[Adopted 10-27-1993 by Ord. No. 93-30 as Ch. 117, Art. III, of the 1993 Code]
A. 
The growing problems of solid waste disposal and the conservation of the recyclable materials are important public concerns.
B. 
The establishment of rules and regulations for the separation, recovery, collection, storage and marketing of said recyclable material will serve the public interest by reducing solid waste and conserving our material resources.
C. 
The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the general welfare of persons in the Township of Manalapan in their disposal of solid waste.
[Amended 11-8-1995 by Ord. No. 95-26; 11-10-2009 by Ord. No. 2009-25]
A. 
On or after October 1, 1987, or other date promulgated by the County of Monmouth, the Township of Manalapan hereby established a mandatory recycling program.
B. 
On and after March 12, 2009, or other date promulgated by the County of Monmouth for commencement of mandatory recycling, it shall be mandatory for all owners, lessees and occupants of business and industrial property and of private and governmental institutions and buildings to separate and place the following materials in the appropriate containers at curbside or other designated areas in the manner and schedule as published: aluminum cans, tin and bimetal cans, glass bottles and jars, pourable plastic containers (#1 and #2), newspaper, corrugated cardboard and clean mixed paper.
(1) 
The following bulky recyclables shall not be placed with trash for waste collection: concrete, asphalt, brick, block, tree parts (stumps and limbs that are three inches in diameter), metal appliances or other bulk metal items larger than one cubic foot and/ or five pounds.
(2) 
Leaves shall be kept separate from other vegetative waste and may only be placed for collection in the manner and scheduled as shall be designated by the Township. Grass clippings may not be placed with other materials for solid waste collection.
(3) 
No liquids of any type may be placed with recyclables or solid waste for disposal. No chemicals, paints, pesticides, herbicides, reactive polishes or cleansers, cleaning or automotive products may be placed with recyclables or solid waste for disposal (hazardous waste exclusion).
(4) 
All residents, businesses and institutions are required to separate and place recyclables in the appropriate rigid containers that are to remain covered at all times and prohibit the spilling, dumping, leaking or otherwise discharge from the containers; no plastic bags.
(5) 
All apartments and other multifamily complexes, schools, businesses and institutions shall provide separate and clearly marked containers for use of residents, students, employees, customers or other visitors for trash and various categories of recyclables: aluminum cans, tin and bimetal cans, glass bottles and jars, pourable plastic containers (#1 and #2), newspaper, corrugated cardboard and clean mixed paper.
(6) 
On and after the adoption of this article, and in accordance with existing state regulations (N.J.A.C. § 14A:3-11), all service stations, oil retailers and motor vehicle reinspection stations with used-oil holding tanks shall accept up to five gallons at a time of used motor oil from individuals changing oil from cars, lawnmowers or motorcycles and shall post a sign informing the public that they are used oil collection sites.
(7) 
No construction or demolition permits shall be issued for any property within Manalapan Township until after a debris management plan for handling solid wastes and recyclables generated during such activity is issued. This plan shall include the estimated number and types of containers to be used in the disposition of such materials. A deposit bond of $500 shall be required upon issuance of a permit and held until such time as documentation is produced to the satisfaction of the Township Construction Official. The Construction Official shall have the discretion to grant exemptions to small-quantity generators engaged in minor home improvements.
C. 
Limited exemptions to source separation requirements.
(1) 
Pursuant to N.J.S.A. 13:1E-99.16d and requirements found in the New Jersey state solid waste plan, the Township Committee may exempt persons occupying commercial and institutional premises within its municipal boundaries from source separation recycling requirements, provided that the affected waste generator annually provides written documentation to the municipality of the total number of tons recycled.
(a) 
Appropriate forms shall be provided to those waste generators wishing to seek such source separation exemptions.
(b) 
A copy of any form submitted to the Township Committee shall also be provided to the County Recycling Coordinator for review and recommendation, prior to Municipal approval.
(c) 
Failure of the exempted business or institution to comply with Municipal approval or reporting requirements, or to show letter of exemption to enforcement officers or Recycling Coordinator when requested, will expose the exempted waste generator to minimum base penalties of $3,000 for each violation, as per N.J.A.C. § 7:26A-10.3.
(2) 
Notwithstanding the specific statutory and regulatory requirements allowing exemptions to the general source separation requirements, generators and haulers of bulky waste from construction, renovation and demolition sites may mix the mandated bulky recyclables with bulky waste materials in a single container, without seeking specific exemption from the local municipal governing body, provided they can demonstrate the load of mixed bulky waste and recyclables was brought to a licensed materials recovery facility (MRF) with suitable arrangements for the recovery of mandated and other recyclables from the mixed waste (e.g., copy of dumping ticket from MRF disposal site).
(a) 
Quantities of the corrugated cardboard boxes from windows, lighting fixtures, appliances and other items commonly delivered to construction or renovation projects are not to be included in bulky waste loads; this material is difficult to separate if placed with other bulky waste and must be handled and stored separately.
D. 
Computers, computer monitors and related electronics hardware, as well as analog or digital televisions, are prohibited from being placed with other solid waste for disposal. They can be placed in the proper containers at the Manalapan Township recycling center.
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM
Includes aluminum cans and all disposable items made of aluminum, including aluminum containers used for soda, beer or other beverages; foil; wrappers; containers for prepared food; screen frames; and lawn chairs.
CORRUGATED CARDBOARD
Includes cardboard of the type used to make cardboard boxes, cartons, pasteboard and similar corrugated and draft paper material.
GLASS
Includes glass bottles and jars and all products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for the packaging or bottling of various matters; excluding, however, blue or flat glass commonly known as "window glass."
HIGH-GRADE PAPER
Includes white and/or off-white stationery and photocopy, computer paper and mixed paper, including chipboard.
[Amended 11-10-2009 by Ord. No. 2009-25]
PLASTIC
Includes pourable containers #1 and #2.
[Added 11-10-2009 by Ord. No. 2009-25]
SOLID WASTE
Includes all garbage and rubbish normally produced by the occupants of commercial, industrial and residential property and disposed of by private or public pickup.
TIN AND BIMETAL CANS
Includes all cans made of tin, i.e., steel and aluminum products.
WOOD WASTE
Stumps and limbs over three feet long.
[Added 11-10-2009 by Ord. No. 2009-25]
A. 
The position of Recycling Coordinator is hereby created and established within the Township of Manalapan.
B. 
The Recycling Coordinator shall be the Township Administrator or a designee duly appointed by the Township Committee.
C. 
Any such designee shall be appointed for a term of one year expiring December 31 of each year.
D. 
The Manalapan Township Recycling Coordinator shall be a Certified Recycling Professional (CRP).
[Added 11-10-2009 by Ord. No. 2009-25]
[Amended 11-10-2009 by Ord. No. 2009-25]
A. 
The Recycling Coordinator, subject to the approval of the Township Committee, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for collection, sorting, transportation, sale and marketing of recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Township of Manalapan.
B. 
The Recycling Coordinator shall also prepare any annual reports as required by state or county agencies regarding local solid waste and recycling programs; review performance of local schools and municipal agencies in conducting activities; periodic review of local residential and business recycling practices and compliance; review and recommend on local subdivision and site plan submittals and local construction and demolition projects for appropriate solid waste and recycling provisions; report to the Township Committee on the implementation and enforcement of the provisions of this article; and other reports or responsibilities as may be requested by the municipal governing body.
A. 
The Township Committee may use municipal personnel to collect recyclable material set forth herein at curbside and/or from a drop-off center and shall sell said recyclable material, if a market exists therefor, pursuant to N.J.S.A. 40A:11-1 et seq.
B. 
The Township Committee may elect to enter into agreements with any person, partnership, corporation or municipality authorizing them to collect recyclable material at curbside or from a drop-off center and to sell said recyclable material.
C. 
Designated mandatory recyclables shall not be accepted for disposal at any solid waste disposal facilities within the County of Monmouth
[Added 11-10-2009 by Ord. No. 2009-25]
A. 
Recyclable material, as defined herein, shall be the property of the Township of Manalapan once placed on the curbside or brought to a drop-off center. It shall be a violation of this article for any person not authorized by the Township Committee of the Township of Manalapan to pick up or cause to be picked up recyclable material as defined herein. Each such collection in violation hereof shall constitute a separate and distinct offense or violation punishable as hereinafter provided.
B. 
All others shall be prohibited from collecting solid waste which contains materials required by ordinance to be separated for the purposes of recycling.
[Added 11-10-2009 by Ord. No. 2009-25[1]]
A. 
The Manalapan Township recycling center located at 207 Route 522 shall accept newspapers, corrugated cardboard, mixed paper and glass/plastic pourable #1 and #2, metal bottles and cans, scrap ferrous and nonferrous metals, electronics and computer equipment.
B. 
Businesses and institutions generating less than two thirty-gallon containers of recyclables per week shall have the option to use the Township recycling center, providing they register with the Township.
[1]
Editor's Note: This ordinance also repealed former § 198-14, Direct disposal of recyclable material by residents.
A. 
Any and all haulers and facilities collecting and/or handling recyclable material in the Township of Manalapan shall register with the County of Monmouth in accordance with the requirements established by the Monmouth County Department of Planning, Solid Waste Section.
B. 
All municipal, institutional and nonresidential contracts or other collection and marketing arrangements shall be limited to only those haulers and facilities properly registered within the county.
A. 
It shall be mandatory for all nonresidential establishments not served by the municipal recycling program and/or any hauler registered in accordance with § 198-15, to provide a record to the Township of Manalapan of the types and quantities of materials recycled. White receipts and/or letters on official company stationery should clearly describe the quantity and disposition of each materials and shall be submitted to the municipality quarterly within 30 days following the closing of each quarter.
[Amended 11-10-2009 by Ord. No. 2009-25]
B. 
In such cases where a nonresidential establishment contracts with an independent hauler or handler for the collection and marketing of recyclable materials, it shall be the responsibility of said hauler or handler to provide at a minimum the weight receipts and/or letters on official company stationery clearly describing the quantity and disposition of each material and shall submit same to the municipality on a quarterly basis within 30 days following the close of each quarter.
C. 
All nonresidential establishments shall further provide the Township with the name and address of both the solid waste hauler and recycling hauler utilized other than that provided by the Township and shall further provide information to Township of any change of either hauler within 30 days of such change.
[Amended 7-28-2004 by Ord. No. 04-20]
A. 
For a violation of any provision of this article, pursuant to N.J.S.A. 40:49-5, the minimum fine shall be $250, upon conviction, and the maximum fine shall not exceed $10,000, upon conviction.
B. 
The only exception to Subsection A above is that failure to provide report records to the municipality pursuant to § 198-16 shall result in a fine of $100 for each offense.
C. 
Each day a violation or neglect has been committed or permitted to continue shall constitute a separate offense and be punishable as such.
D. 
Enforcement. A summons alleging a violation of this article may be issued by an official or employee of the Township of Manalapan, any law enforcement official, the Recycling Coordinator, the Code Enforcement Officer, and the Monmouth County Health Department or any civilian, provided that the summons is issued pursuant to the rules of the Court.
[Amended 11-10-2009 by Ord. No. 2009-25]