[HISTORY: Adopted by the Township Council
of the Township of Lopatcong 7-2-2008 by Ord. No. 2008-09.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 169, Recycling, adopted 4-20-1988 by Ord. No. 1988-7, as
amended.
As used in this chapter, the following terms
shall have the meanings indicated:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
An activity involving the sale of goods or services carried
out for profit.
Those materials designated within the Warren County District
Solid Waste Management Plan to be source separated for the purpose
of recycling.
A computer central processing unit and associated hardware
including keyboards, modems, printers, scanners and fax machines;
a cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television, and cell phones.
Any building including but not limited to any related structure,
accessory building, and land appurtenant thereto, and any part thereof,
which contains 10 or more units of dwelling space or has sleeping
facilities for 25 or more persons and is kept; used, maintained, advertised
as, or held out to be, a place where sleeping or dwelling accommodations
are available to transient or permanent guests. This definition shall
also mean and include any hotel, motor hotel, motel, or established
guesthouse, which is commonly regarded as a hotel, motor hotel, motel,
or established guesthouse, as the case may be, in the community in
which it is located; provided, that this definition shall not be construed
to include any building or structure defined as a multiple dwelling
in this act; registered as a multiple dwelling with the Commissioner
of Community Affairs as hereinafter provided, and occupied or intended
to be occupied as such nor shall this definition be construed to include
a rooming house or a boarding house as defined in the "Rooming and
Boarding House Act of 1979," P.L. 1979, c. 496 (C.55:13B-1 et al.)
or, except as otherwise set forth in P.L. 1987, c. 270 (C.55:13A-7.5,
55:13A-7.6, 55:13A-12.1, 55:13A-13.2), any retreat lodging facility,
as defined in this section.
Any building or structure of complex of buildings in which
three or more dwelling units are rented or leased or offered for rental
or lease for residential purposes (see N.J.S.A. 13:1E-99.13a.) except
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 (C.55:
13A-1 et seq.).
The person or persons appointed by the municipal governing
body and who shall be authorized to enforce the provisions of this
chapter, and any rules and regulations which may be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Township
of Lopatcong.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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.
A.
Mandatory source separation. It shall be mandatory
for all persons who are owners, tenants, or occupants of residential
and nonresidential premises, which shall include but not be limited
to retail and other commercial locations, as well as government schools,
and other institutional locations within the Township of Lopatcong,
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, tenants, or occupants
of such premises and shall be placed separately at the curb in a manner
and on such days and times as maybe hereinafter established by regulations
promulgated by the Recycling Coordinator.
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the
governing body of a municipality may exempt persons occupying commercial
or institutional premises within its municipal boundaries from the
source separation requirements of the ordinance which requires persons
generating municipal solid waste within its municipal boundaries to
source separate from the municipal solid waste stream, the specified
recyclable materials if those persons have otherwise provided for
the recycling of all designated recyclable materials. To be eligible
for an exemption, pursuant to this chapter, a commercial or institutional
generator of solid waste shall file an application for exemption with
the municipal recycling coordinator on forms to be provided for this
purpose. The form shall include, at a minimum, the following information:
the name of the commercial or institutional entity; the street address
location and lot and block designation; the name, official title and
phone number of the person making application on behalf of the commercial
or institutional entity; the name, address, official contact person
and telephone number of the facility which provides the service of
recycling those designated recyclable materials, and a certification
that the designated recyclable materials will be recycled, and that,
at least on an annual basis, said recycling service provider shall
provide written documentation to the municipal recycling coordinator
of the total number of tons collected and recycled for each designated
material.
The collection of recyclable material shall
be in the manner prescribed as follows:
A.
All containers and brown paper bags containing recyclable
materials shall be placed, prior to collection, between the curb and
the sidewalk, or in the absence of curb and sidewalk, as near to the
street as not to constitute a danger, where such receptacles shall
be readily accessible to the collector without providing obstruction
to pedestrians. The owner or occupant of the premises shall keep all
receptacles clean and in safe handling condition. Receptacles or other
items to be disposed of shall be placed as noted above anytime after
6:00 p.m. of the day immediately preceding the day of collection,
but no later than 6:00 a.m. of the day of collection. After collection,
any containers shall be removed from the curbside by no later than
9:00 p.m. of the day of collection.
B.
All receptacles or dumpsters shall be maintained in
accordance with the Health Code of the Township of Lopatcong.
A.
The Mayor and Township Council 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 therefore and is allowable under the Laws of the State
of New Jersey.
B.
The Mayor and Township Council may elect to enter
into agreements with qualified persons or corporations authorizing
them to collect said recyclable materials provided that the amount
of money realized exceeds the cost of collection.
A.
Recyclable materials, as defined herein, shall be
the property of the Township of Lopatcong once placed on the curbside
or brought to a drop-off center.
B.
It shall be a violation of this chapter for any person
unauthorized by the Mayor and Township Council to pick up or caused
to be picked up said recyclable material, as defined herein. Each
such collection in violation hereof shall constitute a separate and
distinct offense punishable as hereinafter provided.
Anything herein to the contrary notwithstanding,
any person, partnership or corporation who is owner, lessee or occupant
of a residential or nonresidential property may donate or sell said
recyclable material as defined herein, to any person, partnership
or corporation, whether or not operating for profit. Said person,
partnership or corporation, however, shall not pick up said recyclable
materials at the curbside or at a drop-off center.
A.
The owners/occupants of single-family and two-family
dwellings shall be responsible for compliance with this chapter.
B.
For multifamily units, the management or owner is
responsible for setting up and maintaining the recycling system, including
the designation of a building/complex recycling coordinator who will
oversee the recycling system which includes the collection of recyclable
materials.
C.
Violations and penalty notices will be directed to
the owner, occupant, or management, in those instances where the violator
is not easily identifiable. The management shall issue notification
and collection rules to new tenants when they arrive and every six
months during their occupancy.
A.
All commercial, business, or industrial facilities
shall be required to comply with the provisions of this chapter.
B.
The arrangement for collection of designated recyclables
hereunder shall be the responsibility of the commercial, institutional
or industrial property owner or their designee, unless the municipality
provides for the collection of designated recyclable materials. All
commercial, institutional or industrial properties which provide outdoors
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.
Annually, every business, institution, or industrial
facility shall report to the Municipal Recycling Coordinator the recycling
activities undertaken at their premises, including the amount of recycled
material, by material type, collected and recycled and the vendor
or vendors providing recycling service. The forms to be used will
be provided by the Municipal Recycling Coordinator.
D.
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 prescribed, for inspection by any code enforcement officer.
A.
Any application to the Planning Board of the Township
of Lopatcong 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 for the utilization of 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.
(2)
Locations documented on the application's site plan
that provide 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 Municipal Recycling Coordinator.
(3)
Provisions shall be made for the indoor, or enclosed
outdoor, storage and pickup of solid waste, to be approved by the
municipal engineer.
B.
Prior to the issuance of a certificate of occupancy
by the Township of Lopatcong, 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.
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 waste for proper disposal
or recycling. Allowing such unseparated solid waste and recyclables
to accumulate will be considered a violation of this article and the
local sanitary code.
C.
Once placed in the location identified by this chapter,
or any rules or regulations promulgated pursuant to this chapter,
no person, other than those authorized by the municipality shall tamper
with, collect, remove, or otherwise handle designated recyclable materials.
A.
The position of Recycling Coordinator is hereby created
and established within the Township of Lopatcong.
B.
The Recycling Coordinator shall be appointed by the
Mayor and Township Council for a term of one year, expiring December
31 of each year. The term of the person first appointed Recycling
Coordinator shall expire December 31 of the year of that person's
appointment.
C.
The Recycling Coordinator, subject to the approval
of the Mayor and Township Council, shall establish and promulgate
reasonable regulations ad to the manner, days and times for the collection,
sorting, transportation, sale and/or marketing of said recycling material
in order to encourage the preservation of material resources while
minimizing the cost of the recycling program to the Township of Lopatcong.
The Municipal Board of Health, the Recycling
Coordinator, the Zoning Officer, the Building Inspector, the Housing
Officer, or other code enforcement officer, the police department,
and the Warren County Department of Health are hereby individually
and severally empowered to enforce the provisions of this chapter.
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.
A.
Any person, corporation, occupant, or entity that
violates or fails to comply with any provision of this chapter or
any of the rules and regulations promulgated hereunder shall, upon
conviction thereof, be punishable by a fine not less than $250, nor
more than $2,000 or up to 90 days in jail or a period of community
service not to exceed 90 days, or any combination thereof.
B.
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 for the expenses of the municipal recycling
program including enforcement and education.
