[Adopted 4-19-1988 by Ord. No. 88-37[1]]
[1]
Editor's Note: This ordinance also supersedes
former Art. I, Mandatory Recycling Program, adopted 5-15-1984 by Ord.
No. 84-39.
This article shall be known and may be cited
as the "Recycling Ordinance of the Township of Stafford."
The words, terms and phrases used in this article
shall have the following meanings:
Empty all-aluminum beverage and food containers.
Those businesses which constitute wholesale, retail or service
establishments such as restaurants, stores, markets, theaters, hotels,
warehouses and offices, excluding residences.
[Amended 1-21-1992 by Ord. No. 92-05]
Those materials designated within the Ocean County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling.
[Added 4-19-2010 by Ord. No. 2010-13]
[Added 4-19-2010 by Ord. No. 2010-13]
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.
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.
Plastic containers made of high-density polyethylene (e.g.,
milk and water bottles).
[Added 1-21-1992 by Ord. No. 92-05]
Those facilities that house or serve groups of people, including
but not limited to hospitals, schools, nursing homes, libraries and
governmental offices.
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 (N.J.S.A.
13:1E-99.13a) and shall include hotels, motels, or other guest houses
serving transient or seasonal guests as those terms are defined under
Subsection (j) of § 3 of the Hotel and Multiple Dwelling
Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
[Added 4-19-2010 by Ord. No. 2010-13]
The person or persons appointed to such position by the Mayor
and Council and who shall be authorized to, among other things, enforce
the provisions of this article and any rules and regulations which
may be promulgated hereunder.
[Added 4-19-2010 by Ord. No. 2010-13]
All solid waste generated as residential, commercial and
institutional establishments within the boundaries of Stafford Township.
[Added 4-19-2010 by Ord. No. 2010-13]
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.
High-grade office paper, fine paper, bond paper, offset paper,
xerographic paper, mimeo paper, duplicator paper and related types
of cellulosic materials containing not more than 10% by weight or
volume of noncellulosic materials such as laminates, bonders, coatings
or saturants.
[Added 1-21-1992 by Ord. No. 92-05]
Every owner, lessee and occupant of a residence, commercial
or institutional establishment within the boundaries of the Township
of Stafford.
Plastic containers made of polyethylene teraphthalate (e.g.,
plastic soda bottles).
[Added 1-21-1992 by Ord. No. 92-05]
Plastic containers made of polyvinyl chloride (e.g., salad
dressing and mouthwash).
[Added 1-21-1992 by Ord. No. 92-05]
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 single-family residential dwelling or multifamily residential
unit. A "multifamily residential unit" shall mean any building or
structure of one or more stories and any land appurtenant thereto
in which two or more units of dwelling space are occupied or are intended
to be occupied by two or more persons who live independently of each
other. This definition shall include apartments, townhouses, condominiums,
cooperatives and retirement communities.
[Amended 1-21-1992 by Ord. No. 92-05]
The combination of commingled and paper listed in the definition
of "dual stream" herein into one container. Do not include plastic
bags, food waste, paper towels, paper napkins, pizza boxes, egg cartons,
aluminum foil, plastic cups and utensils. No plastic other than bottles.
No juice boxes or bags. No garbage.
[Added 4-19-2010 by Ord. No. 2010-13]
Garbage, refuse and other discarded solid material normally
collected by a municipal or private hauler.
Recyclable materials that are separated from solid waste
at the point of generation by the generator thereof for the purposes
of recycling.
[Added 4-19-2010 by Ord. No. 2010-13]
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.
[Added 4-19-2010 by Ord. No. 2010-13]
There is hereby established a program for the
mandatory separation of the following recyclable materials from the
municipal solid waste stream by all persons within the Township of
Stafford, hereinafter referred to as the "Township":
A.
Aluminum cans.
B.
Ferrous containers and aerosol cans.
[Amended 12-17-1996 by Ord. No. 96-86]
C.
Glass containers, including mixed colors.
[Amended 12-17-1996 by Ord. No. 96-86]
D.
Newspapers.
E.
HDPE containers.
[Added 12-20-1988 by Ord. No. 88-97; amended 1-21-1992 by Ord. No. 92-05]
F.
PET containers and HDPE containers.
[Added 1-21-1992 by Ord. No. 92-05]
G.
PVC containers.
[Added 1-21-1992 by Ord. No. 92-05]
H.
Corrugated cardboard.
[Added 1-21-1992 by Ord. No. 92-05]
I.
Office paper (applies to all commercial establishments
and institutional establishments).
[Added 1-21-1992 by Ord. No. 92-05]
J.
Bricks, concrete, cement, cement blocks, ferrous and
nonferrous materials.
[Added 10-1-1996 by Ord. No. 96-64]
K.
Gable-top quart and half-gallon milk and juice containers.
[Added 12-17-1996 by Ord. No. 96-86]
[Amended 10-1-1996 by Ord. No. 96-64; 11-16-2004 by Ord. No. 2004-91; 4-19-2010 by Ord. No. 2010-13]
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 Stafford Township, 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 may be hereinafter established in the Township’s recycling regulations and in Chapter 167, Rubbish and Garbage Collection. The container for recyclable materials shall be clearly labeled and placed at the curb or such other designated area for each collection, regardless of whether any recyclable materials are available for collection.
B.
Exemptions.
(1)
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.
(2)
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 or commercial/institutional
generator shall provide written documentation to the Municipal Recycling
Coordinator of the total number of tons collected and recycled for
each designated material.
[Amended 8-19-1997 by Ord. No. 97-75]
All persons within the Township shall separate
leaves from other solid waste generated at their premises and, unless
the leaves are stored or recycled for composting or mulching on the
premises, place the leaves at the curb or other designated area for
collection at such times and dates and in the manner established by
the Township's recycling regulations. The Township shall have two
leaf pickup seasons, a spring season which shall run from March 1
through April 30 of each year and a fall season which shall run from
October 1 to December 31 of each year. Throughout the year a resident
has the option of bagging his own leaves and bringing them to the
Ocean County Recycling Facility.
Amended 6-21-2005 by Ord. No. 2005-55]
Any person may donate or sell recyclable materials
to individuals or organizations authorized by the Township 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 not
designated as recyclable material collection days in the Township'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, on or before
April 1 of each year, provide written documentation to the Township
of the total amount of material recycled during the preceding calendar
year.
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 Township any of the recyclable materials designated in § 166-3 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.
[Amended 7-5-2005 by Ord. No. 2005-60]
The Recycling Coordinator, Code Enforcement Officer and/or Superintendent of Public Works is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of the recyclable materials designated in § 166-3 of this article and such other matters as are required to implement this article. Such regulations shall take effect only upon the approval of the Township Council by adoption of a resolution implementing the same. The Recycling Coordinator, Code Enforcement Officer and/or Superintendent of Public Works is hereby authorized and directed to enforce the provisions of this article and any implementing regulations adopted hereunder.
[Amended 2-21-1989 by Ord. No. 89-22]
A.
Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not more than $1,000, by imprisonment for
a term not to exceed 90 days or by community service of not more than
90 days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
