Township of Readington, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Readington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 152.
Property maintenance — See Ch. 176.
Garbage, rubbish and refuse — See Ch. 257.
Sanitation — See Ch. 265.
[Adopted 9-8-1992; amended in its entirety 6-21-2010 by Ord. No. 19-2010]

§ 200-1 Applicability.

The rules and regulations of this article are mandatory for all occupants of residential, commercial and institutional establishments located in the Township of Readington.

§ 200-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL ESTABLISHMENTS
All entities which operate or conduct any business whatsoever which cannot be included within the definitions of a residential premises or complex.
COUNTY
The implementing agency for the Hunterdon County Solid Waste Management Plan, the Hunterdon County Utilities Authority.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Hunterdon County District Solid Waste Management Plan to be source-separated for the purpose of recycling.
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this article, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Township of Readington.
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.
RESIDENTIAL DWELLING
Any building or structure or complex of buildings in which less than three dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a).
RESIDENTIAL DWELLING COMPLEX
Any building or structure or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a), including hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (j) of § 3 of the "Hotel and Multiple Dwelling Law, P.L. 1967," c. 76 (N.J.S.A. 55:13A-1 et seq.).
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.

§ 200-3 Municipal Recycling Coordinator.

A. 
In order to carry out the requirements of the New Jersey Mandatory Source-separation and Recycling Act ("Act") and the Hunterdon County Recycling Plan ("Plan"), the position of Municipal Recycling Coordinator is hereby established, who shall be responsible for compliance with said Act, Plan and applicable Township regulations.
B. 
The Municipal Recycling Coordinator will be annually appointed by the Township Committee and will serve a term of one year.
C. 
The Recycling Coordinator will report to the governing body and the Township Administrator at least once annually on the status of the Municipal Recycling Program, and shall from time to time advise and make recommendation as to how the requirements set forth in this article may be effectuated.
D. 
The Municipal Recycling Coordinator will attend all Municipal Recycling Coordinator meetings that the governing body deems to be important. This includes meetings that may be conducted by the state, the county or other appropriate organizations.
E. 
The Municipal Recycling Coordinator shall promote the municipal recycling program by educating citizens, businesses, institutions, and organizations of the need to participate in the municipal recycling program and shall explain to citizens, businesses, institutions and organizations the provisions of the mandatory recycling ordinance and assist in the enforcement thereof.

§ 200-4 Source-separation.

A. 
It shall be mandatory for all persons who are owners, tenants, or occupants of the residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the Township of Readington, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Township of Readington.
B. 
Unless the municipality provides otherwise for the collection of designated recyclable materials, every owner and/or occupant of residential or nonresidential premises must contract for the removal and disposition of recyclable materials as set forth in this article with a private contractor. Residential recycling contracts must comply with the provision of this section and must further provide for not less than monthly pick-up.
C. 
In the event that a municipal, county or state facility accepts mandatory recyclable material as set forth in this article, then the residential and/or nonresidential owner or occupant may utilize such facility, to the extent permitted by the owner or operator of such facility.

§ 200-5 Residential dwelling compliance requirement.

A. 
The occupant(s) and owner(s) of any residential property shall be responsible for compliance with this article. For multifamily units, the management or owner is responsible for setting up and maintaining a recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the occupant. In instances where the violator is not easily identifiable, violations and penalty notices will be directed to the owner/management. The owner/management shall issue notification and collection rules to occupants when they arrive and at least twice annually during their occupancy.
B. 
Failure of occupant(s) and/or owner(s) of any residential property to abide by the rules and regulations of this section may be fined not less than $50 nor more than $250 for each violation of noncompliance. Prior to taking enforcement action pursuant to this section, the Recycling Coordinator or other enforcement officer shall issue one warning to any occupant which is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.

§ 200-6 Residential dwelling complex compliance requirement.

A. 
The occupant(s) and owner(s) of any residential property shall be responsible for compliance with this article. Unless the municipality provides for the collection of designated recyclable materials, the owner of each residential complex is responsible for providing a recycling depot for the entire complex. The depot shall be equipped with owner- or contractor-supplied receptacles for each category of designated recyclable material.
B. 
An occupant within a residential complex who fails to comply with the requirements of this article may be fined not less than $50 nor more than $250 for each violation of noncompliance.
C. 
The owner/management shall issue notification and collection rules to new tenants when they arrive and at least twice annually during their occupancy.
D. 
Unless the municipality provides for the collection of designated recyclable materials, the owner of each residential complex shall report to the Municipal Recycling Coordinator, by February 15 of each year, the recycling activity of the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The County must also be copied on this information.
E. 
An owner (or his/her agent) who fails to abide by the rules and regulations of this section may be fined up to $250 for each violation of noncompliance. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to the owner who is in violation of this section. The warning shall include educational information regarding proper procedures for recycling including instruction as to how the owner can reasonably provide adequate recycling facilities to ensure compliance with this article.

§ 200-7 Nonresidential establishment compliance requirements.

A. 
Commercial, industrial and institutional establishments are defined as all entities which operate or conduct any business whatsoever which cannot be included within the definitions of a residential dwelling or complex.
B. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this article.
C. 
Unless the property owner or municipality provides for the collection of designated recyclable materials, arrangement for collection of designated recyclables shall be the responsibility of the commercial, institutional or industrial occupant. All commercial, institutional or industrial property owners who provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
D. 
Unless the property owner or municipality provides for the collection of designated recyclable materials, every occupant of a commercial, industrial or institutional facility or their designee (including solid waste and recycling transporters) shall cooperate in communicating recycling activity. Such communication shall include reporting to the Municipal Recycling Coordinator, by February 15 of each year, the occupants' recycling activity of the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The County must also be copied on this information.
E. 
If the property owner provides recycling collection services for the occupants of the property, the owner or his or her designee (including solid waste and recycling transporters) shall cooperate in communicating recycling activity. Such communication shall include reporting to the Municipal Recycling Coordinator, by February 15 of each year, the recycling activity on the property in the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The County must also be copied on this information.
F. 
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed for inspection by any Code Enforcement Officer.
G. 
A commercial, industrial or institutional occupant or owner who fails to abide by the rules and regulations of this section may be fined not less than $50 nor more than $250 for each violation of noncompliance. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to any commercial, industrial or institutional establishment which is in violation of each section, which warning shall include education information regarding proper procedures for recycling.

§ 200-8 New developments of multifamily residential units and commercial, institutional, or industrial properties.

A. 
Any application to the Planning Board or Board of Adjustment in the Township of Readington for subdivision or site plan approval for the construction of multi- family dwellings or three or more units, single family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land must include a recycling plan. This plan must contain, at a minimum, the following:
(1) 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
(2) 
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size and convenient location and must contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
B. 
Prior to the issuance of a certificate of occupancy by the Township of Readington, the owner of any new multifamily housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recycling materials, in those instances where the municipality does not otherwise provide this service.
C. 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.

§ 200-9 Collection of solid waste mixed with recyclable materials.

A. 
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
B. 
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this article and the local sanitary code.[1]
[1]
Editor's Note: See Ch. 265, Sanitation.
C. 
Once placed in the location for collection, no person other than those authorized by the municipality shall tamper with, collect, remove or otherwise handle solid waste or designated recyclable materials.
D. 
A solid waste collector who fails to abide by the rules and regulations of this section may be fined not less than $50 nor more than $250. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to any commercial, industrial or institutional establishment which is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.

§ 200-10 Solid waste transporter requirements.

A. 
A minimum of once a year or when necessary to reflect program or regulatory modification, notify all customers:
(1) 
What materials are designated to be source-separated from solid waste and must be recycled in Hunterdon County and that these items are prohibited in solid waste.
(2) 
That discovery of designated recyclable items in solid waste may result in the waste not being collected and that the generator is subject to a monetary fine.
(3) 
That solid waste transporters are prohibited by law to collect solid waste containing mandated recyclable materials.
(4) 
That documentation of proof of solid waste and recycling collection service must be maintained and that this documentation must be made available to the property owner, municipality or County upon request.
B. 
No later than February 15 of each year, all solid waste companies will provide a detailed report of all recycling activities to all commercial and institutional solid waste customers. The report will include a breakdown of the materials collected for recycling, the total weight of each material collected for recycling and the recycling market for each of the materials collected. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The County must also be copied on this information.
C. 
No later than February 15 of each year, all solid waste transporters will provide each municipality and the county with a summarization of recycling activity in that municipality including totals of all residential, commercial and institutional recycling. The report will include a breakdown of the materials collected for recycling, the total weight of each material collected for recycling and the recycling market for each of the materials collected. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The County must also be copied on this information.
D. 
Failure of the solid waste transporter to comply with the provision of this Amendment to the Solid Waste Management Plan and pertinent municipal recycling article shall constitute a violation and subject the solid waste transporters to those penalties as prescribed in the pertinent municipal recycling ordinance and State recycling regulations.

§ 200-11 Proof of provision of solid waste and recycling collection services.

Unless the solid waste and recycling collection services have been otherwise provided for by the municipality, pursuant to N.J.S.A. 40:66-5.1, all residential, commercial, industrial and institutional generators of solid waste must, upon request by the municipality, supply proof that solid waste and recycling collection services have been contracted by the generator. The information requested for proof of service may include provision of weight receipts or billing statements. The procedure by which the municipality may request receipts or other documentation must be detailed in a process approved by the governing body of the municipality.

§ 200-12 Designated recyclable materials.

Designated recyclable materials for the generators of residential, commercial, industrial and institutional waste are as follows:
A. 
Corrugated: containers and similar paper items usually used to transport supplies, equipment parts or other merchandise.
B. 
Mixed office and computer paper: any and all types of "office-type" paper, including, but not limited to, computer paper, high-grade white paper, typing paper, copier paper, onion-skin, tissue paper, notepads, envelopes, manila folders and colored paper, or any mix thereof.
C. 
Newspaper: all paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forest and Paper Association Grades Nos. 6, 7 and 8 news).
D. 
Other paper/magazines/junk mail: all paper which is not defined as corrugated, mixed office paper, computer paper or newspaper.
E. 
Glass container: all glass containers used for packaging food or beverages.
F. 
Aluminum cans: food and beverage containers made entirely of aluminum.
G. 
Steel cans: rigid containers made exclusively or primarily of steel or tin-plated steel and steel and aluminum cans used to store food, beverages, and a variety of other household and consumer products.
H. 
Plastic containers: containers including polyethylene terephthalate (PETE #1) soda bottles, high-density polyethylene (HDPE #2) for milk, water or detergent.
I. 
Leaves: must be recycled. This material is prohibited from entering the municipal solid waste stream; however, it will not be collected by the township (i.e., self-recycle on individual's property).

§ 200-13 Additional designated recyclable materials.

Additional designated recyclable materials for the generators of commercial, industrial and institutional waste are as follows:
A. 
White goods and light iron: all appliances such as washers, dryers, refrigerators, etc., as well as products made from sheet metal, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums and other nonstructural ferrous scrap.
B. 
Antifreeze: all automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
C. 
Batteries, lead-acid: batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
D. 
Used motor oil: petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
E. 
Tires: rubber-based scrap automotive, truck or specialty (e.g., forklift) tires. The tires must be recycled at a facility approved by the New Jersey Department of Environmental Protection.

§ 200-14 Designated recyclable materials collected by Hunterdon County.

Designated recyclable materials from generators of residential waste that are collected by Hunterdon County are as follows:
A. 
Antifreeze: all automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
B. 
Batteries, lead-acid: batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
C. 
Used motor oil: petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
D. 
Batteries, household: any type of button, coin, cylindrical, rectangular or other-shaped enclosed device or sealed container which was utilized as an energy source for commercial, industrial, medical, institutional or household use. This does not include lead-acid batteries from vehicles.
E. 
Mercury-containing devices: fluorescent and compact florescent tubes (CFTs), high-intensity-discharge (HID) and neon lamps, electrical switches, thermostats and any batteries containing mercury.
F. 
Petroleum-contaminated soil: nonhazardous soils containing petroleum hydrocarbons resulting from spills, leaks or leaking underground storage tanks used for gasoline or any other commercial fuel and which are recycled in accordance with the requirements of N.J.A.C. 7:26A-1.1 et seq. Note: This material can be recycled at "Class B" facilities (for example, authorized asphalt manufacturers).

§ 200-14.1 Sale or donation of recyclables.

No recyclable that is being collected as part of the Municipal Recycling Program may be donated or sold to or received by any person, partnership or corporation (whether operating for profit or not for profit) unless said person, partnership or corporation has first received written authorization from the Recycling Coordinator of the Township of Readington.

§ 200-14.2 Recyclables considered Township property.

Any recyclable placed at the curbside for pickup or deposited at a residential complex depot shall be and become the property of the Township of Readington or its authorized agent. It shall be a violation of this article for any person or company not authorized by the Township of Readington to collect or pick up or cause to be collected or picked up any such recyclable.

§ 200-14.3 Enforcement.

The Municipal Recycling Coordinator and/or the Recycling Enforcement Specialist of Hunterdon County or a designated officer of the Township of Readington are hereby individually and severally empowered to enforce the provision of this article. An inspection may consist of sorting through the containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material. Each day for which a violation of this article occurs shall be considered a separate offense. Fines levied and collected pursuant to the provisions of this article shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used solely for the expenses of the municipal recycling program.

§ 200-14.4 Collection requirements.

Collection requirements shall be as prescribed by the terms of our current trash/recycling contract.

§ 200-14.5 Collection schedule.

Collection schedule is posted on the Township website and available at the Municipal Building and the Recycling Depot based upon the terms of the current trash/recycling contract.

§ 200-14.6 Severability.

In the event that it is determined by a Court of competent jurisdiction that any provision or section of this article is unconstitutional, all other sections and provisions shall remain in effect. This article shall take effect immediately, unless otherwise provided by resolution of the governing body.

§ 200-14.7 When effective.

This article shall take effect immediately upon final passage and publication according to law.
[Adopted 6-18-2007 by Ord. No. 21-2007]

§ 200-15 Purpose.

The purpose of this article is to establish requirements for the proper handling of yard waste in the Township of Readington, so as to protect the public health, safety and welfare of the citizens of the Township of Readington, and to protect against water pollution and environmental degradation in accordance with the Township's stormwater management plan and the New Jersey State Stormwater Rules promulgated by the Department of Environmental Protection, pursuant to the New Jersey Water Pollution Control Act (N.J.S.A. 58:10a-1 et seq.), and to prescribe penalties for failure to comply.

§ 200-16 Definitions.

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein, unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other vessel, so as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way, which is an existing state, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas with the street lines.
YARD WASTE
Leaves, weeds and grass clippings.

§ 200-17 Prohibited conduct.

The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste in the street. Such waste must either be composted on site, or containerized and removed from the property by alternate means, but not via regular trash pickup. If such waste is placed in the street, the party responsible must remove the yard waste from the street, or said party shall be deemed in violation of this article.

§ 200-18 Enforcement.

This article shall be enforced by the Zoning Official or other public officer as may be appointed or directed by the Township Committee of the Township of Readington.

§ 200-19 Violations and penalties.

Any person who violates the provisions of this article shall, upon conviction, be subject to a fine not exceeding $500. Each day a violation continues after the time required for the abatement thereof shall constitute a separate offense.