For the purpose of this and succeeding sections, the following
words shall have the meanings respectively ascribed to them by this
section:
BUILDING
A structure that contains one or more units.
CART
A container designed to be mechanically emptied by an automated
or semiautomated collection vehicle.
COMMERCIAL SECTOR
All designated commercial retail, wholesale, institutional,
markets and manufacturing facilities, including, but not limited to,
taverns, restaurants, churches, offices, professional offices, day
care and private schools and facilities, strip stores, farms, private
schools and construction and demolition projects buildings or complexes.
COMPLEX
A property that contains more than one building.
CONTAINER or RECEPTACLE
A roll-off, dumpster, cart, can or bag designed to receive
and accept solid waste or recyclable materials and prevent spillage
of its contents.
CURB
The area adjoining the curbline of the streets.
DOCUMENTATION
Original or clear copies of receipts or letters, in the form
of certified weight receipts or a signed business form letter, that
shall include the name of the recycling market, the hauler and the
generator and shall show the dates and quantity/weight of each recycled
material. It is recommended that a separate summary sheet be provided
for each recycled material. These receipts or letters shall be acceptable
from a recycling market(s) or solid waste facility or hauler(s) or
a letter from construction or demolition permit applicants stating
that no receipts were provided to them from the identified market(s)
and/or hauler(s) or a letter from construction or demolition permit
applicants stating that no material was generated.
A.
AMOUNTA product disposed/sold by weight, count, gallonage or yardage.
B.
HAZARDOUS WASTEDocumentation for recycled hazardous waste(s) (for example, oil, solvents, etc.) must include a copy of the hazardous waste hauler's receipt, clearly showing the New Jersey Department of Environmental Protection hazardous waste hauler permit number.
DUMPING
Placement of any form of solid waste or recyclables equal
to or more than 0.148 cubic yard of solids or 30 U.S. gallons of liquid
not placed in a public receptacle or in authorized private receptacles
for collection upon any street, sidewalk or public or private property.
DUMPSTER
A container designed to be mechanically emptied. These dumpsters
must have lids.
ELECTRONIC WASTE
A computer central processing unit and associated hardware,
including keyboards, modems, printers, scanners, fax machines, VCRs
and DVD players, radios, rechargeable batteries, TVs, electronic components
and the like.
HAZARDOUS
Including, but not limited to, paints, paint thinners/cleaners,
insecticides, pesticides and any other items so designated by the
federal or state environmental protection agencies as to require special
handling.
ITEM, BULK
A product too large to fit into a container and/or household
furniture.
LANDFILL
A facility designed exclusively to accept solid waste, designed
and permitted to meet all federal and New Jersey Environmental Protection
Agency rules and standards.
LITTERING
Placement of any form of solid waste or recyclables of less
than 0.148 cubic yard of solids or 30 U.S. gallons of liquid not placed
in a public receptacle or in authorized private receptacles for collection
upon any street, sidewalk or public or private property.
MEDICAL/BIOHAZARDOUS
Including, but not limited to, any solid waste which is generated
in the diagnosis, treatment (for example, provision of medical service)
or immunization of human beings or animals in research pertaining
thereto or in the production of testing of biologicals. The term does
not include any hazardous waste identified or listed under 40 CFR
Part 261 or any household waste generated from home self-care as defined
in this section.
MULTIFAMILY DWELLING
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 motels, hotels or other guesthouses
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.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this chapter and any rules and regulations which may
be promulgated hereunder.
MUNICIPAL SECTOR
All designated municipal government buildings, parks, public
events, public school facilities, fire and ambulance facilities.
OCCUPANT
A person(s), partnership(s), corporation(s) or any other
entity due to his or its status as an owner or lessee of a property
in the Township of South Harrison.
PERSON
Includes any and all person(s), partnership(s), corporation(s)
or any other entity.
PLASTIC BAG
A bag designed to hold solid waste or recyclable materials.
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 product.
A.
FERROUS AND NONFERROUS METAL AND APPLIANCESWashers, dryers, dishwashers, ovens, hot-water tanks, hot- and cold-water tanks, gas/oil/electric heaters, gas tanks, bicycles, metal shelves, storage cabinets, auto parts, metal lawn equipment or other large appliances commonly referred to as "white goods."
B.
OZONE-DEPLETING COMPOUNDS (FREON)Items containing chlorofluorocarbon (CFC) and other ozone-depleting compounds (ODCs), examples of which are air conditioners, refrigerators and freezers.
C.
CANSAluminum, steel, tin and bimetal containers and foil. Labels may be left on.
D.
GLASSAll bottles, jars and jugs made from silica or sand, soda ash and limestone and used for packaging or bottling or the holding of various matter. Clear, green, brown and other colors are included. This shall not include ceramics, window glass, light bulbs, cooking ware or mirrors.
E.
PLASTICAll bottles, jugs and jars commonly marked or known as "PET (1)" and "HDPE (2)." Rings, caps and labels may be left on. This shall not include tubs or other items not considered a bottle, jug or jar.
F.
PAPERAll uncontaminated corrugated boxes and panels, newspaper, magazines, books, junk mail, chipboard, computer paper, office paper, copy paper, school paper, etc. This shall not include paper that is treated, waxed or contaminated so as to be a health concern or problem.
G.
BATTERIESWet cell automotive, motorcycle and boat batteries. Commonly found in six-, twelve- and twenty-four-volt charges.
H.
OILMotor and transmission oil.
I.
OIL FILTERSMotor and transmission filters made in a metal container.
J.
TIRESPassenger and truck tires and tubes.
K.
MASONRYAll products generally used in the construction of buildings, including, but not limited to, bricks, cinder block, asphalt, concrete, rock and stone.
RESIDENTIAL SECTOR
All designated single-family buildings and multifamily buildings
of two or more separate living units.
ROLL-OFF CONTAINER
A container that is designed to be removable from a vehicle
or chassis.
SOLID WASTE
As defined by the New Jersey Department of Environmental
Protection administrative regulations and specifically N.J.A.C. 7:26-1.6
and N.J.A.C. 7:26-2.13, specifically consisting of solid waste Types
10, 13, 23, 25 and 27.
SOURCE SEPARATION
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purpose of recycling.
STREETS
All public highways, avenues, streets, lanes, boulevards,
circles, terraces, drives and public roads, whether dedicated or not,
within the limits of the Township of South Harrison.
TIED BUNDLE
A bundle should be used for the collection and removal of
solid waste or recyclable materials.
UNIT
A single commercial, municipal or residential establishment.
The following materials shall be designated recyclables from
the municipal and residential sectors: glass, cans, plastic, paper,
newspaper, glass bottles and jars, aluminum cans, bimetal cans, plastic
containers (PET No. 1 and HDPE No. 2 plastics), paper, corrugated
cardboard, cereal boxes, junk mail, magazines and catalogs, and office
paper.
Trash containers shall be placed out with metal lift bars facing
the center of the street and with at least four feet of clearance
on either side so that the mechanical arm can easily lift the container
without interference. All containers must be placed in such a fashion
as to allow for unencumbered access by the refuse and recyclable collection
equipment. The Township is under no obligation to empty any containers
which, under the sole discretion of the Township and/or their designee(s),
is deemed to be inappropriately placed or encumbered.
The following shall constitute an unauthorized landfill:
A. Any facility not licensed by the New Jersey Department of Environmental
Protection.
B. Any public or private property used for littering or dumping, with
or without the property owner's permission.
No person, firm, charity, corporation, partnership or employee
shall collect, pick up or cause to be collected or picked up any recyclable
item placed for collection by the Township or its authorized agent.
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c:
A. Any application to the Joint Land Use Board of the Township of South
Harrison for subdivision or site plan approval for the construction
of multifamily dwelling units 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. The plan shall contain,
at a minimum, the following:
(1) Detailed analysis of the expected composition and amount of solid
waste and recyclables generated at the proposed development.
(2) Project location documented on the applicant's site plan that
provides 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 Joint Land Use Board and Municipal
Recycling Coordinator.
B. Prior to the issuance of a certificate of occupancy by the Township
of South Harrison, 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 purpose of collection
and recycling of source-separated recyclable materials in those instances
where the municipality does not otherwise provide this service.
C. Provisions shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Township Engineer.
It shall be the responsibility of the Zoning Officer and/or
the Police Department and their designated agents or designees to
enforce all provisions of this chapter.
The following fines for violation of this chapter shall apply:
A. Failure to separate recyclables from solid waste.
(1) Municipal collection.
(a)
First offense: $50.
[1]
Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such.
[2]
Said materials may be left for the owner to properly separate.
(b)
Second and subsequent offenses: $100.
[1]
Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such.
[2]
Said materials may be left for the owner to properly separate.
(2) Nonmunicipal collection.
(a)
First offense: $50.
[1]
Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such.
[2]
Said materials shall be left for the owner to properly separate.
(b)
Second and subsequent offenses: $100.
[1]
Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such.
[2]
Said materials shall be left for the owner to properly separate.
B. Failure to recycle.
(1) Municipal collection.
(b)
Second and subsequent offenses: $100.
(2) Nonmunicipal collection.
(b)
Second and subsequent offenses: $500.
C. Placing containers curbside before the authorized collection day and time and/or failure to remove containers from the curbside before the time prescribed in §
120-5B of this chapter: $50. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
D. Failure to file a construction, demolition and diversion form for
a construction or demolition project.
(1) First offense: $50 to $500. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such.
(2) Second offense: $250 to $1,000. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such.
(3) Third offense: $500 to $2,000. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such.
(4) Fourth offense: $1,000 to $3,000. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such.
(5) Fifth offense and thereafter: $2,000 to $5,000. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
E. Failure to file a recycling report.
(1) First offense: $100. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such.
(2) Second and subsequent offenses: $250. Each day such violation is
committed or permitted to continue shall constitute a separate offense
and shall be punishable as such.
F. Failure to file documentation.
(1) First offense: $100. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such.
(2) Second and subsequent offenses: $250. Each day such violation is
committed or permitted to continue shall constitute a separate offense
and shall be punishable as such.
G. Failure to properly dispose of solid waste.
(1) First offense: $250 and perform the cleanup or pay for cleanup costs.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such.
(2) Second and subsequent offenses: $500 and perform the cleanup or pay
for cleanup costs. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such.
H. Removal of tagged solid waste containers.
(2) Second and subsequent offenses: $250.
I. Burning solid waste or recyclable materials.
(2) Second and subsequent offenses: $1,000.
J. Failure to contain solid waste.
(1) Municipal collection.
(a)
First offense: $50. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such.
(b)
Second and subsequent offenses: $100. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
(2) Nonmunicipal collection.
(a)
First offense: $50. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such.
(b)
Second and subsequent offenses: $100. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
K. Placing household or commercial solid waste or recyclables in public
receptacles.
(1) First offense: $50. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such.
(2) Second and subsequent offenses: $100. Each day such violation is
committed or permitted to continue shall constitute a separate offense
and shall be punishable as such.
L. Accepting solid waste or recyclable materials for disposal in an
unlicensed disposal facility.
(1) First offense: $250. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such.
(2) Second and subsequent offenses: $500. Each day such violation is
committed or permitted to continue shall constitute a separate offense
and shall be punishable as such.
M. Littering.
(2) Second and subsequent offenses: $250.
N. Dumping.
(1) First offense: $250 and perform the cleanup or pay for cleanup costs.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such.
(2) Second and subsequent offenses: $500 and perform the cleanup or pay
for cleanup costs. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such.
O. Unauthorized use of a receptacle.
(1) First offense: $50, plus the costs of disposal of the contents of
the container.
(2) Second and subsequent offenses: $100, plus the costs of disposal
of the contents of the container.
P. Scavenging.
(1) First offense: $100, plus confiscation of all collected recyclable
materials and/or up to five days of community service.
(2) Second and subsequent offenses: $250, plus confiscation of all collected
recyclable materials and/or up to 15 days of community service.
Q. 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 for the expenses of the Township recycling program.