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Borough of Woodland Park, NJ
Passaic County
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Table of Contents
Table of Contents
[Ord. No. 88-4 § 1]
There is hereby established a program for the mandatory separation of newspaper, glass, aluminum, leaves, grass, plastic, tin, cardboard, white metal, waste oil and other solid wastes within the Borough of Woodland Park.
[Ord. No. 88-4 § 2]
For the purposes of this chapter:
CONTAMINATED PAPER
All used newspaper used to wrap solid waste or which has thereon a contaminating substance such as paint or turpentine which renders the paper unmarketable as a recyclable, the contaminating substances to be further identified, as necessary, by regulation promulgated under this chapter.
GLASS
All products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter and all other material commonly known as "glass"; excluding, however, blue, white and flat glass and glass commonly known as "window glass." Crushed or broken glass is specifically excluded. Glass shall be a recyclable material.
PERSONS
All individuals, partnerships, corporations, owners, tenants, lessees, occupants, associations and organizations residing, owning, or operating, managing, leasing or occupying any premises or business, commercial or industrial use within the Borough of Woodland Park.
RECYCLABLE MATERIALS
All items as defined hereunder and as may be regulated hereunder by the rules and regulations adopted pursuant to Subsection 25-1.4.
RECYCLING OFFICER
The person appointed by the Borough Administrator who shall be authorized to enforce the provisions of this chapter and the rules and regulations promulgated hereunder.
SOLID WASTE
All garbage and rubbish normally placed at curbside in the Borough of Woodland Park for usual collection at regular intervals for regular municipal collection.
USED NEWSPAPERS
Paper of the type commonly referred to as "newsprint." Expressly excluded are all magazines, periodicals, books and paperbacks, as well as all other paper products of any nature whatsoever. Used newspapers shall be a recyclable material.
[Ord. No. 88-4 § 3; New]
a. 
On and after the date fixed by the Mayor and Municipal Council by resolution, it shall be mandatory for all persons to separate used newspapers, glass, food and beverage containers, aluminum cans and leaves from all other solid waste produced in or disposed of for collection pursuant to the provisions of this chapter, and any other rules and regulations promulgated hereafter.
1. 
Used newspapers shall be bundled separately and secured in bundles not to exceed 30 pounds in weight and 12 inches in height. Used newspapers shall not be contained in plastic bags.
2. 
Commingled material to be separated consist of mixed color, glass bottles, jars, aluminum cans, de-labeled steel and de-labeled tinned cans, plastic containers, plastic P.E.T./H.D.P.E. soda bottles, liquor bottles, springwater containers, detergent containers.
3. 
Contaminated paper may be discarded or disposed of for collection with the usual solid waste.
4. 
Aluminum cans shall be contained in a reusable metal or plastic container, occupant or owner-occupied supplied. All aluminum cans shall be reasonably clean and have labels removed.
5. 
Leaves shall be placed in biodegradable bags and placed at curbside for collection by the Borough during the period from October 15 to December 10 annually or as required by N.J.D.E.P. regulations.
6. 
No person or property owner shall place recycling material curbside earlier than the evening prior to the scheduled pick-up.
b. 
On the dates set forth in the regulation promulgated hereunder, the bundles and containers shall be placed at curbside for collection by such agent or certain designated firms specifically authorized by the Borough of Woodland Park to make such collection.
c. 
From the time of placement of recyclable materials at the curb by any person for collection by the Borough of Woodland Park in accordance with the terms hereof, such materials shall be and become the property of the Borough of Woodland Park or its authorized agent. It shall be a violation of this chapter for any person unauthorized by the Borough of Woodland Park to collect or pick up or cause to be collected or picked up any such recyclable materials. Each collection in violation hereof from one (1) or more residence shall constitute a separate and distinct offense punishable as hereinafter provided.
d. 
No person, firm or corporation, except as authorized pursuant to this chapter, shall pick up recyclable materials at curbside. Nothing herein contained however, shall be construed to limit volunteer or charitable organizations from conducting newspaper or recycling drives. The date, time, place and nature of collection shall be presented, in writing, to the Recycling Officer, prior to any such drive and the Recycling Officer shall approve or disapprove the date, time, place and manner of collection in accordance with regulations promulgated hereunder. Regularly scheduled or established collections need only be reported once in each calendar year.
e. 
At the option and expense of persons required to separate recyclable materials from other solid waste under this chapter, recyclable materials may be disposed of by any other lawful means, including, but not limited, to contribution or sale of the materials to charitable recycling drives, or recycling centers, provided, that in no event shall the same be disposed of as a part of solid waste.
[Ord. No. 88-4 § 4]
a. 
On and after the date fixed by the Mayor and Municipal Council by resolution, it shall be mandatory for all commercial/industrial and institutional users to separate corrugated cardboard, high grade paper, glass, aluminum cans, food and beverage containers.
1. 
The Borough shall designate a municipal recycling center for use for commercial/industrial and institutional users as a collection center for designated recyclable materials which shall be deposited by the users at their own expense.
2. 
Commercial/industrial and institutional users shall be permitted to enter into an arrangement or agreement with a private recycling business to act as a recycling center. If the commercial/industrial or institutional user fails to enter into such an arrangement or agreement, and the Borough's Recycling Officer determines it to be necessary, the Borough may enter into an arrangement or agreement to do same at the expense of the commercial/industrial or institutional user. The commercial/industrial or institutional user shall submit monthly tonnage reports of recyclable materials and solid waste removed by private disposal as required by the Recycling Officer and/or Borough Administrator.
[Ord. No. 88-4 § 5]
The Recycling Officer is hereby authorized and directed to enforce this chapter and to establish and promulgate reasonable rules and regulations for the administration and publication of the procedures and as to the manner, days and times for the collection of recyclable materials provided for by this chapter subject to the approval of the Borough Administrator and subsequent adoption by resolution by the Mayor and Municipal Council. The rules and regulations shall be published and circulated within the Borough at least thirty (30) days prior to their effective date, except under emergency circumstances designated by the Mayor and Municipal Council.
[Ord. No. 88-4 § 6]
a. 
Except as otherwise permitted by this chapter, it shall be unlawful for any person unauthorized by the Borough of Woodland Park to collect, pick up or cause to be collected or picked up at the curbside, the recyclable materials referred to in this chapter. Each collection or pick up shall constitute a separate and distinct offense punishable as herein provided.
b. 
This chapter shall be enforced by the Recycling Officer, the Department of Health, the Police Department, and such other departments of the Borough of Woodland Park as designated by the Borough Administrator.
c. 
Any person or entity who violates, neglects, or fails to comply with this chapter, and the rules and regulations issued pursuant thereto, shall upon conviction thereof be fined in an amount not less than twenty-five ($25.00) dollars nor more than five hundred ($500.00) dollars for each offense.
d. 
The penalties for failure to comply with the provisions of this chapter will commence three (3) months after the effective date of this chapter. During the three (3) month period, every effort will be made to acquaint all affected persons of the need for and the requirements of this legislation. Further, new residents to the Borough will be informed of the provisions of this chapter by the Recycling Officer.
(For restrictions on placing or blowing leaves or grass clippings onto streets and containerization and placement regarding stormdrains, see Chapter V, Section 5-39, Containerization and Placement of Yard Waste; Blowing of Leaves and Grass Into Street Prohibited.)
[Ord. No. 99-10; Ord. No. 99-27; Ord. No. 2017-24]
a. 
All trash containers, which must have lids, shall be kept in a shed, garage, stored in the side yard or rear yard of the property, or shall be kept within the driveway, at least eighteen (18) feet off the front curb line.
b. 
All commercial properties shall keep their trash in approved containers and enclosures as approved by the Planning Board, the Enforcement Office or Health Inspector.
[Ord. No. 99-10]
Any person who violates any provision of this section shall, upon conviction thereof, be punished as follows: (1) For a first offense, a warning issued; (2) For a second offense, a fine of twenty-five ($25.00) dollars; and (3) For each subsequent offense, a fine of no less than $100 and no more than $500 and requires a court appearance. If the violation is of a continuing nature, each day during which it continues shall constitute a separate and distinct offense.
[Added 9-4-2019 by Ord. No. 19-09]
As used in this chapter, the following terms shall have the meanings indicated:
COMPLIANT BAGS
Recyclable paper carry-out bags and reusable bags as follows:
a. 
A "recyclable paper carry-out bag" is a paper bag that meets all of the following minimum requirements:
1. 
It is 100% recyclable overall and contains a minimum of 40% post-consumer recycled material and can be composted.
2. 
It displays the words "recyclable" and/or "reusable" in a visible manner on the outside of the bag.
b. 
A "reusable bag" means a bag with handles made of cloth or other washable fabric or which is otherwise durable that is specifically designed and manufactured for multiple use and meets the following additional requirements:
1. 
It is machine-washable or is made from a material that can be cleaned or disinfected; or
2. 
It is a durable bag that is specifically designed and manufactured for multiple use.
CUSTOMER
Any person purchasing goods or services from a retail establishment.
OPERATOR
Any person in control of, or having the responsibility for, the operation of a retail establishment, which may include, but is not limited to, the owner of the retail establishment.
POST-CONSUMER RECYCLED MATERIAL
A bag constructed of a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. "Post-consumer recycled material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.
PRODUCE BAG or PRODUCT BAG
A very thin bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a retail establishment or, for reasons of public health and safety, to prevent such food items from coming into direct contact with other purchased items.
RECYCLABLE
Material that can be sorted, cleansed and reconstituted using available recycling collection programs for the purpose of reusing the altered, incinerated, converted or otherwise thermally destroyed solid waste generated therefrom. The material must be recycled in a manner that is environmentally effective, economically feasible and safe for employees as deemed feasible by the Borough of Woodland Park.
RETAIL ESTABLISHMENT
Any store or commercial establishment that sells perishable or nonperishable goods, including, but not limited to, clothing, food and personal items, directly to the customer and is located within or doing business within the geographical limits of the Borough of Woodland Park. Retail establishments include: business establishments that generate sales or use tax; drugstores; pharmacies; supermarkets; grocery stores; convenience food stores; food marts; or other commercial establishments (i.e., restaurants and take-out food establishments or any other business that prepares and sells prepared food to be eaten on or off its premises). This definition also includes commercial establishments that sell clothing, hardware, or any other nonperishable goods. It does not include nonprofit charitable reusers as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or a division of the charitable organization that reuses and recycles donated goods or materials and receives more than 50% of its revenue from the handling and sale of those donated goods and materials.
SINGLE-USE PLASTIC CARRY-OUT BAG
Any bag made predominantly of plastic derived from either petroleum or a biologically based source, such as corn or other plant sources, that is provided by an operator of a retail establishment to a customer at the point of sale. The term includes compostable and biodegradable bags but does not include reusable bags, produce bags, or product bags. This definition specifically exempts the following from the category of "single-use plastic carry-out bags":
a. 
Bags provided by operators and used by consumers inside retail establishments to:
1. 
Package bulk items, such as fruit, vegetables, nuts, grains, candies or small hardware items; or
2. 
Contain or wrap frozen foods, meat or fish, whether packaged or not; or
3. 
Contain or wrap flowers, potted plants, or other items where dampness may be an issue; or
4. 
Contain unwrapped prepared foods or bakery goods; or
5. 
Pharmacy prescription bags.
b. 
Newspaper bags, door-hanger bags, laundry and/or dry-cleaning bags, or bags sold in packages containing multiple bags intended for use as food storage bags, garbage bags, yard waste bags or pet waste bags.
No retail establishment within the Borough of Woodland Park shall provide any single-use plastic carry-out bags, as defined in Subsection 25-3.1 above, to any customer at the checkout point or cash register, point of sale or other point of departure or point of distribution for the purpose of transporting products or goods out of the business or store.
a. 
All retail establishments shall make available to customers, for a fee, compliant bags, as defined in Subsection 25-3.1 above, for the purpose of carrying goods or other materials away from the point of sale, subject to the provisions of this section. The fee charged shall be reflected in the sales receipt.
b. 
No provision in this section prohibits customers from using bags of any type that they choose to bring to a retail establishment themselves, in lieu of using bags available for a fee from the retail establishment, or from carrying away goods that are not placed in a bag.
a. 
All retail establishments shall make recyclable paper carry-out bags available to customers upon request for a fee of at least $0.10 but not more than $0.25 per bag if customers choose not to bring their own reusable bag.
b. 
A retail establishment may provide customers with a reusable bag, as defined herein, for a fee of at least $0.10.
c. 
All monies collected by retail establishments for the fees established herein shall be retained by the retail establishment.
All retail establishments must provide customers with compliant bags, upon request, if a customer fails to bring his or her own bags, in accordance with the fee structure set forth in Subsection 25-3.4 above. A retail establishment may choose, in its discretion, to provide a credit to customers who choose to bring their own bags.
All retail establishments must provide at the point of sale, free of charge, compliant bags to any customer who participates in, or is a beneficiary of, any United States government (federal) welfare program, or any local or Passaic County welfare assistance program, or any New Jersey State welfare program, including, but not limited to, the New Jersey Supplemental Nutrition Assistance Program (SNAP) or the New Jersey State Supplemental Security Income Program (SSI). Such customers must provide documentation proving that they participate in, or are beneficiaries of, such programs.
a. 
The Borough of Woodland Park shall assist operators of retail establishments by referring them to appropriate municipal websites with information and to retail associations, unions or other organizations that have educational materials concerning the benefits of reusable bags rather than recyclable paper carry-out bags.
b. 
All retail establishments shall be strongly encouraged to educate their staff in ways to promote the use of reusable bags and to post signs encouraging customers to use reusable bags rather than recyclable paper carry-out bags.
c. 
All retail establishments shall be strongly encouraged to educate the public on plastic bag and plastic film recycling and to offer a take-back program.
The Borough's Code Enforcement Officer, or his or her designee, along with inspectors from the Borough's current health services provider, shall have the responsibility of enforcement of this section and may promulgate reasonable rules and regulations in order to enforce its provisions, including, but not limited to, investigating violations and issuing fines.
a. 
Any retail establishment that violates or fails to comply with this section or the rules and regulations promulgated therefrom, after an initial written warning notice has been issued, shall be liable for a violation of this section.
b. 
If a retail establishment commits subsequent violation(s) after the issuance of an initial written warning notice, the following penalties shall be imposed and shall be payable by the operator of the retail establishment upon conviction thereof:
1. 
A fine not exceeding $100 for the first violation after the written warning notice is given;
2. 
A fine not exceeding $200 for the second violation after the written warning notice is given; and
3. 
A fine not exceeding $500 for the third and any subsequent violations after the written warning notice is given.
c. 
A separate offense shall be deemed committed on each day during or on which a violation occurs.
No later than one year after the effective date of this section, and annually thereafter, the Code Enforcement Officer, with support by the Borough's Superintendent of Public Works and the Borough's current health services provider, shall report to the Borough Council regarding the progress of the reduction of the use of carry-out bags, which may include the following where information and data are available:
a. 
The amount of carry-out bags in the residential waste and recycling streams;
b. 
The amount of carry-out bags identified as litter on the streets, sidewalks and in parks within the Borough of Woodland Park;
c. 
The amount of carry-out bags found in Borough storm drains;
d. 
The number of warning notices or notices of violation issued pursuant to this section; and
e. 
Any estimated cost savings for the Borough attributable to carry-out bag reduction; this may include, but is not limited to, reduced contamination of the residential recycling stream and reduction in flooding or combined sewer overflows.