[Adopted 3-4-2021 by Ord. No. O-1-2021[1]
[1]
Editor's Note: This ordinance also repealed former Ch. 84,
Solid Waste, which consisted of Art. I, Recycling, adopted 9-3-2009 by Ord. No. O-2009-14, as amended.
A.
There is hereby established a program for the mandatory source separation
of recyclable materials within the Township of Elk, and the requirements
of this chapter shall apply to all property owners, occupants and
tenants of such property situated within the Township of Elk. Such
separation, collection and disposal of specified recyclable materials
shall be made under the supervision and guidance of the Township's
Recycling Coordinator.
B.
There is hereby established a program to prohibit scavenging of recyclable
materials within the Township of Elk and the requirements of this
chapter shall apply to all.
C.
There is hereby established a program to prohibit littering and dumping
within the Township of Elk, and the requirements of this chapter shall
apply to all.
For the purpose of this and succeeding sections, the following
words shall have the meanings respectively ascribed to them by this
section:
A structure that contains one or more units.
All waste generated by any residence/dwelling unit, industrial
business or manufacturing concern of any kind whatsoever and all bulky
waste as defined in N.J.A.C. 7:26-1.4, which shall include but not
be limited to the following: all items which exceed the size or weight
requirements herein, tree trunks or large limbs or stumps, auto bodies
or any part thereof, demolition or construction materials, appliances,
white goods, furniture, empty drums and other nontoxic bulky items.
A bundle shall be tied when placed for collection.
A container authorized by the Township and designed to be
mechanically emptied by an automated collection vehicle.
All designated commercial retail, wholesale, institutional,
markets and manufacturing facilities including, but not limited to:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
A property that contains more than one building with or without
multiple units.
A roll-off, dumpster, cart, can, or bag designed to receive
and accept solid waste or recyclable materials and prevent spillage
or leakage of their contents.
The area adjoining the curbline of the streets.
Those materials designated within the Gloucester County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. The following materials shall be designated recyclables
from the commercial, municipal, and residential sectors: ozone-depleting
compound appliances, metal, glass, cans, plastic, paper, vegetative,
wood, batteries, oil, used oil filters, tires, masonry, and asphalt
roofing shingles.
Original or clear copies of receipts or letters in the form
of certified weight receipts or a signed business form letter that
shall include the name of the recycling market, the hauler, and the
generator and shall show the dates and quantity/weight of each recycled
material. It is recommended that a summary sheet be provided for each
recycled material. These receipts or letters shall be acceptable from
recycling market(s) or solid waste facility or hauler(s) or a letter
from the construction or demolition permit applicant stating the material(s)
were processed with the municipal collection program or a letter from
the construction or demolition permit applicant stating that no receipts
were provided to them from the identified market(s) and/or hauler(s)
or a letter from the construction or demolition permit applicant stating
that no material was generated.
Placement of any form of solid waste or recyclables not placed
in a public receptacle or in authorized private receptacles for collection,
upon any street, sidewalk, or public or private property.
A container designed to be mechanically emptied. These dumpsters
must have lids.
A structure, or an entirely self-contained portion thereof,
which is designed for and occupied principally as a place of residence
for one housekeeping unit. A dwelling unit must be suitable for year-round
occupancy, must have a valid certificate of occupancy, or equivalent
authorizing document, and must contain facilities for cooking, sleeping,
bathing and human sanitation which are for the exclusive use of the
occupants of the dwelling. For temporary housing used solely for farming
purposes, the owner of the subject farm may request special consideration
by the governing body for issuance of garbage and recycling containers
specific to such housing. Temporary dwelling units must be in compliance
with all applicable, local, state and federal regulations and have
a certificate of occupancy, or equivalent authorizing documentation.
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.
A place where people live or conduct business.
All refuse, entrails and waste of animals and fish and all
vegetable matter which has been or was intended to be used as food,
including all packaging material which is not recyclable; all clam,
oyster, crab and lobster shells; and all other materials so specified
by the State of New Jersey.
Including, but not limited to, paints, paint thinners/cleaners,
insecticides, pesticides and any other items so designated by the
federal or state environmental protection agencies as to require special
handling.
A product too large to fit into a container or plastic bag.
A facility designed exclusively to accept solid waste, designed
and permitted to meet all federal and New Jersey Environmental Protection
Agency rules and standards.
Placement of any form of solid waste or recyclables not placed
in a public receptacle or in authorized private receptacles for collection,
upon any street, sidewalk, or public or private property.
Placement of any form of medical or biohazardous waste not
placed in a receptacle or in authorized private receptacles for collection
pursuant to N.J.A.C. 7:26-3 et seq.
A container made of metal or plastic.
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.).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this chapter, and any rules and regulations which may
be promulgated hereunder.
All designated government buildings, parks, public events,
public school facilities, fire and ambulance facilities.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of Elk Township.
A bag designed to hold solid waste or recyclable materials.
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.
FERROUS AND NONFERROUS METALExamples of which are washers, dryers, dishwashers, ovens, hot water tanks, hot and cold water tanks, gas/oil/electric heaters, gas tanks, bicycles, metal shelves, storage cabinets, auto parts, metal lawn equipment or other large appliances commonly referred to as a "white goods."
OZONE-DEPLETING COMPOUNDS (FREON)Items containing chlorofluorocarbon (CFC) and other ozone-depleting compounds (ODC). Examples of which are air conditioners, refrigerators, and freezers.
CANSAluminum, steel, tin and bimetal containers and foil.
GLASSAll bottles, jars and jugs made from silica or sand, soda ash and limestone, and used for packaging or bottling or the holding of various matter. Clear, green, brown and other colors are included. This shall not include ceramics, window glass, light bulbs, cooking ware, or mirrors.
PLASTICAll bottles, jugs, and jars commonly marked or known as PET (1) and HDPE(2). This shall not include tubs or other items not considered a bottle, jug or jar.
PAPERAll uncontaminated corrugated boxes and panels, paperboard boxes, newspaper, brochures and inserts, magazines, books, including phone books, greeting cards, regular and junk mail, chipboard, computer paper, office paper, file folders, copy paper, school paper, etc. This shall not include paper that is contaminated so as to the health concern or problem.
BATTERIESWet cell automotive, motorcycle and boat batteries, commonly found in six-, twelve- and twenty-four-volt charges.
OILPetroleum-based motor and transmission oil.
OIL FILTERSMotor and transmission filters made in a metal container.
TIRESPassenger and truck tires and tubes.
VEGETATIVELeaves, trees, branches, shrubs, stumps, bushes, hedge trimmings, weeds, and grass.
WOODLumber, pallets, and wood that is not painted, chemically treated, creosoted, CCA pressure treated.
MASONRYAll products generally used in construction including, but not limited to, bricks, cinder block, asphalt, concrete, rock and stone.
ROOFINGAll asphalt-based roof shingles, tar paper, built-up roofing, stone, slag, asphalt saturated insulation and slate.
FOODThis shall include, but not be limited to, dairy, vegetable, meat, breads, grease, and fat.
All designated single-family buildings and multifamily buildings
of four units or less.
A container that is designed to be removable from a vehicle
or chassis.
Consisting of solid waste Types 10, 13, 13C, 23, 25, 27 and
27A as defined by New Jersey Department of Environmental Protection,
N.J.A.C. 7:26-2.13.
A facility designed exclusively to accept solid waste for
incineration and designed and permitted to meet all federal and New
Jersey Environmental Protection Agency rules and standards.
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 which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
All public highways, avenues, streets, lanes, boulevards,
circles, terraces, and public places, whether dedicated or not, within
the limits of the Township of Elk.
A single commercial, municipal or residential sector establishment.
The following materials shall be designated recyclables from
the commercial, municipal, and residential sectors: ozone-depleting
compound appliances, metal, glass, cans, plastic, paper, vegetative,
wood, batteries, oil, used oil filters, tires, masonry, and asphalt
roofing shingles.
A.
Receptacle requirements. It shall be the duty of every owner, lessee
or occupant of every unit or building within the corporate limits
of the Township of Elk to provide or cause to be provided and to keep
on the premises at all times suitable metallic or plastic or regulation
paper trash bags with twist ties, designed for trash and garbage combined
disposal, watertight, closely covered receptacles for receiving and
holding only the garbage, recyclable materials and other animal and
vegetable refuse that may accumulate or be collected in the premises.
B.
Automated trash and recycle collection. One ninety-five-gallon container
(also referred to herein as "containers" or "carts") will be assigned
by serial number recorded by the Township of Elk Public Works Department
to each residential taxable property and will remain the property
of the Township of Elk.
(1)
If the occupant or owner of the property moves, the container assigned
to that property must be left behind for the new occupant.
(2)
Containers needing repair. Occupants and owners shall notify the
Township of Elk Clerk or CFO. At the sole discretion of the Clerk
or CFO, or his/her designee, containers deemed to be damaged beyond
repair and/or function may be replaced, provided that the occupant
pays for the replacement container in the sum of $75 for each container.
Containers shall not be replaced for cleanliness or appearance issues.
(3)
All containers belong to the Township of Elk and not the lessee.
(4)
Occupants and owners may mark their addresses on the lids of the
containers at a maximum font of three inches in height.
(5)
No person shall place, keep and/or store a trash or recycle container
or cart in the front area of the principal dwelling or building. All
trash and recycle containers and carts shall be placed, kept and/or
stored on the side or rear portion of the principal dwelling or building.
(6)
Automated trash containers shall be placed out with metal lift bar
facing the center of the street and with at least three feet of clearance
on either side so that the mechanical arm can easily lift the container
without interference. All containers must be placed in such a fashion
as to allow for unencumbered access by the refuse and recyclable collection
equipment. The Township is under no obligation to empty any container
which, under the sole discretion of the Director of Public Works and/or
his/her designee(s), is deemed to be inappropriately placed or encumbered.
(7)
The owner or occupant is permitted to lease one additional ninety-five-gallon
container for the sum of $75. The additional container assigned to
that property must be returned to the Township if the occupant or
owner of the property moves.
[Added 5-18-2021 by Ord.
No. O-6-2021]
C.
Container storage.
(1)
All waste disposal containers must be stored in a protected area
or enclosure so as not to allow debris to blow onto the streets or
adjacent properties. No enclosure shall be erected in a public right-of-way
or easement.
(2)
All solid waste shall be placed in waste disposal containers (trash
cans, bags, dumpsters, etc.) and secured so as to prevent easy access
to vermin, pests and household pets.
(3)
No waste disposal containers shall be filled to the point of overflowing.
(4)
Debris or litter on or around trash containers or around construction
or demolition projects shall not be accumulated or stored in such
a manner that it is likely to be removed by natural forces onto adjacent
property.
(5)
Hazardous waste shall be disposed of separately according to federal
(40 CFR 261) or New Jersey Department of Environmental Protection
(N.J.A.C. 7:26-7) disposal regulations.
(6)
Medical/biohazard waste shall be disposed of separately according
to federal (40 CFR 261) or New Jersey Department of Environmental
Protection (N.J.A.C. 7:26-7) disposal regulations.
A.
Scope.
(1)
The following regulations shall govern the storage, placement and
collection of recyclables, garbage and refuse, exclusive of those
items regulated under this chapter, produced or otherwise created
within the Township of Elk. For residential and commercial sectors
existing on the date of adoption of this chapter, refuse, garbage
and recyclables collection will be furnished by the Township of Elk
within the Township on a once-a-week basis unless otherwise specifically
provided. All eligible properties within the Township of Elk shall
make use of the system of refuse and garbage storage placement and
collection in accordance with these regulations.
(2)
Municipal collection. The collection, removal and disposal of all
designated materials shall be supervised by the Coordinator of Recycling
and such other party as may be designated by the Township Committee.
All designated solid waste and recyclable materials shall be placed
at the curbline for municipal collection no earlier than 5:00 p.m.
of the day immediately preceding the specified day, and no later than
5:00 a.m. on the day of collection. Materials placed for collection
may not block public ways or access. All carts shall be removed by
9:00 a.m. on the day immediately following the collection day. Elk
Township parks and sidewalk receptacles shall be collected and maintained
by the Elk Township Public Works Department or such other party as
may be designated for municipal collection.
(3)
For all other property owners and/or residential and commercial sectors
constructed or developed after the adoption of this chapter, recyclables
and trash shall be collected, transported and disposed of by said
businesses or entities, property owners and tenants at their own expense.
It is the responsibility of every property owner, tenant and/or lessee
within the Township limits to properly segregate refuse and recyclable
materials.
(4)
Nonmunicipal collection. The owner, occupant or lessee shall arrange
for separate collection, transportation or disposal, at their expense,
of all collected solid waste and/or recyclables. All solid waste shall
be removed from special events within 24 hours of their completion.
All materials shall be placed in a loading/storage area.
(5)
Nonmunicipal collection: commercial sector. Containers or items that
do not have a Township tag or are exceeding the container limits or
from construction and demolition projects shall be the responsibility
of the owner, occupant, or lessee to arrange for separate collection,
transportation, and proper disposal of collected solid waste. Tenants
or lessees of commercial buildings may be exempt from collection,
transportation and disposal requirements set forth above if their
lease designates the owner of the building responsible for this service.
The owner of any property shall be responsible for compliance
with this chapter. 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 chapter.
B.
The arrangement for collection of solid waste and designated recyclables
hereunder shall be the responsibility and cost 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 outdoors 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.
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 Municipality of Elk
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)
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 Municipality
of Elk, 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 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.
D.
Refuse acceptable for collection.
(1)
All garbage and refuse, except of those items excluded by this chapter,
shall be acceptable for collection, provided that the storage and
placement of said garbage and refuse is in authorized containers and
in compliance with the applicable provisions of this chapter. In no
event shall the collection of refuse and garbage be by dumpsters or
containers not provided by the Township, unless otherwise specifically
provided.
(2)
Bulk collection.
(a)
On the designated bulk day(s) of every month, as determined
by the Clerk or Director of Public Works and/or his/her designee,
up to two trash containers of residential household-generated construction
debris will be collected from residential properties only if placed
in individual containers weighing not more than 40 pounds per container.
Carpeting shall be cut, rolled and tied into lengths not exceeding
four feet and not weighing more than 40 pounds each. There shall be
a limit of eight rolls of carpet per pickup. No carpeting or construction
debris shall be collected if the work was done by a contractor and/or
subcontractor. The obligation of the Township to collect any such
material is at the sole discretion of the Clerk or Director of Public
Works and/or his designee. Any residential construction debris, i.e.,
lumber, drywall, flooring materials, and the like, shall be no longer
or wider than four-foot sections. All screws and/or nails, where applicable,
shall be removed or banged down such that no sharp or penetrating
object protrudes beyond the surface of the material which may cause
personal injury. Residential construction debris shall be securely
tied and bundled and not weigh in excess of 40 pounds per bundle.
(b)
Residents must call and have their name and address added to
the "bulk" list in order for their household self-generated construction
debris to be collected. Residents found not to have construction permits,
if required, for said work will not have their construction debris
picked up and will be turned over to the Construction Department for
review.
(3)
Home medical waste.
(a)
All property owners shall dispose of any legally prescribed
medical and/or biohazard waste (i.e., syringes, medical needles, etc.)
in containers (i.e., metal or hard plastic) for disposal in the municipal
trash collection in the manner required by the New Jersey Department
of Environmental Protection, N.J.A.C. 7:26-3 et seq.
(b)
Any prescribed home medical waste materials not properly discarded
in the municipal trash collection system shall be returned to the
property owner.
E.
Refuse not acceptable for collection. The following refuse shall
not be acceptable for collection by the Township of Elk:
(1)
Dangerous substances such as poisons, acids, caustics, noxious chemicals,
infected materials, explosives and ammunition, or any materials likely
to cause injury to persons employed, or damage to equipment used,
in making collections.
(2)
Bulky and industrial wastes and hazardous wastes shall not be placed
in containers for collection but shall be disposed of by the owner
at the expense of the owner or possessor thereof, with the exception
of bulky waste from residential units generated within the Township
of Elk by such dwelling to the extent allowed by guidance documents,
rules and regulations promulgated by the Township under this chapter.
(3)
Any materials resulting from the demolition, repair, excavation,
construction, renovation and/or similar activities performed upon
garages, building or structures, including but not limited to such
materials as earth, plaster, mortar, asphalt and/or asbestos shingles,
carpeting, lumber, roofing materials and the like, if the work was
performed by a contractor or subcontractor for or on behalf of the
property owner, tenant, and/or person or entity entitled to legal
possession thereof.
(4)
Disposal of bulky waste items, including but not limited to automobiles,
vehicles, parts of vehicles, sod, large tree limbs, tree stumps, and
tree trunks, shall be disposed of by the owner at the expense of the
owner or possessor thereof.
(5)
Vegetation or tree branches.
(6)
Heavy refuse or solid waste exceeding 40 pounds in gross weight.
(7)
Materials which cannot be disposed of in strict accordance with the
standards and regulations prescribed by the Department of Health and
Senior Services of the State of New Jersey, the Department of Public
Utilities of the State of New Jersey and any other governmental agency
or department having jurisdiction, for the disposal of waste materials
by sanitary landfill methods.
(8)
Commingling refuse between proprieties. It shall be illegal to place
any materials, which may be defined in this chapter, in front of or
combined with any other property owner's or tenant's trash, debris,
recyclables, and/or garbage, except multiple-family housing which
results in the common area placement of trash, and all such materials
may be commingled so long as the garbage, trash and refuse may be
separately identified for purposes of picking up and segregation from
other recyclables.
F.
County landfill/incinerator. Nothing in this chapter shall prohibit
anyone from transporting and/or disposing of garbage, trash, refuse,
etc., at the county-owned/operated landfill and/or incinerator. All
expenses incurred shall be paid by said party, and the Township shall
not be responsible for any costs of any party.
G.
Inspection. All garbage and refuse placed at the curbline for collection
shall be subject to random inspection by the Township of Elk to ensure
compliance with the provisions of this chapter.
H.
It shall be unlawful for any person or persons, other than the person
or persons designated by and/or bound under this contract to the Township
of Elk, to gather and remove any garbage or other animal and vegetable
refuse within the corporate limits of the Township of Elk; except,
however, that the private collection of garbage and other animal and
vegetable matter may be collected by persons other than such parties
with whom the Township of Elk makes contract, provided that such private
collector of said garbage and other animal and vegetable matter shall
receive a special permit thereof from the Board of Health of the Township
of Elk, which permit shall be issued only to such person who will
remove said garbage at such time, in such a manner and with such equipment
as provided for in this chapter and by the ordinances of the Board
of Health of the Township of Elk.
I.
No person engaged in the collection of recyclables, garbage and other
animal and vegetable refuse, as aforesaid, shall obtain the same except
by means of the sidewalk, paths and other means of access. No person
shall trespass upon the lawn or damage any property of the owner or
occupant of any house, residence or building in the Township of Elk.
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 of Elk, 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 hereinafter established by regulations promulgated by the Township
of Elk.
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 chapter 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: 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 service 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.
C.
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 chapter.
D.
It shall be unlawful for solid waste collectors to collect solid
waste that 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 and/or recyclables which visibly
display a warning notice, indicating that the load of solid waste
contains designated recyclable materials and therefore should not
be removed for disposal.
E.
It shall be the responsibility of any person, firm, corporation, or partnership whose solid waste is not removed because it contains recyclable materials to properly segregate the uncollected waste for proper recycling. Allowing such nonseparated refuse to accumulate shall be considered a violation of this chapter and Chapter 107 of the Code of the Township of Elk.
F.
No person shall sweep into or deposit in any gutter, street, catch
basin or other public place any accumulation of grass clippings, leaves,
or other material from any public or private sidewalk or driveway.
G.
No person shall burn trash without a permit issued by the New Jersey
Department of Environmental Protection.
H.
No person shall place or deposit household or commercial solid waste
or recyclable material in sidewalk receptacles or in unauthorized
private or municipal containers.
A.
Any resident or commercial establishment may donate or sell any recyclable
materials to any person, partnership, corporation or charity whether
operating for profit or not for profit. However, this source must
be listed on the recycling report for businesses.
B.
Said person, partnership, corporation, or charity may not, however,
under any circumstances pick up any recyclable materials set out for
collection in the Township of Elk.
A.
All documentation shall be included with the recycling report. All
commercial establishments, cleaning firms or such private hauler responsible
for removal of recyclable materials must file completed recycling
reports with the Coordinator of Recycling. Reports shall be submitted
to the Township's Coordinator of Recycling as per the following schedule:
|
Report Period
|
Due Date
|
|---|---|
|
January 1 to June 30
|
July 31
|
|
July 1 to December 31
|
January 31
|
B.
All construction, demolition and street opening projects shall be
required to complete a tracking form and submit it along with a request
for a permit. The person who signs the tracking form regarding the
project shall be responsible for filing solid waste and recycling
documentation when the project is complete or at the end of the calendar
year, whichever is first.
C.
All documentation of recycled materials and solid waste from special
events shall be submitted to the Clerk or Township Coordinator of
Recycling no later than within 24 hours of their completion.
D.
Amount. A product disposed/sold by weight, count, gallonage, or yardage.
E.
Hazardous wastes. Documentation for recycled hazardous waste(s) (example:
oil, solvents) must include a copy of the hazardous waste hauler's
receipt, clearly showing the New Jersey Department of Environmental
Protection hazardous waste hauler permit number.
A.
From the time of placement at the curb or in a loading/storage area
described herein for the collection by the Township of Elk, in accordance
with the terms hereof, items shall be and become the property of the
Township of Elk or its authorized agent.
B.
It shall be a violation of this chapter for any person, firm, charity,
corporation, partnership, or employee to collect, pick up or cause
to be collected or picked up any recyclable items placed for collection
by the Township or its authorized agent.
C.
Any and each collection in violation hereof from one or more properties
shall constitute a separate and distinct offense.
A.
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 chapter.
B.
It shall be unlawful for solid waste collectors to collect solid
waste that 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 and/or recyclables which visibly
display a warning notice, indicating that the load of solid waste
contains designated recyclable materials and therefore should not
be removed for disposal.
C.
It shall be the responsibility of any person, firm, corporation,
or partnership whose solid waste is not removed because it contains
recyclable materials to properly segregate the uncollected waste for
proper recycling. Allowing such nonseparated refuse to accumulate
shall be considered a violation of this chapter.
D.
No person shall sweep into or deposit in any gutter, street, catch
basin or other public place any accumulation of grass clippings, leaves,
or other material from any public or private sidewalk or driveway.
E.
No person shall burn trash without a permit issued by the New Jersey
Department of Environmental Protection.
F.
No person shall place or deposit household or commercial solid waste
or recyclable material in sidewalk receptacles or in unauthorized
private or municipal containers.
A.
Private receptacle. Any privately owned/leased receptacle used by
any person other than the owner/lessor without the express permission
of the owner/lessor.
B.
Public receptacle. Any publicly owned/leased receptacle used by any
person other than the owner/lessor without the express permission
of the owner/lessor.
No person, firm, charity, corporation, partnership, or employee
shall collect, pick up, or cause to be collected or picked up any
recyclable item placed at the curbline for collection by the Township,
or its authorized agent.
It shall be the responsibility of the Coordinator of Recycling
and/or the Elk Township Police Department and/or the Director of Public
Works and/or the Health Department and their designated agents to
inspect and enforce all provisions of this chapter by issuing warnings
and citations.
A.
Any person who is convicted of violating any provision of this chapter
shall be subject to a minimum fine of $100, but not exceeding $10,000;
and such person shall be deemed guilty of a separate violation thereof
for each and every day during which such violation shall continue
after notice is given as provided for in this chapter.
B.
Any person who is convicted of violating any provision of this chapter
within one year of the date of a previous violation of the same ordinance
and who was fined for the previous violation shall be sentenced by
a court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of this chapter, but shall be calculated separately from
the fine imposed for the violation of this chapter.
