[1]
Editor's Note: Ordinance #753 and #780, previously contained herein, were repealed by Ordinance #959.
[Ord. #959; Ord. #1986, 11-27-2007, amended]
The following words and phrases shall have the following meanings:
ALUMINUM CANS
Shall mean food and beverage containers made entirely out of aluminum.
ANTIFREEZE
Shall mean an automotive engine coolant consisting of ethylene glycol and water or propylene glycol and water.
COMMERCIAL SECTOR
Shall mean all commercial businesses located within the Township of Bernards.
COMPUTER PRINTOUT/WHITE LEDGER
Shall mean all computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and note pad).
CONCRETE, ASPHALT AND MASONRY/PAVING MATERIAL
Shall mean asphalt concrete, brick, cinder block, patio blocks, and other masonry and paving materials.
CORRUGATED CARDBOARD
Shall mean containers, brown grocery bags, and similar paper items, usually used to transport supplies, equipment, parts or other merchandise.
CONSUMER BATTERIES
Shall mean any type of button, coin, cylindrical, rectangular, or other shaped, enclosed device or sealed container which is utilized as an energy source for commercial, industrial, medical, institutional, or household use. (does not include lead-acid batteries from vehicles).
GLASS CONTAINERS
Shall mean Au glass containers used for packaging food or beverages.
HEAVY IRON
Shall mean all structural steel or ferrous metal cast from components.
INDUSTRIAL SECTOR
Shall mean all industrial businesses located within the Township of Bernards.
INSTITUTIONAL SECTOR
Shall mean all schools, hospitals, houses of worship and other nonprofit organizations located within the Township of Bernards.
LEAD-ACID BATTERIES
Shall mean batteries from automobiles, trucks, other vehicles and machinery and equipment, which shall be stored in a manner that protects them from the elements to avoid corrosion and leakage.
LEAVES AND BRUSH
Shall mean brush and other yard trimmings, including grass clippings, from institutions, commercial or industrial sources.
MAGAZINES AND JUNK MAIL
Shall mean magazine stock, white and colored paper and envelopes, telephone directories and books.
MERCURY-CONTAINING DEVICES
Shall mean fluorescent and compact tubes, high-intensity discharge (HID) and neon lamps, electrical switches, thermostats, thermometers, and any batteries containing mercury.
MIXED OFFICE PAPER
Shall mean items listed in the computer printout/white ledger category when mixed with envelopes, manila folders and color paper. Material is generated by commercial/institutional sources.
NEWSPAPERS
Shall mean all paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute grade Nos. 6, 7 and 8 news).
PLASTIC CONTAINERS
Shall mean containers such as polyethylene terephthalate (PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2) milk, and water or detergent bottles.
RESIDENTIAL DWELLING OR STRUCTURE
Shall mean all single-family and two-family dwellings or structures in the Township of Bernards, including townhouses and condominiums.
SCRAP AUTOS
Shall mean crushed or shredded automobile or truck bodies, excluding auto shredded residue or fluff.
STEEL AND BIMETAL CANS
Shall mean rigid containers made exclusively or primarily of steel, tin-plated steel, and composite steel and aluminum cans used to store food beverages, paint, and a variety of other household and consumer products.
STUMPS, LOGS AND TREE PARTS
Shall mean unfinished wood from land clearing projects, storm damage or pruning activities.
TEXTILES
Shall mean textiles larger than 15 inches by 15 inches (e.g., clean clothing, drapes, curtains, sheets, towels, cloth, belts, shoes, handbags, and small stuffed animals).
USED CONSUMER ELECTRONICS
Shall mean any appliance used in a business that includes circuitry; includes components and subassemblies of electronic products.
USED MOTOR OIL
Shall mean a petroleum base or synthetic oil whose use includes, but is not limited to, lubrication of internal combustion engines, which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
WHITE GOODS AND LIGHT IRON
Shall mean all large appliances, such as washers, dryers, refrigerators, etc., as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums, and other nonstructural ferrous scrap.
WOOD WASTE
Shall mean unfinished lumber from construction or demolition projects, including pallets. Unfinished shall mean nonchemically treated (not pressure treated, impregnated with preservatives, insecticides, fungicides, creosote, or other chemicals, and not painted, resin-coated or otherwise surface treated, and not laminated or bonded; and not similarly altered from its natural condition).
[Ord. #959; Ord. #1986, 11-27-2007, amended]
There is hereby established a program for the mandatory separation of newspapers, mixed office papers, corrugated cardboard, glass containers, aluminum cans, plastic containers, consumer batteries and steel and bimetal cans for residential, commercial, industrial and institutional occupants or owners. In addition, commercial, industrial and institutional occupants or owners shall be required to separate high-grade office paper.
[Ord. #959; Ord. #1272, 9-18-1997, amended]
a. 
Residential. The occupant or owner of any residential dwelling or structure who shall place for disposal, removal or collection the following named items shall do so in strict conformity with the following regulations:
1. 
Newspapers shall be bundled separately and secured in bundles not to exceed 35 pounds and shall not be contained in plastic bags.
2. 
Glass containers, plastic containers, aluminum cans and steel and bimetal cans shall be placed inside a Somerset County approved blue recycling container and may be mixed together.
[Ord. #1986, 11-27-2007, amended]
3. 
Consumer batteries shall be placed in a sealed zip-top plastic bag; the battery bag shall be placed on top of your blue recycling container. Ord. #1986, 11-27-2007, amended)
4. 
Corrugated cardboard shall be bundled in pieces no larger than 24 inches square, tied with twine, and placed next to the blue recycling container on pickup days.
b. 
Commercial, Industrial and Institutional. The occupant or owner of any commercial, industrial or institutional property who has not made private, alternate arrangements for the recycling of the following materials shall transport these to the Township of Bernards Recycling Center in strict conformity with the following regulations as directed by the Township of Bernards:
1. 
Newspapers shall be bundled separately and secured in bundles not to exceed 35 pounds and shall not be contained in plastic bags.
2. 
Glass containers, plastic containers, steel and bimetal cans shall be contained in an occupant- or owner-supplied plastic bag and may be mixed together. Bags shall not exceed 15 pounds in weight.
[Ord. #1986, 11-27-2007, amended]
3. 
Consumer batteries shall be placed in a zip-top plastic bag. The battery bag shall be placed inside the larger plastic bag(s) recyclables.
[Ord. #1986, 11-27-2007, amended]
4. 
Corrugated cardboard shall be bundled in pieces no larger than 24 inches square, and tied with twine.
5. 
Mixed office paper shall be placed in a suitable container for easy removal.
[Ord. #1986, 11-27-2007, amended]
[Ord. #959]
a. 
Residential. The collection, removal and disposal of newspapers, mixed office papers, telephone books, corrugated cardboard, glass containers, aluminum cans, plastic containers (No. 1 and No. 2 plastic bottles), consumer batteries, steel and bimetal cans, leaves, textiles, used motor oil, asphalt, concrete, and wood waste shall be supervised by the Township of Bernards or its designated agent, who shall have the authority to establish the time, method and routes of service. All blue recycling containers required herein shall be supplied by Somerset County and placed prior to collection between the curb and sidewalk where they shall be readily accessible to the collector. Blue recycling containers and newspapers to be disposed of shall be placed outside after 6:00 p.m. of the day immediately preceding the day of collection, but not later than 7:00 a.m. of the day of collection.
[Ord. #1272, 9-18-1997, amended; Ord. #1986, 11-27-2007, amended]
b. 
Townhouse and Condominiums. All townhouses and condominiums shall participate in the same manner as all other residential property owners.
c. 
Commercial, Industrial and Institutional. The collection, removal and disposal of newspapers, mixed office papers, computer printout/white ledger, magazines and junk mail, corrugated cardboard, glass containers, aluminum cans, plastic containers (No. 1 and No. 2 plastic bottles), consumer batteries, lead-acid batteries, steel cans, antifreeze, concrete, heavy iron, leaves and brush, mercury-containing devices, scrap autos, stumps, logs and tree parts, textiles, used consumer electronics, used motor oil, white goods and light iron, and wood scrap shall be supervised by the Township of Bernards or its designated agent, who shall have the authority to establish the time, and method of service. All plastic bags required herein shall be supplied by the occupant or owner of the premises.
[Ord. #1986, 11-27-2007, amended]
[Ord. #959]
It shall be a violation of this section for any person unauthorized by the Township of Bernards to collect or pick up or cause to be collected or picked up any such items during the twenty-four-hour period commencing at 6:00 p.m. on any day preceding a day designated for collection from residential properties. Any and each such collection in violation hereof from one or more residences during said twenty-four-hour period shall constitute a separate and distinct offense punishable as hereinafter provided. Nothing herein shall limit the authority of the Township of Bernards to permit the collection of the recyclables by approved volunteer organizations. Nothing herein shall limit commercial, industrial and institutional property owners with making arrangements for the private recycling of the designated materials, provided that the Township of Bernards gives prior approval for such private collection of designated materials.
[Ord. #959]
Any person, institution, firm or corporation which violates or neglects to comply with any provisions of this section or any regulation promulgated pursuant thereto shall, upon conviction thereof, be punishable by a fine not to exceed $500.
[Ord. #959; Ord. #1023, § 1; Ord. #1272, 9-18-1997, amended; Ord. #1986, 11-27-2007, amended]
The Director of Public Works, or designated official, hereby is authorized and directed to enforce this section as the recycling coordinator for the Township. He is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and items for the collection of newspapers, other papers, corrugated cardboard, household batteries, high-grade office paper, aluminum cans, glass and plastic bottles, in accordance with the terms hereof and any other matters required to implement this section. The Township Committee may change, repeal or amend any portion of said rules and regulations at any time. The Director of Public Works or his designee shall investigate any and all complaints of ordinance violations and issue summonses where appropriate in accordance with Subsection 18-6.6 of this section and shall monitor on a reasonable basis, but not less than once a year, the residential, commercial, industrial and institutional sectors of the municipality so as to determine the extent of compliance with this section.
[Ord. #959; Ord. #1272, 9-18-1997, amended]
It is prohibited and will be deemed a violation hereof for any owner, lessee or occupant of any residential, commercial, industrial or institutional property in the Township of Bernards to put into or cause to be put into the solid waste collection stream any brush, leaves or grass. Brush and leaves only may be recycled at the Township's recycling facility.
[Ord. #959]
It is prohibited and will be deemed a violation hereof for any owner, lessee or occupant of any residential, commercial, industrial or institutional property in the Township of Bernards to put into or cause to be put into the solid waste collection stream any crankcase oil. This is to be recycled at appropriate designated oil reclamation centers.
[Ord. #1149]
a. 
All commercial, industrial and institutional sections are required to prepare waste reduction audits and waste reduction plans according to the following schedule:
1. 
For any establishment with 500 or more employees, a waste audit and reduction plan must be prepared and submitted to the Township of Bernards and County of Somerset by December 31, 2007.
[Ord. #1986, 11-27-2007, amended]
2. 
For any establishment with 250 to 500 employees, a waste audit and reduction plan must be prepared and submitted to the Township of Bernards and County of Somerset by December 31, 2007.
[Ord. #1986, 11-27-2007, amended]
3. 
For any establishment with 100 to 250 employees, a waste audit and reduction plan must be prepared and submitted to the Township of Bernards and County of Somerset by December 31, 2007.
[Ord. #1986, 11-27-2007, amended]
b. 
The waste reduction plan shall include, but not be limited to, the following:
1. 
The plan must indicate how the use of heavy metals will be eliminated from products and packaging.
2. 
The plan must indicate how the use of double packaging, except where required for the integrity, health, safety of the products, will be eliminated.
[Ord. #1986,[1] 11-27-2007, added]
a. 
At the time of issuance of any building permit, the Building Code Official will provide written instruction on proper disposal and recycling of construction and demolition waste (that requires removal of 21 or more cubic yards of waste materials) and furnish a notice of construction/demolition activity form that must be filled out by the permittee and faxed to the Somerset County Department of Health-CEHA OPERATIONS within 48 hours of the issuance of a municipal permit.
b. 
New Developments of Multifamily Residential Units or Commercial, Institutional, or Industrial Properties (Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c.)
1. 
Any application to the Planning Board of the Township of Bernards, 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:
(a) 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
(b) 
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.
2. 
Prior to issuance of a certificate of occupancy by the Township of Bernards, 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.
3. 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.
[1]
Editor's Note: This ordinance also renumbered former Subsections 18-6.11, 18-6.12 and 18-6.13 as Subsections 18-6.12, 18-6.13 and 18-6.14, respectively.
[Ord. #1149]
a. 
All commercial, industrial and institutional establishments with 100 or more employees must submit a plan to the Township of Bernards and County of Somerset which outlines how source separation and recycling shall be accomplished within the establishment. The plan shall include, but not be limited to, the following:
1. 
The manner in which the designated recyclables will be source separated from the waste stream.
2. 
The name of the market vendor for each designated recyclable commodity.
[Ord. #1149]
This Ordinance #1149 shall be enforced by a Township Committee designated local enforcement officer who shall investigate alleged violations called to his attention by a collector of nonrecyclable solid waste. In the event the local enforcement officer shall determine that a violation of this ordinance or any regulation promulgated pursuant thereto has occurred, he shall notify the party responsible for the violation detailing the particulars thereof. In the event a second violation of this ordinance or any regulation promulgated pursuant thereto should occur, the local enforcement officer shall file a complaint therefor in Municipal Court.
[Ord. #1149]
Any person, firm or corporation that violates or neglects to comply with any provisions of this ordinance (No. 1149)[1] or any regulation promulgated pursuant thereto shall, upon conviction thereof, be punishable by a fine not to exceed $500.
[1]
Editor's Note: Ordinance #1149 has been codified as Subsections 18-6.10 and 18-6.12 through 18-6.12.