[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Editor's Note: This ordinance superseded former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:
Food and beverage containers made entirely of aluminum.
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.).
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.
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.
The date upon which the Authority and the municipality agree
that the Authority, through its contractor, will commence the provisions
of recycling services.
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.
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.
The County of Middlesex, New Jersey.
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.
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.
The New Jersey Department of Environmental Protection or
any successor agency.
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.
All glass containers used for packaging food or beverages.
Computer paper and desktop 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]
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.
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.
A municipal corporation of the State of New Jersey.
I.D. Type 10 Waste as defined by N.J.A.C. 7.26-2.13(g)(i)(i).
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.
Soda bottles made of PETE (SPT Code No. 1) and milk, water
and laundry product bottles made of HDPE (SPI Code No. 2).
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.
Private, commercial and institutional residents of the municipality
that are required to recycle designated recyclables pursuant to the
Recycling Ordinance.
Tin-plated, bimetal and other ferrous food and beverage containers.
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.
Clean, dry clothing or other fabric measuring at least one
foot by one foot in size.
[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.
No person, corporation or entity shall pick
up, collect or store recyclable items unless properly approved by
the borough.
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.
