[HISTORY: Adopted by the Borough Council of the Borough of Carteret 7-20-1995 by Ord. No. 95-33.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 202, Recycling Program, adopted 5-21-1992 by Ord. No. 92-14, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
ALUMINUM CANS
Food and beverage containers made entirely of aluminum.
AUTHORITY
The Middlesex County Improvement Authority, a public body corporate and politic of the State of New Jersey, organized by the county pursuant to the County Improvement Authorities Law (N.J.S.A. 40:37A-44 et seq.).
AUTHORITY-COLLECTED RECYCLABLES
The following designated recyclables generated within the geographic boundaries of the municipality: newspaper, glass containers, aluminum cans, corrugated cardboard from residential and commercial sources, steel cans, plastic containers, mixed papers and textiles.
BRUSH
Branches, woody plants and other like vegetable material that does not exceed five inches in diameter and Christmas trees. "Brush" does not include leaves and grass clippings.
COMMENCEMENT DATE
The date upon which the Authority and the municipality agree that the Authority, through its contractor, will commence the provisions of recycling services.
COMINGLED CONTAINERS
Twenty-gallon plastic containers to be used by the residents to place plastic containers, glass containers, aluminum cans and steel cans at the curb for collection by the contractor, or such other container designated by the Authority for such use.
CORRUGATED CARDBOARD
Boxes and packing generally made from wood pulp and consisting of two smooth sides with a corrugated inner layer. Brown paper grocery bags are included.
COUNTY
The County of Middlesex, New Jersey.
COUNTY PLAN
The Middlesex County District Solid Waste Management Plan, adopted by the Board pursuant to the Solid Waste Management Act,[1] which provided for the collection, disposal and/or recycling of solid waste generated with the geographic boundaries of the county, as the same may be amended from time to time.
COUNTY-WIDE RECYCLING PROGRAM
The collection and marketing program for Authority-collected recyclables established by the county and the Authority for all participating municipalities in the county and funded, in part, with RRIT Funds allocated for this purpose.
DEP
The New Jersey Department of Environmental Protection or any successor agency.
DESIGNATED RECYCLABLES
All recyclable materials that are designated by the county in the County Plan as materials that must be source-separated from municipal solid waste at the point of generation. On the date of execution of this chapter, the recyclables designated by the county in the County Plan from residential (including multifamily), commercial, industrial and institutional governments and offices are: newspaper, aluminum cans, high-grade office paper, glass, steel, cans, plastic containers, mixed paper, textiles, leaves, motor oil and brush. The county may add or delete certain recyclable materials to the designated recyclables from time to time pursuant to a duly adopted amendment to the County Plan approved by the DEP.
GLASS CONTAINERS
All glass containers used for packaging food or beverages.
HIGH-GRADE OFFICE PAPER
Computer paper and desktop paper.
MIXED PAPER
Glossy inserts, magazines, telephone books, junk mail, colored paper, computer paper, office paper, paperboard (chipboard and pressboard), nonmetallic wrapping paper, softcover books, hardcover books with covers removed and fine paper.
[Added 4-10-2008 by Ord. No. 08-10]
MIXED-PAPER CONTAINER
A covered fourteen-gallon container in which residents will place mixed paper at the curb for collection by the contractor, or such container designated by the Authority for such purpose.
MOTOR OIL
A petroleum-based or synthetic oil whose use includes, but is not limited to, lubrication of internal combustion engines, which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
MUNICIPALITY
A municipal corporation of the State of New Jersey.
MUNICIPAL SOLID WASTE
I.D. Type 10 Waste as defined by N.J.A.C. 7.26-2.13(g)(i)(i).
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest.
PLASTIC CONTAINERS
Soda bottles made of PETE (SPT Code No. 1) and milk, water and laundry product bottles made of HDPE (SPI Code No. 2).
RECYCLING ORDINANCE
This chapter of the Code enacted by the Borough establishing the mandatory municipal recycling program implemented in accordance with the Solid Waste Management Act[2] and the County Plan, as the same shall be amended by the municipality to include the additional designated recyclables[3] and as to the same may be amended in the future from time to time for other purposes.
RESIDENTS
Private, commercial and institutional residents of the municipality that are required to recycle designated recyclables pursuant to the Recycling Ordinance.
STEEL CANS
Tin-plated, bimetal and other ferrous food and beverage containers.
TEXTILE BAG
A special bag to be provided by the Authority for the collection of textiles, or such other container to be designated by the Authority for such purposes.
TEXTILES
Clean, dry clothing or other fabric measuring at least one foot by one foot in size.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
[2]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
[3]
Editor's Note: See definition of "designated recyclables" above.
[Amended 4-10-2008 by Ord. No. 08-10]
All sectors and land-use groups shall recycle all of the following items:
A. 
Newspaper.
B. 
Aluminum cans.
C. 
Glass containers.
D. 
Plastic containers (soda, milk, water, laundry), excluding plastic bottles containing or that contained household hazardous waste products.
E. 
Steel cans.
F. 
Corrugated cardboard.
G. 
Mixed paper.
H. 
Textiles.
I. 
Motor oil.
J. 
Leaves.
K. 
Brush.
L. 
Effective December 1, 2007:
(1) 
For residential (including multifamily), commercial, industrial and institutional, governments and office parks:
(a) 
Masonry/paving material: asphalt, block, brick, cinder, and concrete.
(b) 
Rechargeable batteries: nickel cadmium (Ni-Cd), nickel metal hydride (Ni-MH), lithium ion (Li-ion) and small sealed lead (Pb).
(c) 
Tires: rubber-based scrap automotive, truck, and equipment. (All tires must be brought to the Borough's Recycling Center for disposal at the designated dropoff point established therefor.)
(d) 
White goods (appliances): washers, dryers, ranges, refrigerators, air conditioners, and dehumidifiers. Note: All CFCs in any white goods must be properly evacuated by licensed individuals, and all CFCs recovered must be sent to an EPA-approved reclaimer.
(2) 
For commercial, industrial and institutional, governments and office parks:
(a) 
Electronics: televisions, CPUs, monitors, laptops, and mercury-containing devices.
(b) 
Fluorescent bulbs: lamps that contain mercury.
(c) 
Plastic film: stretch/shrink wrap, plastic shopping bags: only for warehouses, retail establishments and supermarkets with 25 or more employees.
(d) 
Wood scrap: unfinished lumber from new construction projects, including pallets. "Unfinished" shall mean nonchemically treated (not pressure-treated, impregnated with preservatives, insecticides, fungicides, creosote, or other chemicals; not painted, resin-coated or otherwise surface-treated and not laminated or bonded; and not similarly altered from its natural condition). Only for new construction sites.
(3) 
Commercial establishments or contractors are responsible for removal of these items.
A. 
The Borough of Carteret hereby adopts this section to provide for recycling within its borders pursuant to the Recycling Act adopting herein the Middlesex County Recycling Plan as its official Municipal Recycling Program.
B. 
All residential and commercial contracts for solid waste collection and/or disposal within the borough shall be consistent with this section and the Middlesex County Recycling Plan.
C. 
The Borough of Carteret shall heretofore provide for a collection system for leaves generated from residential premises and shall require that persons occupying residential premises within these municipal boundaries source-separate leaves from solid waste generated at those premises and, unless leaves are stored or recycled for composting or mulching by the generator, place the leaves for collection in the manner provided in this chapter of the Code of the Borough of Carteret.
D. 
The Borough of Carteret shall heretofore provide for a collection system for brush generated from residential premises and require that persons occupying residential premises within these municipal boundaries source-separate brush from solid waste generated at those premises and place the brush for collection in the manner provided in this chapter of the Code of the Borough of Carteret.
E. 
The Borough of Carteret shall, at a minimum, within 30 days after the adoption of this section and at least once every six months thereafter, notify all persons occupying residential, commercial and institutional premises within these municipal boundaries of recycling opportunities and the source-separation requirements of this subsection. This municipality may, in its discretion, place an advertisement in public places where public notices are customarily posted or include a notice with other official notifications periodically mailed to residential taxpayers, or any combination thereof, as the municipality deems necessary and appropriate.
F. 
The Borough of Carteret shall prepare and distribute additional literature and other educational materials describing, among other things, the municipal recycling program established pursuant to the Recycling Ordinance; the county-wide recycling program and the recycling services to be provided within the geographic boundaries of the municipality; the designated recyclables to be source-separated; the manner or method of preparing source-separated material for collection; and the location and schedules for collection. All such literature and other educational materials shall be prepared in accordance with written guidelines established by the Authority and shall be approved by the Authority prior to distribution.
G. 
The borough will be responsible for collecting at the curb the leaves and brush.
(1) 
Leaves shall be placed between the sidewalk and the curb for pickup. Leaves containing branches, vines, grass clippings and other debris will not be picked up by the borough.
(2) 
Brush. The borough will collect tree branches, shrubbery, other yard clippings and Christmas trees. Materials should be tree branches and shrub branches preferably no longer than three feet. All materials should be stacked at the curb or as near to the curb as possible. Hedge clippings, twigs, small branches less than three feet (but not less than one foot) must be bundled with string only (no wire) and must be free of foreign debris, such as stones, dirt, metal, sweepings and rakings. No lumber, construction materials or roots are permitted. Any material placed at the curb that does not conform with these specifications will not be picked up by the borough.
(3) 
It shall be unlawful for any person to rake, blow or in any way deposit leaves in any public thoroughfare other than if bagged and placed upon curb for pickup.
[Added 12-19-1996 by Ord. No. 96-31]
H. 
At the time of issuance of any building permit, the Building Code Official will provide written instruction on proper disposal and recycling of construction and demolition waste and furnish a notification of construction/demolition activity form that must be filled out by the permittee and faxed to the Middlesex County Division of Solid Waste Management (MCDSWM) within 48 hours of the issuance of a municipal permit.
[Added 4-10-2008 by Ord. No. 08-10]
I. 
Effective March 31, 2008, all existing exemptions shall be revoked and must be reapplied for consistent with the following guidelines. The Borough may grant such exemptions or revoke the same, at any time, at its sole discretion. Exemptions are applicable to commercial and institutional (medical, educational, government) establishments only, not residential premises. Residential premises include single-family homes, garden and high-rise apartments, condos, townhouses, and other multifamily units.
[Added 4-10-2008 by Ord. No. 08-10]
(1) 
The mixed waste and recyclables taken from an eligible location may only be taken to a licensed "transfer station/MRF." That facility must have the ability to separate out for recycling all mandated recyclables that were commingled with the garbage.
(2) 
Exemptions are valid for a period of up to three years, which will begin on the date of issuance and expire on March 31 of the third year.
(3) 
No exemption renewal will be issued if the recycling tonnage report is not received by March 1 of each year.
(4) 
The generator must apply in writing for the exemption and receive an official written notice that it has been granted from the Borough's Recycling Coordinator or his/her designee. The exemption request must be accompanied by the following information and such additional information as may be requested by the Recycling Coordinator or his/her designee:
(a) 
A letter from the specified hauler agreeing to have the mandated materials separated, which must specifically list the materials that will be separated.
(b) 
A letter from the specified receiving facility, including the valid NJDEP permit number that states the mandated materials will be separated.
(c) 
An explanation of why its particular operation, circumstance or facility makes adhering to the source separation requirements of the recycling plan impractical.
(d) 
A description of the nature of the business and the estimated monthly and yearly tonnages of solid waste and designated recyclables to be generated by its facility. The generator must demonstrate that it has at least 75% mandated recyclables in its waste stream to qualify for the exemption.
(e) 
A list of mandated materials that the materials recovery facility will be recycling for its business.
(f) 
A description of how the generator disposed of its solid waste pursuant to Middlesex County's waste flow strategy (Plan Amendment 1997-3) and handled recyclables up to the date of the application.
(g) 
A listing of any violations cited (and disposition thereof) for the generator, with reference to the solid waste or recyclables generated from its facility.
(h) 
The application shall be certified under oath so that in the event there is a deliberate misstatement, the applicant will be subject to enforcement action.
(5) 
If, during the term of the exemption, the generator switches haulers, or the hauler switches the receiving facility, the existing exemption is no longer valid and must be reapplied for.
(6) 
If the generator is granted the exemption, the company is required to include signage in a prominent place that states that recyclable material is being sorted out at a materials recovery facility.
(7) 
The generator must be able to show the exemption approval and a copy of his/her waste removal contract when the exemption is claimed to the County Public Health Department Recycling Inspector.
(8) 
Any exemptions granted by the Borough will have to be material-specific, list the hauler name, and identify by street address the exact location of the business that has been granted the exemption. Businesses with more than one location must apply for exemptions for each location separately. A copy of each exemption granted must be submitted by the Borough to the Middlesex County DSWM.
(9) 
The Borough may charge a fee up to $250 to process an application for any said exemption.
[Added 4-10-2008 by Ord. No. 08-10[1]]
New developments of multifamily residential units or commercial, institutional or industrial properties (pursuant to N.J.S.A. 13:1E-99[2] and 99.16c) shall comply with the following:
A. 
Any application to the Planning Board of the Borough of Carteret 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 Borough of Carteret, 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 Borough 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.
[1]
Editor's Note: This ordinance also provided that former §§ 202-4, 202-5 and 202-6 shall be renumbered as §§ 202-5, 202-6 and 202-7, respectively.
[2]
Editor's Note: N.J.S.A. 13:1E-99 was repealed by L. 1987, c. 74, § 11, eff. 3-11-1987.
The enforcement of the recycling plan of the Borough of Carteret shall be provided individually and severally by the Borough of Carteret with regard to enforcement of this chapter, and/or by the borough's duly authorized agent and/or the New Jersey Department of Environmental Protection.
Any resident of the Borough of Carteret who is found to have violated the provisions of this chapter shall be subject to the following procedures and penalties:
A. 
A warning on the first occasion that said chapter is violated, and, thereafter,
B. 
A fine up to $500 per day of violation depending upon the extent of and circumstances of the violation to be assessed pursuant to N.J.S.A. 13:1E-9 by the authorized municipal officer or his designee as authorized hereby and pursuant to the inclusion of this chapter within the Middlesex County Solid Waste Management Plan.