Township of Independence, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Independence 5-10-1988 by Ord. No. 88-7 (Ch. 129 of the 1984 Code); amended in its entirety 2-9-2010 by Ord. No. 2010-01. Subsequent amendments noted where applicable.

§ 307-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
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.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Warren County District Solid Waste Management Plan to be source-separated for the purpose of recycling. These materials include: container glass (clean, green, and brown), aluminum cans, bimetal cans, plastic beverage bottles PETE and HDPE resins, HDPE plastic milk and water jugs, newspapers, corrugated cardboard, high-grade paper, household batteries, magazines, junk mail, textiles, tires, waste motor oil, computers, white goods, asphalt, concrete paving and brick, automotive batteries (lead acid), laser and inkjet cartridges, leaves and yard waste, scrap metals, fluorescent lighting tubes, oil-based paint, alkyd, varnish, polyurethane, stain, and sealers.
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.
A. 
All mean any building, including but not limited to any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains 10 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.
B. 
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, however, 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 boarding house as defined in the "Rooming and Boarding House Act of 1979," P.L.1979, c.496 (N.J.S.A. 55:13B-1 et al.) 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), or any retreat lodging facility, as defined in this section.
MULTIFAMILY DWELLING
Any building or structure of 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 § 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 chapter and any rules and regulations which may be promulgated hereunder. The Recycling Coordinator shall be appointed by the governing body for a term of one year, expiring December 31st of each year. The initial term shall be for the remainder of the calendar year succeeding the appointment.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and institutional establishments within the boundaries of the municipality of Independence 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.
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.

§ 307-2 Source separation; exemption.

A. 
Mandatory source separation.
(1) 
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 Independence Township, to separate designated recyclable materials from all solid waste.
(2) 
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 in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Township of Independence.
B. 
Exemptions: Pursuant to N.J.S.A. 13:1E-99.16, Subsection 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 chapter, 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 shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.

§ 307-3 Collection of recyclable materials.

The collection of recyclable material shall be in the manner prescribed as follows:
A. 
Recyclables shall be transported by the resident or commercial establishment to the Warren County Recycling Center, which is hereby designated by the Township as its official recycling center, or the resident or commercial entity may, upon arrangement with a garbage hauler to collect such recyclables, place the same at curbside to be delivered by such hauler to the Warren County Recycling Center or other bona fide recycling center.
B. 
All recyclables placed at curbside for collection by a hauler shall be separated and placed in containers acceptable to and conforming with the requirements of the hauler servicing said resident, institution or commercial establishment.
C. 
All recyclables placed at curbside for collection shall be deemed the property of the Township or its authorized agent.
D. 
All receptacles or dumpsters shall be maintained in a clean and safe manner.

§ 307-4 Residential dwelling compliance requirements.

A. 
The owners/occupants of single-family and two-family dwellings shall be responsible for compliance with this chapter.
B. 
For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including the 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.

§ 307-5 Commercial establishment compliance requirements.

A. 
All commercial, business, or industrial facilities shall be required to comply with the provisions of this chapter.
B. 
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their 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 their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service. The forms to be used will be provided 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.

§ 307-6 New developments of multifamily residential units or commercial, institutional, or industrial properties.

A. 
Any application to the Planning Board of the municipality of Independence Township 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.
(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 municipality of Independence Township, 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.

§ 307-7 Collection of 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 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 chapter, or any rules or regulations promulgated pursuant to this chapter, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.

§ 307-8 Enforcement.

The municipal Board of Health, the Recycling Coordinator, the Zoning Officer, the Building Inspector, the Housing Officer, or other code enforcement officer, the Police Department, and the Warren County Department of Health 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.

§ 307-9 Violations and penalties.

A. 
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter 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 for each offense and/or shall be ordered to perform community service in the recycling program not to exceed 90 days. Each day for which a violation of this chapter occurs shall be considered a separate offence.
B. 
Fines levied and collected pursuant to the provisions of this chapter 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, including enforcement and education.
C. 
Prosecution of any conduct as a violation of this chapter shall not be deemed to preclude prosecution of the same conduct under any other applicable law.