[HISTORY: Adopted by the Township Committee of the Township of Alexandria as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 23.
Littering — See Ch. 122.
[Adopted 12-9-2009[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 148, Solid Waste, comprised of Art. I, Recycling, adopted 2-10-1988 by Ord. No. 88-2, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
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. These materials include:
A. 
Designated recyclable materials for the generators of residential, commercial, industrial and institutional waste.
01
Corrugated: containers and similar paper items usually used to transport supplies, equipment parts or other merchandise.
02
Mixed office and computer paper: any and all types of "office-type" paper, including, but not limited to computer paper, hi-grade white paper, typing paper, copier paper, onion-skin, tissue paper, notepad, envelopes, manila folders and colored paper, or any mix thereof.
03
Newspaper: all paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forest and Paper Association grades #6, #7 and #8 news).
04
Other paper/magazines/junk mail: all paper which is not defined as corrugated, mixed office paper, computer paper or newspaper.
05
Glass containers: all glass containers used for packaging food or beverages.
06
Aluminum cans: food and beverage containers made entirely of aluminum.
07
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.
08
Plastic containers: containers including polyethylene terephthalate (PETE #1) soda bottles, high-density polyethylene and (HDPE #2) milk, water or detergent.
B. 
Additional designated recyclable materials for the generators of commercial, industrial and institutional waste.
11
White goods and light iron: all appliances such as washers, dryers, refrigerators, etc., as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums and other nonstructural ferrous scrap.
12
Anti-freeze: all automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
13
Batteries, lead-acid: batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
16
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.
15
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.
C. 
Designated recyclable materials from generators of residential waste that are collected by Hunterdon County.
12
Anti-freeze: all automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
13
Batteries, lead-acid: batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries (See No. 21).
16
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.
21
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.
24
Mercury-containing devices: fluorescent and compact florescent tubes (CFTs), high-intensity discharge (HID) and neon lamps, electrical switches, thermostats and any batteries containing mercury.
27
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).
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 chapter, 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 Alexandria.
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) 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.).
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.
A. 
In order to carry out the requirements of the New Jersey Mandatory Source Separation and Recycling Act ("Act")[1] and the Hunterdon County Recycling Plan ("Plan"), the position of Municipal Recycling Coordinator is hereby established, which shall be responsible for compliance with said Act, Plan and applicable Borough/City/Town/Township regulations.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
B. 
The Municipal Recycling Coordinator will be annually appointed by the Borough/City/Town/Township Committee and will serve a term of one year.
C. 
The Recycling Coordinator will report to the governing body and/or the Borough/City/Town/Township Administrator at least once annually on the status of the municipal recycling program, and shall from time to time advise and make recommendations as to how the requirements set forth in this chapter 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.
A. 
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 Alexandria, 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 of the Township of Alexandria.
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 chapter, by a private contractor. Residential recycling contracts must comply with the provisions of this section and must further provide for not less than monthly pickup.
C. 
In the event that a municipal, county or state facility accepts mandatory recyclable material as set forth in this chapter, 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.
A. 
The occupant(s) and owner(s) of any residential property shall be responsible for compliance with this chapter. 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. 
Occupant(s) and/or owner(s) of any residential property who fail to abide by the rules and regulations of this section may be fined not less than $50 nor more than $250 for each month 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 who is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.
A. 
The occupant(s) and owner(s) of any residential property shall be responsible for compliance with this chapter. 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 chapter may be fined not less than $50 nor more than $250 for each month 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 in 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 month 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 chapter.
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 chapter.
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 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.
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 in on this information.
E. 
If the property owner provides recycling collection services for the occupants of the property, the owner 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 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 in 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 $1,000 for each month 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 this section, which warning shall include educational information regarding proper procedures for recycling.
A. 
Any application to the Planning Board of the Township of Alexandria, 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 Alexandria, 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 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 $1,000. 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.
A. 
A minimum of once a year or when necessary to reflect program or regulatory modifications, 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 in 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 in on this information.
D. 
Failure of the solid waste transporter to comply with the provisions of this amendment to the solid waste management plan and pertinent municipal recycling ordinance 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.
Unless the solid waste and recycling collection services have otherwise been 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.
A. 
The Municipal Recycling Coordinator or other person(s) so designated by the governing body are hereby individually and severally empowered to enforce the provisions of this chapter. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
B. 
Each day for which a violation of this chapter occurs shall be considered a separate offense.
C. 
Fines levied and collected pursuant to the provisions of this chapter 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.
[Adopted 6-8-2011 by Ord. No. 2011-05-03]
As used in this article, the following terms shall have the meanings indicated:
BAG
Plastic or fiber sacks designated to store solid waste with sufficient wall strength to maintain physical integrity when lifted by the top. If a bag breaks while being lifted, such bag shall not be considered of appropriate strength to be used for containment of solid waste.
BUILDING MATERIALS
Any material such as lumber, brick, plaster, gutters, roofing shingles or other substances accumulated as a result of repairs or additions to existing structures, construction of new structures or demolition of existing structures.
BULKY WASTE
Large items such as concrete, tree stumps, heavy wood items, iron, steel, furniture and appliances.
COMBUSTIBLE WASTE
Yard trimmings, rags, waste wood or cardboard and all other combustible waste solids of a nonvolatile and nonexplosive nature.
COMMERCIAL, INDUSTRIAL AND PROFESSIONAL PROPERTIES
Any retail, manufacturing, wholesale, governmental or other nonresidential establishment.
CONSTRUCTION DEBRIS
Waste building materials resulting from construction, remodeling, repair or demolition operations performed by a resident or his contractor.
HAZARDOUS WASTE
Any waste or combination of wastes that pose a present or potential threat to human health, living organisms or the environment, including but not limited to waste material that is toxic, carcinogenic, corrosive, irritating, sensitizing, biologically infectious, explosive, flammable or radioactive and any waste so designated by the United States Environmental Protection Agency (USEPA) or the New Jersey Commissioner of the Department of Environmental Protection and Energy (NJDEPE).
HOSPITAL/RED BAG WASTE
Any medical waste, including but not limited to all instruments, supplies, containers, bandages, tubing, gloves, etc., used by health care practitioners and facilities as described in New Jersey Department of Health regulations and applicable New Jersey law.
INDUSTRIAL WASTE
All waste, including solids, semisolids, sludge and liquids, created by factories, processing plants or other manufacturing enterprises.
RECYCLABLE MATERIAL
See Article I of this chapter.
RESIDENTIAL PROPERTY
A dwelling within the corporate limits of the Township occupied by a person or group of persons. A residential property shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A residential dwelling unit shall also include all public schools, municipal offices, activities and properties, official/quasi-official municipal service activities (i.e., fire, first aid, etc.) located in the township as may be appropriate and not exceeding five items per collection day.
SOLID WASTE
Garbage, refuse and other discarded materials resulting from commercial, industrial, and professional operations, and from residential, domestic and community activities, and all other waste materials, including liquids, except for building materials, bulky waste, combustible waste, construction debris, hazardous waste, hospital/red bag waste, industrial waste, recyclable material, yard waste, and solid animal and vegetable waste collected by swine producers licensed by the New Jersey Department of Agriculture.
SOLID WASTE COLLECTION SERVICE
The scheduled pickup and removal of solid waste from residential, commercial, industrial and professional properties located within the corporate limits of the township at least once a week.
SOLID WASTE CONTAINER
A receptacle constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by animals. The mouth of the container shall have a diameter greater than or equal to that of the base or be of a similar stable design to avoid tipping over.
TOWNSHIP
The Township of Alexandria.
YARD WASTE
Any waste accumulations of grass, leaves or shrubbery cuttings or clippings, tree branches, tree limbs, parts of trees, bushes, shrubbery or other material usually created by yard maintenance.
A. 
Removal of solid waste. Owners, tenants or occupants of residential, commercial, industrial and professional properties shall arrange for the removal of solid waste from the premises as often as necessary to handle the amounts of waste generated, but at least once a week.
B. 
Collection requirements.
(1) 
All solid waste collection services shall occur between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday.
(2) 
It shall be the duty of a solid waste collector whenever requested by any person within the township to call for, remove or carry away from any residential, commercial, industrial and professional property solid waste placed in suitable containers and/or bags. No collector shall neglect or refuse to remove any solid waste that has been placed in suitable containers, except when in violation of this article or applicable state or federal law.
(3) 
Solid waste shall be placed in suitable containers and/or bags as herein defined while awaiting removal. No such container or bag shall be placed for pick-up in the public right-of-way, and no such container or bag shall be placed out for collection before dusk the evening prior to the scheduled pick-up. All empty containers shall be removed from view of the public right-of-way by 12:00 midnight after collection.
(4) 
A solid waste collector shall collect and transport all solid waste in a motor-driven conveyance equipped with a sound and tight body to prevent any liquid matter from dripping out onto the street. All vehicles used by the collector shall be maintained in good working order and in a clean and sanitary condition. The collector shall furnish a sufficient number of vehicles of ample power and capacity in which to carry out the collection service. Vehicle bodies must be completely covered during transportation from collection to disposal points. Vehicles may not be loaded or unloaded while the same are in motion.
(5) 
Any solid waste that shall spill off of a collection vehicle or from any container and/or bag being emptied by the collector shall be broomed up immediately so as to leave the premises or streets in as clean a condition as theretofore.
A solid waste collector shall notify all persons desiring the removal of solid waste of the days upon which collections shall be made and the rates to be charged therefor.
All solid waste shall be collected promptly, transported and disposed of by the collector in the manner prescribed by all applicable laws and regulations without any liability whatsoever on the part of the township.
The provisions of this article shall not apply to municipal, county or state employees using official equipment and engaged in official business.
A. 
Any person, corporation or entity who violates or neglects to comply with any provision of this article or any regulation promulgated hereunder shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions, Article I.
B. 
Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
No person shall operate a solid waste collection service within the corporate limits of the township without first obtaining a license as provided herein.
Any person who wishes to engage in the business of solid waste collection within the corporate limits of the township shall submit an application for a license to the Township Clerk. The application, and any renewal applications, shall set forth the applicant's previous experience as a solid waste collector, a list of available equipment, and the applicant's registration with the State of New Jersey. All licenses shall expire on December 31 of the year of issue. Applications for license renewals shall be filed with the Township Clerk on or before November 1 of each year.
Any application, or renewal application, for a solid waste collection license shall be accompanied by a fee of $25 to cover the township's administrative costs in processing the application.
Licenses shall be issued by the Township Clerk and shall set forth the name and address of the solid waste collector and the name, address and telephone number of a person employed by the collector who may be contacted by the township in the event of any problems, questions or complaints. No license shall be transferable.