[HISTORY: Adopted by the Township Council of the Township of Lower as indicated in article histories. Amendments noted where applicable.]
Article I Rubbish and Trash
Article II Recycling
[Adopted by Ord. No. 90-10 (Sec. 3-5 of the 1975 Code)]
[Amended by Ord. No. 97-5]
As used in this article, the following terms shall have the meanings indicated:
- COMMERCIAL TRASH
- Any rubbish that is generated from any nonresidential property
within the Township.[Amended 10-4-2010 by Ord. No. 2010-10]
- Any waste material in the process of or subject to decomposition or decay and/or material incident to ordinary domestic or business use or purposes, and shall include, among other things, kitchen refuse, animal or vegetable matter, offal and decaying and decomposing substances.
The following shall be acceptable as authorized private receptacles for the types of rubbish indicated, provided that they are used in such a manner as to prevent their contents from being scattered or being carried by the elements upon any public place or upon private premises:
Rubbish can be set out in a metal or other noncorrosive receptacle. Each receptacle shall have a capacity not to exceed 32 gallons. No receptacle having ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be used. No one receptacle shall exceed 50 pounds in weight. Household material which is too bulky, such as large appliances, will be collected separately. An appointment for special pickup must be made with the Road Department, and a separate fee may be charged. One bulk item, excluding "white goods" and recyclable items, will be collected each week, provided it fits inside the trash compactor.
Flammable, explosive or toxic materials, shall not be placed in containers for regular collection, but shall be disposed of as prescribed by the Department of Environmental Protection and as scheduled by the Cape May County Municipal Utilities Authority.
[Amended by Ord. No. 97-5; 10-4-2010 by Ord. No. 2010-10]
All residential units (other than apartments or condominiums where the complex has more than six units in any one building) will be allowed three thirty-five-gallon containers per week.
Condominium and apartment complexes which have more than six units in any one building shall be allowed either three thirty-five-gallon containers or up to one two-cubic-yard dumpster per week for every six units or fraction thereof, unless otherwise approved by the Department of Public Works.
[Amended by Ord. No. 91-19]
Rubbish will be collected in accordance with a definite schedule, which will be announced from time to time by the Department of Public Works.
When collections are made during the day, all authorized private receptacles must be placed at the curbside area before 7:00 a.m., but not before 7:00 p.m. on the previous day.
Bulk trash collection. The following shall be the fees and policy for the collection of bulk trash not collected with regular household rubbish collection.
Bulk items not collected with the regular household collection will be picked up by making an appointment and paying the appropriate fee as set forth below for same with the Department of Public Works prior to the scheduled collection date.
All items are to be placed curbside no sooner than one week prior to the appointment date for collection and shall be placed out in a manner so as not to pose a danger or traffic hazard.
No hazardous waste, asbestos, construction/demolition materials or concrete will be collected under this program. All construction material must be removed by the licensed contractor or property owner.
The fees to be charged for curbside collection of the below-listed items will be as follows, except that each household will be permitted to have two bulk items collected without charge each calendar year, excluding tires.
Refrigerators or freezers (doors to be removed): $10 for each item.
Washers, dryers, other appliances, sofas, and/or stuffed chairs, mattresses and box springs: $7 for each item.
Miscellaneous bulk trash not classified above: $10 per cubic yard. (The amount may be determined after inspection by a member of the Public Works Department.)
Public works facility.
The following items may be dropped off at the public works facility, 771 Seashore Road, Cold Spring, Monday through Friday between 7:30 a.m. and 3:00 p.m. and between 8:00 a.m. and 4:00 p.m. on Saturday and Sunday, excluding holidays. These hours may be changed from time to time as the Township deems necessary.
The Township will not accept at the public works facilities any loose bulk trash, asbestos, hazardous waste materials, concrete, construction/demolition materials or tires.
[Amended by Ord. No. 97-5; 10-4-2010 by Ord. No. 2010-10]
The fees for collection of commercial trash shall be as follows:
Businesses with thirty-yard roll-off containers: $125 per pickup.
Businesses with thirty-five-gallon containers: $25 per month based on one pickup per week with no more than three containers. Excess will be picked up at an additional charge based on the prorated rates set forth in this subsection.
Businesses with two-yard dumpsters: $52 per month based on one pickup per week with no more than one container. Excess will be picked up at an additional charge based on the prorated rates set forth in this subsection.
Businesses with three-yard dumpsters: $78 per month based on one pickup per week with no more than one container. Excess will be picked up at an additional charge based on the prorated rates set forth in this subsection.
Businesses with four-yard dumpsters: $104 per month based on one pickup per week with no more than one container. Excess will be picked up at an additional charge based on the prorated rates set forth in this subsection.
Any person desiring commercial trash collection shall notify the Department of Public Works to establish a schedule for such commercial trash collection and shall pay the fees for such collection pursuant to Subsection A of this section.
[Amended by Ord. No. 97-5]
Members of the Lower Township Police Department, the Code Enforcement Officer, and members of the County Health Department are hereby authorized to enforce the provisions of this article.
[Amended by Ord. No. 97-5]
Any person not complying with this article may be subject to a fine of not less than $100 nor more than $500.
[Adopted 4-1-2013 by Ord. No. 2013-07]
Editor's Note: This ordinance also repealed former Art. II, Recycling, adopted by Ord. No. 90-6 (Sec. 3-6 of the 1975 Code), as amended 1-7-2008 by Ord. No. 2007-21.
This article shall be known and may be cited as the "Township of Lower Recycling Program Ordinance."
For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
- DESIGNATED RECYCLABLE MATERIALS
- Those materials designated within the Cape May County Solid Waste Management Plan to be source-separated for the purpose of recycling by residential, commercial, institutional and industrial sectors. The recycling of these materials is mandatory; they cannot be disposed of as solid waste. The source-separated recyclable materials that are mandated for recycling are organized into the following two categories, which include but are not limited to:
- A. Category 1: designated recyclable materials to be set out at curbside. The following source-separated recyclable materials shall be mixed together and set out at curbside for collection; this set-out and collection system shall be known as "single-stream collection." The following items are included as "single-stream recyclable materials":
- (1) Paper products: newspaper with inserts, magazines, office paper, junk mail including shredded paper, telephone and paperback books, corrugated cardboard, brown paper bags, nonfoil wrapping paper, and chipboard packaging including but not limited to dry food boxes (cereal, rice, pasta, cookie and cracker), gift, shoe and tissue boxes, powdered-detergent boxes, paper towel rolls, clean pizza boxes (no food debris) and cardboard beverage carriers. Remove and throw away all liner bags, food-contaminated paper and wax-coated cardboard boxes. Shredded paper may be placed in a clear plastic bag.
- (2) Glass, food and beverage containers: clear, green and brown food and beverage bottles and jars; excluding, however, blue bottles, window glass and light bulbs. All food and liquid residue shall be removed from containers.
- (3) Metal food and beverage containers: aluminum and steel food and beverage containers five gallons or less in size, including empty aerosol cans. No paint cans. All food and liquid residue shall be removed from containers.
- (4) Plastic containers: Plastic containers imprinted with a (PETE),(HDPE), (PVC), (LDPE), (PP), (PS) or (Other) on the bottom, five gallons or less in size, including bottles, jugs, jars and other rigid plastic containers. Plastic containers from food, beverage, health, beauty and cleaning products are included. Examples include, but are not limited to, margarine tubs, microwave trays, yogurt containers, plastic buckets and landscape pots. No Styrofoam packaging. No polystyrene egg cartons. No beverage cups. No PVC pipe. No plastic film. No plastics which contained chemicals or hazardous products, such as motor oil or pesticide containers. All food and liquid residue shall be removed from containers.
- B. Category 2: designated materials to be recycled by the individual generator or municipality via dropoff at Cape May County Municipal Utilities Authority (CMCMUA) or private NJDEP-approved recycling facilities, as applicable:
- (1) Christmas trees: free of decorations, tree stands and plastic bags;
- (2) Leaves: comprised mainly of tree and plant leaves and not contaminated with brush or other material;
- (3) Grass: lawn grass clippings.
- (4) Brush, tree branches and stumps: all parts of vegetative growth from trees, and vegetative materials generated during land clearing;
- (5) Ferrous and nonferrous scrap: metals, such as copper, iron, sheet metal, aluminum, radiators, structural steel, metal pipe and white goods, including, but not limited to, appliances containing CFC's or Freon;
- (6) Computers and consumer electronics: a computer central processing unit and associated hardware, including keyboards, modems, printers, scanners and fax machines, cathode-ray tubes, cathode-ray tube devices, flat-panel displays or similar video display devices with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including, but not limited to, televisions and cell phones; also includes VCR's, radios and landline telephones;
- (7) Motor oil/kerosene/No. 2 heating oil: crankcase oil and similar oils, kerosene fuel and No. 2 home heating oil which are used to fuel heating equipment;
- (8) Wood pallets and crates: clean untreated, unpainted pallets and crates only;
- (9) Batteries: lead-acid batteries, used SLA (sealed lead acid) batteries generated from motor vehicles, aviation and marine equipment;
- (10) Propane tanks: empty twenty-pound to thirty-pound barbecue-type tanks;
- (11) Contaminated soil: if classified as ID27, all fuel-contaminated soil, dewatered soil, and stone from septic beds and similar materials which are allowed to be recycled in accordance with the regulations of the New Jersey Department of Environmental Protection;
- (12) Commercial cooking grease: grease and oil generated from food preparation by commercial sources only;
- (13) Asphalt and concrete: asphalt and concrete materials from construction and demolition projects;
- (14) Auto and truck bodies: all junk automobiles, trucks and parts;
- (15) Tires: worn truck and passenger car tires;
- (16) Used oil filters: used filters that are generated from changing crankcase oil in automobiles, trucks and other vehicles;
- (17) Antifreeze: used antifreeze generated from automobiles, trucks and other vehicles/sources; and
- (18) Consumer rechargeable NiCad (nickel-cadmium) and small, sealed lead-acid batteries: Small, sealed batteries generated from use of electronic equipment.
- MUNICIPAL RECYCLING COORDINATOR
- The person or persons appointed by the municipal governing body and who shall be authorized to enforce the provisions of this article and any rules and regulations which may be promulgated hereunder. This appointee shall also be responsible for assuring that all materials recycled in the municipality are properly reported and recorded. The New Jersey Mandatory Source Separation and Recycling Act requires that each municipality appoint at least one individual as Municipal Recycling Coordinator who has successfully completed all requirements mandated by the State of New Jersey to be designated as a New Jersey certified recycling professional.
- MUNICIPAL SOLID WASTE (MSW) STREAM
- All solid waste generated at residential, commercial and institutional establishments within the boundaries of the Township of Lower.
- The New Jersey Department of Environmental Protection.
- RECOMMENDED RECYCLABLE MATERIALS
- Those materials recommended within the Cape May County Solid Waste Management Plan to be source-separated or the purpose of recycling by residential, commercial, institutional and industrial sectors. The source-separated recyclable materials that are recommended for recycling are:
- RECYCLABLE or 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 products.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Recyclable materials which are separated from solid waste at the point of generation by the generator thereof for the purposes of recycling.
- SOURCE SEPARATION
- The process by which recyclable materials are separated from solid waste at the point of generation by the generator thereof for the purposes of recycling.
Mandatory source separation. It shall be mandatory for all persons who are owners, lessees, tenants or occupants of residential and nonresidential premises, including but not limited to retail and commercial locations, government, schools and other institutional locations within Township of Lower, to separate designated recyclable materials from all solid waste.
Category 1 designated recyclable materials shall be placed at the curb in a manner and on such days and times as may be hereinafter established by the Township of Lower Public Works Department.
When municipal curbside collection is not provided for designated recyclable materials, as is the case for those recyclables included in Category 2, it shall be the obligation of the generator to deliver or arrange for the delivery of such materials to the Cape May County Municipal Utilities Authority (CMCMUA) recycling facilities located at the sanitary landfill and/or transfer station as applicable, or to a private sector market for recycling. Category 2 [(a),(b),(c),(d),(e),(f)] materials may be delivered to Township of Lower Public Works Department, 771 Seashore Road, Colds Springs.
The collection of source-separated recyclable materials shall be in the manner prescribed as follows:
It is the responsibility of the property owner to provide adequate size and number of containers for the placement of recyclables for curbside collection as follows: single-stream recyclable materials, as defined in § 570-9, Subsection A, "Category 1," of the definition of "designated recyclable materials," shall be mixed together in one container. More than one container may be used for single-stream recyclable materials; however, each container used should be marked or labeled to identify its contents as single-stream recyclable materials. All set-out containers which contain single-stream 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 recycled shall be placed as noted above any time after 5:00 p.m. of the day immediately preceding the day of collection, but no later than 7:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection.
Container to be used for single-stream recyclable materials shall have a capacity not to exceed 32 gallons and 50 pounds in weight.
All receptacles or dumpsters shall be maintained in a clean and safe manner.
The following materials must be source-separated and recycled through the municipal recycling program in the following manner:
Leaves and grass: Leaves are collected loose and curbside in accordance with the schedule adopted yearly. Grass in receptacle marked with material is collected in accordance with the adopted yearly schedule. Leaves and grass are not to block rain flow to storm inlets. Recyclables may be delivered to the Township's recycling center.
Christmas trees: Collection is in accordance to adopted yearly schedule.
Brush, tree branches and tree stumps: Branches no longer than seven feet and six inches in diameter free of debris will be collected curbside in accordance with the schedule adopted yearly. Branches are not to block rain flow to storm inlet. Branches may be delivered to the Township's recycling center during regular scheduled business hours. Stumps are not accepted at the Township's center but may be delivered to private sector NJDEP-permitted Class B facilities or the CMCMUA.
White goods: collected by appointment in accordance with adopted yearly schedule. Doors are to be removed.
Ferrous and nonferrous scrap: collected by appointment in accordance with adopted yearly schedule. Metal may also be delivered to the Township's recycling center during regular working hours.
Rigid plastics: may be taken to the Township's recycling center during regular business hours.
Electronics, computers, TV's: Generator may take to the Township's recycling center during regular business hours or take to CMCMUA recycling facilities or any NJDEP-approved recycling center.
The following materials must be source-separated and recycled by the generator at authorized CMCMUA recycling facilities or any NJDEP-approved recycling center:
Wood pallets and crates: Generator may take to the CMCMUA recycling facilities or any NJDEP-approved recycling center.
Propane tanks: Generator may take to the CMCMUA recycling facilities or any NJDEP-approved recycling center.
Tires: Generator may take to CMCMUA recycling facilities or any NJDEP-approved recycling center.
Antifreeze: Generator may take to CMCMUA recycling facilities or any NJDEP-approved recycling center.
Lead-acid batteries: Generator may take to CMCMUA recycling facilities or any NJDEP-approved recycling center.
Used motor oil: Generator may take to CMCMUA recycling facilities or any NJDEP-approved recycling center.
Kerosene/No. 2 heating oil: Generator may take to CMCMUA recycling facilities or any NJDEP-approved recycling center.
Used oil filters: Generator may take to CMCMUA recycling facilities or any NJDEP-approved recycling center.
Asphalt and concrete: Generator may take to CMCMUA recycling facilities or any NJDEP-approved recycling center.
Auto and truck bodies: Generator may take to CMCMUA recycling facilities or any NJDEP-approved recycling center.
Contaminated soil: Generator may take to CMCMUA recycling facilities or any NJDEP-approved recycling center.
Commercial cooking grease: Generator may take to CMCMUA recycling facilities or any NJDEP-approved recycling center.
Consumer rechargeable NiCad and small, sealed lead-acid batteries: Generator may take to the Township's recycling center or CMCMUA recycling facilities or any NJDEP-approved recycling center.
Residential dwelling compliance requirements. The owner of each property shall be responsible for compliance with this article. For multifamily units, including but not limited to condominium complexes and seasonal hotel/motels and guest houses, the management or owner is responsible for setting up and maintaining the recycling system, including collection of designated recyclable materials, except for those designated recyclable materials for which municipal collection service is provided to multifamily units. Violation and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The owner or management shall issue notification and collection rules regarding recycling requirements to all new tenants when they arrive, with a reminder a minimum of every six months during their occupancy.
Commercial establishment compliance requirements.
All commercial, business and industrial facilities shall be required to comply with the provisions of this article.
The arrangement for collection of all categories of designated recyclable materials hereunder shall be the responsibility of the commercial, institutional or industrial property owners or their designees, except for those specific designated recyclable materials that are collected by the municipality from that property. All commercial, institutional or industrial properties at which litter is generated by employees or the public shall provide litter and recycling receptacles. These properties shall provide for separate recycling collection services for the contents of the recycling receptacles.
All business, institutional and industrial facilities shall report on a quarterly basis to the Municipal Recycling Coordinator, on such forms as may be prescribed, regarding recycling activities at their premises, including the amount and type of recycled material not placed curbside for municipal collection. If material is removed from the premises by a hauler, recycler or paper shredder, the quantity and final disposition of the material is to be reported on the form.
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle commercial cooking 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.
New developments of multifamily residential units or commercial, institutional or industrial properties.
Any application to the Planning Board of the Township of Lower, for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of three or more units, or any commercial, institutional or industrial development of 1,000 square feet or more, must include a recycling plan. This plan shall contain, at a minimum, the following:
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
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, at a convenient location, and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
Prior to the issuance of a certificate of occupancy by the Township of Lower, 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 designated recyclable materials for those locations or properties where the municipality does not otherwise provide this service.
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 container of solid waste contains designated recyclable materials.
It shall be the responsibility of the owner or occupant to properly segregate the uncollected waste for proper disposal and/or recycling. Allowing such unseparated solid waste and recyclables to accumulate at the curbside beyond 7:00 p.m. on the day of collection will be considered a violation of this article and the local Sanitary Code.
Once placed in the location identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than any personnel authorized by the municipality or the owner or occupant responsible for placement of the designated recyclable materials for collection, shall tamper with, collect, remove, or otherwise handle designated recyclable materials. Upon placement of such designated recyclable material, it shall become property of the municipality. It shall be a violation of this article for any person not duly authorized to collect or pick up or cause to be collected or picked up any recyclable materials that are the property of the municipality as provided for above.
For all activities that require municipal approval, such as construction, demolition or public event permits, a designated recyclable materials plan shall be filed along with all other required permit conditions. The plan shall include provisions for the recovery of all designated recyclable materials generated during construction, renovation and demolition activities as well as public events.
Compliance with recovery requirement. The Municipal Recycling Coordinator shall review the information submitted pursuant to this section of this article and determine, prior to the issuance of the municipal approval or permit, whether the plan submitted by the owner of the entity carrying out the covered activity will comply or fail to comply with the recycling requirements set forth herein. The determination regarding compliance will be provided, in writing, to the Municipal Public Works Director/Supervisor and the owner of the entity carrying out the covered project. When such plan is deemed not compliant, the Municipal Recycling Coordinator shall include specific conditions to be implemented by the permit holder to achieve compliance. It shall be a violation of this article for any owner or permit holder to fail to comply with the recycling requirements set forth herein.
[Adopted 2-20-2013 by Ord. No. 2013-14]
Definition. For the purpose of this article, "scrapping" is hereby defined as any action taken by those independent persons or entities, not associated with the Township of Lower, who engage in the practice of searching and gathering certain discarded bulk materials for the purpose of resale to recycling entities.
Bulk materials vs. normal household materials. Bulk materials are hereby defined as any materials other than those recyclable materials normally picked up by Lower Township on a regular basis (i.e., aluminum, tin, steel cans, glass, plastic, cardboard, paper, etc., hereinafter "normal household recyclables"). Scrappers are hereby specifically prohibited from gathering normal household recyclables.
Permit required; fee. All such persons described above (hereinafter referred to as "scrappers"), prior to conducting the activities described in Subsection B above, shall first obtain a permit from the Township before conducting any such activity. The fee for said permit shall be $10 for the term of one year. Said one-year period shall run from January 1 to December 31.
Applicant requirements. In order to qualify for said permit each applicant must show that he or she is a Lower Township resident and present a valid driver's license, registration and valid proof of insurance for any vehicle intended to be used for this activity. The applicant is hereby further required to sign an indemnification agreement indemnifying the Township from any liability as a result of the actions of the applicant or any agent of the applicant while conducting any activities pursuant to this section.
Accounting of materials taken. All persons acting under this section are to provide copies of receipts from the salvage yard to the Township setting forth only the weight and type of material removed from Lower Township.
All activities under this section are limited to only those areas designated herein for placement of any recyclable materials for pickup by the Township (i.e., curbside) and those specifically authorized by the property owner.
All persons conducting the activities described herein and are to leave any areas where such activity has been conducted in a neat and orderly fashion.
Storage. No material gathered pursuant to any activity governed under this section is to be stored anywhere in the Township of Lower, unless stored in an area previously and expressly approved by the Township of Lower as being an appropriate site for the storage of such materials.
The Municipal Recycling Coordinator and the following designees: members of the Lower Township Police Department, the Code Enforcement Officer and members of the County Health Department, are hereby individually and severally empowered to enforce the provisions of this article. The enforcers of this article may conduct inspections at the site of the generator, which consists of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any designated recyclable material.
Additionally, the Cape May County Health Department (CMCHD) shall be empowered to enforce the provisions of this article. The municipality shall retain primary enforcement responsibility, with the CMCHD serving in a secondary enforcement role, which includes inspection of commercial establishments with proof of violations prior to law enforcement actions.
The governing body is hereby authorized to promulgate, from time to time, additional rules and regulations relating to the source separation, preparation, placement and collection of recyclable materials pursuant to the provisions of this program and articles provided, however, that such rules and regulations shall not be inconsistent with terms and provisions of this article and shall be approved by the governing body. Such rules and regulations shall be duly promulgated subsequent to publication so that the public has had notice thereof.
Any person or entity violating, or failing to comply with, any of the provisions provided in this article shall, upon conviction thereof, be punishable by a fine of not less than $50 and not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Municipal Judge. The continuation of any violation for each successive day shall constitute a separate offense, and the person, persons, or entity allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. Any violation may be afforded at least one warning at the discretion of the enforcement designees before the issuance of any fines.