[1984 Code Part VI T.44 Preamble]
It is deemed vital to the health of this community to regulate
and control the manner of collecting, removing and disposing of solid
wastes, to regulate and control the Municipal Disposal Area, to comply
with the provisions of the State Sanitary Code and to regulate the
installation of mechanical food grinders or domestic food-waste disposal
units, and it is necessary to establish rules and regulations to assure
that all trash and garbage collected within and without the municipal
boundaries of the City of Summit shall be disposed of by sanitary
landfill or incinerator method in accordance with the standards for
the design, operation and maintenance of sanitary landfills or incinerators
contained in the State Sanitary Code.
[1984 Code Part VI T.44 § 1]
The Common Council of the City of Summit shall provide for the
collection, removal and disposal of solid wastes as hereinafter defined
from all residential, commercial, industrial and institutional properties
under the conditions and methods as set forth in this chapter.
[1984 Code Part VI T.44 § 2]
As used in this section:
Shall mean residue from coal or other fuel used for cooking
and heating of buildings.
Shall include large items not suitable for depositing in
a standard twenty (20) gallon garbage can. Such items shall include
but not be limited to large cartons, or boxes such as mover's cartons
and appliance cartons or crates, barrels, wood, furniture, appliances,
large auto parts, tire, bicycles and playground equipment.
Shall include building materials and rubble resulting from
construction, remodeling, repair, and demolition activities on dwellings,
commercial, industrial, and institutional buildings, pavements and
other structures.
Shall include dirt, sand, gravel, stones, rocks and stumps.
Shall mean waste from the processing, preparation, serving
and removal of food and food products.
Shall include chemical pathological wastes as well as those
wastes defined as hazardous by the D.E.P. of N.J.
Shall include waste that results from the growing, maintaining
and removing of plants, grass, trees, shrubs and other items of a
vegetative nature. Such wastes shall include but not be limited to
the following:
Leaves, grass clippings, hedge clippings, weeds, tree limbs
and branches under five (5) inches in diameter and six (6) feet in
length, trunk wood.
Shall include miscellaneous solid waste matter generally
in the category of small, lightweight, household items which are not
specifically covered under another definition and shall include those
items which can be readily placed in a standard twenty (20) gallon
garbage can. Items of rubbish shall include, but not be limited to
paper, small cartons or boxes, bottles, cans, rags, wearing apparel,
broken glass, crockery or china, shoes, leather, metal or rubber items,
animal litter when securely wrapped in a plastic bag, disposable diaper
linings when securely wrapped in a plastic bag and any materials that
may accumulate.
[1984 Code Part VI T.44 § 3; Ord.
No. 03-2576 § 1]
The Common Council does hereby provide and establish the area
known as the Municipal Disposal Area, which includes the Municipal
Transfer Station, Municipal Reclamation Area and the Municipal Recycle
Center located near New Providence Avenue in the City of Summit for
the disposal of ashes, garbage, refuse, rubbish, newspapers, limited
construction demolition and excavated material, glass, bottles, cans
and such other waste materials as the Common Council may by resolution
make provision for.
[1984 Code Part VI T.44 § 4; Ord.
No. 03-2576 § 1]
The collection, removal and disposal may be performed by the
City employees or by persons, partnerships, corporations or municipalities
under contract with the City and shall be subject to such rules and
regulations as the Common Council may prescribe by resolution.
[1984 Code Part VI T.44 § 5]
No person shall dump garbage in the Municipal Reclamation Area
and the Municipal Recycle Center. Garbage shall only be permitted
to be disposed of in the Municipal Transfer Station.
[1984 Code Part VI T.44 § 5; Ord.
No. 03-2576 § 1]
No solid wastes shall be dumped or deposited upon any land or
any place within the limits of the City of Summit except at the Municipal
Disposal Area unless authorized by the Common Council.
[Ord. 2002; Ord. No. 2115 § 1; 1984 Code Part VI T.44 § 7; Ord. No. 2378 § 1]
a.
Rear of House Collection by City Employees.
1.
It shall be the responsibility of the City, in accordance with the weekly schedule listed in paragraph 4 below, to collect, remove, and dispose of all ashes, garbage, refuse and rubbish, as defined in subsection 23-1.5. A maximum of eleven (11) cubic feet (not to exceed four (4) twenty (20) gallon garbage cans) will be collected on each collection day.
2.
All solid wastes for collection by the City shall be removed from
the rear of any house, residence or other buildings except that of
apartment houses containing more than six (6) family units. All solid
wastes emanating from apartment houses containing more than six (6)
family units shall be stored in a fire resistant building which shall
be provided by the owner for the storage thereof. The owner of apartment
houses containing more than six (6) family units shall construct sufficient
buildings at convenient locations for the storage of solid waste containers.
Plans for construction and locations of these buildings shall be submitted
to the Planning Board for approval.
3.
All solid wastes for collection by the City, except for apartment
houses containing more than six (6) family units, shall be located
in one (1) place. Containers shall be located outside and at ground
level on collection day.
4.
Collection of solid waste by the City shall be provided five (5)
days a week in the Central Retail Business District and one (1) day
a week in all other parts of the City. On Saturdays and Sundays the
collection of solid waste by the City shall be provided with Summit
Downtown, Inc. paying the wage expenses.
5.
Newspapers, magazines and cartons broken up shall be securely tied
in bundles convenient for handling and placed on top of, or beside,
garbage container for collection by City collection employees, or,
on the curb for collection by the City's Contractual Agent in accordance
with schedule adopted by the Common Council. In the Central Business
District such items shall be placed on top or beside the container
to be picked up by the regular City collection employees, or, on the
curb for collection by the City's Contractual Agent.
6.
The City will not be responsible for the collection of ashes, garbage
or refuse rubbish not set out for collection in a manner conforming
to the provisions of this section.
7.
Should such refusal to collect ashes, garbage or refuse rubbish,
not set out for collection in a manner conforming to the provisions
of this section, result in the health hazard, it shall be the responsibility
of the occupant of the premises (or such other persons whose normal
duty it is with respect to such premises) to dispose of the materials
in a manner conforming to law. Failure to do so shall, upon conviction
thereof, be punishable by a fine not to exceed twenty-five ($25.00)
dollars for each and every such offense.
b.
Special Curbside Pick-up Service by the City Employees.
1.
The City shall provide curbside collection of bagged leaves in biodegradable
paper bags at such time and for a determined period under such conditions
as prescribed annually by resolution of the Common Council.
2.
The City shall annually provide by resolution for a general Clean-Up
Week and establish rules, regulations and schedules for this service
to the residents of the City.
[1984 Code Part VI T.44 § 8]
a.
It shall be the responsibility of the occupant of a premises (or
such other person whose normal duty it is with respect to such premises)
to dispose of bulky waste, organic waste, construction and demolition
waste, excavation material, and hazardous waste, and to dispose of
solid wastes which exceed a quantity of eleven (11) cubic feet per
collection day.
[1984 Code Part VI T.44 § 9]
[1984 Code Part VI T.44 § 10]
a.
The property owner or occupant of a premises shall provide a water-tight
metal or plastic can(s) with a close fitting lid(s). All solid waste
for collection must be placed in cans except for ashes which must
be kept entirely separate from garbage and rubbish.
b.
Ashes shall be placed in metal ash cans.
c.
No container shall be filled to a level higher than three (3") inches
below the top of the container.
d.
No container, including contents, shall exceed seventy-five (75)
pounds in weight.
e.
Containers or receptacles that have deteriorated to the extent of
having jagged or sharp edges capable of causing injury to collectors
or others who may have to handle same shall be removed by the collector
and disposed of.
[1984 Code Part VI T.44 § 11]
a.
All carts and vehicles used for the removal of ashes, rubbish and
garbage shall be strongly and tightly constructed so that the contents
may not escape therefrom.
b.
All vehicles used by private contractors and the City of Summit shall
be licensed in accordance with the rules and regulations of the Board
of Public Utilities and the Department of Environmental Protection
of the State of New Jersey.
[Ord. No. 2002; 1984 Code
Part VI T.44 § 12; Ord. No. 03-2576 § 1]
a.
The Municipal Transfer Station shall be under the jurisdiction of
the Common Council, supervised by the City Engineer and under the
direction of an operator who shall be designated by the Common Council
upon the recommendation of the City Engineer. The operator shall be
responsible for the enforcement of the following regulations:
1.
The Municipal Transfer Station shall be open to the public from 7:30
a.m. to 3:30 p.m., Monday through Friday and from 7:30 a.m. to 3:45
p.m. on Saturday with the following limitations:
(a)
The Transfer Station shall be open to gardeners, landscapers
and contractors from 7:30 a.m. to 3:30 p.m., Monday through Friday,
except holidays.
(b)
The Transfer Station shall be open to the residents of the City
of Summit, Monday through Friday from 7:30 a.m. to 3:30 p.m. and on
Saturday from 7:30 a.m. to 3:45 p.m.
2.
The Municipal Transfer Station shall be securely locked at all times
other than the hours prescribed above.
3.
The Municipal Transfer Station shall be normally open to residents
of Summit on such holidays as may be designated by the Common Council.
4.
Commercial vehicles except those garbage collection vehicles using
the Municipal Transfer Station under contract with the City of Summit
shall not be allowed to use the Municipal Transfer Station on Saturdays
and holidays.
5.
The Operator of the Municipal Transfer Station shall be responsible
for the inspection of all materials to be disposed of in the Municipal
Transfer Station.
6.
All vehicles, except those garbage collection vehicles using the Municipal Transfer Station under contract with the City of Summit and those vehicles specified in subsection 23-1.18a shall pay a fee for the use of the Municipal Transfer Station. The amount of the fee shall be determined by the rated capacity of the vehicle and a charge per load will be made on the basis of a fee schedule adopted and promulgated by resolution duly adopted by the Common Council.
(a)
Upon the payment of the established fee gardeners, landscapers and contractors may dispose of ashes, garbage, refuse and rubbish and bulky waste as defined in subsection 23-1.2. No organic waste, construction and demolition waste, or excavated materials as defined in subsection 23-1.2 shall be permitted to be disposed of in the Municipal Transfer Station except as provided in paragraph 8. Hazardous wastes shall not be permitted to be disposed of in the Municipal Transfer Station.
(b)
Coupons indicating the payment of the proper fee may be purchased
at the City Engineer's Office, Municipal Building, Monday through
Friday, except holidays from 8:30 a.m. to 4:30 p.m. Coupons shall
be given to the assigned City employee at the Transfer Station indicating
the proper fee has been paid. The cancelled coupons shall be returned
to the City Engineer's Office each morning for the previous day's
transactions.
7.
The following items may be disposed of at the Municipal Transfer
Station:
|
Ashes
|
Metal
|
Rags
|
|
Appliances
|
Cans
|
Furniture
|
|
Paper
|
Rugs
|
Garden or Shop Utensils
|
|
Clothes
|
Shoes
| |
|
Leather Goods
|
Refuse
|
Mattresses
|
|
Lumber up to 6 feet in length
|
Rubber Goods
|
Rubbish
|
8.
The following items may not be disposed of at the Municipal Transfer
Station:
Stumps, branches, limbs, trunk wood, hazardous wastes, brush,
and in a quantity greater than two (2) garbage cans excavated material,
broken concrete and asphalt debris from cleanup of house remodeling,
stones, bricks or solid building materials, leaves, hedge clippings,
grass clippings and yard rakings.
[Ord. No. 03-2576 § 2; Ord. No. 08-2802 § 1]
The fee for disposing of household wastes through the Transfer
Station shall be one hundred seven ($107.00) dollars per ton or fraction
thereof.
[Ord. No. 08-2802 § 1]
The fee for disposing of bulky wastes through the Transfer Station
shall be one hundred thirty ($130.00) dollars per ton or fraction
thereof.
[1984 Code Part VI T.44 § 13; Ord.
No. 03-2576 § 1]
a.
The Summit Municipal Reclamation Area shall be under the jurisdiction
of the Common Council supervised by the City Engineer and under the
direction of a Caretaker to be appointed by the Common Council upon
the recommendation of the City Engineer. The Caretaker shall be responsible
for the enforcement of the following regulations:
1.
The Municipal Reclamation Area shall be open to residents, gardeners,
landscapers and contractors from 7:30 a.m. to 3:30 p.m., Monday through
Friday and from 7:30 a.m. to 3:45 p.m. on Saturday.
2.
Any unauthorized personnel in the Reclamation Area after the hours
stated above shall be deemed trespassing and shall be subject to penalties
provided in this section.
3.
The Caretaker shall be responsible for the inspection of all materials
to be disposed of in the Reclamation Area.
4.
Only the following items may be disposed of in the Reclamation Area.
|
Leaves
|
Yard Rakings
|
|
Hedge Clippings
|
Branches or limbs not exceeding 5" in diameter and 6' in length
|
|
Brush
| |
|
Grass Clippings
|
5.
Commercial vehicles shall pay a fee for the use of the Reclamation
Area. The amount of the fee shall be determined by the rated capacity
of the vehicle and a charge per load will be made on the basis of
a fee schedule adopted and promulgated by resolution duly adopted
by the Common Council.
6.
Upon the payment of the established fee, gardeners, landscapers and
contractors may dispose of the items listed in paragraph 4 above at
the Reclamation Center.
(a)
Coupons indicating the payment of the proper fee may be purchased
at the City Engineer's office, Municipal Building, Monday through
Friday, except holidays from 8:30 a.m. to 4:30 p.m. Coupons shall
be given to the Caretaker at the Reclamation Area indicating the proper
fee has been paid. The cancelled coupons shall be returned to the
City Engineer's office each morning for the previous day's transactions.
(b)
All sedans, station wagons and vans registered as passenger
vehicles in the name of residents of the City of Summit will be allowed
to obtain, free of charge, at the Reclamation Area, wood chips, leaf
mulch and firewood depending on the availability of materials. Materials
shall be loaded by the individual and not with City equipment.
[Ord. No. 03-2576 § 3]
The fee for disposing of leaves and other compostable materials
shall be forty-five ($45.00) dollars per ton or fraction thereof.
[1984 Code Part VI T.44 § 14; Ord.
No. 03-2576 § 1]
a.
The Municipal Recycle Center shall be under the jurisdiction of the
Common Council and the direction of the City Engineer.
b.
Separate bins have been provided for the depositing of glass, cans
and an area for newspapers. All materials will be deposited in the
proper bin or area.
c.
The Recycling Center will be open during the same hours and governed
by the same rules and regulations as the Municipal Reclamation Area
outlined in subsection 21-1.14.
[Ord. No. 2002 § 3;
1984 Code Part VI T.44 § 15]
a.
In the event the City of Summit enters into a contract with a private individual, partnership or corporation for the curbside collection of recyclable materials, including but not limited to newspapers, aluminum cans, glass bottles and jars, corrugated cardboard, and office white paper, such individual, partnership, corporation or organization shall have this sole right and anyone infringing upon this contractual privilege shall be deemed in violation of this section and, upon conviction,, subject to the penalties provided in subsection 23-1.21.
[1984 Code Part VI T.44 § 16]
a.
Mechanical food grinders or domestic food-waste disposal units shall
be permitted to be installed in private residences in accordance with
the applicable rules and regulations.
[1984 Code Part VI T.44 § 17; New; Ord. No. 03-2576 § 1]
a.
All sedans, station wagons and vans registered as passenger vehicles
in the name of residents of the City shall be allowed to dispose of
residential wastes in the Municipal Transfer Station and/or the Municipal
Reclamation Area and/or Municipal Recycle Center without charge.
b.
All vehicles shall be issued a parking/disposal area permit upon
having satisfied the regulations regarding the issuance of the permit.
The permit shall be affixed in the lower left hand corner (driver's
side) of the rear window (parallel to the bumper) facing the back
of the window.
c.
All vehicles commercially registered or being used for business purposes
using the Municipal Transfer Station and/or the Municipal Reclamation
Area shall be charged in accordance with the fee schedule adopted
by the Common Council[1] and shall be subject to the conditions set forth in this
chapter.
[1]
Editor's Note: For fee referred to herein see Appendix A located
at the rear of the Code.
[1984 Code Part VI T.44 § 18]
a.
Only gardeners, landscapers and contractors who reside in the City
or who have their principal office located in the City shall be allowed
to use the facilities of the Municipal Transfer Station and/or the
Municipal Reclamation Area except as provided in paragraph c of this
subsection.
b.
Only the items listed in subsection 23-1.13 paragraph a7 and subsection 23-1.14 paragraph a4 which are from the residences of Summit shall be allowed to be disposed of in the Summit Municipal Transfer Station and/or the Municipal Reclamation Area. No materials from outside of the City of Summit, except for those individuals, partnerships or corporations under contract with the City of Summit and the Borough of New Providence shall be disposed of in the Municipal Transfer Station and/or the Municipal Reclamation Area.
c.
In the event of a gardener, landscaper or contractor who does not
reside in the City of Summit should serve a Summit resident he may
use the Summit Municipal Transfer Station and/or the Municipal Reclamation
Area under the following conditions.
1.
He shall furnish on demand the name, address and telephone number
of his customers in Summit.
2.
He shall be required to present a coupon for each load disposed of.
The coupon shall be presented to the proper attendant at the Municipal
Transfer Station or the Municipal Reclamation Area before the load
is dumped.
3.
Each load shall consist of a separate and distinct item. Items to
be disposed of in the Municipal Transfer Station and the Municipal
Reclamation Area shall not be mixed.
[Ord. No. 01-2468 § 1]
Collection of solid waste through both mechanical means and
by individuals often results in noise that is disturbing to the peace
and good order of the occupants of residential properties. The following
limitations apply to both municipal and private collection of solid
wastes.
a.
Solid waste collection inside the Central Retail Business District
shall be limited to between the hours of 5:00 a.m. and 10:00 p.m.
on any day. The Central Retail Business District is defined as the
area identified as the Central Retail Business District or the CRBD
on the Zoning Map of the City of Summit.
b.
Solid waste collection outside of the limits established in paragraph
a above shall be limited to the hours between 6:00 a.m. and 10:00
p.m. Mondays through Fridays, and between the hours of 8:00 a.m. and
9:00 p.m. on Saturdays and Sundays.
[1984 Code Part VI T.44 § 19; Ord.
No. 01-2468 § 2]
a.
Copies of this chapter shall be available at City Hall. It shall
be the duty of each owner of property, rented or occupied by another,
to see that such tenants are furnished with a copy of this chapter.
[1984 Code Part VI T.44 § 20; New; Ord. No. 01-2468 § 2]
[1]
Editor's Note: Prior ordinance history includes 1983 Code § 1,
Ord. No. 2086 § 1; 1988 Code Part VI T.46 § 1
and Ordinance No. 2152.
[Ord. No. 09-2884 § 1]
A strong recycling program helps to improve the environment
and will reduce waste and its associated disposal costs. It is essential
to the City of Summit that its residents, businesses and institutions
participate in the City's recycling program and comply with State
of New Jersey's mandated recycling regulations.
[Ord. No. 09-2884 § 1]
The regulations within this section apply to all properties
in the City, commercial, institutional and residential.
[Ord. No. 09-2884 § 1]
As shown on the City of Summit Zoning Map, found in the Development Regulation Ordinance (DRO), Chapter 35.
Shall mean all places of business, including retail, wholesale,
service, food, schools, institutions-including government, construction
sites, offices, manufacturing and transportation.
Shall mean combining of source-separated recyclable materials
as listed in the designation of source-separated materials section
for the purpose of recycling.
Shall mean and include building material and rubble resulting from construction, remodeling, repair, and demolition operations on houses, commercial buildings, pavements and other structures, as defined in subsection 23-1.3, treated and untreated wood scrap; tree parts, tree stumps and brush; concrete, asphalt, bricks, blocks and other masonry; plaster and wallboard; roofing materials; corrugated cardboard and miscellaneous paper; ferrous and nonferrous metal; non-asbestos building insulation; plastic scrap; dirt; carpets and padding; glass (window and door); and other miscellaneous materials; but shall not include other solid waste types.
Shall mean shipping containers made with kraft paper linerboard
and corrugated medium. All noncorrugated cardboard shall be included
within mixed paper.
Shall mean all glass containers used for packaging food and
beverages including clear, brown and green glass. Specifically omitted
from this definition are drinking glasses, mirrors, windows, light
bulbs and anything made of Pyrex®.
Shall mean government, public and private schools, houses
of worship or religious organizations, hospitals, clinics, and nonprofits.
Shall mean an NJDEP authorized solid waste facility in which
the material is separated for the purpose of removing mandatorily
recycled materials from the waste stream.
Shall mean any building or structure or complex of buildings
in which more than six (6) 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
rooming houses or 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 (C. 55: 13A-1
et seq.).
Shall mean all containers made of plastics bearing coded
recyclable numbers 1-7.
Shall mean all properties owned by the City of Summit and
county of Union and shall include public school properties as agreed
upon by the City of Summit and the Board of Education.
Shall mean those materials which would otherwise become solid
waste and which may be collected, separated, or processed and returned
or repurposed in the form of raw materials or products.
Shall mean the person appointed by Common Council or his
or her designee, who shall be authorized to coordinate the City's
recycling program and assist with the enforcement of this section.
Shall mean single family and multiple units up to and including
six (6) units.
Shall mean 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.
[Ord. No. 09-2884 § 1]
The following materials are designated as recyclable under the
City of Summit Mandatory Recycling Program:
Batteries: (household) Dry cell, rechargeable batteries such
as nickel-cadmium, nickel iron, nickel metal hydride, lithium ion,
non-rechargeable batteries such as alkaline and carbon zinc.
Batteries: (lead acid) such as automobile, truck, machinery
and equipment.
Commingled containers: rinsed bottles and cans and glass and
aluminum and plastic containers used for packaging food and/or beverages.
Commingled paper/fiber products: clean newspapers, magazines,
junk mail, white or colored paper, glossy papers, soft or hard cover
books, wrapping paper, paper bags, cardboard, and uncontaminated paper
napkins and towels.
Construction and demolition debris such as lumber, plasters,
sheetrock, insulation, shingles, rubble, bricks, cinder block, concrete,
roofing materials and other such building and site debris.
Consumer electronics: Any appliance used in the home or business
that includes circuitry, such as computers, printers, copiers, telefacsimiles,
VCRs, stereos, televisions and telecommunication devices.
Ferrous scrap metal products made of steel, stainless steel,
cast-iron, tin-plated steel and appliances such as refrigerators,
washing machines and stoves.
Nonferrous scrap metal products made of aluminum, copper, lead
or brass.
Fluorescent and CFL bulbs.
Motor oil.
Motor oil filters.
Sheet aluminum foil (clean) and stiff foil takeout containers.
Styrofoam packaging materials.
Unpainted and untreated wood products such as window casings,
doors, scrap wood and pallets.
Textiles: such as clothing in bags, and shoes tied or clipped
together in pairs.
Tires: rubber based scrap automotive, truck and specialty tires.
Yard waste: grass, leaves and brush.
[Ord. No. 09-2884 § 1]
Mandatory Source Separation. It is mandatory for all persons
who are owners, tenants or occupants of residential and nonresidential
premises which shall include but not be limited to retail or other
commercial locations as well as government, nonprofit, religious,
schools and other institutional locations within the municipality
of the City of Summit, to separate designated recyclable materials
from all solid waste.
Failure to separate designated recyclable materials is a violation
of this section and the local sanitary code and the Recycling Code
of the State of New Jersey.
Designated recyclable materials shall be deposited separate and apart from other solid waste and disposed of as set forth in subsection 23-2.8.
[Ord. No. 09-2884 § 1]
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible or audible signs of, designated recyclable materials, unless the commercial and/or institutional entity has been granted an exemption (see subsection 23-2.12).
It is also unlawful for solid waste collectors to remove for
disposal those bags or containers of solid waste that visibly display
a warning notice sticker or some other device indicating that the
load of solid waste contains designated recyclable materials.
[Ord. No. 09-2884 § 1]
Once placed in the location identified in this section, or any
rules or regulations promulgated pursuant to this section, all designated
recyclable materials as identified by the City of Summit are the property
of the City of Summit. No person or persons other than those authorized
by the City of Summit shall tamper with, collect, remove, or otherwise
handle designated recyclable materials. Each such collection in violation
hereof from one or more residences or public properties during the
period shall constitute a separate and distinct offense.
[Ord. No. 09-2884 § 1]
It is the duty of the owner or occupant of residential and/or
commercial property to place or cause to be placed recyclable materials
or collection containers for recyclable materials at the collection
site no earlier than 5:00 p.m. on the day before the day on which
the user's recyclable material is to be collected.
In the case of corner lots, containers for recyclable materials
shall be placed at the roadway most convenient to the collection vehicle
or as otherwise directed by the Department of Community Services.
All recyclable materials or collection containers for recyclable
materials are to be removed from the collection site by the end of
the collection day, except in the case where dumpsters have been provided
for and approved by the Department of Community Services for use at
commercial, institutional, industrial and public properties or at
other approved enclosures.
In the Central Retail Business District (CRBD) as defined in
the Zoning Ordinance of the City of Summit, no recyclable materials
or collection containers for recyclable materials shall be placed
in the designated area before the evening before collection days and
after the start of business the next day, or at any time on Sundays.
Responsibility for compliance with the terms of this section is that
of the owner of the building and is to be stipulated in the lease.
[Ord. No. 09-2884 § 1]
a.
Residential Units. It shall be the responsibility of the resident
or renter or occupant of the premises to properly separate the solid
waste and recyclable materials and dispose of them in the manner as
specified by the City of Summit. There are several ways to properly
dispose of designated residential recyclable materials, described
below. Failure to separate waste and recyclable materials and to dispose
of them properly will be considered a violation of this section and
the local sanitary code and the recycling code of the State of New
Jersey.
1.
Curbside Collection. All recyclable materials listed as Designated
Recyclable Material on the City of Summit's official website and/or
periodic residential mailings must be placed within five (5') feet
of the improved roadway or as otherwise directed by the Department
of Community Services of the City of Summit, on the days and between
the hours as listed on the official website or City mailing. No recyclable
material is to be placed on any improved roadway or sidewalk.
No container and its contents shall exceed fifty (50) gallons
per container when placed at the curb for collection.
All containers must be maintained in a manner so as not to pose
any danger to the health or safety of the public or the collection
personnel. Any such containers that are badly broken, damaged or deteriorated
or otherwise fail to meet the requirements of this section shall be
classified as refuse by the Department of Community Services of the
City and shall be disposed of accordingly. In addition, all such recyclable
materials must be contained in a safe and sanitary condition.
All contractors or homeowners or builders performing tasks generating
construction and demolition (C&D) debris shall arrange for its
prompt and proper removal to a NJDEP approved facility that accepts
C&D debris.
All construction permit applicants shall provide the City with
proof of proper disposal arrangements of C&D debris and a certified
tonnage report as specified by the City's recycling coordinator for
the C&D debris removed from the property, during that calendar
year.
2.
Transfer Station/Recycling Center Collection. Any resident or renter
or occupant of residential premises may use the City of Summit's Transfer
Station/Recycling Center to dispose of any and all designated recyclable
materials provided the vehicle being used to transport the materials
has a current City of Summit resident or authorized permit affixed
to its rear window in accordance with instructions provided. Such
stickers are available at the City of Summit's Municipal office.
Transfer Station/Recycling Center hours of operation are posted
on the official website of the City of Summit and on periodic official
City mailings.
Those designated recyclable materials that are not collected
curbside, such as Styrofoam® packaging
materials, textiles and scrap metal, may be taken to the Transfer
Station/Recycling Center and properly disposed of there. Residents,
renters or occupants of residential dwelling units who are not able
to utilize the Transfer Station/Recycling Center for whatever reason
should contact the Department of Community Services to determine other
methods to properly dispose of designated recyclable materials.
Failure to separate and properly dispose of designated recyclable
materials is a violation of this section and the local sanitary code
and the recycling code of the State of New Jersey.
3.
Leaf Collection. Collection of leaves and other seasonal vegetative
waste such as live evergreen trees shall be specified on the official
City of Summit website and on periodic official City mailings.
At all other times of the year, vegetative waste must be taken
to a designated disposal area. It is not permissible to dispose of
such items in any residential waste collections.
b.
Multi-Family Dwellings. Management of multi-family dwellings of more than six (6) units must provide a recycling area for all designated recyclable materials as specified by the City of Summit. Each multi-family complex shall provide labeled receptacles for commingled material and for commingled paper as defined in subsection 23-2.4.
Receptacles must be of sufficient capacity to hold the material
between collections. Management must maintain the area where recyclable
materials are stored on the premises, remove contamination and keep
trash free of recyclable materials.
Management of the multi-family dwelling must notify all residents
of its recycling arrangements in writing at least once a year and
must give every new tenant written recycling guidelines with their
lease.
Recycling in multi-family dwellings may be placed curbside,
door-to-door or designated drop-off, as determined by the City of
Summit.
Management of any multi-family complex, utilizing a private hauler for recycling, shall submit a certified report of the materials recycled by weight. The hauler must be an approved, fully licensed hauler and the materials must be taken to a NJDEP licensed recycling facility pursuant to N.J.S.A. 40A:11-5(s). The recycling tonnage report must be submitted to the City's recycling coordinator on an annual basis and in a format determined by that person. Failure to submit a report shall be a violation of subsection 23-2.13.
[Ord. No. 09-2884 § 1]
a.
Commercial/Industrial/Institutional Establishments. Each facility
shall provide on-site recycling container(s) for all mandatorily recyclable
materials. Such containers must be clearly marked to indicate their
purpose and of a size adequate to hold recyclable materials between
collections or deposit at collection sites. If located out of doors,
the recycling area must be fenced and maintained in an aesthetically
pleasing manner.
The owner/operator shall provide notice to employees and customers/clients
that recycling is mandatory on the premises, and shall indicate the
purpose and location of on-site recycling containers.
The owner/operator shall submit or ensure proper reporting is
submitted to the Recycling Coordinator on an annual basis a certified
report by a NJDEP approved facility of the materials recycled by weight.
The report shall be submitted to the City's Recycling Coordinator
no later than sixty (60) days after the end of the calendar year.
All solid waste containers must comply with all Occupational
Safety Health Act (OSHA) and American National Standards Institute
(ANSI) regulations..
All dumpsters, roll-offs, drop boxes and compactors placed on
any site shall be stored inside a constructed enclosure and shall
be in good condition (no apparent structural defects) and water tight
preventing leaching of fluids.
[Ord. No. 09-2884 § 1]
Property owners shall either:
a.
Provide on-site recycling containers for all mandatory recyclable
materials, and dispose of same or arrange to have them disposed of,
or
b.
Inform leaseholders or occupants of the need to recycle all mandatory
recyclable materials.
These requirements shall become mandatory under provisions of
the lease since recycling is mandatory in the State of New Jersey
(N.J.S.A. 13:1E-99.16 et seq.).
If containers are provided by the property owner, the location
and purpose of the recycling containers must be made clear to leaseholders
or occupants. The containers must be clearly marked to indicate their
purpose and be of a size adequate to hold recyclable materials between
collections or deposit at collection sites.
If containers are not provided by the property owner, the leaseholder
or occupant must make arrangements for the proper separation and recycling
of mandatory items.
The City does not provide curbside pickup of recyclable materials
in the CRBD except for collection of corrugated cardboard. Details
on where, when and how to recycle corrugated cardboard is provided
by the City.
In no instance is a property owner or leaseholder to utilize
the City's garbage and recycling bins located curbside to dispose
of waste or recycling generated on site. Recycled materials such as
commingled containers and commingled paper are to be placed in the
commercial recycling bins that the City has provided. Locations of
the commercial recycling bins shall be identified in periodic formal
notices from the City.
Establishments in the CRBD may obtain from the City a recycling
permit for a renewable six (6) month term to use the Summit Recycling
Center.
Property owners or leaseholders who arrange for private haulers
to remove recyclable materials must submit or ensure proper reporting
is submitted to the Recycling Coordinator on an annual basis a certified
report by a NJDEP approved facility of the materials recycled by weight.
The report shall be submitted to the City's Recycling Coordinator
no later than sixty (60) days after the end of the calendar year.
All solid waste containers must comply with all Occupational
Safety Health Act (OSHA) and American National Standards Institute
(ANSI) regulations.
All dumpsters, roll-offs, drop boxes and compactors placed on
any site shall be stored inside a constructed enclosure and shall
be in good condition (no apparent structural defects) and water tight
preventing leaching of fluids.
[Ord. No. 09-2884 § 1]
The City of Summit may exempt commercial/industrial/institutional
establishments within its municipal boundaries from the source separation
requirements of this section pursuant to N.J.S.A. 13:1E-99.16d. The
mixed waste and recyclables may only be taken to a NJDEP licensed
and approved Transfer Station /Materials Recovery Facility pursuant
to N.J.A.C. 7:26-1.4. That facility must have the ability to separate
out for recycling all mandated recyclables that were commingled with
the garbage.
To be considered as eligible for an exemption pursuant to this
section, commercial/industrial/institutional establishment's exemptions
should be based on specific situations where a generator demonstrates
special reasons or situations which support difficulty or inability
to source separate. The generator shall complete and file an application
for exemption with the City of Summit's Recycling Coordinator using
forms provided for this purpose. To be eligible for an exception,
the generator must submit the name, location and NJDEP facility number
of the Materials Recovery Facility (MRF) that will be used if the
exemption is granted. An exemption granted by the municipality shall
be granted for a limited period of one (1) year and thereafter the
generator shall reapply each year to the municipality for the exemption.
If the generator switches haulers the exemption is no longer valid
and must be reapplied for. Continuing exemption will be incumbent
upon continued compliance of providing written and certified documentation
to the City of Summit's Recycling Coordinator on a frequency basis
determined upon acceptance of the exemption.
[Ord. No. 09-2884 § 1]
Commercial, institutional and industrial facilities shall document
recycling activity for all mandated materials plus any materials recycled
which have not been mandated. The documentation shall be reported
to the City's Recycling Coordinator and to the Union County Utilities
Authority.
Any private organization collecting recyclable materials as
set forth in this section shall provide the City of Summit with an
annual report as to the volume of materials (tonnage) collected by
such organization. The report shall include the name and location
of the NJDEP licensed recycling facility where the materials are being
delivered. These reports will be utilized by the City in qualifying
for credits to the City or meeting requirements which may be authorized
or mandated by the State of New Jersey pursuant to any statues, administrative
rules or regulations (N.J.S.A. 13:1E-99).
[Ord. No. 09-2884 § 1]
The City and its designees and the County of Union, New Jersey,
Office of Health Management are empowered to enforce the provisions
of this section. An inspection may occur at any time and may consist
of sorting through containers and opening solid waste bags to inspect,
by sound or sight, the contents in order to determine the presence
of recyclable materials which may be authorized or mandated by the
State of New Jersey pursuant to any statues or administrative rules
and regulations.
Any recyclable material which is placed for collection in a
manner not in compliance with the requirements of this section shall
not be collected.
Except as otherwise authorized by this section, it is unlawful
for any person, firm or organization to collect, pick up or cause
to be collected or picked up, any material identified as being mandatorily
recyclable. Any person, firm or organization found guilty of violating
the provisions of this chapter is fined an amount not to exceed two
thousand ($2000.00) dollars or imprisoned for a period not to exceed
ninety (90) days or ninety (90) days of community service. Each day
that such a violation exists is deemed to be a separate violation
of this section.
[Ord. No. 09-2884 § 1]
Any person, corporation, occupant or entity that violates or
fails to comply with any provision of this section or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than one hundred ($100.00) dollars,
nor more than two thousand ($2,000.00) dollars. Each day for which
a violation of this section occurs shall be considered a separate
offense, subject to conviction and fines as listed above.
For the first and second failures within a six (6) month period to comply with subsection 23-2.5, a written warning shall be placed on the recycling container, which states "unacceptable material will not be collected and is the responsibility of the generator to properly separate out the material and recycle the mandated recyclable materials pursuant to subsections 23-2.9 to 23-2.11."
Upon the third failure within a six (6) month period to comply with subsection 23-2.5 the minimum penalty, upon conviction of the violation, is a fine of not less than one hundred ($100.00) dollars.
Fines levied and collected pursuant to the provisions of this
section shall be immediately deposited into the Municipal Recycling
Trust Fund (or equivalent). Monies in the Municipal Trust Fund shall
be used exclusively for the expenses incurred by the municipal recycling
program, including but not limited to educational materials and the
purchase of recycling collection bins.
