[HISTORY: Adopted by the Township Committee of the Township
of White 9-10-2009 by Ord. No. 2009-6. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 166.
As used in this chapter, the following terms shall have the
meanings indicated:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
An activity involving the sale of goods or services carried
out for profit.
Those materials designated within the Warren County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials at the time of this chapter include:
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Designated Traditional Materials
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Designated Nontraditional Materials
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Aluminum cans
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Antifreeze
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Computer paper
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Asphalt and concrete bricks/pavement
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Glass bottles and jars — three colors (clear, green and
brown)
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Automotive batteries (lead acid)
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Corrugated cardboard
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Carpet
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High grade office paper — white
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Florescent tubes
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Magazines and mixed paper
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Computers
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Newsprint
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Laser and inkjet cartridges
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Plastic bottles
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Household batteries
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1.
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PETE-clear and green (type #1)
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Latex paint, if collection is available
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2.
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HDPE-clear and colored (type #2)
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Leaves and yard waste (brush, tree parts)
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Steel cans/tin cans
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Nontreated wood
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Oil filters
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Propane tanks
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Scrap metals (including junked autos)
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Source-separated metal
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Stumps
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Textiles/clothing
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Tires
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Used motor oil
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White goods (large appliances)
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NOTE: The above-stated list may change over time as the Warren
County District Solid Waste Management Plan is amended. Such amendments
to this list shall be incorporated herein.
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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.
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.
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 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 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.
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 Section
3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (N.J.S.A.
55:13A-1 et seq.).
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.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Municipality
of White.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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.
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 White, 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 and shall be
placed separately at the roadside to be collected by a private solid
waste collector for proper disposal or directly delivered to a licensed
recycling facility. Days and times may be hereinafter established
by regulations promulgated by the Recycling Coordinator.
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 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:
(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 shall
provide written documentation to the Municipal Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
The Township of White does not provide recycling collection
services to the residents. Rather, residents must retain the services
of a private solid waste collector for recycling disposal or they
must deliver their recycling materials to a licensed recycling facility.
The collection of recyclable material by private solid waste collector
shall be in the manner prescribed as follows:
A.
All containers and brown paper bags containing recyclable materials
shall be placed, prior to collection, on the roadside as near to the
road as not to constitute a danger, where such receptacles shall be
readily accessible to a private solid waste collector without providing
obstruction to pedestrians. 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 any
time after 5:00 p.m. of the day immediately preceding the day of collection,
or any time of the day of collection. After collection, any containers
shall be removed from the roadside by end of the day of collection.
B.
All receptacles or dumpsters shall be maintained in accordance with
the Health Code of the Municipality of White.
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.
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.
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 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.
The municipal Board of Health, the Recycling Coordinator, the
Zoning Officer, the Construction Official, 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.
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 $25 nor more than $2,000 or
up to 90 days in jail or a period of community service not to exceed
90 days, or any combination thereof.
B.
Each day for which a violation of this chapter occurs shall be considered
a separate offense.
C.
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.
A.
The position of Recycling Coordinator is hereby created and established
within the Township of White.
B.
The Recycling Coordinator shall be appointed by the Township Committee
for a term of one year, expiring December 31 of each year. The term
of the person first appointed Recycling Coordinator shall expire December
31 of the year of that person's appointment.
C.
The Recycling Coordinator, subject to the approval of the Township
Committee, shall establish and promulgate reasonable regulations as
to the manner, days and times for the collection, sorting, transportation,
sale and/or marketing of said recycling material in order to encourage
the preservation of material resources while minimizing the cost of
the recycling program to the Township of White.
