[HISTORY: Adopted by the Township of Howell by Ord. No. O-86-37, as amended through Ord. No. O-94-2 (§ 21-2 of the 1974 Code); amended in its entirety 12-15-2009 by Ord. No. O-09-61. Subsequent amendments noted where applicable.]
A. 
It shall be mandatory for all persons, except those physically disabled, who are owners, lessees and occupants of residential property to separate out from the solid waste produced thereby, for collection and recycling purposes.
B. 
It shall be mandatory for all owners, lessees and occupants of business and, industrial property and of private, public and governmental institutions and buildings to separate out from the solid waste stream produced thereby, for collection and recycling purposes.
C. 
As of October 1, 1988, no one shall be permitted to place any construction, demolition, or land clearing debris, which includes asphalt, concrete and wood waste, with other solid waste for landfill disposal.
D. 
On and after the adoption of this chapter, and in accordance with existing state regulations (N.J.A.C. 14A:3-11), all service stations, oil retailers and motor vehicle reinspection stations with used oil holding tanks shall accept up to five gallons at a time of used motor oil from individuals changing oil from cars, lawn mowers or motorcycles and shall post a sign informing the public that they are a used oil collection site.
E. 
Individuals or entities wishing to place leaves or branches for recycling pickup may do so only by placing said items for pickup prior to 14 days before the scheduled pickup dates. Those placing said items for recycling pickup more than 14 days from scheduled pickup shall be subject to the fines established in this chapter.
F. 
Electronic waste: intentionally left blank.
G. 
The Township Council may make provision, either by contract or through its own employees or otherwise, as circumstances may require, for the collection and disposal of commercial and residential solid waste and recyclables; and it may also determine from time to time the extent and frequency of collections and make suitable rules and regulations with respect to the same.
H. 
The Township Council may from time to time determine what material may be placed for collection as commercial and/or residential solid waste and as recyclables and may change the designations of each as conditions require in accordance with the Monmouth County Solid Waste Management Plan.
A. 
As used in this chapter, the following terms shall have the following meanings:
COMMINGLED RECYCLABLES
Glass bottles and jars, aluminum cans, bimetal cans, tin cans and plastic bottles.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
COUNTY
Monmouth County, State of New Jersey.
COUNTY DISTRICT SOLID WASTE MANAGEMENT PLAN
The inventory of existing solid waste management practices and facilities representing Monmouth County's policy for pursuing new and alternative recycling and disposal approaches and providing for regulation enforcement of county and state rules relating to waste management.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Monmouth County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
(1) 
ALUMINUM CANSCans made from aluminum that was manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.
(2) 
GLASS BOTTLES AND JARSBottles 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 wide-mouthed 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.
(3) 
PLASTIC BOTTLES (CODED 1 AND 2)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). See symbols below. 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 below is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc., should not be recycled.
(4) 
STEEL (TIN) CANSAn air-tight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
(5) 
NEWSPAPERA 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.
(6) 
CORRUGATED CARDBOARDShipping containers made with kraft paper linerboard and corrugated medium.
(7) 
MIXED PAPERVarious 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.
(8) 
LEAVESVegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.
(9) 
GRASS CLIPPINGSVegetative material generated when grass (lawns) is cut.
(10) 
BRUSHBranches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
(11) 
NATURAL WOOD WASTELogs, stumps, branches and other wood tree parts over three inches in diameter.
(12) 
OIL-CONTAMINATED SOILNonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, #4 and #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.
(13) 
USED MOTOR OILMotor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
(14) 
LEAD-ACID BATTERIESStorage 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.
(15) 
HAZARDOUS DRY-CELL BATTERIESRechargeable 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 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.
(16) 
METAL APPLIANCESAppliances 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.
(17) 
WHOLE TIRESTires that are whole, not chipped into small pieces. Tires are allowed to be recycled and/or incinerated for energy recovery.
ELECTRONIC WASTE
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. Pursuant to the New Jersey Electronic Waste Management Act, no computers, monitors or televisions may be disposed as solid waste on or after January 1, 2011.
GLASS
Includes all products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matters, excluding, however, blue or flat glass commonly known as "window glass."
MEDICAL FACILITY
Offices of physicians and dentists, veterinary clinics, medical testing laboratories, hospitals, health-care facilities and other establishments which generate medical waste.
MEDICAL WASTE
All solid waste generated by a medical facility, including but not limited to tongue depressors, cotton swabs, medical gloves, surgical gowns, table paper, bandages and gauze, needles and syringes, pathological wastes, liquids, throat cultures and similar waste material. This term shall not include office waste, food waste and other solid waste which is unrelated to any medical use.
MEDICAL WASTE, INFECTIOUS
All medical waste which consists of needles and syringes, pathological wastes, all liquids in excess of 20 cubic centimeters, throat cultures and similar waste.
MEDICAL WASTE, NONINFECTIOUS
All medical waste which does not constitute infectious medical waste.
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 guesthouses serving transient or seasonal guests as those terms are defined under Subsection (i) of § 3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body to fulfill the requirements of the Monmouth County Solid Waste Management Plan and the New Jersey Statewide Mandatory Source Separation and Recycling Act and those rules and regulations promulgated therefor.
MUNICIPAL RECYCLING ENFORCEMENT COORDINATOR
The person or persons named by the municipality who shall fulfill the responsibilities with respect to recycling enforcement coordination detailed in the February 2009 Monmouth County Solid Waste Management Plan. This person may be the same person designated as the Municipal Recycling Coordinator.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of the Township of Howell which is not bulky waste or construction and demolition debris.
PACKAGING
All food-related packaging, including but not limited to wrappings, containers, boxes, cups, plates, trays or utensils.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of the state subject to municipal jurisdiction.
POLYSTYRENE FOAM
That family of plastic products defined by their chemical composition as polystyrene foam (including without limitation those commonly known as "Styrofoam") which:
(1) 
Use chlorofluorocarbons in their manufacture;
(2) 
Are not biodegradable within a reasonable time; or
(3) 
Release dioxin during their disposal through any method, including but not limited to incineration.
READY-FOR-SALE CONDITION
That condition where the polystyrene foam packaging or product in polystyrene foam packaging is ready to be sold, conveyed, or provided by the retail establishment for use by the ultimate consumer with no additional action by the retail establishment. "Additional action" shall mean, but not be limited to, the removal or addition of packaging or any item from or to that food product.
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.
RETAIL ESTABLISHMENT
All facilities, both public and private, profit and not-for-profit, located within the Township of Howell which sell, convey, give, or provide packaging or which sell, convey, give or provide any product in packaging, individually or in bulk, for use by the ultimate consumer. "Retail establishment" shall include but not be limited to any fixed or mobile restaurant; drive-in food shop; coffee shop; cafeteria; short-order cafe; delicatessen; luncheonette; grill; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; take-out prepared food shop; industrial feeding establishment; catering kitchen; commissary; grocery store; public market; food stand; convenience store; retail store; or similar facility. It shall not include residences located within a residential zone as delineated on the Zoning Map of the Township of Howell.[1]
SOLID WASTE
All garbage and rubbish normally produced by the occupants of commercial, industrial and residential property and disposed of by private or public pickup.
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.
WHITE GOODS
All large metal appliances.
YARD WASTE
Leaves and grass clippings as defined herein.
[1]
Editor's Note: The Zoning Map is included at the end of Ch. 188, Land Use.
B. 
All other definitions and regulations for the collection, transportation and disposal of residential and commercial solid waste and recyclables are set forth in the current contracts for curbside collection and disposal of solid waste and curbside collection and disposal of recyclables executed by the Township with private corporations. These contracts are on file in the office of the Township Clerk and may be examined upon request.
A. 
Appointment. The Recycling Coordinator shall be appointed by the Mayor and Township Council, upon the recommendation of the Township Manager, and shall be compensated as set forth in the Salary Ordinance.[1] The Recycling Coordinator must be a certified recycling professional.
[1]
Editor's Note: The Salary Ordinance is on file in the Township offices.
B. 
Duties.
(1) 
The Recycling Coordinator of the Township of Howell, subject to the approval of the Township Council, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, sorting, transportation, sale and/or marketing of said recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Township of Howell.
(2) 
The Recycling Coordinator shall compile all recycling documentation and shall file reports to the County of Monmouth and State of New Jersey as required and prescribed by laws or rules and regulations passed pursuant thereto.
(3) 
The Recycling Coordinator shall from time to time make recommendations to the Township Council for changes in the recycling program which will enhance its effectiveness and/or bring it into compliance with changes in the law.
(4) 
The Recycling Coordinator shall prepare and distribute public information to residential, commercial, educational and nonprofit organizations and houses of worship in the Township of Howell and other entities as enumerated in the Monmouth County Solid Waste Management Plan, which will promote and/or facilitate recycling and to summarize the recycling program and the general regulations of this chapter.
A. 
The Township Council may use municipal personnel to collect recyclable material set forth herein at curbside and/or from a dropoff center and shall sell said recyclable material if a market exists therefor pursuant to N.J.S.A. 40A:11-1 et seq.
B. 
The Township Council may elect to enter into agreements with qualified persons or corporations authorizing them to collect said recyclable material at curbside or from a dropoff center and to sell said recyclable material, provided that the amount of money realized exceeds the cost of collection.
(1) 
Residents, businesses and institutions within the Township may only use those recycling handlers and/or facilities registered with Monmouth County.
(2) 
Businesses, institutions and multifamily housing complexes not served by municipal recycling collection programs shall provide the Township Recycling Coordinator with the name and address of the company providing solid waste and recycling collection services.
(3) 
Businesses or institutions hauling their own recyclables shall provide the Township Recycling Coordinator with quarterly reports on the quantity and destination of all recyclables.
A. 
All designated recyclable material and bulk pickup items shall be the property of the Township of Howell or the contracted collector once placed on the curbside, or placed in the recycling container or brought to a dropoff center.
B. 
It shall be a violation of this chapter for any person unauthorized by the Township Council to pick up or cause to be picked up said recyclable material and bulk pickup items and any such violation is subject to the enforcement provisions and penalties as provided in this chapter.
Anything herein to the contrary notwithstanding, any person, partnership or corporation who or which is the owner, lessee or occupant of a residential or nonresidential property may donate or sell said recyclable material as defined herein to any person, partnership or corporation, whether or not operating for profit. Said person, partnership or corporation, however, shall not pick up said recyclable materials at curbside or at a municipal dropoff center.
A. 
On and after the effective date of this section[1] any retail establishment within the Township of Howell that sells, conveys, gives, or provides polystyrene foam packaging or sells, conveys, gives or provides any product in polystyrene foam packaging shall provide, to the satisfaction of the Township Conservation Commission, proof of a recycling program which recycles a minimum of 60% of all polystyrene foam packaging used, sold or generated by such retail establishment.
[1]
Editor's Note: This section was adopted 2-13-1990 by Ord. No. O-90-5 and took effect 90 days after enactment.
B. 
Retail establishments failing, refusing or otherwise not complying with the recycling requirements of this section to the satisfaction of the Township Environmental Commission shall be subject to the prohibitions set forth in § 238-8 of this chapter.
Within the Township of Howell, no retail establishment shall sell, convey, give or provide polystyrene foam packaging, or sell, convey, give, or provide any product in polystyrene foam packaging, individually or in bulk, to any ultimate consumer if such packaging is composed in any part of polystyrene foam.
Section 238-8 does not apply to the following:
A. 
Polystyrene foam packaging or any product in polystyrene foam packaging when sold, conveyed, given, or provided by hospitals, nursing homes or other health-care facilities for use on the premises of such hospital, nursing home or health-care facility.
B. 
Polystyrene foam packaging or any product in polystyrene foam packaging which is prepared by a manufacturer and is sold, conveyed, given or provided directly to a separate retail establishment by that manufacturer in a ready-for-sale condition.
C. 
Polystyrene foam packaging utilized by any grocery store, supermarket, or other establishment to sell, convey, give or provide uncooked, unprepared or raw meat, fish or poultry.
D. 
Any retail establishment that demonstrates, to the satisfaction of the Township Environmental Commission, that no economically viable alternative exists to the use of polystyrene foam packaging for a specific product.
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the 10 days prior to a scheduled and announced collection and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this chapter. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this chapter.
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 municipality of the Township of Howell, 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. 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 regulations promulgated by the Township of Howell.
B. 
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), 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 require 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.
A. 
Recyclables shall not be placed with solid waste for disposal.
B. 
Business manufacturing, using or selling products made of or packaged in any of the items mandated for recycling must provide suitable, labeled and accessible containers for recycling by employees and customers and arrange for its proper disposal.
C. 
All public and/or nonprofit or other institutions are required to provide suitable, labeled and accessible recycling containers for use by employees, students, visitors or otherwise, in all buildings and facilities and shall arrange for its proper disposal.
D. 
Any fair, convention or other special licensed and permitted event, whether indoors or outdoors and sponsored by private or public agencies, is required to provide appropriate and labeled containers for solid waste and recyclables reasonably expected to be generated and discarded and shall arrange for the disposal of same.
E. 
Any business providing for its own solid waste and/or recycling services is required to report such arrangement to the Municipal Recycling Coordinator and provide an annual report with tonnage records of the type, quantity and destination of the recyclables and solid waste handled.
F. 
For purposes of monitoring, enforcement and reporting requirements, the entity responsible (i.e., management company, homeowners' association, individual tenant, building owner, landlord, etc.) for providing adequate recycling containers, education, reports or other arrangements to ensure compliance with the mandatory recycling provisions shall be the same entity responsible for trash removal and disposal arrangements.
G. 
The private company or public agency providing dumpsters, roll-off or other containers to businesses, institutions or construction/demolition job sites for pickup by the collector-hauler shall be responsible for clearly marking such containers as "trash" or for specific "recyclables" as may be appropriate.
H. 
Any solid waste transfer station without adequate recycling provisions shall reject any incoming waste with more than de minimis quantities of mandated recyclables.
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 nonresidential generators, including commercial, industrial and institutional establishments, of solid waste shall be required to comply with the provisions of this chapter.
B. 
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or his or her designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoor litter receptacles and disposal service 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 nonresidential facilities shall report on an annual basis to the Municipal Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
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 Township of Howell 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 Township of Howell, 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.
The Township Recycling Coordinator shall, no later than November 30 of each year, send a certified copy of its source separation and recycling ordinance to the County Recycling Coordinator for review and comment for county planning enforcement staff.
Definitions. As used in §§ 238-18 through 238-24, the following terms shall have the meanings indicated:
COVERED PROJECT
A construction, renovation, or demolition project for which a building permit or a demolition permit is required, and for which a dumpster or roll-off container shall be placed on premises for the purpose of placement of solid waste materials.
A debris recovery plan shall be filed with the Municipal Recycling Coordinator prior to the commencement of any activity for which municipal approval was received as further identified above. The debris recovery plan shall identify the types and estimated quantities of construction and demolition debris to be generated from the project, how each material will be managed, and the name of each facility or service provider that the entity will use to manage each material. The plan shall further detail how the applicant shall ensure that a minimum of 50% of the materials to be generated will be separated and recycled.
A. 
Approval. A debris recovery plan shall be reviewed by the Municipal Recycling Coordinator, and approved if it provides for all of the information required by this chapter. An approved debris recovery plan shall be marked "approved" and returned to the owner of the entity which submitted the plan.
B. 
Denial. A debris recovery plan shall not be approved if it does not provide all of the information required by this chapter. If a debris recovery plan is not approved, the owner of the entity that submitted the plan shall be notified in writing that the plan has been rejected, including the reasons for the rejection. In order to obtain the building or demolition permit sought, the owner of the entity that will carry out the construction, renovation, or demolition project shall make the required changes and resubmit the debris recovery plan to the Municipal Recycling Coordinator.
A. 
Application. If the owner of an entity carrying out a covered project experiences circumstances that makes it infeasible to comply with the diversion requirement cited in this chapter, the owner of the entity may apply for an adjustment. The owner shall indicate in writing why it is infeasible to divert 50% of the materials being generated from the covered project and specify what percentage of diversion could be achieved. Increased costs to the owner of the entity carrying out the covered project will not be an acceptable justification for an adjustment.
B. 
Review. The Municipal Recycling Coordinator shall review the information supplied by the owner. If warranted, the Municipal Recycling Coordinator shall attempt to contact the owner to discuss possible ways of meeting the diversion requirement.
C. 
Granting of an adjustment. If the Municipal Recycling Coordinator determines that it is infeasible for the entity carrying out a covered project to divert 50% of the generated C&D debris from the covered project, the percent of diversion required shall be adjusted. The owner shall be notified in writing of the adjusted diversion requirement. The owner of the entity carrying out the covered project shall be required to divert the percent of C&D debris required by the adjustment.
D. 
Denial of adjustment. If the Municipal Recycling Coordinator determines that it is feasible for the owner of an entity carrying out a covered project to meet the diversion requirement cited in this chapter, the owner shall be notified in writing of the denial of the diversion requirement adjustment.
Documentation. Upon completion of the covered project, but before the final inspection, the owner of the entity carrying out a covered project shall submit in person or by certified mail to the Municipal Recycling Coordinator the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
A. 
A completed debris recovery report, signed by the owner of the entity carrying out a covered project, indicating the quantity of each material generated during the covered project diverted or disposed; and
B. 
Receipts from all facilities or service providers utilized to divert and dispose materials generated during the covered project; and
C. 
Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.
The Municipal Recycling Coordinator shall review the information submitted pursuant to this chapter and determine whether the owner of the entity carrying out the covered project has complied, or failed to comply, with the diversion requirement. The determination regarding compliance will be provided to the owner of the entity carrying out the covered project in writing.
An owner of the entity carrying out the covered project may appeal a determination of failure to comply under this chapter to the municipality within 30 days of the decision or determination. The appeal shall be in writing and shall state the facts and basis for the appeal. A decision by the department where the appeal is to be filed shall be final.
This chapter shall be enforced by any one or all of the following:
A. 
The Recycling Coordinator, the Monmouth County Health Department, the Monmouth County Solid Waste Enforcement Team, the Howell Township Code Enforcement Officer and any police officer with lawful jurisdiction in the Township of Howell.
B. 
Inspections and right of entry.
(1) 
In instances where it has been determined that there has been repeated noncompliance, or upon receipt of a complaint to those charged with enforcement of the within provisions, it shall be within the authority of those designated in § 238-25A to cause the gathering of evidence to pursue formal legal action.
(2) 
The enforcing agency or individual and/or his/her designee, upon presentation of identification, shall have the right to enter upon residential or commercial property located within the Township of Howell for the purpose of observation, inspection and monitoring, exercised as a necessary and reasonable method to determine code compliance. The right of entry upon residential and nonresidential property as described herein shall only extend to the exterior portions of the premises, or any common areas of a multifamily dwelling, where solid waste/recyclable staging or container areas are located.
(3) 
Pursuant to N.J.S.A. 13:1D79(d), the Health Officer or his/her designee(s) or any other designated official identified in § 238-25A herein shall have the right to enter any nonresidential building and/or property, or part thereof, for observing, inspecting or monitoring, exercised as a necessary and reasonable method to determine compliance with this solid waste management plan or any other applicable state/county/local solid waste statute, regulation, rule, ordinance or plan. The right to inspect, observe, and/or monitor includes, but is not limited to, the right to engage in the following activities at the nonresidential site:
(a) 
Sampling any materials on site.
(b) 
Photographing or videotaping any portion of the source separation areas, solid waste storage/container areas or waste management operation.
(c) 
Investigating an actual or suspected solid waste management plan violation.
(d) 
Ascertaining compliance or noncompliance with the plan or any other applicable state/county/local solid waste statute, regulation, rule, ordinance or plan.
(e) 
Reviewing and copying all applicable records which shall be made available during an inspection, upon request.
C. 
Nonlimiting provisions. Nothing herein contained shall be deemed to limit the designated officials or any of their agents from exercising any other right or power granted by the federal, state or county government to effectuate the purpose of this solid waste management plan or to protect the environment of the Township of Howell, nor shall anything contained herein be construed as relieving any generator of solid waste in Howell Township from complying with any other applicable statutes, regulating codes, district plans or ordinances.
D. 
Penalties.
(1) 
Any person violating any of the provisions of this chapter shall be liable to penalties established herein. Each day a particular violation continues shall constitute a separate violation.
(2) 
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine as follows:
(a) 
First offense: Fine of $25 to $100.
(b) 
Second offense: Fine of $50 to $200.
(c) 
Third offense: Fine of $200 to $1,500.
(d) 
Fourth or subsequent offenses may be assessed a penalty at the maximum allowable amount under New Jersey regulations.
(3) 
Fines levied and collected pursuant to the provisions of this chapter shall be immediately deposited into the Municipal Recycling Trust Fund. Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.
The Recycling Coordinator is hereby authorized to promulgate such reasonable regulations as necessary for the efficient operation of the solid waste and recycling collection programs, respectively, including but not limited to the manner, days and times of collection. Said regulations may also establish reasonable exceptions from the recycling requirements, such as for physically disabled or handicapped persons. Such regulations shall take effect only after adoption by resolution of the Township Council. Such regulations may be amended from time to time by the same procedure as deemed necessary and appropriate.