[HISTORY: Adopted by the Mayor and Council
of the Borough of Branchville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-6-1988 by Ord. No. 1-88]
As used in this Article, the following terms
shall have the meanings indicated:
Any business or person licensed by the New Jersey Public
Utility Commission for the collection and disposal of solid waste
in the Borough of Branchville.
Leaves only; does not include grass clippings, branches or
other vegetative matter.
Occupants or owners or lessees of dwellings or of business
structures in the Borough of Branchville referred to herein as "householders"
or "businesses," respectively.
A.
On and after the effective date of this Article, it
shall be mandatory for all persons to separate leaves from all other
solid waste produced in or disposed of by such households and/or businesses.
Leaves shall be securely contained in bags.
B.
On the dates set forth in the regulations to be promulgated
hereunder, said bags shall be placed at curbside for collection by
the Borough municipal trucks or by such collectors as are specifically
authorized by the Borough to make such collection.
C.
From the time of placement at the curb by any person
of yard waste for collection by the Borough in accordance with the
terms hereof, such materials shall be and become the property of the
Borough or its authorizing agent, and it shall be a violation of this
Article for any person not expressly so authorized by the Borough
to collect or pick up or cause to be picked up any such leaves. Each
collection in violation hereof from one or more residency shall constitute
a separate and distinct offense punishable as hereinafter provided.
D.
No person, firm or corporation, except as authorized
pursuant to this Article, shall pick up leaves at curbside.
E.
The Recycling Coordinator is hereby authorized and
directed to enforce this Article and to establish a reasonable schedule
of regulations as to the manner, days and times for the collection
of leaves in accordance with the terms of this Article. Said schedule
of regulations shall become effective 20 days after publication. The
Recycling Coordinator is also hereby authorized to amend the schedule
of regulations. Said amendments to the schedule shall be published
in the official newspaper of the Borough at least 20 days prior to
their effective dates. Amendments to the schedule of regulations shall
become effective 20 days after the publication unless the Council
adopts a resolution rejecting or modifying said amendments.
Leaves shall be disposed of in a location designated
by the Recycling Coordinator. Residents of the Borough of Branchville
are urged to dispose of their leaves in composting areas which they
develop and maintain on their own premises.
A.
It shall be unlawful to combine leaves with solid
waste after September 1, 1988.
B.
The Borough, its agents and licensed collectors, when
they discover such prohibited mixing, shall not pick up such waste
but shall affix a decal to any container that is not emptied.
C.
It shall be the responsibility of the offending party
to properly segregate the uncollected waste and either store or dispose
of it.
E.
Failure to recycle is a violation of this Article.
[Adopted 5-6-2009 by Ord. No. 04-2009[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Art. II, Mandatory Separation Program, adopted 10-6-1993
by Ord. No. 6-93.
As used in this article, the following terms shall have the
meanings indicated:
A combining of non-putrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Sussex County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include:
As defined by the Sussex County Solid Waste Management Plan
- Residential Generators):
|
Class
|
Material
|
Definition
|
|---|---|---|
|
01
|
Aluminum cans
|
Food and beverage containers made entirely of aluminum
|
|
03
|
Computer printout/white ledger
|
All computer paper, all high-grade white paper (including letterhead,
typing paper, copier paper, onionskin, tissue and note pad)
|
|
06
|
Corrugated
|
Containers, brown grocery bags, and similar paper items, usually
used to transport supplies, equipment, parts or other merchandise
|
|
07
|
Glass containers
|
All glass containers used for packaging food or beverages
|
|
10
|
Leaves and brush
|
Leaves, brush and other yard trimmings, including grass clippings,
from institutions, commercial or industrial sources
|
|
11
|
Magazine and junk mail magazine stock
|
White and colored paper, envelopes, telephone directories and
books
|
|
13
|
Mixed office paper
|
Items listed in computer printout/white ledger category when
mixed with envelopes, manila folders and colored paper; material generated
by commercial/institutional sources
|
|
14
|
Newspaper
|
All paper marketed as newsprint or newspaper and containing
at least 70% newsprint or newspaper (American Paper Institute grades
Nos. 6, 7 and 8-news)
|
|
15
|
Plastic containers
|
Containers such as polyethylene terephthalate (PETE No. 1) soda
bottles, high-density polyethylene (HDPE No. 2) milk, water and detergent
bottles
|
|
17
|
Steel cans
|
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
|
|
18
|
Stumps, logs and tree parts
|
Unfinished wood from land clearing projects, storm damage or
pruning activities
|
|
19
|
Textiles
|
Textiles larger than 15 inches by 15 inches (e.g., clean clothing,
drapes, curtains, sheets, towels, cloth, belt, shoes, handbags, and
small stuffed animals)
|
|
20
|
Tires
|
Rubber-based scrap automotive and truck tires
|
|
22
|
Used motor oil
|
Petroleum-based 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 in its
original purpose due to the presence of impurities or loss of original
properties
|
As defined by the Sussex County Solid Waste Management Plan
- Non-Residential Generators, Commercial and Institutional Sectors):
|
Class
|
Material
|
Definition
|
|---|---|---|
|
01
|
Aluminum cans
|
Food and beverage containers made entirely of aluminum
|
|
02
|
Antifreeze
|
Automotive engine coolant consisting of a mixture of ethylene
glycol and water or propylene glycol and water
|
|
03
|
Computer printout/white ledger
|
All computer paper, high-grade white paper (to include letterhead,
typing paper, copier paper, onionskin, tissue and note pad)
|
|
04
|
Concrete, concrete paving stones, asphalt
|
Asphalt, concrete block and pavers, brick, cinder block, "patio
blocks" and any other masonry or paving materials
|
|
05
|
Consumer batteries
|
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)
|
|
06
|
Corrugated
|
Containers, brown grocery bags, and similar paper items used
as dunnage in the packaging and transporting of equipment and supplies
or other merchandise
|
|
07
|
Glass containers
|
All glass containers used for packaging food or beverages
|
|
08
|
Heavy iron
|
All structural steel or ferrous metal including cast iron components
|
|
09
|
Lead-acid batteries
|
Batteries from all vehicles, heavy equipment and machinery,
that are stored in a manner that protects them from the elements to
avoid corrosion and leakage
|
|
10
|
Leaves and brush
|
Leaves, brush and other yard trimmings, including grass clippings,
from institutional, commercial or industrial sources
|
|
11
|
Magazine and junk mail
|
Magazines, flyers and mailers of magazine stock, glossy white
and colored paper and envelopes, telephone directories and books
|
|
12
|
Mercury-containing devices
|
Including fluorescent and compact tubes, high-intensity-discharge
(HID) and neon lamps, electrical switches, thermostats, thermometers
and any batteries containing mercury
|
|
13
|
Mixed office paper
|
Items listed in computer printout/white ledger category when
mixed with envelopes, manila folders and colored paper generated by
commercial/institutional sources
|
|
14
|
Newspaper
|
All paper marketed as newsprint or newspaper and containing
at least 70% newsprint or newspaper (American Paper Institute grades
Nos. 6, 7 and 8-news)
|
|
15
|
Plastic containers
|
Containers such as polyethylene terephthalate (PETE No. 1) soda
bottles, high-density polyethylene (HDPE No. 2) milk, water and detergent
bottles and food containers
|
|
16
|
Scrap autos
|
Crushed or shredded automobile or truck bodies, excluding auto
shredder residue or "fluff"
|
|
17
|
Steel cans
|
Rigid containers made exclusively or primarily of steel, tin-plated
steel, and composite steel and aluminum used to store food, beverages,
paint and a variety of other household and consumer products
|
|
18
|
Stumps, logs and tree parts
|
Unfinished wood from land clearing projects, storm damage or
pruning activities
|
|
19
|
Textiles
|
Textiles larger than 15 inches by 15 inches (e.g., clean clothing,
drapes, curtains, sheets, towels, cloth, belt, shoes, handbags, and
small stuffed animals)
|
|
20
|
Tires
|
Rubber-based scrap automotive and truck tires
|
|
21
|
Used consumer electronics
|
Any appliance used in a business that includes circuitry; includes
components and subassemblies of electronic products: computers and
peripherals, i.e., monitors, surge suppressors, APUs; printers; copiers;
VCRs and televisions; cell phones; fax machines; etc.
|
|
22
|
Used motor oil
|
Petroleum-based 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 in its
original purpose due to the presence of impurities or loss of original
properties
|
|
23
|
White goods and light iron
|
All large 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
|
|
24
|
Wood scrap
|
Unfinished lumber from construction or demolition projects including
pallets; "unfinished" shall mean nonchemically treated, that is 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
|
|
25
|
Nonferrous and aluminum scrap
|
All non-container aluminum, stainless steel, copper, zinc, brass,
and other metals which generally do not rust
|
Any building or structure, or complex of buildings in which
three or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (See N.J.S.A.
13:1E-99.13a.) and shall include hotels, motels, or other guesthouses
serving transient or seasonal guests as those terms are defined under
subsection (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.);
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.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Township
of Sandyston.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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.
Mandatory source separation. It shall be mandatory for all persons
who are owners, tenants, or occupants of residential and nonresidential
premises, which shall include but not be limited to retail and other
commercial locations, as well as government, schools and other institutional
locations within the Borough of Branchville, to separate designated
recyclable materials from all solid waste. Designated recyclable materials
shall be deposited separate and apart from other solid waste generated
by the owners, tenants, or occupants of such premises 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 Branchville
Borough.
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source separate from
the municipal solid waste stream, the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this article, a commercial or institutional generator of solid
waste shall file an application for exemption with the municipal recycling
coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled, and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the municipal recycling coordinator
of the total number of tons collected and recycled for each designated
material.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.
Glass
shall be cleaned and/or rinsed; all tops removed.
B.
Aluminum
and bimetal cans shall be rinsed.
C.
Plastic containers (Nos. 1 through 7) shall be cleaned and/or rinsed;
all tops removed.
D.
Magazines and junk mail shall be bundled separately, cross-tied and
secured in bundles not to exceed 50 pounds.
E.
Newspaper shall be bundled separately, cross-tied and secured in
bundles not to exceed 50 pounds.
F.
Corrugated/cardboard containers shall be knocked down and secured
in bundles not to exceed 50 pounds.
G.
All receptacles or dumpsters shall be kept in a clean and safe manner.
The owner of any property shall be responsible for compliance
with this article. The management or owner of multifamily units is
responsible for setting up and maintaining the recycling system, including
collection of recyclable materials, in accordance with guidelines
or regulations established by the appropriate municipal office. Violations
and penalty notices will be directed to the owner or management in
those instances where the violator is not easily identifiable. The
management or owner shall issue notification and collection rules
to new tenants when they arrive and every six months during their
occupancy.
A.
All
commercial and institutional generators of solid waste shall be required
to comply with the provisions of this article.
B.
The
arrangement for collection of designated recyclables hereunder shall
be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties, which provide out-of-doors
litter receptacles and disposal service for their contents, shall
also provide receptacles for designated recyclable materials for the
contents commonly deposited in those litter receptacles and shall
provide for separate recycling service for their contents.
C.
Every
business, institution, or industrial facility shall issue a report
on an annual basis to the Recycling Coordinator, on such forms as
may be prescribed, detailing recycling activities at their premises,
including the amount and type of recycled material collected and recycled
and the vendor(s) providing recycling service.
D.
All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle grease and/or cooking oil created in the processing
of food or food products, and maintain such records as may be prescribed
for inspection by any code enforcement officer.
A.
Any application to the Planning Board of the Borough of Branchville,
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 (Note:
A calculation of average amounts of materials generated from similar
facilities in the county may be provided to satisfy this requirement.);
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 Borough
of Branchville, 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 nonsegregated solid waste and recyclables to accumulate will
be considered a violation of this article and the local sanitary code.
C.
Once placed in the location identified by this article, or any rules
or regulations promulgated pursuant to this article, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
The Code Enforcement Official, the Board of Health, the Recycling
Coordinator and the Sussex County Department of Health are hereby
individually and severally empowered to enforce the provisions of
this article. An inspection may consist of sorting through containers
and opening of solid waste bags to detect the presence of any recyclable
material.
A.
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this article or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250 nor more than $1,000. Each
day for which a violation of this article occurs shall be considered
a separate offence.
(1)
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 for the expenses of the municipal recycling program,
including purchase of containers for distribution, educational materials
or inspection costs.
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.
