[Adopted 4-3-1989 by Ord. No. 989-89]
This article shall be known and may be cited
as the "Recycling Ordinance of the Township of Hamilton, Atlantic
County."
The words, terms and phrases used in this article
shall have the following meanings:
All-aluminum beverage containers and all-aluminum pet food
or other containers.
[Amended 6-18-1990 by Ord. No. 1033-90]
Clean, heavy box materials commonly known as "cardboard boxes"
and similar heavy paper packaging containers that are free of plastic,
foam and other contaminants, also including food packaging boxes and
other commercial packaging that is free of food contaminants, plastic,
wax and foam materials that would make it undesirable for recycling
purposes. All cardboard and packaging must be opened and flattened
for ease of handling.
[Added 6-18-1990 by Ord. No. 1033-90]
Those properties used primarily for commercial purposes.
[Amended 6-18-1990 by Ord. No. 1033-90]
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
Those facilities that house or serve groups of people, including
but not limited to hospitals, schools, nursing homes, libraries and
governmental offices.
All residential living units containing four or more dwelling
units.
[Added 6-18-1990 by Ord. No. 1033-90]
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions
and containing advertisements and other matters of public interest.
Expressly excluded, however, are newspapers which have been soiled.
Newspapers shall be deemed soiled if they have been exposed to substances
or conditions rendering them unusable for recycling.
Newsprint and other forms of paper and paper products, such
as magazines, telephone books, catalogs, white office paper, computer
paper, junk mail, etc., excluding those soiled (i.e., containing carbon,
adhesive or plastic) or unfit due to health and/or sanitary reasons.
Newspapers shall also be deemed soiled if they have been exposed to
substances rendering them unusable for recycling water).
[Added 6-18-1990 by Ord. No. 1033-90]
Every owner, lessee and occupant of a residence or commercial
or institutional establishment within the boundaries of the Township
of Hamilton.
Plastic soda, juice, milk, water and cider bottles; plastic
laundry and dish product bottles; plastic bleach bottles; in addition,
any plastic bottles or containers that have the recycling symbol with
the number one or two in it or the initials PETE or HDPE stamped on
the container.
[Added 6-18-1990 by Ord. No. 1033-9C]
Those materials which would otherwise become municipal solid
waste and which may be collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products.
Any occupied single-family or multifamily dwelling having
up to four dwelling units per structure from which a municipal or
private hauler collects solid waste.
Garbage, refuse and other discarded solid material normally
collected by a municipal or private hauler.
[Amended 6-18-1990 by Ord. No. 1033-90]
A.
There is hereby established a mandatory program for
the separation of the following recyclable materials from the municipal
solid waste stream by all persons within the Township of Hamilton,
hereinafter referred to as the "municipality," as follows:
(1)
Residences and multifamily residences shall recycle
aluminum cans, glass containers, plastic containers, newspapers, paper
goods and cardboard or corrugated paper.
(2)
Commercial and institutional establishments shall
recycle aluminum cans, glass containers, plastic containers, cardboard,
newspapers and paper goods, such as white office paper, computer paper,
junk mail, etc.
B.
As the municipality sees fit to include other recyclable
materials in the program, all persons falling under this article will
be required to separate these items from the municipal solid waste
stream.
[Amended 6-18-1990 by Ord. No. 1033-90]
A.
The recyclable materials designated in § 258-4 of this article, excluding newspapers, shall be put in a suitable container, separate from other solid waste, and placed at the curb or such other designated area for collection at such times and dates as may be hereinafter established in the municipality's recycling regulations. The container for recyclable materials shall be clearly labeled and placed at the curb or such other designated area for each collection.
B.
Newspapers shall be bundled and tied with twine or
placed in a kraft paper (brown paper) bag and placed at the curb or
other designated area for collection at such times and dates as are
established in the municipality's recycling regulations. The maximum
weight of each bundle of newspapers shall not exceed 30 pounds (approximately
12 inches high).
C.
Aluminum and glass containers shall be rinsed, lids
removed and placed commingled in said suitable container.
D.
Plastic containers shall be rinsed, lids removed,
flattened and placed in a suitable container.
E.
Cardboard shall be flattened and placed alongside
other recyclable materials.
F.
Paper goods shall be placed in a kraft paper (brown
paper) bag or in a suitable container separate from other recyclable
materials.
[Added 6-18-1990 by Ord. No. 1033-90]
A.
The owner/manager or association of every multifamily
dwelling (apartment, townhouse or condo) shall designate space for
the placement and storage of newspaper, glass, aluminum, plastic and
all other materials designated as recyclable. The owner/manager or
association also has the option of arranging for curbside pickup service
from the Atlantic County Utilities Authority.[1] All lessees/owners of those dwelling units shall be required to separate items as mentioned in § 258-4 and place them in the designated place.
B.
All multifamily residences that provide private collection for recyclable materials named in § 258-4 of this article shall submit written documentation to the municipality and to the Atlantic County Utilities Authority by June 1 of the total amounts of recyclables collected in the prior calendar year. The only exception to this collection and documentation method will be if the multifamily dwelling is served by the Atlantic County Utilities Authority Collection Program. Multifamily residences have the choice of private or county collection for recycled materials, but the Municipal Recycling Coordinator and Atlantic County Utilities Authority must be notified of the collection method selected.
[Added 6-18-1990 by Ord. No. 1033-90; amended 6-3-1991 by Ord. No. 1075-91]
A.
Commercial and institutional establishments may transport
their recyclables to the containers at the municipal drop-off facility
or to the Atlantic County Intermediate Processing Facility or contract
with a private hauler to collect them. It is the responsibility of
the commercial or institutional establishment to properly separate
or have separated and store or have stored all recyclable items on
its premises prior to periodic disposal of these materials. Yearly
documentation of amounts recycled by a private hauler must be made
to the Township Administrator and the Atlantic County Utilities Authority
prior to February 14, for the preceding calendar year, by the entity
which removes these materials from the commercial or institutional
establishment which generated them. Materials taken to the county
facility will be recorded for the municipality. Municipal records
will be maintained for materials disposed of at the drop-off facility
and credit given to those participating commercial and institutional
establishments accordingly. The only exception to this collection
method is if the commercial or institutional establishment participates
in the Atlantic County Collection Service Program.
B.
Any establishment which maintains vending machine(s)
or otherwise sells, distributes or dispenses products packaged in
recyclable materials (e.g., glass, aluminum, etc.) shall maintain
recycling receptacles adequate for that packaging and available for
the use of patrons, clients, etc., of that establishment. Likewise,
any sponsor of any public or private event where recyclable materials
are generated will maintain receptacles adequate for the separation
of these materials and will service the same. In addition, the sponsor
will provide documentation to the Township Recycling Coordinator within
10 days of the event, certifying the quantity and types of materials
collected as well as the name of the recycling market or center to
which they were delivered.
[Amended 6-18-1990 by Ord. No. 1033-90; 3-5-2012 by Ord. No. 1715-2012]
A.
All persons
within the municipality shall separate leaves, grass clippings, brush
and other vegetative waste from lawns, flower beds, shrubs and trees
from other solid waste generated at their premises and, unless such
vegetative waste is stored or recycled for composting or mulching
on the premises, place the vegetative waste at the curb or other designated
area for collection at such times and dates and in the manner established
by the municipality’s recycling regulations. Vegetative waste
must be placed in biodegradable paper bags or a sturdy reusable container
that may be readily emptied.
B.
Residents
are prohibited from using plastic bags for leaf and/or other vegetative
waste disposal. Residents are also prohibited from raking loose leaves
into the street for collection by a private contractor.
C.
Brush consisting
of tree branches and limbs up to eight inches in diameter may be bundled
and tied for collection. Brush may not exceed four feet in length,
and bundles may not exceed 50 pounds in weight.
D.
All commercial
lawn services will dispose of leaves collected within the municipality
as specified by guidelines established by the Township Administrator
and/or the Environmental Officer.
[Amended 6-18-1990 by Ord. No. 1033-90; 6-3-1991 by Ord. No. 1075-91]
Any person may donate or sell recyclable materials
to individuals or organizations authorized by the municipality in
its recycling regulations. These materials may either be delivered
to the individual's or organization's site or they may be placed at
the curb for collection by said individual or organization on days
in the municipality's recycling regulations. Said individuals or organizations
may not collect recyclable materials on or within the 24 hours immediately
preceding a regularly scheduled curbside collection day and shall,
prior to February 14 of each year, provide written documentation to
the municipality of the total amount of material recycled during the
preceding calendar year.
[Amended 6-18-1990 by Ord. No. 1033-90]
It shall be a violation of this article for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in § 258-3 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.
[Added 6-18-1990 by Ord. No. 1033-90]
In accordance with the New Jersey Statewide
Mandatory Source Separation Recycling Act of 1987,[1] proposals for new developments of 50 or more single-family
units and/or five multifamily units and/or 100 square feet or more
of commercial or industrial space must incorporate provisions in the
site plan for recycling. Master plans must be updated for recycling
every three years and must incorporate a recycling plan element into
the Municipal Master Plan.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et
seq.
[Amended 6-18-1990 by Ord. No. 1033-90]
A.
The Township Committee is hereby authorized to establish and promulgate reasonable regulations, to be adopted by resolution of the Township Committee, detailing the manner, days and times for the collection of the recyclable materials designated in § 258-3 of this article. Such regulations shall take effect only upon the approval of the Township Committee by adoption of a resolution implementing the same. The municipality is hereby authorized and directed to enforce the provisions of the ordinance and any implementing regulations adopted hereunder. The position of the Municipal Recycling Coordinator as per N.J.S.A. 13:1E-99.13b(1) is hereby established and will be held by the person who shall be appointed by resolution of the Township Committee. The Municipal Recycling Coordinator's name and telephone number shall be forwarded to the Atlantic County Utilities Authority.
B.
Noncollection of solid waste contaminated by designated
recyclables. The municipality or any other person collecting solid
waste generated within the municipality may refuse to collect solid
waste from any person who has clearly failed to source-separate recyclables
designated under any applicable section of this article.
[Amended 6-18-1990 by Ord. No. 1033-90]
A.
Any person, firm or corporation violating the provisions
of any section of this article shall be issued a warning for the first
offense, will be subject to a fine of $50 for the second offense and
will then be subject to a fine of not less than $100 nor more than
$1,000 for each additional offense and/or 15 to 30 days' community
service.
B.
Each and every day in which a violation of any of
the provisions of this article exists shall constitute a separate
offense.
C.
Action shall be taken to enforce the provisions of
this article immediately upon municipal approval.
D.
Any person, firm or corporation placing nonrecyclable
materials at the recycling drop-off facility within the municipality
shall be subject to a fine of not less than $100 nor more than $1,000
for each offense.
[Amended 6-18-1990 by Ord. No. 1033-90]
The Township Committee of the municipality may exempt persons occupying commercial and institutional establishments from the source-separation requirements of § 258-4 of this article if those persons have otherwise provided for the recycling of recyclable materials designated in § 258-3 of this article. To be eligible for an exemption under this section, the person seeking the same shall, prior to June 1 of each year, provide written documentation to the municipality of the total amount of materials recycled during the preceding calendar year.
