Township of East Amwell, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of East Amwell as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission recommendations concerning solid waste — See Ch. 14, § 14-8.
Junkyards — See Ch. 89.
Littering — See Ch. 97.
Nuisances — See Ch. 163.
[Adopted 1-28-1988 by Ord. No. 88-02]

§ 120-1 Permit required.

A permit shall be required to participate in any Clean-Up Day.

§ 120-2 Fee.

[Amended 3-14-2002 by Ord. No. 02-06; 3-10-2011 by Ord. No. 11-05]
The fee for the permit shall be $15 for a car, $25 for an SUV or other large-capacity passenger vehicle, such as a minivan, and $35 for a pickup truck or a car with a utility trailer.

§ 120-3 Exclusions.

Horse trailers and trucks over one ton shall be excluded.

§ 120-4 Violations and penalties.

A person convicted of violating any provision of this article shall be subject to one or more of the following: a fine not to exceed $1,000, a term of imprisonment of not to exceed 90 days, or a period of community service not to exceed 90 days
[Adopted 12-28-1992 by Ord. No. 92-14; amended in its entirety 6-10-2010 by Ord. No. 10-09[1]]
[1]
Editor's Note: This ordinance provided that the purpose of enactment was to make Art. II of Ch. 120 of the Code of the Township of East Amwell consistent with the Hunterdon County Solid Waste Management Plan Amendment.

§ 120-5 Definitions and word usage.

A. 
As used in this article, the following terms shall have the meanings indicated:
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Hunterdon County District Solid Waste Management Plan to be source-separated for the purpose of recycling. These materials include:
(1) 
Designated recyclable materials for the generators of residential, commercial, industrial and institutional waste:
(a) 
Containers and similar paper items usually used to transport supplies, equipment parts or other merchandise.
(b) 
Any and all types of office-type paper including, but not limited to, computer paper, high-grade white paper, typing paper, copier paper, onionskin, tissue paper, notepad, envelopes, manila folders and colored paper, or any mix thereof.
(c) 
All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forest and Paper Association Grades Nos. 6, 7 and 8 news).
(d) 
All paper which is not defined as corrugated, mixed office paper, computer paper or newspaper.
(e) 
All glass containers used for packaging food or beverages.
(f) 
Food and beverage containers made entirely of aluminum.
(g) 
Rigid containers made exclusively or primarily of steel or tin-plated steel and steel and aluminum cans used to store food, beverages, and a variety of other household and consumer products.
(h) 
Containers including polyethylene terephthalate (PETE - No. 1) soda bottles, high-density polyethylene and (HDPE - No. 2) milk, water or detergent and others designated by current Township and County recycling policy.
(2) 
Additional designated recyclable materials for the generators of commercial, industrial and institutional waste:
(a) 
All appliances such as washers, dryers, refrigerators, etc., as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums and other nonstructural ferrous scrap.
(b) 
All automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
(c) 
Batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
(d) 
Petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
(e) 
Rubber-based scrap automotive, truck or specialty (e.g., forklift) tires. The tires must be recycled at a facility approved by the New Jersey Department of Environmental Protection.
(3) 
Designated recyclable materials from generators of residential waste that are collected by Hunterdon County and other licensed municipal solid waste collectors:
(a) 
All automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
(b) 
Batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
(c) 
petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
(d) 
Any type of button, coin, cylindrical, rectangular or other shaped enclosed device or sealed container which was utilized as an energy source for commercial, industrial, medical, institutional or household use. This does not include lead-acid batteries from vehicles.
(e) 
Fluorescent and compact fluorescent tubes (CFTs), high-intensity discharge (HID) and neon lamps, electrical switches, thermostats and any batteries containing mercury.
(f) 
Nonhazardous soils containing petroleum hydrocarbons resulting from spills, leaks or leaking underground storage tanks used for gasoline or any other commercial fuel and which are recycled in accordance with the requirements of N.J.A.C. 7:26A-1.1 et seq. Note: This material can be recycled at "Class B" facilities (for example, authorized asphalt manufacturers).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this chapter, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of East Amwell Township.
RECYCLABLE MATERIAL
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.
RESIDENTIAL PROPERTY
Any building or structure or complex of buildings in which less than three 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).
RESIDENTIAL COMPLEX
Any building or structure or complex of buildings in which three 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 (N.J.S.A. 55: 13A-1 et seq.).
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE-SEPARATION
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.
B. 
Unless otherwise defined herein, certain words or terms used in this article shall have the same meaning as such words or terms have in the New Jersey Statewide Mandatory Source-separation and Recycling Act, as amended (N.J.S.A. 13:1E-9.11 et seq.).

§ 120-6 Municipal Recycling Coordinator.

A. 
In order to carry out the requirements of the New Jersey Mandatory Source-separation and Recycling Act ("Act") and the Hunterdon County Recycling Plan ("Plan"), the position of Municipal Recycling Coordinator is hereby established, to be responsible for compliance with said act, plan and applicable Township regulations.
B. 
The responsibilities of the coordinator, in cooperation with the Recycling Committee, shall include, but not be limited to, developing and implementing regulations hereunder.
C. 
The Recycling Coordinator shall be appointed by the Township Committee and shall serve for a one-year term, effective January 1 of the year of appointment, at a salary to be determined by ordinance of the Township.[1]
[1]
Editor's Note: See Ch. 35, Salaries and compensation.
D. 
The Recycling Coordinator will report to the Township Committee and/or the Township Administrator at least once annually on the status of the municipal recycling program, and shall from time to time advise and make recommendations as to how the requirements set forth in this chapter may be effectuated.
E. 
The Municipal Recycling Coordinator, in cooperation with the Recycling Committee, shall promote the municipal recycling program by educating citizens, businesses, institutions, and organizations of the need to participate in the municipal recycling program and shall explain to citizens, businesses, institutions and organizations the provisions of the mandatory recycling ordinance and assist in the enforcement thereof.

§ 120-7 Recycling Committee.

A. 
Membership.
(1) 
There is hereby established a Recycling Committee in the Township of East Amwell. Membership on this Committee shall consist of the following:
(a) 
The Recycling Coordinator.
(b) 
The Township appointee to the County Solid Waste Advisory Council (SWAC) with voting privileges.
(c) 
A member of the Township Committee.
(d) 
A member or the Secretary of the Township Environmental Commission.
(e) 
Seven members-at-large.
(f) 
One or more youth members, nonvoting.
(2) 
All members shall be appointed by the Township Committee. The Recycling Coordinator will serve as established in § 120-6; the SWAC member will be ex officio, and the members of the Township Committee and Environmental Commission shall serve for one-year terms. Four at-large members shall be appointed to two-year terms, and three at-large members shall be appointed for two-year terms. Thereafter, the terms of all at-large members shall be for two years. Youth members shall serve one-year terms. A quorum shall be composed of the majority of the voting members.
B. 
The Recycling Committee is hereby authorized and directed to establish and promulgate, subject to approval by the Township Committee, reasonable regulations as to the selection and designation of recyclable materials to be source-separated in accordance with the article, state law and any applicable district recycling plan and to establish the manner, methods and programs for the collection and disposition of designated recyclable materials in accordance with the provisions thereof. Such regulations as may be promulgated under this article may be changed, modified, amended or repealed by the Recycling Committee, subject to the approval of the Township Committee.
(1) 
The Recycling Committee shall make reasonable efforts to publicize its regulations and to keep the public informed about all possibilities to participate in the recycling effort.
C. 
The Recycling Committee, through the Municipal Recycling Coordinator, shall report annually to the Township Committee on the status of the recycling program, provide a summary of the recycling activity of the past year, and project the recycling operations planned for the coming year. This will include an annual report to be delivered to the Township Committee.

§ 120-8 Recycling procedures and source-separation.

A. 
Mandatory source-separation; preparation of designated recyclables. From and after the date fixed by regulations promulgated by the Recycling Committee, and approved by the Township Committee, in accordance with the provisions hereof, it shall be mandatory for all persons who are owners, tenants or occupants of residential or nonresidential premises located within the Township of East Amwell to separate designated recyclable material from all other solid waste produced by the residential or nonresidential premises occupied by such persons and to prepare such designated recyclable materials for curbside collection or drop off at a recycling center to be designated by the Township, or for separate disposition as provided under § 120-11 and § 120-18 of this article.
B. 
Curbside collection. Each type of designated recyclable material shall be kept separate and apart from any other type of recyclable material (unless otherwise designated by the Recycling Committee with input from the curbside collection service) and from other solid waste generated by the premises, and shall be placed at the curb by the residential premises in a manner and on such days and at such times as may be hereinafter established by regulations promulgated by the Recycling Committee with input from the curbside recycling service. The occupier of the premises is responsible to make sure containers are accessible for collection purposes. Every owner and/or occupant of residential or nonresidential premises must contract with a private contractor for the removal and disposition of designated recyclable materials as set forth in this chapter. Residential recycling contracts must comply with the provisions of this section and must further provide for not less than monthly pick-up.
C. 
Drop-off at designated Township recycling area or county or state facility. Each type of designated recyclable material to be dropped off at a recycling area pursuant to regulations adopted under this article should be kept separate and apart from any other type of recyclable material (unless otherwise designated by the Recycling Committee) and from other solid waste generated by the premises, and should be dropped off by the owner or occupier of the premises at the recycling area designated by the Township in a manner and on such days and at such times as may be hereinafter established by regulations adopted under this article.

§ 120-9 Residential dwelling compliance requirements.

A. 
The occupant(s) and owner(s) of any residential property shall be responsible for compliance with this chapter. For multifamily units, the management or owner is responsible for setting up and maintaining a recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the occupant. In instances where the violator is not easily identifiable, violations and penalty notices will be directed to the owner/ management. The owner/management shall issue notification and collection rules to occupants when they arrive and at least twice annually during their occupancy.
B. 
Any occupant(s) and/or owner(s) of any residential property failing to abide by the rules and regulations of this section may be fined not less than $50 nor more than $250 for each month of noncompliance. Prior to taking enforcement action pursuant to this section, the Recycling Coordinator or other enforcement officer shall issue one warning to any occupant who is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.

§ 120-10 Residential dwelling complexes compliance requirements.

A. 
The occupant(s) and owner(s) of any residential property shall be responsible for compliance with this chapter. The owner of each residential complex is responsible for providing a recycling depot for the entire complex. The depot shall be equipped with owner- or contractor-supplied receptacles for each category of designated recyclable material.
B. 
Any occupant within a residential complex failing to comply with the requirements of this chapter may be fined not less than $50 nor more than $250 for each month of noncompliance.
C. 
The owner/management shall issue notification and collection rules to new tenants when they arrive and at least twice annually during their occupancy.
D. 
The owner of each residential complex shall report to the Municipal Recycling Coordinator by February 15th of each year on the recycling activity of the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The County must also be copied on this information.
E. 
Any owner (or his/her agent) failing to abide by the rules and regulations of this section may be fined up to $250 for each month of noncompliance. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to the owner who is in violation of this section. The warning shall include educational information regarding proper procedures for recycling including instruction as to how the owner can reasonably provide adequate recycling facilities to ensure compliance with this chapter.

§ 120-11 Nonresidential establishment compliance requirements.

A. 
Commercial, industrial and institutional establishments are defined as all entities which operate or conduct any business whatsoever which cannot be included within the definitions of a residential dwelling or complex.
B. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this chapter.
C. 
Arrangement for collection of designated recyclables shall be the responsibility of the commercial, institutional or industrial occupant. All commercial, institutional or industrial property owners which provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
D. 
Every occupant of a commercial, industrial or institutional facility or his or her designee (including solid waste and recycling transporters) shall cooperate in communicating recycling activity. Such communication shall include reporting to the Municipal Recycling Coordinator by February 15th of each year on the occupants recycling activity of the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The County must also be copied on this information.
E. 
If the property owner provides recycling collection services for the occupants of the property, the owner or his designee (including solid waste and recycling transporters) shall cooperate in communicating recycling activity. Such communication shall include reporting to the Municipal Recycling Coordinator by February 15th of each year on the recycling activity on the property in the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The County must also be copied on this information.
F. 
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.
G. 
Any commercial, industrial or institutional occupant or owner failing to abide by the rules and regulations of this section may be fined not less than $50 nor more than $1,000 for each month of noncompliance. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to any commercial, industrial or institutional establishment which is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.

§ 120-12 New developments of multifamily residential units and commercial, institutional, or industrial properties.

A. 
Any application to the Planning Board of the Township of East Amwell for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land must include a recycling plan. 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 Township of East Amwell, the owner of any new multifamily 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.

§ 120-13 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 article and the local sanitary code.
C. 
Once placed in the location for collection, no person, other than those authorized by the Township, shall tamper with, collect, remove, or otherwise handle solid waste or designated recyclable materials.
D. 
Any solid waste collector failing to abide by the rules and regulations of this section may be fined not less than $50 nor more than $1,000. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to any commercial, industrial or institutional establishment which is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.

§ 120-14 Solid waste transporter requirements.

A. 
A minimum of once a year or when necessary to reflect program or regulatory modifications, all solid waste transporters will notify all customers:
(1) 
What materials are designated to be source-separated from solid waste and must be recycled in Hunterdon County and that these items are prohibited in solid waste.
(2) 
That the discovery of designated recyclable items in solid waste may result in the waste not being collected and that the generator is subject to a monetary fine.
(3) 
That solid waste transporters are prohibited by law to collect solid waste containing mandated recyclable materials.
(4) 
That documentation of proof of solid waste and recycling collection service must be maintained and that this documentation must be made available to the property owner, municipality or County upon request.
B. 
No later than February 15 of each year, all solid waste transporters operating in the Township will provide a detailed report of all recycling activities to all commercial and institutional solid waste customers. The report will include a breakdown of the materials collected for recycling, the total weight of each material collected for recycling and the recycling market for each of the materials collected. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The County must also be copied on this information.
C. 
No later than February 15 of each year, all solid waste transporters operating in the Township will provide the Township and the County with a summary of recycling activity in that municipality, including totals of all residential, commercial and institutional recycling. The report will include a breakdown of the materials collected for recycling, the total weight of each material collected for recycling and the recycling market for each of the materials collected. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The County must also be copied on this information.
D. 
Failure of the solid waste transporter to comply with the provisions of this article of the Solid Waste Management Plan and pertinent municipal recycling ordinance shall constitute a violation and subject the solid waste transporters to those penalties as prescribed in this article and state recycling regulations.

§ 120-15 Proof of provision of solid waste and recycling collection services.

Pursuant to N.J.S.A. 40:66-5.1 all residential, commercial, industrial and institutional generators of solid waste must, upon request by the municipality supply proof that solid waste and recycling collection services have been contracted for by the generator. The information requested for proof of service may include provision of weight receipts or billing statements. The procedure for requesting receipts or other documentation will be as set forth in the regulations promulgated by the Recycling Committee and subject to the approval of the Township Committee.

§ 120-16 Enforcement.

The Municipal Recycling Coordinator or other person(s) so designated by the governing body are hereby individually and severally empowered to enforce the provisions of this chapter. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material. Each day for which a violation of this chapter occurs shall be considered a separate offence.

§ 120-17 Severability.

In the event that it is determined, by a Court of competent jurisdiction, that any provision or section of this chapter is unconstitutional, all other sections and provisions shall remain in effect. This chapter shall take effect immediately, unless otherwise provided by Resolution of the governing body.

§ 120-18 Ownership of recyclables.

Recyclable materials presented for collection by the Township of East Amwell, in accordance with the provisions hereof, shall be and become the property of the Township of East Amwell or its authorized agent. It shall be a violation of this article for any person to collect or pick up or cause to be collected or picked up any such designated presented recyclable materials, except as may be authorized by the Recycling Committee. Each such collection in violation of this article, from one or more residential or nonresidential premises, shall constitute a separate and distinct violation of this article. Nothing herein shall be construed to prohibit an owner, tenant or occupant of any residential or nonresidential premises from donating or selling recyclables to any person or entity, whether operating for profit or not-for-profit.

§ 120-19 When effective.

Unless otherwise stated in the regulations when adopted, such regulations as shall be established and promulgated by the Recycling Committee, and changes, modifications, amendments, and repeals thereof, shall become effective 15 days after review and approval by the Township Committee.

§ 120-20 Franchises or licenses to collect recyclables.

The Township Committee may, in accordance with the procedures set forth in the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., enter into agreements to grant a franchise or license to qualified persons, partnerships or corporations to authorize them to collect recyclables at curbside or at the recycling area. The Township Committee may, in its discretion, use Township personnel to collect designated recyclable materials at curbside or at the recycling area and sell same pursuant to the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).

§ 120-21 Leaves.

Residents are encouraged to allow leaves to degrade naturally on the property on which they are generated. Under the provisions of the Mandatory Source-separation and Recycling Act (N.J.S.A. 13:1E-99.21), leaves are not permitted to be disposed of as waste.

§ 120-22 Violations and penalties.

Any person, corporation, or entity who violates or neglects to comply with any provision of this article or any regulation promulgated and adopted hereunder, shall, upon conviction thereof, be punishable by one or more of the following: a fine not to exceed $1,000, a term of imprisonment of not to exceed 90 days, or a period of community service not to exceed 90 days, except that violation of § 120-9, § 120-10, § 120-11 and § 120-13 shall be punishable as provided therein.