[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Rocky Hill as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 118.
[Adopted 12-17-2007 by Ord. No. 12-07[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Recycling, adopted 7-7-1986 by Ord. No. 7-86, as amended.
As used in this article, the following words
and phrases shall have the meanings indicated:
Food and beverage containers made entirely of aluminum.
An automotive engine coolant consisting of a mixture of ethylene
glycol and water or propylene glycol and water.
All computer paper, a high-grade white paper (including letterhead,
typing paper, copier paper, onionskin, and note pad).
Asphalt, concrete, brick, cinder block, patio blocks, and
other masonry and paving materials.
Any type of button, coin, cylindrical, rectangular or other
shaped, enclosed device or sealed container which is utilized as an
energy source for commercial, industrial, medical, institutional or
household use (does not include lead-acid batteries from vehicles).
Containers, brown grocery bags, and similar paper items usually
used to transport supplies, equipment, parts or other merchandise.
All glass containers used for packaging food or beverages.
All structural steel or ferrous metal cast from components.
Batteries from automobiles, trucks, other vehicles and machinery
and equipment which shall be stored in a manner that protects them
from the elements to avoid corrosion and leakage.
Leaves, brush and other yard trimmings, including grass clippings,
from institutions, commercial or industrial sources.
Magazine stock, white and colored paper and envelopes, telephone
directories and books.
Including fluorescent and compact tubes, high-intensity discharge
(HID) and neon lamps, electrical switches, thermostats, thermometers
and any batteries containing mercury.
Items listed in computer printout/white ledger category when
mixed with envelopes, manila folders and colored paper. Material is
generated by commercial/institutional sources.
All paper marketed as newsprint or newspaper and containing
at least 70% newsprint or newspaper (American Paper Institute grade
Nos. 6, 7, and 8 news).
Containers such as polyethylene terephthalate (PETE - No.
1) soda bottles, high-density polyethylene (HDPE - No. 2) milk, and
water or detergent bottles.
Crushed or shredded automobile or truck bodies, excluding
auto shredder residue or fluff.
Rigid containers made exclusively or primarily of steel,
tin-plated steel, and composite steel and aluminum cans used to store
food, beverages, paint and a variety of other household and consumer
products.
Unfinished wood from land clearing projects, storm damage
or pruning activities.
Textiles larger than 15 inches by 15 inches (e.g. clean clothing,
drapes, curtains, sheets, towels, cloth, belt, shoes, handbags, and
small stuffed animals).
Rubber-based scrap automotive and truck tires.
Any appliance used in a business that includes circuitry.
Includes components and subassemblies of the electronic products.
Examples include computers and peripherals, printers, copiers, VCRs,
televisions, cell phones and fax machines.
A petroleum base or synthetic oil the use of which, includes,
but is not limited to, lubrication of internal combustion engines,
which through use, storage or handling has become unsuitable for its
original purpose due to the presence of impurities or loss of original
properties.
All large appliances such as washers, dryers, refrigerators,
as well as products made from sheet iron, such as shelving, file cabinets,
metal desks, recycled or reconditioned steel drums, and other nonstructural
ferrous scrap.
Unfinished lumber from construction or demolition projects,
including pallets. Unfinished shall mean nonchemically treated (not
pressure treated, impregnated with preservatives, insecticides, fungicides,
creosote, or other chemicals; and not painted, resin-coated or otherwise
surface treated; and not laminated or bonded; and not similarly altered
from its natural condition).
There is hereby established a program for the
mandatory separation of recyclables within the Borough of Rocky Hill.
A.
Requirements for commercial, industrial, institutional,
or governmental establishments and office parks. The owner, operator
or occupant of any commercial, industrial, institutional, or governmental
establishments and office parks shall recycle material as required
under the County of Somerset Recycling Program as follows:
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Aluminum cans
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Antifreeze
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Computer printout/white ledger
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Concrete
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Consumer batteries
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Corrugated cardboard
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Glass containers
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Heavy iron
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Lead-acid batteries
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Leaves and brush
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Magazines and junk mail
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Mercury-containing devices
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Mixed office paper
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Newspaper
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Plastic containers (No. 1 and No. 2 plastic
bottles)
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Scrap autos
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Steel cans
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Stumps, logs and tree parts
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Textiles
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Used consumer electronics
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Used motor oil
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White goods and light iron
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Wood scrap
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B.
Requirements for occupants or owners of dwellings
or structures. The occupant or owner of any dwelling or structure
within the Borough of Rocky Hill shall place for disposal, removal
or collection the following named items in conformity with the following
regulations:
(1)
Newspapers shall be secured in separate bundles not
to exceed 35 pounds and shall not be contained in plastic bags.
(2)
The following recyclables are mandatory source-separated
items as of December 1, 2007:
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Newspaper
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Mixed paper (magazines, glossy inserts, computer
paper, junk mail, colored paper and office paper)
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Corrugated cardboard
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Telephone books
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Aluminum cans
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Glass containers
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Steel and bimetal cans
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Plastic containers (No. 1 and No. 2 plastic
bottles)
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Leaves
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Textiles
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Motor oil
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Consumer batteries
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Asphalt
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Concrete
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Wood waste
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A.
It is prohibited and it will be determined to be a
violation hereof for any owner, lessee or occupant of any residential,
commercial, or institutional property in the Borough of Rocky Hill
to put into or cause to be put into the solid waste collection system
of the Borough any leaves.
B.
The collection, removal and disposal of recyclables
shall be supervised by the Borough of Rocky Hill or its designated
agent who shall establish the time, method and routes of service.
For example, as of the date of this article, the County of Somerset
is the Borough of Rocky Hill's designated agent for recycling and
the County's rules and regulations are to be followed regarding the
time, days of collection, method of collection and routes of service.
In the event that the Borough of Rocky Hill's designated agent changes,
residents will be notified of the change and of the new rules and
regulations for the time, days of collection, method of collection
and routes of service.
C.
All blue recycling containers required herein shall
be supplied by the County of Somerset and placed, prior to collection,
between the curb and sidewalk where they shall be readily accessible
to the collector. Blue recycling containers and newspapers to be disposed
of shall be placed outside after 6:00 p.m. of the day immediately
preceding the day of collection but not later than 7:00 a.m. on the
day of collection.
It shall be a violation of this article for
any person unauthorized by the Borough of Rocky Hill to collect or
pick up or cause to be collected or picked up any such items during
the twenty-four-hour period commencing at 6:00 p.m. on any day preceding
a day designated for collection. Any and each such collection in violation
hereof from one or more residences during said twenty-four-hour period
shall constitute a separate and distinct offense punishable as hereinafter
provided.
At the time of issuance of any building permit,
the building code official will provide written instruction on proper
disposal and recycling of construction and demolition waste that requires
removal of 21 or more cubic yards of waste materials and furnish a
notification of construction/demolition activity form that must be
filled out by the permittee and faxed to the Somerset County Department
of Health, CEHA Operations, within 48 hours of the issuance of a permit.
New developments of multifamily residential
units or commercial, institutional, or industrial properties, pursuant
to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c, must comply with the following:
A.
Any application to the Planning Board of the Borough
of Rocky Hill 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,
and fencing) as may be determined by the municipal Recycling Coordinator.
B.
Prior to the issuance of a certificate of occupancy
by the Borough of Rocky Hill, 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 Borough
of Rocky Hill Engineer.
On March 31, 2008, all existing exemptions shall
be revoked and must be reapplied for consistent with the following
guidelines:
A.
The mixed waste and recyclables taken from an eligible
location may only be taken to a licensed transfer station/MRF. That
facility must have the ability to separate out for recycling all mandated
recyclables that were commingled with the garbage.
B.
Exemptions are valid for a period of three years which
will begin on the date of issuance and expire on March 31 of the third
year.
C.
No exemption renewal will be issued if the recycling
tonnage report is not received by March 1 of each year.
D.
The generator must apply in writing for the exemption
and receive an official written notice that it has been granted from
that municipal official authorized by the Borough of Rocky Hill Coordinator.
The exemption request must be accompanied by the following information:
(1)
A letter from the specified hauler agreeing to have
the mandated materials separated which must specifically list the
materials that will be separated.
(2)
A letter from the specified receiving facility, including
the valid New Jersey Department of Environmental Protection permit
number, that states the mandated materials will be separated.
(3)
An explanation of why the particular operation, circumstance
or facility makes adhering to the source-separation requirements of
the recycling plan impractical.
(4)
A description of the nature of the business and the
estimated monthly and yearly tonnages of solid waste and designated
recyclables to be generated by the facility.
(5)
A list of mandated materials that the materials recovery
facility will be recycling for the business.
(6)
A description of how the generator disposed of solid
waste pursuant to Somerset County's waste flow strategy (Plan Amendment,
May 1996) and handled recyclables up to the date of the application.
(7)
A listing of any violations cited (and disposed of)
for the generator with reference to the solid waste or recyclables
generated from the facility.
(8)
The application shall be certified under oath so that
in the event there is a deliberate misstatement, the applicant will
be subject to enforcement action.
E.
If the generator switches haulers, the exemption is
no longer valid and must be sought again.
F.
If the generator is granted the exemption, the company
is required to include signage in a prominent place that states that
recyclable material is being sorted out at a materials recovery facility.
G.
The generator must be able to show the exemption approval
and a copy of the waste removal contract when the exemption is claimed
to the County Health Department.
H.
Any exemptions granted by the Borough of Rocky Hill
will have to be material specific, list the hauler name, and identify
by street address the exact location of the business that has been
granted the exemption. Businesses with more than one location must
apply for exemptions for each location separately. A copy of each
exemption granted must be submitted by the Borough of Rocky Hill to
the Somerset County Department of Solid Waste Management.
I.
The following provisions apply to all:
(1)
Exemptions pertain to commercial and institutional
(medical, educational and government) establishments only, not residential
premises. Residential premises include single-family homes, garden
and high-rise apartments, condominiums, townhouses, and other multifamily
units.
(2)
Properly licensed haulers utilizing a properly licensed
transfer station/MRF who service nonresidential generators may not
collect commingled garbage and recyclables without the generator having
first obtained a duly authorized exemption from the Borough of Rocky
Hill. Haulers servicing nonexempted generators (including residential/
multifamily locations which are not allowed exemptions) shall not
collect and mix in one vehicle the generator's garbage and source-separated
recyclables. Those haulers found to be mixing a nonexempted generator's
garbage and recyclables will be in violation of the county plan and
subject to enforcement action and the imposition of penalties issued
by the County Health Department as specified in the county plan.
The recycling program established herein shall
be administered by the Recycling Coordinator of the Borough to be
appointed by the Mayor and approved by the Council.
In addition to any penalty imposed by the County
of Somerset, any person, firm or corporation that violates or neglects
to comply with any provisions of t or .any regulation promulgated
pursuant thereto shall, upon conviction thereof, be punishable by
a fine not to exceed $500.[1]
