[Adopted by Ord. No. 3697-99 (§ 4-16 of the 1996 Revised General Ordinances),
as amended through Ord. No. 1999-8; amended in its entirety 3-17-2009]
The following terms shall have the following definitions:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling, including, but not limited
to, glass, aluminum, tin (bimetal) and plastic containers (coded No.
1 and No. 2).
Those materials designated within the Hudson County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include aluminum, tin and steel; corrugated
cardboard; glass containers; grass and brush; household batteries;
leaves; masonry (asphalt, brick, block and concrete); mixed paper;
motor oil; motor oil filters; newspaper; office paper; plastic containers
(coded No. 1 and No. 2); tires; vehicle batteries; white goods; and
wood.
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.
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 (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.).
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the City of
Union City.
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.
A.
Mandatory source separation. It shall be mandatory of all persons
who are owners, tenants, or occupants of residential and nonresidential
premises located within the City of Union City 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
City.
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, 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 article, 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 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, at least on an annual basis, said
recycling service provider shall provide written documentation to
the Municipal Recycling Coordinator of the total number of tons collected
and recycled for each designated material.
The collection of recyclable materials shall be in the manner
prescribed as follows:
A.
All receptacles 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 any time after 8:00 p.m. of the
day immediately preceding the day of collection. After collection,
any receptacles or containers shall be removed from the curbside by
no later than 11:00 a.m. of the day of collection.
B.
Containers or receptacles shall not exceed 15 pounds. Residents shall
write their house numbers and addresses on each container and receptacle.
C.
All receptacles or dumpsters shall be maintained in accordance with
the Health Code of the City.
D.
No person, entity or institution shall place any material for pickup
at curbside except for plastic containers (coded No. 1 and No. 2),
glass, aluminum, and tin (bimetal), newspapers, mixed paper and cardboard.
E.
Newspapers, books, magazines, flyers, phone books or junk mail shall
be secured, bundled and placed in separate containers and left at
the curb.
F.
Cardboard shall be separately bundled in the same manner as newspapers
and placed at the curb.
The owner of any property shall be responsible for compliance
with this article. For multifamily/high-rise housing developments,
the management or owner is responsible for setting up and maintaining
the recycling system, including collection of recyclable materials.
Violations and penalty notices will be directed to the owner or management.
The management shall issue notification and collection rules to new
tenants when they arrive and every six months during their occupancy.
[Amended 5-21-2013; 12-16-2014]
A.
All commercial, business or industrial facilities shall be required
to comply with the provisions of this article concerning collection
of solid waste and recyclable materials, except that the collection
times for both solid waste and recyclable materials is 12:00 a.m.
to 7:00 a.m. Solid waste and recyclable material pick-up shall be
completed City-wide no later than 7:00 a.m.
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 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.
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 their 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 prescribed for inspection by any Code Enforcement
Officer.
Any application to the Planning Board or the Board of Adjustment
of the City of Union City 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:
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 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.
The Code Enforcement Official, the Department of Health, the
Health Officer, the Recycling Coordinator, the Property Maintenance
Official, the Housing Officer, Hudson Regional Health Commission and
the Hudson County Improvement Authority are hereby individually and
severally empowered to enforce the provisions of this article. The
respective enforcing official may, in his or her discretion, post
warning notice stickers for a first-time offense. 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.
Any person, corporation, occupant or other 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 of no less than $250 nor more than
$2,500. Each day for which a violation of this article occurs shall
be considered a separate offense.