[Amended 6-12-2008 by Ord. No. 7-2008]
A.
DESIGNATED RECYCLABLE MATERIALS
MULTIFAMILY DWELLING
MUNICIPAL RECYCLING COORDINATOR
MUNICIPAL SOLID WASTE (MSW) STREAM
RECYCLABLE MATERIAL
SINGLE STREAM
SOURCE-SEPARATED RECYCLABLE MATERIALS
SOURCE SEPARATION
For the purpose of this article, the following words shall have the
meanings respectively ascribed to them by this section:
Those materials designated within the Gloucester County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include glass, paper, plastic containers,
aluminum and ferrous cans, food waste, corrugated and other cardboard,
newspaper, magazines or high-grade office paper.
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 (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.).
The person or persons appointed by the municipal governing
body who shall be authorized to, among other things, enforce the provisions
of this article, and any rules and regulations which may be promulgated
hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of Clayton Borough.
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.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling (i.e., placed in the same container).
Recyclable materials which are separated from solid waste
at the point of generation by the generator thereof for the purposes
of recycling.
The process by which recyclable materials are separated from
solid waste at the point of generation by the generator thereof for
the purposes of recycling.
B.
All other terms and phrases shall be as defined in the New Jersey
Solid Waste Management Act (SWMA),[1] the regulations promulgated under the SWMA, and the Gloucester
County Solid Waste Management Plan, unless the context clearly requires
a different meaning.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
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 Borough of Clayton, 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 curb in a manner and on such days and times as may
be advertised by the Borough and county.
(1)
The Borough of Clayton supplies recycling containers to residential
owners in the Borough at no cost to the residential owner. These containers
remain Borough property. If a Borough-owned recycling container, which
has been issued to a residential owner, is damaged or destroyed such
that a new container must be issued by the Borough, the residential
owner will be responsible for the replacement cost of the new container.
[Added 2-8-2018 by Ord. No. 1-2018]
B.
Exemption. Pursuant to N.J.S.A. 13:1E-99.16d, the Borough of Clayton
may exempt persons occupying commercial or institutional premises
within its municipal boundaries from the source separation requirements
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption,
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 services 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 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.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.
All recyclables placed at the roadside by residents for collection
shall be prepared for collection in accordance with the following:
placement in blue containers of all newspaper, glass, plastics 1 and
2, cardboard, aluminum and metal.
B.
Material shall be placed at the roadside in accordance with § 60-2 for collection adjacent to one another and clearly separated from containers of solid waste. After collection, any containers shall be removed from the curbside by within 10 hours after material has been collected.
[Amended 5-10-2018 by Ord. No. 9-2018]
A.
No person shall dispose of leaves, arrange for the disposal of leaves
or cause leaves to be disposed of except as provided herein.
B.
All persons occupying residential premises and who are served by
a municipal program for separate collection of leaves shall source-separate
all leaves during the period specified and place them for collection
at the times and in the manner heretofore or hereafter prescribed
by the Borough of Clayton.
C.
All persons occupying residential premises and who are not served
by a municipal program for separate collection of leaves shall arrange
for the separate disposal or processing of leaves at a composting
facility or an agricultural, horticultural, silvicultural or other
commercial operation which processes or utilizes leaves for compost,
mulch or other beneficial uses.
D.
All other persons shall dispose of leaves, arrange for the disposal
of leaves or cause leaves to be disposed of in accordance with state,
county and municipal regulations.
E.
Nothing herein shall require any person to gather leaves or prevent
any person from utilizing leaves for compost, mulch or other agricultural,
horticultural, silvicultural, gardening or landscaping purposes.
F.
Brush shall be placed at curbside on the designated trash day.
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 the appropriate municipal office. 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 notification and collection rules to new tenants
when they arrive and every six months during their occupancy.
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 shall also provide receptacles for
designated recyclable materials in the location of the litter receptacle,
and shall provide for separate recycling service for their clients.
C.
Every business, institution, or industrial facility shall report
on an annual basis to the Recycling Coordinator, on forms as may be
prescribed, on recycling activities at its premises, including the
amount of recycled material collected and recycled and the vendor
or vendors providing recycling service.
D.
All food service establishments 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.
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c:
A.
Any application to the Planning
Board of the Borough of Clayton 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]
(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 applicant'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
with advice from the Board's professionals.
B.
Prior to the issuance of a certificate of occupancy by Clayton Borough,
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.
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 materials.
The Code Enforcement Officer, the Board of Health, the Recycling
Coordinator, 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 opening of solid waste bags to detect, by sound or sight, the
presence of any recyclable material.
Any person, corporation, occupant, or entity who or which 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 of not less than $250 nor more than
$2,500, by imprisonment in the county jail for a term not exceeding
90 days, or by community service not exceeding 90 days. Each day for
which a violation of this article occurs shall be considered a separate
offense.
