[HISTORY: Adopted by the Township Committee
of the Township of Bethlehem as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 106.
[Adopted 2-18-1988 by Ord. No. 236-88]
A.
ADDITIONAL DESIGNATED RECYCLABLE MATERIALS FOR COMMERCIAL, INDUSTRIAL,
AND INSTITUTIONAL WASTE STREAM
(1)
(2)
(3)
(4)
(5)
ALUMINUM CANS
ALUMINUM ITEMS
BATTERIES FROM VEHICLES
(1)
(2)
COMMERCIAL BUSINESS
DESIGNATED RECYCLABLE MATERIALS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
EDUCATIONAL INSTITUTION
GENERATORS OF SOLID WASTE
GLASS
MUNICIPALITY
MUNICIPAL RECYCLING DEPOT
MUNICIPAL SOLID WASTE STREAM
OCCUPANT
OWNER
PAPER
RECYCLABLE MATERIALS FROM RESIDENTIAL WASTE STREAM COLLECTED
BY HUNTERDON COUNTY
(1)
(2)
(3)
(4)
RECYCLING
SOLID WASTE TRANSPORTER
SOURCE SEPARATION OF DESIGNATED RECYCLABLE MATERIALS
As used in this Article and supplementary ordinances,
the following terms shall have the meanings indicated:
[Added 6-3-2010 by Ord. No. 236.3.2010]
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.
Antifreeze: all automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
Lead-acid batteries: batteries from automobiles, trucks, other
vehicles and machinery and equipment. This does not include consumer
batteries.
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.
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.
All containers fabricated primarily of aluminum and commonly
used for soda, beer or other beverages and usually having a capacity
of between seven and 16 ounces, excluding bimetal cans.
Foil, prepared food plates and other light aluminum material.
[Added 6-3-2010 by Ord. No. 236.3.2010]
Mercury-containing devices: fluorescent and compact fluorescent
tubes (CFT's), high-intensity discharge (HID) and neon lamps,
electrical switches, thermostats and any batteries containing mercury.
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).]
Any organization created to conduct business to generate
a profit or engage in commerce.
[Added 6-3-2010 by Ord. No. 236.3.2010]
[Added 6-3-2010 by Ord. No. 236.3.2010]
Aluminum cans: food and beverage containers made entirely of
aluminum.
Corrugated: containers and similar paper items usually used
to transport supplies, equipment parts or other merchandise.
Glass containers: all glass containers used for packaging food
or beverages.
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, onionskin, tissue paper, notepads,
envelopes, manila folders and colored paper, or any mix thereof.
Newspaper: all paper marketed as newsprint or newspaper and
containing at least 70% newsprint or newspaper (American Forest and
Paper Association Grade Nos. 6, 7 and 8 news).
Other paper/magazines/junk mail: all paper which is not defined
as corrugated, mixed office paper, computer paper or newspaper.
PETE containers: containers such as polyethylene terephthalate (PETE – No. 1) soda bottles, and high-density polyethylene (HDPE – No. 2) milk, water or detergent bottles.
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.
A public or private organization whose primary function is
to provide educational opportunities to a segment of the population.
[Added 6-3-2010 by Ord. No. 236.3.2010]
Includes but is not limited to all residential, commercial,
industrial and institutional premises that generate solid waste.
[Added 6-3-2010 by Ord. No. 236.3.2010]
Products made from silica or sand, soda ash and limestone
which are transparent or translucent, usually utilized to contain
fluid matter, including flint (clear), amber and green glass and excluding
blue and plate glass.
The Township of Bethlehem, in the County of Hunterdon and
State of New Jersey.
Any location or locations designated by the municipality
for the receipt and storage of one or more designated recyclable materials.
All residential, commercial, and institutional solid waste
generated within the boundaries of any municipality.
[Added 6-3-2010 by Ord. No. 236.3.2010]
Any person, including guests, in actual physical possession
or occupancy of real property and/or a unit of real property space
on a regular basis. For purposes of assigning specific duties or responsibilities,
the term, unless the text indicates otherwise, shall mean the owner,
tenant, lessee, head of the family or household, or the adult person
assuming basic responsibility for the continued renting and/or occupancy
of the real property.
[Added 6-3-2010 by Ord. No. 236.3.2010]
The person who has legal title of record to a real property.
[Added 6-3-2010 by Ord. No. 236.3.2010]
Includes all newspaper, high-grade office paper, fine paper,
bond paper, offset paper, mimeo paper, duplicator paper, corrugated
cardboard and other cardboard.
[Added 6-3-2010 by Ord. No. 236.3.2010]
Antifreeze: all automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
Lead-acid batteries: batteries from automobiles, trucks, other
vehicles and machinery and equipment. This does not include consumer
batteries.
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.
Household batteries: 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.
Any process by which materials which would otherwise become
solid waste are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
Any individual or company permitted by the New Jersey Department
of Environmental Protection to collect and/or transport municipal
solid waste within Hunterdon County.
[Added 6-3-2010 by Ord. No. 236.3.2010]
The separation and separate bundling of recyclable materials,
designated in the Hunterdon County Waste Management Plan, to be kept
apart from other solid waste by the generator of the waste for the
purpose of collection, disposition and recycling.
[Amended 6-3-2010 by Ord. No. 236.3.2010]
[Amended 6-3-2010 by Ord. No. 236.3.2010]
A.
In accordance with the laws of this state, the Township of Bethlehem
shall designate one person as the Municipal Recycling Coordinator.
The Recycling Coordinator will be appointed annually by the Township
Committee and will serve a one-year term.
B.
The Municipal Recycling Coordinator shall have all the following
duties:
(1)
Notify all solid waste generators within the municipality of their
source separation responsibilities and the requirements of the Municipal
Recycling Ordinance two times per year.
(2)
Maintain records of municipal compliance for a periodic review and
update of the municipal land use master plan and development regulations
related to recycling from time to time, as needed.
(3)
Explore opportunities for shared services.
(4)
If recommended by the Township Committee, attend Rutgers recycling
courses.
(5)
Complete the requirements of a course of instruction in various aspects
of recycling program management. (N.J.S.A. 13:1E-99.16)
(6)
On or before July 1 of each year, submit a recycling tonnage report
to the New Jersey Office of Recycling, New Jersey Department of Environmental
Protection, and the county in accordance with rules and regulations
adopted by the department therefor. (N.J.S.A. 13:1E-99.16)
(7)
Report to the Township Committee on an annual basis as to the status
of the municipal recycling program and attend all meetings that the
Township Committee deems to be important, including meetings that
may be conducted by the state, the county, or other appropriate organizations.
(8)
Perform, in a timely manner, all duties enumerated under N.J.S.A.
13:1E-99.16.
(9)
Perform, in a timely manner, those duties and functions as enumerated
in the Hunterdon County District Solid Waste Management Plan and amendments
thereto.
(10)
Assist the Township Committee in enforcing the penalty schedule for violations of this article, which can be found at § 1-15.
(11)
Issue violation notifications to owners, tenants or occupants of
residential and nonresidential premises and issue a summons to appear
in the Municipal Court for failure to comply with any provision of
this article or any regulation thereof.
(12)
Maintain a list of New Jersey recycling facilities that have been
approved to accept materials construction and demolition materials
for recycling.
A.
The Township of Bethlehem shall designate and establish
a Township Recycling Committee. The members of the Township Recycling
Committee shall include the Township's Municipal Recycling Coordinator,
the Township's appointee to the County Solid Waste Advisory Council,
a member of the Environmental Commission, the Township's Road
Department Foreman and the Township's Road Commissioner.
[Amended 6-3-2010 by Ord. No. 236.3.2010]
B.
The Recycling Committee is authorized and directed
to establish and promulgate reasonable regulations for the selection
and designation and the collection and disposition of designated recyclable
materials in accordance with the provisions of this article. Such
regulations may be changed, modified, amended or repealed by the municipal
governing body.
C.
At least once every 36 months, the Township Recycling Committee shall
conduct a review and make necessary revisions to the Master Plan and
the development regulations adopted pursuant to P.L. 1975, c.291 (N.J.S.A.
40:55D-1 et seq.), which revisions shall reflect changes in federal,
state, county and municipal laws, policies and objectives concerning
the collection, disposition and recycling of designated recyclable
materials. (N.J.S.A. 13:1E-99.16).
[Added 6-3-2010 by Ord. No. 236.3.2010]
D.
At least once every six months, the Township Recycling Committee
shall notify all persons occupying residential, commercial, and institutional
premises within its municipal boundaries of local recycling opportunities
and the source separation requirements of this article. In order to
fulfill the notification requirements of this subsection, the governing
body of a municipality may, in its discretion, place an advertisement
in a newspaper circulating in the municipality, post a notice in public
places where public notices are customarily posted, include a notice
with other official notifications periodically mailed to residential
taxpayers, or any combination thereof, as the municipality deems necessary
and appropriate. (N.J.S.A. 13:1E-99.16).
[Added 6-3-2010 by Ord. No. 236.3.2010]
A.
From and after the date fixed by regulations promulgated
by the Recycling Committee, in accordance with the provisions hereof,
it shall be mandatory for all persons who are owners, tenants or occupants
of residential and nonresidential premises located within the municipality
to separate from all other solid waste the following designated recyclable
materials; newspaper, glass (clear, green and brown), aluminum cans,
leaves and waste oil. These materials are to be separately bundled
and prepared for disposition and recycling in accordance with regulations
hereinafter established by the Recycling Committee.
B.
It shall be a violation of this Article to include
or mix designated recyclable materials with other solid waste generated
by residential and nonresidential premises. Such solid waste material,
when mixed with recyclable materials, shall not be picked up by solid
waste refuse haulers and shall be left at the curbside.
A.
The municipality may provide for curbside collection,
subject to its sole and absolute discretion. If the municipality does
not provide for curbside collection, owners, tenants and occupants
must either (a) retain a contracted hauler at their sole cost and
expense to pick up designated recyclable materials (defined below)
and/or (b) dispose of said designated materials at the municipal recycling
depot, in accordance with the New Jersey Statewide Mandatory Source
Separation and Recycling Act[1] and applicable regulations. Designated recyclable materials
shall be defined as newspaper, glass (separated by clear, green and
brown) and aluminum cans. Owners, tenants and occupants are responsible
for ensuring that their contracted haulers comply with this section,
the New Jersey Statewide Mandatory Source and Recycling Act and applicable
regulations.
[Amended 3-5-2009 by Ord. No. 236.2.2009]
[1]
Editor's Note: See N.J.S.A. 13:1E-99.32 et seq.
B.
Leaves are to be composted on the property from which
they were generated and allowed to degrade without the use of chemical
or harmful additives. The burning of leaves is a violation of air
quality standards and subject to penalties as provided for by law.
C.
Waste oil is to be taken to oil retailers and motor
vehicle reinspection stations which are required to accept oil within
the regulations of the New Jersey Statewide Mandatory Source Separation
and Recycling Act.
A.
At such time as an owner, tenant or occupant of any
premises deposits designated recyclable materials at a curbside or
other approved location, such materials shall be and become the property
of the municipality or its authorized agent. It shall be a violation
of this Article for any person to remove such material without the
specific written approval of the Recycling Committee.
B.
Nothing herein shall be construed to prohibit an owner,
tenant or occupant of any premises from donating or selling recyclable
materials to any person or entity, except that the donor or seller
shall report and document to the municipality, within five calendar
days, the nature and weight of the material donated or sold.
The present recycling depot, located at the
Township Municipal Building on Mine Road, and any depot hereinafter
established shall be operated in accordance with regulations established
by the Recycling Committee. It shall be a violation of this Article
for any person to deposit recyclable materials at any municipal recycling
depot at times other than those established by the Recycling Committee
and to deposit materials other than those designated as recyclable
materials.
The Recycling Committee may authorize individual
recycling programs for nonresidential premises, such as industrial,
commercial and institutional premises, that recognize the different
nature of the solid waste generated by the premises and any special
requirements for its collection. These programs shall require that
documentation of quantities recycled is provided to show compliance
with recycling regulations and municipal, county and state recycling
goals.
The municipality shall have the right to dispose
of the materials collected by the Recycling Committee utilizing any
and all markets available and to enter into agreements for the disposition
of recyclable materials for recycling purposes as provided for by
law.
The Recycling Committee shall recommend to the
municipal governing body a plan and regulations for recycling program
that meets county and state requirements. After approval by the municipal
governing body, the plan and regulations shall be published according
to law and be in effect no sooner than 30 days after the date of publication.
Collection of recyclable materials shall commence no later than July
20, 1988. The Recycling Committee may implement a program of public
awareness regarding the compliance with this Article.
B.
Each day that such violation is committed or allowed
to continue shall constitute a separate offense and shall be punishable
as such.
C.
Pursuant to regulations and requirements of this Article,
it is the responsibility of the Recycling Coordinator or designated
agent to issue violation notifications to owners, tenants or occupants
of residential and nonresidential premises and to issue a summons
to appear in the Municipal Court for failure to comply with any provision
of this Article or any regulation thereof.
[Added 6-3-2010 by Ord. No. 236.3.2010]
A.
All generators of solid waste within the County of Hunterdon shall
source-separate from solid waste all those designated recyclable materials
as identified in Appendix A of the District Solid Waste Management
Plan and amendments thereto.
B.
Disposition of the source-separated recyclable materials by the generator
shall be as prescribed in the Hunterdon County Solid Waste Management
Plan and the pertinent Municipal Recycling Ordinance.
C.
Upon request by the municipality, the generator must provide proof
that the generator has contracted solid waste and recycling collection
services, including the recycling of used motor oil. The information
requested for proof of service may include provision of weight receipts,
billing statements or other information detailing the amount of material
disposed of as solid waste and recycling. The procedure by which the
municipality may request receipts or other documentation must be detailed
in the Municipal Recycling Ordinance.
D.
Failure of the generator to comply with this Municipal Recycling
Ordinance shall constitute a violation and subject the generator to
those penalties as prescribed herein.
E.
Responsibilities of property owners:
(1)
All owners of real property shall ensure that occupants contract
for solid waste and recycling collection services.
(2)
Upon request by the municipality, the generator must provide proof
that the generator has contracted solid waste and recycling collection
services, including the recycling of used motor oil. The information
requested for proof of service may include provision of weight receipts
or other information detailing the amount of materials disposed of
as solid waste and recycling.
(3)
Compliance with all other requirements as set by federal, state,
county, and municipal laws, policies, and objectives.
F.
Responsibilities of generators of construction and demolition materials:
(1)
Upon request, the Municipal Recycling Coordinator will supply applicants
for building and demolition permits with a list of New Jersey recycling
facilities that have been approved to accept construction and demolition
materials for recycling. The New Jersey Department of Environmental
Protection will be responsible for approval of the facilities and
the preparation of the information. A sample of the information can
be found in the Municipal Clerk's office.
(2)
The generators of construction and demolition materials are required
to recycle these materials to the extent they are accepted for recycling
by the DEP-approved facilities.
(3)
The generators must maintain a record and proof of all materials
recycled on the project. These records must be filed with the Township
Construction Office prior to issuance of a certificate of occupancy
(CO) or certificate of approval for a demolition.
(4)
The Hunterdon County Health Department reserves the right to enter
a project site at any time and request a list of recycled materials.
(5)
Compliance with all other requirements as set by federal, state,
county, and municipal laws, policies, and objectives.
G.
Responsibilities of educational institutions:
(1)
Each educational institution shall implement a recycling plan and
institute a recycling program which instructs faculty and students
on how to source-separate from solid waste.
(2)
Each educational institution shall file a copy of its recycling plan
with the Hunterdon County Superintendent of Schools, who will ensure
each institutional recycling plan is implemented and maintained.
(3)
Compliance with all other requirements as set by federal, state,
county, and municipal laws, policies, and objectives.
