[Adopted 9-18-1989 by Ord. No. 89-41 (Ch.
12 of the Revised General Ordinances); amended in its entirety 6-23-2008 by Ord. No.
2008-12]
Pursuant to the Statewide Mandatory Source Separation
and Recycling Act, each resident of the Township of West Windsor shall
be required to comply with the Recycling Plan of the Township of West
Windsor, adopting the Mercer County Recycling Plan to meet the state-mandated
recycling goals. To effectuate and implement the West Windsor Township
Recycling Plan, it is hereby required that the following standards
apply.
A.
The Township of West Windsor hereby adopts this article
to provide for recycling within its borders pursuant to the Recycling
Act, adopting herein the Mercer County Recycling Plan as its official
municipal recycling program.
B.
All municipal contracts for solid waste collection
and/or disposal within the Township of West Windsor shall be consistent
with this article and the Mercer County Recycling Plan.
For the purpose of this article, the following
definitions shall apply:
Metal aluminum containers of the type commonly used for the
packaging of beverages and food products.
Those cans with side and bottom construction made of steel
and with top construction made of aluminum.
Those materials which would otherwise become municipal solid
waste for municipalities as listed here, and which may be collected,
separated, processed and returned to the economic mainstream in the
form of materials or products. Acceptable commingled materials shall
include acceptable metal containers and acceptable glass as here defined
herein. In no event shall acceptable commingled materials include
unacceptable commingled materials.
Metal containers of the type commonly used for the packaging
of beverage and food products.
Any clear, amber and green glass container of the type commonly
used for beverage and food products. Expressly exempted from this
definition are glass containers used for non-beverage or non-food
products such as pesticides, herbicides, or other chemicals. Light
bulbs, plates, safety and mirrored glass are also not considered acceptable
glass.
Metal containers (cans) of the type commonly used for beverage
and food products only, and may include aluminum, tin plate steel
and bimetal cans. Expressly exempted from this definition are cans
utilized for the packaging of chemicals or other non-food and non-beverage
products.
Newspapers and associated inserts and periodical magazines.
Any polyethylene terephthalate (PET) and high-density polyethylene
(HDPE) plastic container of the type commonly used for beverage and
food containers only. PET or HDPE containers utilized for non-food
and non-beverage items are expressly exempted from this definition.
A group of two or more cells connected together to furnish
electric current. For the purposes of this article, the "battery"
and/or "batteries" being referred to are only for motor vehicles,
including automobiles, trucks and motorcycles.
An individual, separate, hermetically sealed, or made airtight
with a metal or plastic cap, bottle or can composed of glass, metal,
plastic or any combination thereof, containing a beverage.
Milk, alcoholic beverages, including beer or other malt beverages,
liquor, wine, vermouth and sparkling wine, and nonalcoholic beverages,
including fruit juice, mineral water and soda water and similar nonalcoholic
carbonated and noncarbonated drinks intended for human consumption.
Any equipment determined to be necessary to complete the
collection services described in the Recycling Plan and ordinance
attached hereto and made a part hereof.
Those businesses which constitute wholesale, retail or service
establishments such as restaurants, stores, markets, theaters, hotels,
warehouses and offices.
Corrugated containers having liners of test liner, jute or
kraft.
The Mercer County collection and processing system as more
fully described in the Mercer County Recycling Plan and any amendments
thereto attached hereto and made a part hereof.
Crushed or shattered glass with an average particle size
of one millimeter by one millimeter to two millimeters by two millimeters
(+/-).
The New Jersey Department of Environmental Protection.
Those materials named in the approved Mercer County Recycling
Plan and any amendments thereto attached hereto and made a part hereof.
The ultimate market for designated recyclable materials,
which utilizes said materials as raw materials in the manufacture
of new commodities.
The Mercer County Improvement Authority's solid waste transfer
station located in Ewing Township, New Jersey, at Block 13, Lots 3,
10, 16, 17 and 37.
A food commodity packaged in any manner in advance of sale
in units suitable for retail sale and which is not intended for consumption
at the point of manufacture.
Those businesses which include manufacturing, industrial,
and research and development entities.
Any building or structure of one or more stories and any
land appurtenant thereto, and any portion thereof, in which three
or more units of dwelling space are occupied, or are intended to be
occupied by three or more persons who live independently of each other.
This definition shall also mean any group of 10 or more buildings
on a single parcel of land or on contiguous parcels under common ownership,
in each of which two units of dwelling space are occupied or intended
to be occupied by two persons or households living independently of
each other, and any land appurtenant thereto, and any portion thereof.
This definition shall also include apartments, townhouses, condominiums
and retirement communities. "Condominiums" as used herein shall include
the form of ownership of real property under a master deed providing
for ownership by one or more owners of units of improvement together
with an undivided interest in common elements appurtenant to each
such unit.
All residential, commercial and institutional solid waste
generated within the boundaries of any municipality.
Those groups or organizations operating not-for-profit, such
as the Girl Scouts, Boy Scouts, religious organizations, etc., and
other types of service organizations that may on occasion conduct
recycling fund-raising activities.
High-grade paper, fine paper, bond paper, offset paper, xerographic
paper, mimeo paper, duplicator paper, and related types of cellulose
material containing not more than 10% by weight of volume of noncellulose
material such as laminates, binders, coatings, or saturates.
Junk mail, cereal, cookie, cracker, dry detergent boxes,
shoe boxes, juice boxes, milk and juice containers and telephone books.
Includes all paper grades, including but not limited to newspaper,
high-grade office paper, fine paper, bond paper, offset paper, xerographic
paper, mimeo paper, duplicator paper, and related types of cellulose
material containing not less than 10% by weight or volume of noncellulose
material such as laminates, binders, coatings, or saturates.
Any individual or group registered with the Mercer County
Improvement Authority to collect recyclable materials.
A container intended for the in-home storage and collection
of recyclable materials, to be approved by the Mercer County Improvement
Authority, and to be signed with an appropriate recycling slogan.
Those materials which would otherwise become municipal solid
waste, and which may be collected, separated, processed and returned
to the economic mainstream in the form of materials or products.
The activity whereby a secondary material is introduced as
a raw material into a process in which it is transformed into a new
product in such a manner that its original identity is essentially
lost.
The New Jersey Statewide Mandatory Source Separation and
Recycling Act, P.L. 1987, Chapter 102, N.J.S.A. 13:1E-99.1 et seq.
Any facility designed and operated solely for receiving,
storing, processing and transferring source-separated, nonputrescible
or source-separated commingled nonputrescible metal, glass, paper,
plastic containers, and corrugated and other cardboard, or other recyclable
materials approved by the Department.
Any place, equipment or plant designed and/or operated for
the purpose of recycling to collect, store, process or to redistribute
separated waste so as to return the material to market.
Any individual or group that is not registered with the Mercer
County Improvement Authority to collect recyclable materials, or an
individual or group which has not been granted an exemption to the
registration requirement.
Garbage, refuse, and other discarded materials resulting
from industrial, commercial and agricultural operations, and from
domestic and community activities, and shall include all other waste
materials, including liquids, except for solid animal and vegetable
wastes collected by swine producers licensed by the State Department
of Agriculture to collect, prepare and feed such wastes to swine on
their own farms.
Includes the plants, structures and other real and personal
property acquired, constructed or operated or to be acquired, constructed
or operated by any person pursuant to the provisions of the Solid
Waste Management Act, N.J.S.A. 13:1e-1 et seq., or any other act,
including transfer stations, incinerator, resource recovery facilities,
sanitary landfill facilities or other plants for the disposal of solid
waste, and all vehicles, equipment and other real and personal property
and rights therein and appurtenances necessary or useful and convenient
for the collection or disposal of solid waste in a sanitary manner.
The act of segregating designated recyclable materials from
residential, commercial and institutional solid waste by the generator
thereof for the purpose of collection, disposition and recycling.
Those cans with a basic steel construction with an interior
coating of tin.
A continuous solid or pneumatic rubber cushion encircling
a wheel usually consisting, when pneumatic, of an external rubber-and-fabric
covering that contains and protects from injury an air-filled inner
tube for use on a motor vehicle not for commercial use. A tire as
defined herein shall have the rim removed.
Those materials which are not defined as "acceptable commingled
materials."
Those materials which are not defined as "acceptable mixed
paper" and are unsuitable for consumption as the grade specified.
Refrigerators, freezers, washers, dryers and other appliances
of steel construction.
A.
The Township of West Windsor shall heretofore provide
for a collection system for leaves generated from residential premises
and require that persons occupying residential premises within these
municipal boundaries shall, for the period from September 1 to December
31 of each year, source-separate leaves from solid waste generated
at those premises and, unless leaves are stored or recycled for composting
or mulching by the generator, place the leaves for collection in the
manner provided for herein.
B.
Leaves shall be collected by the Township in one of
two manners: vacuum collection at curbside or collection of bagged
leaves at such times as may be determined by the Township. All such
collected material shall be deposited at the Township's registered
compost facility or at such other place as may be designated. Residents
shall be permitted to deposit such material directly at the registered
compost facility or other site designated.
The Township of West Windsor may deliver tires
to the existing transfer station or such site as designated by the
Mercer County Improvement Authority for transfer to a tire recycler.
The Township of West Windsor shall, at a minimum,
within 30 days after the adoption of this article, and at least once
every six months thereafter, notify all persons occupying residential,
commercial and institutional premises within these municipal boundaries
of recycling opportunities and the source separation requirements
of this article and the Mercer County Recycling Plan. In order to
fulfill the notification requirements of this section, this municipality
may, in its discretion, place an advertisement in a newspaper circulating
in the municipality or post a notice in public places where public
notices are customarily posted and include a notice with other official
notifications periodically mailed to residential taxpayers, as the
municipality deems necessary and appropriate.
A.
The Township of West Windsor shall, pursuant to N.J.S.A.
13:1E-99.16c, within 30 days of the effective date of this article,
and at least once every 36 months thereafter, conduct a review and
make necessary revisions to the Master Plan and development regulations
adopted pursuant to L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), which
revisions shall reflect changes in state, county and municipal policies
and objectives concerning the collection, disposition and recycling
of designated recyclable materials.
B.
The revised Master Plan shall include provisions for
the collection, disposition and recycling of recyclable materials
designated in this article and for the collection, disposition and
recycling of designated recyclable materials within any development
proposal for the construction of 50 or more units of single-family
residential housing or 25 or more units of multifamily residential
housing and any commercial or industrial development proposal for
the utilization of 1,000 square feet or more of land.
A.
On and after the official commencement date of the
County Recycling System within the Township of West Windsor, each
person residing in areas designated for recycling collection shall
separate for curbside collection on designated collection days and
such additional days as may be designated by the Mercer County Improvement
Authority those materials designated in the Mercer County Recycling
Plan as listed below, and shall do so in the manner as set forth in
this article.
B.
All residents shall recycle or cause to be recycled,
at a minimum, the following categories of recyclables:
(2)
Clear, green and amber glass food and beverage containers.
(3)
Aluminum food and beverage containers.
(4)
PET beverage and HDPE beverage and laundry detergent
containers.
(5)
Tin-plate steel containers.
(6)
Bimetal containers.
(7)
Tires.
(8)
Vehicle batteries.
(9)
White goods.
(10)
Leaves.
(11)
Used motor oil.
(12)
Ferrous automotive scrap.
C.
Any and all persons having been found to have violated the provisions of the Recycling Plan of the Township of West Windsor will be assessed warnings, penalties and fines pursuant to § 148-24 of this article.
D.
At the time of placement of recyclable materials designated
for collection by the Recycling Plan of the Township of West Windsor
at the curb- or street side of residential units, said materials shall
be considered the sole property of the Mercer County Improvement Authority
and shall be considered a conscious contribution by that resident
to the County Recycling System for collection by the Mercer County
Improvement Authority or its agent.
E.
Any resident within the Township of West Windsor may
donate or sell designated recyclable materials to any person, whether
operating for profit or not-for-profit, provided that the receiving
person may not perform curbside collection under any circumstances
unless that person has registered with the Mercer County Improvement
Authority as a private recycler.
Grass clippings may be deposited at the Township's
registered compost facility and shall not be part of the Township's
refuse collection program.
A.
All commercial, industrial and institutional establishments
located within the Township of West Windsor shall recycle or cause
to be recycled, at a minimum, the following categories of recyclables:
(2)
Clear, green and amber glass food and beverage containers.
(3)
Aluminum food and beverage containers.
(4)
PET beverage and HDPE beverage and laundry detergent
containers.
(5)
Tin-plate steel containers.
(6)
Bimetal containers.
(7)
Tires.
(8)
Vehicle batteries.
(9)
White goods.
(10)
Leaves.
(11)
Used motor oil.
(12)
Ferrous automotive scrap.
B.
All commercial/industrial/institutional establishments
located within the Township of West Windsor shall submit a source-separation
recycling plan to the Mercer County Improvement Authority to meet
the state recycling mandates identifying or incorporating the following:
(1)
All waste material generated, listed by type.
(2)
All volumes of these waste categories currently recycled.
(3)
Any agreement with any solid waste hauler or with
a separate entity for the recycling of source-separated designated
materials as defined within the Mercer County Recycling Plan.
(4)
A description of current or proposed recycling efforts
for designated materials.
C.
The schedule for submittal of these commercial/industrial/institutional
recycling plans to the Mercer County Improvement Authority shall be
as follows:
(1)
All commercial/industrial/institutional establishments
whose waste is collected by private haulers and not serviced by municipal
collection shall submit the plan within four months of enactment of
this article and shall implement the same within two months following
approval of the plan by the Mercer County Improvement Authority.
(2)
All commercial/industrial/institutional establishments
whose waste is collected through a municipal collection system shall
be part of the municipal collection system of recyclables.
D.
All commercial/industrial/institutional establishments
required to submit a recycling plan under this article may, at their
option, submit a joint recycling plan with any other entity or entities
whereby a common hauler and/or collection point for common pickup
is set forth. However, each commercial/industrial/institutional establishment
shall submit a plan identifying that they are part of this joint plan
and shall attach a copy of the same, incorporating it by reference.
E.
Any such commercial/industrial/institutional recycling
plan shall be consistent with those terms, conditions and goals set
forth in the Mercer County Recycling Plan and this article. The failure
to submit said plan or to comply with the same shall subject the commercial/industrial/institutional
establishment to penalties as set forth in this article.
F.
An extension of the time for plan submittal and/or
plan implementation of up to 90 days may be requested from the Mercer
County Improvement Authority, depending upon the size of the establishment.
Justification for such a request shall be submitted to the Mercer
County Improvement Authority, in writing, and shall be verified as
necessary or justified.
G.
Upon failure of a commercial/industrial/institutional establishment to meet the source separation recycling provisions of this article and/or the source separation and recycling provisions of the Recycling Act, if not exempted pursuant to Subsection H described hereafter, the Mercer County Improvement Authority shall cause to be provided said recycling service, and all fees and costs for providing said recycling service shall be paid to the Mercer County Improvement Authority and, if applicable, shall be assessed at rates established by the New Jersey Board of Public Utilities and Mercer County's solid waste franchise, and penalties shall be assessed as provided for in this article.
H.
Pursuant to N.J.S.A. 13:1E-99.16(d) of the Recycling
Act, all municipalities shall have the right to exempt persons occupying
commercial and institutional premises within their municipal boundaries
from the source separation requirements of the ordinance if those
persons have otherwise provided for the recycling of the recyclable
materials designated in the Mercer County Recycling Plan from solid
waste generated at those premises. Each municipality shall annually
submit to the Mercer County Improvement Authority a list of those
commercial/industrial/institutional establishments requesting exemptions
under this subsection and the results of the municipal determination
with an explanation for said action. To be eligible for an exemption
pursuant to this subsection, a commercial or institutional solid waste
generator shall annually provide written documentation to the municipality
and the Mercer County Improvement Authority of the total number of
tons recycled. Persons occupying commercial and institutional premises
exempted under this section shall not be exempted from the reporting
provisions of the Recycling Act.
I.
At the time of placement of recyclable materials designated
for collection by the Mercer County Recycling Plan at the curb- or
street side of commercial, industrial or institutional establishments,
said material shall be considered the sole property of the Mercer
County Improvement Authority and shall be considered a conscious contribution
to the County Recycling System for collection by the Mercer County
Improvement Authority or its agent.
J.
Any future commercial waste private recycling facilities
must be approved by the Mercer County Improvement Authority and shall
be included by amendment to the Mercer County Solid Waste Management
Plan.
K.
Any and all such designated commercial recycling centers
shall comply with all applicable laws, ordinances, and statutes, and
the Mercer County Solid Waste Plan.
Batteries shall not be a part of the curbside
collection program but shall be disposed of in markets set forth in
the Mercer County Recycling Plan Market Guide.
A.
Any person or group of persons wishing to collect
recyclable materials shall register with the Mercer County Improvement
Authority as a private recycler.
B.
No private recycler shall conduct recycling collection
activities within the Township of West Windsor on designated county
collection days.
C.
Upon registration, each private recycler shall receive
an identification/registration decal from the Mercer County Improvement
Authority and shall prominently display the same on recycling vehicles
when collecting recyclables within the Township of West Windsor.
D.
An ongoing condition of collection activities within
the municipality shall be the submittal of certified weight tickets
to the Mercer County Improvement Authority for material sold to quantify
levels for state-mandated recycling goals. Said tickets shall be submitted
to the Mercer County Improvement Authority no later than 30 days following
the date of sale of the subject material.
The enforcement of the Recycling Plan of the
Township of West Windsor shall be provided individually and severally
by the Township of West Windsor, with regard to enforcement of this
article, and/or the Mercer County Improvement Authority and/or the
New Jersey Department of Environmental Protection.
A.
No person shall collect recyclables within the Township
of West Windsor unless registered with the Mercer County Improvement
Authority and the requisite fee has been paid. Exemption from the
registration fee, but not the registration requirement, shall be provided
to nonprofit service groups collecting recyclable materials on a limited
number of occasions during a given year.
B.
Upon registration and payment of applicable fees,
the registrant shall be issued an identification/registration decal
which shall be prominently displayed on each recycling vehicle at
all times while collecting recyclables; and
D.
Any operator of a private (non-county-operated) recycling
drop-off center where materials will be received for processing shall
register with the Mercer County Improvement Authority and shall be
subject to a registration fee of $250 per annum and the quarterly
reporting requirements of the Mercer County Improvement Authority.
Approved nonprofit recycling drop-off locations and/or facilities
shall be exempted from the registration fee but not from the reporting
requirement.
A.
Failure to register or to display the identification/registration
decal on vehicles while collecting recyclables within the Township
of West Windsor shall subject such private recycler to a fine of $250
per offense.
B.
Any person or entity conducting recycling collection
activities within the Township of West Windsor on designated county
recycling collection days shall be assessed a penalty of $250 per
offense.
A.
Residents. Any resident of any municipality within
Mercer County who is found to have violated the provisions of this
article shall be subject to the following procedures and penalties:
(1)
A notice of violation shall be issued upon the first
infraction that said ordinance is violated; and
(2)
Thereafter, a cessation in the collection of garbage
which contains recyclable materials from that household; and/or
(3)
A fine of up to $500 per day of violation depending
upon the extent of and circumstances of the violation, to be assessed
pursuant to N.J.S.A. 13:1E-9 by the Mercer County Improvement Authority,
as authorized hereby and pursuant to the inclusion of this article
within the Mercer County Solid Waste Management Plan.
B.
Commercial, industrial and institutional establishments.
(1)
Failure to submit the plan or have an approved plan
in place as required by this article shall subject the commercial/industrial/institutional
establishment to a fine of up to $100 per day until plan submittal
requirements are met.
(2)
Any commercial/industrial/institutional establishment located within Mercer County found to have violated the terms and provisions of this article and/or its required recycling plan as submitted to the county pursuant to § 148-10 of this article shall be subject to the following procedures and penalties:
(a)
A notice of violation shall be issued upon the
first infraction that said ordinance is violated; and
(b)
A fine of up to $1,000 per day of violation
depending upon the extent of and circumstances of the violation and
the size of the violating establishment, to be assessed pursuant to
N.J.S.A. 13-1E-9 by the Mercer County Improvement Authority, as authorized
hereby and pursuant to the inclusion of this article within the Mercer
County Solid Waste Management Plan.
