[HISTORY: Adopted by the Mayor and Council
of the Borough of Ridgefield: Art. I, 3-26-1990 as Ord. No. 1399; Art.
II, 2-10-1992 as Ord. No. 1460. Amendments noted where applicable.]
[Adopted 3-26-1990 as Ord. No. 1399[1]]
[1]
Editor's Note: This ordinance also repealed
former Ch. 43, Garbage, Rubbish and Refuse, adopted 4-15-1975 as Ord.
No. 999, as amended.
It is found by the Mayor and Council that conservation
of recycling materials has become an important public concern in improving
our environment and the growing problem of solid waste disposal has
shown the increasing necessity to conserve our natural resources.
It is further a finding that the Board of Chosen Freeholders of the
County of Bergen has advised that, because of the lack of space at
the Bergen County sanitary landfill areas under its jurisdiction and
control, after April 1, 1975, the acceptance of newspaper at any Bergen
County sanitary landfill area as part of refuse delivered for disposal
will be prohibited. It is further a finding that the separation of
newspaper and magazines from refuse is in the best interest of the
Borough of Ridgefield and promotes the general welfare. It is a further
finding that the laws of the State of New Jersey now impose certain
requirements on local government entities to recycle certain materials.
It is the purpose of this Article to comply
with the New Jersey Statewide Mandatory Source Separation and Recycling
Act, P.L. 1987, c. 102, and the New Jersey Recycling Act of 1981,
P.L. 981, c. 278.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-92 et seq.
As used in this Article, the following terms
shall have the meanings indicated:
All aluminum cans.
Used oil from autos, lawn mowers and motorcycles.
Those designated recyclable materials which may be disposed
of together in a common reusable receptacle. These shall include aluminum
cans, glass containers, bimetal (tin) cans, PET beverage containers
and plastic bottles. Glass containers shall not be broken. The Recycling
Coordinator may require, from time to time, that all labels must be
removed from all "commingled recyclable materials."
A biodegradable, two-ply, wet-strength, treated, recyclable
paper or corn silk bag which can be placed or added directly to a
compost pile.
Source-separated nonputrescible recyclable material generated
from the construction, alteration, repair, maintenance and/or demolition
of structures within Bergen County. This material shall include concrete,
bricks, block, ferrous and nonferrous scrap, asphalt, asphalt shingles,
recyclable wood scrap and any and all other material generated from
the construction, alteration, repair, maintenance and/or demolition
of a structure or structures within Bergen County that a municipality
may deem recyclable.
[Added 3-28-1994 by Ord. No. 1507]
Cardboard of the type to make cardboard boxes, cartons, pasteboard
and similar corrugated and kraft paper material.
Those recyclable materials, including ferrous metals (white
goods), (color-separated) glass, food waste, corrugated cardboard,
newspaper, high-grade paper, aluminum, automotive waste oil, leaves
and PET beverage containers.
All products made of metal, exclusive of aluminum, including
washers, dryers, refrigerators, stoves, hot-water heaters, tire rims,
springs, bicycles, bimetal cans (tin cans) or scrap metal.
Any edible waste material resulting from handling, preparation,
processing, cooking or consumption of food.
All products made from silica or sand, soda ash and limestone
which are transparent or translucent and used for packaging or bottling
of various matter and all materials commonly known as "glass"; excluding,
however, blue and flat glass commonly known as "window glass" or "plate
glass."
Grass only (no brush) must be placed in biodegradable containers
(no plastic bags) and marked "GRASS."
[Added 3-28-1994 by Ord. No. 1507]
Any cuttings or clippings from the family of plants commonly
known as "grass," bearing the proper name Gramineae.
[Added 6-11-1990 by Ord. No. 1408]
White typing and ledger paper, white notepad paper, copier
paper, carbonless computer printout paper, manila tab cards and file
folders.
Leaves only, and not including grass clippings and brush.
Source-separated mixture of all types of paper, including
but not limited to corrugated, high-grade paper, newspapers, magazines,
telephone directories, wrapping paper, box board, books, grocery bags
and junk mail.
[Added 3-28-1994 by Ord. No. 1507]
Paper of the type commonly referred to as "newsprint" and
magazines, periodicals and advertisements.
Hermetically sealed or airtight containers with a metal or
plastic cap, containers with a minimum wall thickness of not less
than ten thousandths (0.010) inch and composed of thermoplastic synthetic
polymergic materials; commonly known as "one-, two and three-liter
soda beverage bottles."
All plastic bottles such as those used to hold milk, detergent
and bleach, etc., as specified by the recycling market.
A carter which holds a tariff from the New Jersey Board of
Public Utilities or a license from the New Jersey Department of Environmental
Protection.
The area designated by the Borough as such where designated
recyclable materials may be disposed of in the appropriate receptacles
provided.
Those receptacles used to place commingled recyclable materials
at curbside for disposal. These receptacles shall be a reusable type
(aluminum, plastic or metal) with a capacity no larger than forty
(40) gallons.
Used appliances such as refrigerators, washers, dryers and
stoves.
[Added 3-28-1994 by Ord. No. 1507]
A.
The position of Recycling Coordinator is hereby created
and established within the Borough of Ridgefield.
B.
The Recycling Coordinator shall be appointed by the
governing body for a term of one (1) year expiring December 31 of
each year.
C.
The Recycling Coordinator, subject to the approval
of the governing body, shall establish and promulgate reasonable rules
and regulations as to the manner, days and times for the collection,
storage, transportation, sale and/or marketing of said recyclable
materials in order to encourage the preservation of material resources
while minimizing the cost of the recycling program to the Borough
of Ridgefield. The Recycling Coordinator may, in his reasonable discretion,
from time to time, relax the requirements of this Article.
D.
The Recycling Coordinator shall annually submit a
recycling tonnage report to the New Jersey Office of Recycling and
other such reports required by the Bergen County Utilities Authority.
A.
Effective immediately, it shall be mandatory for all
persons, lessees and occupants of residential property to separate
aluminum cans, glass bottles (color-separated), leaves, grass clippings
and newspapers from all other solid wastes produced by such residences
for collection/deposit and the ultimate recycling of said material.
[Amended 6-11-1990 by Ord. No. 1408]
B.
Designation of recyclable materials.
[Amended 6-11-1990 by Ord. No. 1408; 3-28-1994 by Ord. No.
1507; 2-27-1995 by Ord. No. 1525; 3-9-2009 by Ord. No. 2081]
(1)
Mandatory. The following are identified as mandatory
materials:
(a)
Aluminum.
(b)
Glass.
(c)
Leaves.
(d)
Newspapers/magazines.
(e)
Ferrous metals (white metals).
(f)
PET beverage containers.
(g)
Plastic bottles.
(h)
Bimetal (tin) cans.
(i)
Grass clippings.
(j)
White goods.
(k)
Grass.
(l)
Household-generated batteries.
(m)
Construction and demolition debris (concrete, brick, tree parts,
nonferrous metal, asphalt, and corrugated cardboard; where practical).
(n)
Corrugated cardboard.
(o)
Mixed paper.
(p)
Type 1 and 2 plastic containers.
C.
Separation, collection and disposal methods of designated
recyclable materials.
(1)
Commingled recyclable materials (mandatory), including
aluminum cans, glass, bimetal (tin) cans, PET beverage containers
and plastic bottles, shall be separated from other household waste
and trash and placed in a common reusable container for curbside collection.
The reusable container shall be placed at curbside, according to a
schedule adopted by the Recycling Coordinator, on designated days
to be collected by municipal employees. Commingled recyclable materials
may also be disposed of in receptacles provided at the municipal recycling
center during posted hours of operation. Glass containers shall not
be broken.
(2)
Automotive waste oil (voluntary) may be separated
and disposed of in receptacles provided at the municipal recycling
center.
(3)
Ferrous metals (white metals) (mandatory) shall be
separated at curbside for collection after special arrangements have
been first made with the Department of Sanitation. Disposal may also
be made in the receptacles provided at the municipal recycling center.
(4)
Leaves and grass clippings (mandatory) shall be placed
in bags of a specific type designated by the Municipal Recycling Coordinator
and placed at curbside the evening before a scheduled pickup date
as scheduled by the Municipal Recycling Coordinator. Leaves and grass
clippings shall not be commingled but rather shall be placed in separate
bags. Bagged leaves and grass clippings shall be collected by the
Borough. The Recycling Coordinator may provide, from time to time,
that leaves, unbagged, be placed in the street abutting the property
for collection by the Borough. The Recycling Coordinator shall promulgate
regulations, schedules and procedures for the collection of leaves
and grass clippings. Anyone placing unbagged leaves in the street
for pickup shall see to it that the leaves are piled neatly and do
not extend into that portion of the street used by vehicular traffic.
[Amended 6-11-1990 by Ord. No. 1408; 12-26-1990 by Ord. No. 1424]
(5)
Newspapers/magazines (mandatory) shall be separated,
secured and tied in bundles not to exceed fifteen (15) inches in height.
Such bundles shall not be contained in plastic bags. These bundles
shall be placed at curbside twice a month on designated days to be
collected by municipal employees. Bundles of newspapers/magazines
may also be disposed of in receptacles provided at the municipal recycling
center.
(6)
Townhouse and apartment residents shall place mandatory recyclable items as described in § 317-5B(1) in designated areas within the respective complex for collection purposes. Newspapers/magazines must be bundled as described in Subsection C(5). Townhouse and apartment residents may also dispose of recyclable materials in receptacles provided at the municipal recycling center during posted hours of operation.
(7)
Grass (no brush) must be placed in biodegradable containers
(no plastic bags) and marked "GRASS."
[Added 3-28-1994 by Ord. No. 1507]
D.
Set-out time. For collection pursuant to a schedule
announced by the Borough of Ridgefield, all approved containers must
be placed at the curbline where easily accessible. No containers shall
be set out prior to 5:00 p.m. on the day prior to collection, and
all containers shall be removed by 8:00 p.m. on the collection day.
When a regular collection day falls on a legal holiday, containers
shall not be set out until the next regularly scheduled collection,
unless special announcement of collection is made by the Borough.
E.
Solid waste wrapped in newspaper permissible. Anything
herein to the contrary notwithstanding, any person who is an owner,
lessee or occupant may wrap solid waste in used newspaper and discard
the same with regular solid waste.
F.
Procedure upon refusal to collect. Any solid waste
placed for collection by a residential user not in accordance with
this section will be refused by the municipal collector, and it shall
be the responsibility of the residential user to remove said solid
waste from the curbline by 8:00 p.m. on the day of collection and
have it properly containerized, packaged or secured for purposes of
collection on the next scheduled date.
G.
Washing aluminum, glass and plastic containers. All
aluminum, glass, bimetal and plastic food containers must be washed,
rinsed and have labels removed to be free of food residue before placing
at curbside.
A.
Effective April 1, 1990, it shall be mandatory for
all owners, lessees and occupants of business and/or commercial properties
to separate corrugated cardboard, glass bottles (color-separated),
food waste, high-grade paper and ferrous scrap produced by such business
or commercial properties for private collection/deposit and the ultimate
recycling of said material.
B.
Designation of recyclable materials.
[Amended 3-28-1994 by Ord. No. 1507; 2-27-1995 by Ord. No. 1525; 3-9-2009 by Ord. No. 2081]
(1)
Mandatory. The following are identified as mandatory
recyclable materials:
(a)
Automotive waste oil.
(b)
Corrugated cardboard.
(c)
Glass, color-separated.
(d)
Ferrous metals (white metals).
(e)
Food waste.
(f)
High-grade office paper.
(g)
Leaves.
(h)
Aluminum.
(i)
White goods.
(j)
Mixed paper.
(k)
Construction and demolition debris (concrete,
brick, tree parts, nonferrous metal, asphalt, and corrugated cardboard;
where practical).
(l)
Grass.
(m)
Newspapers.
(n)
Household-generated batteries.
(o)
Type 1 and 2 plastic containers.
C.
Separation, collection and disposal methods of designated
recyclable materials.
(1)
Aluminum shall be separated and disposed of in receptacles
provided at the Municipal Recycling Center with prior authorization
by the Municipal Recycling Coordinator.
[Amended 3-28-1994 by Ord. No. 1507]
(2)
Automotive waste oil (mandatory) shall be separated
and disposed of by either a private scavenger or disposed of in receptacles
provided at the municipal recycling center with prior authorization
by the Municipal Recycling Coordinator.
(3)
Corrugated cardboard (mandatory) shall be separated
and disposed of by a private scavenger.
(4)
Ferrous metal (white metal) (mandatory) shall be separated
and disposed of by a private scavenger.
(5)
Food waste (mandatory) shall be separated and disposed
of by a private scavenger.
(6)
Glass, color-separated (mandatory), shall be disposed
of by either a private scavenger or disposed of in receptacles provided
at the municipal recycling center with prior authorization by the
Municipal Recycling Coordinator.
(7)
High-grade office paper (mandatory) shall be separated
and disposed of by a private scavenger.
(8)
Leaves (mandatory) shall be separated and disposed
of by a private scavenger.
(9)
Newspapers shall be separated and disposed of by either
a private scavenger or disposed of in a receptacle provided at the
Municipal Recycling Center with prior authorization by the Municipal
Recycling Coordinator.
[Amended 3-28-1994 by Ord. No. 1507]
(10)
Grass (no brush) shall be placed in biodegradable
containers (no plastic bags) and marked "GRASS."
[Added 3-28-1994 by Ord. No. 1507]
D.
Registration requirements. It shall be the responsibility
of all owners, lessees and occupants of business and/or commercial
properties to register annually with the Municipal Recycling Coordinator
on forms provided by the Borough. The annual registration must be
filed with the Recycling Coordinator on or before January 10 of each
year. At the inception of this Article, for the year 1990, such registration
shall be filed no later than April 15, 1990. The fee for each annual
registration shall be twenty-five dollars ($25.) and shall accompany
the registration form. New businesses and/or commercial properties
must file within forty-five (45) days of the issuance of a certificate
of occupancy.
E.
Reporting requirements. It shall be the responsibility
of owners, lessees and occupants of business and/or commercial properties
to report semiannually to the Recycling Coordinator, on or before
March 1 for the preceding six-month period of July 1 through December
31 and on or before September 1 for the preceding six-month period
of January 1 through June 30, the quantities of materials recycled
on forms prescribed and provided by the Recycling Coordinator.
F.
Exemptions. Exemption from the mandatory municipal
recycling program may be requested, by any owner, lessee or occupant
of business and/or commercial properties, of the Recycling Coordinator.
A request for exemption must be made, in writing, on the prescribed
form and submitted to the Recycling Coordinator.
G.
Private scavenger contracts. If the commercial user
is either unable or unwilling to secure a market and collector for
designated mandatory recyclable materials, the Borough of Ridgefield,
through its Recycling Coordinator, may secure such markets and enter
into contracts on behalf of the commercial user for the collection
and disposal of designated recyclable materials; provided, however,
that the commercial user shall be responsible for any and all expenses
associated with said contract.
A.
Effective April 1, 1990, it shall be mandatory for
all private, public and governmental institutions and buildings to
separate high-grade office paper produced by such institutions for
private garbage collection and the ultimate recycling of materials.
High-grade office paper (mandatory) shall be separated and disposed
of by a private scavenger.
B.
Private scavenger contracts. If the institutional
user is either unable or unwilling to secure a market and collector
for designated mandatory recyclable materials, the Borough of Ridgefield,
through its Recycling Coordinator, may secure such markets and enter
into contracts on behalf of the institutional user for the collection
and disposal of designated recyclable materials; provided, however,
that the institutional user shall be responsible for any and all expenses
associated with said contract.
Nothing in this Article shall be deemed to prohibit
any owner, lessee or occupant of residential property from disposing
of recyclable materials privately through a sale or gift, provided
that in no event shall such recyclable materials be left at the curb
for any private pickup, and further provided that in no event shall
any such recyclable materials be disposed of as part of the solid
waste pickup by the Borough of Ridgefield in accordance with the normal
pickup by the Borough of Ridgefield.
From the time recyclable materials are placed
at the curb by the owner, lessee or occupant for collection by the
Borough of Ridgefield, such recyclable materials shall become the
property of the Borough. It shall be a violation of this Article for
any person unauthorized to collect or pick up or cause to be collected
or picked up any such recyclable materials for any purpose whatsoever
once the same have been placed at the curb. Any and each such collection
in violation hereof from one (1) or more premises shall constitute
a separate and distinct offense punishable as hereinafter provided.
A.
The Recycling Coordinator, no later than March 31,
1990, shall notify all persons owning, leasing or occupying property
within the Borough of Ridgefield of the Borough's recycling opportunities
and the source-separation requirements of this Article. This notice
shall be done by mailing to all postal patrons within the Borough
and by posting a notice in public places where public notices are
customarily posted by the Borough.
B.
Every six (6) months, in June and December, after
the initial notification, the Recycling Coordinator shall notify all
persons owning, leasing or occupying residential, commercial and institutional
premises within the Borough of Ridgefield of local recycling opportunities
and the source-separation requirements of this Article. Said notification
shall be done in a mailing to all postal patrons within the Borough
and by posting a notice in public places where public notices are
customarily posted by the Borough.
A.
This Article shall be referred to the Planning Board
of the Borough of Ridgefield for a revision of the Master Plan in
accordance with N.J.S.A. 13:1E-99.16c, specifically with regard to
the collection, disposition and recycling of designated recyclable
materials with any development proposal for the construction of fifty
(50) or more units of single-family residential housing or twenty-five
(25) or more units of multifamily residential housing and any commercial
or industrial development proposal for the utilization of one thousand
(1,000) square feet of land. The Planning Board shall also make recommendations
to the Mayor and Council for amendments to the Borough's Zoning Ordinance
and Subdivision and Site Plan Ordinances in accordance with this section.[1]
B.
The governing body shall adopt the required revisions
to the Master Plan no later than thirty (30) days from the effective
date of this Article.
The enforcement of the provisions of this Article
shall be the responsibility of the Recycling Coordinator, the Health
Officer, the Zoning Officer and the Departments of Police, Public
Works and Sanitation, including specifically, but without limitation,
any sanitation and/or recycling inspectors hired by the Borough from
time to time. The responsibility of monitoring the program for the
adequacy of the collection and all other terms of the established
rules and regulations is that of the Recycling Coordinator.
A.
Any person, firm, corporation or entity who or which
violates or neglects to comply with any provisions of this article,
or any rule or regulation promulgated thereto, shall be punished,
upon conviction thereof, by a fine not to exceed $500, and/or a period
of community service as determined by the Municipal Court Judge.
It is suggested to the Municipal Court Judge that any community service
imposed in connection with the sentence of a person or entity violating
this act be served in the recycling program for a period of time to
be determined by the Municipal Court Judge.
[Amended 10-12-2004 by Ord. No. 1892; 10-25-2004 by Ord. No.
1897]
B.
Each day such violation or neglect is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such.
C.
Fines levied and recovered for noncompliance with
any and all provisions of this Article shall be transmitted monthly
by the Court Clerk to the Borough Treasurer and placed in the current
fund and recorded as a dedication by rider to be utilized for the
purposes of the Borough's recycling program, including but not limited
to education, awareness and improvement in services, in accordance
with the provisions of N.J.S.A. 40A:4-39.
[Adopted 2-10-1992 as Ord. No. 1460]
The use of the Borough's recycling facility
located at the westerly end of the Pleasantview Terrace is restricted
to residents of, and commercial enterprises located in, the Borough
of Ridgefield and limited to the acceptance of designated recyclable
materials generated by the residents of, and commercial enterprises
located in, the Borough of Ridgefield. Use of the recycling facility
shall be in accordance with the rules and regulations established
by ordinance and/or the Borough's Recycling Coordinator.
No commercial enterprise may use the Borough's
recycling facility unless application shall have been made to the
Borough's Recycling Coordinator. Said permit must be exhibited by
the commercial enterprise in connection with the use of the recycling
facility.
[Amended 6-28-2010 by Ord. No. 2133]
A.
Any person found guilty of violating this article
of the Code of the Borough of Ridgefield shall be subject to a penalty
consisting of a fine or imprisonment, or both, subject to the discretion
of the Judge, the maximum of which shall be the maximum fine or term
of imprisonment permitted to be imposed by the court having jurisdiction
over the violation of this article of the Code of the Borough of Ridgefield;
provided, however, that the fine shall not be less than $100 nor more
than $2,000 per offense and the prison term shall not exceed 90 days
in accordance with N.J.S.A. 40:49-5.
B.
In the event of a continuing violation, each day shall
constitute a separate offense.
