[Adopted 5-16-1988 by Ord. No. 1069; amended 5-29-1991 by Ord. No.
1123(§§ 117-14 to 117-28 of the 1982
Code)]
It is the purpose of this article to bring the
Borough of Leonia in compliance with the mandatory, state-wide recycling
program L. 1987 c. 102, and the Clean Communities and Recycling Act,
N.J.S.A. 13:1E-92 et seq.
[Amended 3-1-1993 by Ord. No. 1156[1]]
As used in this article, the following terms
have the meaning indicated:
Household batteries as specified:
Cans composed of steel sides and bottoms and an aluminum
top.
Biodegradable paper or cotton bags which decompose in normal
composting facilities and processes, and are acceptable to the New
Jersey Department of Environmental Protection.
All wood including housing construction wood, except all
creosote-treated wood and telephone poles; all tree parts, tree stumps
and trunks, roots, asphalt shingles, aluminum siding, two-by-three-foot
(maximum) rock blocks or pieces, concrete, stone, brick, and cinder
blocks.
An area where recyclable materials are placed for collection.
Those recyclable materials, including but not limited to
metals, glass, paper or plastic containers; food and waste; corrugated
and other cardboard; newspaper; magazines; or high grade office paper
designated by the Borough and its legally appointed officials in this
article to be source separated.
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 metal scrap containing steel and/or cast iron.
Glass bottles, clear, green or brown only, separated by those
colors.
To include, but not limited to, not for profit, religious,
educational, and governmental organizations.
Leaves only and does not include grass clippings and brush.
Includes but is not limited to all letter mail, high-grade
office paper, magazines, and catalogues.
All residential, commercial and institutional solid waste
generated within the boundaries of the Borough.
A dwelling unit with more than eight units.
Includes 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 metal scrap which does not contain steel or iron, but
which does contain aluminum, copper, lead or brass.
Books, covered or bound with paper, and include but are not
limited to telephone books, soft-covered pocket books.
Soft drink bottles; milk, juice and water jugs; beverage
bottles; detergent and bleach bottles; not included: plastic toys,
food containers, lawn furniture.
A sole proprietorship business, or an incorporated or nonincorporated
company engaged in part-time work or per job contracted work on any
property in the Borough of Leonia.
A carter who holds a tariff from the New Jersey Board of
Public Utilities or license from the New Jersey Department of Environmental
Protection and Energy.
Those materials which would otherwise become municipal solid
waste which may be collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products.
Any process by which materials that would otherwise become
solid waste are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
Any facility designed and operated solely for receiving,
storing, processing and transferring source metal, glass, paper, plastic
containers, corrugated and other cardboard or other recyclable materials
approved by the Department of Environmental Protection.
Any person who owns, leases and/or occupies a dwelling within
the municipality, including single-family units and multifamily units.
Includes one-family homes and multifamily housing with fewer
than eight units.
Recyclable materials: newspapers, all paper, metals, glass,
leaves, yard waste, food waste, batteries, construction materials,
plastics (marked "1" and "2"), film bags, cardboard and chipboard
which are kept separate and apart from residential, commercial and
institutional solid waste by the generator thereof for the purpose
of collection, disposition and recycling.
Cans made of steel or tin. Commonly, such cans are tin-plated
steel cans; might also be called "ferrous" cans.
Automotive car, truck, motorcycle and bicycle tires.
Include but are not limited to washing machines, refrigerators,
stoves, and other household appliances.
Grass clippings, brush and branches no longer than six feet
and less than 2 1/2 inches in diameter.
There is hereby created the position of Leonia
Recycling Coordinator who may be the Borough Administrator, or is
an appointee who will report to the Borough Administrator, and who
shall work with the Environmental Commission and governing body on
all recycling projects.
[Added 3-1-1993 by Ord. No. 1156 [1]]
A.Â
On and after the effective date of this article, it
shall be mandatory for all persons who are residents of property or
who are owners, proprietors, private contractors, vendors or managers
of commercial, industrial and other institutions or properties in
the Borough of Leonia to separate the recyclable materials designated
in § 117-17 from all other solid waste and to adhere to
the guidelines and pickup schedule as published in the DPW schedule.
[Amended 3-1-1993 by Ord. No. 1156]
B.Â
All newspapers will be bundled securely and separately
from other materials for recycling pickup to ensure that they will
not be windblown or distributed in the public streets and provided
further than the maximum weight of any bundle does not exceed 30 pounds
(approximately 12 inches high). Acceptable methods include tying with
string and boxing.
C.Â
All corrugated cardboard, like newspapers in Subsection B above will be flattened, bundled securely and kept separate from other recyclables for pickup.
D.Â
Glass bottles and jars (food containers) with caps
and rings removed shall be commingled (green, brown and flint) by
the owner, or occupant, into approved containers for recycling. Approved
containers include metal and plastic buckets with handles whose weight
when full shall not exceed 30 pounds. Containers are the property
of, and to be maintained by, the owner or occupant. All glass bottles
and jars (food containers) shall be rinsed.
[Amended 3-1-1993 by Ord. No. 1156 [1]]
E.Â
Aluminum, bimetal, and tin cans, excluding used foil
shall be separated and placed collectively into an approved container
similar to those for glass bottles and jars.
G.Â
Multifamily unit residents shall place their recyclables
in a designated area to be determined through negotiation with the
DPW and the Recycling Coordinator.
H.Â
Owners, proprietors or managers of commercial, industrial
and other institutions and properties shall place their recyclables
in a designated area or remove in a manner to be determined through
negotiation with the DPW and the Recycling Coordinator.
[Amended 3-1-1993 by Ord. No. 1156 [1]]
A.Â
From approximately October 1 to December 15 of each
year, the owner, lessee or occupant of every property within the Borough
shall source separate leaves from solid waste generated by the property.
Leaves shall be placed in the street (Fort Lee Road, Grand Avenue
and Hoefley's Lane only) at curbside only in front of property or
in paper compostable bags approved by the NJDEP. Leaves may not be
placed in or left in plastic bags.
B.Â
During the rest of the year, leaves may not be placed
in the street or on the curb.
[Added 3-1-1993 by Ord. No. 1156]
It shall be mandatory for commercial establishments
to separate used tires produced by such establishments for private
collection and ultimate recycling of materials. It also shall be mandatory
that commercial establishments contract a private scavenger to separate
and dispose of all used tires.
Collection of domestic or household bulky items,
such as washing machines, refrigerators, stoves, household appliances,
ferrous scrap, nonferrous scrap and other household furnishings, shall
not be placed at the curb for collection unless arrangements have
first been made with the Recycling Coordinator. The cost for pickup
of such items by special arrangement may be imposed.
Collection of all source-separated recyclables
shall be made by the Leonia Department of Public Works as directed
by the Mayor and Council with primary administrative supervision under
the control of the Recycling Coordinator.
The Recycling Coordinator may be 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.
Nothing in this article shall be deemed to prohibit
any owner, lessee or occupant of disposing of recyclable materials
privately through a sale or gift provided that in no event shall such
recyclable materials be left at the curb or any such recyclable materials
be disposed of as part of the solid waste pickup by the Borough of
Leonia.
A.Â
Private scavenger contracts. If the commercial establishment
is either unable or unwilling to secure a market and collector for
designated mandatory recyclable materials, the Borough of Leonia,
through its Recycling Coordinator may secure such markets and enter
into contracts on behalf of the commercial establishment for the collection
and disposal of designated recyclable materials; provided, however,
that the commercial establishment shall be responsible for any and
all expenses associated with the said contract.
[Added 3-1-1993 by Ord. No. 1156]
B.Â
Letter exemptions. Exemption from the mandatory municipal
recycling program may be requested by any owner, lessee or occupant,
and private service contractor of business and/or commercial establishment
of the Recycling Coordinator. A request for exemption must be made
in writing on the prescribed form and submitted to the Recycling Coordinator.
[Added 3-1-1993 by Ord. No. 1156]
From the time recyclable materials are placed
at the curb or designated area by the owner, lessee or occupant for
collection by the Borough of Leonia such recyclable materials shall
become the property of the Borough. It shall be a violation of this
article for any unauthorized person to collect or pickup or cause
to be collected or picked up any such recyclable materials for any
purpose whatsoever once the same has been placed at the curb. Any
and each such collection in violation for one or more premises shall
constitute a separate and distinct offense punishable as hereinafter
provided.
A.Â
The Recycling Coordinator shall annually submit a
recycling tonnage report to the New Jersey Office of Recycling.
B.Â
All commercial, institution or multifamily units which
are not serviced by the municipal recycling collection shall 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.
[Amended 3-1-1993 by Ord. No. 1156]
C.Â
The Municipal Recycling Coordinator will compile all
recycling documentation and report to the County Recycling Coordination
as required.
A.Â
The Environmental Commission shall notify all persons
owning, leasing or occupying property within the Borough of Leonia
of the Borough’s recycling opportunities and the source separation
requirements of this article. This notice shall be done by placing
an advertisement in a newspaper circulating in the Borough of Leonia
and by posting a notice in public places where public notices are
customarily posted by the Borough and by a mailing to all residential
taxpayers.
B.Â
Not less than annually after the initial notification
the Commission shall notify all persons occupying residential, commercial
and institutional premises within the Borough of Leonia of local recycling
opportunities and the source separation requirements of this article.
Said notification shall be done by placing an advertisement in a newspaper
circulating in the Borough of Leonia, by posting notices which are
customarily posted by the Borough, and by mailing notices to all residents
with tax bill or in separate mailing.
The Superintendent of the Department of Public
Works or the Recycling Coordinator is hereby authorized and directed
to establish and promulgate reasonable rules and regulations in accordance
with the terms hereof; said rules and regulations are subject to change,
modification, repeal or amendment by majority of the Mayor and Council
A.Â
It shall unlawful to combine designated recyclables
with other solid waste. Failure to source separate designated materials
for recycling is a violation of this article. Moreover, recyclable
materials, as defined by the Borough’s source separation program,
found in the waste stream will permit the Department of Public Works
to not pick up that waste, garbage or trash. The owner or occupant
will be notified of the nature of the violation that prevented the
waste from being collected.
B.Â
It shall be the responsibility of the non-recycler
whose solid waste was not removed because it contained recyclables
to properly segregate the uncollected waste for proper recycling.
Allowing unseparated refuse to accumulate will be considered a violation
of this article and the local Sanitary Code.[1]
C.Â
Any person, firm or corporation violating the provisions
of this article shall be liable to penalties up to a maximum of $25
for the first offense, $250 for the second, and $500 for the third
offense and all subsequent offenses.
