Township of Rochelle Park, NJ Mandatory Recycling

For the purpose of this article of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

ALUMINUM CANS

All disposable containers fabricated primarily of aluminum and commonly used for beverages, usually having a capacity of between seven and 16 ounces.

ALUMINUM SCRAP

All products made of aluminum, excluding aluminum cans, such as doorframes, window frames, screen frames, lawn chairs and similar types of aluminum products.

CORRUGATED

Structural material shaped in parallel furrows and ridges for rigidity and utilized to construct packaging and shipping containers.

DEBRIS

Stones, dirt, demolition material, broken concrete and other like material.

FERROUS SCRAP

All metal scrap containing steel or cast iron.

[Added 5-18-1994 by Ord. No. 678]

FOOD WASTE

Putrescible animal, fish, fowl, fruit or vegetable waste incident to and resulting from the use, preparation, cooking and consumption of food.

GARBAGE

All garbage and rubbish normally placed at the curb by the residents and commercial occupants of the Township of Rochelle Park for regular solid waste collection.

GLASS

All products made from silica or sand, soda ash or limestone, the product being transparent or translucent and being for packaging or bottling of various matter; specifically, clear green and brown glass containers only. Excluded are all other colored glass items and glass commonly known as "window glass."

GRASS CLIPPINGS

Those materials formed from grass that are suitable for composting and/or mulching purposes.

[Added 10-15-1991 by Ord. No. 622]

HI-GRADE PAPER

White typing paper, ledger paper, copier paper, carbonless computer printout paper, manila tab cards and file folders.

[Added 6-19-1989 by Ord. No. 568]

HOUSEHOLD-GENERATED BATTERIES

[Added 12-21-1994 by Ord. No. 685; amended 4-19-1995 by Ord. No. 688]

LEAVES

Those materials formed from trees and bushes that are suitable for composting and/or mulching purposes.

MAGAZINES

Magazines or periodicals printed on glossy stock or paper of heavier quality than that commonly recognized as "newsprint."

METAL

All products made of metal, exclusive of aluminum, including washers, dryers, refrigerators, stoves, hot-water heaters, tire rims, springs, bicycles and other similar metal products.

MIXED PAPER

Noncontaminated paper products of all grades and types, such as used newspapers, magazines, corrugated, books, food cartons, cardboard boxes, wrapping paper, bags and discarded letters and envelopes.

NEWSPAPER

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. Expressly excluded, however, are all other periodicals, as well as other paper products of any nature whatsoever.

PLASTICS

All plastic containers with the designations one through seven are hereby included, unless the Township Committee from time to time places a limitation. It shall be the obligation of the Township Committee, if a limitation on the plastic containers is put into effect, to notify the residents.

[Added 10-15-1991 by Ord. No. 622]

SOLID WASTE

All solid waste, garbage, leaves, refuse, trash, etc., usually disposed of under the municipal garbage contract and normally placed for front yard pickup by residents of the Township of Rochelle Park for usual collection at regular intervals by the contractor.

TIN CANS or FERROUS CONTAINERS

Cans made of steel or tin. The most common are tin-plated steel cans which contain food.

[Added 5-18-1994 by Ord. No. 678]

TRASH

Ashes, plastic material, ceramics, blue and flat glass, nonputrescible solid waste, building materials, contaminated paper, unwanted furniture, cabinets and other similar materials.

WHITE GOODS

Used appliances, such as refrigerators, washers, dryers and stoves, also referred to as "metal" above.

[Added 5-18-1994 by Ord. No. 678]

§ 112-13.1 Mandatory recyclable materials.

[Added 5-18-1994 by Ord. No. 678; amended 7-15-2009 by Ord. No. 1007-09]

Mandatory recyclable materials are as follows;

Residential Sector	Commercial Sector
Newspaper	Corrugated cardboard
Glass beverage containers	High-grade office paper
Aluminum cans	Glass beverage containers
Ferrous scrap	Ferrous scrap
Leaves	White goods
White goods	Aluminum cans
Tin cans	Mixed paper
Grass	Construction and demolition debris (concrete, brick, tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard; where practical)
Construction and demolition debris (concrete, brick, tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard; where practical)	Type 1 and 2 plastic containers
Corrugated cardboard
Mixed paper
Type 1 and 2 plastic containers

§ 112-13.2 License required for construction and demolition.

[Added 5-18-1994 by Ord. No. 678]

All construction and demolition performed by a person other than the owner of the premises in residential dwellings and/or construction and demolition performed in any commercial establishment shall require the obtaining of a license from the Recycling Coordinator.

§ 112-14 Establishment of program.

[Amended 10-15-1991 by Ord. No. 622]

There is hereby established a program for the mandatory separation of paper products, glass, aluminum, metal, garbage, trash and debris within the Township of Rochelle Park. Concurrent with the passage of this amendment, the township is contracting with a private scavenger for the implementation of its recycling program.

§ 112-15 Separation and placement; collection.

Separation and placement. The occupant and/or owner of any building within the Township of Rochelle Park who shall place for disposal, removal or collection the following named items shall do so in strict conformity with the following regulations:

(1)

Wastepaper products shall be bundled separately and secured in bundles not to exceed 25 pounds and shall not be contained in plastic bags. Paper products may be placed in brown paper bags.

(2)

(Reserved)[1]

[1]

Editor's Note: Former Subsection A(2), regarding separation of green and brown glass, was repealed 10-15-1991 by Ord. No. 622. See now Subsection A(12).

(3)

(Reserved)[2]

[2]

Editor's Note: Former Subsection A(3), regarding separation of aluminum cans and scrap, was repealed 10-15-1991 by Ord. No. 622. See now Subsection A(12).

(4)

Corrugated paper products shall be tied into bundles as described above.

(5)

Garbage: according to the existing Garbage Ordinance.[3]

[3]

Editor's Note: See Article II of this chapter.

(6)

Trash and debris shall be placed in metal or heavy-duty plastic containers, boxes or plastic bags, secured by a lid or securely tied, with a total weight not to exceed 50 pounds.

(7)

Brush. Branches shall be tied in bundles not to exceed four feet in length and of sufficient size and weight (not to exceed 50 pounds) to be handled by one man.

(8)

Large nonmetal items, such as furniture, rugs, mattresses, television sets, tires and household-generated batteries, shall be placed at curbside on the day designated for collection of such items.

[Amended 4-19-1995 by Ord. No. 688]

(9)

Large metal items, such as washers, dryers, refrigerators, bedsprings and bicycles, shall be placed at curbside on the day designated for collection of such items.

(10)

Leaves shall be placed in compostable paper bags.

(11)

Hi-grade paper shall be separated by all commercial businesses handling such paper and shall be disposed of at a vendor authorized to acquire the same.

[Added 6-19-1989 by Ord. No. 568]

(12)

All commingled products, which consist of glass (all colors), aluminum cans and scrap plastics number one through seven and tin cans, shall be contained in a reusable occupant or owner-supplied container. It is understood that this shall include any future items mandated by the state as recyclable.

[Added 10-15-1991 by Ord. No. 622]

(13)

Grass clippings shall be placed in compostable paper bags and must not be commingled with leaves.

[Added 10-15-1991 by Ord. No. 622]

General collection. The collection, removal and disposal of wastepaper products, glass, aluminum, garbage, trash, debris and large objects shall be scheduled and regulated by the enactment of resolutions from time to time by the Township Committee with the advice of the Recycling Commissioner, which shall establish the time, method of routes of service and the color-coding of receptacles. Special times for large-item pickup shall be established.

Leaf collection. Leaves shall be kept separate and apart from other solid waste at any time of the year and, unless stored or recycled for composting or mulching by the generator, shall not be disposed of except in a licensed leaf composting facility, vegetative waste composting or recycling center. It shall be mandatory for all persons who accumulate leaves, unless stored or recycled for composting or mulching by the generator, to separate the same from municipal solid waste and to place said leaves at curbside for collection in accordance with this article, at a scheduled interval particular to that specific geographical area of the Township of Rochelle Park as prescribed in regulations promulgated by the Township Committee of the Township of Rochelle Park.

[Amended 5-7-1990 by Ord. No. 594]

Reporting and registration.

[Added 6-19-1989 by Ord. No. 568; amended 12-3-1990 by Ord. No. 606]

(1)

With respect to all premises not receiving municipal collection services, it shall be the responsibility of the owners, lessees and/or occupants of such premises to contract for the private collection of recyclables in accordance with the terms hereof. Any such person contracting for such private collection of recyclables shall furnish to the Recycling Coordinator the name, address and telephone number of the private scavenger with whom such person has a contract to collect recyclables, the address at which such recyclables are collected and a description of such recyclables. Such information shall be furnished to the Recycling Coordinator annually during the month of January. In the event that there is a change in private scavengers within the calendar year, the person contracting with such private scavengers shall notify the Recycling Coordinator within 30 days following such change.

(2)

Any scavenger performing private collection of recyclable materials within the Township of Rochelle Park shall register annually with the Recycling Coordinator. At the time of registration, the scavenger shall furnish the Recycling Coordinator with the following information:

(a)

The name of the scavenger.

(b)

The place of business.

(c)

The telephone number.

(d)

The name and address of any person holding a 10% or greater interest in the scavenger's business or who is an officer of such scavenger's business.

(3)

Each such scavenger shall complete and furnish to the Recycling Coordinator a monthly statement of recyclable materials collected within the Township of Rochelle Park, which shall contain:

(a)

A list of properties within the Township of Rochelle Park from which recyclable materials are collected.

(b)

An estimate of the quantity of such recyclable materials collected from within the Township of Rochelle Park.

(c)

The name and location where such recyclable materials are deposited after collection.

(d)

Such other information as may reasonably be required by the Recycling Coordinator.

(4)

No person shall collect any recyclable material within the Township of Rochelle Park unless such person has registered with the Recycling Coordinator in accordance with the provisions hereof.

§ 112-16 Receptacle requirements; time for placement.

General. All receptacles required herein shall be supplied by the occupant and/or owner of the premises, and all recyclable material receptacles shall be placed between the curb and sidewalk where they shall be readily accessible to the collector. The occupant and/or owner shall keep all receptacles clean and in condition for safe handling. Containers or bundles shall not be placed at the curb for collection prior to 6:00 p.m. on the day preceding collection, nor shall any containers or bundles be left at the curb beyond 8:00 p.m. of the day of collection.

[Amended 10-15-1991 by Ord. No. 622]

Leaves. All persons shall comply with the following regulations:

(1)

The use of any and all plastic container bags in conjunction with actual leaf collection by the Township of Rochelle Park is prohibited.

(2)

All leaves must be separated from municipal solid waste generated within the Township of Rochelle Park and, as a consequence, are prohibited from inclusion in the regular curbside collection of municipal solid waste.

(3)

Alternate means of disposal for leaves.

(a)

Strict adherence to all requirements contained herein or regulations to be promulgated notwithstanding, any person may choose to compost and/or mulch his particular leaves on site for his personal horticultural benefit, provided that such activities are of no adverse consequence to health and safety codes currently governing or to be promulgated to govern such activity and that such alternate means of disposal are accomplished at no cost to the Township of Rochelle Park.

(b)

At the option and expense of persons required to separate leaves from municipal solid waste, said leaves may be brought to the leaf composting facility under contract with the Township of Rochelle Park.

Placement at curb. All leaves, garbage, rubbish or refuse shall be placed for collection between the curb and sidewalk, where they shall be readily accessible to the collector. The occupant and/or owner shall keep all receptacles clean and in condition for safe handling. Containers or bundles shall not be placed at the curb for collection prior to 6:00 p.m. on the day preceding collection, nor shall any containers or bundles be left at the curb beyond 8:00 p.m. of the day of collection.

[Amended 10-15-1991 by Ord. No. 622]

§ 112-17 Collection by unauthorized persons.

From the time of placement at the curb by anyone of the categories described herein for collection by the Township of Rochelle Park in accordance with the terms hereof, items shall be and become the property of the Township of Rochelle Park or its authorized agent. It shall be a violation of this article for any person unauthorized by the Township of Rochelle Park to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more residences shall constitute a separate and distinct offense, punishable as hereinafter provided.

§ 112-18 Violations and penalties.

[Amended 10-15-1991 by Ord. No. 622; 9-21-2016 by Ord. No. 1104-16]

Any violation of this article shall, upon conviction, be punishable as follows:

For the first offense in any calendar year, by a fine of $25.

For the second offense in any calendar year, by a fine of $50.

For the third offense in any calendar year, by a fine of between $100 and $250. A court appearance shall be mandatory for a third offense.

For the fourth offense, by a fine up to $1,000, and/or imprisonment for a term not exceeding 90 days, or any combination thereof. A court appearance shall be mandatory for a fourth offense.

If the owner of any property who is charged with violating this article chooses to enter a plea of guilty for a first or second offense, he shall be entitled to pay the fine without the necessity of a court appearance.

Separate violation. Except as otherwise provided, every day that the violation shall continue shall be deemed a separate violation.

This section may be enforced by the Department of Public Works, Health Department, Police Department, Building Department or Property Maintenance Department.

§ 112-19 Violations and penalties.

[Amended 9-21-2016 by Ord. No. 1104-16]

Any violation of this article shall, upon conviction, be punishable as follows:

For the first offense in any calendar year, by a fine of $25.

For the second offense in any calendar year, by a fine of $50.

For the third offense in any calendar year, by a fine of between $100 and $250. A court appearance shall be mandatory for a third offense.

For the fourth offense, by a fine up to $1,000, and/or imprisonment for a term not exceeding 90 days, or any combination thereof. A court appearance shall be mandatory for a fourth offense.

Separate violation. Except as otherwise provided, every day that the violation shall continue shall be deemed a separate violation.

This section may be enforced by the Department of Public Works, Health Department, Police Department, Building Department or Property Maintenance Department.

§ 112-20 Repealer.

All ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistency only.

§ 112-21 Severability.

If any section or provision of this article shall be held invalid in any court, the same shall not affect the other sections or provisions of this article, except so far as the section or provision so declared invalid shall be declared invalid, and shall be inseparable from the remainder or any portion thereof. All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed to the extent of such inconsistency.

§ 112-22 When effective.

This article shall take effect upon publication as provided by law.