Town of Clinton, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Clinton 6-9-1992 by Ord. No. 92-10.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 45.
Fuel tanks and dumpsters — See Ch. 80.
Garbage, rubbish and refuse — See Ch. 82.
Littering — See Ch. 94.
109a Appendix A 109b Appendix B 109c Appendix C 109d Appendix D
[1]
Editor's Note: This ordinance also repealed former Ch. 109, Recycling, adopted 6-23-1987 by Ord. No. 87-14.

§ 109-1 Applicability.

The rules and regulations of this chapter are mandatory for all occupants of residential, commercial and institutional establishments located in the Town of Clinton.

§ 109-1.1 Definitions.

[Added 6-9-2009 by Ord. No. 09-05]
As used in this chapter, 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 those listed in Appendix C and Appendix D.[1]
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 promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and institutional establishments within the boundaries of the municipality of the Town of Clinton.
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.
[1]
Editor's Note: Appendixes C and D are included at the end of this chapter.

§ 109-2 Ownership of recyclables; violations and penalties.

Any recyclable placed at the curbside for pickup or deposited at a residential complex depot shall be and become the property of the Town of Clinton or its authorized agent. It shall be a violation of this chapter for any person or company unauthorized by the Town of Clinton to collect or pickup or cause to be collected or picked up any such recyclable. Each such collection or pickup in violation hereof is an offense subject to a fine of up to $250. Multiple collections or pickups are deemed multiple separate and distinct offenses.

§ 109-3 Enforcement.

The provisions of this chapter may be enforced by the Recycling Coordinator and/or the Recycling Enforcement Specialist of Hunterdon County, the Municipal Building Code Official or a designated officer of the Town of Clinton.

§ 109-4 Donation of recyclables.

No recyclable that is being collected as part of the municipal recycling program may be donated or sold to or received by any person, partnership or corporation (whether operating for profit or not for profit) unless said person, partnership or corporation has first received written authorization from the Recycling Coordinator of the Town of Clinton.

§ 109-5 Promulgation of rules and regulations.

The Recycling Coordinator of the Town of Clinton is hereby authorized and directed to establish and promulgate reasonable rules and regulations as to the recycling plan for the town. The recycling plan shall include Appendixes B, C and D of this chapter. Such rules and regulations shall be effective no earlier than 30 days nor later than 90 days from the date of promulgation and publication of said rules and regulations. The Mayor and Common Council of the Town of Clinton may, by resolution, vote, change, modify, repeal or amend any portion of said rules and regulations.
A. 
Appendix A creates the position of Recycling Coordinator and contains the Recycling Coordinator's job description.
B. 
Appendix B establishes a collection schedule and collection requirements for the Town of Clinton.
C. 
Appendix C designates materials that are required to be recycled by the occupants of residential, commercial and institutional premises pursuant to the Hunterdon County Recycling Plan.
D. 
Appendix D designates materials that are to be recycled in the Town of Clinton.

§ 109-6 Designation of recyclable materials.

Because of changing markets for recyclable materials, a long-term discussion on which solid waste materials should be designated as recyclables is not possible. Therefore, please refer to Appendix C and Appendix D of this chapter for a list of those materials which are designated as recyclable.

§ 109-7 Residential property.

[Amended 6-9-2009 by Ord. No. 09-05]
A. 
"Residential property" means 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, or for residential purposes.
B. 
The occupant(s) and owner(s) of residential property shall be responsible for recycling all materials designated by Appendix C and Appendix D[1] as "residential recyclables." 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 Recycling Coordinator or other 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.
[1]
Editor's Note: Appendixes C and D are included at the end of this chapter.
C. 
Each category of recyclable material must be prepared for collection as specified in Appendix B.[2]
[2]
Editor's Note: Appendix B is included at the end of this chapter.
D. 
Occupants and/or owner(s) of any residential property who fail to abide by the rules and regulations of this chapter may be fined up to $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.

§ 109-8 Residential dwelling complexes.

[Amended 6-9-2009 by Ord. No. 09-05]
A. 
"Residential complex" means 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, or for residential purposes (See N.J.S.A. 13:1E-99.13a.) and shall include hotels, motels or other guesthouses 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.)
B. 
The occupant(s) and owner(s) of any residential complex shall be responsible for recycling all materials designated by Appendix C and Appendix D[1] as "residential recyclables."
[1]
Editor's Note: Appendixes C and D are included at the end of this chapter.
C. 
Each category of recyclable material must be prepared for collection as specified in Appendix B.[2]
[2]
Editor's Note: Appendix B is included at the end of this chapter.
D. 
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. Access to the depot shall be controlled by the owner or his agent(s); however, access to the depot for the families of the residential complex must be scheduled at least once a week for at least a two-hour period, and access to the depot must be made available to the recyclables collector between 7:00 a.m. and 4:00 p.m. on collection days.
E. 
An occupant within a residential complex who fails to abide by the rules and regulations of this chapter may be fined up to $250 for each month of noncompliance. An owner (or his agent) who fails to abide by the rules and regulations of this chapter may be fined up to $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 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.

§ 109-9 Commercial, industrial and institutional establishments.

[Amended 6-9-2009 by Ord. No. 09-05]
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 property" or a "residential complex."
B. 
Each commercial, industrial and institutional establishment is required to recycle all materials designated by Appendix C and Appendix D[1] as "commercial, industrial and institutional recyclables." Arrangement for collection of designated recyclables shall be the responsibility of the commercial, industrial or institutional 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.
[1]
Editor's Note: Appendixes C and D are included at the end of this chapter.
C. 
Commercial, industrial and institutional establishments may be exempted from recycling all materials designated by Appendix C and Appendix D as "commercial, industrial and institutional recyclables," provided that at least one commodity is recycled. This exemption must be applied for and approved by the Recycling Coordinator and must be made in writing. Included with the request must be evidence showing that the applicant will implement an individual establishment's alternate recycling plan identifying the material(s) that will be recycled and represents that an excess of 50% of the solid waste generated by the applicant will be recycled. A temporary one-time three-month exemption may be granted without supporting evidence at the discretion of the Recycling. Coordinator; however, at the end of the three-month period, the establishment must reapply for exemption with evidence collected during the three-month period. All regular exemptions (nontemporary exemptions) will expire on December 31 of each year. Exemption must then be reapplied for no later than January 31 of the next year.
D. 
Designated recyclables as described in Appendix C and Appendix D must be delivered to a state-approved recycling facility at least once a month. Weight slips detailing the date, type of recyclable and the weight (in pounds or tons) must be delivered to the Town Clerk no later than the 15th of the month for the preceding month.
E. 
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 15 of each year, 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.
F. 
If the property owner provides recycling collection services for the occupants of the property, the owner, 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 15 of each year, 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.
G. 
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.
H. 
A commercial or industrial establishment that fails to abide by the rules and regulations of this chapter may be fined up to $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.

§ 109-10 Design standards.

[Added 6-9-2009 by Ord. No. 09-05]
New developments of multifamily residential units and commercial, institutional or industrial properties shall comply with the following:
A. 
Any application to the Planning Board of the Town of Clinton 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, in a 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 Town of Clinton, 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.

§ 109-11 Mandatory source separation.

[Added 6-9-2009 by Ord. No. 09-05]
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 the Town of Clinton, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants or occupants of such premises. Designated recyclable materials shall be taken to an authorized recycling center or, for properties and recyclable materials for which curbside pickup is provided, placed separately at the curb in a manner and on such days and times as provided in Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.

§ 109-12 Collection of solid waste mixed with recyclable materials prohibited.

[Added 6-9-2009 by Ord. No. 09-05]
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 chapter and the local sanitary code.
C. 
Once placed in the location for collection, no person, other than those authorized by the Town, shall tamper with, collect, remove or otherwise handle solid waste or designated recyclable materials.
D. 
A solid waste collector who fails 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 solid waste collector which is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.

§ 109-13 Solid waste transporter requirements.

[Added 6-9-2009 by Ord. No. 09-05]
A. 
A minimum of once a year, or when necessary to reflect program or regulatory modifications, 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 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) 
Solid waste transporters are prohibited by law from collecting 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 companies 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 will provide the Town and county with a summarization of recycling activity in the Town, 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 section and this chapter shall constitute a violation and subject the solid waste transporters to fines of not less than $50 nor more than $1,000 and those penalties as prescribed in the pertinent state recycling regulations.