[Adopted 5-4-2009 by Ord. No. 2009-6[1]]
[1]
Editor's Note: This local law also repealed former Art. III, Recycling, adopted 8-29-1988 by Ord. No. 88-7.
The following terms, whenever used or referred to in this article, shall have the following respective meanings for the purposes hereof, unless a different meaning clearly appears from the context:
ALUMINUM CANS
Includes all aluminum containers used for the packaging of food or drink for human consumption.
COMMERCIAL USE
An activity involving the sale of goods or services carried out for profit.
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
CONTAINER GLASS
Includes all products made from silica or sand, soda ash and limestone; which said product shall be transparent or translucent and being used for packaging or bottling of food or drink for human consumption, being bottles and jars; excluding, however, blue or flat glass, commonly known as "window glass," "leaded glass," "cookware," "dishware" or "mirror glass."
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Warren County District Solid Waste Management Plan to be source-separated for the purpose of recycling:
Aluminum cans
Antifreeze
Asphalt and concrete pavement
Carpet
Computer paper
Computers
Corrugated cardboard
Fluorescent tubes
Glass bottles and jars
High-grade white office paper
Household batteries
Laser and inkjet cartridges
Latex paint *
Lead-acid batteries
Leaves and yard waste (brush, tree parts)
Magazines and mixed paper
Newsprint
Nontreated wood
Oil filters
Plastic containers (Types 1 and 2)
Propane tanks
Scrap metals (including junkyard autos)
Source-separated metal
Steel and tin cans
Stumps
Textiles/Clothing
Tires
Used motor oil
White goods
Note:
*The County designates latex paint, but only if the PCFA restarts its collection of the material.
ELECTRONIC WASTE
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 inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones.
HOTEL
Any building, including but not limited to any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains 120 or more units of dwelling space or has sleeping facilities for 25 or more persons and is kept, used, maintained, advertised as, or held out to be, a place where sleeping or dwelling accommodations are available to transient or permanent guests. This definition shall also mean and include any hotel, motor hotel, motel, or established guesthouse, which is commonly regarded as a hotel, motor hotel, motel, or established guesthouse, as the case may be, in the community in which it is located; provided that this definition shall not be construed to include any building or structure defined as a multiple dwelling in this act, registered as a multiple dwelling with the Commissioner of Community Affairs as hereinafter provided, and occupied or intended to be occupied as such, nor shall this definition be construed to include a rooming house or a boardinghouse as defined in the Rooming and Boarding House Act of 1979, P.L.1979, c.496 (N.J.S.A. 55:13B-1 et seq.) or, except as otherwise set forth in P.L.1987, c.270 (N.J.S.A. 55:13A-7.5, 55:13A-7.6, 55:13A-12.1, 55:13A-13.2), any retreat lodging facility, as defined in this section.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes (see N.J.S.A. 13:1E-99.13a), except 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.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body and who shall be authorized to enforce the provisions of this article, 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 Franklin.
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.
SOURCE-SEPARATED RECYCLABLE MATERIALS
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 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;
TIN CANS
Includes all bimetal and tin-coated steel cans used for packaging beverages or prepared foods for human or animal consumption.
WASTE MOTOR OIL
All petroleum-based or synthetic oil which is used in an internal-combustion engine, which oil, through use, storage or handling, has become unsuitable for its original purpose due to the presence of chemical or physical impurities or loss of original properties.
WHITE GOODS
Bulky recyclable wastes of metal and shall include scrap metal and metal appliances such as refrigerators, dishwashers, dryers, clothes washers and water heaters.
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 Municipality of Franklin, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by owners, tenants, or occupants of such premises and shall be placed separately at the side of the road in the manner and on such days as arrangements for pick-up by haulers have been made by said parties who generated the waste. Alternatively, residents may bring their recyclable materials to the Township drop-off center located on Asbury-Broadway Road on the times and dates posted in § 83-15 of this article.
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 article, 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 forms 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 the 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, any certification and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.
The collection of recyclable materials shall be in the manner prescribed as follows: All residents and occupants as owners or tenants of residential properties, as well as owners, occupants or tenants of commercial, business and industrial properties, along with private public governmental institutions, unless otherwise herein exempt or which have arranged for disposal through private handlers, shall separate from disposable waste all recyclable materials as herein provided and deliver said recyclables to the Franklin Township recycling shed located at the municipal garage on Asbury-Broadway Road, being County Road #643, during the times and dates as follows:
Franklin Township Recycling Drop-Off Center's Business Hours
First Saturday of each month from 9:00 a.m. until 1:00 p.m.; and
Third Wednesday of each month from 12:30 p.m. until 4:30 p.m.
A. 
The owners/occupants of single-family and two-family dwellings shall be responsible for compliance with this article.
B. 
For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including designation of a building/complex recycling coordinator who will oversee the recycling system which includes the collection of recyclable materials.
C. 
Violations and penalty notices will be directed to the owner, occupant, or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
A. 
All commercial, business or industrial facilities shall be required to comply with the provisions of this article.
B. 
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or its designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties 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.
C. 
Annually, every business, institution or industrial facility shall report to the Municipal Recycling Coordinator the recycling activities undertaken at its premises, including the amount of recycled materials, by material type, elected and recycled and the vendor or vendors providing recycling service. The forms to be used shall be provided or approved by the Municipal Recycling Coordinator.
D. 
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.
A. 
Any application to the Land Use Board of the Township of Franklin 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.
(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.
(3) 
Provisions shall be made for the indoor or enclosed outdoor storage and pickup of solid waste, to be approved by the Municipal Engineer.
B. 
Prior to the issuance of a certificate of occupancy by the Township of Franklin, 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, or provide the municipality with a plan for recycling, which may include transporting recyclable materials to the Township's Recycling Center.
A. 
Prohibitions.
(1) 
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with or contains visible signs of designated recyclable materials.
(2) 
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 separate the uncollected 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 identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than those authorized by the municipality, shall tamper with, collect, remove or otherwise handle designated recyclable materials.
A. 
The Township Board of Health, the Recycling Coordinator, the Zoning Officer, the Building Inspector, or other Code Enforcement Officer, the State Police and the Warren County Department of Health are hereby individually and severally empowered to enforce the provisions of this article.
B. 
An inspection by these authorized enforcement agents may consist of sorting through containers and opening solid waste bags to detect, by sound or sight, the presence of any recyclable material.
Any person, corporation or occupant, or entity that violates or fails to comply with any provision of this article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250, nor more than $1,000. Each day for which a violation of this article occurs shall be considered a separate offense.
In the event it is determined by a court of competent jurisdiction that any provision or section of this article is unconstitutional, all other sections and provisions shall remain in effect. This article shall take effect immediately, unless otherwise provided by resolution of the governing body.
A. 
Position. The Township hereby establishes the position of Recycling Coordinator pursuant to P.L. 1981, c. 278,[1] as amended within and for the Township of Franklin in the County of Warren.
[1]
Editor's Note: This act, the Clean Communities and Recycling Act, N.J.S.A. 13:1E-92 through 13:1E-95, was repealed by L. 2002, c. 128, effective 12-20-2002. See now the Clean Communities Program Act, N.J.S.A. 13:1E-213 et seq.
B. 
Duties. The Recycling Coordinator, as appointed, has the following duties and responsibilities:
(1) 
To study methods of recycling materials and to recommend to the Mayor and Township Committee alternative methods that appear to be viable within the Township of Franklin.
(2) 
To establish a recycling program in the Township with recommendations for the recycling ordinance and to provide and enforce same.
(3) 
To establish and promulgate reasonable rules and regulations to fulfill and carry out said program.
(4) 
To coordinate the activities of recycling within the Township of Franklin with the County of Warren and other governmental agencies.
(5) 
To recommend and establish the manner, days and times of collection, sorting and transportation of recyclable materials.
(6) 
To study the sale and/or marketing possibilities of recycling materials and to coordinate all activities with the county recycling plans.
(7) 
To keep records as to amounts of recyclable materials collected by their various categories, which shall include a waste list for type of materials transported from the recycling program of the Township as well as a waste list from private industry or businesses, and to further collect, file and record waste oil paperwork from designated waste oil depositories.
(8) 
To compile and maintain quarterly weight receipts and reports, monitor progress of the program in the Township, and file required annual tonnage reports with the county or state as may be required or as a means or basis for the obtaining of the recycling grants towards the further development of the recycling program in the Township.
(9) 
To attend the Franklin Township monthly committee meeting and provide regular reports to the Township Committee of the progress or of any problems with the recycling program or the enforcement thereof within the Township of Franklin.
(10) 
To research and apply for, on behalf of the municipality, any available state and federal grants, and then to oversee that successful grant proceeds are disbursed according to grant guidelines.
(11) 
To act as the spring clean-up coordinator by supervising facilities and to coordinate with the Franklin Township Public Works Department, and the Franklin Township Clerk, the date, time, place and procedure for the annual Franklin Township Spring Clean-Up.
(12) 
To collect all weight slips to be used in the yearly tonnage report.
A. 
All waste motor oils disposed of either by owners or occupants of residential properties or by owners or tenants of businesses, commercial and industrial establishments shall be collected and stored in proper containers upon their respective properties and shall then be delivered to state-approved waste motor oil recycling establishments as designated by the Township Committee.
B. 
Upon the delivery and depositing of said waste oils to said center, the proper documentation shall be completed and recorded as to the amount by quantity and name of the individual or agent for any business, commercial or industrial establishment. The designated center(s) shall provide the Recycling Coordinator and/or the Township Clerk a yearly statement regarding the total amount of motor oil collected. The yearly report shall be submitted no later than January 2 of the year immediately proceeding the year it reports.
The Township hereby assumes ownership of all recyclable materials once dropped off at the Township recycling shed.
Collection of recyclable materials as defined herein by unauthorized persons is hereby strictly prohibited. Violations of such collection shall constitute a separate and distinct offense punishable as hereinafter provided.
The owners, tenants or operators of all businesses, commercial and/or industrial establishments may be declared exempt under the collection process of this article, until amended, by continuing their use of an established private collection of recyclable materials certifying as to the existence of said private contract. Said certification shall have attached thereto the contract for the collection, delivery and pickup of recyclable materials listing the materials subject to said contract. Said establishment shall not be exempt from the recycling of the materials set forth in this article that are not collected by said private collector.