The short title of this chapter shall be the "Middlesex Township Recycling
Ordinance," and the same may be cited in that manner.
As used in this chapter, the following words and phrases when used in
this chapter shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
BIMETAL CONTAINERS
Empty food or beverage containers consisting of ferrous sides and
bottom and an aluminum top.
COMMERCIAL ESTABLISHMENT
An establishment engaged in nonmanufacturing or nonprocessing business,
including, but not limited to, stores, markets, office buildings, restaurants,
shopping centers, theaters and mobile home parks.
COMMUNITY ACTIVITIES
Events that are sponsored in whole or in part by a mandated municipality,
or conducted within a mandated municipality and sponsored privately, which
include but are not limited to fairs, bazaars, socials, picnics and organized
sporting events that will be attended by 200 or more individuals per day.
COMPOSTING
A controlled microbial degradation of organic waste to produce a
relatively nuisance-free product of potential value as a soil conditioner.
CORRUGATED PAPER
Any structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
DWELLING UNIT
Any room or group of rooms located within a building and forming
a single habitable unit with facilities which are used or intended to be used
for living, sleeping, cooking and eating by one family.
FERROUS CONTAINERS
Empty steel or tin food or beverage containers. Expressly excluded
are foil trays, and other types of aluminum are not acceptable for curbside
collection (i.e., auto batteries, appliances, assorted metals and wide range
of other materials). Paper on allowable ferrous containers need not be removed.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Labels on allowable
glass recyclables need not be removed. Expressly excluded are noncontainer
glass, plate glass, blue glass, porcelain and ceramic products, broken glass,
drinking glass, light bulbs, ceramic mugs and window glass. These items may
be safely discarded with regular trash.
HIGH-GRADE OFFICE PAPER
Any bond, copier, letterhead or mimeograph paper typically sold as
"white ledger" paper; and computer paper.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in processing or manufacturing, including
but not limited to factories, foundries, mills, processing plants, refineries,
mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment or facility engaged in services including, but
not limited to, hospitals nursing homes, orphanages, schools and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar
materials, but not including grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded, however, are all other
paper products of any nature whatsoever.
MULTIFAMILY RESIDENCE
Any occupied residential structure having two or more dwelling units
per structure, including without limitation apartments, townhouses, condominiums,
and cooperatives.
MUNICIPAL ESTABLISHMENT
Any facility or building owned or operated by a local government
or county government, local government or county government authority, state
government or agency or federal government or agency.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other
materials, including solid, liquid, semisolid or contained gaseous material,
resulting from operation of residential, municipal, commercial or institutional
establishments and from community activities and any sludge not meeting the
definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant or air pollution control facility. The term
does not include source-separated commingled recyclable materials.
NEWSPAPERS
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions, containing advertisements
and other matters of public interest. Expressly excluded, however, are newspapers
which have been soiled.
PERSON
Any individual, partnership, corporation, association, institution,
enterprise, municipality, municipal authority or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. In any provision
of this chapter prescribing a fine, imprisonment or penalty, or any combination
of the forgoing, the term "person" shall include the officers and directors
of any corporation or other legal entity having officers and directors.
PLASTIC CONTAINERS
Empty plastic food and beverage containers coded as No. 1 PET and
No. 2 HDPE are acceptable. Due to the large variety of types of plastic, the
recycling regulations may stipulate specific types of plastic which may be
recycled. Labels on allowable recyclable plastic containers need not be removed.
PRIVATE COLLECTOR/HAULER
A person providing collection, hauling and disposal services for
municipal waste and/or commingled recyclable materials on a private contract
basis under contract with, or licensed by, Middlesex Township.
RECYCLABLE MATERIALS
Those materials specified by the municipality to be recycled. This list of materials, as specified in the recycling regulations resulting from this chapter, are designated in §
140-4 hereof and may be revised from time to time as deemed necessary by the municipality subject to marketability. Notice to Middlesex Township residents of said chapter amendments regarding recyclable amendments shall be the responsibility of the licensed private contractor/hauler, to be clearly shown on the next billing cycle statement.
RECYCLING
The commingling, separation, recovery and sale or reuse of metals,
glass, paper, leaf waste, plastics and other materials which would otherwise
be disposed or processed as municipal waste or the mechanized separation and
treatment of municipal waste (other than through combustion) and creation
and recovery of reusable materials other than a fuel for the operation of
energy. It shall be prohibited to separate recyclables in any manner whatsoever.
All allowable recyclable materials shall be commingled in authorized recycling
container(s). Separation of allowable recyclable materials shall result in
private collector/hauler refusing to pick up recyclables.
RESIDENCE
Any occupied single-family or multifamily dwelling having up to four
dwelling units per structure from which a municipal or private hauler collects
solid waste. This shall include mobile homes located in parks, if applicable.
There is hereby established a program requiring the separation from
municipal waste of recyclable materials and leaf waste generated at residences,
multifamily residences, commercial, municipal and institutional establishments
and community activities.
It shall be the duty of every owner of property and every person occupying
a dwelling unit, premises or place of business within the Township where municipal
waste is generated and accumulated, by his/her own expense and cost, except
as otherwise specified in this chapter, to provide and keep at all times a
sufficient number of containers as established by regulation to hold all municipal
waste accumulated between intervals of collection of such waste by an authorized
collector; and to insure the sanitary and legal disposal of such waste in
accordance with this chapter and all other Township, state and federal applicable
laws and regulations.
A. Residences. Designated recyclable materials generated
at residences shall be placed at the curb separated from municipal waste and
commingled in appropriate container for collection at such times and dates
and from such containers as may be established by regulation. Recyclable materials
shall be collected at least once per month. Designated recyclable materials
for residences are:
(1) Aluminum, bimetal and ferrous containers which have been
rinsed of all prior contents and may be crushed to save space. Labels need
not be removed from aluminum, bimetal and ferrous containers.
(2) Unbroken clear, green and brown glass food and beverage
containers which must be rinsed of all prior contents and the lids and rings
discarded with regular trash. Labels need not be removed from containers.
(3) Empty plastic containers and beverage containers coded
as No. 1 PET and No. 2 HDPE which have been rinsed of all prior contents.
Labels need not be removed from containers.
B. Multifamily residences. Designated recyclable materials
generated at multifamily residences shall be placed in appropriate container
separated from municipal waste. Collection receptacles of sufficient size
for recyclable materials shall be placed in easily accessible locations, such
as storage areas or areas where municipal waste is presently collected. It
shall be prohibited to separate recyclables in any manner whatsoever. All
allowable recyclable materials shall be commingled in appropriate recycling
container(s). Separation of allowable recyclable materials shall result in
private collector/hauler refusing to pick up recyclables. Recyclable materials
shall be stored in accordance with State Fire Code regulations and all federal,
state and local health and safety laws and ordinances until collection. Recyclable
materials shall be collected at least once per month. Designated recyclable
materials for multifamily residences are:
(1) Aluminum, bimetal and ferrous containers which have been
rinsed of all prior contents and may be crushed to save space. Labels need
not be removed.
(2) Unbroken clear, green and brown glass food and beverage
containers which must be rinsed of all prior contents and the lids and rings
discarded with regular trash. Labels need not be removed.
(3) Empty plastic containers and beverage containers coded
as No. 1 PET and No. 2 HDPE which have been rinsed of all prior contents.
Labels need not be removed from containers.
C. Commercial, municipal and institutional establishments
and community activities. The owners/operators of commercial, municipal or
institutional establishments, or sponsors/organizers of community activities,
shall separate and commingle designated recyclable materials from municipal
waste. Commingled recyclable materials shall be placed in appropriate containers.
Collection receptacles shall be placed in all buildings, in all floors and
wings thereof, in each office and in all areas where food is served or consumed,
including without limitation cafeterias, lunch rooms, fast-food areas and
vending machine rooms. Recyclable materials shall be stored in accordance
with State Fire Code regulations and all federal, state and local health and
safety laws and ordinances until collection. Recyclable materials shall be
collected at least once a month.
(1) Designated recyclable materials for commercial, municipal
or institutional establishments and community activities are:
(a) Aluminum, bimetal and ferrous containers which have been
rinsed of all prior contents and may be crushed to save space. Labels need
not be removed.
(b) Unsoiled high-grade office paper and unsoiled corrugated
paper.
(2) Exemption. Owners/operators of commercial, municipal
or institutional establishments may obtain an exemption from the requirements
of this chapter if those persons or establishments otherwise provide for recycling
high-grade office paper, aluminum, corrugated paper, leaf waste and any other
materials that such establishments are required to recycle. To qualify for
an exemption under this subsection, commercial, institutional and municipal
establishments must provide written documentation to the Township on or before
January 30 for the previous calendar year. This documentation shall be in
the form of one of the following:
(a) Copies of weight receipt, statements, or a report from
the provider of recycling collection services, which consolidate such information
and identifies the amount of each material collected and marketed.
(b) A report from the provider of recycling collection services
which identifies the amount of each material collected and marketed. The type
and weight of recyclables generated by an individual establishment may be
approximated based upon a representative sample of its source-separated materials.
Where recyclables from several establishments are collected in the same vehicle,
an individual establishment's contribution to the load may be apportioned.
Only the weight of materials marketed for recycling purposes can be credited
to an establishment.
(c) A report from the provider of waste collection services
that identifies the type and weight of each recyclable material collected
and marketed in cases where recyclables are commingled with the establishment's
waste. The type and weight of recyclables generated by an individual establishment
may be approximated based upon a representative sample of its waste. Where
materials from several establishments are collected in the same vehicle, and
individual establishment's contribution to the load may be apportioned. Only
the weight of materials marketed for recycling purposes can be credited to
an establishment.
Persons shall separate leaf waste from other municipal waste generated
within the municipality. No leaf waste shall be placed for collection unless
the leaf waste is to be composted.
Any person may donate or sell recyclable materials to individuals or
organizations that are licensed or authorized by the municipality in its recycling
regulations. These materials must either be delivered to the individual's
or organization's site or they may be placed at the curb for collection by
said individual or organization on days not indicated as recyclable material
collection days by the municipality. Said individuals or organizations may
not collect recyclable materials on or immediately preceding (within 24 hours)
a regularly scheduled curbside collection day.