[Adopted 8-20-1990 by Ord. No. 9008; amended
in its entirety 11-16-2009 by Ord.
No. 09-23]
This article shall be known and may be cited as the "City of
Salem Recycling Program Ordinance."
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Salem County Solid
Waste Management Plan to be source separated for the purpose of recycling
by residential, commercial, institutional and industrial sectors.
These materials cannot be deposited in the landfill and include:
Residential:
Glass containers (05): All glass containers used for packaging
food or beverages.
Aluminum cans (06): Food and beverage containers made entirely
of aluminum.
Newspaper (03): All paper marketed as newsprint or newspaper
and containing at least 70% newsprint or newspaper (American Paper
Institute Grade Nos. 6, 7 and 8 news).
Mixed office (02): All computer paper, all high-grade white
paper (including letterhead, typing paper, copier paper, onionskin,
tissue, and notepad).
Corrugated (01): Containers and similar paper items, usually
used to transport supplies, equipment, parts, or other merchandise.
Other paper/magazines, junk mail (04): All magazine stock, white
and colored paper and envelopes.
Plastic (09): Containers such as polyethylene terephthalate
(PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2)
milk, water or detergent bottles.
Yard trimmings (19): Leaves (19), grass clippings (18), stumps
(20), brush (17), and other lawn and garden trimmings from homes,
institutions, commercial or industrial sources.
Steel cans (07): Rigid containers made exclusively or primarily
of steel, tin-plated steel, and composite steel and aluminum cans
used to store food, beverages, paint, and a variety of other household
and consumer products.
Tires (15): Rubber-based scrap automotive, truck, and specialty
tires (e.g., forklift tires).
White goods and light iron (11): All large appliances, such
as washers, dryers, refrigerators, etc., as well as products made
from sheet iron, such as shelving, file cabinets, metal desks, recycled
or reconditioned steel drums, stainless steel and other nonstructural
ferrous scrap.
Food scraps (23): Food plate waste and food processing wastes.
Food processing wastes include food processing vegetative waste (material
generated in trimming and reject sorting operations from the processing
of fruits and vegetables in canneries or similar industries, e.g.,
tomato skins, pepper cores, bean snips, cranberry hulls, etc.), food
processing residuals and animal processing wastes. If the material
is transported and processed as animal feed, it may be identified
as such.
Textiles (29): Cloth material, such as cotton, linen, wool,
nylon, polyester, etc. derived from clothing, cloth diapers, linens,
etc.
Commercial:
Glass containers (05): All glass containers used for packaging
food or beverages.
Aluminum cans (06): Food and beverage containers made entirely
of aluminum.
Newspaper (03): All paper marketed as newsprint or newspaper
and containing at least 70% newsprint or newspaper (American Paper
Institute Grade Nos. 6, 7 and 8 news).
Mixed office (02): All computer paper, all high-grade white
paper (including letterhead, typing paper, copier paper, onionskin,
tissue, and notepad).
Corrugated (01): Containers and similar paper items, usually
used to transport supplies, equipment, parts, or other merchandise.
Other paper/magazines, junk mail (04): All magazine stock, white
and colored paper and envelopes.
Plastic (08): Containers such as polyethylene terephthalate
(PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2)
milk, water or detergent bottles.
Steel cans (07): Rigid containers made exclusively or primarily
of steel, tin-plated steel, and composite steel and aluminum cans
used to store food, beverages, paint, and a variety of other household
and consumer products.
Tires (15): Rubber-based scrap automotive, truck, and specialty
tires (e.g., forklift tires).
White goods and light iron (11): All large appliances, such
as washers, dryers, refrigerators, etc., as well as products made
from sheet iron, such as shelving, file cabinets, metal desks, recycled
or reconditioned steel drums, stainless steel and other nonstructural
ferrous scrap.
Food scraps (23): Food plate waste and food processing wastes.
Food processing wastes include food processing vegetative waste (material
generated in trimming and reject sorting operations from the processing
of fruits and vegetables in canneries or similar industries, e.g.,
tomato skins, pepper cores, bean snips, cranberry hulls, etc.), food
processing residuals and animal processing wastes. If the material
is transported and processed as animal feed, it may be identified
as such.
Textiles (29): Cloth material, such as cotton, linen, wool,
nylon, polyester, etc., derived from clothing, cloth diapers, linens,
etc.
The person or persons appointed by the City Council and who
shall be authorized to enforce the provisions of this article, and
any rules and regulations that may be promulgated hereunder. This
appointee shall also be responsible to assure that all materials recycled
in the municipality are properly reported and recorded.
Person or persons appointed by the City Council who shall
be authorized to enforce the article as directed by the Municipal
Recycling Coordinator.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the municipality
of the City of Salem.
Those materials that 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.
Garbage, refuse and other discarded material, but excluding
designated recyclable materials.
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.
Recyclable materials that are separated at the point of generation
by the generator thereof from solid waste for the purposes of recycling.
Mandatory source separation. It shall be mandatory for all persons
who are owners, lessees, tenants or occupants of residential and nonresidential
premises, including but not limited to retail and commercial locations,
government, schools and other institutional locations within the municipality
of the City of Salem to separate designated recyclable materials from
all solid waste.
A.
Designated recyclable materials shall be placed separately at the
curb in a manner and on such days and times as may be hereinafter
established by the City of Salem.
B.
When municipal curbside collection is not provided for designated
recyclable materials, as is the case for those recyclables generated
by commercial and institution entities, it shall be the obligation
of the generator to arrange for the private collection and delivery
of designated recyclable materials to a recycling facility or to deliver
designated recyclable materials to a municipal recycling depot designated
by the City of Salem.
A.
The City of Salem may provide a convenience center for the City of
Salem residents for the deposit of recyclable materials.
B.
The convenience center hours of operation shall be fixed by the Council.
Residents and business and other commercial institutional entities
located in the City of Salem will be required to present proper identification
upon request and sign the log book.
C.
Recyclable materials will be collected two days per month per household
and business, commercial and institutional entity, or residents and
business, commercial and institutional entities may deposit such items
in the appropriate bins at the convenience center. Recyclable materials
for collection may be placed at curbside on the day prior to the scheduled
day but in any event shall not be placed later than 6:00 a.m. on the
scheduled day.
D.
The days and streets for collection of recyclable materials shall
be established by the Council, and notice thereof shall be given to
the public.
E.
Scrap metals, including but not limited to bicycle parts and frames
may be discarded at the convenience center. Large items, including
but not limited to appliances and furniture, will be collected by
the City of Salem Street Department after the scheduling and payment
of a fee of $5 for each large item at the Treasurer's Office at 17
New Market Street. Each large item may be collected or discarded at
the convenience center after payment of said fee.
F.
Yard refuse may be separated from the trash, bagged and secured at
the top. The City will pick up these items on designated days or a
resident or business, commercial or institutional entity located with
the City may take the same to the convenience center. Tree branches
must be no more than five feet in length.
G.
Leaves shall be bagged and clearly marked as such for pickup on designated
pickup days. A resident or business, commercial or institutional entity
shall have the option of taking leaves to the convenience center and
emptying the bag into the appropriate bin.
H.
Plastic containers, aluminum, tin, glass (clear and colored), corrugated
cardboard, newspapers and paper may be placed for pickup in commingled
containers subject to the direction of the Recycling Coordinator.
The total weight of containers placed for pickup shall not exceed
40 pounds.
I.
Paper, newspaper or cardboard bundles should not be placed outside
if raining but should be stored until the next recycling day.
J.
Glass bottles will be accepted. These items must be rinsed. Mirrors,
blue or flat glass, window glass or light bulbs will not be accepted.
K.
All aluminum and tin will be accepted. All aluminum and tin containers
must be rinsed.
L.
Plastic containers, as defined herein, shall be rinsed for pickup
as a recyclable or taken directly to the convenience center and deposited
in the appropriate bin.
M.
The leaves and refuse collected by the City of Salem or deposited
at the convenience center will be disposed of by the City of Salem
in accordance with the law. Notice of the disposal arrangements shall
be given to the Salem County Utility Authority.
N.
The City of Salem will not accept contractor's building materials,
PVC piping, asbestos shingles, asbestos insulation, sheet rock, tires
or automobile parts.
The owner of each property shall be responsible for compliance
with this article. For multifamily units, including but not limited
to condominium complexes and seasonal hotel/motels and guesthouses,
the management or owner is responsible for setting up and maintaining
the recycling system, including collection of source-separated recyclable
materials. Violations and penalty notices will be directed to the
owner or management in those instances where the violator is not easily
identifiable. The owner or management shall issue notification and
collection rules regarding recycling requirements to all new tenants
when they arrive and with a reminder a minimum of every six months
during their occupancy.
A.
All commercial, business or industrial facilities shall be required
to comply with the provisions of this article.
B.
The arrangement for collection of all categories of designated mandatory
recyclables hereunder shall be the responsibility of the commercial,
institutional or industrial property owner or their designee, except
for those specific designated recyclable materials that are collected
by the City from that property. All commercial, institutional or industrial
properties at which litter is generated by employees or the public
shall provide litter and recycling receptacles. These properties shall
provide for separate recycling collection services for the contents
of the recycling receptacles.
C.
Every business, institution or industrial facility shall report on
an annual basis (or more frequently as requested) to the Municipal
Recycling Coordinator, on such forms as may be prescribed, regarding
recycling activities at their premises, including the amount and type
of recycled material not placed curbside for municipal collection.
If material is removed from the premises by a hauler, recycler or
paper shredder, the quantity and final disposition of the material
is to be reported on the form by the owner or by the hauler, recycler
or paper shredder. In the event that the owner or hauler, recycler
or paper shredder fails to respond with the completed form within
10 business days of the written request therefor, such failure shall
be a violation of this article and the Recycling Coordinator shall
be authorized to file a complaint in the Municipal Court and/or take
other appropriate action.
[Amended 11-19-2012 by Ord. No. 12-13]
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.
Any application to the Planning Board of the City of Salem, for subdivision
or site plan approval for the construction of multifamily dwellings
of three or more units, single-family developments of three or more
units or any commercial, institutional or industrial development of
1,000 square feet or more, must include a recycling plan. This plan
shall 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 City of
Salem, 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 designated recyclable materials for those locations
or properties where the municipality does not otherwise provide this
service.
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 owner or occupant to properly
segregate the uncollected waste for proper disposal and/or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
at the curbside beyond 7:00 p.m. on the day of collection 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 any personnel authorized by the municipality or the owner or
occupant responsible for placement of the designated recyclable materials
for collection, shall tamper with, collect, remove, or otherwise handle
designated recyclable materials. Upon placement of such designated
recyclable material, it shall become property of the City of Salem
or its authorized agent. It shall be a violation of this article for
any person not duly authorized to collect or pick up or cause to be
collected or picked up any recyclable materials that are the property
of the City of Salem as provided for above.
For all activities that require City of Salem approval, such
as construction, demolition or public event permits, a designated
recyclable materials plan shall be filed along with all other required
permit conditions. The plan shall include provisions for the recovery
of all designated recyclable materials generated during construction,
renovation and demolition activities, as well as public events.
The Municipal Recycling Coordinator shall review the information
submitted pursuant to this article of the chapter and determine, prior
to the issuance of the municipal approval or permit, whether the plan
submitted by the owner of the entity carrying out the covered activity
will comply or fail to comply with the recycling requirements set
forth herein. The determination regarding compliance will be provided
to the Municipal Public Works Director/Supervisor and the owner of
the entity carrying out the covered project in writing. When such
plan is deemed not compliant, the Municipal Recycling Coordinator
shall include specific conditions to be implemented by the permit
holder to achieve compliance. It shall be a violation of this article
for any owner or permit holder to fail to comply with the recycling
requirements set forth herein.
A.
The Municipal Recycling Enforcement Officer(s) are hereby individually
and severally empowered to enforce the provisions of this article.
The enforcers of the article may conduct an inspection at the site
of the generator, which consists of sorting through containers and
opening of solid waste bags to detect, by sound or sight, the presence
of any Designated Recyclable Material.
B.
Additionally, the Salem County Health Department (SCHD) shall be
empowered to enforce the provisions of this article. The municipality
shall retain primary enforcement responsibility with the SCHD, also
serving in an enforcement role, which includes inspection of commercial
establishments and multifamily residential.
The Municipal Recycling Coordinator is hereby authorized to
promulgate, from time to time, additional rules and regulations relating
to the source separation, preparation, placement and collection of
recyclable materials pursuant to the provisions of this program and
article; provided, however, that such rules and regulations shall
not be inconsistent with terms and provisions of this article and
shall be approved by the governing body. Such rules and regulations
shall be duly promulgated subsequent to publication so that the public
has had notice thereof.
A.
There is hereby created within the City of Salem the position of
Recycling Coordinator pursuant to N.J.S.A. 13:1E-99.16. The method
of appointing the Recycling Coordinator shall be by resolution of
the Council. The term of office of the Recycling Coordinator is for
one year, expiring December 31 of each year.
C.
The duties and responsibilities of the Recycling Coordinator shall
include the following:
(1)
To establish, update and coordinate a City of Salem sponsored
curbside or depot collection program.
(2)
To identify all active recycling efforts in the City of Salem
in an attempt to coordinate them into a successful recycling program.
(3)
To maintain adequate records to prove the quantities recycled
in the municipality, both by the City of Salem sponsored program and
all other recycling programs.
(4)
To inform the general public regarding the status of and all
subsequent changes in the recycling program.
(5)
To provide monthly reports to the Council of the City of Salem,
regarding tonnage collected.
(6)
To fulfill those requirements set forth in the State Recycling
Act, N.J.S.A. 13:1E-92 et seq., and to ensure that the City of Salem
fulfills said requirements.
D.
The Recycling Coordinator or the chief executive officer of the City
(in the case of a vacancy in the position of a Recycling Coordinator
or due to the absence of the Recycling Coordinator) shall submit a
report to the Salem County Recycling Coordinator within 20 days of
the last day of June and the last day of December in each year. Said
report shall show the volume for all recycled material for the prior
six-month period and cumulatively for year to date.
There is hereby created within the City of Salem the position
of Municipal Recycling Enforcement Officer. The Council may appoint
one or more Recycling Enforcement Officers by resolution. The term
of office of the Recycling Enforcement Officer shall expire on December
31 of each year.
Any person or entity violating or failing to comply with any
of the provisions provided in this article shall, upon conviction
thereof, be punishable by a fine of not less than $50 and not more
than $1,000 or by imprisonment for a term not to exceed 90 days, or
by both such fine and imprisonment, in the discretion of the municipal
judge. The continuation of any violation for each successive day shall
constitute a separate offense, and the person, persons, or entity
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense. Any violation may be
afforded warnings at the discretion of the enforcement designees before
the issuance of any fines.
