[HISTORY: Adopted by the Township Committee of the Township of Kingwood 6-1-2010 by Ord. No. 16-10-2010.[1] Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Appendix A
[1]
Editor's Note: This ordinance also repealed former Ch. 97, Recycling, adopted 5-18-1992 by Ord. No. 8-8-92, as amended.
A. 
Township program. The collection of recyclable materials shall be in accordance with the schedule established between the individual resident and his or her solid waste hauler-collector. In addition, the municipality may provide for a municipal recycling depot for residential materials; rules and regulations and hours of operations are to be set by the municipality.
[Amended 4-1-2021 by Ord. No. 21-08-2021]
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
COUNTY
The implementing agency for the Hunterdon County Solid Waste Management Plan, the Hunterdon County Utilities Authority.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Hunterdon County District Solid Waste Management Plan to be source-separated for the purpose of recycling. These materials are included in Appendix A.[1]
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body who shall be authorized to enforce the provisions of this chapter, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within Kingwood Township.
NONRESIDENTIAL ESTABLISHMENT
All entities, including but not limited to all commercial, industrial or institutional establishments, which operate or conduct any business whatsoever which cannot be included within in the definitions of a residential premises or complex.
RECYCLABLE MATERIAL
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.
RESIDENTIAL DWELLING
Any building or structure or complex of buildings in which less than three 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).
RESIDENTIAL DWELLING COMPLEX
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 guest houses 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.).
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes 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.
[1]
Editor's Note: Said Appendix A is included as an attachment to this chapter.
A. 
In order to carry out the requirements of the New Jersey Mandatory Source-Separation and Recycling Act ("Act") and the Hunterdon County Recycling Plan ("Plan"), the position of Municipal Recycling Coordinator is hereby established. The Municipal Recycling Coordinator shall be responsible for compliance with said Act, Plan and applicable Township regulations.
B. 
The Municipal Recycling Coordinator will be annually appointed by the Township Committee and will serve a term of one year. The Mayor shall annually affirm in writing the name of the person holding the position of Municipal Recycling Coordinator, and the Township Committee will set the amount of salary for the position.
C. 
The Recycling Coordinator will report to the governing body or its designee at least once annually on the status of the Municipal Recycling Program, and shall from time to time advise and make recommendations as to how the requirements set forth in this chapter may be effectuated.
D. 
The Municipal Recycling Coordinator will attend all Municipal Recycling Coordinator meetings as designated by the governing body. This includes meetings that are conducted by the state, the county or other appropriate organizations.
A. 
It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which nonresidential premises shall include, but not be limited to, retail and other commercial locations, as well as government, schools and other institutional locations within Kingwood Township, 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 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 Kingwood Township, or alternatively, as established by privately operated solid waste management companies with whom the resident or business has contracted.
B. 
Each category of recyclable material must be prepared for collection as specified in Appendix A;[1] or delivered to the Township residential recycling depot (if applicable); or prepared for collection by the resident's solid waste hauler-collector in accordance with the hauler's instructions.
[Amended 4-1-2021 by Ord. No. 21-08-2021]
[1]
Editor's Note: Said Appendix A is included as an attachment to this chapter.
C. 
Every owner and/or occupant of residential or nonresidential premises must contract for the removal and disposition of recyclable materials as set forth in this chapter from a private contractor, unless the municipality, in its discretion, determines to provide for the collection of designated recyclable materials. Residential recycling contracts must comply with the provisions of this section and must further provide for not less than monthly pick-up.
D. 
In the event that a municipal, county or state facility accepts mandatory recyclable material as set forth in this chapter, the residential and/or nonresidential owner or occupant may utilize such facility, to the extent permitted by the owner or operator of such facility.
A. 
The occupant(s) and owner(s) of any residential property shall be responsible for compliance with this chapter. For multifamily units, the owner is responsible for setting up and maintaining a 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 occupant. In instances where the violator is not easily identifiable, violations and penalty notices will be directed to the owner. The owner shall issue notification and collection rules to occupants when they arrive and at least twice annually during their occupancy.
B. 
Failure of occupant(s) and/or owner(s) of any residential property to abide by the rules and regulations of this section may result in fines of not less than $50 nor more than $250 for each month of noncompliance. Prior to taking enforcement action pursuant to this section, the Recycling Coordinator or other enforcement officer shall issue one warning to any occupant who is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.
A. 
The occupant(s) and owner(s) of any residential property shall be responsible for compliance with this chapter. Unless the municipality provides for the collection of designated recyclable materials, the owner of each residential complex is responsible for providing a recycling depot for the entire complex. The depot shall be equipped with owner- or contractor-supplied receptacles for each category of designated recyclable material.
B. 
Failure of an occupant within a residential complex to comply with the requirements of this chapter may result in fines of not less than $50 nor more than $250 for each month of noncompliance.
C. 
The owner shall issue notification and collection rules to new tenants when they arrive and at least twice annually during their occupancy.
D. 
Unless the municipality provides for the collection of designated recyclable materials, the owner of each residential complex shall report to the Municipal Recycling Coordinator, by February 15th of each year, the recycling activity of the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The county must also be copied on this information.
E. 
Failure of an owner to abide by the rules and regulations of this section may result in fines of up to $250 for each month of noncompliance. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to the owner who is in violation of this section. The warning shall include educational information regarding proper procedures for recycling including instruction as to how the owner can reasonably provide adequate recycling facilities to ensure compliance with this chapter.
A. 
All nonresidential establishments generating solid waste shall be required to comply with the provisions of this chapter.
B. 
All nonresidential establishments will provide outdoor litter and recycling receptacles for the collection of designated recyclable materials. All nonresidential establishments that provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
C. 
Unless the property owner or municipality provides for the collection of designated recyclable materials, every occupant of a commercial, industrial or institutional facility or their designee (including solid waste and recycling transporters) shall cooperate in providing documentation of their recycling activity. Such documentation shall include reporting to the Municipal Recycling Coordinator, by February 15th of each year, the occupant's recycling activity of the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The county must also be copied on this information.
D. 
If the property owner provides recycling collection services for the occupants of the property, the owner or their designee (including solid waste and recycling transporters) shall cooperate in providing documentation of their recycling activity. Such communication shall include reporting to the Municipal Recycling Coordinator by February 15th of each year, the recycling activity on the property in the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The county must also be copied on this information.
E. 
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 required, for inspection by any code enforcement officer.
F. 
Failure of a commercial, industrial or institutional occupant or owner to abide by the rules and regulations of this section may result in fines of not less than $50 nor more than $1,000 for each month of noncompliance. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to any commercial, industrial or institutional establishment which is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.
A. 
Any application to the Planning Board of the municipality of Kingwood Township 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 utilizing 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 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 Kingwood Township, 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 such unseparated solid waste and recyclables to accumulate will be considered a violation of this chapter and the local sanitary code.
C. 
Once placed in the location for collection, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle solid waste or designated recyclable materials.
D. 
Failure of a solid waste collector to abide by the rules and regulations of this section may result in a fine of not less than $50 nor more than $1,000. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to any commercial, industrial or institutional establishment that is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.
A. 
A minimum of once a year or when necessary to reflect program or regulatory modifications, all solid waste transporters shall notify all customers:
(1) 
What materials are designated to be source-separated from solid waste and must be recycled in Hunterdon County and that these items are prohibited in solid waste.
(2) 
That discovery of designated recyclable items in solid waste may result in the waste not being collected and that the generator is subject to a monetary fine.
(3) 
That solid waste transporters are prohibited by law from collecting solid waste containing mandated recyclable materials.
(4) 
That documentation of proof of solid waste and recycling collection service must be maintained and that this documentation must be made available to the property owner, municipality or County upon request.
B. 
No later than February 15 of each year, all solid waste companies will provide a detailed report of all recycling activities to all commercial and institutional solid waste customers. The report will include a breakdown of the materials collected for recycling, the total weight of each material collected for recycling and the recycling market for each of the materials collected. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The county must also be copied on this information.
C. 
No later than February 15 of each year, all solid waste transporters will provide each municipality and the county with a summarization of recycling activity in that municipality including totals of all residential, commercial and institutional recycling. The report will include a breakdown of the materials collected for recycling, the total weight of each material collected for recycling and the recycling market for each of the materials collected. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The county must also be copied on this information.
D. 
Failure of the solid waste transporter to comply with the provisions of this amendment to the Solid Waste Management Plan and pertinent municipal recycling ordinance shall constitute a violation and subject the solid waste transporters to those penalties as prescribed in the pertinent municipal recycling ordinance and state recycling regulations.
Unless the solid waste and recycling collection services have otherwise been provided for by the municipality, pursuant to N.J.S.A. 40:66-5.1, all residential, commercial, industrial and institutional generators of solid waste must, upon request by the municipality, supply proof that solid waste and recycling collection services have been contracted by the generator. The information requested for proof of service may include provision of weight receipts or billing statements. The procedure by which the municipality may request receipts or other documentation must be detailed in a process approved by the governing body of the Municipal Recycling Coordinator.
A. 
The provisions of this chapter and the rules and regulations promulgated hereunder shall be enforced by the Municipal Recycling Coordinator or other person(s) so designated by the governing body, and/or the appropriate official retained by the County of Hunterdon. All of the aforesaid officials are hereby individually and severally empowered to enforce the provisions of this chapter.
B. 
An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material. Each day for which a violation of this chapter occurs shall be considered a separate offense.
C. 
Fines levied and collected pursuant to the provisions of this chapter shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used solely for the expenses of the municipal recycling program.
In the event that it is determined by a Court of competent jurisdiction that any provision or section of this chapter is unconstitutional, all other sections and provisions shall remain in effect. This chapter shall take effect immediately, unless otherwise provided by Resolution of the governing body.