CHAPTER XXVIII SOLID WASTE MANAGEMENT

See the Board of Health Code for additional regulations concerning the collection of solid waste.

 

 

28-1       COLLECTION AND PLACEMENT OF GARBAGE, TRASH, LEAVES AND GRASS.

 

28-1.1         Items Regularly Picked Up.

       The following items will be picked up as a part of regular garbage pickup by the Borough of Roselle Park:

        a.    Branches. Branches (two (2) inch diameter or less) must be cut into lengths of four (4) feet or less and tied in bundles not to exceed fifty (50) pounds.

        b.    Grass clippings and vegetation debris shall be placed in standard (thirty-two (32) gallon) garbage cans, or biodegradable bags. Overweight (more than fifty (50) pounds) or oversized larger than (thirty-two (32) gallon) drums will not be picked up.

        c.    Borough Contractor Pickup. The following items will be picked up by the Borough Contractor:

       1.      Grass Clippings (Only) May-October on all Borough Roads:  Picked up curbside according to the schedule. Place in open containers not to exceed thirty-two (32) gallons or biodegradable bags (no plastic).

        d.    Leaves/Grass. Picked up in November and December (no debris).  Leaves/grass are to be bagged, biodegradable bags only (no plastic) or placed into containers not to exceed thirty-two (32) gallons. Leaves and grass in bags or containers can be left at curbside.

        e.    Leaf Collection. Sweeping, raking, blowing or otherwise placing leaves only that is not containerized at the curb or along the street is expressly prohibited.  Placement of leaves at the curb or along the street at any time or in any other manner is a violation of this section. If such placement of leaves occurs, the party responsible for placement of the leaves must remove the leaves from the street or the party shall be deemed in violation of this section.

(1980 Code § 120A-1; Ord. No. 1479; New; Ord. No. 2323 § 1)

 

28-1.2         Construction Debris Generated by a Contractor.

       It is the responsibility of a contractor who is performing work on a residence to arrange for the removal of all construction debris, including, without limitation, roofing, siding, masonry, lumber, kitchen cabinets, carpets and the like. (1980 Code § 120A-2; Ord. No. 1479; Ord. No. 2323 § 1)

 

28-1.3         Appointment for Pickup of Certain Materials.

       The Borough will pick up and dispose of certain materials by appointment only. An appointment for the pickup shall be made prior to placing the debris at the curb.

        a.    Logs are not to exceed four (4) feet in length or fifty (50) pounds.

(1980 Code § 120A-3; Ord. No. 1479; New; Ord. No. 2323 § 1)

 

28-1.4         Reserved.

 

28-1.5         Placement at Curb; Suitable Containers.

        a.    With the exception of bulk waste (as defined in subsection 28-1.5d. below), no garbage or debris shall be placed at the curb for pickup prior to 7:00 p.m. on the evening preceding the scheduled pickup, except where the evening preceding the scheduled pickup falls on a Sunday, in which case the garbage or debris may be placed at the curb for pickup after 3:00 p.m.

        b.    All garbage and debris within the Central Business District shall be placed at the curb on a daily basis between the hours of 8:30 a.m. and 9:30 a.m. on the morning of the scheduled pickup.

        c.    Plastic bags of any type shall not be utilized as a suitable garbage container for purposes of this chapter.

        d.    Bulk waste shall not be placed at the curb prior to 12:00 noon on the day prior to the scheduled pickup for bulk waste.

       1.      The term "bulk waste," for the sake of this chapter, shall be defined as the "collection of the following materials limited to five hundred (500) pounds (one-quarter of a ton) per property, per pickup:

        (a)      Furniture, toys

        (b)      Mattresses (limit two (2) per address)

        (c)      Wood, replaced/repaired wood fencing sections, wood products limited as follows:

        (Wood is limited to two (2) thirty-two (32) gallon containers with pieces cut into three (3) foot pieces)

        (d)     Lawn furniture, wood doors, storm window, storm door, items generated by a homeowner in minor repairs not requiring a zoning or construction permit.

       2.      Expressly excluding the collection of the following materials not considered bulk waste:

        (a)      Rugs, carpeting, electronic waste, ashes, dirt, tree trunks, stumps, branches, brush, leaves, household garbage, no garbage bags, pool filters, railroad ties, rocks, stones, asphalt, concrete, closed-top drums, automobile parts, appliances (refrigerators, washers, dryers, any metal products etc.), paint, chemicals and materials resulting from the demolition, alterations, or repairs to buildings/homes or other structures generated by a contractor/homeowner requiring a zoning or construction permits.

        e.    Early Placement—Bulky Waste. Unless another penalty is expressly provided by statute, any person convicted of a violation of paragraph d. shall be liable to the penalty of one hundred fifty ($150.00) dollars or imprisoned for a term not to exceed fifteen (15) days.

(1980 Code § 120A-5; Ord. No. 1566; Ord. No. 1847; Ord. No. 2104; Ord. No. 2323; Ord. No. 2335; Ord. No. 2385)

 

28-1.6         Failure of Proper Placement.

       The placement of garbage or debris at the curb that does not meet the size limitations or time restraints listed above will subject the property owner to a summons. (1980 Code § 120A-6; Ord. No. 1566; Ord. No. 2323 § 1)

 

28-1.7         Garbage Cans on Streets.

       The leaving of garbage cans and ash cans or other garbage receptacles on the public streets for more than twelve (12) hours is hereby prohibited. (1980 Code § 136-4; Ord. No. 1566; Ord. No. 2323 § 1)

 

28-1.8         Violations and Penalties.

        a.    Any person, corporation, agent, servant or employee who shall violate the provisions of this section shall, upon conviction thereof, be punished by a fine of fifty ($50.00) dollars for the first offense and, thereafter, for each additional separate violation thereof, a fine of no less than one hundred fifty ($150.00) dollars nor more than five hundred ($500.00) dollars.

        b.    Any person, corporation, agent, servant or employee who shall violate subsection 28-1.5d. shall, upon conviction thereof be punished by a fine of fifty ($50.00) dollars for the first offense and shall not be required to appear in the Municipal Court, and thereafter for each subsequent conviction shall be punished by a fine of no less than one hundred fifty ($150.00) dollars nor more than five hundred ($500.00) dollars. Upon the plea of guilty to a first offense of subsection 28-1.5d., the defendant shall receive a notice indicating that a second and subsequent violation will require a court appearance and will be punished by a fine of no less than one hundred fifty ($150.00) dollars and no more than five hundred ($500.00) dollars.

(1980 Code § 120A-7; Ord. No. 1566; Ord. No. 2323 § 1)

 

28-1.9         Enforcement.

       The Police Department, Superintendent and Director of Public Works and the Anti-Litter Enforcement Officer of the Borough shall be responsible for the enforcement of this section. (1980 Code § 120A-8; Ord. No. 1566; Ord. No. 1780; Ord. No. 2323 § 1)

 

28-1.10       County Roads—Leaf Collection.

       Sweeping, raking, blowing or otherwise placing leaves only that is not containerized at the curb is expressly prohibited. All yard waste shall be placed in a trash can, not to exceed thirty-two (32) gallons, or biodegradable bag (plastic bags absolutely prohibited) such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.  Placement of such leaves at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of leaves occurs, the party responsible for placement of the leaves must remove the yard waste from the street or the party shall be deemed in violation of this section. (1980 Code § 120A-11; Ord. No. 2164; Ord. No. 2323 § 1)

 

 

28-2       VEGETATIVE WASTE COLLECTION PROGRAM.

 

28-2.1         Purpose.

       The purpose of this section is to establish a vegetative waste collection and disposal program in the Borough of Roselle Park to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. (1980 Code § 120A-9; Ord. No. 2164; Ord. No. 2323 § 1)

 

28-2.2         Definitions.

       As used in this section:

       Containerized shall mean the placement of yard waste in a trash can, not to exceed thirty-two (32) gallons or biodegradable bag (plastic bags absolutely prohibited), such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with storm water.

       Leaves shall mean leaves only.

       Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

       Street shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.

       Vegetative Waste shall mean all dead plant life, flowers, wood chips and shavings, fruits from trees, example – apples, pears, etc., small branches and twigs, grass cuttings, leaves or other vegetative plants or clippings; excluding large limbs and branches in excess of one (1) inch diameter, tree trunks, stumps, and roots.

       (1980 Code § 120A-10; Ord. No. 2164; Ord. No. 2323 § 2)

 

28-2.3         Reserved.

 

28-2.4         Enforcement.

       The provisions of this section shall be enforced by the Superintendent and Director of Public Works, Code Enforcement Officer, or his/her designee, or the Roselle Park Police Department. (1980 Code § 120A-12; Ord. No. 2164; Ord. No. 2323 § 1)

 

28-2.5         Violations and Penalties.

        a.    Any person(s) who is found to be in violation of the provisions of this section shall, for the first violation, be issued a written warning. The service of the warning shall be considered complete by posting at the property a notice of violation.

        b.    A second violation at the property, regardless of any changes in ownership, shall subject the property owner to a minimum mandatory fine of not less than two hundred ($200.00) dollars or not more than one thousand ($1,000.00) dollars.

        c.    A third or subsequent violation at the property, regardless of any change in ownership, shall subject the property owner to a minimum mandatory fine of not less than five hundred ($500.00) dollars, or not more than one thousand ($1,000.00) dollars and/or imprisonment for a term not to exceed ninety (90) days, at the discretion of the court.

        d.    It shall be no defense for the property owner that a landscape contractor or other persons working for the owner placed the leaves or vegetative matter in violation of this section.

        e.    Nothing set forth herein shall preclude the enforcement authority from issuing a summons to any landscaper or other person working for the property owner for violating the provisions of this section, except that a prior warning must have been served on the landscaper or persons doing the work. It shall be sufficient if the warning relates to a violation at any site within the Borough.

        f.     Nothing set forth herein shall preclude the court from convicting both a landscaper and a property owner, even if the property owner did not actively participate in the violation, so long as the property owner or tenant hired the landscape contractor or other persons for the purpose of clearing leaves.

        g.    If a property owner fails to abate a violation set forth in the written warning within forty-eight (48) hours of issuance of the warning, the failure shall constitute a separate violation, subjecting the property owner to the penalties for a second violation. Each day thereafter that the property owner fails to abate the condition shall constitute a separate offense.

(1980 Code § 120A-13; Ord. No. 2164; Ord. No. 2323 § 1)

 

 

28-3       DUMPSTERS; WHEN REQUIRED.

 

28-3.1         Dumpster Units Required for Certain Properties.

       Dumpsters shall be required for collection and removal of garbage for the following uses:

        a.    Multifamily dwellings with more than six (6) families, unless it can be shown that there is no location on the property to provide adequate storage for the dumpster or access to the dumpster.

        b.    Industrial uses, unless it can be shown that there is no location on the property to provide adequate storage for the dumpster or access to the dumpster.

        c.    Fast-food restaurants.

        d.    Restaurants with seating for more than fifteen (15) patrons, unless it can be shown that there is no location on the property to provide adequate storage for the dumpster or access to the dumpster.

        e.    Automobile dealers.

        f.     Supermarkets.

        g.    Office buildings over four thousand (4,000) square feet in land coverage.

        h.    Any property on which the Planning Board or Board of Adjustment required a dumpster as part of its approval.

(1980 Code § 120-1)

 

28-3.2         Restrictions Applicable to All Property.

       In no case shall construction debris generated by a contractor, scrap metal or metallic car parts or any recyclable items described in Section 28-4, Recycling, be permitted in the Borough's trash flow. Construction debris generated by work performed by the homeowner or a member of his family may be placed in the Borough's trash flow. (1980 Code § 120-2; Ord. No. 1801)

 

28-3.3         Violations and Penalties.

       Any person who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine of not to exceed five hundred ($500.00) dollars or by imprisonment for a term not to exceed ninety (90) days, or both. (1980 Code § 120-3)

 

 

28-4       RECYCLING.*

 

*Editor's Note: Prior ordinance history includes portions of 1980 Code §§ 1-10; 14-16 and Ordinance Nos. 1204 and 1715.

 

28-4.1         Definitions.

       Commercial and Institutional Establishments shall mean retail, wholesale, restaurants, taverns, schools, institutions including government, warehouses, construction sites, factories, offices, etc., but specifically excludes fairs, parks, concerts, and other outdoor events.

       Commingled shall mean a combining of nonputrescible source-separated recyclable materials for the purpose of recycling.

       Covered Electronic Device shall constitute a subset of electronic waste which shall include only the following: a computer central processing unit of a laptop computer or desktop computer, a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four (4) inches measured diagonally and that contains one (1) or more circuit boards, including a television, and cell phones.

       Designated Recyclable Materials shall mean those materials designated below that shall be source separated for the purpose of recycling.  These materials include:

a.    Designated Materials for Residential Waste Generators:

1.     Aluminum, tin, steel

2.     Corrugated cardboard

3.     Glass Containers

4.     Grass, Brush, Leaves

5.     Household Batteries

6.     Leaves

7.     Masonry (brick, block, concrete)

8.     Mixed Paper

9.     Motor Oil

10.   Motor Oil Filters

11.   Newspaper

12.   Office Paper

13.   Plastic Containers (Type 1, 2 & 3)

14.   Tires

15.   Vehicle Batteries

16.   White Goods (air conditioners, refrigerators)

17.   Wood

b.    Source Separation and Recycling Requirements for Commercial, Institutional and Industrial Waste Generators:

1.    Aluminum, tin, and steel

2.    Computers and Peripherals

3.    Corrugated Cardboard

4.    Fluorescent bulbs

5.    Glass Containers

6.    Grass, Brush, Leaves

7.    Household Batteries

8.    Leaves

9.    Mixed Paper

10.  Masonry (asphalt, brick, block, concrete)

11.  Motor Oil

12.  Motor Oil Filters

13.  Newspaper

14.  Office Paper

15.  Plastic Containers (Type 1, 2 & 3)

16.  Tires

17.  Vehicle Batteries

18.  White Goods (air conditioners, refrigerators)

19.  Wood

       Electronic Waste shall mean a computer central processing unit and associated hardware including keyboards, modems, printers scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four (4) inches measured diagonally and that contains one (1) or more circuit boards, including a television, and cell phones.

       Mixed Paper shall mean and include magazines, direct mails, glossy catalogs, coupon inserts, envelopes, color news inserts, sweepstake forms, phone books, (white paper only), undelivered postal mail, color notebook paper, school construction paper, real estate listings, color letterhead paper, color office paper, computer paper, photocopy and fax paper and mimeograph paper.

       Multifamily Dwelling shall mean any building or structure, or complex of buildings in which three (3) or more 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 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.).

       Municipal Recycling Coordinator shall mean the person or persons appointed by the Municipal Governing Body and who shall be authorized to, among other things, enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder.

       Municipal Solid Waste (MSW) Stream shall mean all solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Borough of Roselle Park.

       Recyclable Material shall mean those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.

       Source Separated Recyclable Materials shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.

       Source Separation 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.

       Universal Waste shall mean a specific hazardous waste stream that has been designated by EPA or those waste streams identified in the New Jersey Universal Waste Rule (N.J.A.C. 7:26A-7).  Only the following materials may be managed as universal waste:

1.    Rechargeable batteries and button cell batteries

2.    Mercury containing equipment, including thermometers and thermostats

3.    Pesticides

4.    Fluorescent lamps (light bulbs)

5.    Electronic waste

6.    Oil-based paints and finishes

       White Goods and Metal shall mean refrigerators, freezers, washers, stoves, dishwashers, dryers, air conditioners, hot water heaters and furnaces.    

       (Ord. No. 2287 § I)

 

28-4.2         Source Separation: Exemption from Source Separation Requirements.

        a.    Mandatory Source Separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the Borough of Roselle Park, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb or other location(s) in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Borough of Roselle Park.

        b.    Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this section, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.

(Ord. No. 2287 § II)

 

28-4.3         Municipal Collection of Recyclable Materials.

       The collection of recyclable material collected through the Municipal Collection Program shall be in the manner prescribed as follows:

        a.    All recyclables (newspapers, magazines, junk mail, corrugated cardboard, glass bottles, aluminum, bimetal, tin cans and plastic bottles) shall be placed curbside by the owner or tenant in standard suitable container or bundled.  Suitable container is defined to be metal, rubber or plastic receptacle without a cover.  Glass and plastic bottles may be co-mingled with metal cans.  Newspapers, magazines and cardboard must be bundled separately from each other.

       1.      Each receptacle for use shall have a capacity of not less than twenty (20) nor more than thirty (30) gallons and be equipped with a pull handle or handles.  The total weight of any container or bundle shall not exceed fifty (50) pounds.

       2.      No “Medical Waste” or trash shall be mixed with recyclables. 

        b.    The recyclables for a curbside pickup shall be placed at the curbline in front of the property for collection every other Tuesday.

        c.    The Borough will provide a pickup by schedule, with the following fees to be charged:

Each Item

Fee

Refrigerator

$20.00

Freezer

$20.00

Washer

$10.00

Stove

$10.00

Dishwasher

$10.00

Dryer

$10.00

Air Conditioner

$10.00

Hot Water Heater

$10.00

Furnace

$20.00

Fans

$10.00

Grills

$10.00

 

        d.    Concrete.  Concrete may not be placed in the garbage or at the curb without prior approval of the Borough.  The Borough will provide a pickup for concrete for the following charges:

Item

Fee

Slabs (4' x 4'4")

$12.00 each

Bulk

$60.00 per cubic yard

 

        e.    Collection hours shall be 6:00 a.m. to 4:00 p.m.

        f.     All receptacles or dumpsters shall be kept clean and in a safe manner.

(Ord. No. 2287 § III)

 

28-4.4         Residential Dwelling Compliance Requirements.

        a.    The owner of any residential property shall be responsible for compliance with this section. Citizens are responsible for source separating mandated items according to this municipal ordinance and delivering them to the municipal collection system (whether curbside collection, bulk center or drop-off center).  These items must be source separated; no mandated recyclables are permitted in the garbage put out for collection; no garbage is permitted in recyclables placed in the municipality’s collection system.

        b.    For multi-family units, the owner or manager is responsible for the following:

       1.      The property owner/management is responsible for ensuring that a recycling system is established and that it is operated in compliance with the requirements of this section. The property owner/management is responsible for setting up and maintaining the recycling system. The property owner/management is responsible for receiving and responding to warnings, notices of violation, and penalty assessments and for correcting violations. The property owner/management will be expected to correct violations promptly and to make necessary direct contacts with residents. 

       2.      Drop-off centers (bulk centers), if in use, must be established and maintained so that they are conveniently accessible to residents. Curbside collection may be made available in place of, or in conjunction with, these drop-off centers. The recycling system must provide for all designated recyclables in the residential waste stream.  The recycling system may utilize separate containers for each recyclable material or it may provide for two (2) or more materials to be placed in one (1) container provided the recycling hauler can take the materials commingled. Containers must be clearly marked and the area neatly maintained. Container capacity must be adequate to hold the amount of materials generated between pickups. It must be clear to an inspector that the system is being serviced.

       3.      The recycling area shall be conveniently located for the residential deposition of source-separated recyclable materials, preferably near but clearly separated from a refuse dumpster.

       4.      The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable.  Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry.

       5.      Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area.  Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

       6.      It must be clear that the system is being used properly by employees and tenants. There must not be garbage in the recycling containers or recyclables in the garbage containers. The property owner/management is responsible for resolving problems which may arise from the improper use of containers and for training employees and tenants to properly understand and use the recycling system.

       7.      Notification and collection rules shall be issued by the management to new tenants when they arrive and to all residents every three (3) months.  Copies of these notices, or other proof of distribution of the notices, must be sent to the Municipal Recycling Coordinator at the time of each mailing or distribution.

       8.      The property owner/management is responsible for arranging to have recyclables picked up and for resolving any problems with the transporter of recyclables.

       9.      The property owner/management must arrange to obtain documentation in order to report the tonnages of materials recycled at least once per year or else he/she must arrange to have the collector provide that documentation directly to the municipality. Arrangements with recycling companies or with haulers handling recyclables should include provisions for obtaining this information.  Documentation must be maintained by the management.  When the municipality provides recyclables collection service, reporting and proof are not needed.

       10.    Single/Dual Stream Recycling. Multi-family locations may opt to collect their recyclables in a single stream or dual stream (fiber, commingled) provided the Material Recovery Facility (MRF) that receives the material has certified that they have the ability to separate and maximize the capture rate of the designated recyclables.  The UCUA Division of Solid Waste Management will compile and maintain an updated list of those facilities.

(Ord. No. 2287 § IV)

 

28-4.5         Commercial and Institutional Establishment Compliance Requirements.

        a.    The owner/operator (or in case of construction, the contractor), is responsible for ensuring that a recycling system is established and that it is operated in compliance with the requirements of this municipal ordinance.  The owner/operator/contractor is responsible for setting up and maintaining the recycling system. The owner/operator/contractor is responsible for receiving and responding to warnings, notices of violation, and penalty assessments and for correcting violations promptly.

        b.    The recycling system must be established and maintained so that it is conveniently accessible to users. The recycling system must provide for all designated recyclables in the commercial/institutional waste stream. The recycling system may utilize separate containers for each recyclable material or it may provide for two (2) or more materials to be placed in one (1) container provided the recycling hauler can take the materials commingled. Containers must be clearly marked and the area neatly maintained. Container capacity must be adequate to hold the amount of materials generated between pickups.  It must be clear to the inspector that the system is being serviced.

        c.    The owner/operator/contractor must ensure that the system is being used properly by employees, customers or tenants. There must not be garbage in the recycling containers or recyclables in the garbage containers. The owner/operator/contractor is responsible for resolving problems which may arise from the improper use of containers and for instructing employees, tenants, and customers to understand and use the recycling system.

        d.    If patrons, customers or employees are involved in the waste disposal process (i.e. fast food stores or company cafeteria), the recycling system must allow for this and include notice to customers as to their responsibilities.

        e.    The owner/operator/contractor is responsible for arranging for recyclables to be removed from the premises and for assuring that they go into the recyclables market.  The owner/operator/contractor may make arrangements to deliver the recyclables to the municipal collection system (drop-off center or curbside collection) if permitted by the municipality.  Otherwise, the owner/operator/contractor is responsible for arranging to have recyclables picked up and for resolving any problems with the transporter of recyclables. 

        f.     The owner/operator/contractor must arrange to obtain documentation in order to report the tonnages of materials recycled at least once per year or else he/she must arrange to have the collector provide that documentation directly to the municipality.

        g.    Solid waste hauling companies, recyclables collection companies and demolition companies operating within the Borough and commercial recycling facilities, including metal and automobile scrap yards, located within the Borough shall submit documentation of recycling activity performed on behalf of residents, businesses, institutions and governments in the Borough of Roselle Park.

        h.    Single/Dual Stream Recycling. Commercial and institutional establishments may opt to collect their recyclables in a single stream or dual stream (fiber, commingled) provided the Material Recovery Facility (MRF) that receives the material has certified that they have the ability to separate out and maximize the capture rate of the mandated recyclables.  The UCUA Division of Solid Waste Management will compile and maintain an updated list of those facilities.

        i.     Recycling Containers. Commercial and institutional establishments that have outdoor garbage containers for their customers must also have outdoor recycling containers.  There must be sufficient recycling containers for any mandated recyclables in the commercial/institutional waste stream.

        j.     All schools must provide written notice at the beginning of each school year, to all students, teachers, and other staff on the recycling requirements.  The notice must contain a contact number to call if they observe any problems associated with recycling or if recycling is not properly occurring.

        k.    Single Stream Recycling of Mixed Classes of Construction Recyclables. Construction/demolition sites may opt to collect all recyclables in one (1) container provided there are no other materials (including garbage) in that container. To qualify for this provision, recyclables must go to a Transfer Station/MRF that is properly permitted by the New Jersey Department of Environmental Protection and has certified that they have the ability to separate out and maximize the capture rate of the mandated materials. The specific materials that may be commingled together will be determined by the provisions in the receiving Transfer Station/MRF’s permit.

        l.     All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any Code Enforcement Officer.

(Ord. No. 2287 § V)

 

28-4.6         Compliance Requirements for Fairs, Parks, Concerts, Streets, and other Outdoor Events.

        a.    The organizer/owner/contractor of the location must provide a recycling system that is operated in compliance with the requirements of this section.

        b.    The recycling system must provide for any mandated recyclables generated at the event.  It must be clear to an inspector that the system is being serviced: i.e., containers must be clearly marked and the area neatly maintained; there must not be garbage in the recyclables or recyclables in the garbage; container capacity must be adequate to hold materials between pickups.  There must be sufficient recycling containers for any mandated recyclables generated at the event.

        c.    The organizer/owner/contractor of the location is responsible for arranging for recyclables to be removed from the premises and for ensuring that they are taken to an approved recyclables market.  The owner/operator/contractor may make arrangements to deliver the recyclables to the municipal collection system (drop-off center or curbside collection) if permitted by the municipality.  Otherwise, the owner/operator/contractor is responsible for arranging to have recyclables collected and transported and for resolving any problems with the transporter of the recyclables.

        d.    The recycling system must be made accessible and available to all patrons, customers, and employees.  Notice/signs must be provided to ensure all are aware of their responsibilities.

        e.    The owner/operator/contractor of the location is responsible for obtaining pertinent documentation in order to report the tonnages of materials recycled at least once per year or else he/she must arrange to have the collector provide that documentation directly to the municipality.

        f.     Single/Dual Stream Recycling. The recycling system may utilize separate containers for each recyclable material or it may provide for two (1) or more materials to be placed in one (1) container. Establishments may opt to collect their recyclables in a single stream or dual stream (fiber, commingled) provided the MRF that receives the material has certified that they have the ability to separate out and maximize the capture rate of the mandated recyclables. 

(Ord. No. 2287 § VI)

 

28-4.7         New Developments of Multi-Family Residential Units or Commercial, Institutional, or Industrial Properties (Pursuant to N.J.S.A. 13:1E-99.13a and 99.16c.)

        a.    Any application to the Planning Board of the Borough of Roselle Park, for subdivision or site plan approval for the construction of twenty-five (25) or more units of multi-family residential housing, single-family developments of fifty (50) or more units, or any commercial, institutional, or industrial development proposal for the utilization of one thousand (1,000) square feet or more of land, must include a recycling plan compliant. This plan must contain, at a minimum, the following:

       1.      A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development and

       2.      Locations documented on the application’s site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.

        b.    Prior to the issuance of a certificate of occupancy by the Borough of Roselle Park, the owner of any new multi-family housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.

        c.    Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.

(Ord. No. 2287 § I)

 

28-4.8         Prohibition of the Collection of Solid Waste Mixed with Recyclable Materials.

        a.    It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.

        b.    It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this section and the local sanitary code.

        c.    Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.

(Ord. No. 2287 § I)

 

28-4.9         Enforcement.

       The Recycling Coordinator, the Superintendent of Public Works and/or his designee, the Code Enforcement Official, the Department of Health, the Police Department, the Property Maintenance Official, the Housing Officer, the Union County Office of Health Management and the Union County Utilities Authority are hereby individually and severally empowered to enforce the provisions of this section.  An inspection may consist of, but is not limited to, sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material. (Ord. No. 2287 § I; Ord. No. 2328 § 1)

 

28-4.10       Violations and Penalties.

        a.    Any person who provides solid waste collection services in the Borough of Roselle Park is prohibited from collecting solid waste containing recyclable materials as designated in this section.

        b.    Any person who violates or neglects to comply with any provisions of this section or regulation promulgated pursuant thereto shall, upon conviction, be liable for the penalty in Chapter I, Section 1-5 except that the fine for failure to comply with subsection 28-4.1 in the definition of Designated Recyclable Materials, paragraphs a. and b. shall be:

       1.     First Occurrence:

One hundred ($100.00) dollars

       2.     Second Occurrence:

Two hundred fifty ($250.00) dollars

       3.     Third Occurrence:

One thousand ($1,000.00) dollars and a period of community service not to exceed ninety (90) days.

        c.    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 Recycling Trust Fund shall be used for the expenses of the Municipal Recycling Program.

(Ord. No. 2287 § X; Ord. No. 2328 § 1)

 

 

28-5       RECYCLING IN MULTIFAMILY HOUSING DEVELOPMENTS.

 

28-5.1         Definitions.

       As used in this section:

       Multifamily Housing Development shall mean a building containing three (3) or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.

       Recycling Area shall mean space allocated for collection and storage of source-separated recyclable materials.

       (1980 Code § 167-19; Ord. No. 1753)

 

28-5.2         Recycling Area.

       There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the District Recycling Plan adopted pursuant to N.J.S.A. 13:1E-99.13, and any applicable requirements of the Municipal Master Plan, adopted pursuant to N.J.S.A. 40:55D-28. (1980 Code § 167-20; Ord. No. 1753)

 

28-5.3         Location.

       The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near but clearly separated from a refuse dumpster. (1980 Code § 167-21; Ord. No. 1753)

 

28-5.4         Safety and Accessibility.

       The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers. (1980 Code § 167-22; Ord. No. 1753)

 

28-5.5         Protection from the Environment.

       The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry. (1980 Code § 167-23; Ord. No. 1753)

 

28-5.6         Signs.

       Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein. (1980 Code § 167-24; Ord. No. 1753)

 

28-5.7         Landscaping or Fencing.

       Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner. (1980 Code § 167-25; Ord. No. 1753)

 

 

28-6       BULK (A LA CARTE) PICK-UP SERVICE.

a.                   Bulk items will be picked up by the Roselle Park Department of Public Works (DPW).  There will be no designated day of the week for the bulk a la carte pick-up service.  Bulk a la carte pick-up service will be provided on an on call basis (must be a Roselle Park resident), Monday through Friday according to the below fee schedule.

            The process for the bulk a la carte pick-ups are as follows:

1.                  Roselle Park Residents call the DPW (908-245-7676).

2.                  A Borough representative will schedule an appointment with the resident and provide the resident with a fee schedule.

3.                  A price for items listed for removal will be calculated and the resident will be required to pay the fee by cash or check and receive a receipt for same. Fee must be paid prior to items being scheduled for removal.

4.                  The items will then be scheduled for removal from the property.

5.                  All bulk items MUST be placed at the curb for pick-up by the resident.

A La Carte Bulk Item Fee Schedule

Furniture

Small Dresser $ 15 per item

 

Doors

$10 per item

Large Dresser $30 per item

Wood Fence

$10 per 8 foot section

Couch $30 per item

Plastic Fence

$10 per 8 foot section

Sleeper Couch $40 per item

Windows

Single $10 per item

Love Seat/Recliners $15 per item

Double $20 per item

Large Tables and Desks $20 per item

Triple $30 per item

Small Tables and Desks $10 per item

Exercise Equipment

Treadmills $20 per item

Kitchen/Dining Chairs $5 per item

Exercise Bikes

$10 per item

Bed Frames and Boards $10 per item

Weight Benches

$10 per item

Break Fronts

$40 per item

 

Wood Products – cut into three (3) foot pieces and placed into a 32 gallon container

$10 per 32 gallon container

TV Stands

$10 per item

 

Fixtures

Sinks $10 per item

 

Vanities $10 per item

 

Toilets $10 per item

 

Bath Tubs $40 per item

 

Ceiling Fans $5 per item

 

 

Vacuums

$5 per item

 

Toys

$10 per item

 

Mattresses

$20 per item

 

Box Spring

$20 per item

 

Storm Windows

$10 per item

 

Storm Doors

$10 per item

 

Lawn Furniture

$10 per item

 

b.                  Not Considered Bulk Waste. Rugs, carpeting, electronic waste, ashes, dirt, tree trunks, stumps, branches, brush, leaves, household garbage, no garbage bags, pool filters, railroad ties, rocks, stones, asphalt, concrete, closed-top drums, automobile parts, appliances, (refrigerators, washers, dryers, and any metal products), paint, chemicals and materials resulting from demolition, alterations, or repairs to buildings or other structures not generated by the home owner (e.g., materials generated by a contractor) and not generated from pick-up sites requiring permits.

(Ord. No. 2414; Ord. No 2554-2018)

 

 

 

CHAPTER XXVIII SOLID WASTE MANAGEMENT
Published by ClerkBase
©2020 by Clerkbase. No Claim to Original Government Works.