Passaic County, New Jersey
Model Mandatory Source Separation/Recycling Ordinance

This model was developed to aid local officials comply with the 1987 New Jersey Statewide Mandatory Source Separation and Recycling Act.

AN ORDINANCE ESTABLISHING A SOURCE SEPARATION AND RECYCLING POLICY FOR -------------- (MUNICIPALITY'S NAME) FOR GLASS, ALUMINUM BEVERAGE CANS, NEWSPAPER, YARD WASTE, CORRUGATED CARDBOARD AND OFFICE PAPER.

Whereas, the NJ Statewide Mandatory Source Separation and Recycling Act establishes a goal of 25% reduction through source separation and recycling by residential, commercial and institutional establishments in all NJ municipalities; and

Whereas, the Passaic County District Recycling Plan designates glass, aluminum beverage cans, newspaper, yard waste, corrugated cardboard and office paper to be source separated for recycling in various sectors of the community; and

Whereas municipalities are responsible for outlining and implementing procedures for collection, documentation and enforcement; and

Whereas, recycling will reduce the expense of disposal, conserve valuable resources and produce some revenues

BE IT ORDAINED BY THE __________ (MUNICIPALITY), IN THE COUNTY OF PASSAIC, NEW JERSEY, AS FOLLOWS:

Section 1 - Definitions

Designated Materials - Those recyclable materials listed in the Passaic County District Recycling Plan which are mandated to be source separated for recycling. Namely, glass (bottles and jars), aluminum beverage cans, newspaper and yard waste - residentially; glass, aluminum cans, corrugated cardboard and office paper for commercial and institutional establishments. Herein will also include any additional materials stipulated by the municipality for recycling such as tin cans plastic, oil, tires, bulk metals, etc.

Resident -Herein means, any person who owns, leases and/or occupies dwellings within the municipality, including those in multi-family dwellings and/or single family developments.

Commercial - Herein means, any non-residential building or establishment, including, but not limited to, those used for retail, wholesale, dining, offices, professional services, shipping and receiving areas and cafeterias.

Institution - Herein means, an established organization or foundation dedicated to public service or culture including, but not limited to, religious, educational, health care, and governmental establishments.

Office Paper - Herein means, high grade papers generally used in offices that are of high quality and do not have a glossy finish including, but not limited to, computer, letterhead, ledger and photocopy paper.

Corrugated Cardboard - Herein, the term used to identify a type of paper in which a portion has been made to have a wavy surface (alternating ridge and grooves) and is placed between two flat surfaces for the sake of strength and which is commonly used to form cartons.

Glass - Herein shall mean, bottles and jars made of silica, soda ash and limestone, being transparent or translucent and breakable. Specifically excluded are plastics, or any other glass products such a window glass and ceramics.

Aluminum Cans - Herein shall mean, cans made entirely of aluminum which were used to hold beverages. Specifically excluded are cans of other types of materials and other aluminum products such as foil, pie pans and aluminum siding.

Newspaper - Herein shall mean, newsprint-grade paper which is printed and distributed daily or weekly that contains news. The recycling of such material excludes soiled paper.

Yard Waste - The term as used herein shall be deemed to include fallen leaves and brush (chippable, up to 3" in diameter).

Recycling - Means any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

Restaurant and Tavern - Herein means, any non-residential building or establishment, including, but not limited to, those used for providing food related and dining services.

Solid Waste - Refers to all garbage and rubbish normally placed at the curb for collection by the town on a regular schedule.

Source Separation - Herein means, recyclable materials which are kept separate and apart from residential, commercial and institutional solid waste by the generator for the purposes of collection, disposition and recycling.

[ADD DESCRIPTIONS OF ANY OTHER MATERIALS TO BE MANDATED AS WELL AS ANY SPECIAL TERMS REFERRED TO IN THE BODY OF THE ORDINANCE.]

Section 2 -Obligations

On and after the date of final approval of this ordinance, it shall be mandatory for all residential, institutional and commercial inhabitants of ____ ______ (Municipality name) to source separate designated materials from all other solid waste for recycling. This shall be done in the manner described in Section 3.

Section 3 - Program Responsibilities and Descriptions

[SEE ATTACHED SAMPLE-SECTION 3]

1) State how and when designated materials for residents shall be placed at the curb for pick-up or state the hours and location of recycling depot.

2) State responsibilities of residential developments in the community; for example, will they have to establish their own programs, or will the municipality's program service them?

State how, where and when yard waste materials are to be deposited or collected.

3) State how institutional establishments are to source separate and recycle designated materials.

4) State how commercial establishments are to source separate and recycle designated materials.

5) State how, where and when leaf materials are to be deposited or collected.

6) State that the municipality will notify all sectors at least every six months of the provisions of the provisions of the recycling ordinance and the various responsibilities of each sector for recycling. This may include, but not be limited to, direct mail notifications, posted notices in public places, and/or newspaper advertising.

Section 4 - Documentation

All commercial, institutional, multi- or single-family developments which are not serviced by municipal recycling collection systems must submit recycling documentation on a quarterly basis to the municipal recycling coordinator. Due dates for report periods:

The municipal recycling coordinator will compile all recycling documentation and report to the county recycling coordinator on a quarterly basis by the 15th of the months stated above under due dates.

Those not complying will be subject to enforcement penalties defined in Section 9.

Section 5 - Anti-scavenger clause

Recyclable materials placed at the curb or recycling depot are the property of the _________ (Borough, Town, Township) or its authorized agent. It is a violation of this ordinance for any person unauthorized by the ______ __(Borough, Town, Township) to collect or pick up or cause to be collected or picked up any such recyclables. Any and each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided in Section 9.

Section 6 - Sale and Donation of Material

Any person who is an owner, lessee or occupant may donate or sell recyclable materials to any person, partnership or corporation (whether operating for profit or not for profit), as long as the recycling individual or company submits documentation to the municipal recycling coordinator as described in Section 4.

Section 7 - Authorized Enforcement Agent

The municipal _______________________ (Police Department, Health Officer, Superintendent of the Public Works or Sanitation Department, Recycling Coordinator, Administrator, etc.) is/are hereby authorized and directed to enforce all provisions of this ordinance.

[ADD SPECIFIC JOB DUTIES AS APPROPRIATE]

Section 8 - Unlawful Acts

A. It shall be unlawful to combine designated, unsoiled recyclables with other solid waste. Failure to source separate designated materials for recycling is a violation of this ordinance.

B. It shall be unlawful for solid waste collectors to collect solid waste that 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/recyclables which visibly display a warning notice, sticker or some other device indicating that the load of solid waste contains designated recyclable materials and therefor should not be removed for disposal.

C. 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 such unseparated refuse to accumulate will be considered a violation of this ordinance and the local sanitary code.

D. It shall be unlawful for the generator not serviced by the municipality for collection of recyclables to fail to accurately record and report recyclables that have been collected, stored, sold or otherwise disposed of.

Section 9 - Penalties

Any person, firm or corporation who violates or neglects to comply with Sections 2, 3, 4, 5, 6 or 8 of this ordinance, or any regulations promulgated pursuant thereto, shall upon conviction thereof, be punishable by a fine not to exceed one thousand ($1,000.00) dollars; except that maximum fine for failure to comply with Sections 2, 3 & 4 shall not exceed twenty-five ($25.00) dollars for an initial violation. Enforcement shall commence upon the effective date of this ordinance.

Each and every day that said violation continues shall be considered a separate offense.

Section 10 - Enforcement

The enforcement agent or their designated agent shall be responsible for the inspection of solid waste and/or recyclables in all sectors in order to determine any non-compliance with this ordinance. These inspections will be made on a random basis, at a frequency of at least once per month per collection route.

[DETAIL ADDITIONAL INSPECTION PROCEDURES AS APPROPRIATE]

Section 11 - Exemptions

The governing body may exempt persons occupying commercial and institutional premises located within (Name of municipality) from the source separation requirements of this ordinance if those persons have otherwise provided for the recycling of the designated recyclable materials from solid waste generated at those premises. To be eligible for an exemption, a commercial or institutional solid waste generator must provide appropriate written documentation to the Municipal Recycling Coordinator of the tonnage recycled.

Section 12 - All ordinances of ____________(Name of municipality) which are inconsistent with the provision of this ordinance are hereby repealed to the extent of such inconsistency.

Section 13 - If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of the ordinance.

Section 14 - This ordinance shall take effect immediately upon final passage, approval and publication as required by law.

SAMPLE - SECTION 3

A. Residents of single-family units shall separate newspaper, glass, aluminum cans and yard waste (hereinafter collectively termed recyclables) from all other solid waste and shall segregate such recyclables for _________ _ (Municipality) curbside recycling program or recycling depot. Recyclables should be placed at the curb on any Wednesday before 8 am for collection or should be deposited at the recycling center located at 345 Main Street between the hours of 8am and 3pm Monday - Saturday. Material shall be prepared in the following manner:

1. Newspaper - Cross-tied into bundles no larger than 12 inches high.

2. Glass - Rinse and remove caps. Color separate into green, brown and white and place into a permanent homeowner-supplied container no larger than 30 gallons in size.

3. Aluminum Cans - Rinse, crush and place into a permanent homeowner-supplied container no larger than 30 gallons in size.

4. Yard waste

Leaves - Rake to the curb between September 1 and December 31 for collection by the Department of Public Works.

Brush - Branches smaller than 3 inches in diameter shall be cut into 3 foot lengths and bundled. Place at curb for first garbage collection day of the week.

All of the aforementioned provisions may from time to time be modified by the Municipal Recycling Coordinator to the extent that procedures are developed for residents to have their recyclables recycled.

B. Residential Developments (Multi- and single-family) - Shall be responsible for establishing recycling programs for the collection of designated recyclable materials. These materials are to be stored for collection by the municipality, a private recycling vendor or deposited at the municipal recycling depot.

C. Institutions - Shall source separate corrugated cardboard, office paper, glass and aluminum cans for recycling. Designated materials may be deposited at the recycling center on Wednesday 1-4pm if prepared according to the above specifications. Designated materials may also be placed at the curb for municipal collection each Wednesday if glass and aluminum cans meet above specifications and corrugated is flattened and tied into 3x3 foot bundles and office paper placed in a permanent container no larger than 30 gallons in size. Otherwise, the institution shall be responsible for establishing recycling programs for the collection, transportation and marketing of designated recyclable materials. Documentation of tonnage of material recycled is to be submitted in accordance with Section 4.

D. Commercial establishments shall source separate corrugated cardboard, office paper, glass and aluminum cans for recycling. Designated materials may be deposited at the recycling center on Wednesdays 1-4pm if prepared according to the above specifications. Designated materials may also be placed at the curb for municipal collection each Wednesday if glass and aluminum cans meet above specifications and corrugated is flattened and tied into 3x3 foot bundles and office paper placed in a permanent container no larger than 30 gallons in size. Otherwise, each establishment shall be responsible for establishing recycling programs for the collection, transportation and marketing of designated recyclable materials. Documentation of tonnage of material recycled is to be submitted in accordance with Section 4.

PLEASE KEEP IN MIND THAT THIS SAMPLE SECTION IS MERELY AN EXAMPLE OF HOW YOUR RECYCLING PROGRAM CAN BE ESTABLISHED.

Prepared By:
B. Ellie Arnould
Solid Waste Programs Coordinator
County of Passaic, New Jersey
1989

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