[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:
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.
Includes cardboard of the type used to make cardboard boxes,
cartons, pasteboard and similar corrugated and draft paper material.
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."
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]
Includes pourable containers #1 and #2.
[Added 11-10-2009 by Ord. No. 2009-25]
Includes all garbage and rubbish normally produced by the
occupants of commercial, industrial and residential property and disposed
of by private or public pickup.
Includes all cans made of tin, i.e., steel and aluminum products.
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.
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]
