Township of Elk, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Elk as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 69.
Littering; projectiles — See Ch. 72.
[Adopted 9-3-2009 by Ord. No. O-2009-14[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 84, Solid Waste, consisting of Art. I, Recycling, adopted 7-6-1989, as amended.

§ 84-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APPROVED WASTE RECEPTACLE
Must be no more than 35 gallons' capacity and must be manufactured as a trash receptacle. Use of fifty-five-gallon drums is not permitted.
BUILDING MATERIALS
Bricks, asphalt, concrete, rock, stone, stucco, steel or any other material that would generally be included in the construction and/or demolition of a building.
BULK ITEMS
Items such as sofas, chairs, furniture and rugs.
COMMINGLED
A combining of source-separated recyclable materials for the purpose of recycling.
CONTRACTOR DEBRIS
Any and all debris created as a result of hiring a contractor. This includes and is not limited to carpeting, wood, roofing shingles, demolition and remodeling.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Gloucester County Solid Waste Management Plan and Elk Township to be source separated for the purpose of recycling. These materials include:
A. 
All residential, business, and institutional facilities are required to recycle:
(1) 
Newspaper.
(2) 
Glass bottles and jars.
(3) 
Aluminum cans.
(4) 
Cardboard and corrugated cardboard.
(5) 
Bimetal cans.
(6) 
PET No. 1 plastic containers (polyethylene terephalate).
(7) 
HDPE No. 2 plastic containers (high-density polyethylene).
(8) 
Clean wood waste.
(9) 
Yard waste (grass, leaves, branches etc.).
(10) 
White goods/metal items.
(11) 
Electronics waste ("e-waste"): computers, monitors, keyboards, TVs, DVD players, VCR players, fax machines, telephone systems, desktop copiers, scanners, typewriters, and other electronics.
B. 
In addition, all business and institutional facilities are required to recycle:
(1) 
Office paper.
(2) 
Used motor oil.
ELECTRONIC WASTE (E-WASTE)
A computer central processing unit and associated hardware, including keyboards, modems, printer's scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video device, including a television, cell phones and any other electronic device that does not have a compressor.
METAL ITEMS
Picked up by appointment only. Items such as hot-water heaters, washers, dryers, refrigerators, stoves, air conditioners, freezers, and various metal items.
MULTIFAMILY DWELLING
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.).[1]
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 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 Township of Elk.
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.
WOOD WASTE
Any and all wood shipping pallets not reused in further shipping and wood used in framing of shipping containers that is not reused in the same way shall be recycled at a certified wood recycling facility.
YARD WASTE
Grass clippings, leaves, branches, shrubs, stumps, roots, and clean wood.
[1]
Editor's Note: For Section 3, see N.J.S.A. 55:13A-3.

§ 84-2 Source separation; exemptions.

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 Township of Elk, 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 residential use 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 Elk.
B. 
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of the Township of Elk may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the article 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 form shall include, at a minimum, the following information:
(1) 
The name of the commercial or institutional entity;
(2) 
The street address location and lot and block designation;
(3) 
The name, official title and phone number of the person making application on behalf of the commercial or institutional entity;
(4) 
The name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials; and
(5) 
A certification that the designated recyclable materials will be recycled and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.

§ 84-3 Collection of recyclable materials.

A. 
The collection of recyclable material shall be in the manner prescribed as follows:
(1) 
Recyclables are scheduled for curbside pickup every other week. A recycle container, blue in color, will be supplied to each resident.
(2) 
Yard waste pickup is the alternate week of recycle pickup and must be in approved bags, bundled or in containers.
(3) 
Electronic waste ("e-waste"): can be dropped off at the Public Works Garage. Call for dropoff info.
(4) 
Metal items: by appointment only.
B. 
All containers containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk or, in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. Receptacles should not be placed in the street. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above anytime after 5:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, all containers shall be removed from the curbside no later than 8:00 p.m. of the day of collection.
C. 
All receptacles or dumpsters shall be kept clean and in a safe manner.

§ 84-3.1 Residential household trash collection.

The collection of household trash shall be in the manner prescribed as follows:
A. 
Household trash:
(1) 
Trash placed in containers must be bagged and not weigh more than 50 pounds.
(2) 
Must be in accordance with § 84-3B.
B. 
Bulk items: can be placed to the curb in accordance with current contract agreement. All bulk items must set to the curb in a manner not to exceed 50 pounds and must be bundled or tied if necessary. Piled untied debris will not be picked up.
C. 
Construction debris: will not be picked up and must be disposed of by the contractor.

§ 84-4 Residential dwelling compliance requirements.

The owner of any property shall be responsible for compliance with this article. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by Office of Recycling. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The management shall issue written notification and collection rules to new tenants when they arrive and every six months during their occupancy.

§ 84-5 Nonresidential establishment compliance requirements.

A. 
All commercial and institutional generators of solid waste 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. 
Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at its premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
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.

§ 84-6 New developments of multifamily residential units or commercial, institutional or industrial properties (pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c.)

A. 
Any application to the Planning Board of the Township of Elk 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 Elk, 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.

§ 84-6.1 Construction and demolition companies.

It shall be mandatory for all contractors engaged in construction and/or demolition activities to establish recycling programs and to separate from other solid waste, or arrange to separate, collect, transport and market those recyclable items as defined in § 84-1, the definitions of "wood waste" and "building materials" and § 84-5 of this article. In addition, any trees, shrubs, stumps or any other type of woody plant that must be cleared from a site for building or demolition must be recycled in a certified wood recycling facility.

§ 84-7 Collection of solid waste mixed with recyclable materials prohibited.

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 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 and solid waste materials.

§ 84-8 Recyclable material containers.

[Added 5-5-2011 by Ord. No. O-4-2011[1]]
A. 
One ninety-five-gallon recyclable material container will be assigned by serial number to each residential taxable property and will remain the property of the Township of Elk. If a resident moves, the container assigned to that property must remain with the premises for the new resident. It is a precondition of obtaining a certificate of occupancy to account for all leased containers registered to that residence. If all real property taxes are current, residents, after following all recycling rules and regulations, may lease additional ninety-five-gallon containers for a one-time fee of $50 per container.
B. 
Containers needing repairs. Residents shall notify the Elk Township Public Works Department for containers in need of repair. An employee of the Department will repair the container. If the container is irreparable, the resident may purchase a replacement container for the sum set forth in Subsection A above.
[1]
Editor's Note: This ordinance also redesignated former §§ 84-8 through 84-10 as §§ 84-9 through 84-11, respectively.

§ 84-9 Enforcement.

The Code Enforcement Official, the Department of Health, the Recycling Coordinator, the Public Works Director, the Property Maintenance Official, the Housing Officer, and the Gloucester County Department of Health are hereby individually and severally empowered to enforce the provisions of this article. An inspection may consist of sorting through containers and the opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.

§ 84-10 Violations and penalties.

A. 
Any person, corporation, 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 $50 nor more than $1,000. Each day for which a violation of this article occurs shall be considered a separate offense.
B. 
Fines levied and collected pursuant to the provisions of this article 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 educational materials, seminars and equipment purchases.

§ 84-11 Severability; when effective.

In the event that 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.