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City of Hoboken, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 3-2-2011 by Ord. No. Z-91.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and litter — See Ch. 110.
[1]
Editor's Note: This ordinance also repealed former Ch. 151, Recycling, adopted 9-7-1988 by Ord. No. P-18, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
ASEPTIC AND GABLE-TOP FOOD AND BEVERAGE CONTAINERS
Includes shelf-stable and refrigerated cartons made from paper in the form of paperboard and thin layers of polyethylene (plastic) used in the storage of food and beverages.
[Added 2-5-2020 by Ord. No. B-222]
CARDBOARD
Includes cardboard containers used primarily for the packaging, boxing and/or transporting of products of any type.
CARDBOARD AND PAPER RECYCLING
Includes cardboard containers used primarily for the packaging, boxing and/or transporting of products of any type, and mixed paper. Cardboard shall be flattened and secured.
[Added 2-5-2020 by Ord. No. B-222]
CITY OF HOBOKEN
For purposes of this chapter, shall include the municipal corporation, its officers and employees, and any authorized agent.
COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS
Includes all public or private business entities, including but not limited to those manufacturing, retailing and/or service establishments; food establishments in business for the purpose of consumption, on or off premises, as well as food distribution and/or processing; and professional and/or nonprofit or for-profit incorporated entities.
COMMINGLED RECYCLING
A combining of source-separated recyclable materials, including metal food and beverage containers, glass food and beverage containers, aseptic and gable-top food and beverage containers, and plastics (Nos. 1, 2, and 5) for the purpose of recycling. Commingled recycling shall be empty, clean, and dry.
[Amended 2-5-2020 by Ord. No. B-222]
COMPOSTING
A process by which organic materials are recycled into humus (similar to topsoil).
[Amended 2-5-2020 by Ord. No. B-222]
DESIGNATED RECYCLABLE MATERIALS
Includes all materials designated in the Hudson County District Solid Waste Management Plan and/or the municipality to be source-separated from the solid waste stream for the purpose of recycling. These materials are metal food and beverage containers; cardboard; glass food and beverage containers; yard waste; leaves; masonry (asphalt, brick, block and concrete); mixed paper; used motor oil; used motor oil filters; aseptic and gable-top food and beverage containers; plastics (Nos. 1, 2, and 5); tires; lead acid batteries; white goods; and untreated wood.
[Amended 2-5-2020 by Ord. No. B-222]
DUAL-STREAM RECYCLING
A separating of commingled recycling from cardboard and paper recycling for the purposes of curbside recycling collection.
[Added 2-5-2020 by Ord. No. B-222]
DWELLING UNIT
A single residential living space within any one-family, two-family or multifamily dwelling, whether within an apartment building, high-rise structure, condominium or cooperative.
ELECTRONIC WASTE
A computer central processing unit and associated hardware, including keyboards, modems, printers, scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat-panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including televisions and cell phones.
FERROUS SCRAP METAL
Includes all discarded products made of steel, or ferrous metal, cast iron components.
GLASS FOOD AND BEVERAGE CONTAINERS
Includes all bottles and jars made entirely of glass and used in the storage of food and beverages. Specifically excluded are blue glass and flat glass commonly known as "window glass," light bulbs and fixtures, ceramics and china. Flint (clear), amber (brown) and green glass will be accepted.
HAZARDOUS WASTE
Includes all waste as defined in N.J.S.A. 13:1E-38 and 13:1E-51 and N.J.A.C. 7:26-8.1 et seq.
HOBOKEN RECYCLING CENTER
Municipal public works garage located at 256 Observer Highway with normal business hours Monday through Friday from 9:00 a.m. to 4:00 p.m. and Saturday from 9:00 a.m. to 1:00 p.m.
[Added 2-5-2020 by Ord. No. B-222]
LEAD ACID BATTERIES
Storage batteries with lead electrodes that contain dilute sulfuric acid as the electrolyte, including starting batteries such as vehicle batteries, marine batteries and deep cell batteries used to power vehicles or marine accessories such as trolling motors, winches or lights.
LEAVES
Specifically, foliage from plants and trees only.
METAL FOOD AND BEVERAGE CONTAINERS
Includes all cans, including aluminum, tin, and steel used in the storage of food and beverages. Specifically excluded are aerosol cans.
[Amended 2-5-2020 by Ord. No. B-222]
MIXED PAPER
Includes all newspaper, high-grade paper, bond paper, office paper, paperback books, school paper, catalogues, telephone books, "junk mail," magazines, advertisements, nonwhite paper and similar cellulosic material, shredded or whole.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings in which three or more dwelling units are rented or leased, or offered for rental or lease, for residential purposes (See N.J.S.A. 13:1E-99.13a), except hotels, motels or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (i) of Section 3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
MUNICIPAL SOLID WASTE
All solid waste generated at residential, commercial and institutional establishments within the boundaries of the City of Hoboken.
PHYSICALLY DISABLED
As defined by the Americans with Disabilities Act,[1] which determination must be verified by a medical physician.
PLASTICS
Includes all forms of soft and/or hard plastic (Nos. 1, 2, and 5). Specifically excluded are plastic films, plastic bags, and polystyrene.
[Amended 2-5-2020 by Ord. No. B-222]
PUBLIC OR PRIVATE INSTITUTIONS
Includes all municipal and state government facilities; all religious, educational and health care facilities; any and all public and/or private civic organizations; and all nonprofit or for-profit organizations.
RECYCLING
The process by which designated materials, which would otherwise become solid waste, are separated, collected, processed and returned to the economic mainstream in the form of raw materials or products.[2]
SOURCE
Any establishment, dwelling or other property within the City of Hoboken seeking to dispose of solid waste and recyclables pursuant to this chapter.
SOURCE-SEPARATED
The process by which recyclable materials are separated from solid waste at the point of generation by the generator thereof for the purposes of recycling.
SOURCE-SEPARATED MATERIALS
Recyclable materials which are separated from solid waste at the point of generation by the generator thereof for the purposes of recycling.
USED MOTOR OIL
All waste crank case oils used with internal combustion engines, generators, turbines, etc.
WHITE GOODS
Includes household or commercial appliances made of smooth finished metal, usually painted white or covered with a white metallic covering, such as refrigerators, stoves, washing machines, dryers and air conditioners, and other household or commercial appliances. All large appliances must have all locking doors removed when placed to the curb for collection. White goods are also known as "metal appliances" and/or "appliances."
YARD WASTE
Includes grass clippings, hedge trimmings, Christmas trees, twigs, sticks, branches and/or shrubbery.
[Amended 2-5-2020 by Ord. No. B-222]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[2]
Editor’s Note: The former definition of "single stream," which immediately followed this definition, was repealed 2-5-2020 by Ord. No. B-222.
A. 
The following designated recyclable materials are to be source-separated:
[Amended 2-5-2020 by Ord. No. B-222]
(1) 
Commingled recycling.
(2) 
Cardboard and paper recycling.
(3) 
Leaves.
(4) 
Yard waste.
(5) 
White goods.
(6) 
Electronic waste.
(7) 
Ferrous metal.
(8) 
Lead acid batteries.
(9) 
Tires.
(10) 
Untreated wood.
(11) 
Masonry.
(12) 
Used motor oil and motor oil filters.
B. 
This above list may be amended and increased as markets develop for other materials in the municipal solid waste stream or as required by the State of New Jersey or Hudson County.
[Amended 2-5-2020 by Ord. No. B-222]
Mandatory source separation. It shall be mandatory for all owners, tenants or occupants of dwelling units, except those physically disabled, and all owners, tenants and occupants, except those physically disabled, of business, commercial and/or industrial establishments, and all owners, tenants and occupants, except those physically disabled, of private, public and governmental institutions and facilities to separate the materials listed in § 151-2 from solid waste and to recycle said materials in the following manner:
A. 
Curbside collection of designated recyclable materials:
(1) 
All sources shall be allowed to place commingled recycling, cardboard and paper recycling, leaves and yard waste, white goods, and electronic waste at curbside in a manner and according to a schedule promulgated and published by the City of Hoboken, no earlier than 9:00 p.m. in the limited business area and 7:30 p.m. outside of the limited business area on scheduled collection days.
(2) 
Commingled recycling shall be separated from cardboard and paper recycling, as dual-stream recycling.
(3) 
All private recycling receptacles or dumpsters shall be maintained in accordance with the Health Code of the City of Hoboken. All private recycling receptacles shall have a lid to prevent designated recyclables from being contaminated by rainwater or other contaminants.
B. 
Dropoff of designated recyclable materials at the Hoboken Recycling Center: Designated recyclable materials (other than masonry) may be dropped off at the Hoboken Recycling Center during normal business hours.
C. 
Leaves:
(1) 
Residents may compost on the property of the owner or shall place leaves at the curb in bags in accordance with all applicable regulations on collection day(s) designated by the City of Hoboken.
(2) 
Leaves shall be placed in containers authorized by the City of Hoboken for composting.
D. 
White goods:
(1) 
All locking doors must be removed from white goods items (appliances) prior to being placed outside for pickup.
(2) 
White goods shall be placed outside the gate or building on the curb for collection on the day(s) to be established by the City of Hoboken or its authorized agent.
E. 
Motor oil and antifreeze: The City of Hoboken will not pick up motor oil and antifreeze. Used motor oil and antifreeze shall be delivered to the City of Hoboken Recycling Center or an authorized motor oil or antifreeze recycling center for recycling.
F. 
Lead acid batteries: The City of Hoboken will not pick up lead acid batteries. Lead acid batteries shall be delivered to the City of Hoboken Recycling Center or a lead acid battery recycling center for recycling.
G. 
Electronic waste:
(1) 
Electronic waste shall be placed outside the gate or building on the curb for collection in accordance with all applicable regulations on the day(s) to be established by the City of Hoboken or its authorized agent.
(2) 
Electronic waste may also be delivered to the City of Hoboken Recycling Center or an electronic recycling center for recycling.
H. 
Masonry (asphalt, brick, block and concrete). The City of Hoboken will not accept masonry. Masonry shall be disposed of for recycling in accordance with applicable state and federal regulations.
I. 
Untreated wood. The City of Hoboken will not pick up untreated wood. Untreated wood shall be delivered to the City of Hoboken Recycling Center for recycling.
A. 
The City of Hoboken may use municipal personnel to collect the recyclable materials set forth herein at curbside and/or at collection or pickup site(s), as determined. The City of Hoboken shall have the right to sell said recyclable materials pursuant to N.J.S.A. 40A: 11-1 et seq.
B. 
The City of Hoboken shall have the right to enter into agreements with qualified persons, partnerships, corporations or other business entities for the purpose of authorizing to the entity to collect all said recyclable materials, or any portion thereof, at curbside or collection or pickup site(s).
C. 
The Department of Environmental Services shall, upon receipt of a completed and approved application, issue permits to any person or civic, fraternal, nonprofit or for-profit organization and authorize a dropoff collection point(s) for the aggregation of certain specific recyclable materials. Issuance of a permit shall not, however, authorize said person or civic, fraternal, nonprofit or for-profit organization to pick up or collect said specific recyclable materials from any curbside or from any designated municipal collection or pickup site(s) in the City of Hoboken.
D. 
The Mayor of the City of Hoboken, with the assistance of the Director of Environmental Services, is hereby authorized and directed to negotiate and to enter into contracts for the collection, composting and/or marketing of designated recyclable materials as may be determined, or to place same out to bid, if required, by the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
[Amended 2-5-2020 by Ord. No. B-222]
E. 
The City of Hoboken may utilize its own personnel to collect designated recyclable materials, or may contract out the cost of said collection as may be determined to be in the best interests of the municipality.
[Amended 2-5-2020 by Ord. No. B-222]
A. 
Recyclable material, as defined herein, shall be the property of the City of Hoboken once placed at the designated collection or pickup site(s) authorized by the City of Hoboken.
B. 
It shall be a violation of this chapter for any person unauthorized by the City of Hoboken to pick up or cause to be picked up said recyclable materials as defined herein. Any such collection will be illegal and in violation hereof and shall constitute a separate and distinct offense, punishable as hereinafter provided.
C. 
The Director of Environmental Services and/or Recycling Coordinator shall have the authority to issue permits to authorized individuals and organizations to pick up or cause to be picked up recyclable materials on designated collection days.
[Amended 2-5-2020 by Ord. No. B-222]
A. 
Anything herein to the contrary notwithstanding, any owner, tenant or occupant of a dwelling unit, public or private institution, or commercial or industrial establishment may donate or sell said recyclable materials, as defined herein, to any person, partnership or corporation whether or not operating for profit.
B. 
Any owner, tenant or occupant of any dwelling unit, public or private institution, and commercial or industrial establishment within the City of Hoboken actively participating in a recycling program, which is not operated by the City of Hoboken, shall submit a yearly verification of the tonnages and markets of materials recycled.
C. 
The yearly verification shall be submitted to the Recycling Coordinator according to a schedule to be established by the Recycling Coordinator after inception of this program. Failure to do so may cause the program to be terminated at the option of the Recycling Coordinator of the City of Hoboken.
[Amended 2-5-2020 by Ord. No. B-222]
A. 
On and after the adoption of this chapter, the Director of Environmental Services and/or Recycling Coordinator of the City of Hoboken shall establish the day(s) and time(s) of collection and the collection or pickup site(s) designated for the collection of designated recyclable materials for the purpose of recycling.
B. 
Notification of the designated collection or pickup day/days and the designated collection or pickup site(s) for designated recyclable materials shall be published in the official newspapers and/or media sources for a continuous period of not less than six days, at least 10 days prior to the first scheduled collection/pickup date. At the City's discretion, notification may be made by the mailing of a newsletter or brochure sent as an attachment to each property owner's municipal property tax bill, indicating the designated dates and collection or pickup site(s).
A. 
It shall be each property owner's responsibility in the City of Hoboken to inform all occupants of his or her property of the provisions of this chapter and the designated collection regulations.
B. 
Each property owner in the City of Hoboken shall provide adequate storage containers with lids (minimum twenty-gallon capacity, but not to exceed forty-eight-gallon capacity or 50 pounds in weight) for the storage of commingled recycling and cardboard and paper recycling.
[Amended 2-5-2020 by Ord. No. B-222]
(1) 
All recycling storage containers shall have a lid to prevent designated recyclables from being contaminated by rainwater or other contaminants.
(2) 
Each storage container with a lid for recyclables shall have two "Hoboken Recycles" decals, one on the container lid and one on the container side. The City may provide storage containers with the Hoboken Recycles symbol at the City of Hoboken Recycling Center as an alternative to this requirement.
(3) 
Every property owner shall provide adequate storage containers for commingled recycling and cardboard and paper recycling; however, as a minimum, at least eight gallons of storage space shall be provided for each residential dwelling unit.
(4) 
Property owners shall place the storage containers for recyclables in an area of their property accessible to occupants of the property to dispose of commingled recycling and cardboard and paper recycling seven days a week.
(5) 
It is the property owner's responsibility to have recyclable storage containers placed at curbside for collection on the designated collection day(s) and time(s) only.
C. 
For multifamily/high-rise housing developments, the management or property owner is responsible for setting up and maintaining the recycling system, including collection of commingled recycling and cardboard and paper recycling, and placement at curbside for collection on the designated collection day(s) and time(s) only. Violations and penalty notices may be directed to the property owner or registered agent as defined in § 168-29. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
[Amended 2-5-2020 by Ord. No. B-222]
A. 
All commercial establishments shall be required to comply with the provisions of this chapter.
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. All commercial, institutional or industrial properties which provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for commingled recycling and cardboard and paper recycling, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents. The property owner or his or her designee is responsible for setting up and maintaining the recycling system, including collection of commingled recycling and cardboard and paper recycling, and placement at curbside for collection on the designated collection day(s) and time(s) only. Violations and penalty notices may be directed to the property owner or registered agent as defined in § 168-29. The property owner or registered agent as defined in § 168-29 shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
[Amended 2-5-2020 by Ord. No. B-222]
C. 
Every business, institution or industrial facility shall report on an annual basis to the municipal 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 shall, in addition to compliance with all other recycling requirements, be required to recycle grease created in the processing of food or food products, and maintain such records as may be proscribed, for inspection by any code enforcement officer.
A. 
Any application to the Planning Board of the City of Hoboken, for subdivision or site plan approval for the construction of multifamily dwellings of three 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.
B. 
Prior to the issuance of a certificate of occupancy by the City of Hoboken, the owner of any new multifamily dwelling or commercial, institutional or industrial development must supply the Planning Board of the City of Hoboken with a copy of a duly executed contract with a hauling company for the purposes of solid waste collection and the collection of recycling of source-separated recyclable materials.
A. 
Any entity that picks up rubbish from any owner, tenant or occupant of any source within the City of Hoboken is required to separate leaves for the purpose of composting and designated recyclable materials for the purpose of recycling.
[Amended 2-5-2020 by Ord. No. B-222]
B. 
The tonnages and markets of these designated materials recycled must be reported yearly to the Recycling Coordinator.
C. 
The yearly verification shall be submitted to the Recycling Coordinator according to a schedule to be established by the Recycling Coordinator after inception of this program. Failure to do so may cause the program to be terminated at the option of the Recycling Coordinator of the City of Hoboken.
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 property owner or registered agent as defined in § 168-29 to properly segregate the uncollected 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.
[Amended 2-5-2020 by Ord. No. B-222]
[Amended 2-5-2020 by Ord. No. B-222]
The Police Division, the Department of Environmental Service's Sanitation Inspectors and Code Enforcement Officials, the Recycling Coordinator, the Housing Officer, Hudson Regional Health Commission and the Hudson County Improvement Authority are hereby authorized and directed to enforce this chapter and amendments thereto. The respective enforcing official may, in his or her discretion, post warning notice stickers, mail notices of violation, or issue summons for any offense, after sight or sound inspection. 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.
[Amended 2-5-2020 by Ord. No. B-222]
A. 
Any person who shall violate any provision of this chapter shall, upon conviction or guilty plea, in the Municipal Court of Hoboken or other court of competent jurisdiction, be punished by a fine of not less than $250.
B. 
Each day's failure to comply with any provision, rule, or order shall constitute a separate and distinct offense.