[Adopted 12-9-2008 by Ord. No. 4168-08]
Editor's Note: This ordinance repealed former Art. IV, Recycling, adopted 4-26-1988 by Ord. No. 2562-88, as amended.
This article shall be known and may be cited as the "Recycling Ordinance of the Township of Toms River."
The words, terms and phrases used in this article shall have the following meanings:
- ALUMINUM CANS
- Clean all-aluminum beverage and food containers.
- APARTMENT BUILDINGS
- Any building or portion thereof designed or used exclusively for one or more dwelling units. A building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one family and which is entirely separated from any other dwelling unit in the building by vertical or horizontal floors, and with independent means of access.
- Mixture of stone, gravel or sand and petroleum by-products used in paving.
- Lead-acid electric-generating chemical devices used in cars, trucks, other vehicles, machinery and equipment, including flashlight consumer batteries.
- Molded, rectangular blocks of clay used in building and construction.
- CEMENT BLOCKS
- Powdered calcined rock and clay material used in construction.
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial purposes, and those multiple-dwelling residential buildings containing more than four dwelling units.
- Construction material consisting of conglomerate gravel, pebbles, broken stone or slag.
- A housing corporation or association wherein the holder of a share or membership interest in the corporation or association is entitled to possess and occupy, for dwelling purposes, a house, apartment or other unit of housing owned by the corporation or association, or to purchase a unit of housing constructed or erected by the corporation or association.
- CORRUGATED CARDBOARD
- Cardboard of the type used to make cardboard boxes, cartons and similar corrugated Kraft paper material.
- DESIGNATED RECYCLABLE MATERIALS
- Those materials designated within the Ocean County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include: (list and define, as necessary,
those designated recyclable materials from the county recycling plan
for the residential, commercial and institutional sectors).[Added 6-9-2009 by Ord. No. 4205-09]
- DUAL STREAM
- Commingled: All plastic bottles, aluminum and steel cans.
Paper: Magazines, catalogues, junk mail, used writing paper, newsprint,
cardboard, office and school paper. No chipboard or pizza boxes.[Added 6-9-2009 by Ord. No. 4205-09]
- ELECTRONIC WASTE
- 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 devices 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.[Added 6-9-2009 by Ord. No. 4205-09]
- FEE SIMPLE COMMUNITY
- A private community which consists of individually owned lots or units and provides for common or shared elements or interests in real property.
- FERROUS CONTAINERS
- Clean steel or tin-plated food or beverage containers.
- FERROUS SCRAP
- Metal composed of or containing iron.
- GLASS CONTAINERS
- Clean bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, cobalt blue glass, porcelain and ceramic products. Caps are recyclable but must be removed from glass bottles before being placed in recycling containers.
- HDPE CONTAINERS
- Plastic containers made of high-density polyethylene (e.g., milk and water bottles) with tops removed.
- HORIZONTAL PROPERTY REGIME
- The form of ownership of real property, which consists of the building or buildings, common elements and other property, described in the master deed creating and establishing the same.
- INSTITUTIONAL ESTABLISHMENTS
- Those facilities that house or serve groups of people, including but not limited to hospitals, schools, nursing homes, libraries and governmental offices.
- Includes all foliage from trees and shrubs, specifically excluding branches and other foreign material.
- MIXED PAPER
- Magazines, catalogs, junk mail, personal mail and used writing paper (all colors) placed inside a brown paper bag and tied. Computer paper, paperbacks and books with hard covers removed can be bundled and tied.
- MOTOR OIL
- Petroleum derivative lubricant used in motor vehicles. Recycled at authorized locations; also accepted at authorized recycling centers.
- 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 hotels, motels, 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.).[Added 6-9-2009 by Ord. No. 4205-09]
- 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 article, and any rules and regulations which may
be promulgated hereunder.[Added 6-9-2009 by Ord. No. 4205-09]
- MUNICIPAL SOLID WASTE (MSW) STREAM
- All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of the Township of Toms River, New Jersey.[Added 6-9-2009 by Ord. No. 4205-09]
- Newsprint which has not been soiled.
- NONFERROUS SCRAP
- Metal not composed of or containing iron.
- OFFICE PAPER
- High-grade paper, office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and related types of cellulose materials containing not more than 10% by weight or volume on noncellolosic materials such as laminates, binders, coatings or saturates.
- Every owner, lessee and occupant of a residence, commercial or institutional establishment within the boundaries of the Township of Toms River.
- PET CONTAINERS
- Plastic containers made of polyethylene teraphthalate (e.g., plastic soda bottles) with tops removed.
- QUALIFIED PRIVATE COMMUNITY
- A residential condominium cooperative, fee simple community or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction, comprised of a community trust or other trust device, condominium association, homeowners' association or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community. No proprietary campground facility, as defined in Section 1 of P.L. 1993, c. 258 (N.J.S.A. 45:22A-49), shall be considered to be a qualified private community.
- RECYCLABLE MATERIALS
- 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.[Amended 6-9-2009 by Ord. No. 4205-09]
- Any occupied single-family or multifamily dwelling having up to four dwelling units per structure from which a municipal or private hauler collects solid waste.
- SINGLE STREAM
- The combination of commingled and paper listed above in 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 6-9-2009 by Ord. No. 4205-09]
- SOLID WASTE
- Garbage, refuse and other discarded solid material normally collected by a municipal or private hauler.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.[Added 6-9-2009 by Ord. No. 4205-09]
- SOURCE SEPARATION
- 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 6-9-2009 by Ord. No. 4205-09]
- STUMPS, TREE TRUNKS, BRUSH
- Unfinished wood, branches.
- Made of rubber used on cars and small motor vehicles, excluding heavy equipment and large trucks.
- WHITE GOODS
- Generally household appliances; any containing Freon must be removed by a certified technician.
Editor's Note: See definition of “dual stream.”
There is hereby established a program for mandatory separation of the following recyclable materials from the municipal solid waste stream by all persons within the Township:
[Amended 5-25-2010 by Ord. No. 4265-10]
HDPE containers (plastic).
Stumps, tree trunks, brush.
Tires off rims.
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 municipality of the Township of Toms River, 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 by regulations promulgated by the Township of Toms River.
[Amended 6-9-2009 by Ord. No. 4205-09]
Single-stream recycling collection.
[Added 6-9-2009 by Ord. No. 4205-09; amended 5-25-2010 by Ord. No. 4265-10]
For those receiving municipal collection services, single-stream recyclable materials shall be placed in suitable reusable containers clearly labeled, except in the sections of the Township designated for automated robocan collection. In these sections of the Township, each residence will be provided with one robocan per residential dwelling at no charge. For all new single-family or two-family dwellings, the developer or owner of said dwelling shall be required to pay a fee of $100 per robocan. The fee shall be paid to the Township prior to the issuance of any certificate of occupancy for said residential unit.
Two additional robocans, if available, may be purchased by the developer or owner for an additional fee of $100 per robocan.
All robocans issued by the Township for single-stream recycling shall be registered to the particular residential dwelling and shall remain the property of the Township and shall not be removed from the premises. The owner of the residential dwelling shall be required to maintain the assigned robocan(s) in good condition. Each owner shall be required to immediately report any theft, loss or damage to the Director of the Department of Public Works. In the event any robocan must be replaced, the owner shall pay a fee of $100 to replace the lost, stolen or damaged robocan.
The robocan designated for single-stream recycling shall be royal blue in color and be placed at the curb or other area designated for collection.
It shall be mandatory for all nonresidential establishments, apartment buildings, residential condominiums, cooperatives, fee simple communities, horizontal property regimes, and qualified private communities not served by the municipal recycling program to provide a record to the municipality of the types and quantities of material recycled. This record shall be provided by the nonresidential establishments, apartment buildings, residential condominiums, cooperatives, fee simple communities, horizontal property regimes, qualified private communities or by their solid waste (recycling) hauler. Weight receipts and/or letters on official company stationary shall be submitted monthly.
[Added 6-9-2009 by Ord. No. 4205-09]
All nonresidential establishments, apartment buildings, residential condominiums, cooperatives, fee simple communities, horizontal property regimes, qualified private communities or the solid waste (recycling) hauler shall further provide the municipality with the name and address of both the solid waste hauler and recycling hauler utilized, where other than that provided by the municipality, and shall further provide information to the municipality of any change of either hauler within 30 days of such change.
[Added 6-9-2009 by Ord. No. 4205-09]
Sale of recycled leaf and wood chip mulch. The Department of Public Works produces recycled leaf and wood chip mulch. This product is free to residents. Excess mulch may be offered for sale to nonresidents and other entities for a fee to be established by the Director, with the approval of the Administrator. The fee shall be posted at the Public Works facility.
[Added 5-25-2010 by Ord. No. 4265-10]
[Amended 6-9-2009 by Ord. No. 4205-09]
Residential dwelling compliance requirements. The owner of any property shall be responsible for compliance with this article. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner 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.
Nonresidential establishment compliance requirements.
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this article.
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or his or her designee. All commercial, institutional or industrial properties which provide outdoor 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
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.
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).
Any application to the Planning Board of the Township of Toms River 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 detailed analysis of the expected composition and amount 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, 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 Toms River, 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.
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Township Engineer.
Prohibition of the collection of solid waste mixed with recyclable materials.
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.
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid 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.
Once placed in the location identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
All persons within the municipality where service is provided for refuse and recycling 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 in bags (loose unbagged leaves are not accepted), or other designated area for collection at such times and dates and in the manner established by the municipality's recycling regulations.
Any person may donate or sell recyclable materials to individuals or organizations authorized by the municipality in its recycling regulations. These materials shall first be delivered to the individual's or organization's site and shall not be placed at the curb for collection by said individual or organization unless specific authorization has been given by the Director of Public Works or his representatives. Said individuals or organizations shall, prior to January 31 of each year, provide written documentation to the municipality of the total amount of material recycled during the preceding calendar year, to be submitted on a monthly basis.
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 municipality any of the recyclable materials designated in § 442-12 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.
[Amended 6-9-2009 by Ord. No. 4205-09]
The Director of Public works or his or her representative 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 § 442-12 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 Director of Public works or his or her representative is hereby authorized and directed to enforce the provisions of this article and any implementing regulations adopted hereunder.
The code Enforcement Official, The Director of Public Works or his or her representative, the Housing Officer and the Ocean County Department of Health are hereby individually and severally empowered to enforce the provisions of this article. 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.
[Amended 6-9-2009 by Ord. No. 4205-09]
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this article, or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $100, nor more than $1,000. Each day for which a violation of this article occurs shall be considered a separate offense.
Fines levied and collected pursuant to the provisions of this article shall be immediately deposited into the Municipal Recycling Trust Fund.