[HISTORY: Adopted by the Borough Council of the Borough of Alpine as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. XXI (Ord. No. 399) of the 1970 Revised General Ordinances]
This article shall be known and cited as the "Mandatory Recycling Ordinance of the Borough of Alpine."
The purpose of this article is to cause the Borough to comply with the mandatory state-wide recycling program, P.L. 1987, Ch. 102, N.J.S.A. 13:1E-99.11 et seq., and the Clean Communities and Recycling Act, N.J.S.A. 13:1E-92 et seq.
[Amended by Ord. No. 412]
As used in this article, the following terms shall have the meanings indicated:
- ALUMINUM CANS
- Recyclable aluminum cans.
- CORRUGATED CARDBOARD
- A product which has a ribbed layer of paper between two layers of flat cardboard which shall be free of metal staples, plastic packaging and brown paper bags.
- DESIGNATED RECYCLABLE MATERIALS
- The following recyclable materials, which are to be source separated in the Borough pursuant to P.L. 1987, Ch. 102, Section 3, and N.J.S.A. 13:1E-99.13: leaves, aluminum cans, newspaper and glass.
- DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
- The transportation, placement, reuse, sale, donation, transfer or temporary storage, for a period not exceeding six months, of designated recyclable materials for all possible uses except for disposal as solid waste.
- All products made from silica, sand, soda ash and limestone which are transparent or translucent and used for packing or bottling of various matter and all other materials commonly known as "glass," excluding, however, ceramic, blue and flat glass commonly known as "window glass."
- HIGH-GRADE OFFICE PAPER
- Computer paper, tab cards, white letterhead, ledger and nonglossy copier paper, all of which shall be free of staples, paper clips, gummed labels, etc.
- Those materials naturally formed from trees and bushes that are suitable for composting and mulching purposes.
- MUNICIPAL SOLID WASTE STREAM
- All residential, commercial and institutional solid waste generated within the boundaries of the Borough, as measured in tons.
- 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 matters of public interest.
- All residential, commercial and institutional property in the Borough.
- RECYCLABLE MATERIAL
- Those aluminum cans, newspapers and glass which would otherwise become municipal solid waste, and which are to be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
- Any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
- RECYCLING CENTER
- Any facility designed and operated solely for receiving, storing, processing and transferring source separated leaves, aluminum cans, newspapers and glass.
- RECYCLING SERVICES
- The services provided by persons engaged in the business of recycling, including the collection, processing, storage, purchase, sale or disposition, or any combination thereof, of recyclable materials.
- SOURCE SEPARATED RECYCLABLE MATERIALS
- Recyclable materials, including only leaves, aluminum cans, newspapers and glass, which are kept separate and apart from all other residential, commercial and institutional solid waste by the generator thereof for the purpose of collection, disposition and recycling.
Position created. There is hereby created the position of recycling coordinator in the Borough of Alpine.
Duties of recycling coordinator.
Authorization to sell. The recycling coordinator is authorized, from time to time, to sell and deliver, by bid or contract approved by the Mayor and Council, recyclable materials so collected in order to obtain the best possible price.
Annual recycling tonnage report. The recycling coordinator shall, on or before July 1 of each year beginning with 1988, submit a recycling tonnage report to the New Jersey Office of Recycling in accordance with rules and regulations adopted therefor by the Department of Environmental Protection.
Notification of public within the Borough.
The recycling coordinator, no later than April 15, 1988, shall notify all persons owning, leasing or occupying property within the Borough of the Borough's recycling opportunities and the source separation requirements of this article. Such notification shall be accomplished by placing an advertisement in the Borough's newsletter, and by posting a notice in public places where public notices are customarily posted by the Borough.
Within six months after the effective date of this article, and at least once every six months thereafter, the recycling coordinator shall notify all persons occupying residential, commercial and institutional premises within the Borough of local recycling opportunities and the source separation requirements of this article. Such notification shall be accomplished by placing an advertisement in the Borough newsletter and by posting a notice in public places where public notices are customarily posted by the Borough.
[Amended by Ord. No. 412; Ord. No. 494; Ord. No. 503; 11-17-2008 by Ord. No. 692]
Mandatory recycling. It shall be mandatory for all persons who are owners, lessees and occupants of property within the Borough to separate, or cause to be separated, the recyclable materials designated in § 188-5 above from all other solid waste.
[Amended by Ord. No. 448]
Regulations for recycling. The owner, lessee and occupant of every property within the Borough who shall separate, or cause to be separated, the recyclable materials designated in § 188-5 above shall do so in strict conformity with the following regulations:
[Amended by Ord. No. 412]
Leaves. From September 1 to December 31 of each year, the owner, lessee and/or occupant of every property within the Borough shall source separate, or cause to be separated, leaves from all other solid waste generated at that property. Leaves are to be free of sticks, stones and other debris that can damage equipment. Leaves are to be raked into lengthwise windrow piles along the curbside in front of each property. Leaves shall not be placed in plastic bags.
Used newspapers. Used newspapers must be tied or bagged, no plastic bags allowed, neatly in bundles not to exceed 30 pounds and transported to the recycling center.
Aluminum cans. Aluminum cans are to be all aluminum only, no tin, foil or dinner trays, and transported to the recycling center.
Glass. Glass shall be separated, rinsed clean and all lids, caps and plastic pour spouts removed and transported to the recycling center.
Corrugated cardboard. Corrugated cardboard shall be collapsed and bundled securely to ensure that it will not be capable of being windblown or distributed on the public streets and provides further that the maximum weight of any bundle does not exceed 30 pounds, approximately 12 inches high. Each person is responsible for bringing corrugated cardboard to the recycling center.
High-grade paper. High-grade paper must be tied or bagged, no plastic bags allowed, neatly in bundles not to exceed 30 pounds and transported to the recycling center.
Private disposal of recyclable materials. Nothing in this article shall be deemed to prohibit any owner, lessee or occupant from disposing of recyclable materials privately through a sale or gift, provided, however, that in no event shall any such recyclable materials be left at the curb for any private pickup, and provided further that in no event shall any such recyclable materials be disposed of as part of and through the solid waste pickup by the Borough's scavenger contractor.
Ownership after placement at recycling center. From the time recyclable materials are placed at the recycling center by the owner, lessee or occupant for processing by the Borough, such recyclable materials shall become the property of the Borough. Once recyclable materials have been so placed at the recycling center, it shall be a violation of this section for any unauthorized person to collect or pick up, or cause to be collected or picked up, any such recyclable materials for any purpose whatsoever. Any and each such collection from the recycling center shall constitute a separate and distinct offense punishable as hereinafter provided.
This article shall be referred to the Planning Board which, under N.J.S.A. 40:55D-28, is responsible for preparing, adopting and maintaining the Borough's Master Plan to guide the use of lands within the Borough in a manner which protects public health and safety and promotes the general welfare. In accordance with N.J.S.A. 13:1E-99.16(c), the Planning Board shall, within 30 days of the effective date of this article and at least every 36 months thereafter, conduct a review and make such revisions to the Master Plan and development regulations adopted by the Planning Board pursuant to N.J.S.A. 40:55D-1 et seq., as are necessary to:
Reflect changes in state, county and Borough policies and objectives, including those set forth in this article, concerning the collection, disposition and recycling of designated recyclable materials; and
Cause such Master Plan and development regulations to contain provisions requiring:
Any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land, to provide for the collection, disposition and recycling of designated recyclable materials. The Planning Board shall also make recommendations to the Mayor and Council for amendments to Chapter 220, Zoning, and Chapter 195, Subdivision of Land, and Chapter 179, Site Plan Review, in accordance with this section.
The recycling coordinator, or his/her designee, is hereby authorized and directed to enforce this article. The recycling coordinator is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of designated recyclable materials in accordance with the terms hereof; such rules and regulations to be subject to change, modification, repeal or amendment by a majority vote of the Mayor and Council.
[Amended 4-25-2001 by Ord. No. 586]
Any person, firm or corporation who shall violate or fail to comply with any provision of this article or of any regulation promulgated pursuant thereto shall, upon conviction thereof, be punished by a fine not to exceed $5 for the first offense, $10 for the second offense, $25 for the third offense and a fine of not more than $350 for each offense thereafter; except, however, an initial conviction for failure to comply with §§ 188-6D, and any rules and regulations issued pursuant thereto, shall be punished by a fine not to exceed $350.
[Adopted 7-28-2010 by Ord. No. 713]
This article requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semiliquids or solids from the containers to the municipal separate storm sewer systems(s) operated by the Borough of Alpine and/or the waters of the state so as to protect public health, safety, and welfare, and prescribing penalties for the failure to comply.
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
- A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Alpine or other public body, and is designed and used for collecting and conveying stormwater.
- Any individual, corporation, company, partnership, firm, association or political subdivision of the state subject to municipal jurisdiction.
- REFUSE CONTAINER
- Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
- Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow-removal equipment.
- WATERS OF THE STATE
- The ocean and its estuaries, all streams, springs, and bodies or surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases, or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semiliquids, or solids to the municipal separate storm sewer system(s) operated by the Borough of Alpine.
Exceptions are as follows:
Permitted temporary demolition containers.
Litter receptacles (other than dumpsters or other bulk containers).
Individual homeowner trash and recycling containers.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
This article shall be enforced by the Police Department and/or the Property Maintenance Official for the Borough of Alpine.
Any person who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $500 for a first offense, and $1,000 for each subsequent offense.