in violation
of the terms of this article.
The Borough shall appoint a Solid Waste Coordinator
required to act as liaison with Morris County and New Jersey State
solid waste officials, keep records and perform the annual tonnage
grant application process.
[Amended 11-23-2021 by Ord. No. 2021-20]
The costs associated with the collection and
disposal of solid waste and leaves shall be recovered as may be provided
in the contract or contracts made by the Borough of such services,
plus uniform fees fixed from time to time by resolution of the Borough
Council and collected from the property owners to whom the service
is available.
A.Â
Each such collection in violation of this article
and each day a violation or neglect is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such.
B.Â
Any person, firm or corporation who violates or neglects
to comply with any provisions of this article or any rule, regulation
or directive promulgated pursuant thereto shall be punishable, upon
conviction thereof, by a fine of $50 for the first offense and thereafter
by a fine not to exceed $2,000 or by up to 90 days in jail, or both
for any subsequent offense. If permitted by general law, a convicted
person may be ordered to perform community service.
C.Â
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.
In the event that it is determined, by a court
of competent jurisdiction, that any provision or section of this chapter
is unconstitutional, all other sections and provisions shall remain
in effect. This chapter shall take effect immediately, unless otherwise
provided by resolution of the governing body.
