Township of Carneys Point, NJ
Salem County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Carneys Point 12-9-1987 by Ord. No. 429. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 56.
Solid waste — See Ch. 256.
Article I Waste Separation and Recycling

§ 206-1 Title.

§ 206-2 Statement of purpose.

§ 206-3 Definitions.

§ 206-4 Designation of recyclable materials.

§ 206-5 Mandatory source separation and recycling requirements.

§ 206-5.1 Leaves and grass clippings.

§ 206-5.2 Requirements for commercial, institutional and industrial uses; new developments of multifamily residential units.

§ 206-6 (Reserved)

§ 206-6.1 Charitable organizations.

§ 206-7 Authority of Township Committee.

§ 206-8 Designation of containers.

§ 206-9 Responsibilities of owners; prohibition of unauthorized pickup and scavenging prohibited.

§ 206-9.1 Prohibition of collection of waste mixed with recyclables.

§ 206-10 Collection of solid waste.

§ 206-10.1 Method of placement for collection.

§ 206-10.2 Refusal to accept solid waste.

§ 206-10.3 Municipal Recycling Coordinator.

§ 206-10.4 Imposition of fees.

§ 206-10.5 Application.

§ 206-10.6 Issuance of label.

§ 206-10.7 Inappropriate use of labels.

§ 206-10.8 Violations and penalties.

§ 206-11 Enforcement.

Article II Littering and Waste Control

§ 206-12 Littering prohibited.

§ 206-13 Litter receptacles.

§ 206-14 Dumping along public ways.

§ 206-15 Storage of bulky household waste.

§ 206-16 Tires.

§ 206-17 Storage of vehicles.

§ 206-18 Inoperable vehicles.

§ 206-19 Uncovered vehicles; objects falling from vehicles.

§ 206-20 Construction sites.

§ 206-21 Open or overflowing waste disposal bins.

§ 206-22 Responsibility for nonresidential waste.

§ 206-23 When effective.

§ 206-24 Repealer.

§ 206-25 Severability.

§ 206-26 Violations and penalties.

[Amended 3-9-1988 by Ord. No. 431; 12-12-1990 by Ord. No. 499; 10-21-2009 by Ord. No. 838]

§ 206-1 Title.

This article shall be known as the "Carneys Point Township Waste Separation, Recycling and Waste Disposal Ordinance."

§ 206-2 Statement of purpose.

A. 
The Carneys Point Township Committee of the Township of Carneys Point finds that it is in the public interest to require the separation of designated waste materials from trash, garbage and other waste products which are collected by Carneys Point Township and are disposed of in a solid waste landfill facility. Obvious environmental and cost benefits will be derived from practicing waste minimization, and its importance as part of a comprehensive solid waste management plan cannot be overestimated. Hence, the Carneys Point Township Committee encourages all residents, along with commercial and institutional solid waste generators, to reduce waste at the source, to reuse materials when practical and to recycle waste when possible.
B. 
The Carneys Point Township Committee also recognizes its obligation to establish a mandatory recycling program under the provisions of P.L. 1987, c. 102,[1] as amended. In order to fulfill its obligations under state statute, to conserve recyclable materials for sale and reuse to the public benefit and to reduce the amount of solid waste to be disposed of in a sanitary landfill and thus to reduce the cost of disposal fees incurred by Carneys Point Township and its residents, the within chapter is hereby adopted and amended to comply with the provisions of the County Solid Waste Management Plan.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.

§ 206-3 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ASBESTOS-CONTAINING WASTE
All materials manufactured from asbestos, including but not limited to asbestos insulation, asbestos shingles, asbestos millboard, asbestos gloves or any solid waste which contains friable asbestos material.
BUILDING RUBBLE
Used masonry building materials, including block, cement, concrete, brick and stone.
BULK WASTE
Large items of solid waste which, because of their size or weight, require handling other than normally used for municipal wastes. "Bulk waste" includes but is not limited to such items as tree trunks, mattresses, demolition and construction materials, appliances and furniture.
COLLECTION
The act of picking up solid waste at its point of generation or storage and placing it in a vehicle.
COLLECTION HAULER
A person, firm or corporation engaged in the collection of solid waste and/or transportation of such waste between solid waste facilities.
COMMERCIAL SECTOR
Wholesale or retail businesses, professional and nonprofessional services and service establishments, such as restaurants, cafeterias, stores, markets, banks, theaters, hotels, motels, taverns and warehouses. The term shall also include administrative and nonindustrial functions at industrial sites. The term "commercial sector" shall be liberally construed in order to include all generators who are not defined as residential or institutional.
COMMERCIAL SECTOR RECYCLABLES
Recyclables originating in the commercial sector.
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
COMPOST
Thoroughly decomposed humidified organic matter produced through composting and suitable for application to soil.
COMPOSTING
The process of accelerated organic matter decomposition based on microbial self-heating; a process typically used for leaves at state-permitted vegetative waste or leaf composting facilities.
CONSTRUCTION/DEMOLITION DEBRIS
Wood, wood scraps, asphalt shingles, plaster, drywall, wire, pipe, nonasbestos insulation and similar waste resulting from the construction or demolition of buildings. "Construction/demolition debris" shall not include building rubble, as such term is defined herein.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Salem County Solid Waste Management Plan to be source separated for the purpose of recycling by residential, commercial, institutional and industrial sectors. These materials cannot be deposited in the landfill and include:
A. 
Residential.
(1) 
Glass containers (05) — All glass containers used for packaging food or beverages.
(2) 
Aluminum cans (06) — Food and beverage containers made entirely of aluminum.
(3) 
Newspaper (03) — All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute grades #6, #7 and #8 news).
(4) 
Mixed office (02) — All computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue, and notepad).
(5) 
Corrugated (01) — Containers and similar paper items, usually used to transport supplies, equipment, parts, or other merchandise.
(6) 
Other Paper/magazines/junk mail (04) — All magazine stock, white and colored paper and envelopes.
(7) 
Plastic (08) — Containers such as polyethylene terephthalate (PETE #1) soda bottles, high-density polyethylene (HDPE #2) milk, water or detergent bottles.
(8) 
Yard trimmings (19) — Leaves (19), grass clippings (18), stumps (20), brush (17), and other lawn and garden trimmings from homes, institutions, commercial or industrial sources.
(9) 
Steel cans (07) — 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.
(10) 
Tires (15) — Rubber-based scrap automotive, truck, and specialty tires (e.g., forklift tires).
(11) 
White goods and light iron (11) — 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, stainless steel and other nonstructural ferrous scrap.
(12) 
Food scraps (23) — Food plate waste and food processing wastes. Food processing wastes include food processing vegetative waste (material generated in trimming and reject sorting operations from the processing of fruits and vegetables in canneries or similar industries, e.g., tomato skins, pepper cores, bean snips, cranberry hulls, etc.), food processing residuals and animal processing wastes. If the material is transported and processed as animal feed, it may be identified as such.
(13) 
Textiles (29) — Cloth material such as cotton, linen, wool, nylon, polyester, etc., derived from clothing, cloth diapers, linens, etc.
B. 
Commercial.
(1) 
Glass containers (05) — All glass containers used for packaging food or beverages.
(2) 
Aluminum cans (06) — Food and beverage containers made entirely of aluminum.
(3) 
Newspaper (03) — All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute grades #6, #7 and #8 news).
(4) 
Mixed office (02) — All computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue, and notepad.
(5) 
Corrugated (01) — Containers and similar paper items, usually used to transport supplies, equipment, parts, or other merchandise.
(6) 
Other paper/magazines/junk mail (04) — All magazine stock, white and colored paper and envelopes.
(7) 
Plastic (08) — Containers such as polyethylene terephthalate (PETE #1) soda bottles, high-density polyethylene (HDPE #2) milk, water or detergent bottles.
(8) 
Steel cans (07) — 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.
(9) 
Tires (15) — Rubber-based scrap automotive, truck, and specialty tires (e.g., forklift tires).
(10) 
White goods and light iron (11) — 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, stainless steel and other nonstructural ferrous scrap.
(11) 
Food scraps (23) — Food plate waste and food processing wastes. Food processing wastes include food processing vegetative waste (material generated in trimming and reject sorting operations from the processing of fruits and vegetables in canneries or similar industries, e.g., tomato skins, pepper cores, bean snips, cranberry hulls, etc.), food processing residuals and animal processing wastes. If the material is transported and processed as animal feed, it may be identified as such.
(12) 
Textiles (29) — Cloth material such as cotton, linen, wool, nylon, polyester, etc., derived from clothing, cloth diapers, linens, etc.
FERROUS WASTE
All waste products constructed or manufactured of or containing iron.
FRIABLE ASBESTOS MATERIAL
Any material that contains more than 1% asbestos by weight, which material can be crumbled, pulverized or reduced to powder, when dry, by hand pressure.
GARBAGE
Putrescible animal, fish, fowl, fruit or vegetable waste incident to and resulting from the use, preparation, cooking and consumption of food.
HAZARDOUS WASTE
Any solid waste or combination of solid wastes, including toxic, corrosive, irritating, sensitizing, radioactive, biologically infectious, explosive or flammable solid waste, which poses a present or potential threat to human health, living organisms or the environment, provided that the solid waste is defined as hazardous pursuant to N.J.A.C. 7:26-8.
HDPE
Plastic products manufactured from high-density polyethylene, including but not limited to containers for milk, juice, water, many laundry detergents and fabric softeners, which containers display the plastic container code number two, shown clearly within the recycling symbol triangle.
HOUSEHOLD HAZARDOUS WASTE
Residentially generated hazardous waste, including but not limited to paints and pesticides.
INFECTIOUS WASTE
Pathological or medical solid waste that is defined as infectious by the Department.
INSTITUTIONAL SECTOR
Schools, hospitals, churches, nursing homes, care centers, libraries, governmental operations, research institutions and public buildings.
INSTITUTIONAL SECTOR RECYCLABLES
Recyclable materials originating in the institutional sector.
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body and who shall be authorized to enforce the provisions of this article, and any rules and regulations that may be promulgated hereunder. This appointee shall also be responsible to assure that all materials recycled in the municipality are properly reported and recorded.
MUNICIPAL RECYCLING ENFORCEMENT OFFICER
Person or persons appointed by the Carneys Point Township Committee who shall be authorized to enforce the article as directed by the Municipal Recycling Coordinator.
MUNICIPAL RECYCLING DEPOT
A facility at which commercial, residential and institutional generators may deposit designated recyclable materials in a market-ready state and which recyclable materials do not require further separation or processing prior to marketing.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and institutional establishments within the boundaries of the municipality of Carneys Point.
NONFERROUS WASTE
Waste metal products which do not include iron.
NONRECYCLABLE PAPER
Paper products currently unsuitable for recycling, including the following: carbon paper, Post-it® notes, tissue products, paper plates/cups, paper towels, foil-lined paper, synthetic paper, paper beverage containers, chemically-treated NCR, glue-bound books or laminated pads, plastic-coated paper (identified by slippery and somewhat shiny texture and nonrip quality), gummed labels and stickers, window envelopes, waxed papers, gum wrappers, thermal copy paper, mimeo stencils, photographs and film and blueprints.
A. 
Vegetative waste (other than leaves), such as brush, tree branches, bushes and tree stumps.
B. 
Building rubble (separated from construction/demolition debris).
PETE
Plastic products manufactured from polyethylene terephthalate, including but not limited to containers for soft drinks, which products will generally display the plastic container code number one, shown clearly within the recycling symbol triangle.
PLASTIC CONTAINER CODES SYSTEM
An identification system used by manufacturers to identify seven different types of plastic materials through a code number (a single digit one through seven) displayed within a recycling symbol triangle on the bottom of each container. The respective plastic container codes are as follows:
Number
Code
Material
1
PETE
Polyethylene terephthalate
2
HDPE
High-density polyethylene
3
V
Vinyl/polyvinyl chloride
4
LDPE
Low-density polyethylene
5
PP
Polypropylene
6
PS
Polystyrene
7
Other
All other resins and layered multimaterial
POTW (PUBLICLY OWNED TREATMENT WORKS)
Any device or system used in the treatment, including recycling and reclamation, of municipal sewage or industrial wastes of a liquid nature which is owned by the state, a municipality or a public authority. This definition includes sewers, pipes or other conveyances only if they convey wastewater to a "POTW" providing treatment.
PUTRESCIBLE WASTE
Any waste likely to enter into a state of putrefaction, the typically anaerobic splitting of a protein by bacteria and fungi with the formation of foul-smelling, incompletely oxidized products.
RCRA
Resource Conservation and Recovery Act (hazardous waste regulations).
RECYCLABLE MATERIAL
Those materials that 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.
RECYCLING CENTER
A facility, approved by the Department, designed and operated solely for receiving, storing, processing and transferring source-separated, nonputrescible or source-separated commingled nonputrescible metal, glass, paper, plastic containers, corrugated and other cardboard or other recyclable materials.
RESIDENTIAL SECTOR
Households and private residences, including mobile homes, multifamily structures and apartment complexes.
RESIDENTIAL SECTOR RECYCLABLES
Recyclable materials originating in the residential sector.
SCAVENGING
The unauthorized removal of solid waste material, including designated recyclables.
SCUA
The Salem County Utilities Authority.
SOLID WASTE
All trash, garbage and other waste products. "Solid waste" does not include any item designated as a recyclable material.
SOLID WASTE FACILITY
Any system, site, equipment or building which is utilized for the storage, collection, processing, transfer, transportation, separation, recycling, recovering or disposal of solid waste, but not including a recycling center.
SOLID WASTE MANAGEMENT
The purposeful, systematic control of the generation, storage, collection, processing, transfer, transportation, separation, recycling, recovery and disposal of solid wastes.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials that are separated at the point of generation by the generator thereof from solid waste for the purpose 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.
SWAC
The Salem County Solid Waste Advisory Committee.
TRASH
Nonputrescible residential, commercial or institutional solid wastes from which all designated recyclables and other recyclables have been source separated.
WASTE OIL
A 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, such as crankcase oil.

§ 206-4 Designation of recyclable materials.

The Carneys Point Township Committee determines that the materials designated within the Salem County Solid Waste Management Plan as defined in § 206-3 shall be source separated and designated recyclable materials within the Township of Carneys Point. The Township Committee may, from time to time, designate additional items as recyclable materials. Such determination shall be made by resolution.

§ 206-5 Mandatory source separation and recycling requirements.

A. 
Mandatory source separation.
(1) 
It shall be mandatory for all persons who are owners, lessees, tenants or occupants of residential and nonresidential premises, including but not limited to retail and commercial locations, government, schools, and other institutional locations within the municipality of Carneys Point, to separate designated recyclable materials from all solid waste. Designated recyclable material shall be placed separately at the curb in a manner and in such days and times as may be established by the Township of Carneys Point.
(2) 
When municipal curbside collection is not provided for designated recyclable materials, as is the case for those recyclables generated by commercial and institutional entities, it shall be the obligation of the generator to arrange for the private collection and delivery of designated recyclable materials to a recycling facility or to deliver designated recyclable materials to a municipal recycling depot designated by the Township of Carneys Point.
B. 
Residential dwelling requirements.
(1) 
The owner of each property shall be responsible for compliance with this article. For multifamily dwelling units, including but not limited to condominium complexes and seasonal hotel/motels and guesthouses, the management or owner is responsible for setting up and maintaining the recycling system, including collection of source-separated recyclable materials. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The owner or management shall issue notification and collection rules regarding recycling requirements to all new tenants when they arrive and with a reminder a minimum of every six months during their occupancy.
(2) 
The owner or occupant of any residential property located within the Township of Carneys Point who shall place for disposal, removal or collection the items defined in this article shall do so in strict conformity with the following regulations:
(a) 
It is the responsibility of the property owner to provide adequate size and number of containers for the separate placement of recyclables for curbside collection as follows:
[1] 
Paper products may be commingled in one container or may be placed in brown paper bags; however, plastic bags shall not be used for curbside collection of paper products; glass food and beverage containers, metal food and beverage containers, and plastic bottles and jugs may be commingled in one container.
[2] 
All containers and brown paper bags continuing source-separated recyclable materials shall be placed, prior to collection, between the curb and sidewalk, or in the absence of curb and sidewalk, as near to the street as possible as not to constitute a danger where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians.
[3] 
The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition.
(b) 
All receptacles or dumpsters shall be maintained in a clean and safe manner.
(c) 
Vegetative waste, such as limbs, branches, small trees and bushes, shall be cut in lengths not to exceed four feet and placed neatly at the curbline. Any exceptions to this length requirement must be approved by the Superintendent of the Township Streets and Roads Department.
(d) 
Leaves shall be mulched or composted on site by the property owner or placed in plastic lawn or leaf bags at the curbside. (See § 206-5.1 for additional requirements for leaf generators.)
(e) 
Grass clippings shall be mulched or composted on site by the property owner or placed in plastic lawn or leaf bags at the curbside. (See § 206-5.1 for additional requirements for grass clippings.)
(f) 
White goods, ferrous waste and nonferrous waste shall be placed at curbside at a time and date agreed upon, in advance, by the owner or occupant of the property and the Superintendent of the Township Streets and Roads Department.
(g) 
All other items not heretofore defined in this section or subsequently designated as recyclable materials by the Township Committee shall be considered as trash and debris, and said items shall be placed in metal or heavy-duty plastic containers, which containers are to be secured by a lid. No container shall exceed thirty-two-gallon capacity, and no container, when filled, shall exceed a weight of 50 pounds.

§ 206-5.1 Leaves and grass clippings.

A. 
No person, firm or corporation shall place leaves or grass clippings for disposal as solid waste at the Salem County Solid Waste Facility.
B. 
No person, firm or corporation shall permit leaves and/or grass clippings to become mixed with nonorganic materials, paper, plastic, metal, wood or other materials.
C. 
No person, firm or corporation shall permit leaves or grass clippings to be mixed with garbage, solid waste or designated recyclable materials.
D. 
No person, firm, hauler or corporation shall collect solid waste in which leaves or grass clippings have been mixed.
E. 
The Township Committee shall cause notification to be given to residential leaf generators within the Township of the requirements of this section of this article the duties and responsibilities of each such generator, the persons designated as enforcement officers under this article, and the fines and penalties imposed for violation of this article.

§ 206-5.2 Requirements for commercial, institutional and industrial uses; new developments of multifamily residential units.

A. 
All commercial, business or industrial facilities shall be required to comply with the provisions of this article.
B. 
The arrangement for collection of all categories of designated mandatory recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, except for those specific designated recyclable materials that are collected by the municipality from that property. All commercial, institutional or industrial properties at which litter is generated by employees or the public shall provide litter and recycling receptacles. These properties shall provide for separate recycling collection services for the contents of the recycling receptacles.
C. 
Every business, institution or industrial facility shall report on a quarterly basis to the Municipal Recycling Coordinator on such forms as may be prescribed, regarding recycling activities at their premises, including the amount and type of recycled material not placed curbside for municipal collection. If material is removed from the premises by a hauler, recycler or paper shredder, the quantity and final disposition of the material is to be reported on the form.
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 the inspection by a code enforcement officer.
E. 
Any application to the Planning Board of the Township of Carneys Point for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of three or more units or any commercial, institution or industrial development of 1,000 square feet or more must include a recycling plan. This plan shall 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.
F. 
Prior to the issuance of a certificate of occupancy by the municipality of the Township of Carneys Point, 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 designated recyclable materials for those locations or properties where the municipally does not otherwise provide the service.

§ 206-6 (Reserved)

§ 206-6.1 Charitable organizations.

For the purposes of this article, charitable organizations shall be considered as institutional uses and shall be subject to § 206-5.2 of this article.

§ 206-7 Authority of Township Committee.

The Township Committee is hereby authorized to promulgate, from time to time, additional rules and regulations relating to source separation, preparation, placement and collection of recyclable materials pursuant to the provisions of this program and article; provided, however, that such rules and regulations shall not be inconsistent with terms and provisions of this article and shall be approved by the governing body. Such rules and regulations shall be duly promulgated subsequent to publication so that the public has had notice hereof.

§ 206-8 Designation of containers.

If any recyclable product is placed at curbside in a manner wherein said product is not easily visible to the collector, the container shall be marked in a clear and visible fashion by the occupant or owner of the property so as to indicate the contents of said receptacle.

§ 206-9 Responsibilities of owners; prohibition of unauthorized pickup and scavenging prohibited.

A. 
It shall be the responsibility of the owner or occupant to properly segregate the uncollected waste for proper disposal and/or recycling. Allowing such unseparated solid waste and recyclables to accumulate at the curbside beyond 7:00 p.m. on the day of collection will be considered a violation of this article and the local sanitary code.
B. 
Once placed in the location identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than any personnel authorized by the municipality or the owner or occupant responsible for placement of the designated recyclable materials for collection, shall tamper with, collect, remove, or otherwise handle designated recyclable materials. Upon placement of such designated recyclable material, it shall become property of the municipality or its authorized agent. It shall be a violation of this article for any person not duly authorized to collect or pick up or cause to be collected or picked up any recyclable materials that are the property of the municipality as provided for above.

§ 206-9.1 Prohibition of collection of waste mixed with recyclables.

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.

§ 206-10 Collection of solid waste.

The collection, removal and disposal of solid waste and recyclable material from residential properties in Carneys Point Township shall be supervised by the Superintendent of the Department of Streets and Roads in accordance with this article. The following shall not be accepted for collection:
A. 
Any and all waste material generated outside of Carneys Point Township.
B. 
Any waste material not accepted by the Salem County Solid Waste Facility. Prohibited wastes include but are not limited to the following:
(1) 
Any and all waste material generated outside of Salem County.
(2) 
Discarded automobiles, trucks, trailers and large vehicle parts.
(3) 
N.J.A.C. Type No. 12, sewage sludge.
(4) 
N.J.A.C. Type No. 17, dry hazardous waste.
(5) 
N.J.A.C. Type No. 26, hazardous waste oil spill cleanup waste.
(6) 
N.J.A.C. Type No. 28, infectious waste.
(7) 
N.J.A.C. Type No. 70, waste oil and sludge.
(8) 
N.J.A.C. Type No. 72, bulk liquids and semiliquids.
(9) 
N.J.A.C. Type No. 73, septic tank cleanout wastes.
(10) 
N.J.A.C. Type No. 74, liquid sewage sludge.
(11) 
N.J.A.C. Type No. 76, liquid hazardous waste.
(12) 
N.J.A.C. Type No. 77, liquid chemical waste.
(13) 
Empty pesticide containers not triple-rinsed or determined not to be empty and nonhazardous as set forth in N.J.A.C. 7:26-8.4.
C. 
Any waste material not accepted by the Salem County Solid Waste Facility without special arrangements, special packaging, special handling or special fees. Such wastes include but are not limited to the following:
(1) 
N.J.A.C. Type No. 27, dry nonhazardous industrial waste (asbestos shingles).
(2) 
N.J.A.C. Type No. 27A, industrial waste, asbestos (insulation, sheetrock or loose).
(3) 
Animal and food processing waste.
D. 
Spent lead-acid batteries and household batteries.
E. 
Household hazardous wastes (residentially generated hazardous wastes, usually in the form of discarded commercial chemical products).
F. 
Waste oils identified by the following generic New Jersey hazardous waste numbers: X721, X722, X723, X724, X725, X726 and X727, regardless of whether such oils were generated from residential, commercial or institutional entities.
G. 
Brush and trees or parts of trees in excess of the limitations stated in § 206-5B(2)(c).
H. 
Waste resulting from the demolition or renovation of buildings. For all activities that require municipal approval, such as construction, demolition or public event permits, a designated recyclable materials plan shall be filed along with all other required permit conditions. The plan shall include provisions for the recovery of all designated recyclable materials generated during construction, renovation and demolition activities, as well as, public events. The Municipal Recycling Coordinator shall review the information submitted pursuant to this section of this article and determine, prior to the issuance of municipal approval or permit, whether the plan submitted by the owner of the entity carrying out the covered activity will comply or fail to comply with the recycling requirements set forth herein. The determination regarding compliance will be provided to the Municipal Works Director/Supervisor and the owner of the entity carrying out the covered project in writing. When such plan is deemed not compliant, the Municipal Recycling Coordinator shall include specific conditions to be implemented by the permit holder to achieve compliance. It shall be a violation of this article for any permit holder to fail to comply with the recycling requirements set forth herein.
I. 
Tires.

§ 206-10.1 Method of placement for collection.

A. 
All containers for solid waste and designated recyclable materials shall be supplied by the occupant or owner of the premises. Said containers shall meet the specifications set forth in § 206-5 hereof. Said containers shall be readily accessible to the collector. The occupant or owner shall keep all containers clean and in a condition for safe handling.
B. 
Containers and items to be disposed of shall be placed at the curbline no earlier than 6:00 p.m. of the day immediately preceding the day of collection. After collection, all empty containers are to be removed by the owner or occupant of the property not later than 8:00 p.m. of the day of collection.
C. 
The Township Committee shall have the power to establish the time, method and routes of service for pickup of solid waste.

§ 206-10.2 Refusal to accept solid waste.

In addition to any of the remedies provided herein for violation of this article, the Township shall have the right to refuse to collect any solid waste or recyclable materials in the event that the property owner or occupant has not complied with the provisions of this article.

§ 206-10.3 Municipal Recycling Coordinator.

The Municipal Recycling Coordinator shall be responsible for coordinating and overseeing recycling efforts within the Township and the filing of all reports and notices as required by law. Such reports include but are not limited to:
A. 
Weight for designated recyclable materials, to be provided to the County Recycling Coordinator within 20 days after the last day of June and within 20 days of the last day of December.
B. 
Composting data related to the disposal of leaves, to be provided to the Salem County Deputy Director for Recycling by August 1 of each year.
C. 
A report, to be filed with the Salem County Utilities Authority, certifying compliance with the Recycling Ordinance, said report to be filed not later than December 1 of each year.

§ 206-10.4 Imposition of fees.

There is hereby created a fee for the collection, transportation and disposal of bulk waste in the Township of Carneys Point. The fee for bulk waste shall be as hereinafter set forth:
Item
Fee
Large truck or tractor tire
$20
Piano/organ
$20
Truck caps/bedliners
$20
Refrigerator
$10
Freezer
$10
Air conditioner
$10
Dehumidifier
$10
Other appliance using Freon
$10
Sofa bed
$10
Small truck tire
$10
Mattress, queen and king
$10
Tub
$10
TV 32 inches and above
$10
Riding mower
$10
Sofa bed with recliner/ sectional
$10
Boiler
$10
Washer
$5
Dryer
$5
Stove
$5
Hot water heater
$5
Dishwasher
$5
Gas grill
$5
Sofa
$5
Stuffed chair
$5
Recliner
$5
TV up to 30 inches
$5
Bureau
$5
Dresser
$5
Desk
$5
Table
$5
Mattress, twin and full
$5
Box spring, all sizes
$5
Headboards (wood or metal)
$5
Dining tables
$5
Chairs, lounges (outdoor furniture)
$5
Microwaves
$5
Computers (monitors and towers)
$5
Bathroom vanity
$5
Toilet
$5
Push mower
$5
Entertainment center
$5
Chair
$2
Car tire without rim
$2
Coffee/end table
$2
Helium tank (party balloons)
$2
Vehicle batteries
$2

§ 206-10.5 Application.

The Carneys Point Township Clerk shall develop an application form which shall be utilized in connection with the collection of bulk waste. The application form shall include the name, address and telephone number of the applicant, the item of bulk waste to be collected and the fee paid for said collection. Application forms shall be available at the office of the Township Clerk and the Chief Municipal Finance Officer. Each person, firm or corporation desiring the collection of bulk waste shall complete an application form and file same with the Township Clerk or the Chief Municipal Finance Officer.

§ 206-10.6 Issuance of label.

Upon the filing of a completed application form as required pursuant to § 206-10.5 hereof, and payment of the fee as required pursuant to § 206-10.4 hereof, the Township Clerk shall issue a label to the applicant. Said label shall be affixed to the item of bulk waste to be collected by Carneys Point Township. No item of bulk waste shall be collected by the Township of Carneys Point, its agents or employees, unless an appropriate label has been affixed thereto.

§ 206-10.7 Inappropriate use of labels.

Any person who attempts to duplicate or counterfeit a label, or reuse a canceled label, shall be in violation of this article and shall be subject to prosecution in the Municipal Court.

§ 206-10.8 Violations and penalties.

Any person, firm or corporation who shall violate Article I of the provisions of this article shall be subject to a fine of not less than $50 and not more than $1,000 or imprisonment in the Salem County Correctional Facility for a term not to exceed 90 days, or both by such fine and imprisonment, in the discretion of the Municipal Judge. The continuation of any violation for each successive day shall constitute a separate offense, and the person, persons, or entity allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. Any violation may be afforded warnings at the discretion of the enforcement designees before the issuance of any fines.

§ 206-11 Enforcement.

The Municipal Recycling Enforcement Officer(s) are hereby individually and severally empowered to enforce the provisions of this article. The enforcers of this article may conduct an inspection at the site of the generator, which consists of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any designated recyclable materials. However, any official or employee of Carneys Point Township shall be authorized to sign a complaint in the Municipal Court of Carneys Point Township for violation of any of the terms of this article. Additionally, the Salem County Health Department (SCHD) shall be empowered to enforce the provisions of this article. The municipality shall retain primary enforcement responsibility with the SCHD also serving in an enforcement role, which includes inspection of commercial establishments and multifamily residential.
[Added 10-26-1988 by Ord. No. 443]

§ 206-12 Littering prohibited.

A. 
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property other than a litter receptacle.
B. 
"Litter" means any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material or any combination thereof, including but not limited to any bottle, jar or can or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material, any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
C. 
In the event that any litter, as such term is defined in § 206-12B hereof, is found to contain the name, address or other reliable identification connecting said litter to a person, firm or corporation, such finding shall create a prima facie presumption that such litter was placed at its location by such person, firm or corporation.
[Added 4-11-1990 by Ord. No. 481]

§ 206-13 Litter receptacles.

A. 
Litter receptacles and their servicing are required at the following public places which exist in the municipality: sidewalks used by pedestrians in active retail commercially zoned areas such that, at a minimum, there shall be no single linear quarter mile without a receptacle; buildings held out for use by the public, including schools, government buildings and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
B. 
"Litter receptacle" means a container suitable for the depositing of litter.

§ 206-14 Dumping along public ways.

It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicles or vehicle parts, rubber tires, appliances, furniture or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.

§ 206-15 Storage of bulky household waste.

It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.

§ 206-16 Tires.

It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.

§ 206-17 Storage of vehicles.

It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn.

§ 206-18 Inoperable vehicles.

It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots and residential lawns, except in a fully enclosed structure, any motor vehicle, trailer or semitrailer which is missing tires, wheels, engine or any essential parts; or which displays extensive body damage or deterioration; or which does not display a current valid state license; or which is wrecked, disassembled or partially disassembled.

§ 206-19 Uncovered vehicles; objects falling from vehicles.

It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects have fallen or escaped which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs therefor.

§ 206-20 Construction sites.

It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.

§ 206-21 Open or overflowing waste disposal bins.

It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.

§ 206-22 Responsibility for nonresidential waste.

Any waste generated by an industrial, business or commercial use shall be disposed of lawfully by the owner or operator of said industrial, business or commercial use. Commercial use shall include all apartment buildings consisting of three or more dwelling units.

§ 206-23 When effective.

This Article shall be effective upon publication in accordance with law.

§ 206-24 Repealer.

All ordinances or parts of ordinances inconsistent herewith are repealed to the extent of such inconsistency.

§ 206-25 Severability.

If any section, paragraph, subsection, clause or provision of this Article shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Article as a whole or any other part thereof.

§ 206-26 Violations and penalties.

[Added 5-9-1990 by Ord. No. 483]
A. 
Any person, firm or corporation violating any of the provisions of the Carneys Point Township Code, § 206-12, entitled "Littering prohibited," or § 206-14, entitled "Dumping along public ways," shall be subject to the following penalties:
(1) 
Upon conviction of a first offense: a fine of not less than $100 nor more than $500.
(2) 
Upon conviction of a second offense: a fine of not less than $250 nor more than $1,000.
(3) 
Upon conviction of a third and subsequent offenses: a fine of not more than $500, nor more than $1,000.
B. 
In addition to the fines set forth above, any person convicted of a violation of § 206-12 or 206-14 of the Carneys Point Township Code may also be sentenced to imprisonment in the Salem County Jail for a period not to exceed 90 days. The Carneys Point Township Municipal Court may also require any person, firm or corporation convicted of a violation of § 206-12 or 206-14 to perform community service for a period of not more than 90 days or to pay such restitution as is required in order to reimburse the Township or such other person who has removed the litter or waste unlawfully disposed of by the person, firm or corporation convicted of violating § 206-12 or 206-14 of the Carneys Point Township Code.[1]
[1]
Editor’s Note: Former Art. III, Solid Waste Collection Fees, added 6-15-2011 by Ord. No. 858, which immediately followed this subsection, was repealed 2-6-2013 by Ord. No. 875.