Township of Mine Hill, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Mine Hill as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, weeds and debris — See Ch. 164.
Dumpsters and refuse containers — See Ch. 221.
Junk dealers and junkyards — See Ch. 303.
Littering; refuse and rubbish disposal — See Ch. 322.
Property maintenance — See Ch. 390.
[Adopted 5-4-2000 by Ord. No. 2-00]

§ 453-1 Creation of Garbage District No. 1.

There is hereby created, within the Township of Mine Hill, Garbage District No. 1.

§ 453-2 Boundaries.

The limits and boundaries of Garbage Collection District No. 1 shall coincide in all respects with the municipal boundaries of the Township of Mine Hill, it being the purpose of this article to place the entire area forming a part of the Township of Mine Hill within this Garbage District No. 1.

§ 453-3 Purpose; contracts.

This Garbage Collection District No. 1 is hereby formed for the purpose of providing for the collection and removal of recyclable materials, garbage, ashes, refuse, rubbish and other solid waste materials within such district. The Township of Mine Hill shall arrange for such collection and removal by contract, or otherwise as permitted and provided by law, but no contract shall be made or entered into by the Township for a period longer than five years.

§ 453-4 Tax rate; financing.

The Township Council shall order and cause to be raised within the limits of this Garbage Collection District No. 1 sufficient monies to provide for the payment of the cost of removing garbage, recyclable materials and other solid waste from such district. All such sums so ordered to be raised shall be levied, raised and collected within the Township to meet the general expense of the Township. The revenues to be raised by taxation shall be $240,000, and surplus anticipated shall be $15,000. Said sums shall be expended for: salary and wages: $40,000; other expenses: $14,900; contractual services: $197,000; and social security: $3,100. The Garbage Collection District No. 1 tax rate for 2000 per $100 of assessed valuation shall be $0.11.

§ 453-5 Use of funds.

The Tax Collector of the Township of Mine Hill shall pay over to the Township Chief Financial Officer all sums levied and raised pursuant to this article, and the Chief Financial Officer shall use and apply all such sums only for the purpose of meeting and paying costs and expenses incurred in providing for the collection and removal of garbage, recyclable materials and other solid waste materials from the Garbage Collection District No. 1.

§ 453-6 Liens.

All sums and monies so ordered to be raised, levied and collected to meet the cost of garbage, recyclable materials and other solid waste collection within the Garbage Collection District No. 1 shall constitute liens upon the lands and properties within the Township of Mine Hill against which such sums are assessed in the same manner and by the same proceeding as the payment of general taxes are enforced within the Township of Mine Hill.
[Adopted 5-15-2008 by Ord. No. 12-08]

§ 453-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Morris County District Solid Waste Management Plan to be source-separated for the purpose of recycling. These materials include:
A. 
Cans made from aluminum that were manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.
B. 
Bottles and jars made from glass, including clear, brown and green glass. A "bottle" is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. A "jar" is defined as a widemouthed container that can be capped; caps and lids not included. Specifically omitted from this definition are drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex® or ceramic.
C. 
Plastic bottles coded to indicate that they are comprised of the specific types of plastic compounds (polymers) known as "polyethylene terephthalate (PETE)" or "high-density polyethylene (HDPE)." A "bottle" is defined as a receptacle having a narrow neck and a mouth that can be corked or capped; caps and lids not included. Any item made of plastic that is not a bottle and any plastic bottle without one of the symbols shown to the left are specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc., should not be recycled.
D. 
An airtight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
E. 
A publication containing news, information and advertising, usually printed on low-cost paper called "newsprint." Newspaper may include glossy inserts which come with the paper, dependent upon the market conditions at the time.
F. 
Shipping containers made with kraft paper linerboard and corrugated medium.
G. 
Various categories of recyclable paper, including but not limited to white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogues, envelopes, soft-cover books.
H. 
Vegetative material, typically generated in the autumn when they fall from trees and then are raked from residential and/or commercial lawns.
I. 
Vegetative material generated when grass (lawns) is cut.
J. 
Branches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
K. 
Logs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
L. 
Nonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, No. 4 and No. 6 heating oils and certain other refinery products, including coal tar). This type of soil shall be determined to be nonhazardous in accordance with the standards set forth in N.J.A.C. 7:26.
M. 
Motor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
N. 
Storage batteries in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. These include starting batteries such as car batteries that deliver a short burst of high power to start the engine. In addition, they may include deep cell batteries found on boats or campers used to power accessories like trolling motors, winches or lights.
O. 
Rechargeable batteries, such as nickel-cadmium, nickel-iron, nickel metal hydride, lithium ion, small sealed lead acid, etc. These are often used as substitutes for nonrechargeable batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls, toys, etc. Also included in this definition are nonrechargeable batteries that are hazardous as defined by the Resource Conservation and Recovery Act ("RCRA"), regardless of the RCRA exclusion of household waste from the definition of "hazardous waste" pursuant to 40 CFR 261.4(b). Nonrechargeable hazardous batteries include older alkaline and carbon zinc batteries as well as silver oxide, mercury and magnesium button-type batteries, etc. It should be noted that domestically manufactured alkaline and carbon zinc nonrechargeable batteries made after circa 1994 eliminated mercury content to the point that they should not be considered RCRA hazardous and therefore are not included in this material category.
P. 
Appliances composed predominantly of metal, and may include stoves, washing machines and dryers, for example, if the appliance is predominantly metal. Also included are air conditioners, refrigerators and dehumidifiers if they are predominantly metal. If these appliances on the latter list contain refrigerants that are prohibited by the Clean Air Act from being knowingly vented, the refrigerant must be recovered accordingly.
Q. 
Tires that are whole, not chipped into small pieces. (Tires are allowed to be recycled and/or incinerated for energy recovery.)
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 to fulfill the requirements of the Morris County Solid Waste Management Plan and the New Jersey Statewide Mandatory Source Separation and Recycling Act and the rules and regulations promulgated therefor.
MUNICIPAL SOLID WASTE
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Township which is not bulky waste or construction and demolition debris.
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;
TOWNSHIP
The Township of Mine Hill.
[1]
Editor's Note: See N.J.S.A. 55:13A-3(j).

§ 453-8 Mandatory 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, to separate designated recyclable materials from all solid waste. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Disposal of designated recyclable materials shall be separate and apart from other solid waste generated by the owners, tenants or occupants of such premises as follows:
(1) 
Aluminum cans, steel (tin) cans, glass containers, glass bottles and jars, HDPE plastics and PETE plastics shall be emptied, rinsed and disposed of as specified by the Township.
(2) 
Used newspapers shall be secured in bundles no larger than 12 inches high and shall not be placed in plastic bags. The used newspapers shall be disposed of as specified by the Township.
(3) 
Corrugated cardboard shall be flattened and disposed of as specified by the Township.
(4) 
Mixed paper, paperboard/chipboard and magazines shall be disposed of as specified by the Township.
(5) 
All other designated materials as listed as designated recyclable materials in § 453-7 shall be disposed of as specified by the Township.
(6) 
Yard waste shall not be disposed of with the regular solid waste and shall not be disposed of at any solid waste facility. It shall either be composted on the site of the residential establishment or disposed of at a yard waste compost facility.
B. 
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, 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 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 and provide 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.

§ 453-9 Acceptance of recycling goal.

As set forth in N.J.S.A. 13:1E-99.13b(4)(c), the Township accepts the goal of 50% recycling of municipal solid waste by 2015 and shall monitor its level of recycling and solid waste disposal and shall strive to achieve the recycling of 50% of the municipal solid waste generated within its borders.

§ 453-10 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 Municipal Recycling Coordinator or the Director of Public Works. 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.

§ 453-11 Nonresidential establishment compliance requirements.

A. 
Institutional establishment compliance. Institutional establishments shall source-separate designated recyclable materials. Designated recyclable materials may be deposited at the recycling center during hours of operation. Otherwise, the institution shall be responsible for establishing recycling programs for collection, transportation and marketing of designated recyclable materials.
B. 
Commercial establishment compliance. Commercial establishments shall source-separate all designated materials for recycling. Designated recyclable materials, excluding office paper, may be deposited at the recycling center during hours of operation. Otherwise, each establishment shall be responsible for establishing recycling programs for collection, transportation and marketing of designated recyclable materials.
C. 
All commercial, institutional or multifamily dwellings which are not serviced by municipal recycling collection systems must submit recycling documentation on a semiannual basis to the Municipal Recycling Coordinator on forms prescribed by the Township, documenting the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service. Due dates for report periods are as follows:
Reporting Period
Due Date
January 1 to June 30
July 15
July 1 to December 31
January 15
D. 
All of the aforementioned provisions may, from time to time, be modified by the Municipal Recycling Coordinator to the extent that procedures are developed for establishments to have their recyclables recycled, or new requirements are imposed by county or state agencies having appropriate jurisdiction.

§ 453-12 Alternate methods of disposal.

Any person who is an owner, lessee or occupant may donate or sell used recyclable materials to any person, partnership or corporation, whether operating for profit or not for profit. No person, partnership or corporation shall appropriate recyclable material placed for collection as designated by the Township of Mine Hill unless they have received the expressed permission from the Township of Mine Hill to remove such material.

§ 453-13 User fee for recycling appliances with Freon.

[Added 6-2-2011 by Ord. No. 5-11[1]]
The fee for disposition of materials for recycling that use Freon in their operation shall be as set forth in Chapter 235, Fees, or, if the fee that the Township pays for the removal of Freon from an appliance is higher than the fee set forth in Chapter 235, Fees, the person disposing of the appliance shall pay to the Township the same fee as the Township pays to have the Freon removed and disposed of in a safe and environmentally friendly manner.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 453-14 Ownership of materials following placement for collection.

From the time of placement at the designated area, the recyclable materials shall be the property of Mine Hill Township or its designated agents, and revenues collected from the sale of recyclable materials, if any, shall be the property of Mine Hill Township or its designated agents.

§ 453-15 Multi-generator building recycling responsibilities.

In the case of multi-generator buildings, including apartment buildings, hotels, office buildings and commercial establishments, the building management as well as the individual generators shall be responsible for compliance with the requirements of this article.

§ 453-16 Enforcement agents designated.

The Municipal Recycling Coordinator or members of the Police and Public Works Departments are hereby authorized and directed to enforce all provisions of this article. Enforcement officers shall have the right to inspect garbage set out for disposal in order to determine whether recyclable materials are included.

§ 453-17 Unlawful acts.

It shall be unlawful to combine designated, unsoiled recyclables with other solid waste. Failure to source-separate designated materials for recycling is a violation of this article. It shall be unlawful for solid waste collectors to collect solid waste that contains visible signs of designated recyclable materials. It shall be the responsibility of the resident whose solid waste was not removed because it contained recyclables to properly segregate the uncollected waste for proper recycling. Allowing such unseparated refuse to accumulate will be considered a violation of this article.

§ 453-18 Violations and penalties. [1]

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 subject to the penalty in § 1-3, General penalty, of the Code of the Township of Mine Hill.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).