[Adopted 4-15-1980 by Ord. No. 80-12 as
Art. I of Ch. 153 of the 1979 Code; amended in its entirety 9-29-2015 by Ord. No. O-15-028]
There is established a program for the mandatory source separation
from the municipal solid waste stream by the single-family and multifamily
residential, commercial, office park, industrial, institutional and
governmental solid waste generators of the Township of Montclair,
at the point of generation, of the following items: glass food and
beverage containers, aluminum beverage containers, steel/tin food
and beverage containers, plastic containers (see note on plastic containers),
mixed paper, uncontaminated newspapers, old corrugated containers,
leaves, grass, used motor oil, white goods, lead acid batteries (vehicle
batteries) and ferrous scrap.
There is established a mandatory program for the Township of
Montclair for the separate collection of glass food and beverage containers,
aluminum beverage containers, steel/tin food and beverage containers,
plastic containers, mixed paper, uncontaminated newspapers and old
corrugated containers from the residences, businesses and institutions
of the Township of Montclair for recycling purposes. Such collection
shall be made periodically under the supervision of the Director of
Community Services.
The Director of Community Services is hereby authorized and directed to establish and promulgate regulations as to the manner, days and times of such collections and the bundling, handling, location and time of placement of all materials for collection. Unless otherwise specified herein, the location and time of placement of material, as the same are defined herein, shall be as set forth in § 292-23B.
A.Â
Glass containers, aluminum cans, tin cans, plastic containers (see note in § 292-5) uncontaminated newspapers, mixed paper, corrugated cardboard and used motor oil shall be kept separate from and not mixed with regular refuse which is collected by the Department of Community Services. The glass containers, aluminum cans, tin cans and plastic containers should be rinsed and have caps removed and may be commingled in a rigid plastic or metal receptacle which is not to exceed 35 gallons in capacity. Mixed paper can be put in a similar rigid container as the commingled items or cross-tied with cloth string. Corrugated cardboard shall be flattened and tied with string in bundles in a size up to three feet in length and three feet in width, and each bundle shall not exceed 50 pounds in weight. All nonpaper materials must be removed from the bundles.
B.Â
Used motor oil shall be disposed of by taking the same to a used
oil collection site. However, no person shall dispose of more than
five gallons of used oil per day to any used oil collection site (New
Jersey Used Oil Recycling Regulations, N.J.A.C. 14A:3-11.4).
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Includes all containers normally used in the consumption
of alcoholic and nonalcoholic beverages both in the home and in retail
establishments dispensing the same for on- or off-premises consumption,
the same being made entirely of aluminum.
Aluminum and tin or tin-plated steel food and beverage containers,
including those for fruits, vegetables, juices and pet food; to be
rinsed.
Wholesale, retail, service or manufacturing establishments,
including but not limited to restaurants, markets, offices, retail
and wholesale outlets, industrial establishments and theaters.
All corrugated cardboard of the type commonly used for boxes,
shipping containers and packing material having exterior cardboard
plies separated by air spaces created by one or more fabricated cardboard
plies. For recycling purposes, brown paper (Kraft) is included. Corrugated
cardboard shall be considered contaminated if it has a plastic or
wax coating or has been exposed to substances or conditions rendering
it unusable for recycling.
Televisions, monitors, scanners, printers, portable/laptop
computers, keyboards and mice, fax machines, mainframes, e-book readers,
cell phones and telephones, telecommunications equipment, modems,
servers, VCR/DVD players, stereos and radio equipment, cable attachments,
speakers, wire, MP3 players, cameras, copiers and UPS/battery backups.
Scrap metal that is magnetic and rust such as structural
steel or cast iron components.
All containers and objects commonly used in residential and
nonresidential premises, such as bottles, jars, glasses, jugs and
all other vessels made entirely and exclusively of glass. Plate glass
mirrors and light bulbs are excluded.
All grass cuttings which have been collected and removed
from turf areas.
Any waste which poses a present or potential threat to human
health, living organisms or the environment. It shall include waste
material that is toxic, corrosive, irritating, radioactive, biologically
infectious, explosive or flammable. Included are such things as batteries,
asbestos, insecticides, paints, paint thinners, acids, cleaning compounds,
antifreeze, used motor oil and any other item subject to special consideration
in its disposal by federal or state law or regulation.
Churches, synagogues, colleges, schools, municipal or municipally
supported bodies, not-for-profit organizations and the like.
Foliage material naturally formed from trees and bushes that
are suitable for composting and mulching.
Periodical publications, usually bound, with paper covers.
A combination of paper products defined by the recycling
contractor for this category. Typically, it means corrugated containers,
newsprint, magazines, catalogs, brochures, advertising flyers and
most mail, phone books, paper bags and paperback books, food boxes
(cereal, pasta, cookie, etc.), nonmetallic wrapping paper, copy paper,
notebook paper (any color), calendars, stationery paper (any color),
fax or photocopy paper, computer paper, mimeograph paper and books
(with hard covers removed).
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.).
Paper of the type commonly referred to as "newsprint" and
distributed at stated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matter of public interest.
White typing, print-shop, copier or computer printout paper
and white envelopes without windows.
Telephone directories with paper covers, a glued binding
and newsprint-quality paper.
Only those containers, such as beverage containers and laundry
product containers, that have the resin identification code 01 (PET)
or 02 (HDEP). Excluded are flower pots and Styrofoam.
Any material designated by the Township of Montclair to be
a mandatory recyclable.
A process, by which materials which would otherwise be disposed
of as solid waste are separated, collected, processed and converted
into economically valuable raw materials or products.
All putrescible and nonputrescible waste, including garbage,
rubbish, ashes, street cleanings, dead animals, industrial waste and
hazardous refuse.
Homes, condominiums, townhouses, apartments, senior citizen
homes, trailer parks and other dwelling units not defined as commercial
or institutional sources.
All ashes, garbage, refuse, garden and household refuse,
debris and other discarded materials from residential, institutional
or commercial sources, including Christmas trees and excluding recyclable
material.
The collection and transportation of solid waste from its
source or location to a disposal site, a resource recovery facility
or a recycling facility.
Animal-proof receptacles provided with covers constructed
to prevent spillage or leakage of contents in a number sufficient
to contain the recyclables accumulated, pending collection, in conformance
with the Township of Montclair's or private recycling collection
schedules.
A receptacle made of metal or rigid plastic, with a capacity
of no more than 35 gallons, with handles, solidly constructed, so
as to prevent spillage or leakage of contents, and weighing not more
than 50 pounds when placed for collection. Paper bags, plastic bags
and cardboard boxes are not suitable receptacles for commingled recycling.
All containers must be tightly covered to prevent spillage or leakage
and the intrusion of rainwater.
A receptacle made of metal or rigid plastic, with a capacity
of no more than 35 gallons, with handles, solidly constructed, so
as to prevent spillage or leakage of contents, and weighing not more
than 50 pounds when placed for collection. All containers must be
tightly covered to prevent spillage or leakage and the intrusion of
rainwater. Mixed paper may also be placed at the curb in paper bags.
The bags shall be cross-tied with cloth twine.
Rubber tires from autos, motorcycles and light-duty trucks,
all off rims.
Any waste crankcase oil from periodic maintenance of internal
combustion engines.
Appliances such as refrigerators, air conditioners, stoves,
washers, dryers, steel or cast-iron plumbing fixtures, dishwashers
and water heaters.
From the time of placement at the curb, by any resident, of
newspapers, mixed paper, cardboard, glass containers, aluminum cans,
tin/steel cans and plastic containers for collection by the Township
of Montclair pursuant to the program established hereby and the rules
and regulations issued hereunder, such materials shall become and
be the property of the Township of Montclair, and it shall be a violation
of this article for any person other than authorized personnel of
the Department of Community Services or the resident to collect or
pick up or cause to be collected or picked up such materials. Each
such collection in violation hereof from one or more residences during
said period shall constitute a separate and distinct offense.
A.Â
Any resident may donate or sell glass containers, aluminum cans,
tin/steel cans, plastic containers, uncontaminated newspapers, mixed
paper and/or cardboard to any person, partnership or corporation,
whether operating for profit or not for profit. Said person, partnership
of corporation may not, however, under any circumstances pick up said
glass containers, aluminum cans, tin cans, plastic containers, uncontaminated
newspaper, mixed paper and/or cardboard from the curbside in the Township
of Montclair.
B.Â
There will be a dropoff at the Department of Community Services for
the following commingled materials: glass containers, aluminum cans,
tin/steel cans and plastic containers. Also accepted at the dropoff
site will be mixed paper, corrugated cardboard, tires, plate glass,
electronics and uncontaminated newspapers, at the hours and times
determined by the Director of Public Works.
C.Â
Pursuant to N.J.A.C. 7:26A-10.3, commercial, institutional and residential
sources may have recyclables collected by a private hauler.
Prior to March 1 of each year, occupants of all commercial and
institutional establishments, residential source owners or their agents
shall report to the Municipal Recycling Coordinator the tonnage of
recyclables collected and removed from the municipality during the
previous year. The municipality will provide forms when needed.
A.Â
Any person who violates any provision of this recycling article shall,
upon conviction thereof, be punished by a fine not exceeding $2,000,
imprisonment in the county/municipal jail for a term not exceeding
90 days, or a period of community service not exceeding 90 days, or
any combination thereof as determined by the Municipal Court Judge.
Each day on which a violation of this article exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine.
B.Â
In addition to the foregoing penalties, where a container includes
designated recycling material mixed with solid waste, the container
will not be collected.
C.Â
Fines levied and collected pursuant do this article shall be immediately
deposited into the Municipal Recycling Trust Fund, if created; otherwise
such funds shall be deposited as ordinary revenue.
This recycling article shall be enforced by the Safety and Code
Enforcement Office, Environmental Affairs and Essex County Department
of Health.
