[HISTORY: Adopted by the Township Committee
of the Township of Readington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-8-1992; amended in its entirety 6-21-2010 by Ord. No.
19-2010]
The rules and regulations of this article are mandatory for
all occupants of residential, commercial and institutional establishments
located in the Township of Readington.
As used in this article, the following terms shall have the
meanings indicated:
All entities which operate or conduct any business whatsoever
which cannot be included within the definitions of a residential premises
or complex.
The implementing agency for the Hunterdon County Solid Waste
Management Plan, the Hunterdon County Utilities Authority.
Those materials designated within the Hunterdon County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling.
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.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Township
of Readington.
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.
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, for residential purposes (see N.J.S.A.
13:1E-99.13a).
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), including hotels, motels, or other guest houses 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.).
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.
In order to carry out the requirements of the New Jersey Mandatory
Source-separation and Recycling Act ("Act") and the Hunterdon County
Recycling Plan ("Plan"), the position of Municipal Recycling Coordinator
is hereby established, who shall be responsible for compliance with
said Act, Plan and applicable Township regulations.
B.
The Municipal Recycling Coordinator will be annually appointed by
the Township Committee and will serve a term of one year.
C.
The Recycling Coordinator will report to the governing body and the
Township Administrator at least once annually on the status of the
Municipal Recycling Program, and shall from time to time advise and
make recommendation as to how the requirements set forth in this article
may be effectuated.
D.
The Municipal Recycling Coordinator will attend all Municipal Recycling
Coordinator meetings that the governing body deems to be important.
This includes meetings that may be conducted by the state, the county
or other appropriate organizations.
E.
The Municipal Recycling Coordinator shall promote the municipal recycling
program by educating citizens, businesses, institutions, and organizations
of the need to participate in the municipal recycling program and
shall explain to citizens, businesses, institutions and organizations
the provisions of the mandatory recycling ordinance and assist in
the enforcement thereof.
A.
It shall be mandatory for all persons who are owners, tenants, or
occupants of the 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 Readington, 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
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 hereinafter
established by regulations promulgated by the Township of Readington.
B.
Unless the municipality provides otherwise for the collection of
designated recyclable materials, every owner and/or occupant of residential
or nonresidential premises must contract for the removal and disposition
of recyclable materials as set forth in this article with a private
contractor. Residential recycling contracts must comply with the provision
of this section and must further provide for not less than monthly
pick-up.
C.
In the event that a municipal, county or state facility accepts mandatory
recyclable material as set forth in this article, then the residential
and/or nonresidential owner or occupant may utilize such facility,
to the extent permitted by the owner or operator of such facility.
A.
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this article. 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 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.
B.
Failure of occupant(s) and/or owner(s) of any residential property
to abide by the rules and regulations of this section may be fined
not less than $50 nor more than $250 for each violation 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 which is in violation of this section, which warning
shall include educational information regarding proper procedures
for recycling.
A.
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this article. Unless the municipality
provides for the collection of designated recyclable materials, 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.
B.
An occupant within a residential complex who fails to comply with
the requirements of this article may be fined not less than $50 nor
more than $250 for each violation of noncompliance.
C.
The owner/management shall issue notification and collection rules
to new tenants when they arrive and at least twice annually during
their occupancy.
D.
Unless the municipality provides for the collection of designated
recyclable materials, the owner of each residential complex shall
report to the Municipal Recycling Coordinator, by February 15 of each
year, the 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.
E.
An owner (or his/her agent) who fails to abide by the rules and regulations
of this section may be fined up to $250 for each violation of noncompliance.
Prior to taking enforcement action pursuant to this section, the Municipal
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
article.
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 dwelling
or complex.
B.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this article.
C.
Unless the property owner or municipality provides for the collection
of designated recyclable materials, arrangement for collection of
designated recyclables shall be the responsibility of the commercial,
institutional or industrial occupant. All commercial, institutional
or industrial property owners who 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.
D.
Unless the property owner or municipality provides for the collection
of designated recyclable materials, every occupant of a commercial,
industrial or institutional facility or their 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.
E.
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.
F.
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.
G.
A commercial, industrial or institutional occupant or owner who fails
to abide by the rules and regulations of this section may be fined
not less than $50 nor more than $250 for each violation 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 each section, which warning shall include
education information regarding proper procedures for recycling.
A.
Any application to the Planning Board or Board of Adjustment in the
Township of Readington for subdivision or site plan approval for the
construction of multi- family dwellings or 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 and convenient
location and must 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 Readington, 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 recycling 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.[1]
C.
Once placed in the location for collection, no person other than
those authorized by the municipality 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 $250.
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.
A.
A minimum of once a year or when necessary to reflect program or
regulatory modification, 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)
That solid waste transporters are prohibited by law to collect 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 each municipality and the county with a summarization
of recycling activity in that municipality 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 provision
of this Amendment to the Solid Waste Management Plan and pertinent
municipal recycling article shall constitute a violation and subject
the solid waste transporters to those penalties as prescribed in the
pertinent municipal recycling ordinance and State recycling regulations.
Unless the solid waste and recycling collection services have
been otherwise provided for by the municipality, pursuant to N.J.S.A.
40:66-5.1, all residential, commercial, industrial and institutional
generators of solid waste must, upon request by the municipality,
supply proof that solid waste and recycling collection services have
been contracted by the generator. The information requested for proof
of service may include provision of weight receipts or billing statements.
The procedure by which the municipality may request receipts or other
documentation must be detailed in a process approved by the governing
body of the municipality.
Designated recyclable materials for the generators of residential,
commercial, industrial and institutional waste are as follows:
A.
Corrugated: containers and similar paper items usually used to transport
supplies, equipment parts or other merchandise.
B.
Mixed office and computer paper: any and all types of "office-type"
paper, including, but not limited to, computer paper, high-grade white
paper, typing paper, copier paper, onion-skin, tissue paper, notepads,
envelopes, manila folders and colored paper, or any mix thereof.
C.
Newspaper: all paper marketed as newsprint or newspaper and containing
at least 70% newsprint or newspaper (American Forest and Paper Association
Grades Nos. 6, 7 and 8 news).
D.
Other paper/magazines/junk mail: all paper which is not defined as
corrugated, mixed office paper, computer paper or newspaper.
E.
Glass container: all glass containers used for packaging food or
beverages.
F.
Aluminum cans: food and beverage containers made entirely of aluminum.
G.
Steel cans: rigid containers made exclusively or primarily of steel
or tin-plated steel and steel and aluminum cans used to store food,
beverages, and a variety of other household and consumer products.
H.
Plastic containers: containers including polyethylene terephthalate
(PETE #1) soda bottles, high-density polyethylene (HDPE #2) for milk,
water or detergent.
I.
Leaves: must be recycled. This material is prohibited from entering
the municipal solid waste stream; however, it will not be collected
by the township (i.e., self-recycle on individual's property).
Additional designated recyclable materials for the generators
of commercial, industrial and institutional waste are as follows:
A.
White goods and light iron: all appliances such as washers, dryers,
refrigerators, etc., as well as products made from sheet metal, such
as shelving, file cabinets, metal desks, recycled or reconditioned
steel drums and other nonstructural ferrous scrap.
B.
Antifreeze: all automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
C.
Batteries, lead-acid: batteries from automobiles, trucks, other vehicles
and machinery and equipment. This does not include consumer batteries.
D.
Used motor oil: petroleum-based or synthetic oil which, through use,
storage or handling, has become unsuitable for its original purpose
due to the presence of impurities or loss of original properties.
E.
Tires: rubber-based scrap automotive, truck or specialty (e.g., forklift)
tires. The tires must be recycled at a facility approved by the New
Jersey Department of Environmental Protection.
Designated recyclable materials from generators of residential
waste that are collected by Hunterdon County are as follows:
A.
Antifreeze: all automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
B.
Batteries, lead-acid: batteries from automobiles, trucks, other vehicles
and machinery and equipment. This does not include consumer batteries.
C.
Used motor oil: petroleum-based or synthetic oil which, through use,
storage or handling, has become unsuitable for its original purpose
due to the presence of impurities or loss of original properties.
D.
Batteries, household: any type of button, coin, cylindrical, rectangular
or other-shaped enclosed device or sealed container which was utilized
as an energy source for commercial, industrial, medical, institutional
or household use. This does not include lead-acid batteries from vehicles.
E.
Mercury-containing devices: fluorescent and compact florescent tubes
(CFTs), high-intensity-discharge (HID) and neon lamps, electrical
switches, thermostats and any batteries containing mercury.
F.
Petroleum-contaminated soil: nonhazardous soils containing petroleum
hydrocarbons resulting from spills, leaks or leaking underground storage
tanks used for gasoline or any other commercial fuel and which are
recycled in accordance with the requirements of N.J.A.C. 7:26A-1.1
et seq. Note: This material can be recycled at "Class B" facilities
(for example, authorized asphalt manufacturers).
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 Township
of Readington.
Any recyclable placed at the curbside for pickup or deposited
at a residential complex depot shall be and become the property of
the Township of Readington or its authorized agent. It shall be a
violation of this article for any person or company not authorized
by the Township of Readington to collect or pick up or cause to be
collected or picked up any such recyclable.
The Municipal Recycling Coordinator and/or the Recycling Enforcement
Specialist of Hunterdon County or a designated officer of the Township
of Readington are hereby individually and severally empowered to enforce
the provision of this article. An inspection may consist of sorting
through the containers and opening of solid waste bags to detect,
by sound or sight, the presence of any recyclable material. Each day
for which a violation of this article occurs shall be considered a
separate offense. 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 solely for the expenses of the municipal
recycling program.
Collection requirements shall be as prescribed by the terms
of our current trash/recycling contract.
Collection schedule is posted on the Township website and available
at the Municipal Building and the Recycling Depot based upon the terms
of the current trash/recycling contract.
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.
This article shall take effect immediately upon final passage
and publication according to law.
[Adopted 6-18-2007 by Ord. No. 21-2007]
The purpose of this article is to establish
requirements for the proper handling of yard waste in the Township
of Readington, so as to protect the public health, safety and welfare
of the citizens of the Township of Readington, and to protect against
water pollution and environmental degradation in accordance with the
Township's stormwater management plan and the New Jersey State Stormwater
Rules promulgated by the Department of Environmental Protection, pursuant
to the New Jersey Water Pollution Control Act (N.J.S.A. 58:10a-1 et
seq.), and to prescribe penalties for failure to comply.
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
stated herein, unless their use in the text of this article clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
The placement of yard waste in a trash can, bucket, bag or
other vessel, so as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way, which is an existing state, county or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas with the street lines.
Leaves, weeds and grass clippings.
The owner or occupant of any property, or any
employee or contractor of such owner or occupant engaged to provide
lawn care or landscaping services, shall not sweep, rake, blow or
otherwise place yard waste in the street. Such waste must either be
composted on site, or containerized and removed from the property
by alternate means, but not via regular trash pickup. If such waste
is placed in the street, the party responsible must remove the yard
waste from the street, or said party shall be deemed in violation
of this article.
This article shall be enforced by the Zoning
Official or other public officer as may be appointed or directed by
the Township Committee of the Township of Readington.
Any person who violates the provisions of this
article shall, upon conviction, be subject to a fine not exceeding
$500. Each day a violation continues after the time required for the
abatement thereof shall constitute a separate offense.
